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Agenda 08-03-21 The City of wr Boynton Beach y City Commission Agenda Tuesday, August 3, 2021 , 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 www.boynton-beach.org Page 1 of 1906 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit- Three (3) Minutes. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on August 3, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s)for your comments. Comments received by the deadline will be included in the meeting minutes for the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. Page 2 of 1906 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 1906 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Bob Bender, Christ Fellowship Pledge of Allegiance to the Flag led by Commissioner Penserga Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Jodie Boisvert with the Palm Beach County Community Services Department, will give a presentation on the County's Economic Mobility Report. B. Announce the receipt of the Budget Award from the Government Finance Officers Association. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Proposed Resolution No. R21-089- Authorizing the reinstatement of the Affordable Housing Advisory Committee (AHAC). B. Proposed Resolution No. R21-090- Pursuant to State Housing Initiatives Partnership (SHIP) Program-Appoint a City of Boynton Beach Elected Official to local Affordable Housing Advisory Committee (AHAC). C. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for August 3, 2021 - "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R21-091 - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for fiscal year (FY) 2021, authorizing the City Manager's execution of the CDBG One Year Action Plan FY 2021. C. Proposed Resolution No. R21-092- Rescind resolution R20-059 and approve First Amendment to the CDBG Annual Action Plan FY 2019 for CDBG Cares Act allocations 1 and 3. Page 4 of 1906 D. Proposed Resolution No. R21-093- Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign a Professional Services Agreement with Metropolitan Center, Florida International University, of Miramar, FL as a result of RFP No. 021- 2419-21 in the amount of$75,000.00 for Economic Development Plan services. E. Proposed Resolution No. R21-094- Rescind Resolution R07-150 referring to the City's travel policy and rates. F. Proposed Resolution No. R21-095- Authorize the City Manager to sign a security agreement and Addendum concerning Student Information between The School Board of Palm Beach County and the City of Boynton Beach to provide police officers at designated schools within Boynton Beach while the School District works to hire additional full-time school police officers. G. Proposed Resolution No. R21-096- Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Isaias between the City of Boynton Beach and State of Florida, Division of Emergency Management. H. Accept the Fiscal Year 2020-2021 Budget Status Report of the General Fund and the Utilities Fund for the nine (9) month period ended June 30, 2021, unaudited. I. Proposed Resolution No. R21-097-Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Fleet Fund (501) for approved FY 2020-2021 Fleet purchases. J. Legal Expenses - June 2021 - Information at the request of the City Commission. No action required. K. Approve minutes from the City Commission budget workshop on July 12, 2021 and City Commission meeting on July 20, 2021. 7. Consent Bids And Purchases Over$100,000 A. Approve Task Order ASPS-101-072021 with Atlantic Southern Paving and Sealcoating, LLC, in the amount of $193,794.98 in accordance with RFQ No. 010-2512-18/IT, Asphalt and Sidewalk Restoration awarded by City Commission on August 7, 2018 to mill, resurface and restripe SW Congress Blvd and to rehabilitate the multiuse path. B. Approve utilizing the School Board of Volusia County, FL Bid No. CL-905KM with Wabash Valley Manufacturing of Silver Lake, IN for site furnishings located at Congress Avenue Barrier Free Park, Intracoastal Park, and Oceanfront Park for a total estimated expenditure of $125,000.00. The School Board of Volusia County's procurement process satisfies the City's competitive bid requirements. C. Approve the purchase of Victor Stanley Products for site furnishings for Betty Thomas Neighborhood Park and Wilson Park in the amount of $105,000. Victory Stanley is a sole source manufacturer with patented product lines. D. Approve utilizing the City of Miami's Contract IFB No. 130138 with Dana Supply, Inc. of Doral, FL for the purchase and installation of emergency lighting and equipment, on an "As Needed Basis" for an estimated annual expenditure of $450,000 for the period of the contract which expires on July 25, 2024. The City of Miami's bid process satisfies the City's competitive bid requirements. E. Approve the purchase of four (4) replacement vehicles as approved in the FY20-21 Fleet Replacement budget for an estimated amount of $159,906.50 by utilizing the following contract: Florida Sheriffs Association FSA20-VEL28.0 and FSA20-VEH18.0. The Florida Sheriffs contract satisfies the City's procurement requirements. F. Approve piggybacking the Broward Sheriff's Office Contract # 14036AG with Gall's for the purchase of uniforms for Police and Fire with an estimated annual expenditure of $180,000. The Broward Sheriff's Office procurement process satisfies the City's competitive bid requirements. Page 5 of 1906 G. Proposed Resolution No. R21-098— Approve the award of Bid No. 081-2821-21/TP for the Sodium Hypochlorite Tank Replacement project at the West Water Treatment Plant to Florida Design Drilling Corporation of West Palm Beach, Florida and authorize the City Manager to sign a Construction Contract in the amount of $440,000 plus a 10% contingency of $44,000, for a total amount of$484,000. H. Proposed Resolution No. R21-099— Approve Award of Bid No. 079-2821-21 for "Pre- Chlorinated Pipe Bursting of Potable Water Mains", and authorize the City Manager to sign contracts with Murphy Pipeline Contractors, of Jacksonville, FL as the Primary Vendor and Killebrew, Inc., of Lakeland, FL as the Secondary Vendor for an initial two (2) year period. This bid will be utilized on an as needed basis with an estimated annual expenditure of$600,000. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report A. Development Director Adam Temple will provide the Commission with an update on the countywide building re-certification program that Boynton Beach, as well all PBC municipalities, are working to develop with Palm Beach County government. 10. Unfinished Business - None 11. New Business - None 12. Legal A. Proposed Ordinance No. 21-024- First Reading. Amending the City's candidate qualifying dates to be from Noon on the second Tuesday in November to Noon on the fourth Tuesday in November. (Tabled from the July 20, 2021 City Commission Meeting.) Proposed Resolution No. R21-088- Designating the PBC Supervisor of Elections as the City's canvassing board for municipal elections. (Tabled from the July 20, 2021 City Commission Meeting.) 13. Future Agenda Items A. Presentation on activation of the Historic Woman's Club of Boynton Beach. - August 17, 2021 B. Discuss draft ordinance establishing monument policy. -August 17, 2021 C. Mayor Grant requested a discussion about the possibility of a Parks& Recreation Bond. -August 17, 2021 D. Discuss conveyance of property from City of Boynton Beach to Lutheran Services of Florida for future Head Start location. -August 17, 2021 E. Discuss letter of intent from Alan Sperling, LLC to purchase Leisureville parcel and disposition process. -August 17, 2021 F. Select University to conduct Redistricting Study per Charter requirements after each Census - September, 2021. G. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD 14. Adjournment Notice Page 6 of 1906 If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record of the proceedings and,for such purpose,He/She may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the city.Please contact the City Clerks office,(561)742- 6060 or(TTY)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7 of 1906 1.A. Opening Items 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Roll Call Invocation by Pastor Bob Bender, Christ Fellowship Pledge of Allegiance to the Flag led by Commissioner Penserga Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 8 of 1906 2.A. Other 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Informational items by the Members of the City Commission. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 9 of 1906 3.A. Announcements, Community and Special Events and Presentations 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Jodie Boisvert with the Palm Beach County Community Services Department, will give a presentation on the County's Economic Mobility Report. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? 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Announcements, Community and Special Events and Presentations 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Announce the receipt of the Budget Award from the Government Finance Officers Association. Explanation of Request: The City of Boynton Beach has received the Distinguished Budget Presentation Award for its October 01, 2020 budget. How will this affect city programs or services? None Fiscal Impact: Good Stewardship and Planning Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment Award Page 30 of 1906 GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award PRESENTED TO City of Boynton Beach Florida For the Fiscal Year Beginning October 01, 2020 ox� P. Executive Director Page 31 of 1906 5.A. Administrative 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-089- Authorizing the reinstatement of the Affordable Housing Advisory Committee (AHAC). Explanation of Request: In order to maintain the City's funding through the State Housing Initiatives Partnership, Florida Statute 420.6015 requires that public and private resources be joined in an effort to improve existing housing and provide new housing for very low, low and moderate-income households. The legislature mandates that local governments combine its resources with the use of lenders, builders and developers, real estate professionals, advocates for low income persons, and community groups. Local governments must establish an affordable housing advisory committee to recommend monetary and non-monetary incentives for affordable housing as provided in Florida Statute 420.9076. The committee must be populated and hold its first meeting by 12/31/21. Appointments will be made through our regular advisory board appointment process. How will this affect city programs or services? The Affordable Housing Advisory Committee is expected to meet annually, to review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan to recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. Fiscal Impact: The continuation of State Housing Initiative Partnership (SHIP) Program funding is dependent on the re- establishment of this committee. Alternatives: None Recommended. Strategic Plan: Building Wealth in the Community Strategic Plan Application: State Housing I nitiatives Partnership Program-- The State Housing I nitiatives Partnership Program is created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing-related employment. Climate Action Application: N/A Page 32 of 1906 Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution re-appointing the Affordable Housing Advisory Committee D Addendum Florida Statute 420.9076 Page 33 of 1906 I RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA CONCERNING THE CITY'S AFFORDABLE 5 HOUSING ADVISORY COMMITTEE; RE-APPOINTING 6 MEMBERS WHO MEET STATUTORY QUALIFICATION 7 FOR APPOINTMENT; DEFINING TERMS OF 8 APPOINTMENT FOR MEMBERS OF THE COMMITTEE; 9 AUTHORIZING THE COMMITTEE TO PERFORM THE 10 DUTIES AS PROVIDED IN SECTION 420.9076, FLORIDA I i STATUTES; PROVIDING FOR CONFLICT, 12 SEVERABILITY,AND AN EFFECTIVE DATE. 13 14 WHEREAS, in order to qualify for funding Florida Statute 420.6015 requires that 15 public and private resources be joined in an effort to improve existing housing and provide new 16 housing for very low, low and moderate-income households; and 17 WHEREAS, Local governments must establish an affordable housing advisory 18 committee to recommend monetary and non-monetary incentives for affordable housing as 19 provided in Florida Statute 420.9076; and 20 WHEREAS, Effective October 1, 2020, the committee must consist of one locally 21 elected official from each county or municipality participating in the State Housing Initiatives 22 Partnership Program and one representative from at least six of the categories below: 23 (a) A citizen who is actively engaged in the residential home building industry in connection 24 with affordable housing. 25 (b) A citizen who is actively engaged in the banking or mortgage banking industry in 26 connection with affordable housing. 27 (c) A citizen who is a representative of those areas of labor actively engaged in home 28 building in connection with affordable housing. 29 (d) A citizen who is actively engaged as an advocate for low-income persons in connection 30 with affordable housing. 31 (e) A citizen who is actively engaged as a for-profit provider of affordable housing. 32 (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. 100459315.1306-90018211 1 S:ACA\RESO\Affordable Housing Committee(00459315xc4b6a).Docx Page 34 of 1906 33 (g) A citizen who is actively engaged as a real estate professional in connection with 34 affordable housing. 35 (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If 36 the local planning agency is comprised of the governing board of the county or municipality, 37 the governing board may appoint a designee who is knowledgeable in the local planning 38 process. 39 (i) A citizen who resides within the jurisdiction of the local governing body making the 40 appointments. 41 0) A citizen who represents employers within the jurisdiction. 42 (k) A citizen who represents essential services personnel, as defined in the local housing 43 assistance plan. 44 WHEREAS, the City Commission deems it to be in the best interests of the citizens 45 and residents of the City of Boynton Beach to appoint members to the Affordable Housing 46 Advisory Committee. 47 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 48 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 49 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 50 as being true and correct, and are hereby incorporated herein and made a part hereof. 51 Section 2. The City Commission hereby reinstates the Affordable Housing 52 Advisory Committee (AHAC) and,pursuant to the requirements set forth in Section 420.9076, 53 Florida Statutes appoints the following members to the Affordable Housing Advisory 54 Committee: 55 (a) A citizen who is actively engaged in the residential home building industry in connection 56 with affordable housing. - for a term of 57 (b) A citizen who is actively engaged in the banking or mortgage banking industry in 58 connection with affordable housing. - for a term of 59 (c) A citizen who is a representative of those areas of labor actively engaged in home 60 building in connection with affordable housing. - for a term of 61 100459315.1306-90018211 2 S:ACA\RESO\Affordable Housing Committee(00459315xc4b6a).Docx Page 35 of 1906 62 (d) A citizen who is actively engaged as an advocate for low-income persons in connection 63 with affordable housing. - for a term of 64 (e) A citizen who is actively engaged as a for-profit provider of affordable housing. - 65 for a term of 66 (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. - 67 for a term of 68 (g) A citizen who is actively engaged as a real estate professional in connection with 69 affordable housing. - for a term of 70 (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If 71 the local planning agency is comprised of the governing board of the county or municipality, 72 the governing board may appoint a designee who is knowledgeable in the local planning 73 process. - for a term of 74 (i) A citizen who resides within the jurisdiction of the local governing body making the 75 appointments. - for a term of 76 0) A citizen who represents employers within the jurisdiction. - for 77 a term of 78 (k) A citizen who represents essential services personnel, as defined in the local housing 79 assistance plan. - for a term of 80 (1) An Elected Official. for a term of 81 Section 3. The advisory committee shall meet annually and shall act in accordance 82 with Section 420.9076, Florida Statutes and shall review the established policies and 83 procedures, ordinances, land development regulations, and the City's adopted comprehensive 84 plan and shall recommend specific actions or initiatives to encourage or facilitate affordable 85 housing while protecting the ability of the property to appreciate in value. The 86 recommendations may include the modification or repeal existing policies, procedures, 87 ordinances, regulations or plan provisions; the creation of exceptions applicable to affordable 88 housing;or the adoption of new policies,procedures,regulations,ordinances or plan provisions, 89 including recommendations to amend the comprehensive plan and corresponding regulations, 90 ordinances and other policies. At a minimum, the advisory committee shall submit a report to 100459315.1306-90018211 3 S:ACA\RESO\Affordable Housing Committee(00459315xc4b6a).Docx Page 36 of 1906 91 the City Commission that includes recommendations on and annually thereafter evaluates the 92 implementation of affordable housing incentives. 93 Section 4. This Resolution shall become effective on passage. 94 PASSED AND ADOPTED this 3rd day of August, 2021. 95 CITY OF BOYNTON BEACH, FLORIDA 96 97 YES NO 98 99 Mayor— Steven B. Grant 100 101 Vice Mayor—Woodrow L. Hay 102 103 Commissioner—Justin Katz 104 105 Commissioner—Christina L. Romelus 106 107 Commissioner—Ty Penserga 108 109 VOTE 110 ATTEST: 111 112 113 114 115 Crystal Gibson, MMC 116 City Clerk 117 118 119 120 (Corporate Seal) 100459315.1306-90018211 4 S:ACA\RESO\Affordable Housing Committee(00459315xc4b6a).Docx Page 37 of 1906 420.9076 Adoption of affordable housing incentive strategies; committees. — (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16). (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee. The local action adopted pursuant to s. 420.9072 which creates the advisory committee and appoints the advisory committee members must name at least 8 but not more than 11 committee members and specify their terms. Effective October 1, 2020, the committee must consist of one locally elected official from each county or municipality participating in the State Housing Initiatives Partnership Program and one representative from at least six of the categories below: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. 0) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. (3) All meetings of the advisory committee are public meetings, and all committee records are public records. Staff, administrative, and facility support to the advisory committee shall be provided by the appointing county or eligible municipality. Page 38 of 1906 (4) Annually, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit an annual report to the local governing body and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program which includes recommendations on the implementation of affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3. (b) All allowable fee waivers provided for the development or construction of affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. (e) Affordable accessory residential units. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. 0) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform an initial review but may elect to not perform the annual review. Page 39 of 1906 (5) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the county. The notice must contain a short and concise summary of the evaluation and local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the evaluation and tentative advisory committee recommendations can be obtained by interested persons. The final report, evaluation, and recommendations shall be submitted to the corporation. (6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(16). The local government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee. (7) The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies. The notice must include a copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local housing assistance plan to incorporate local housing incentive strategies, a notice of termination of its share of the local housing distribution shall be sent by certified mail by the corporation to the affected county or eligible municipality. The notice of termination must specify a date of termination of the funding if the affected county or eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies. If the county or the eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies by the termination date specified in the notice of termination, the local distribution share terminates; and any uncommitted local distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer the local government housing program. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement within the county does Page 40 of 1906 timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies, the corporation, after issuance of a notice of termination, shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in s. 420.9073. (c) Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting an amended local housing assistance plan to incorporate local housing incentive strategies in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072. (8) The advisory committee may perform other duties at the request of the local government, including: (a) The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. (b) The creation of best practices for the development of affordable housing in the community. (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. (10) The locally elected official serving on an advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in s. 420.531(2). If the locally elected official or a locally elected designee fails to attend three consecutive regional workshops, the corporation may withhold funds pending the person's attendance at the next regularly scheduled biannual meeting. History.—s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69; s. 19, ch. 2007-198; s. 117, ch. 2008-4; s. 30, ch. 2009-96; s. 16, ch. 2011-15; s. 67, ch. 2011-139; s. 11, ch. 2016-210; s. 19, ch. 2020-27. Page 41 of 1906 5.B. Administrative 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-090- Pursuant to State Housing I nitiatives Partnership (SHIP) Program- Appoint a City of Boynton Beach Elected Official to local Affordable Housing Advisory Committee (AHAC). Explanation of Request: Pursuant to Florida Statue 420.9072 which created the advisory committee, effective October 1, 2020 any municipality participating in the State Housing Initiatives Partnership (SHIP) Program local governing board shall appoint one locally elected official to its local Affordable Housing Advisory Committee (AHAC). The locally elected official serving on an advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in s. 420.531(2). How will this affect city programs or services? Pursuant to Florida Statue 420.9072 which created the advisory committee, effective October 1, 2020 each municipality participating in the State Housing Initiatives Partnership (SHIP) Program local governing board shall appoint one locally elected official to its local Affordable Housing Advisory Committee (AHAC). Fiscal Impact: • Failure to appoint an elected official could affect the City's ability to receive SHIP funds. • Failure of the elected official to attend the required workshops may result in SHIP funding being withheld. • The continuation of State Housing Initiative Partnership (SHIP) Program funding is dependent on the appointment of an elected official to this committee. Alternatives: None recommended. Strategic Plan: Building Wealth in the Community Strategic Plan Application: State Housing Initiatives Partnership Program- The State Housing Initiatives Partnership Program is created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing-related employment. Climate Action Application: N/A Page 42 of 1906 Is this a grant? Yes Grant Amount: Attachments: Type Description D Resolution Resolution appointing Elected Official to the Affordable Housing Ad\Asory Committee D Addendum Florida Statute 420.9076 Page 43 of 1906 I RESOLUTION NO.R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING A CITY OF BOYNTON BEACH ELECTED OFFICIAL TO 5 ITS LOCAL AFFORDABLE HOUSING ADVISORY COMMITTEE 6 (AHAC); AND PROVIDING AN EFFECTIVE DATE. 7 8 WHEREAS,the Florida Statute 420.9072 regulates State Housing Initiative Partnership 9 (SHIP) Program funds; and 10 WHEREAS, The City of Boynton Beach receives an allocation of funds "which were 11 created for the purpose of providing funds to counties and eligible municipalities as an incentive 12 for the creation of a local housing assistance plan, to expand the production of and preserve 13 affordable housing,to further the housing element of the local government Comprehensive Plan 14 specific to affordable housing and to increase housing related employment"; and 15 WHEREAS, pursuant to Florida Statue 420.9072 which created the advisory 16 committee, effective October 1, 2020 the governing board of municipalities participating in the 17 State Housing Initiatives Partnership (SHIP)Program shall appoint one locally elected official 18 to its local Affordable Housing Advisory Committee (AHAC); and 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH,FLORIDA THAT: 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true 22 and correct and incorporated herein by reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 24 as a representative to the local Affordable Housing Advisory 25 Committee (AHAQ. 26 Section 3. That this Resolution shall become effective immediately upon passage. 27 28 S:\CA\RESO\Appointments\Appointing Elected Official To Affordable Housing Advisory Committee-Reso.Docx Page 44 of 1906 29 PASSED AND ADOPTED this 3rd day of August, 2021 30 CITY OF BOYNTON BEACH, FLORIDA 31 YES NO 32 33 Mayor— Steven B. Grant 34 35 Vice-Mayor—Woodrow L. Hay 36 37 Commissioner—Justin Katz 38 39 Commissioner—Christina L. Romelus 40 41 Commissioner—Ty Penserga 42 43 VOTE 44 ATTEST: 45 46 47 Crystal Gibson, MMC 48 City Clerk 49 50 51 (Corporate Seal) S:\CA\RESO\Appointments\Appointing Elected Official To Affordable Housing Advisory Committee-Reso.Docx Page 45 of 1906 420.9076 Adoption of affordable housing incentive strategies; committees. — (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16). (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee. The local action adopted pursuant to s. 420.9072 which creates the advisory committee and appoints the advisory committee members must name at least 8 but not more than 11 committee members and specify their terms. Effective October 1, 2020, the committee must consist of one locally elected official from each county or municipality participating in the State Housing Initiatives Partnership Program and one representative from at least six of the categories below: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. 0) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. (3) All meetings of the advisory committee are public meetings, and all committee records are public records. Staff, administrative, and facility support to the advisory committee shall be provided by the appointing county or eligible municipality. Page 46 of 1906 (4) Annually, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit an annual report to the local governing body and to the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program which includes recommendations on the implementation of affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3. (b) All allowable fee waivers provided for the development or construction of affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. (e) Affordable accessory residential units. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. 0) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform an initial review but may elect to not perform the annual review. Page 47 of 1906 (5) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the county. The notice must contain a short and concise summary of the evaluation and local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the evaluation and tentative advisory committee recommendations can be obtained by interested persons. The final report, evaluation, and recommendations shall be submitted to the corporation. (6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(16). The local government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee. (7) The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies. The notice must include a copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local housing assistance plan to incorporate local housing incentive strategies, a notice of termination of its share of the local housing distribution shall be sent by certified mail by the corporation to the affected county or eligible municipality. The notice of termination must specify a date of termination of the funding if the affected county or eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies. If the county or the eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies by the termination date specified in the notice of termination, the local distribution share terminates; and any uncommitted local distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer the local government housing program. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement within the county does Page 48 of 1906 timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies, the corporation, after issuance of a notice of termination, shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in s. 420.9073. (c) Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting an amended local housing assistance plan to incorporate local housing incentive strategies in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072. (8) The advisory committee may perform other duties at the request of the local government, including: (a) The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. (b) The creation of best practices for the development of affordable housing in the community. (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. (10) The locally elected official serving on an advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in s. 420.531(2). If the locally elected official or a locally elected designee fails to attend three consecutive regional workshops, the corporation may withhold funds pending the person's attendance at the next regularly scheduled biannual meeting. History.—s. 32, ch. 92-317; s. 15, ch. 93-181; s. 38, ch. 97-167; s. 24, ch. 2006-69; s. 19, ch. 2007-198; s. 117, ch. 2008-4; s. 30, ch. 2009-96; s. 16, ch. 2011-15; s. 67, ch. 2011-139; s. 11, ch. 2016-210; s. 19, ch. 2020-27. Page 49 of 1906 5.C. Administrative 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for term openings and vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city advisory boards full and operating as effectively as possible. Fiscal Impact: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment Appointments and Applicants for 08-03-2021 Attachment Dubree, Ronald III Attachment Hubbard, James Attachment Patterson, Frando Attachment Rhodes, Tarynnicolle Page 50 of 1906 Appointments and Applicants for August 03, 2021 Art Advisory Board I Katz Alt 1 yr term to 3/22 Applicants: Ronald DuBree III Building Board of Adjustments and Appeals Vice Mayor Hay Reg 2 yr term to 3/23 IV Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 1 Katz Alt 1 yr term to 3/22 Applicants: None Education and Youth Advisory Board III Romelus Reg 2 yr term to 3/23 IV Penserga Student 1 yr term to 3/22 (Voting) I Katz Alt 1 yr term to 3/22 Mayor Grant Student 1 yr term to 3/23 (Non-Voting) Applicants: Frando Patterson (Current Alternate requesting to move up to a Regular Member) James Hubbard (Only Qualifies for Alternate Member) Tarynnicolle Rhodes (Only Qualifies for Alternate Member) Historic Resources Preservation Board III Romelus Reg 2 yr term to 3/22 IV Penserga Alt 1 yr term to 3/22 Applicants: None Library Board Vice Mayor Hay Alt 1 yr term to 3/22 Applicants: None C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\94857AC6-37E5-40E8-B6E1-012BBAA275B4\Boynton Beach.27688.1.Appointments_for_08-03- 21.docx Page 51 of 1906 Recreation and Parks I Katz Reg 2 yr term to 3/22 Vice Mayor Hay Alt 1 yr term to 3/22 III Romelus Alt 1 yr term to 3/23 Applicants: None Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicants: None C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\94857AC6-37E5-40E8-B6E1-012BBAA275B4\Boynton Beach.27688.1.Appointments_for_08-03- 21.docx Page 52 of 1906 Stanzione, Tammy From: City Clerk Sent: Wednesday, July 28, 2021 8:39 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: rdiiifl <noreply@123formbuilder.io> Sent:Tuesday,July 27, 20217:58 PM To: City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 07/27/2021 Name Roland DuBree III Phone number Address 137 Harbors Way Boynton Beach Florida 33435 Reserved Email rdiiifl@aol.com Current occupation or, if retired, prior occupation Cosemetologist Education high school,Tech school Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a City board? No Have you served on a City board in the past? N© If"yes", which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Art Advisory Board 1 Page 53 of 1906 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications The eye and the appreciation for art work.Also the want to help to make my city a beautiful place for us all to live. 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 76.108.74.35 (Reserved)at 2021-07-27 18:57:37 on Safari 14.1.1 Entry ID:476 Form Host: https://forms.123formbuilder.io/form-583214/Advisory-Board-Appointment-Application 2 Page 54 of 1906 Stanzione, Tammy From: City Clerk Sent: Friday, July 16, 2021 12:10 PM To: Stanzione, Tammy Subject: FW:Advisory Board Appointment application Attachments: Resume_JeremyHubbard.docx From:cretoriani<noreply@123formbuilder.io> Sent: Friday,July 16, 202111:28 AM To: City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 07/16/2021 Name James Hubbard Phone number 423-956-0836 Address 3539 S Federal Hwy Apt J Boynton Beach FL 33435 United States Email cretoriani@Emaii.com Current occupation or, if retired, prior Software Engineer occupation Education BA Are you a registered Yes voter? Do you reside within the Boynton Beach City Yes limits? Do you own/manage a business within City No limits? If"yes", name of business: Are you currently serving on a City No board? Have you served on a No City board in the past? If"yes",which board(s)and when? 1 Page 55 of 1906 Have you ever been Yes convicted of a crime? If"yes",when and I have received various moving traffic violations over the years, but nothing as severe as to where? incur incarceration. It has been more than 3 years since my last violation, but I do not recall an exact date. Advisory Board Education and Youth Advisory Board If appointed by the City Commission to serve as Board Chair or Vice Yes Chair are you willing to serve in this capacity? Personal Qualifications I have volunteered serving youth at my church in the past, both in a event production capacity and general service capacity and I have a passion for ensuring that the youth are invested in technology and growth on a personal basis.Therefore they would actually seek out education themselves. I would love to help in ways to make education opportunities enticing to youth and young adults as well as develop existing strategies. Professional N/A Memberships Feel free to attach/upload an extra https://form.123formbuilder.com/upload dld.ohp?fileid=fedacf2a6bO3Oc9fbf9899cea810a954 sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 76.208.97.241(United States)at 2021-07-16 10:28:21 on Chrome 91.0.4472.124 Entry ID:474 Referrer: https://www.boynton-beach.org/ Form Host: https:/Iform.123formbuilder.com/583214/advisory-board-appointment-application 2 Page 56 of 1906 f, eremy 3 _ uhhazd cretoriani.jobs@gmail.com Summary • Detail-oriented .NET Developer with twelve years of experience creating innovative and customizable solutions. • Demonstrated ability to manage and deliver multiple projects in a timely manner and on budget by effectively collaborating with team members. • Specialized in Software Development with focus on coding, development, and implementation. Technologies • C# .NET: 2.0-5 • Visual Studio • JavaScript • JQuery • CSS 1-2 • HTML: 3-4 • XML • CSS Less • Asp.Net Web Forms • Asp.Net MVC/MVVM • NET SOAP web services • Elasticsearch queries • T-SQL • CSS Sass • Asp.Net Razor Views • Git/GitHub/SourceTree • Agile/SCRUM/Kanban • Couchbase-2/NoSQL Professional Experience Infosys—Client: Capital Group Lead Software Engineer Apr. 2021 - Current • Developed word document processing tool to retrieve targeted information from batches of word documents along with demographic information contained in the documents using OpenXML, .Net 5 C#, .Net MVC, HTML, Javascript/JQuery, and CSS. o Technologies: ■ .NET C#-4.7 ■ Javascript ■ JQuery ■ T-SQL ® Visual Studio ■ CSS ■ Git ■ Net MVC Robert Half—Client: Excel Medical Electronics Software Engineer Dec. 2020—Jan. 2021 • Developed for flagship product BedMasterEx o Developed custom Video panel for Windows Forms using.Net C#and Visual Studio o Developed configurable Windows service that monitors other services and restarts them as necessary using .Net C#and Visual Studio. o Assisted in development of web-based display of video feed using streaming jpegs using ASP.Net MVC, HTML, Javascript/JQuery and CSS/SASS. Assisted in modification of T-SQL stored procedures and tables that were used as backing data for a service that fed this web UI. Page 57 of 1906 Robert Half-continued- o Technologies: • NET C#-4.7 ■ ASP.NET Web Forms ■ JQuery • T-SQL ■ Visual Studio • CSS ■ Windows Services • Windows Forms ■ Git/GitHub ■ JavaScriot Tata Consultancy Services—Client Kroger Software Developer Jun. 2018—Oct. 2020 • Developed features for and corrected defects in Kroger Ship and Vitacost applications in a mostly formal Agile/SCRUM environment. o Developed Digital Coupon Details window using HTML, Javascript/JQuery, CSS/LESS/SASS within the Classic ASP.Net page framework which was created using C#. o Assisted in development of Direct Ship implementation using HTML,Javascript/JQuery, CSS/LESS/SASS, Classic ASP.Net C#,VB.Net for some of the middle-tier, and T-SQL for the back end. T-SQL was used for the creation of new tables and modification of existing tables as well as for creating stored procedures to access the new data. I needed to rework some of the underlying logic in the system to support this new methodology of listing items, but I did not complete the work solo. o Developed Selligent Marketing Cloud integration for sending transactional emails using .Net C#and VB.Net to work with existing code and plug-in new functionality to send the emails to the new system. I worked on infrastructure to determine when to send emails to the new system and when to fall back to the old methodology. We used RESTSharp from NuGet to communicate with Selligent Marketing Cloud. o Technologies: • .NET C#-4.7 • Classic ASP.NET ■ JQuery • T-SQL • Visual Studio 2017 • VB.Net ■ CSS/LESS/SASS • Agile/SCRUM • Git • JavaScript JebteK Senior Software Developer May 2014—Jun. 2017 • Assisted in all stages of programming lifecycle ofAltaVoco, a medical data analytics platform, and AltaScribe, a medical transcription and dictation platform in a semi-formal Agile/Kanban environment. o AltaScribe used a licensed desktop client with source code access. The code behind the UI was completely reworked to use REST APIs when it formerly communicated directly with back-end systems. o ASP.Net MVC/MVVM, HTML,Javascript/JQuery, and CSS were used in the web UI for both AltaVoca and AltaScribe. o ASP.Net controllers from the AltaScribe project were used as the back end for the earlier mentioned desktop client. o AltaVoca used the Google Maps API to plot data across the map to help identify data trends geographically. o ElasticSearch (now Elastic)and Couchbase were used as the back end for both projects. I helped design the data models for use in both back end systems and assisted in developing a custom query system for ElasticSearch that helped users build queries on their own with a very minimal amount of technical knowledge. Page 58 of 1906 JebteK-Continued- o Technologies: ■ .NET C#-4.0,4.5 ■ ASP.NET MVC/MVVM ■ JQuery ■ ElasticSearch queries • Couchbase-2/NoSQL 0 Google Maps API ■ Visual Studio 2013 ■ Agile/SCRUM/Kanban ■ Git/GitHub ■ JavaScript • Developed and published an iOS game, Catch Fuzzy in a relaxed Agile/SCRUM environment. o I developed gameplay mechanics,such as moving randomly within a given perimeter across variable distances. I also designed the UI layout and functionality for application including multiple status displays, buttons, and the gameplay space. I created the graphic assets for the application including menu icons, status icons, iOS app icons, in-game store icons, character and supporting object assets. o Technologies: Objective-C,XCode, Sprite Kit • Completed work on an un-published iOS game, Rednex in a relaxed Agile/SCRUM environment. o Technologies: Swift 1, XCode, Scene Kit • Completed work on an un-published iOS healthcare application, Code Blue in a semi-formal Agile/Kanban environment. o I developed and implemented a UI which was based on a rudimentary sketch. This included designing button behaviors and the application flow. I also developed all the supporting classes including basic display objects, and event recording. I designed and implemented graphic assets for all buttons and other UI elements. o Technologies: Swift 2, XCode Xelex Digital Senior Software Developer Jan. 2013—Apr. 2014 Software Developer Nov. 2008—Dec. 2012 • Lead developer role for core application, WebChartMD, a medical transcription and dictation platform in a relaxed Agile/SCRUM environment.The platform used a web UI comprised of HTML, CSS, and Java script/JQuery, a Windows Forms desktop client, and windows services to monitor the system and to auto-update the software. • Lead developer for custom HL7 TCP/IP messaging system where messages were transmitted/received via VPN. Message types included ADT, MDM, and ORU. o Technologies: ■ .NET C#: 2.0-4.0 ■ Visual Studio 2008 ■ Couchbase 2 ■ SQL Server-2005, 2008 R2 ■ NET SOAP Web Services • Developed new features for, and maintained, internal tools o Technologies: NET C#-3.5-4.0, Visual Studio 2008 • Created, edited, and maintained SQL Server tables and related stored procedures,views, and functions o Technologies: SQL Server-2005-2008 R2 Education King University B.A. in Online Media and Marketing Aug. 2004—May 2008 Page 59 of 1906 Stanzione, Tammy From: City Clerk Sent: Tuesday, July 20, 2021 1:48 PM To: Stanzione, Tammy Subject: FW:Advisory Board Appointment application Attachments: Frando Patterson Resume.docx From: pamfran<noreply@123formbuilder.io> Sent: Tuesday,July 20,2021 1:12 PM To: City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 07/20/2021 Name Frando Patterson Phone number 615-596-2143 Address 604 NW25th Ave Boynton Beach Florida 33426 United States Email pamfran@bellsouth.net Current occupation or, if retired, prior Director of Testing and Evaluation and Test Prep occupation Education Masters Are you a registered Yes voter? Do you reside within the Boynton Beach City Yes limits? Do you own/manage a business within City No limits? If"yes", name of business: Are you currently serving on a City Yes board? Have you served on a No City board in the past? If"yes",which board(s)Youth and Educational Advisory Board and when? 1 Page 60 of 1906 Have you ever been No convicted of a crime? If"yes",when and where? Advisory Board Education and Youth Advisory Board If appointed by the City Commission to serve as Board Chair or Vice Yes Chair are you willing to serve in this capacity? Personal Qualifications I have served in the military as a Wing and Unit Education and Training Manager for over 20 years. I have over 29 years of higher education experience with regards academic testing. Professional NCTA-National College Testing Association Memberships FACTA- Florida Association of College Test Administrators Kappa Alpha Psi Feel free to attach/upload an extra httos://form.123formbuilder.com/upload did.php?fileid=08251dcf4e5c8fcb5cbda872ecf8cbdd 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 131.91.7.200(United States)at 2021-07-20 12:12:12 on Chrome 91.0.4472.124 Entry ID:475 Form Host:https://form.123formbuilder.com/583214/advisory-board-appointment-application 2 Page 61 of 1906 Frando L Patterson 604 NW 25"' AVE Boynton Beach, FL 33426 615-596-2143 parnfran*bellsouth.net Objective: Dependable and hardworking individual who is seeking a permanent position(s) where my skills, abilities, and experience will benefit the organizations goals and objectives. Education: Golden Gate University San Francisco, CA Master of Science Human Resources Educational emphasis Personnel Management June 1991 Tennessee State University Nashville, TN Master of Education Curriculum and Instruction Educational emphasis Business Education Completed 33 hour toward teaching certification Tennessee State University Nashville, TN Bachelor of Business Admin Educational emphasis Marketing May1983 CCAF Maxwell AFB Associated Degree Education and Training Management Work History: Florida Atlantic University Boca Raton, FL Testing and Evaluation Director Dec 2007 to the Present Responsibilities- Department management includes employee relations (personnel policies, employment, staff development and security issues), academic and professional test administration, record keeping and scheduling for pencil and paper tests, computer-based tests, and internet- based tests (national, state, local, university, correspondent and PROMETRIC APTC Lab), providing academic support including make-up exams, processing scantrons, scanning exams and processing Student Perception of Teaching forms. Accountable for preparing the operating and auxiliary budgets (Testing and Test Prep) and managing all authorized funds. Represent the department or the university at various functions or committees, as needed. Tennessee State University Nashville, TN Testing Supervisor Jan 1993 to Nov 2007 Responsibilities- Supervise and administer computer-based and standardize test, including but not limited to GRE, MAT, CASTLEWORLD, CLEP, PSI, GED Page 62 of 1906 ACCUPLACER , MCAT and Praxis series test. Supervise and train graduate assistants and contractual test proctors. Advise university personnel, students, and the public on testing requirements Military History: Air Force Reserve Marietta, GA 94th Wing Training Manager Jan 2013 to June 2015 45th Aerospace Evacuation Squadron June 2015 to Jan 2017 Responsibilities- Wing Training Manager is the OPR for training programs for units serviced by the host Manpower and Personnel Flight (FSM) regardless of the functional area. The Base Training Manager will ensure programs are in place to manage upgrade, qualification, in-garrison, and ancillary training. Implement and manage training programs, policies, and procedures as directed by higher headquarter. Review and coordinate wing and unit-level training publications, supplements, and operating instructions, and provide recommendations to the appropriate OPRs. Develops, delivers, and evaluates E&T Tennessee Air National Guard Nashville, TN Training Manager 118th AES July 1991 to Jan 2013 Responsibilities- Advise the Unit Commander on all training issues Develops, delivers, and evaluates education and training programs Apply instructional system development process for job standards Advise Air National Guard 4N0 CFM on training issues Advise members of school dates using TEAM Award members skill level using Milpds Advise ANG Readiness Center concerning training issues Super-User for the ANG Medical Communities for AFTR Senior Instructor for the Express Train Class (Class for newly appointed) UTM and units that are 12 months out from a HSI) Instructor for Supervisor Involvement Course ANG Field Rep for AFTR United State Air Force July1987 to July 1991 Computer Skills: Microsoft Words, PowerPoint, Excel, Banner and Access Organization: Member ATP-NCTA ORP Standard workgroup Reference: Available on Request Page 63 of 1906 Stanzione, Tammy From: City Clerk Sent: Friday, July 16, 2021 8:07 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From:tarynnicollelaw<noreply@123formbuilder.io> Sent: Friday,July 16, 20211:56 AM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 07/16/2021 Name Tarynnicolle Rhodes Phone number 561-703-7556 Address 441 SW 10th Ave Boynton Beach Florida 33435 United States Email tarynnicollelaw@aol.com Current occupation or, if retired, prior occupation Mortgage processor Education Bachelor Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes", which board(s)and when? Have you ever been convicted No of a crime? If"yes", when and where? Advisory Board Education and Youth Advisory Board L Page 64 of 1906 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I'm assertive I was also a dance teacher so the children are in y best interest. Im reasonable hard working and a asset whenever I go . Education and youth is my passion . 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 66.229.216.62(United States)at 2021-07-16 00:55:37 on Whone 14.0.3 Entry ID:473 Referrer:httos://www.boynton-beach.org Form Host: htt s: form.123formbuilder.com/583214/advisory-board-appointment-application 2 Page 65 of 1906 6.A. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for August 3, 2021 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). DESCRIPTION SOLICITATION RENEWAL VENDOR(S) OF NUMBER TERM AMOUNT SOLICITATION City of Boynton Beach Bid - As Needed by Various Mullings Engineering Lead Agency - October 1, Departments within budget Services, Inc.; Odums Sod, Bid No. 033- 2021 - Inc.; Sunset Sod, Inc. Southeast FL 2730-18/IT September parameters(Any item over Governmental 30, 2022 $35K will be brought back to Purchasing Commission) Cooperative Bid Gentile Glas Holloway O'Mahoney &Associates, Inc.; Baxter Woodman, Inc. August 20, As Needed Basis by Various formerly known as Mathews City of Boynton RFQ No. 046- 2021 - Departments within budget parameters (Any item over Consulting, A Baxter and Beach RFQ 2821-17/TP August 19, $35K will be brought back to Woodman Company; 2022 Kimley-Horn and Associates, Commission). Inc. Alexis Knight Architects, As Needed by Various Inc.; Carollo Engineering, August 22, Departments within budget Aug Inc.; CH2M Hill Engineers, City of Boynton RFQ No. 046- - parameters (Any item over Inc.; West Architect+ Beach RFQ 2821-17/TP August 21, 2022 $35K will be brought back to Design, LLC Commission). Piggy-Back off July 19, HACH Company of Palm Beach SS150946B 2021 - July Annual Expenditure $50,000 County 18, 2022 September As Needed by Various City of Boynton RFQ No. 046- 7, 2021 - Departments within budget AECOM Technical Services Beach RFQ 2821-17/TP September parameters (Any items over 6, 2022 $35K will be brought back to Page 66 of 1906 Commission). In accordance to Article 4 - Payment of the Executed Contract Resolution R18- 103; the vendor has requested to exercise its September right to increase its Globaltech, Inc. City of Boynton RFQ No. 046- 7, 2021 - Personnel Classification Beach RFQ 2821-17/TP September 6, 2022 Rates following the All Urban Consumers Price Index(CPI-U) by approximately 3%. Staff recommends approval of the rate increase. August 7, Revenue Generating $166.67 FLSC, LLC d/b/a Florida City of Boynton RFP No. 033- 2021 - per bin per month (10 bins Te)dile Recycling Programs Beach RFP 2730-18/IT August 6, generated $20,000 for FY) 2024 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 67 of 1906 Type Description Attachment Bid Extensions and Piggy-Backs under $100,000 Attachment Renewal Interest Letter ® Mullings Services Inc 2021®2022 Attachment Renewal I nerest Letter ® Odum Sod I nc. 2021® 2022 D Attachment Renewal Interest Letter ® Sunset Sod Inc. 2021® 2022 Attachment Renewal Interest Letter ® Gentile Olas Holloway O'Mahoney Associates® 2021®2022 Renewal Interest Letter ® Baxter Woodman Inc. D Attachment formerly Mathews Consulting a Baxter and Woodman Company D Attachment Renewal Interest Letter ®Alexis Knight Architects, Inc. ® 2021®2022 Attachment Renewal Interest Letter ® Carollo Engineering, Inc. 2021®2022 D Attachment Renewal Interest Letter ® CH2M Hill Engineers, Inc. ® 2021®2022 Attachment Renewal Interest Letter - West Architecture + Design, LLC ® 2021®2022 Renewal ® HACH Company Piggy-Back Palm D Attachment Beach County Contract# SS 150946/CC ® 2021® 2022 D Attachment Renewal Interest Letter ®ACOM Technical Services, Inc. ® 2021®2022 Attachment Renewal Interest Letter ® Kimley®Horn Associates, Inc. ® 2021®2022 D Attachment Renewal Interest Letter ® CDM Smith, Inc. 2021®2022 Attachment Renewal Interest Letter ® Olobaltech, Inc. ®2021® 2022 D Attachment Renewal Interest Letter ® IFLSC LLC 2021 ® 2024 Page 68 of 1906 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS August 3, 2021 REQUESTING DEPARTMENT. Public Works DEPARTMENT CONTACT: Gary Dunmyer TERM: October 1, 2021 to September 30, 2022 SOURCE FOR PURCHASE: 033-2730-18/IT ACCOUNT NUMBER: 001-2730-5724698 VENDOR(S): Mullings Engineering Services, Inc.; Odums Sod, Inc.; Sunset Sod, Inc. ANNUAL ESTIMATED EXPENDITURE: As Needed— By Various Departments FY 18/19 $3,760.00 FY 19/20 $5,760.00 FY 20/21 $16,410.00 DESCRIPTION: On September 20, 2018 City Commission awarded Bid No 033-2730-18/IT for Sod and Sod Installation. It is for the purchase of sod and sod installation and is a Southeast Florida Governmental Purchasing Cooperative Bid with 24 additional municipalities participating in the bid and the City of Boynton Beach as lead agency. The bid was for one year with the option for three (3) one-year renewals. This request is for the third one-year renewal. REQUESTING DEPARTMENT. Utilities DEPARTMENT CONTACT: Joseph Paterniti TERM: August 20, 2021 to August 19, 2022 TERM: August 22, 2021 to August 21, 2022 TERM: September 7, 2021 to September 6, 2022 SOURCE FOR PURCHASE: 046-2821-17ITP ACCOUNT NUMBER: Various Accounts VENDOR(S):Gentile Glas Holloway O'Mahoney&Associates, Inc.; Alexis Knight Architects, Inc.; Carollo Engineering, Inc.; CH2M Hill Engineers, Inc.; West Architect + Design, LLC; Baxter&Woodman, Inc. (fka Mathews Consulting, a Baxter & Woodman Company; AECOM Technical Services; Kimley-Horn and Associates, Inc.; CDM Smith, Inc.; Globaltech, Inc.; Calvin, Giordano & Associates ANNUAL ESTIMATED EXPENDITURE:As Needed— By Various Departments DESCRIPTION: On August 7, 2018 authorized the City Manager to sign multiple agreements as a result of RFQ 046-2821-17/TP for General Consulting Services Resolution R18-103.The City of Boynton Beach solicited proposals for qualifications for General Consulting Services per Section 287.055, the Florida Statues, the Consultant's Competitive Negotiation Act(CCNA). The City established five (5) Categories Scope A-E and multiple firms were selected to satisfy the consultant engineering and architectural needs of the City. Globaltech, Inc. in accordance to Article 4— Payment of the Executed Contract Resolution R18-103; the vendor has requested to exercise its right to increase its Personnel Classification Rates following the All Urban Consumers Price Index (CPI-U) by approximately 3%. Staff recommends approval of the rate increase. REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Bryan Heller TERM: July 19, 2021— July 18, 2022 SOURCE FOR PURCHASE: SS1509461CC— Palm Beach County ACCOUNT NUMBER: 401-2811-536.49-17 =$20,000 401-2811-536.52-75 = $15,000 401-2819-536.52-75 = $15,000 VENDOR(S): Hach Company ANNUAL ESTIMATED EXPENDITURE: $50,000 FY 18/19 $6,604.79 FY 19/20 $94,141.02 FY 20/21 $14,673.59 DESCRIPTION: On June 6, 2020, City Commission authorized the use to piggy-back off of Palm Beach County Sole Source Contract #SS150946/CC. Approve the renewal for the utilization of the Palm Beach County Contract for the purchase of equipment that will aid with monitoring disinfectant levels, Instrumentation Products, OEM Parts, Preventive Maintenance and Repairs. Renew the contract for the one-year renewal option July 19, 2021 — July 18, 2022. REQUESTING DEPARTMENT: Finance DEPARTMENT CONTACT: Mara Frederiksen TERM: August 7, 2021— August 6, 2024 SOURCE FOR PURCHASE: 033-2730-1811T ACCOUNT NUMBER: Revenue Generating VENDOR(S): FLSC, LLC d/b/a Florida Textile Recycling Programs ANNUAL ESTIMATED: Revenue Generating DESCRIPTION: On July 17, 2018, City Commission authorized the City Manager 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- 121018/IT for an initial three (3)year terms with an option to renew for an additional three(3) year term, if deemed in the City's best interest. Renew the contract for the additional three (3) year term August 7, 2021 —August 6, 2024. The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 7, 2021 Mullings Engineering Services, Inc. Attn: Sheldon Mullings, President 6289 W. Sunrise Boulevard, #122 Sunrise, Florida 33313 VIA EMAIL TRANSMITTAL TO: mullinasengp_hotmail.com BID.: SOD AND SOD INSTALLATION (ANNUAL CONTRACT) BID No.: No. 033-2730-18/IT CURRENT BID TERM: OCTOBER 1, 2020— SEPTEMBER 30, 2021 Dear Mr. Mullings: The current bid term for "SOD AND SOD INSTALLATION (SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE AGREEMENT)" expires September 30, 2021. The agreement documents allow for three(3)additional one(1)year extensions.The City of Boynton Beach have been very happy with Mullings Engineering Services, Inc. services and would like to extend the agreement for its 3nd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttp_bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, %Wm" Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 71 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 7, 2021 BID: SOD AND SOD INSTALLATION (ANNUAL CONTRACT) BID No.: 033-2730-18/IT Agreement between the City of Boynton Beach and MULLINGS ENGINEERING SERVICES, INC. AGREEMENT RENEWAL TERM: OCTOBER 1, 2021— SEPTEMBER 30, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) MULLING ENGINEERING SERVICES, INC. NAME OF COMPANY SIGNATURE Sheldon Mullings President NAME OF REPRESENTATIVE TITLE (please print) 07/08/2021 954-583-2441 DATE (AREA CODE)TELEPHONE NUMBER mullingseng@hotmail.com E-MAIL America's Gateway to the Gulf Stream Page 72 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.Q. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 7, 2021 Odum's Sod, Inc. Attn: Warren Scott, President 13961 Okeechobee Blvd. Loxahatchee, Florida 33470 VIA EMAIL TRANSMITTAL TO: odumssod a,yahoo.com BID.: SOD AND SOD INSTALLATION (ANNUAL CONTRACT) BID No.: No. 033-2730-18/IT CURRENT BID TERM: OCTOBER 1, 2020—SEPTEMBER 30, 2021 Dear Mr. Scott: The current bid term for "SOD AND SOD INSTALLATION (SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE AGREEMENT)" expires September 30, 2021. The agreement documents allow for three(3)additional one(1)year extensions.The City of Boynton Beach have been very happy with Odum's Sod, Inc. services and would like to extend the agreement for its WO renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to praktt(-bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at(561) 742-6308, Sincerely, ITIOW awau" Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 73 of 1906 k pt I The City of Boynton Bench FlnancelProcurement Services 100 F. Ocean Avenue f Boynton Beach, FL 33435 P.O. Bax 310 Boynton Bench, Florida 33425-0310 Telephone No {561) 742-6310 ,July 7, 2021 BID: SOD AND SOD INSTALLATION (ANNUAL CONTRACT) SID No.: 033-2730>181IT Agreement between the City of Boynton Beach and ODUM'S SOD, INC. AGREEMENT RENEWAL.TERM: OCTOBER 1, 2021— SEPTEMBER 30, 2022 V Yes I agree to renew the existing g st g agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) i ODUM'S SOD, INC. NAME OF COMPANY ST6N RE 1t i aencfeA) monw, Or NAME OF REPRESENTATIVE TITLE IJ (please print) DATE (AREA CODE)TELEPHONE NUMBER � t00 M . E-MAIL i i i i America's Gateway to the Gulf Stream Page 74 of 1906 The City of Boynton Beach. Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.D. Box310 Boynton Beach, Florida 33425-0310 Telephone No:1561)742-6310 July 7, 2021 BID: SOD AND SOD INSTALLATION (ANNUAL CONTRACT) BID No.: 033-2730-181IT Agreement between the City of Boynton Beach and SUNSET SOD, INC. AGREEMENT RENEWAL TERM: OCTOBER 1, 2021—SEPTEMBER 30, 2022 /Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) SUNSET SOD, INC. NAME OF COMPANY SIG TURF VimncL UW c CAV)a NAME OF REPRESENTATIVE TITLE (please print) /CA j 2-1 31751 ,2-z5-�>- 2-co"2... DATE (AREA CODE)TELEPHONE NUMBER . 0_�()hCkSU +S( . u)rn E-MAIL America's Gateway to the Gulf Stream Page 75 of 1906 The Ctty o Boynton Beach. FinancejProcurement Services 100 E.Ocean Avenue , Boynton Beach,FL 33435 A.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 July 7, 2021 BID: GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) BID No.: RFQ 046-2821-17rTP Agreement between the City of Boynton Beach and GENTILE ELAS HOLLOWAY O'MAHONEY& ASSOCIATES, INC. AGREEMENT RENEWAL TERM: AUGUST 20, 2021—AUGUST 19, 2022 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term, No, I do not wish to renew the bid for the following reason(s) GENTILE ELAS HOLLOWAY O'MAHONEY &ASSOCIATES, INC. e! NAME OF COMPANY SIGNATURE r 6 cj�4 3� ! � NAME OFR PF ES NTATI E TITLE (please print) D (AREA CODE)TELEPHONE NUMBER d 4 E-MAIL America's Gateway to the Gulf Stream Page 76 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach,FL 33435 P.O. Box 310 + Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 July 7, 2021 BID: GENERAL CONSULTING SERVICES SCOPE D(Transportation Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and BAXTER&WOODMAN, INC. (fka Mathews Consulting, a Baxter&Woodman Company) AGREEMENT RENEWAL TERM: AUGUST 20, 2029—AUGUST 99, 2022 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) BAXTER AND WOODMAN, INC. NAME OF COMPANY SIGNATURE Rebecca Travis Executive Vice President NAME OF REPRESENTATIVE TITLE (please print) (561)425-7715 DATE (AREA CODE)TELEPHONE NUMBER rtravis@baxterwoodman.com E-MAIL America's Gateway to the Gulf Stream Page 77 of 1906 ryit•. "r �) 4 1 so,,' s tri ; V• €F >? 4 �; �#It, rx.i;4 is 1 z, r., .. 1 +• ,U,. # July 25th, 2019 BUSINESS NAME CHANGE ANNOUNCEMENT Baxter&Woodman, Inc. and Mathews Consulting merged in July 2016. Since that time,we have doubled our Florida staff, added additional engineering expertise, and opened a Fort Lauderdale office to serve clients. We have worked hard to become one team/one firm,while still providing the personal, responsive service you deserve. Beginning August 1,2019,we will formally change the business name from athes Consulting,a Baxter&Woodman company to T,Baxter&Wogdman,_Inc. We are excited to move forward under a single name and purpose—providing our clients with exceptional planning, design, construction and technology services for water, wastewater,storm water and transportation facilities! We look forward to the opportunity to serve you. Sincerely, BAXTER&WOODMAN, INC. BAXTER&WOODMAN, INC. CONSULTING ENGINEERS CONSULTING ENGINEERS John V. Ambrose, PE Rebecca Travis, PE, ENV SP President/CEO Vice President/Florida Division Manager Page 78 of 1906 DIVISION of CORPORA7riONS P rg Department of State / Division of Qorporations / Search Records / Search by EntityMame / Detail by Entity Name Foreign Profit Corporation BAXTER&WOODMAN, INC. Filing Information Document Number F16000002059 FEI/EIN Number 36-2845242 Date Filed 05/02/2016 State IL Status ACTIVE Last Event AMENDMENT Event Date Filed 08/16/2016 Event Effective Date NONE Principal Address 8678 RIDGEFIELD ROAD CRYSTAL LAKE, IL 60012 Mailing Address 8678 RIDGEFIELD ROAD CRYSTAL LAKE, IL 60012 Registered Agent Name&Address AMBROSE,JOHN V 477 S ROSEMARY AVENUE SUITE 330 WEST PALM BEACH, FL 33401-5798 Officer/Director Detail Name&Address Title CHAIRMAN/CEO AMBROSE,JOHN V 7300 BRAE COURT GURNEE, IL 60031 Title VC,VP,Treasurer HAUSSMANN, LOUIS D 104 S. OAK STREET CRYSTAL LAKE, IL 60014 Title DIRECTOR/VICE PRESIDENT Page 79 of 1906 WOLD, DEREK J 842 Chancellor Court Naperville, IL 60540 Title DIRECTOR,SECRETARY,VICE PRESIDENT FINN, DEBORAH 8700 SHADE TREE CIRCLE LAKEWOOD, IL 60014 Title DEPUTY SECRETARY BIANCHIN,ANTHONY E 300 WARWICK LANE LAKE IN THE HILLS, IL 60156 Title VP MATTHEWS, DAVID L 202 PALMETTO LANE WEST PALM BEACH, FL 33305 Title DEPUTY SECRETARY,VP Travis, Rebecca Mary 4880 Gateway Gardens Drive Boynton Beach, FL 33436 Title DEPUTY SECRETARY,VP Cutler,Aaron 1 3868 Lake Tahoe Circle West Palm Beach, FL 33409 Title Deputy Secretary Dachsteiner, Mark L 5000 North Ocean Boulevard 1402 Lauderdale by the Sea, FL 33308 Title Deputy Secretary Scott, Kyle 4024 Rapids Court Orlando, FL 32822 Title VP, DEPUTY SECRETARY Cassagnol, Claude L 98 South Semoran Blvd Orlando, FL 32807-3229 Page 80 of 1906 Annual Reports Report Year Filed Date 2019 01/02/2019 2020 01/15/2020 2021 01/28/2021 Document lmagp& 01128/2021 ANNUAL REPORT View image in PDF format 01115/2020 ANNUAL REPORT View image in PDF format 11113L2Q19 AMENDED ANNUAL REPQRT View image in PDF format 0110212019 ANNUAL REPORT View image in PDF format 05/1712018 AMENDED ANNUAL REPORT view image in PDF format 01104/2018 ANNUAL REPORT View image in PDF format 01111L2017--ANNUAL REPQRT View image in PDF format 08/16/2016 Amendment View image in PDF format 05/0212016 Foreign Profit ........view image in PDF format id Page 81 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 * - Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 7, 2021 Alexis Knight Architects, Inc. Attn: Steven W. Knight 100 NE 61h Street Suite 102 Boynton Beach, FL 33435 VIA EMAIL TRANSMITTAL TO: sknightp_akarchitectsinc.com RFQ: 046-2821-17/TP-GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) CURRENT AGREEMENT TERM: AUGUST 22, 2020—AUGUST 21, 2021 Dear Mr. Knight: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPE E" expires August 21, 2021. The agreement documents allow for three(3)additional one(1)year extensions.The City of Boynton Beach have been very happy with Alexis Knight Architects, Inc. services and would like to extend the agreement for its 2nd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttp_bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, r r Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 82 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 * - Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 7, 2021 BID: GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and ALEXIS KNIGHT ARCHITECTS, INC. AGREEMENT RENEWAL TERM: AUGUST 22, 2021—AUGUST 21, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) ' ._ ALEXIS KNIGHT ARCHITECTS, INC. 00 NAME OF COMPANY SIGNATURE, �F Steven W. Knight President NAME OF REPRESENTATIVE TITLE (please print) July 12, 2021 561 3749242 DATE (AREA CODE)TELEPHONE NUMBER sknight@akarchitectsinc.com E-MAIL America's Gateway to the Gulf Stream Page 83 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 7, 2021 Carollo Engineering, Inc. Elizabeth Fujikawa, P.E. 2056 Vista Parkway Suite 400 West Palm Beach, FL 33411 VIA EMAIL TRANSMITTAL TO: efuiikawap_carollo.com RFQ:046-2821-17/TP -GENERAL CONSULTING SERVICES SCOPE A(Water Plant Modifications, Capacity &Operational Evaluation) SCOPE B (Infrastructure Improvements & Evaluations) SCOPE C (Ancillary Studies and Services) CURRENT AGREEMENT TERM: AUGUST 22, 2020—AUGUST 21, 2021 Dear Ms. Fujikawa: The current agreement term for"GENERAL CONSULTANT SERVICES—SCOPES A, B, AND C' expires August 21, 2021. The agreement documents allow for three(3)additional one(1)year extensions.The City of Boynton Beach have been very happy with Carollo Engineering, Inc. services and would like to extend the agreement for its 2nd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttp_bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, %Wm" Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 84 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 7, 2021 BID: GENERAL CONSULTING SERVICES SCOPE A(Water Plant Modifications, Capacity &Operational Evaluation) SCOPE B (Infrastructure Improvements & Evaluations) SCOPE C (Ancillary Studies and Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and CAROLLO ENGINEERING, INC. AGREEMENT RENEWAL TERM: AUGUST 22, 2021—AUGUST 21, 2022 _X_ Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) CAROLLO ENGINEERING, INC. Elizabeth Digitally signed by Elizabeth Fujikawa NAME OF COMPANY Fujikawa Date:06-04'7.07 21:01:06-04'00' SIGNATURE _Elizabeth Fujikawa _Vice President NAME OF REPRESENTATIVE TITLE (please print) _7/7/2021 _561.868.6400 DATE (AREA CODE)TELEPHONE NUMBER efujikawa@carollo.com E-MAIL America's Gateway to the Gulf Stream Page 85 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 7, 2021 CH2M Hill Engineers, Inc. Attn: Mario Loaiza, Sirpa Hall 550 W. Cypress Creek Rd. Fort Lauderdale, FL 33309 VIA EMAIL TRANSMITTAL TO: Mario.Loaizagj acob s.com ; Sirpa.Hall jacobs.com RFQ: 046-2821-17/TP -GENERAL CONSULTING SERVICES SCOPE A(Water Plant Modifications, Capacity, and Operational Evaluation) CURRENT AGREEMENT TERM: AUGUST 22, 2020—AUGUST 21, 2021 Dear Mario Loaiza/Sirpa Hall: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPE A" expires August 21, 2021. The agreement documents allow for three(3)additional one(1)year extensions.The City of Boynton Beach have been very happy with CH2M Hill Engineers, Inc. services and would like to extend the agreement for its 2nd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttp_bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, In" aa." Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 86 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 7, 2021 BID: GENERAL CONSULTING SERVICES SCOPE A(Water Plant Modifications, Capacity, and Operational Evaluation) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and CH2M Hill ENGINEERS, INC. AGREEMENT RENEWAL TERM: AUGUST 22, 2021—AUGUST 21, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) CH2M HILL ENGINEERS, INC. NAME OF COMPANY SIGNATURE Sirpa H Hall Manager of Projects NAME OF REPRESENTATIVE TITLE (please print) 7/8/2021 954-299-8577 DATE (AREA CODE)TELEPHONE NUMBER sirpa.hall@jacobs.com E-MAIL America's Gateway to the Gulf Stream Page 87 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.D. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:f561)742-5310 July 7, 2021 West Architecture+ Design, LLC Attn: Martha Morgan /Peter Ganci 820 N.4i"Street Lantana, FL 33462 VIA EMAIL TRANSMITTAL TO: mamorgan .westconstructioninc.net ; PGancicr�west -a rch.com RFQ: 046-2821-17/TP-GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) CURRENT AGREEMENT TERM: AUGUST 22, 2020—AUGUST 21, 2021 Dear Ms. Morgan/Mr. Ganci: The current agreement term for"GENERAL CONSULTANT SERVICES —SCOPE E" expires August 21, 2021. The agreement documents allow for three(3)additional one(1)year extensions.The City of Boynton Beach have been very happy with West Architecture + Design, LLC services and would like to extend the agreement for its 2nd renewal for an additional one-year period with the same terms,conditions,and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt(d)bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at(561)7426308. Sincerely, I*k.L Mara Frederiksen Director of Financial Services tp .America's Gateway to the Gulf Stream Page 88 of 1906 The Cihj of Boynton Beach Finance/Procurement Services 1010 E. Ocean Avenue Boynton Beach, FL 33435 r P.O.Box 3301 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 July 7, 2021 BID: GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) BID No.: RFQ 046-2821-171TP Agreement between the City of Boynton Beach and WEST ARCHITECTURE+ DESIGN, LLC AGREEMENT RENEWAL TERM: AUGUST"22, 2021—AUGUST 21, 2022 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) WEST ARCHITECTURE + DESIGN, LLC NAME OF COMPANY S GNATURE NAME OF REPRESENTATIVE TI L (please print) -7/b/24 51T6 S , 70 70 DATE I I (AREA CODE)TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 89 of 1906 NQU OR19 Form L Purchasing Department July 13, 2021 50 South Military Trail,Suite 110 West Palin Beach,FL 33415-3199 (561)616-6800 Hach Company d/b/a Hach FAX:(561)242-6744 Raymond Ruth, Service Director www.pbcgov.cotiill)us-cliasiri,q 5600 Lindbergh Drive Loveland, CO 80538 TERM CONTRACT#SS150946B 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 HACH COMPANY, Board of County INSTRUMENTATION PRODUCTS,OEM PARTS, PREVENTATIVE MAINTENANCE AND Commissioners REPAIRS based on: Dave Kerner,Mayor 1XI RENEWAL OF CONTRACT based on SOLICITATION #SS150946/CC in Robert S.Weinroth,Vice Mayor accordance with all original terms, conditions, specifications and prices with no deviation. Vendor shall notify Purchasing immediately if the sole source Maria G. Marino status changes. Gregg K.Weiss The term of this contract is 07/1912021 through 07/18/2022,and has an estimated dollar Maria Sachs value of$840,000.00. Melissa McKinlay If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire term of the contract, including any renewals or extensions thereof. Mack Bernard County User Departments will issue individual"Delivery Orders"against this contract 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 680 XY030305000000001 111). A copy of the invoice may be sent to the County User County Administrator Department. Invoices submitted on carbon paper shall not be accepted. In order for Verdenia C.Baker the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be accessed at https://Pbcvssp.co,palm-beach,fl.us/webapp/vssp/AltSelfService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Staci Machado, Buyer at smachado@pbegov.org. Sincerely, Kathleen M. arleft Director "An Equal Opporrunify 1Sffirmarille Action Eniployer c: Vernetha Green, Water Utilities File 6* printed on sustainable 1 and recycled paper Page 90 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561) 742-6310 July 2, 2021 BID: GENERAL CONSULTING SERVICES BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and AECOM TECHNICAL SERVICES, INC. AGREEMENT RENEWAL TERM: SEPTEMBER 7, 2021—SEPTEMBER 6, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) AECOM TECHNICAL SERVICES, INC. NAME OF COMPANY SIGNATURE Karen Brandon, P.E. Associate Vice President NAME OF REPRESENTATIVE TITLE (please print) 561-515-3907 July 12, 2021 DATE (AREA CODE)TELEPHONE NUMBER karen.brandon@aecom.com E-MAIL America's Gateway to the Gulf Stream Page 91 of 1906 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 July 7, 2021 BID: GENERAL CONSULTING SERVICES SCOPE D (Transportation Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and KIMLEY-HORN AND ASSOCIATES, INC. AGREEMENT RENEWAL TERM: AUGUST 20, 2021-AUGUST 19, 2022 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) KIMLEY-HORN AND ASSOCIATES, INC. A'A"A NAME OF COMPANY SIGNATURE MAIZklA,J mtArLelf ay . V" 1�(C5T4Gw NAME OF REPRESENTATIVE TITLE (please print) 7-- I cj - 2y �� Co( ) g q c> DATE (AREA CODE) TELEPHONE NUMBER MgYW o r) , bn ut T / 1 P E-MAIL Page 92 of 1906 America's Gateway to the Gulf Stream The City o Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 . P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 July 7, 2021 BID: GENERAL CONSULTING SERVICES SCOPE B(Infrastructure Improvements& Evaluations) SCOPE C (Ancillary Studies & Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and CBM SMITH, INC. AGREEMENT RENEWAL TERM: AUGUST 20, 2021–AUGUST 19, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) CDM SMITH, INC. i NAME OF COMPANY SIGNA URE l Lcd NAME OF REPRESENTATIVE TITLE (please print) 12-012-02-1 t� - DATE —� (AREA CODE)TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 93 of 1906 The City of Bo u nton Beach Finance/Procurement Services 100 E.Ocean Avenue Boynton Beach,FL 33435 P.O.Bax 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 July 7, 2021 BID: GENERAL CONSULTING SERVICES SCOPE A(Water Plant Modifications, Capacity,and Operational Evaluation) SCOPE C(Ancillary Studies&Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and GLOBALTECH,INC. AGREEMENT RENEWAL TERM: SEPTEMBER 7, 2021—SEPTEMBER 6, 2022 Yes, I agree to renew the existing agreement under the same terms, conditions, and ieimg for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) GLOBALTECH, INC. NAME OF COMPANY SIGNATURE VQS ide�� " t t NAME 04'REPRESENTATIVE TITLE (please print) (5 - I ) q-d33 �. DATE (AREA CODE)TELEPHONE NUMBER E-MAIL ' [ 6 tJCs'v6A America's Gateway to the Gulf Stream Page 94 of 1906 i The City of Boynton Beach F[hance/Procurement Services 100 E.Ocean Avenue Boynton Beach,Ft 33435 P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 I t July 7, 2021 Globaltech, Inc. Attn: Rick Olson 6001 Broken Sound Parkway NW Suite 610 Boca Raton, FL 33487 I VIA EMAIL TRANSMITTAL TO: rolson2globaltechDB_com I RFQ:046-2829-171TP-GENERAL CONSULTING SERVICES SCOPE A(Water Plant Modifications, Capacity,and Operational Evaluation) SCOPE C (Ancillary Studies&Services) j CURRENT AGREEMENT TERM: SEPTEMBER 7, 2020—SEPTEMBER 6, 2021 I I Dear Mr. Olson: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPES A AND C' expires September 6,2021. The agreement documents allow for three(3)additional one(1)year extensions.The City of Boynton Beach have been very happy with Globaltech, Inc. services and would like to extend the agreement for its 2111, renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttO-bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at(561)742-6308. Sincerely, 00 Mara Frederiksen Director of Financial Services tp f America's Gateway to the Gulf Stream Page 95 of 1906 Engineer 'Cowtractm, 6001 Broken Sound Pkwy NW,Suite 610 GLOBALTECH| Boca Raton, Florida 33487 A DESIGN SLJ|L[] COMFz44N\' Phone:(56z)997-e433/Fax:(so1)997-s811 wvmw.g|nbakechdb.com July l3, 2O2Dl Mr.Joseph Patmrniti, P.E. Director ofUtilities City ofBoynton Beach Utilities Department I24E. VVoo|brightRoad Boynton Beach, FL 33435 Dear Mr. Patern|t( 0PQ; Q46-2821-17/TP General Consulting Services Scope(Water PUmm% Modifications, Capacity and Operational Evaluation) Scope (Ancillary Studies &Services) On July 7,2021,we received a letter from Mara Frederiksen(Director of Financial Services) requesting our interest in extending our contract with the City of Boynton Beach (City)for second, one-year renewal. VVeappreciate the opportunity to continue our relationship with the City and are very interested in extending our Contract. Our original Contract with the City was authorized in September 2018. Per Article 4—Payment,our billing rates were to remain fixed for the initial two years of the contract and then were subject to adjustment if increases occur inthe Engineering industry. Further,any requested changes should bereflected inthe All Urban Consumers Price Index (CPI-U) issued by the Bureau of Labor Statistics (currently reflecting a 4.1% increase from April 2DJOtoApril 3031 in the Miami/Ft. Lauderdale/West Palm Beach market). Based on these criteria, we would like to request that the City consider u reasonable average increase to our billing rates ofapproximately 396. VVmrecognize the financial pressures that the City|sunder and donot take this request lightly. Attached with this request is atable summarizing our current and proposed billing rates. In addition,we are also including a copy of the CPI-U that supports this requested inonmmom. Thank you very much for your consideration and for extending our relationship with the City of Boynton Beach. Very truly yours, Rick Olson, P.E. Director ofClient Services Cc Tana|ynPratt,Contract Administrator/City ofBoynton Beach Paul Gandy/G|uba|tech Rebecca Thomas/6|obm|tmch Page 1of1 Page 96Of1906 Globaltech Inc. Proposed Billing Rates RFQ 046-2821-17/TP-General Consulting Services Current Proposed Percentage Hourly Rate Hourly Bate Increase .- Principal $ 220.00 $ 225.00 2.27°'0 Project Manager $ 210.00 $ 215.00 2.38% e.. —n'e — -------- Senior�. Engineer $ 190.00 $ 195.00 2.63% Process Engineer $ 130.00 $ 135.00 3.85% Senior Electrical En ineer $ 185.00 $ 190.00 2.70% Electrical Engineer $ 130.00 $ 135.00 3.85% Process Control/Instrumentation EnVineer $ 185.00 $ 190.00 Senior Mechanical Engineer $ 190.00 $ 195.00 2.63% Mechanical Engineer $ 130.00 $ 135.00 Eniineer $ 160.00 $ 165.00 3.13% Designer $ 160.00 $ 165.00 3.13% GIS Specialist CADD/Technician $ 110.00 $ 114.00 3.64% Public Relations Specialist t Construction Ins.,,ector $ 130.00 $ 135.00 1 3.85% i w3 Senior Rate Analyst „o Clerical/Adminstrative $ 65.00 $ 67.50 r 3.85% Subconultant Markun 10% 10% Page 97 of 1906 -4- U.S.BUR FAU OF LABOR STATISTICS Economic News Release cP1 Psnw: Table 4. Consumer Price Index for All Urban Consumers (CPI-U): Selected areas, all items index Table 4.Consumer Price Index for All Urban Consumers(C -U):Selected areas,all ftems indw4 May 2021 [1982-84=100,unless otherwise noted] Percent change to May 2021 from: Percent change to Apr.2021 from: Pricing May Mar. Apr. Apr. Feb. Mar. Area Schedule U% 2020__._. 2021 2021._ 2020 2021 2021 U:k dty average im 5.01 1.6' 13.13 4.2 1.51 Region and area.slzeW Northeast :M 0.7 -ka-ftheast 3.4! 1.2 0.5, 3.0 Northeast-Size Class BICIA) M 4.5 1.4! 0.7 3.7 1.71 0.8 ;M 3.6, 0.8' 0.3 2.7 New England(M 1.5i Middle Athintic(O M 4.0 1.5 0.7 3.5 1.31 0.81 Midwefft 5.6 1.8 1.0, 4.9 1.5 O.S. Midwest-size Class A M S.O. 1.6 0.61 4.7 1.61 0.8.! Wirdwest-Size Class aICOM) 6.0 1.8 1.1 5.1 1.510. East North centrall(l) M 5.5 1.8 1.0 4.91.5 0.8 West North Cantralffl M 5.9 1.8 1.0 5.0 1.6; 0.7 ..............------- jj6 . uth 0.8 4.4` 1.5 0.7 South-Size Class A 5.2 _.1.5 0.8 4.2 1..4" -0.7: -Slm Class B/CQ3) M 5.8 1A 0.8 4.6L 1.6' 0.8:: SouthAtlas M 5.2 1.4 0.7 4.2 1.4: 0.7 East South CentralO Iv, 7.0 1.9 1.1 5.7 1.9 0.8 I—.................... West South lM M 5.5 1.7 0.9 4.3 1.6 0.7 1w 41 1'8 0.8 3.9 Size Class A M 4.1 1.6 6.6 West-Ske Class B102) M 5.4 2.2 1.0 3.9 5.2 2.4 1.1 PadffcM M 4.5 1.6 0.7 3.8 1.6 0.9: Size CIO Size Class AID M 4.4 1.5 0.7 Size Claw B/Cia) M 5.5. 1.8 0.9 4._4 1.6] 0.9 SeIWW local areas M 4.7 2.0 1.0 4.6 Los Angeles-Long Beach-Anahelm,CA M 1-9 -j- 0.6 3.61 ke_�York-Newark-Jarmy City,NY-NI-PA M 3.2 1.2:: 0.5--3,2 I.V. n9_5_-Rosww II_U 2 6.0- T.g; Bardmare-Columble-Towsoo,MUM 2 2.9 ..Detroit-Wanvo-Dearborn, 1.7 Hou n- lands-Sugar Land,ii Z 4.5 1"O' Miami-Fort:iiu-derdale-West PalmBeach,FL �2 4.1 Phrlade[ PA-HI-DE-ND 2 3.5 12� Phoenix-Mese-Soottsdale,AZ(Z) ii2 4,9i 2.4: S�-n'i�a-ndsoo-Oakiiii�-Hayward' CA 2 3* E7 SaiRWTacoma-Bellevue,WA 2 3.4 1.1. St.Louis,k&71-L e2 5.4' Urban Alai-kit 2 4.8 Boston-Camixidg"awbon,KA-NH .j 3.2 0.8! Dallas-Fort Worth-AdIngton,TX ii 63: "i)enver-Aurora-Lakewoud®CO :1 Min neapolis-St.Paul-BI oomington,MN-iii U 4.61 1.4i Rlverside:i;n BernaTtfino-Ontario,CAW .1 5.9 2.0 San Diego-Carlisbad,CA 5.3: 0.7 Footnotes MFoDds,fuels,and several other items are priced every month in all areas.Most other goods and services are priced as indicated:M-Every month.I January,March, May,July,September,and November.2-February,April,June,August;October,and December. ,Z)_Reglor,s defined as the four Census regions. Qjndexes on a December 1996=100 base. N-Indexes on a December 2017=100 base. , 0111ndexes on a December 1986=100 base. ,01998-2017 Indexes based on substantially smaller sample. L7)_Indexes on a December 20131=100 base. X[ndexes an a 1987=100 base. NOTE:Local area Indexes are byproducts of the national CK program.Each local index has a smaller sample size than the national Index and Is,therefore,subject to 'substantially more sampling and other measurement error.As a result,local area indexes show greater volatility than the national Index,although their long-term tends are similar.Therefore,the Bureau of Labor Statistics strongly uW users to consider adopting the national average CH for use In their escalator clauses. Page 98 of 1906 Percent change to May 2021 from. Percent change to Apr.2021 from: Pricing May Mar. Apr. Apr. Feb. Mar. Area Scheduiefil 2020 2021 2021 2020 2021 2021 Tampa St.Petersburg-Clearwater,FUN) 1 64 1.0 Urban Hawaii 1 3.8 2.1 Washfngten-Arlington-Alexandria,DC-VA-MD-WV@) 1 3.8 1.3 Footnotes MFoods,fuels,and several other items are priced every month in all areas.Most other goods and services are priced as Indicated:M-Every month.1-January,March, May,July,September,and November.2-February,April,June,August October,and December. (aReglons de0ned as the four Census regions. MIndexes on a December 1996w100 base. MIndexes on a December 2017=100 base. UJIndexes an a December 1986=100 base. x1998-2017 Indexes based on substantially smaller sample. I Indexes on a December 2001=100 base. faIndexes on a 1987=100 base. NOTE:Local area indexes are byproducts of the national CPI program.Each local index has a smaller sample size than the national Index and Is,therefore,subject to substantially more sampling and other measurement error.As a result,local area Indexes show greater volatility than the national index,although their long-tens trends are similar.Therefore,the Bureau of Labor Statistics strongly urges users to consider adopting the national average CPI for use In their escalator clauses. Table of Contents Last Modified Data.June 10,2021 U.S.BUREAU OF LABOR STATISTICS Division of Consumer Prices and Price Indexes Suite 3130 2 Massachusetts Avenue NE Washington,DC 20212- 0001 Telephone:1-202-691-7000 !A w bls.govICK Contact CPI Page 99 of 1906 SURIMU GE LABOR STMISTICS Econorrl�c News Release CPI, PFUW: Table 4. Consumer Price Index for All Urban Consumers (CPI-U): Selected areas, all items index Table 4.Consumer Price Index for All Urban Consumers(CPI-U).,Selected areas,all Items index,June 2021 [1982-84=100,unless otherwise noted] Percent change to Jan.2021 from: percent change to May 2021 from: pricling Jun. Apr. May Mav Mar. Apr. Area ScheduleW 2020 2021 2021 2020 2021 2021 U.-si-aiv average M 5.4: 1.7 1.6 Region and area sl (23 Northeast M 4.6 11 1.0 3.9 L3 0.-61 M 4X 1.5 1.01 3.4 Northeast-SI Class 61CU) M 5.11 1.7 1.01 4.5 1.4 0.7 Now EnglandUl M 4.0! 1.1 0.8 3.6 0.8 0.3 Middle AtlanticM M 4.81 1.8 1.1 4.0 1.5 BY Fd1; M -5.8; io 1.0 5.6 1.8 1.0 R&;eii-Size Claw A M 5.1., 1-7' 0.91 5.0 1.6 Midwest-Size Clam 131=3 M 6.1, 2A, 1.0 6.0' lx� TAI East North central(D IM 5.51 1.9 0.9�-5.5 1.8 1.0 West North Cantral(d) M 6Z 2.2 1.2 519 1.8 1'0 M S.& 1.7 0.4 5.6 1.6 0.8 _-i F20 chiii i M 5.4 1.6 0.7 5.2'-1.5 ul South-Size Chiss BIC(2) IM 6.1 1.8 110 16 F8 South AtIantildJ) M 5.6 1.6 0.9 5.2 1.4' 0.7 End South CentralM M 7.3 2.1 0.4- 7.0 1.9 1.1 West South Cantral(Q M 5.8 1.8 018 5.5 1.7 0.9� West IM 5.1 1.7 0.91 4.7 -1.8 0.8 West-Size Class A 1M 4.4 1.4 0-8 4.1 11' 0.6 West-Size Claw B/C(2) W 6,0 2.0 1.01 5.4 2.2' -01 Mountaln(V M 5.1 1.8 0-1 5.2 2.4' Pacffidi) M 5.2 1.6 0.9, 4.5 1.6 -0.7' iiw�lassm Size Class AM M 4.7 1.5 0.8; 4.4 1.5 0. St..Cla�-Ii/Cib 7: M 5# 1.9 1.0: 5.5 1.8 0.91 Selected locala a areas CW1Zjj;:Waper;iII.j4 gin,R-fW4.71-Wi M 14 0.4 4.7 2.0 1.0 - � - Los Angeles-Long Beach-AnaheIrn,CA 1; ic 19- 11 -�6' 1.2 .6 New York-Newark-Jersey City,NY- J P M 4.11 I's 1.0 3.2 1.2' Ada -ii.4Springs- eii,F.A 2 Baldmore-Columbla-Towson,MOM 12 4.51 1.1 BWthuit-Warren-Dearborn,ki 2 5.4 1.7 Houston-The Woodlands-Sugar Land,TX 12 4.6: 1.2 Milarni-Fort Lauderdale-West Palm Beach,FL 2 5.1� 1.6 P h I li-di ph'ia'--C a-m de'-n--VA--Im-1-n-g-t-on,-P'A---N-3--0-'E---M D 2- 4.9, 1.9 Phoenix-Mesa-Scattsdale,AZUJ 12 5.4, 1.9 San Frandsoo-GaIdand-Ha yward,CA 2 3.21 0.0 Z-iacoma-Eellsvuk WA 2 5.5. 2.2' SL Louis,M0-1L 2 6.IL_2-.4i Urba-rl A- 2 6.2 2'5 3.221-0.8 .......... 6.31 3.2 2.1 kinn ea-poIIs-iE-P-au]-Bloomin gbon,Mi-WI 1 4.6! 1.4' Rivenilde-San Remairdino-Ontaflo,CAM) 5.9 2.0 n 1. 5.3 0.7 Footnotes (1112oods,fuels,and several other Items are priced every month in all areas.Most Merg s and services are priced as Indicated:M-Every month,I-January,March, May,My,September,and November.2-February,April,June,August ,and December. QlReglons defined as the four Census regions. Q)-Indexes an a December 1996=100 base. &LIndexes on a December 2017=100 base. I fajIndexes on a December 1986=100 base. f§L1998-2017 indexes based on substantially smaller sample. OLIndexes on a December 2001100 base, f?.)jndexes on a 1987=100 base. NOTE:Local area indexes are byproducts of the national CPI program.Each local Index has a smaller sample size than the national In and is,therefore,subject to substantially more sampling and other measurement error.As a result,local area indexes show greater volatility than the national index,although their long-term trends are similar.Therefore,the Bureau of Labor StabsUcs strongly urges users to consider adopting the national average CPI for use in their escalator ciao ses. Page 100 of $i2Q6 Percent change Jun.2021 m: Percent change to may 2021 : PricingJun. Apr. May May _Mar. Apr. Area uleft) 2020 2021 2021 2020 2021 2021 Tampa-Tampa-bt.Petersburg-Clearwater,FLU) i 6.2 1.0 Urban Havrall 1 3.8 2.1 Washington-Ading.ton-Alexandrfa,DC-V - D J 1 3.8 1.3 Footnotes 1 Foods,fuels,and several other Items are priced every month in all areas.Most other goods and services are priced as Indicated:M-Every month.1-January,March, May,July,September,and November.2-February,April,June,AugustOctober,and December. QLRegions defined as the four Census regions. Indexes on a December 1996=100 base. E,(fj_Indexes on a December 2017=100 base. E.&Lindexes on a December 1986=100 base. 1998-2017 indexes based on substandBily smaller sample. E{ }indexes an a December 2001=100 base. i Indexes an a 1987=100 base. NOTE,Local area indexes are byproducts of the national CP1 program.Each local Index has a smaller sample size than the national index and is,therefore,subject to substantially more sampling and other measurement error.As a result,local area Indexes show greater volatility than the national index,although their Icmg4Lrrn trends are similar.Therefore,the Bureau of Labor Statistics strongly urges users to consider adapting the national average CPI for use In their escalator clauses. Table of Contents Last Modified Date:July 13,2021 U.S. BUREAU OF LABOR STATISTICS division of Consumer Prices and Price Indexes Suite 3130 2 Massachusetts Avenue NE Washington,DC 20212- 0001 TLwephone.1-202-fs41-7000L ww. E,g J"LPI �w'+r Ii CK Page 101 of 106 Pratt, Tarain From: Paterniti,Joseph Jr. Sent: Thursday,July 15, 2021 5:25 PM To: Pratt,Taralyn Subject: FW: RFQ:046-2821-17/TP General Consulting Services Renewal Attachments: LT_JP_07-14-21-Proposed Globaltech Rate Increase.pdf; Renewal Agreement.pdf Good afternoon Taralyn, Hope you are doing well. I am okay with the increase as long as it is accordance with the contract terms outlined in the original agreement. Globaltech has performed well for the utility. Thank you Joe Joseph Paterniti, P.E. Utility Director Boynton Beach Utilities J City of Boynton Beach N 124 E. Woolbright Rd. I Boynton Beach, Florida 33435 - 561-742-6423 PaternitiJ@bbfl.us ��' http://www.boynton-beach.or / ercGateway to the Gulfstrearn Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Rick Olson<rolson@globaltechdb.com> Sent:Thursday,July 15, 202111:14 AM To: Paterniti,Joseph Jr. <PaternitiJ@bbfl.us> Cc: Pratt,Taralyn<prattt@bbfl.us>; Rebecca Thomas<RThomas@globaltechdb.com> Subject: RFQ:046-2821-17/TP General Consulting Services Renewal Good morning Joe, Last week we received an email from Taralyn Pratt asking Globaltech if we would be interested in renewing our General Consulting Services Agreement. Our answer is a resounding yes! We appreciate the confidence that the City has placed in us and look forward to continuing our relationship. At the time of our contract anniversary,we would also like to request that you review our billing rates. I have attached a letter summarizing our requested rate increase and have provided the Consumer Price Index for All Urban Consumers (CPI-U)for your review. Please call me if you have any questions. Thank you again for this continued opportunity. i Page 102 of 1906 Rick Olson, P.E. Director of Client Services GLOBALTECH rIESEGN R' ��kn C n- ,MPAN'Y 6001 Broken Sound Parkway NW,Suite 610 Boca Raton,Florida 33487 p:{561)997-6433 C:{954)647-9530 �1 WMMLL2h2Lu 11111- ,;,,-hdb,com Immo 0 in 2 Page 103 of 1906 The City of Boynton Beach FiricncelProcurement Services 100 E Ocean Avenue Boynton Beach, FL 33435 P,0, Fox 33 0 Boynton each, Norida 334,25-0310 relephone Not (561) 742,6310 July 19, 2021 Marc Douglas. Managirig Mernber FLSC, LLC. dibla FLORIDA Textile Recycling Prograrns 3911 SW 4717,Avenue Suite 903 Davie, Florida 33314 VIA EMAIL,TRANSMITTAL TO_ mqrc@LextiIQj.Lc) ,0 � A.Ewns r2nl RPF.: TEXTILE RECYCLING AND COLLECTION PROGRAM RFP No.: 009.1210-1WIT CURRENT AGREEMENT TERM: AUGUST 7, 2018—AUGUST 6„ 2021 Dear Mr. Douglas-, The current agreement term for "TEXTILE, RECYCLING AND COLLECTION PROGRAM" expires August 6, 2021. The agreement documents allow for one(1)additional three(3)year extension,The City of Boynton Beach would like to extend the agreement renewal for the additional three-year period with the same terms, conciftions, and pricing Please indicate your response on the following page and return it to Procurement Services via email to gratlO,'�JL fl us at your earliest convenience- If you should have any questJons, pteaSe do not hesitate to ,_—b contact Taralyn Pratt, ContraCt Administrator at(561) 742-6308. Sincerely, Mara Frederiksen Director of Financial Services 1p America's Gateway to the GOf Stream Page 104 of 1906 The City of Boynton Beach FinancelProcurernent Services, 100 E Ocean Avenue Boynton Beach, FL,33435 P.0. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 July 19, 2021 RFP.: TEXTILE RECYCLING AND COLLECTION PROGRAM RFP No.: 033-2730-18/IT Agreement between the City of Boynton Beach and FL C, LLC a Florida limited liability company, dibta Florida Textile Recycling Programs. AGREEMENT RENEWAL TERK� AUGUST 7, ,2021—AUGUST 6, 2024 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional three-year term, No, 1 do not wish to renew the bid for the following reason(s) FLSC, LLC;I D.B.A. FLORIDA TEXTILE RECYCLING PROGRAMS ME OF COMPANY #GNAMURE 110 z4 Ao- NAWOF REPRES15NITATIVE TITLE (please print) !�Y 7 _717 '2 5A—TE 1 42� 4(11A CODE)TELEPHONE NUMBER rj 1j(M, e4 0 0 1 E-MAIL America's Gateway to the Gulf Stream Page 105 of 1906 6.B. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-091 - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One Year Action Plan for fiscal year (FY) 2021, authorizing the City Manager's execution of the CDBG One Year Action Plan FY 2021. Explanation of Request: The City of Boynton Beach is in its 25th year as an entitlement community receiving Federal Grant funds. As a requirement of the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program and per 24 CFR Part 91 — Consolidated Submissions for Community Planning and Development Programs, the City of Boynton Beach ("City") is required to submit an Annual Action Plan. The Annual Action Plan is a component of the City's Five-Year Consolidated Plan for fiscal Year (FY) 2017-2021. The Annual Action Plan is an application for funding for the CDBG Program, which identifies activities that will be undertaken each program Year. For FY 2021, HUD's published allocation is $582,437. The aforementioned allocation is subject to HUD's approval of this Annual Action Plan. The City continues its focus on the primary objectives of Title 1 of the Housing and Community Development Act of 1974, as amended: • the provision of decent housing, • suitable living environments, and • the expansion of economic opportunities for its citizens (particularly low/moderate income persons). The City's CDBG Consolidated Annual Action Plan FY 2021 focuses on: • the preservation of existing housing stock, • providing affordable housing, and • other non-housing community development needs associated with the reduction of poverty. Proposals for this plan were received as a result of public advertisement including emails, phone calls, website, social media, radio, and letters sent out to various non-profit agencies in the community. Additionally, a hybrid workshop was held for the purpose of explaining the program, eligibility requirements, and public input. Proposals were reviewed by a committee to evaluate the operation, services and budget. The activities selected for funding are services that are beneficial to the community and are in accordance with the priorities established by the 2017-2021 Consolidated Plan. Adoption of this plan includes allocation of FY 2021 CDBG funds of $582,437 and the reprograming of FY 2020 CDBG program income of$40,990.10. 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. The agencies that are being funded will offer various forms of assistance that are considered public service. The agencies listed below submitted requests for funding to provide for staffing costs and other administrative cost related to the program. Page 106 of 1906 1) Alzheimer's Community Care (Public Service) —Alzheimer's Community Care provides vital resources and support to families coping with Alzheimer's disease or other dementia. Through the Family Nurse Consultant Program families living with seniors suffering Alzheimer's Disease, access dementia-specific services and resources. It provides disease education, practical guidance, emotional support and connections to community resources throughout all stages of the disease. • Funding Request: $25,000 Recommendation: $25,000 2) Boynton Beach Faith-Based Community Development Corporation - The Boynton Beach Faith- Based Community Development Corporation is expanding its social service department to fill the gap by serving homebound and chronically ill seniors, outreach to homeless population and individuals suffering with HIV/AIDS. • Funding Request: $65,000 Recommendation: $62,366 Summary: Funding Activity Amount Sub-grantee funding $87,366 Planning & Grant Administration $1.1.6,487 Housing Rehabilitation Program $369,574 fincudes$40_9_90.10 FY2020 COBG re-purposed program income, Housing Rehabilitation Delivery $5010W TOTAL $623,427.10 Fiscal Impact: The City of Boynton Beach's CDBG allocation for FY 2021 and FY 2020 is $582,437 and $40,990.10 respectively. FY 2020's allocation is program income. 20% of the CDBG FY 2021 allocation which amounts to $116,487 will go toward administrative costs of the program. Alternatives: None recommended. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Adoption promotes the preservation of existing housing stock, providing affordable housing, and other non- housing community development needs associated with the reduction of poverty. Climate Action Application: N/A Is this a grant? Yes Grant Amount: $582,437 Page 107 of 1906 Attachments: Type Description D Resolution Resolution approving CD B G One Year Action Plan for FY 21-22 D Addendum CDBG FY 2021 Annual Action Plan D Addendum Alzheimer's Community Care Funding Application D Addendum Boynton each Faith Based CDC Funding Application Page 108 of 1906 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH'S 5 COMMUNITY DEVELOPMENT BLOCK GRANT ONE YEAR 6 ACTION PLAN FOR FISCAL YEAR 2021/2022; AUTHORIZING 7 THE CITY MANAGER TO SIGN THE APPLICATION, 8 ASSURANCES AND THE CERTIFICATIONS; AND PROVIDING 9 AN EFFECTIVE DATE. 10 ii 12 WHEREAS, the City of Boynton Beach is in its twenty-fifth year as an entitlement 13 community of receiving Federal Grant Funds; and 14 WHEREAS, as a requirement of the U.S. Department of Housing and Urban 15 Development (HUD) Community Development Block Grant (CDBG) Program, and per 24 16 CFR Part 91 — Consolidated Submissions for Community Planning and Development 17 Programs, the City of Boynton Beach ("City") is required to submit an Annual Action Plan; 18 and 19 WHEREAS, the Annual Action Plan is an application for funding for the CDBG 20 Program, which identifies activities that will be undertaken each program Year; and 21 WHEREAS, HUD's published allocation of $582,437.00 to the City, for FY 2021/22 22 is subject to HUD's approval of this Annual Action Plan; and 23 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 24 interest of the citizens and residents of the City to adopt the City of Boynton Beach's 25 Community Development Block Grant (CDBG) One-Year Action Plan for fiscal year (FY) 26 2021 and authorize the City Manager to sign the CDBG One Year Action Plan, Application, 27 Certifications and Assurances for the FY 2021/22. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Approve CDBG One Year Action Plan 2021-22-Reso.docx 1 Page 109 of 1906 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 34 adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One-Year 35 Action Plan for fiscal year(FY) 2021/22. 36 Section 3. The City Manager is authorized to sign the CDBG One Year Action Plan, 37 Application, Certifications and Assurances for the FY 2021/22. 38 Section 4. This Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this 3rd day of August, 2021. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor—Woodrow L. Hay 47 48 Commissioner—Justin Katz 49 50 Commissioner—Christina L. Romelus 51 52 Commissioner—Ty Penserga 53 54 VOTE 55 ATTEST: 56 57 58 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 64 (Corporate Seal) S:ACA\RESO\Approve CDBG One Year Action Plan 2021-22-Reso.docx 2 Page 110 of 1906 i CITY OF BOYNTON BEAC, 'N LORI LAVERRIERE, CITY MANAGER FINANCIALMARA FREDERIKSEN, DIRECTOR OF SERVICES RJ RAMIREZ, COMMUNITY IMPROVEMENT PROGRAM MANAGER FY' 20211 a 2022 C,DB,G One, Year Action Plan ,"'lu + (1,i'- 1,1, U, 4`i t tRi""T t f ,i',f 1, ; ,r I N Page 111 of 1906 Executive Summary AP-05 Executive Summary- 24 CFR 91.200(c), 91.220(b) 1. Introduction As a requirement of the U. S. Department of Housing and Urban Development (HUD)' Community Development Block Grant (CDBG) Program, and per 24 CFR Part 91 — Consolidated Submissions for Community Planning and Development Programs, the City of Boynton each ("City") is required to submit an Annual Action Plan.The Annual Action Plan is a component of the City's Five-Year Consolidated Plan for fiscal Year 2017/2021. The City continues its focus on priorities that are essential to the primary objectives of Title I of the Housing and Community Development Act of 1974,as amended, Those objectives continue to be the provision of decent housing, suitable living environments, and the expansion of economic opportunities for its citizens, particularly low/moderate income persons. The City of Boynton Beach's objectives plan focuses on the preservation of existing housing stock, providing new affordable housing, homelessness and special needs, and meeting other non-housing and community development needs associated with the reduction of poverty, educational needs and economic development incentives. The Annual Action Plan is an application for funding for the Community Development Block Grant (CDBG) Program, which identifies activities that will be undertaken during the next fiscal year. These activities selected for funding are in accordance with the priorities established by the 2017/2021 Consolidated Plan and are in accordance with the primary objectives of the program. HUD's published allocation of $582, 437 to the City of Boynton each for Program Year (PY) 2021 is the subject of this Annual Action Plan. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City of Boynton each is to undertake the activities in part AP-20 (Annual Goals and Objectives of this document.)for FY 2021. is are: • Rehabilitation of Existing Units • General Public Services 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The City and the CDBG program committee considered the past performance of the CDBG subrecipients when determining the allocation of CDBG funds to proposed FY 2021 activities. The CDBG program Annual Action Plan 1 2021 OMB Control No;2506-0117(exp.09/30/2021) Page 112 of 1906 committee considered funding requests from nonprofit organizations based upon the proposed benefit to low-to-moderate income residents,their experience in carrying out the proposed activities and meeting the CDBG requirements. CDBG funding was allocated only to activities that address the high priority needs of the 2017/2021 Consolidated Plan which were owner-occupied housing rehabilitation, public services, and neighborhood revitalization of the Heart of Boynton low-income target area. The COVID-19 ands is started in the spring of 2020, but the ripple effects continues to drastically affect the delivery of services. Due to social distancing requirements, business closures and materials shortages, the city continues to have limitations in the completion of housing rehabilitation cases. Its public services subrecipients continues to use alternative methods of delivering services such as virtual counseling and meetings, delivery of services directly to beneficiaries, and continue to address the most immediate needs of its clients such as accessing unemployment benefits and other emergency resources. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The City advertised the availability of CDBG funds in June 23,2021 held one public meeting in,solicited input from nonprofit organizations, and encouraged residents to participate in the preparation of the FY 2021 Action Plan. The City requested to HUD a 3 days Public Comment Period waiver for the FY 2021 Action Plan.The request was granted by HUD on June 81h.,2021.The Draft of the Action Plan Public was available for Public Comment from Monday,July 14, 2021 through July 16, 2021. S. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. No public comments were received during the public review period. 6. Summary of comments or views not accepted and the reasons for not accepting them There were no comments or views that were not accepted. 7. Summary The City allocated the CDBG funds to primarily benefit low- and moderate-income households. The CDBG beneficiaries are either income-qualified residents that receive direct services or residents of neighborhoods where at least 51 percent of the population is low and moderate Income. The City expects to receive$582,437 for FY 2021 in CDBG funds. See Section AP-35 Projects for a detailed description of each activity. Below is a summary of the CDBG activities and allocations: Annual Action Plan 2 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 113 of 1906 • Program Administration — $116,487 in, CDBG funds for program administration. Planning and administrative cost must not exceed 20 percent of the grant. • Housing—$378, 584 in CDBG funds for housing related activities. • Public Services—$87,366 in CDBG funds for public services activities.The Public Services allocation must not exceed 15 percent of the grant. The Annual Action Plan was developed by the Department of Financial Services with the following process: • Consultation with other City departments and governmental entities 05/28/2021 and 06/21/2021 • Consultation with Community organizations and private citizens 07/6/2021 Annual Action Plan 3 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 114 of 1906 E ) 2 ) e , 2 ° ) gl / $ £ § Lull # m ! a &° 41 ) § g � ) 41 E U \ L2 2 CL 0 � § k : ) M ) $ k ) § B ) . m § . (U u kca 5 % ■ e § ( q 0 & \( CL 2z 0 :3J 0 / § o / to r m m CM E § ko CL| m -P I & © § m / CL CL / LL Mk \ m LA m E m / §a R§ > G § 8 CL § V) \ 2 / kE Ln co Ln k 9 / ■ c c: m 41 Q 7 ¢ m \ m (v ? 3 2 a E � ® to Eu EL Ln / LL 0 m \ / G / ) ) ■ ■ c S p CL) ; ! 2 § K / § m ° � . . ' G }i ! 2 a c m m 3 CL / § \. . . ..w \ / 7 Page 115 0 1906 AP-10 Consultation —91.100, 91.200(b), 91.215(l) 1. Introduction The City advertised the availability of CDBG funds, solicited input from nonprofit agencies, and encouraged residents to participate in the development of the FY 2021 Action Plan through a variety of methods. This included emails, phone calls,website,social media, radio,and letters sent out to various non-profit agencies in the community. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) The City maintains a strong relationship with the assisted housing providers. Staff maintains a close working relationship with the Palm each County Housing Authority and Delray each Housing Authority.The City is home to a regional healthcare cluster including Boynton Beach Medical Center, Proximity Medical Center, Premier Medical Center,and Sanitas Medical Center. Ensuring access to quality medical care is an important priority for our assisted housing providers. In addition, there are several Mental Health Centers in the City that serve individuals faced with mental health issues. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children,veterans, and unaccompanied youth)and persons at risk of homelessness. The City of Boynton Beach collaborates with the Palm Beach County Division of Human services Homeless and Housing Alliance (Continuum of Care) to help identify the services available for people who are homeless.The services include meals, housing,clothing, personal care, medical care, mental health services and various other forms of housing. Emergency, self-sufficiency, intervention and homeless services are available. Describe consultation with the ti (s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Boynton each in not recipient of ES G funds, but continues to collaborate with the Palm each County Continuum of Care on issues addressing the needs of homeless and those at risk of becoming homeless. 2. Describe Agencies, groups, organizations and others who participated int process and describe the jurisdiction's consultations with housing, social service agencies and other entities Annual Action Plan 2021 OMB Control No:2506-0117{exp.09/30/2021) Page 116 of 1906 . m m _ �, _ .. .,:,,, .. ti ...�.. 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Discussion Annual Action Plan 17 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 126 of 1906 0 U 41 C � p E .°c •m r- UQD++ a, V) 3 O +' h0 0 c V) v j Q N U p U (3 41 to � a 00 rD L d L Z oo c m I:t 3 � wcli�I 0 3 w W u of o o 0 c ++ C O 7 Q 1° 2 c a _ o •- C L u � u 41 m ra c ry Ln o ,�. :3r Z N CU L CC cu O_... a1 X CL u L c 0 g10 CL � L @ a m v IAtoc to Q ra u N 00 Q u u u i O e w a � ao c m Vt !H 0 O b.0 +JI O _ t = c �- aci � - +, a N +J m a V ! ru O = CL = i x E L = 0 E N Mi N N N ds O O O V N N N 10 O Ln O O O N N N N N C o � m � � o IA47 m O p •V C o E .0 ° 4 0 Z Q rLn a c c VOD N r„ c •� f0 i U) - -0 M ro u o 3 m O O @ o L C � m CL CL o a 3 Z N0 -� rl N M c d O fA 0 m Page 127 of 1906 p O 1� E Q m ho a CL c 0 r� � a cc o e Q o •� _ N O 2 � M c o Q ro +, r- N_ O [ fp Z Q E p ',, Q C �r Q [ O m [ z 4• D Ln O V41 cu o 3 V o T o m m E 0 0 v ° o _ x o o o C ++ r ++ s o M M a a 43 �L CJ i N �i G Ln N 0 ( z a z o z O O D D O O o U Q m Page 128 of 1906 Projects AP-35 Projects—91.220(d) Introduction The City of Boynton Beach Plans to expend its CDBG funding on the Planning and Administration of the CDBG Program, Rehabilitation of substandard housing and the cost to administer the project. The city will also fund local nonprofit organizations that will provide needed services that will assist in the improvement of the quality of life for our underserved population. Projects # Project Name 1 CDBG Administration 2 ' Housing Rehabilitation 3 Housing Rehabilitation Administration 4 Alzheimer's Community Care 75 Boynton Beach Faith Based Community Development Corp. Table 7-Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City allocates CDBG funds to activities that address the priorities of the 2017-2021 Consolidated Plan and comply with CDBG regulations. The priorities are housing, self-sufficiency, homeless prevention, fair housing education and housing preservation.The City and the CDBG Program Committee consider funding requests from non-profit agencies based upon the proposed benefit to low- and moderate-income Boynton Beach residents, the agencies demonstrated capacity to carry out the proposed activities,the financial feasibility of the proposed activities, and the amount of funding available. Annual Action Plan 20 2021 OMB Control No:2505-0117(exp.09/30/2021) Page 129 of 1906 AP-38 Project Summary Project Summary Information 1 Project Name CDBG Administration � Target Area Citywide Goals Supported Program Administration Needs Addressed Program Administration CDBG:$116,487 Funding Description Administration of the CDBG program to include staff and other related' +cost of program management,coordination, monitoring reporting, evaluation and oversight.Subject to statutory limitation of 20%of annual allocation. I ._.w..._...... - ..... Target Date 9/30/2022 _ Estimate the number and Not Applicable type of families that will benefit from the proposed activities Location Description Citywide _. . Planned Activities [Daily administration of the plan to include monitoring of Isubrecipients, providing technical assistance, reporting and other ;administrative duties. _ 2 Project Name Housing Rehabilitation _ Target Area Citywide Goals Supported �_ Housing `. •.�----®- --., Needs Addressed Housing $369,574 Funding Description 'The rehabilitation of existing single-family homes to include roof replacement or repair, installation of energy efficient windows and doors, plumbing repair, electrical upgrade and other repairs in an 6effort to eliminate slum and blight, and preserve the city's housing stock. I�Target Date 9/30/2022 A Annual Action Plan 21 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 130 of 1906 _— ,----- .. _. b..,::� _ ....... i e the er a Estimates six(6)families will benefit from this activity Esttype of families that will benefit from the proposed activities Location !Citywide with emphasis on the Heart o Boynton target area 4 ...t,..,.; _......e .......gym..._ Planned Activities 'Marketing program, application intake and certifying eligibility of applicants. r e Housing Rehabilitation Administration Target Area I Citywide _....... Goa Is a Administration of the Housing Rehabilitation program Needs I Housing Funding C G: $50,000 Description Costs associated with administering rehabilitation to include writing work specifications, inspections,daily monitoring of projects, interaction with contractors and sub-contractors. j ------------ Tar ate 9/30/2022 �, _......,. .............. si ate n r 6 families are expected to benefit from this activity. y families that will benefit from the proposed activities ......... ., Location scri tin Citywide with emphasis on the Heart of Boynton target area Planned iii Costs associated with administering rehabilitation to include writing ork specifications, daily monitoring of projects, interaction with contractors and sub-contractors. r j a Alzheimer's Community Care ! Target Area Citywide _ _........... _... .�_.. Goals Supported Public Service vvvv, -... .uv... _. Needs Addressed Education Funding CDG:$25,000 Annual Action Plan 22 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 131 of 1906 seri tin ` The Family Nurse Consultant Programis a portal through which j families living with seniors suffering Alz ei er's Disease,access dementia-specific services and resources. It provides disease education, practical guidance, emotional support and connections to �. community resources throughout all stages of the disease. Target ate 9/30/2022 Estimate the number and 115 families type of families that will refit from the proposed activities Location scri tin Citywide ---------- Planned Activities i Education,support and follow u ._..____ ...... _._...... ____-_ i.____.._. .._.. Name Boynton each Faith se Community Development Corp. Project _..� ... _ ..:.:::......... ar e r Low-and oerate-Inco a Areas Is u Public ServiceGoa � � Needs Addressed Housing .. CDBG- $62,366 Funding -� Description Local Community Housing and Development Corporation is expanding its social service department to fill the gap by serving homebound and chronically ill seniors, outreach to homeless population and 1 individuals suffering with HIV/ AIDS.The program offers services to homebound and chronically ill seniors,family strengthening (emergency food,shelter and financial assistance)to assist families to rebound from the pandemic, supportive housing program and an outreach initiative to promoteIV/AIDS awareness. Target 9/30/2022 Estimate er and 1,950 L I individuals type of families that will benefit from the proposed activities Location Description Heart of Boynton L I area Planned ctivities Education,support and follow up Annual Action Plan 23 2021 OMB Control No:2545-0117(exp.09/30/2021) Page 132 of 1906 AP-50 Geographic Distribution —91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration)where assistance will be directed The City selected projects for funding that benefit low- and moderate-income neighborhoods. Activities that provide direct/individual benefit will also be offered on a citywide basis to low- and moderate-income households.The areas identified as the Heart of Boynton with census tracts 61.00, 62.01, 62.03 and 57.01 which is composed of high concentrations of minorities and families with the lowest incomes in the city remain the areas of preference to benefit from the Community Development Block Grant Program. The area is east of Interstate 95, and west of the FEC railway, north of Boynton Beach Blvd., and south of the C 16 canal. Geographic Distribution Target Area Percentage of Funds Low-and Moderate-Income Areas 15 9 Citywide [ 85 Table 8-Geographic Distribution Rationale for the priorities for allocating investments geographically Funds are targeted to meet the National Objective of benefitting low- and moderate-income persons. The preference area continues to have high unemployment rates coupled with low-income levels,which exceed other parts of the city. There is an abundance of substandard housing requiring rehabilitation. A minimum of 51% of CDBG funds will be expended on very low to low-income persons/families. Discussion Annual Action Plan 24 2021 DMB Control No:2506-0117(exp.09/30/2021) Page 133 of 1906 Affordable Housing AP-55 Affordable Housing—91.220(g) Introduction Affordable Housing continues to be a priority with the City of Boynton each through the provision of staff support for City personnel and the City's support of its local Community Housing Development Organization,the Boynton each Faith Based Community Development Corporation. The city will be providing financial support through its funding allocation from the State Housing Initiatives Program (SHIP), if available, and donations of buildable lots,which will help fray the costs, associated with home ownership. One Year Goals forte � . er of Households to be Supported Homeless 0 Non-Homeless 6 Special-Needs 0 Total 6 Table 9-One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 6 Acquisition of Existing Units 0 Total 6 Table 10-One Year Goals for Affordable Housing by Support Type Discussion The City of Boynton Beach will collaborate with the Palm Beach County division of Human Services Homeless and Housing Alliance (Continuum of Care)to provide referral services for people who are homeless. Annual Action Plan 25 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 134 of 1906 AP-60 Public Housing— 91.220(h) Introduction The City of Boynton Beach does not have a Public Housing Authority. However, the Delray Beach Housing Authority maintains tenants in scattered units throughout the city. These tenants are kept aware of opportunities that become available within the city that will improve their living standards. They are notified whenever job fairs are scheduled as well as the CDBG process. Actions planned during the next year to address the needs to public housing Planned housing workshops, job fairs, and fair housing workshops will be held by our subrecipients. Public Housing Residents will be invited as applicable. Actions to encourage public housing residents to become more involved in management and participate in homeownership N/A If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not Applicable Discussion Annual Action Plan 26 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 135 of 1906 AP-65 Homeless and Other Special Needs Activities —92.220(i) Introduction City of Boynton each recognizes the need to address the homeless individuals and families, and those persons with special needs. A portion of SHIP funds are set aside for households with members with developmental disabilities. The City funds with CDBG monies, local non-profit agencies who provide services to the homeless in cases of emergencies, and further assists them to obtain permanent assistance through the Palm each County division of Human Services Homeless and Housing Alliance (Continuum of Care). Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs While the City does not receive Emergency Solutions Grant ( SG) funds, the City supports Palm each County Continuum of Care strategies to address homelessness. Additionally, the City actively collaborates with the County and other local cities to address homeless related needs.Finally,the City gives priority and allocates CDBG funds to projects benefiting the homeless population whenever it receives applications for C funds. Addressing the emergency shelter and transitional housing needs of homeless persons The City makes referrals of person at risk of homelessness to the Palm each County homeless services. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of Boynton each will collaborate with the Palm each County division of Human Services Homeless and Housing Alliance (Continuum of Care) and the Phillip D. Lewis Center providing referral services for people who are homeless. Annual Action Plan 27 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 136 of 1906 Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care [such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions]; or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The city works with Boynton Beach Faith Base Community Development Corporation, Palm Beach County Office of Economic Sustainability and the Palm Beach County Division of Human Services homeless and Housing Alliance (Continuum of Care)to help low-income individuals and families discharged from publicly funded institutions or systems of care to avoid them becoming homeless. Discussion The City makes referrals of person at risk of homelessness to the Palm Beach County homeless services. Annual Action Plan 28 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 137 of 1906 AP-75 Barriers to affordable housing—91.2200) Introduction: The City of Boynton Beach remains committed to providing Affordable Housing. The city and its Community Redevelopment Agency conduct housing studies, and adopts plan ordinances to eliminate barriers to affordable housing. The city actively seeks to assist potential homeowners and developers interested in developing in our community. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City's adopted Local Housing Assistance Plan(LHAP)delineates steps taken to eliminate barriers to affordable housing.The City moved to lessen restrictions on development of non-conforming lots.The regulations focused on the Heart of Boynton District,the area with a significant number of such lots.They were previously unbuildable due to lot size and frontage requirements. In order to allow single-family residences to be built on these lots, staff modified development standards including revisions to lot area,lot frontage,setbacks,and minimum livable area. This action furthered the City's goal of increasing the inventory of attainable housing. Community Improvement staff continue to work closely with the city's' Planning Department and is currently strategizing with local affordable housing providers. Staff remains committed to the following: • Explore actions to eliminate land development regulations that impede affordable housing • Continuing supporting traditional lenders who support affordable housing and promote equal housing for all • Educate low and very low-income persons of fair lending rights and policies • Prioritize the provision of housing for very low, low, and moderate-income families with persons with physical or mental disabilities Discussion: The production of affordable housing requires intense collaboration with lenders, developers, community leaders,and local government. It requires many incentives to keep everyone at the table in an effort to eliminate stigmas that may be associated with the production. All involved need to understand what the investment does to the community. Annual Action Plan 29 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 138 of 1906 AP-85 Other Actions—91-220(k) Introduction: The City of Boynton each will undertake a variety of activities aimed at addressing the needs of the low- and moderate-income households. This includes providing affordable housing to the extremely low-income population, addressing homelessness,and providing public services to low income children and families in need. Actions planned to address obstacles to meeting underserved needs The City supports services and projects aimed at addressing homelessness, social services, and housing affordability.The City of Boynton each will continue its current initiatives and collaborations with sub grantees, other public, private agencies and social service providers to meet the needs and eliminate the obstacles of its underserved residents. Programs utilizing CDBG funds and other countywide sources, impact numerous families with job searches, suitable housing, and food.The network fosters communication throughout the city. Actions planned to foster and maintain affordable housing The City preserves existing affordable housing stock by help financing rehabilitation of affordable housing projects or negotiating with the new owners of affordable housing projects. The City continually supports the preservation and development of affordable housing to maintain and increase affordable housing supply. Addition incentives offered are expedited permitting,and reduction in building fees. Actions planned to reduce lead-based paint hazards Regulations requiring testing and mitigation of units built prior to 1978 all have risk assessments. The evaluation determines the necessary measures to be taken in order to create safe environments for families who may occupy properties suspected of being contaminated as required by HUD's Lead based final Rule, effective September 2000(24CFR 35). Only certified lead abatement contractors will perform lead abatement. Actions planned to reduce the number of poverty-level families The City's Economic Development efforts will provide incentives for business owner that will address the reduction of poverty level families. Businesses will be required to hire low-income families at cost of living wages. Additionally, our sub grantee Pathways to Prosperity offer services that help develop employability skills for residents,thereby increasing their household incomes. Finally,the City supports applications for CDBG funds for job training and placement tryouth and adults. Actions planned to develop institutional structure The City has a strong system of delivering and coordinating its community development goals and objectives internally with its City Departments and externally through its partnerships with lenders, nonprofit developers and social service providers throughout the county that allows for the leveraging of resources. Annual Action Plan 30 2021 OMB Control No:2506-0117(exp.09/30/20211 Page 139 of 1906 Actions planned to enhance coordination between public and private housing and social service agencies The City will continue to work with public and private agencies to coordinate the delivery of housing and related services. The City also maintains close relationship with nonprofit organizations that provide social services to the community. The City administers its homeowner programs for existing and new homeowners with CDBG and State funding with its collaboration efforts with lenders, housing providers, and public housing agencies. This delivered with credit counseling, budgeting, and foreclosure prevention. Discussion: Annual Action Plan 31 2021 0 M B Control No:2506-0117(exp.09/30/2021) Page 140 of 1906 Program Specific Requirements AP-90 Program Specific Requirements --91.220(1) (1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in theProjects Table.The fallowing identifies program income that is available for use that is included inprojects to be carried out. 1.The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $40,990 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3.The amount of surplus funds from urban renewal settlements 0 4.The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5.The amount of income from float-funded activities 0 Total Program Income: $40,990 Other CDBG Requirements 1.The amount of urgent need activities 0 2.The estimated percentage of CDBG funds that will be used for activities that benefit persons of law and moderate income. Overall Benefit-A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income.Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 32 2021 OMB Control No:2506-0117(exp.49/30/20211 Page 141 of 1906 PAGE INTENTIONALLY LEFT BLANK Annual Action Plan 33 2021 OMB Control No:2506-0117(exp.09/30/2021) Page 142 of 1906 OMB Number:4040-0004 Expiration Date:12/31/2022 Application for Federal Assistance SF-424 *1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s): ❑ Preapplication ®New ®Application ❑Continuation *Other(Specify): ❑ Changed/Corrected Application ❑Revision *3.Dale Received: 4.Applicant Identifier: r r 5a.Federal Entity Identifier: 5b.Federal Award Identifier: . - - State Use Only: 6.Date Received by State: il, 7.State Application Identifier: , 8.APPLICANT INFORMATION: *a.Legal Name City of Boynton Beach �� *b.EmployerlTaxpayer Identification Number(EIN1TIN): 'c.UEI: I59-6000262 1072247133000 d.Address: *Streetl: 100 East Ocean Avenue .� Street2: *City: Boynton Beach County/Parish: palm Beach *State: FL. Florida k Province: *Country: USA UNITED STATES _ ww. - *Zip 1 Postal Code: 33435 0310 e.Organizational Unit: Department Name: Division Name: Financial Services Community Improvement f.Name and contact information of person to be contacted on matters involving this application: _..... �mmm.dd. Prefix: �Mr. ( 'First Name: IRC... �. Middle Name: ; *Last Name: Ramirez Suffix: Title: community Improvement Program manager Organizational Affiliation: Telephone Number: '561-742-6359 Fax Number: nEm Iramirezr@11 lab fl,us Page 143 of 1906 Application for Federal Assistance SF-424 9.Type of Applicant 1:Select Applicant Type: .................— —--------- �C: City 01 Township Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: other(specify): ............. -Fu----- •10.Name of Federal Agency: IUnited States Department of Housing and Urban Development 11.Catalog of Federal Domestic Assistance Number: 14.218 CF0A Title: CDBG ..................... 12,Funding Opportunity Number: ...................... C-12-0043 E2 Title: ... ............... Community Development Block Grant 13.Competition Identification Number: —- —- Title: 14.Areas Affected by Project(Cities,Counties,States,etc.). Add Rttachment D iete A'llactijnahrup, vo,00:44acrmle 15.Descriptive Title of ApplicaniVs.Project lCommunity Development Action Plan FY 2021 ......................... Attach supporting documents as specified in agency instructions. Add Attachments Geiete f ents' Page 144 of 1906 Application for Federal Assistance SF-424 16.Congressional Districts Of: `a.Applicant 23 *b.Program/Project Attach an additional list of ProgramlProject Congressional Districts if needed. ( Add AttachmentDelete l�ttac;rnent 'w Attac�lr,1eE 17.Proposed Project: `a.Start Date: 10/01/2021 `b.End Date------------- 09/30/2022 18.Estimated Funding($) i a.Federal 562,437-00j *b.Applicant E.ifl I M1�n *c.State *d.Local *e.Other *f. Program Income 40,990.10" *g.TOTAL 623,427.10 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a.This application was made available to the State under the Executive Order 12372 Process for review on b.Program is subject to E.O. 12372 but has not been selected by the State for review. ® c.Program is not covered by E.O. 12372. *20.Is the Applicant Delinquent On Any Federal Debt? (if"Yes,"provide explanation in attachment.) ❑Yes ®No If"Yes",provide explanation and attach Add Attarhrrent Delete Attach.m,&rt A,,uac'hnlent 21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) ® —I AGREE —The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: IMrs. *First Name: Lori Middle Name: , L *Last Name- LaVerriere Suffix: *Title: City Manager *Telephone Number: 561-742-6010 1 Fax Number: *Email: 1'LaVerriereL@bbf1.us * Signature of Authorized Representative: *Date Signed: ' Page 145 of 1906 ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503, PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND 1T TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY, NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728-4763) relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R. 900, Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or documents related to the assistance;and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non- directives. discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964(P.L.88-352) 3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972, as amended(20 U.S.C.§§1681 from the awarding agency.Will record the Federal 1683, and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended(29)U.S.C_ with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975,as 4. Will comply with the requirements of the assistance amended(42 U.S.C. §§6101-6107),which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L.92-255),as amended relating to nondiscrimination on the basis of 5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention, Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L. 91-616), as amended, relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism; (g)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol 6. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.), as amended, relating to nondiscrimination in the sale, 7. Will establish safeguards to prohibit employees from rental or financing of housing; (i)any other using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s) presents the appearance personal or organizational under which application for Federal assistance is being conflict of interest, or personal gain. made; and(j)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 Page 146 of 1906 11. Will comply, mhas already complied,with the Federal actions to State(Clean Air)implementation requirements ofTitles Uand III ofthe Uniform Relocation Plans under Section 176(u)ofthe Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1Q55, aaamended(42U.S.C. §§7401eteeqj; (g) 1Q7O(P.L91'S46)which provide for fair and equitable protection mfunderground sources ofdrinking water treatment ofpersons displaced orwhose property is under the Safe Drinking Water Act of1974. os acquired as aresult ofFederal and federally-assisted amended (p.L.03'523);and, (h) protection of programs.These requirements apply Vnall interests inreal endangered species under the Endangered Species property acquired for project purposes regardless oY Act cf1S73.aaamended(P.L93-205). Federal participation inpurchases. 18. Will comply with the Wild and Scenic Rivers Act of 12. WiUcomply with the provisions ofthe Hatch Act(5U.S.C. 1968(16U.S.C.§§1271 et seq ) na|a�d\npro�oUng §§15O1-15O8and 7324-7328)vvhiohlimit the political oonnpone�oorp�enUa|nnm--- � 'n� softhe national activities ofemployees whose principal employment wild and scenic rivers system activities are funded inwhole orinpart with Federal funds. 13VWUunmp� as with 17. VW||assist the awarding agency |n000uhngcompliance � . . with Senbon1O8ofthe National Hi,�orioPnmaenmtiun BoconA�(4OU�8�C� ��78a1�278m-7).th�CoPe|�ndA� Act of1968. as amended(1GU � � �47V) EO 11593 (40 U.S.C. D27�uand18U.S.C. �8�B and U. C. ' � � � . (identification and protection nfhistoric pmpartiea) and Work §§327- the Amhaeo|ugima|and Hi�ohoPmasenx� ` Preservation " 333>regarding labor �mdandufor��eroUy-u�eiote� 1974(16U.S.C. §§48Q*-1 ��omq) `' � monotruckionaubegreements. 18� ��||cmu��8obo�e��nned1herequi�d#nan�a|and 14. VNUconnp|yvvithflood insurance purchase nsquimomen�of comp||onca�udHmin�u�on]oncexvb�1heG|ng|eAudb Section 1U2(a)of�aFlood 0aeeharpr�eoi|onAct of1873 Act Amendments u/1Q96and D[MgCin:u|orNu A-133 (p.L 93'284)vvh|ch requires recipients|n aspedm|flood .Y\udi��ufGte�a. Local Governments. �n��on'Pm�t Non- harandanuatopa�i� program Organizations." ' flood inoumnneifthe total o»/�nfinsurable oon��mckion and acquisition im$1D.ODOormore. 19. Will comply with all applicable requirements ofall other 15 Will Federal laws, emeuuVweorders, negu|a�ons. and po|ides � prescribed pursuant hothe following: (a)institutigowenn|ngthispmgnam�nof . environmental quality control measures under the National 20. Will comply with the requirements ofSection 106(g)of Environmental Policy Act nf1960(p.L01 the Trafficking VictimsProtecUon4ct(TVPA)uf200O.ao 1gO)and Executive Order(EO) 11514; (b)notification amended(22U.8.C. 71O4)which prohibits grant award ofviolating facilities pursuant toE011738; (c) recipients urosub-recipient from (1)Engaging insevere protection ofwetlands pursuant 1oEO119SO; (d) forms oftrafficking inpersons during the period oytime evaluation offlood hazards in0oodp|a|nuinaccordance that the award is|neffect(2) Procuring acommercial with EO11988; (e)assurance ofproject consistency sex act during the period oftime that the award isin with the approved State management program effect ur(3) Using forced labor inthe performance ofthe developed under the Coastal Zone Management Act of award orsubxwamdeunder the award. 1Q72(16 U.G.C. §§1451 etseq.); (f)conformity uf SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION SUBM'ITTED City of Boynton Beach sF-4o4o(Rev.r'o7)Back Page 147Of1906 Specific Community Development Block Grant 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 plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program(i.e.,the development of viable urban communities,by providing decent housing and expanding economic opportunities,primarily for persons of low and moderate income)and requirements of 24 CFR Parts 91 and 570. Following a Plan -- It is following a current consolidated plan that has been approved by HUD. Use of Funds--It has complied with the following criteria: 1. Maximum feasible Priority. With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low-and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community,and other financial resources are not available(see Optional CDBG Certification). 2. 0verall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) FY 2021 _ _ [a period specified by the grantee 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. 3. Special Assessments. 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 low 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 to the 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. In addition,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 cover the 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 demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Page 148 of 1906 Compliance with Anti-discrimination laws--The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)and the Fair Housing Act(42 U.S.C. 3601-3619)and implementing regulations. Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A,B, J,K and R. Compliance with Laws-- It will comply with applicable laws. 11,1111__..__............ .._.-........ _............ 11 - Signature of Authorized Official Date City Manager Title Page 149 of 1906 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, Uniform Relocation Act and 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, (42 U.S.C. 4601-4655)and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding tinder the Community Development Block Grant or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on 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 ore ployee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the 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 than 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,loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;and 3. It will require that the language of paragraph I and 2 of this anti-lobbying certification be included in the award docurnents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law(as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant,and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3--It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u)and implementing regulations at 24 CFR Part 135. Signature of Authorized Official Date City Manage Title Page 150 of 1906 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: 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 into this transaction imposed ky 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. Page 151 of 1906 711512021 Community Development Block Grant Program I City of Boynton Beach COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOME ( (/ t COMMUNITY CITY OF BOYNTON BEACH DEPARTMENT OF DEVELOPMENT - COMMUNITY IMPROVEMENT DIVISION COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM The City f Boynton Beachreceived in grantfunding Department of Housing & U rba n Development following recommendationsill be consideredapproval at the City Commission ti 3, 2021 regarding the projects activities listed . Alzheimer's Commuit r $25,000.00 Boynton C Faith-Based Public Services ® $87,366.00 Housingilii I $328,584.00 Housing ili ti Delivery: , Planning i i i $116,487.00 Total Expenditures*. The plan ill be availablepublic inspection three comment periodThursday, July , in the Community Improvement ivi i ice located Boynton Beach, Florida 33435, in accordanceit Consolidated Regulation .1 "Citizen ri i ti Written comments on the shouldreport identify t r of the comment interest c it t r (561-742-6359) t abovethe iCommission ill consider f inal approval plan at their regular i s , 2021, at 5:30 at Commission. h s:/ . oynton-beach.or /cdbgl mmunity-development-block-grant-program Page 152 of 1806 7/15/2021 Community Development Block Grant Program I City of Boynton Beach IN ACCORDANCE WITH THE PROVISIONS OF THE ADA, THIS AD AND DOCUMENTS LISTED CAN BE REQUESTED IN AN ALTERNATE FORMAT. AUXILIARY AIDS OR SERVICES WILL BE PROVIDED UPON REQUEST, WITH AT LEAST THREE [31 DAYS NOTICE. CONTACT CID AT [5611742-6066. IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS (800) 955-8771 [TTY] OR (800) 955-8770 [VOICE] FOR ASSISTANCE. { City Hall: 100 E. Ocean Ave. Boynton Beach, FL 33435 Phone: 561-742--6000 Contact City_( contact). SITEMAP (/sitemap) PRIVACY POLICY(/privacy-policy) ADA NOTICE (/ada-notice) ©2019 All Rights Reserved Page 153 of 1906 https://www.boynton-beach.org/cdbg/community-development-block-grant-program 2/2 i t Fiscal Year 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING APPLICATION a FA 8 y r rc d s u..� 3h r p a , kva f-'�b,!'e FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: City of Boynton Beach Community Improvement Division 100 E. Ocean Avenue, Boynton Beach, FL 33435 Telephone: 561-742-6359 RJ Ramirez Community Improvement Program Manager Email: ra irer bfl.us Page 154 of 1906 Page 155 of 1906 FY 2021 Funding Request To submit an application, complete A — G, Attachments 1-5 (if applicable) and any other items requested. Do not include any items that are not requested. Submit application to RJ Ramirez, Grants Manager, Community Improvement Division, 100 East Ocean Avenue, Boynton Beach, FL 33435 by 4:30pm, July 2, 2021. Please review the "Subrecipient Guide" for the Programs, goals, requirements and timelines. For assistance, please call the Community Improvement Division at 561-742-6359. A. GENERAL INFORMATION 1. Name of Applicant: Alzeimer's Community Care X Non-profit Neighborhood Association For-Profit CHDO (Provide copy of your IRS ruling providing tax exempt status under Section 501(c)(3)of the 1986 iR5 code if you are a non-profit) 2. Name of Project: Family Nurse Consultant & ID Locator Service 3. Area or Location of Project: Boynton Beach 4. Contact Person/Title: .Mary M. Barnes, President &CEO (Preferably Pres./Director) Email Address: MBarnesL@aIzcare.org Additional Contact Person/Title: Rachel Ramos, Director of Grants (Preferably Person responsible for preparing reports) Alternate Email Address: RRamosalzcare.or _ Mailing Address/Zip: 800 Northpoint Parkway, Suite 101-b, West Palm Beach, FL 33407 Telephone: _ 561-683-2700 _ Fax: 5. Grant Request Activity Area: Public Service Homeless Prevention Services Public Facility Other Public Safety/Crime Prevention Economic Development X Senior Services Youth Programs 6. Amount of Funds Requested for Project:525 000 7. Amount of Matching Funds for Project: S623,482 Match Type: _Cash _Sweat Equity X Other Grants X Donations Identify Source of Match: Private FoundationsUnitdual Donations FY 2021 CDBG Funding Application Page 156 of 1906 8. Unduplicated Units Served (agency's definition)Alzheimer's Community Care identifies service recipients as "patients" and "caregivers". Patients refers to individuals who have been diagnosed with Alzheimer's disease or other neurocognitive disorder. Caregiver refers to a member of the patient's family who provides full-time care in the home for the patient. CDBG: (a) Total CDBG Funds Requested X25,000 (b) Total Unduplicated Units Served 300 (Explain how determined?) The Family Nurse Consultant program will provide services to 230 individuals residing in Boynton Beach(115 patients/115 caregivers). The ID Locator Service will provide 70 individuals (35 patients/35 caregivers) residing in Boynton Beach with services. Average CD Cost Per Unit (a/b) X83.33 TOTAL PROJECT: (a) Total Project 859,742.00__y (b) Total Unduplicated Units Served 2,908 (Explain how determined?) The Family Nurse Consultant Program provides services to 2,908 unduplicated individuals in Palm Beach County, (1,454 patients/1,454 caregivers). (c) Average Cost Per Unit (a/b) $4,133 9. is this project: A new service; or _X_A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee's Consolidate d Plan Annual Action Pian 10. Could this project occur without these funds? _Yes X No 11. Will this project continue after our funding ends? X Yes No FY 2021 CDBG Funding Application Page 157 of 1906 B. PROPOSED PROJECT: Project Description: in three sentences concisely describe your project. This description will be used in future publications should your application be approved. Limit to three sentences. The Family Nurse Consultant (FNC) program is the portal through which families access dementia-specific services and resources and is an essential component of a comprehensive, family-centered model of care for families living with Alzheimer's Disease. Family Nurse Consultants work directly with caregivers and patients, providing emotional support, disease education, practical guidance, and connections to community resources throughout all stages of the disease. For patients at risk of wandering, Family Nurse Consultants link families to Alzheimer's Community Care's ID Locator Services, a complementary service that relies on radiofrequency devices worn by patients and coordinated search and rescue efforts involving SafetyNet and local law enforcement. C. STRATEGY: Check the ONE STRATEGY that best describes your project and provide number of units that will be served under this program. Check One Specific Objective Number of Units This Project Will Serve Housing/Non-Housing Community Development Plan Economic Dev. Jobs Created. i __....__ ..... _ i Public Safety/Crime Prevention #of Programs: Public Facilities Facilities Impacted: Public Service Households/Persons: (please specify which) Senior Services Elderly Households/Persons: X (please specify which) 300 Elderly Persons .._._ ---- .--- ,.--- .... .:.......:®..:,i .....„..,..„............... __... .......m:.:,.,....m_.._......... - »:.. .......® ..,. _ Youth Programs Children/Youth: ._... 7 Special Activity by Community- Based Organization Other (Specify) FY 2021 CDSG Funding Application Page 158 of 1906 C. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency(and who,specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the CDBG funds are proposed to be used. (Attach additional sheets if necessary) The Family Nurse Consultant (FNC)program is the portal through which families access dementia-specific services and resources and is an essential component of a comprehensive, family-centered model of care for caregivers and patients living with Alzheimer's Disease (AD). FNCs, licensed nurses with specialized dementia-specific training, provide interventions and dementia-specific care for both the patient and the caregiver. The FNCs work directly with caregivers and patients, providing emotional support, disease education, practical guidance, and connections to community resources throughout all stages of the disease. FNCs are responsible for a wide variety of tasks that include staffing our 24-Hour Alzheimer's Crisis Line, conducting home visits, completing comprehensive patient/caregiver assessments, developing and providing care plans to maintain patient safety and caregiver wellbeing (including the ID Locator Service), educating and training caregivers, consulting with patient's physicians, facilitating bi-weekly Caregiver Support Groups, and providing ongoing interventions and assessments throughout all stages of the disease. FNCs also provide support for the growing number of Alzheimer's patients in our community who are living alone. The "Live-Alone Project" includes quarterly in-home visits, regular telephone calls, and linkages to dementia-specific trained peers called Care Buddies. These interventions are ensuring personal and public safety for"Live Alones"through oversight by the FNC and interventions provided by our network of care partners. Caregivers are encouraged to attend FNC-led Support Groups for professional guidance and peer support to better care for themselves and their loved ones. FNCs speak with medical expertise and listen with compassion. When Alzheimer's strikes, families are thrust into the role of caregiver with no training and minimal understanding of the disease. They are overwhelmed and often depressed. The guidance and support of the FNC Program ensures that every family has a trusted guide to help them navigate the disease. FNCs monitor patients and caregivers regularly, updating individualized care plans as indicated throughout the different stages of the disease progression. FNCs remain with the patient and family throughout the illness. Due to COVID-19, home-based visits were temporarily suspended. However, for those caregivers and patients who are vaccinated and feel comfortable, home visits have resumed. Additionally,FNCs schedule quarterly meetings by phone to monitor family needs and patient wellbeing. Based on the needs of each family and/or individual, FNCs also provide linkages to essential non-medical services that may include Meals on Wheels,public transportation assistance, Medicaid Managed Care and other community supports that help families meet basic needs throughout the Alzheimer's journey. During the initial visit,the FNC completes an evaluation of both the patient and the caregiver. A a comprehensive review of medical histories, current medications, financial status, and any relevant legal arrangements, like the power of attorney and/or health care proxy, is conducted. FNCs link families to the Organization's 1D Locator Services to help prevent wandering episodes and ensure timely rescues should an elopement occur. FY 2021 CABG Funding Application Page 159 of 1906 The FNC gathers needed data upon enrollment, entering it into ACC's Electronic Medical Records System (ADS). ACC has provided FNCs with tablets, allowing them to enter data directly into ADS, reducing the chance of transcribing errors. Data fields are validated to allow alpha or numeric input as indicated, also reducing entry errors. This system is a vital part of the Organization's programming, allowing all staff to access the latest information about the patient and family, particularly in crises. For example, a family who contacts the 24-Hour Alzheimer's Crisis Line after hours will speak to a nurse responding to the call with access to the most recent information, including current medications and health conditions. The information is available to all program staff, assuring that they can provide coordinated care because they are aware of all that is happening with the family. Case notes may be entered by FNCs or ID Locator staff, These notes paint a larger picture, detailing the interaction between staff and the family, alerting any staff working with the family about caregiver depression and frustration or complex patient behaviors.Notes include suggested strategies to overcome the issues allowing all staff to adopt a coordinated approach to care. Because many Alzheimer's patients will wander at some point during the disease, FNCs also evaluate a patient's risk and make a referral to Alzheimer's Community Care's ID Locator Program. More than 60% of Alzheimer's patients will wander at some point during the disease progression; FNCs and the ID Locator team work closely with local law enforcement to guard patients' safety and security. Through the ID Locator Service, patients at risk of wandering are equipped with lightweight radiofrequency tracking devices,worn like a watch, allowing patients to be found in minutes rather than hours, should a wandering episode occur. Furthennore, FNCs provide caregivers with safety recommendations to prevent wandering episodes with strategies that include door locks and alarms, behavioral redirection, and camouflaging doorways. These services are provided at no cost to the patient or caregiver. Greater public awareness of the dangers of wandering and becoming "lost on foot" compelled Alzheimer's Community Care to seek further action and new strategies to prevent the potentially tragic consequences of patient wandering. In 2013, grant funding was secured to pilot the ID Locator Services Program in Palm Beach County. Twenty (20)patients at high risk of wandering were identified and equipped with electronic ID Locator Bracelets (transmitters). Under the auspices of the Organization's Community Care Services, a part-time staff person managed the execution of this new service. Along with creating training and developing printed collateral materials, administrative duties included organizing the placement of devices within eligible families, managing an inventory of wrist bands and batteries (a three-month lifespan), and providing monthly reports to the Organization's leadership to evaluate program effectiveness. A partnership was formed with the Palm Beach County Sheriff's Office that retained the search and rescue equipment to locate the wearer of the transmitter. This device is commonly used in search and rescue operations and has a finder range of one (1) mile at ground level and five(5)to seven (7) miles by helicopter, within a 20-feet accuracy range. Data received from the pilot project was used to measure the effectiveness of locator devices as demonstrated through reduced time for search and rescue operations and to locate "lost on foot"patients, which effectively prevented injury and/or loss of life for Alzheimer's patients who wander. Due to the successful launch of this initiative, the ID Locator Service has continued to expand. As of June 30, 2021, more than 1,500 families have participated. One hundred percent(100°/x) of FY 2021 CDBG Funding Application Page 160 of 1906 all missing patients wearing an ID Locator Device have been found unharmed when a BOLO (Be on the Look Out)was triggered. Using these locator tools, Law Enforcement now has the resources to find wandering persons with Alzheimer's disease within minutes rather than hours. When a patient is fitted with their bracelet,Alzheimer's Community Care's ID Locator Director ensures that caregivers receive proper education on the bracelet's use and care. ID Locator staff monitors the ongoing operation and condition of the bracelet. While tracking and rescue is critical, it is equally essential to provide caregivers with training to prevent wandering episodes in the first place. When a patient is enrolled in the program, ID Locator staff conduct a home safety assessment,provides individual coaching and counseling, and gathers detailed information (including patient photo and physical details)to assist law enforcement should a patient become lost. Families learn to camouflage doors,hide keys, and, when indicated, install door and window alanns. (For families in need,Alzheimer's Community Care provides door and window alarms as part of the ID Locator Service to assure patient safety.) The caregiver is trained to recognize signs of wandering and to implement strategies that prevent potentially fatal events. Indeed,wandering has been significantly reduced for patients who have been enrolled in the ID Locator Service. Patients who do not meet the criteria for program enrollment or who are no longer a wandering risk (e.g. live alone,no longer ambulatory) may receive a metal medical alert bracelet with a unique identifying code that links to vital information as an additional safety measure. These services are essential for caregivers, especially during this time of uncertainty and added stress brought about by the COVID-19 pandemic. Since March 2020, FNCs have initiated vital COVID-19 wellness/reassurance outreach for caregivers, conducting 2,140 telephone conferences that provide the opportunity for engagement with caregivers during this stressful period. These health and wellness calls are assuring caregivers that they are not alone through the challenges of COVID-19. Caregivers are reassured that help is simply a telephone call away. CDBG funds will be used to provide funding for a portion of the salary for one Family Nurse Consultant who provides services in Boynton Beach. ACC will cover fringe benefits, and the remainder of the salary will be covered by other grants received. The hourly rate of pay for the Family Nurse Consultant is $26.27. With CDBG funding, the Family Nurse Consultant will provide 951 hours of service. Over 75% of families served are earning a low to moderate-income. This information is gathered at intake and recorded in the ADI system (electronic health record). Page 161 of 1906 Explain how this program fits with your mission The hallmark of Alzheimer's Community Care's model of care is the equal focus on the needs of both Alzheimer's patients and their family caregivers. The guidance and SuPPOrt of the Family Nurse Consultant Program ensures that every family has a trusted guide to help the navigate the disease. Since its establishment in 1996,Alzheimer's Community Care has res pc)-nded to calls for help from families in our community as they cope with the daily challenges of caring for their loved ones with Alzheimer's. Of primary importance has always been preserving the safety Of both the patient and the caregiver throughout the disease progression. From its inception, the Organization's Family Nurse Consultants (FNQ have worked closely with families to develop personalized care plans to address ever-changing issues, including patient wandering, and ensure family safety and wellbeing® How will it impact your current operation? CDBG funding will to Alzheimer's Community Care's Family Nurse Consultant and ID Locator Service to provide services to 300 families(150 patients/150 caregivers) diagnosed with Alzheimer's disease or a related neurocognitive disorders. How does this program relate to the Consolidated Plan Priority? More than twenty percent (20%) of residents of Boynton Beach are over the age of 65, 13.8% of those residents live below the poverty level. Without the no-cost support, encouragement , and care provided by Family Nurse Consultants and ID Locator service, caregivers and patients are vulnerable to severe health and safety incidents that can impact the entire community. Does this program serve a targeted neighborhood, who is the targeted population (at least 70% of the City's CDBG funds must directly benefit our low and moderate-income citizens)? While the Family Nurse Consultant and ID Locator Service do not target a specific neighborhood in Boynton each, most services (75%+) have been and will be for families who reside in economically disadvantaged neighborhoods for families whose earned income is well below the national poverty level. Will Program Income be generated from this activity? No Income is generated. Where will the Program take place? Family Nurse Consultant (FNC) Program brings vital resources and support to families coping with Alzheimer's disease or other dementia. Through quarterly home visits and ongoing communication via email and telephone, the nurse evaluates patient health and cognition and caregiver health, burden, and stress level. The FNC then creates a care plan ensuring the health and safety of the patient and caregiver. These plans often include Specialized Alzheimer's Day Care, which has the dual purpose of providing therapeutic care for the patient and life-saving respite for the caregiver. If indicated, families are referred to programs like Supplemental Nutrition Assistance Program (SNAP), Medicaid Long Term Managed Care, elder law attorneys, and home-delivered meals. Caregivers; are encouraged to attend FNC-led Support Groups for professional guidance and peer support to better care forte selves and their loved ones. FNCs speak with medical expertise and listen with compassion. They are an essential link to FY 2021 CDBG Funding Application Page 162 of 1906 community services and are available to the caregiver 24 hours a day, seven days a week through ACC's Alzheimer's Crisis Line. Additionally, FNCs are often consulted in the event of a lost/wandering patient, impending arrest, or unexpected changes in a patient's behavior. When Alzheimer's strikes, families are thrust into the role of caregiver with no training and minimal understanding of the disease. They are overwhelmed and often depressed. The guidance and support of the FNC Program ensure that every family has a trusted guide to help them navigate the disease. ID Locator staff meets with the family in the home or at the nearest Alzheimer's Community Care Specialized Day Service Center site (Delray Beach, Lake Worth, or Boca Raton) for monthly battery changes. Are you working with other organizations in a cooperative effort on the program? Effectively responding to the challenges facing individuals and families living with Alzheimer's disease(AD)requires a community-wide response. For over 25 years,Alzheimer's Community Care has been a catalyst for building community-based partnerships and proudly collaborates with numerous public and private entities to strengthen the safety net for patients and caregivers. Service partners include Palm Beach County Division of Senior Services that provides financial assistance for families to access community-based care; 211 Palm Beach County, serving as a partner for the Alzheimer's 24-Hour Crisis Line; Palm Beach County Sheriff s Department, assisting with rescue efforts with ACC's ID Locator Services and Florida's Silver Alert program; Area Agency on Aging,providing referrals and financial support for families in need of community-based support; Meals on Wheels, bringing meals to vulnerable families living with Alzheimer's disease; Veteran's Administration,providing funding for Day Care services to veterans afflicted with AD. The Organization also works closely with family physicians to coordinate care plans for patients and caregivers. Working together, we bring help and hope to hundreds of families as they navigate through the heartbreaking progression of AD, surrounding them with essential resources to live safely in the community and delay or eliminate the need for nursing home placement. FY 2021 CDBG Funding Application Page 163 of 1906 Goals/Objectives/Activity Measures: _...__.... _... ®...__... _..... Goal. Safety and Security Objective#1—No less than 95% of Alzheimer's patients equipped with ID Locator Bracelets who elope will be found in a timely manner and suffer no injuries. Last year, there were 25 reported elopements, and 100%were successfully recovered without injury. Objective#2—85% of family caregivers working with the FNC and ID Locator Service team will report learning new strategies to care for their loved ones at home (measured through quarterly follow-up interviews). Objective#3—80%receiving ID Locator training will provide post- evaluation responses of"agree" or "strongly agree"regarding the benefits of the training provided ................................ ... ............... Goal: Dignity and Integrity 6 Objective#1-85% of caregivers working with the FNC will report they are likely to continue caring for their loved one at home (measured on assessment form at the time of reassessment). i I Objective#2—80% of individuals will utilize one or more recommended community services and supports 1 Objective#3—80% of individuals will increase knowledge of and access to available health and community services. i FY 2021 CDBG Funding Application Page 164 of 1906 E. PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash,S=Sweat Equity,O=Other Grants, D=Donations beside each amount under"Applicant's Match"to denote the type of match being used. Line Item CDBG Funds Applicant's Other Project Total Project Requested Match Funds Budget ADMINISTRATION Q Personnel (#3 ) $25,000 $29,641.60(0) 539,669A0(0) 594,311 Payroll Taxes 45,465 O) 45,465aaW EmployeeBenefits 96,321(0) 96,321 Office Su plies 4,165(0) 4,165 n,,, _ Copy Supplies 860(0) 860 Postage ( 227(0) 227 Telephone (O p-rr...,..,. 14,006 ) 14,096—, Professional Services 0 0 Vehicle Fuel/Mileage 11,237(0) 11,237 Other(Insurance,etc.) 93,150(0) 93,150 PROGRAM: " Acquisition ,'tl Reconstruction Rehabilitation Installation , Other: l v.A $25,000 $29,641.60 805,100.40 859,742 TOTALS Page 165 of 1906 F. APPLICANT INFORMATION: (Provide a brief description of each) Capacity of Organization Alzheimer's Community Care (ACC) was founded in 1996 and is governed by its 11-member volunteer Board of Directors that oversees finance and policy. Mary M. Barnes, the CEO, reports to the Board and oversees activities necessary to carry out the Organization's mission. Ms. Barnes has been instrumental in developing a dementia-specific health care system at local and state levels, including the development of the Memory Disorder Center, Alzheimer's Medicaid Waiver Program, Florida Silver Alert, and the Specialized Alzheimer's Day Care Service Act. Ms. Barnes serves as a non-voting member of the Organization's Board of Directors. The Organization opened its first Alzheimer's Day Care Center in West Palm Beach in 1997. ACC now operates eight Specialized Alzheimer's Day Care Centers in Palm Beach County, serving over 400 patients and their family caregivers annually. All centers meet the rigorous standards set by the Specialized Alzheimer's Day Care Service Act signed into law in 2012. The programs provide dementia-specific,therapeutic care for up to 35 patients per center, per day. The Organization is also Accredited by the Joint Commission, the gold standard of health care, the first such accreditation for a community-based, dementia-specific organization in the nation. ACC is the only dementia-specific, community-based Organization in Florida that provides comprehensive care and resources for Alzheimer's patients and their family caregivers. The evidence-based model of care is designed to help patients remain as independent as possible for as long as possible. During their time at the center, patients experience structure, safety, and stimulation that helps stabilize symptoms and decrease the depression and isolation so often seen among patients and families living with Alzheimer's disease. ACC employs approximately 90 dementia-specific trained staff and is supported by 200+ community volunteers. The Organization employs 13 Administrative staff and three full-time fiscal staff. All staff, regardless of role, are dementia-trained within the first three months of employment. ACC is highly grateful to the countless volunteer hours donated each year. Some of our dedicated volunteers work weekly, bringing activities and joy to patients attending day care. Others provide behind-the-scenes clerical support, including answering phones and compiling Organization mailings. Our local Advisory Councils are composed of local volunteers who provide guidance and direction for the ACC's Board of Directors in the planning and implementing programs in areas like Boynton Beach with unique challenges and opportunities. Mission Statement Alzheimer's Community Care is dedicated to promoting and providing community-based, family-centered care for patients and their caregivers living with neurocognitive disorders through the belief, that where there is help, there is hope. FY 2021 CDBG Funding Application Page 166 of 1906 Prior Experience Since 1996, Alzheimer's Community Care has been dedicated to promoting and providing community-based, family-centered care for patients and their caregivers living with neurocognitive disorder. The Organization's model of care is rooted in evidence-based, dementia-specific principles that aim to keep the patient in the community for as long as possible, thereby avoiding or delaying nursing home care. Components of the model include 11 Specialized Alzheimer's Care and Service Centers (licensed under the Florida Specialized Alzheimer day care license, 429.918), 8 Family Nurse Consultants, a 24-Hour Crisis Line, nine bi-monthly Caregiver Support Groups, ID Locator Services (including medical bracelets, radiofrequency bracelets, & home safety devices), Case Management, Professional Education& Training, and Advocacy. The Organization has provided services for over 25 years and has received accreditation by the Joint Commission and Nonprofits First. We are proud to share that ninety-three cents of every dollar received goes towards direct services. Annual Budget $7,954,462 APPLICANT INFORMATION Staffing Mary M. Barnes has served as the Organization's leader since its inception in 1996 and continues to serve as the President and Chief Executive Officer. She has been working in the field of gerontology for her entire career and has been a leading advocate for Alzheimer's disease and related disorders (ADRD) since 1985. Under her leadership, community-based services have brought help and hope to thousands of families living with ADRD in South Florida. Dr. Karen Gilbert,DNP, RN, MS, CDP, Vice President of Education and Quality Assurance, oversees the Family Nurse Consultant Program. She has over 22 years of experience working with Alzheimer's patients and is a Certified Dementia Practitioner(CDP)through the National Council of Certified Dementia Practitioners. Dr. Gilbert is also a Certified Alzheimer's disease trainer. As such, she plans and delivers monthly in-service training to give all nursing and direct service staff knowledge of new and emerging care strategies for Alzheimer's patients and their family caregivers. Dr. Gilbert is assisted by the Director of Family Nurse Consultants (FNC). A licensed nurse with specialized training and expertise working with Alzheimer's patients and their family caregivers. Family Nurse Consultants (licensed nurses with dementia-specific care training) will provide person-centered assessments for wandering risk of patients and safety training for caregivers. A Director of Family Nurse Consultants supports nurses. Additionally, the Family Nurse Consultants work closely with two ID Locator Assistants, under the direction of the Director of ID Locator Services, who regularly monitors the safety of AD patients at high risk of wandering who are equipped with electronic locator devices. The ID Locator Services team is also responsible for educating caregivers, program partners, and the community about preventing and mitigating the wandering of AD patients. FY 2021 CDBG Funding Application Page 167 of 1906 Reporting Capabilities (include sample copy of form(s) used to capture client demographics, services provided,etc.) Do financial statements break down income and expenses by programs to follow revenue and disbursements? Is an Audit performed annually? (please see evaluation tools and reports attached to this application) Alzheimer's Community Care (ACC) has processes and policies in place to assure the integrity of data entered into the Organization's own Electronic Medical Records System. Every patient enrolled has a Family Nurse Consultant (FNC)that works with the family throughout the disease process to assure the health and safety of both the patient and the family caregiver. As part of their orientation process, FNCs are trained to gather all required information to open a case, including all necessary demographic data. The FNC gathers needed data upon enrollment, entering it into ACC's Electronic Medical Records System (ADS). ACC has provided FNCs with tablets, allowing them to enter data directly into ADS,reducing the chance of transcribing errors. Data fields are validated to allow alpha or numeric input as indicated, also reducing entry errors. This system is a vital part of the Organization's programming, allowing all staff to access the latest information about the patient and family, particularly in crises. For example, a family who contacts the 24-Hour Alzheimer's Crisis Line after hours will speak to a nurse responding to the call with access to the most recent information, including current medications and health conditions. The information is available to all program staff, assuring that they can provide coordinated care because they are aware of all that is happening with the family. Case notes may be entered by FNCs or ID Locator staff. These notes paint a larger picture, detailing the interaction between staff and the family, alerting any staff working with the family about caregiver depression and frustration or complex patient behaviors. Notes include suggested strategies to overcome the issues allowing all staff to adopt a coordinated approach to care. Because many Alzheimer's patients will wander at some point during the disease, FNCs also evaluate a patient's risk and make a referral to Alzheimer's Community Care's ID Locator Program. As an organization, we measure the effectiveness of caregiver services and respite through the administration the Zarit Burden Interview. The Zarit Burden Interview is one of the most commonly used and accepted instruments to assess the caregiving burden. Upon enrollment, we have identified that caregivers typically have a Zarit Burden score indicative of a high burden. However, the longer a patient was enrolled in services,the lower the Zarit Burden score became. Through data collected, Alzheimer's Community Care identified patient falls as a significant risk. Alzheimer's disease impacts the brain in various ways and often affects the area most associated with balance. Additionally, patients lose depth perception as the disease progresses. Concerned with this growing safety issue, the Organization established a robust approach to decreasing fall risk. Individual patient fall risk is evaluated upon enrollment and at least annually. Most patients are evaluated more often as the need is indicated, often due to a fall at home. The staff works closely with families to help them implement individualized safety strategies at home. As a result of these strategies, the Organization has seen a significant reduction in falls at the day centers and family homes. This strategy is an essential tool to keep Alzheimer's patients living in safety in the community. Too often, a broken bone can lead to the long-term nursing home placement and patient cognitive decline. FY 2021 CDBG Funding Application Page 168 of 1906 The Organization's Finance Department is overseen by the Vice President of Finance and reports to the Standing Finance Committee and Board of Directors during routine meetings. All financial records reflect income and expenses and are broken down by program. The Organization is audited on an annual basis by an independent auditor and overseen by the Audit Committee who reports directly to the Board of Directors. Governing Body Profile (Does Board membership reflect the community as regards ethnicity, gender and representative of the population served? Is Board Orientation conducted for new members? How often does the Board meet? include Board Member list) Alzheimer's Community Care's 11-member Board of Directors is 15% racial/ethnic minority. In addition, the Board brings a diverse set of backgrounds, skills, and viewpoints to assure that the Organization will appropriately meet the needs of families served. As a part of governance,the Board of Directors reviews policies related to hiring,training and retaining staff,to assure that staff will reflect the region's demographics. Board member orientation is conducted for new members. The Board of Directors meets eight times per year. 2020-2021 Board of Directors Robert J. Gorman, Esq., Attorney-Litigation/Risk Management G. Mark Shalloway, Esq, Elder Law Attorney Randy K. Johnson, Sr., Business Owner-Telephone Communications Kevin P. Wrenne, Executive Director—Long Term Care Mgt. Judith B. Rappaport, CSA, Certified Senior Advisor—Geriatric Care Mgr. Clark D. Bennett, Retired Public Finance William Armstead, CEO Boys & Girls Club, SLC Bonney A. Johnson, CTFA, Senior Vice President, Senior Trust Officer Robert K. Rollins, Insurance/Risk Management Linda Spielmann, American Cancer Society Peter A. Sachs,Attorney--Estate Planning Deborah A. Diaz, Retired/Accountant David E. Dangerfield, Retired Eric Jablin, Former Mayor, City of Palm Beach Gardens Retired Tenna Wiles, Retired FY 2021 CDBG Funding Application Page 169 of 1906 G. Conflict of Interest Federal law(24 CFR 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant—or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity...either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? Yes X No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes _X No If yes, please list names: FY 2021 CDBG Funding Application Page 170 of 1906 The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Name: MaJ v M. Barnes Signat y n j Title: President &CEO Date: , FY 2021 CDBG Funding Application Page 171 of 1906 loternal ReVenue Service Depaftmerit-of the Treasury P. 0-.'S.-Qx 2508 - - Cincinnati,-01-1 0201 .Date: June 5,2003. Person to Contact: Mse Dalton 31-079,67: Customer Servica_Reprps.0(.jtatiV.e AlzheiMors Com M.Lihity-Cara.I'n.c Toll Free WOO one Number: 800 Northpoint PKWY 8TE 1ai B440.&M.to.6,131)'P.M.fST . . W Pailm Rep6h, FL 33.407-1.9.78 877-829,5500 Fax Nuinber, 513-26:3- 756' Federal: 13-2. 644756- Pederal:Identific;PtIon Number: 31w148f653 Dear Madgffi: This is in response to your request of June 5., 2003 regarding your organization's tax exempt ttatus. Our records indicate that a determination letter issued in-November 1�996 granted you.rorganizatipn.exemption i from-federal inponrio:tax under section,561(p)(3)of' 'tbe': -Intemal.Revenue Code:. T1iat letter is:.s,till In-.,qffeQt. Based:on informa.liq0 $,ubseqVently-submitted, we,t1assifiedyour org' 'zation.as one-that Is.not a,private. pnl foundaflon within the Meaning Qf-sjecti , Qq( of I because Js an organization described in section NO. This classification was based-on the atguMption,that,yot4r organization.'s-operations Wo wid contin Ve�as.sta ted inthe ,�pplicaljom If yourorganizations sources of-support, or its character. methad of:operations,:or .purposes have changed, please.let us know so,wacan consider the effectipf tape;change on the exempt status. and foundation status of your organization. Your organization is,required to..file Form 990, Return of Orgarii4tion fixempj:fro ax. .m.-(ricome.T only if its, V0.68 receipts each,year are normally more than.$-25,000. '00:return is required it rn . ustbk:.filedby the 15th day of the fifth Month after the e.!id-of the;organization's annual ac. . n' po".ting period. Thejaw Imposes a perialty. of$29.6 day, up.:to a maximum pf$1 Q,UQQ,.when.ajeturn is filed late,.vnIess there is,reasonablecause-forlthe. delay. All exempt organizations (Unless specifically excluded:)are iiable4dr;taxes under,the Federal Insurance Contributions Act(soc.ial:security taxes)an remuneration of$10A Qtr' rr) -paid to employes mployea during.a. Qre calendar-year, Your organization].%not liable fort the IaX imposed underj�ha.Federal Unamp].Oymen(Tax Act (FUTA). Organizations that r are not privatefgundationSrare not subject to theexci$.e taxes.under Chapter 42,ofthe. Code,:: However,these organizations are not automatically warript,from other federal excise taxes Donors may deduct contributions to your-organization:as provided in section 170 of the Cod.e� Bequests, legacies, devises,:transfers, or gifts` your organik til federal es to a on.ort'dr,its use are deductible for 1`6(10rall; late Land gift tax purposes if they meet the applicable:provisions of sections 2055, 21 K, and 2522 of the Code. Page 172 of 1906 Page 173 of 1906 ALZHEIMERS COMMUNITY 'rrilrg �'Ful Shun-110(4 BOARD OF DIRECTORS 1. Robert J. Gorman, Esq., Chair 4. Kevin P. Wrenne, Secretary Robert J. Gorman, P.A. Banyan Place 1209 Delaware Avenue 2950 N.W. 5th Avenue Ft. Pierce, FL 34950 Boca Raton, FL 33431 W Ph: 772-465-5311 W Ph: 561-347-8833 Cell: 772-971-1249 Cell: 561-419-5500 W Fax: 772-465-5722 Email: kwrenne@banyanplace.org Email: coni@rigpa.com Executive Director—Long Term Care Mgt. Attorney-Litigation/ Member since 2012 Risk Management Member since 2005 S. Judith B. Rappaport, CSA, Immediate Past Chair 2. G. Mark Shalloway, Esq.,Vice Chair Preferred Lifestyle Services (Past Chair) 8773 Wakefield Drive Shalloway &Shalloway, P.A. Palm Beach Gardens, FL 33410 1400 Centrepark Blvd., Suite 600 Cell: 561-6446430 West Palm Beach, FL 33401 Fax: 561-575-2582 W Ph: 561-686-6200 Email: jr@prefsvcs.com H. Ph: 561-776-2364 Certified Senior Advisor—Geriatric Care Mgr. Cell: 561-301-3481 Member since 2008 W Fax: 561-686-0303 Email: marks(Zshallow�+.com 6. Clark D. Bennett Elder Law Attorney (Past Chair) Member since 1996 14454 Caloosa Blvd. Palm Beach Gardens, FL 33418 3. Randy K. Johnson, Sr.,Treasurer Cell: 561-346-6081 Communications by Johnson Email: cdb@spectmunicipal.com 1900 W. 23rd Street Retired Public Finance Riviera Beach, FL 33404 Member since 2006 W Ph: 561-848-9393 x 201 Cell: 561-644-7070 7. William Armstead H Ph: 561-842-0008 3440 SW Porpoise Drive W Fax: 561-845-6749 Stuart, FL 34997 Email: mri@commbyjohnson.com W Ph: 772-460-9918 Business Owner-Telephone Cell: 772-577-8630 Communications Email: warmsteadS ,Ncofslc.orR Member since 2000 CEO Boys& Girls Club,SLC Member since March 2013 Page 174 of 1906 Page 175 of 1906 8. Bonney A.Johnson, CTFA 12. Deborah A. Diaz Bank of America Private Bank 129 Moccasin Trail S. 900 S.E. Federal Highway, #210 Jupiter, FL 33458 Stuart, FL 34994 Cell: 561-346-0817 W Ph: 772-403-1623 Email: dadiaz1013i �comcast.net_ Cell: 772-341-0486 Retired/Accountant W Fax: 772-403-1617 Member since 2019 Email: bonnet'johnsonbofa cam. Senior Vice President 13. David E. Dangerfield Senior Trust Officer 1048 NE Quinn Place Member since 2013 Jensen Beach, FL 34957 Cell: 561-756-2409 9. Robert K. Rollins Email: danerfd% comcast.net Beacon Group Inc. Member since 2019 6001 Broken Sound Parkway, NW Suite 500 14. Eric Jablin Boca Raton, FL 33487 Former Mayor, City of Palm Beach Gardens W Ph: 561-994-9994 ext. 109 Retired Cell: 561-289-5224 184 Thornton Drive W Fax: 561-997-7087 Palm Beach Gardens, FL 33418 Email: rrollins�" beacon-rou inc.com Cell. 561-329-1353 Insurance/Risk Management Email: eiablin@gmail.com Member Since: 2017 Member since 2020 10. Linda Spielmann American Cancer Society 15.Tenna Wiles 621 Clearwater Park Rd. Retired West Palm Beach, FL 33401 12313 SW Lake Fern Circle Cell: 561-716-1363 Port St. Lucie, FL 34987 Email: linda.sielmann cancer.or Cell: 561-523-7057 Member since 2018 Email:tenn2402att.net 11. Peter A. Sachs 16. Mary M. Barnes Jones, Foster, Johnston & Stubbs Alzheimer's Community Care 505 South Flagler Drive,Suite 1100 800 Northpoint Parkway, Suite 101-B West Palm Beach, FL 33401 West Palm Beach, FL 33407 W Ph:561-659-3000 W Ph: 561-683-2700 Email: sachs@ponesfoster.com Cell: 561-346-5331 Attorney—Estate Planning W Fax: 561-683-7600 Member since 2018 Email: mbarnes,0oalzcare.or President and CEO Page 176 of 1906 Page 177 of 1906 i i m AMENDMENT NO. 'I TO ARTICLES OF INCORPORATION OF {Q ALZHEIMER'S COMMUNITY CARE ASSOCIATION OF 41y PALM BEACH AND MARTIN COUNTIES, INC. 06 i A Florida Corporation Not for Profit i ALZHEIMER'S COMMUNITY CARE ASSOCIATION OF PALM BEACH AND MARTIN COUNTIES, INC., a Florida corporation not for profit, under-its corporate seal i and the hands of its President, hereby certifies that: i Upon the proposal of the Board of Directors of the corporation, the foiiowirg I i resolution was duly and unanimously adopted by the Members of the corporation, at the i Annual Medting of Members held on December 5, 2001, and the number of votes cast i for the amendment by the Members of the corporation was sufficient for approval, to-wit: T I RESOLVED, that, effective on the date of filing with the Department of State of Florida, the Certificate of Incorporation of Alzheimer's Community i Care Association of Palm Beach and Martin Counties, Inc., which was approved and filed in the office of the Secretary of State at Tallahassee, Florida, on October 8, 1996, be amended by striking Paragraph 1 thereof in its entirety and by substituting therefor the following: 1. The name of the corporation is ALZHEIMER'S COMMUNITY CARE, INC. i IN WITNESS WHEREOF, said corporation has caused this Certificate to be signed in its name by its President this,.,) l -day of December, 2001. I ALZHEIMER'S COMMUNITY CARE i ASSOCIATION OF PALM BEACH AND MARTIN COUNTIES, INC. i (CORPORATE SEAL) '.. � By__ John B. McCacken, President i NNOW1B026a_1%Anendment-Adcles.D4C 1 ,� I i I i Page 178 of 1906 ARTICLES OF INCORPORATION FOR ALZHEIMER'S COMMUNITY CARE ASSOCIATION OF PALM BEACH AND MARTIN COUNTIES, INC. (A CORPORATION NOT FOR PROFIT) The undersigned, acting as incorporator under the Florida Not for Profit Corporation Act, (Florida Statutes Chapter 617) adopts the following Articles of Incorporation for ALZHEIMER'S COMMUNITY CARE ASSOCIATION OF PALM BEACH AND MARTIN COUNTIES, INC. 1. The name of the corporation is ALZHEIMER'S COMMUNITY CARE ASSOCIATION OF PALM BEACH AND MARTIN COUNTIES, INC. 2 . The corporation's duration shall be perpetual. 3. The objectives and purposes of this corporation are to operate and constitute itself as a charitable corporation within the meaning of Section 501(c) (3) of the Internal Revenue Code of 1986, as amended from time to time, and, in particular, to Provide assistance to the citizens of Palm Beach County, Florida, and Martin County, Florida, who suffer from Alzheimer's disease or related disorders, their caregivers and families, and to the public by: a. Provision of patient, family and caregiver services.. To provide guidance and support for the afflicted and their families . b. Development of affordable long-term care. To provide affordable day care and overnight respite cars. C. Provision of education and training. To educate the public, help family support groups and promote research. d. Public awareness and support. To publicize the Page 179 of 1906 i i i I # medical, social, psychological and financial needs of 1 the affected and to strive for public education to j ! ameliorate the problems associated with Alzeimer•s disease and related disorders. s e. Addressing mutli-cultural issues. To increase the representation of minorities on staff and in program participation. i if. Development of sound financial organization. To build an organization capable of addressing funding revenues needs to meet the challenges of the Corporation's purposes. g. Promotion of research. To encourage and support research into the causes, improved diagnosis, cures for, and prevention of Alzheimer's disease and related i disorders. i 4. The qualifications for members and the manner of their admission shall be as provided by the By-Laws of the corporation. a 5. The corporation shall have no authority to issue stock and a shall not issue any stock. e 6. The corporation's initial registered office is: 2200 Corporate Boulevard, N.W. , Suite 401, Boca Raton, Florida 33431. 7. The name of the corporation's initial registered agent at this address is HCRM Corp. , a Florida corporation. 1 8. The number of directors constituting the initial board of directors is six (6) and their naives and addresses are: Address Jack Bahen 9020 Villa Portofino Circle Boca Raton, Florida 33496 Fred Kroll 11289 Piping Rock Drive Boynton Beach, Florida 33437 James Fragakis Gregory P.O. Box 2326 West Palm Beach, Florida 33402 Joseph Tammany 899 S.E. 2nd Avenue Deerfield Beach, Florida 33441. 2 F:\UPDATAIGARV9ISC\ART1 Page 180 of 1906 i Carmen Miller 2630 Spice Berry Lane r Boynton Beach, FL 33436 Gaston Jones 1100 S.W. Shoreline Drive Sandhill Cove, Apt. 308 Palm City, FL 34590 9. The name and address of the incorporator is: Name Address Mary M. Barnes 1861 Wood Fern Drive Boynton Beach, Florida 33436 10. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, its members, directors, Officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article 3 hereof, No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code of 1986, as amended from time to time (or the corresponding provision of any E future United States Internal Revenue Law) , or (b) by a f corporation, contributions to which are deductible under section ' 3 - F:IYPDATAIDARINISCIARM iPage 181 of 1906 1 t 170(c) (2) of the Internal Revenue Code of 1966, as amended from t time to time (or the corresponding provision of any future tjnited States Internal Revenue Law) . I 11. Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provision for thea g yment of the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation i 3 in such manner, or to such organization or organizations organized 5 and operated exclusively for charitable, educational,' religiaus, or s scientific purposes as shall at the time qualify as an exempt organization or organizations under section 501(c) (3) of the Internal Revenue Code of 1986, as amended from time to time (or the corresponding provision of any future United States Internal I Revenue Law) , as the Board of Directors shall determine. Any such f assets not so disposed of shall be disposed of by the Circuit Court of. the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. F 12 . The date of commencement of the corporate existence of I the corporation p pursuant to section 617 .0203 of the Florida t Statutes shall be upon the date of filing of these Articles of Incorporation with the Department of State. 13. The manner in which the directors shall be elected or appointed i is as stated in the bylaws. 14. The principal office address of the corporation shall be, 707 Chillingworth Drive, Suite 12, West Palm Beach, Florida 33409, and the mailing address shall be the same. i ® 4 — FAWPOATAlOMMISC\ART1 Page 182 of 1906 a I Executed and subscribed at Boca Raton, Florida on October 1996. ary arae s OTARI CERTI ICATE STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Articles of Incorporation of ALZHEIMER'S COMMI1NITy CARE ASSOCIATION OF PALM BEACH AND MART N COUNTIES, INC. was sworn to and acknowledged before me this day of October, 1996, by Mary M. Barnes. 1 i SEAL i a tL Notary Signature pOV pVIU A RIG Fi 41"�DA NCMAV PUBLIC SCATR COMM WON NO CC32W41S M � Name-Type or Print Notary Public Serial Number: My Commission expires: Personally Known OR Produced Identification Type of Identification Produced __ SIO -tom �c y,`.� `r• L,`c C4 i i A i i a i i a ! 5 F:WDATA\DARIMISCWTI s 1 I i Page 183 of 1906 I f F 1 } { ifS Acceoance of Reistered Agent HCRM CORP. hereby accepts the above appointment as registered agent of ALZHEIMER`S COMMUNITY CARE ASSOCIATION OF PALM BEACH AND MARTIN COUNTIES, INC. and acknowledges that it is familiar with the obligations of that position. i HCRM CORP Y: D A. RIGGS� IL S.`r, � STATE OF FLORIDA COUNTY OF PALM BEACH f [ The foregoing Acceptance of Registered Agent was acknowledged I before the by DAVID A. RIGGS as Vice President of HCRM Corp, on this 7th day of October, 1996, on behalf of the Corporation_ 4 N nary Public y cO=ission expires: i { ,. JuDnw i.° MY cwmwa 0 cc Sze Bondrd Then fio0ry p� f � � t S � 1cp\accept.hc 4 i Page 184 of 1906 Page 185 of 1906 Audited Consolidated Financial Statements And Supplementary Information Alzheimer's Community Care, Inc. and Subsidiary June 30, 2020 and 2019 I CALER, DONTEN, LEVINE, COHEN PORTER & VEIL P.A. CERTIFIED PUBLIC ACCOUNTANTS .. ... r-CU-71188 Uf 906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY AUDITED CONSOLIDATED FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION JUNE 30,2020 AND 2019 INDEPENDENTAUDITOR'S REPORT..................................................................................................................1 AUDITED CONSOLIDATED FINANCIAL STATEMENTS Consolidated Statements of Financial Position......................................................................................................3 Consolidated Statements of Activities.....................................................................................................................4 Consolidated Statements of Functional Expenses..................................................................................................5 Consolidated Statements of Cash Flows.................................................................................................................9 Notes to Consolidated Financial Statements........................................................................................................10 CONSOLIDATING INFORMATION Consolidating Statements of Financial Position...................................................................................................23 Consolidating Statements of Activities..................................................................................................................25 Consolidating Statements of Cash Flows..............................................................................................................27 Page 187 of 1906 I CAMER,DONTEN,LEVINE, COHEN,PORTER&VEiM,P.,A,. CERTIFIED PUBLIC ACCOUNTANTS WILLIAM K.CALER,JR,CPA 505 SOUTH FLAGLER DRIVE,SUITE 900 MEMBERS LAURA E.CLARK,CPA WEST PALM BEACH,FL 3MOI-5948 AW- RICAN INSTITUTE OF LOUIS M.COHEN,CPA TELEPHONE: (561)832-9292 CERT'FIED PUBLIC ACCOUNTANTS JOHN C.COURTNEY,CPA,JD DAVID S.DONTEN,CPA 759 SW FEDERAL HIGHWAY,SUITE 301 FLORIDA Wb ITTUTE OF JAMES B.ERTTC[f f.SON,CPA =ART,FL 39994-1019 CERT=1D PUBLIC ACCOUNTANTS JOEL H.LEVINE,CPA TELEPHONE: (772)872-2123 PATRICK E.MANGAN,CPA JAMES F.MULLEN,IV,CPA info@cdlcpa.com MICHAEL J.NALEZYTY,CPA THOMAS A.PENCE,JA,CPA SCOTT L.PORTER,CPA MARK D.VEIL,CPA MARTIN R.WOODS,CPA Inde pendent Auditor's ReL�)ort To the Board of Directors Alzheimer's Community Care,Inc.and Subsidiary West Palm Beach,Florida We have audited the accompanying consolidated financial statements of Alzheimer's Community Care, Inc. and Subsidiary (the "Organization', a not-for-profit organization),which comprise the consolidated statements of financial position as of June 30, 2020 and 2019, and the related consolidated statements of activities, functional expenses and cash flows for the years then ended, and the related notes to the consolidated financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these consolidated financial statements in accordance with U.S. generally accepted accounting principles; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of consolidated financial statements that are free from material misstatement,whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these consolidated financial statements based on our audits. We conducted our audits in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the consolidated financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the consolidated financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the consolidated financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entitys preparation and fair presentation of the consolidated financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the consolidated financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 1 Page 188 of 1906 Opinion In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of Alzheimer's Community Care, Inc. and Subsidiary as of June 30, 2020 and 2019, and the changes in their net assets and their cash flows for the years then ended in accordance with U.S. generally accepted accounting principles. Report on Supplementary Information Our audits were conducted for the purpose of forming an opinion on the consolidated financial statements as a whole. The consolidating information on pages 23 through 28 is presented for purposes of additional analysis and is not a required part of the consolidated financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the consolidated financial statements. The information has been subjected to the auditing procedures applied in the audit of the consolidated financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the consolidated financial statements or to the consolidated financial statements themselves, and other additional procedures in accordance with U.S. generally accepted auditing standards. In our opinion, the consolidating information is fairly stated,in all material respects, in relation to the consolidated financial statements as a whole. Economic Risk and Uncertainty As discussed in Note L to the consolidated financial statements, the people and economies of the United States and other countries were significantly impacted by the coronavirus (COVID-19) global pandemic. The severity and duration of the disease are presently uncertain and the ultimate effects of the pandemic on the Organizations operations and financial position cannot presently be determined. Accordingly,no provisions for any implications of the pandemic have been made in the consolidated financial statements. Our opinion isnot modified with respect to this matter. C,Ct,C.li{� ,CJ�6'vt�P�7'1� West Palm Beach,Florida !r � � RA, November 3,2020 2 Page 189 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATED STATEMENTS OF FINANCIAL POSITION June 30,2020 and 2019 2020 2019 ASSETS CURRENT ASSETS Cash $ 1,258,312 $ 507,057 Investments 7,748,945 6,517,196 Accounts receivable,net of allowance for doubtful accounts of$5,796 for 2020 and$13,187 for 2019 823,627 1,351,960 Prepaid expenses 114,158 102,620 TOTAL CURRENT ASSETS 9,945,042 8,478,833 PROPERTY AND EQUIPMENT,net 2,242,720 1,902,223 OTHER ASSETS Deposits and other assets 8,837 8,087 Long-term investments 60,643 60,643 69,480 68,730 $ 12.257,242 $ 10,449,786 LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable $ 55,711 $ 150,563 Accrued expenses 220,832 202,254 Deferred revenue _ 5,000 Current portion of loan payable 469,108 _ TOTAL CURRENT LIABILITIES 745,651 357,817 LOAN PAYABLE,net of current portion 476,614 - TOTAL LIABILITIES 1,222,265 357,817 NET ASSETS Without donor restrictions 10,614,169 9,622,384 With donor restrictions 420,808 469,585 TOTAL NET ASSETS 11,034,977 10,091,969 $ 12,257,242 $ 10,449,786 See notes to consolidated financial statements. 3 Page 190 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATED STATEMENTS OF ACTIVITIES Years Ended June 30,2020 and 2019 2020 2019 CHANGES IN NET ASSETS WITHOUT DONOR RESTRICTIONS Revenues and Other Support Program services $ 4,715,740 $ 5,856,556 Contributions 2,241,226 1,182,744 Government grants 629,339 762,992 United Way 245,558 228,938 Special events 288,995 182,201 Net investment income 452,913 382,489 Other revenue 14,990 81,365 Net assets released from restrictions 551,287 307,800 Total revenues and other support 9,140,048 8,985,085 Expenses Program services Special program Daycare 5,180,338 5,298,581 Patient and family services Family consultants 1,111,060 941,367 Case management 289,964 293,093 Crisis line 36,915 36,099 Other services Education and training 470,760 459,264 Volunteer services 46,464 39,934 ID locator bracelets 302,516 230,306 Total program services 7,438,017 7,298,644 Supporting services Management and general 235,558 258,244 Fundraising 474,688 406,317 Total supporting services 710,246 664,561 Total expenses 8,148,263 7,963,205 INCREASE IN NET ASSETS WITHOUT DONOR RESTRICTIONS 991,785 1,021,880 CHANGES IN NET ASSETS WITH DONOR RESTRICTIONS Contributions 502,510 374,586 Net assets released from restrictions (551,287) (307,800) INCREASE(DECREASE)IN NET ASSETS WITH DONOR RESTRICTIONS (48,777) 66,786 INCREASE IN NET ASSETS 943,008 1,088,666 Net assets at beginning of year 10,091,969 9,003,303 Net assets at end of year $ 11,034,977 $ 10,091,969 See notes to consolidated financial statements. 4 Page 191 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATED STATEMENT OF FUNCTIONAL EXPENSES Year Ended June 30,2020 Prof;ram Services Special Program Patient and Famil SServices Family Case Crisis Education Daycare Consultants Management Line and Training Salaries $ 2,706,608 $ 635,191 $ 185,008 $ 18,333 $ 311,183 Contract labor 104,634 6,167 1,544 287 2,429 Employee benefits 323,900 87,719 18,023 2,580 27,805 Payroll taxes 191,080 56,437 13,422 1,346 23,586 Total personnel and related expenses 3,326,222 785,514 217,997 22,546 365,003 Interest expense 22 7 2 - 3 Professional fees 131,859 42,298 10,625 1,946 26,485 Office supplies and stationary 28,2.70 11,955 3,469 761 4,384 Telephone 94,541 27,642 7,156 5,147 6,482 Postage and shipping 6,043 1,828 621 77 693 Occupancy Rent 258,987 68,652 12,529 854 7,233 In-kind rent 305,909 45,077 7,879 1,463 12,397 Utilities and other 9,331 2,786 380 1 10 Equipment maintenance 233,587 56,210 13,619 1,513 13,147 Travel 16,416 14,942 3,753 163 6,602 Conferences and meetings 3,768 1,212 292 54 997 Publicity,advertising and educational outreach 77,308 24,023 6,015 1,117 9,464 Recruiting 1,608 988 228 8 200 Program food 316,988 82 - - - Program supplies 157,091 1,165 284 37 2,378 Insurance 79,127 17,011 4,235 784 6,671 Miscellaneous 32,665 7,381 307 338 4,881 Hospitality services 6,770 2,151 539 100 3,676 Depreciation and amortization 93,826 136 34 6 54 Total expenses $ 5,180.338 $ 1,111,060 $ 289,964 $ 36,915 $ 470„760 5 Page 192 of 1906 Program Services Supporting Services Other Services Total Management Total Volunteer ID Locator Program and Supporting Total Services Bracelets Services General Fundraising Services Expenses $ 28,762 $ 161,178 $ 4,046,263 $ 130,745 $ 197,771 $ 328,516 $ 4,374,779 269 1,117 116,447 384 6,850 7,234 123,681 2,907 23,538 486,472 17,223 16,721 33,944 520,416 2,187 11,656 299,714 9,641 15,204 24,845 324,559 34,125 197,489 4,948,896 157,993 236,546 394,539 5,343,435 1 35 1 1 2 37 1,828 7,634 222,675 11,819 20,207 32,026 254,701 494 14,370 63,703 2,849 39,570 42,419 106,122 166 5,406 146,540 4,577 5,462 10,039 156,579 168 568 9,998 1,428 4,424 5,852 15,850 802 12,343 361,400 11,537 11,654 23,191 384,591 1,375 5,701 379,801 5,125 6,380 11,505 391,306 1 496 13,005 35 360 395 13,400 1,432 9,598 329,106 10,859 10,890 21,749 350,855 508 3,483 45,867 1,536 3,806 5,342 51,209 51 211 6,585 275 2,325 2,600 9,185 1,050 4,352 123,329 4,097 10,188 14,285 137,614 94 106 3,232 84 654 738 3,970 - 27 317,097 458 - 458 317,555 1,177 35,959 198,091 39 3,539 3,578 201,669 739 3,069 111,636 11,951 3,431 15,382 127,018 2,354 1,288 49,214 1,951 9,810 11,761 60,975 94 390 13,720 3,685 105,413 109,098 122,818 6 25 94,087 5,259 28 5,287 99,374 $ 46,464 $ 302s516 $ 7,438,017 $ 235,558 $ 474,688 $ 710,246 $ 8,148,263 See notes to consolidated financial statements. 6 Page 193 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATED STATEMENT OF FUNCTIONAL EXPENSES Year Ended June 30,2019 Program Services Special Program Patient and Family Services Family Case Crisis Education Daycare Consultants Management Line and Training Salaries $ 2,529,923 $ 535,508 $ 177,455 $ 21,986 $ 260,925 Contract labor 182,217 2,680 902 104 1,521 Employee benefits 338,950 83,343 26,279 2,450 28,760 Payroll taxes 179,616 46,268 13,172 1,598 19,038 Total personnel and related expenses 3,230,706 667,799 217,808 26,138 310,244 Interest expense 68 15 5 1 8 Bad debt expense 1,157 251 85 10 143 Professional fees 128,376 26,053 8,768 1,015 14,786 Office supplies and stationary 25,539 9,015 3,030 442 8,641 Telephone 88,764 20,221 6,352 4,129 9,123 Postage and shipping 6,745 1,489 424 50 815 Occupancy Rent 257,454 63,486 12,431 569 8,295 In-kind rent 333,661 45,738 11,110 1,286 18,737 Utilities and other 11,315 2,483 431 1 7 Equipment maintenance 287,018 38,527 9,270 353 5,197 Travel 13,298 13,992 7,410 128 5,934 Conferences and meetings 3,151 610 199 23 2,406 Publicity,advertising and educational outreach 85,878 18,633 6,271 726 10,914 Recruiting 3,768 927 478 12 179 Program food 347,381 - - - Program supplies 167,160 695 228 20 1,546 Insurance 79,989 12,161 4,093 474 6,902 Miscellaneous 35,086 5,538 78 187 7,372 Hospitality services 30154$ 6,461 2,174 252 43,887 Depreciation and amortization 161,519 7,273 2,448 283 4,128 Total expenses $ 5,298,581 $ 941,367 $ 293,093 $ 36;099 $ 459,264 7 Page 194 of 1906 Program Services Supporting Services Other Services Total Management Total Volunteer ID Locator Program and Supporting Total Services Bracelets Services General Fundraising Services Expenses $ 25,661 $ 134,821 $ 3,686,279 $ 132,377 $ 191,488 $ 323,865 $ 4,010,144 142 671 188,237 - 794 794 189,031. 3,067 18,755 501,604 16,808 16,732 33,540 535,144 1,909 9,907 271,508 9,572 14,408 23,980 295,488 30,779 164,154 4,647,628 158,757 223,422 382,179 5,029,807 1 3 101 3 4 7 108 13 57 1,716 299 74 373 2,089 1,385 5,872 186,255 12,968 14,756 27,724 213,979 - 2,626 49,293 2,281 49,128 51,409 100,702 302 4,216 133,107 4,196 5,769 9,965 143,072 69 353 9,945 395 2,813 3,208 13,153 777 12,101 355,113 11,349 11,846 23,195 378,308 1,755 7,441 419,728 13,284 9,787 23,071 442,799 1 300 14,538 189 483 672 15,210 406 7,402 348,173 10,674 8,770 19,444 367,617 463 4,067 45,292 1,152 4,362 5,514 50,806 32 134 6,555 238 1,156 1,394 7,949 990 4,200 127,612 4,183 7,635 11,818 139,430 - 127 5,491 101 389 490 5,981 - - 347,381 - - - 347,381 10 10,109 179,768 3,732 4,913 8,645 188,413 646 2,741 107,006 3,421 3,605 7,026 114,032 1,575 1,204 51,040 21,348 7,518 28,866 79,906 343 1,560 85,225 4,112 47,731 51,843 137,068 387 1,639 177,677 5,562 2,156 7,718 185,395 $ 39,934 $ 230,306 $ 7,298,644 $ 258,244 $ 406,317 $_664,561 $ 7,963,205 See notes to consolidated financial statements. 8 Page 195 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATED STATEMENTS OF CASH FLOWS Years Ended June 30,2020 and 2019 2020 2019 OPERATING ACTIVITIES Increase in net assets $ 943,008 $ 1,088,666 Adjustments to reconcile increase in net assets to net cash provided by operating activities Depreciation and amortization 99,374 185,395 Provision for doubtful accounts (7,391) 2,089 Realized and unrealized gains (306,365) (258,795) Changes in operating assets and liabilities Accounts receivable 535,724 (344,596) Prepaid expenses (11,538) (38,510) Deposits and other assets (750) 4,140 Accounts payable (94,852) 18,482 Accrued expenses 18,578 12,869 Deferred revenue (5,000) - NET CASH PROVIDED BY OPERATING ACTIVITIES 1,170,788 669,740 INVESTING ACTIVITIES Sales and maturities of investments 507,279 208,443 Purchases of investments (1,432,663) (489,232) Purchases of property and equipment (439,871) (88,433i NET CASH USED IN INVESTING ACTIVITIES (1,365,255) (369,222) FINANCING ACTIVITIES Borrowing on loan payable 945,722 Principal repayments on note payable - (986) Borrowings on fine of credit - 100,000 Repayments on line of credit - (280,000] NET CASH PROVIDED BY(USED IN) FINANCING ACTIVITIES 945,722 (180,986'1 Increase in cash 751,255 119,532 Cash at beginning of year 507,057 387,525 Cash at end of year $ 1,258,312 $ 507,057 See notes to consolidated financial statements. 9 Page 196 of 1906 ALZHEIMER'S COMMUNITY CARE,INC. AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE A-SIGNIFICANT ACCOUNTING POLICIES Org,anization: Alzheimer's Community Care,Inc. ("ACC")is a community-based,501(c)(3),not-for-profit organization£serving Palm Beach, Martin and St. Lucie Counties and is registered with the Florida Secretary of State in Tallahassee, Florida. ACC was incorporated in October 1996 by a group of local residents who were concerned about the growing number of people affected by Alzheimer's disease.The strategic principle established by ACC is that"We place a safety net around patients and caregivers every day." ACC is free of religious, political, national or cultural affiliations. The mission of the Organization is "to promote and provide specialized, quality, and compassionate care within a community-based environment for patients and caregivers living zoith Alzheimer's disease and related neurocognitive disorders." As of December 31, 2013, ACC received accreditation by the Joint Commission, the largest international accrediting organization for healthcare providers (hospitals, nursing homes, day care, hospice, etc.), a not-for-profit organization that is highly respected for setting certain performance standards that reflect evidence based outcomes. The evidence based outcomes that have been tested as being successful have been incorporated within ACC's "Model of Care" and are effective for preserving families' quality of life, providing safety and security, and ensuring their well-being throughout the duration of the disease process. The disease can last for 2 to 20 years with an average of 10 years. During the years ended June 30, 2020 and 2019, ACC provided various services to patients and families affected by Alzheimer's disease and related disorders. The following are the major services provided: Core Services • Family Nurse Consultant Services • 11 Specialized Adult Day Care Centers • Professional and Community Education • 24/7 Alzheimer's Crisis Line • Case Management • ID Locator Bracelet Program • Caregiver Support Groups Wrap Around Services • Information and Referral • Volunteer Services • Quarterly Alzheimer's Magazine • Website,SociAIz,Alzcare.org • Specialized Disaster Preparedness/Special Needs Shelter • Advocacy The Alzheimer's Community Care Foundation, Inc. (the "Foundation") was incorporated in the State of Florida as a not-for-profit corporation in July 2008. The Foundation was organized exclusively for the benefit of ACC,to be the custodian of financial gifts and to promote and advise philanthropic actions for the common good of ACC.ACC appoints the Board of the Foundation and accordingly,the Foundation is required by U.S.generally accepted accounting principles(GAAP)to be consolidated with ACC. 10 Page 197 of 1906 ALZHEIMER'S COMMUNITY CARE,INC. AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE A-SIGNIFICANT ACCOUNTING POLICIES(Continued) Principles of Consolidation: The accompanying financial statements are consolidated to include the accounts of ACC and the Foundation (collectively, the "Organization"). All intercompany transactions and balances have been eliminated in consolidation. Basis of Presentation: The accompanying consolidated financial statements have been prepared on the accrual basis of accounting. Net assets and revenues, gains and losses of the Organization are classified and reported based on the existence or absence of donor-imposed restrictions as follows: Net Assets Without Donor Restrictions are resources generated from operations, unrestricted donations and lapse of temporary restrictions and are not subject to donor-imposed stipulations. Net Assets With Donor Restrictions are those whose use by the Organization has been limited by donors to a specific time period,purpose or in perpetuity. Net assets with donor restrictions are created only by donor-imposed restrictions on their use. All other net assets, including Board designated or appropriated amounts, are legally unrestricted, and are reported as part of net assets without donor restrictions. Cash: Cash includes amounts on deposit with financial institutions in checking accounts and money market accounts. For purposes of the consolidated statements of cash flows, the Organization considers all highly liquid investments available for current use with an initial maturity of three months or less to be cash equivalents. The Organization maintains its cash in high quality financial institutions which at times, may exceed federally insured limits. The Organization has not experienced any losses in such accounts and does not believe its cash accounts are exposed to any significant credit risk. At June 30,2020 and 2019, deposits with all financial institutions exceeded federal deposit insurance by approximately $738,000 and$339,000,respectively. Investments: Investments are presented in the consolidated financial statements at fair value, using quoted market prices for publicly traded securities and other relevant information generated by market transactions. The Organization invests in equity and fixed income mutual funds and exchange traded funds (ETPs). The Organization contracts with an investment manager to perform ongoing investment functions. All investments are held by a trust company for the benefit of the Organization, but are not insured or collateralized. Investment transactions are recorded on a trade date basis. Interest income is recorded on the accrual basis and dividend income is recorded on the ex-dividend date. Accounts Receivable: Accounts receivable consist primarily of monthly billings for the Organization's daycare clients residing in Palm Beach, Martin and St. Lucie Counties. Accounts receivable for daycare operations are uncollateralized. An allowance for doubtful accounts is provided for receivables when there is a question as to ultimate collectability. Receivables are written off when management has determined that the amount will not be collected. Collections on accounts previously written off are included in other support when received. Property and Equipment: Property and equipment over $2,500 is capitalized and stated at cost, if purchased by the Organization, or at the fair value of the asset on the date of the gift, if received as a donation.Donated assets are reported as changes in net assets without donor restrictions. Depreciation is 11 Page 198 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE A-SIGNIFICANT ACCOUNTING POLICIES(Continued) determined on a straight-line basis over the estimated useful life of the asset, generally 40 years for buildings and five to seven years for all other property and equipment. Amortization of leasehold improvements is included with depreciation expense. Contributions: The Organization recognizes contributions as income in the period received. Contributions are reported as changes in net assets with or without donor restrictions depending on the absence or existence of donor stipulations that limit the use of the support. Unconditional contributions are recognized as support when received. All donor-restricted contributions are reported as an increase in net assets with donor restrictions. When a restriction expires (that is, when a stipulated time restriction ends or purpose restriction is accomplished), net assets with donor restrictions are reclassified to net assets without donor restrictions and reported in the consolidated statements of activities as net assets released from restriction. Contributions receivable that are due in more than one year are discounted to their estimated net present value using a risk free interest rate at the date of contribution.The discount is amortized to contribution income over the term of the receivable. The Organization did not have any outstanding contributions receivable at June 30,2020 and 2019. PTO�.:'Tam Service Revenues, S,',ecial Events Revenue and Exlenses; Program service revenues, including fees for patient services,are generated from patients who attend day care/respite care services. Revenues for performance obligations are satisfied at a point in time when the single performance obligation is satisfied and recognized when the services are provided,which is when the patient attends the day care program or other services are provided. The Organization is paid based on the number of units of service or hours provided at established rates per unit of service or per hour. The Organization bills service fees monthly based on the specific services provided, resulting in contract receivables (accounts receivable) and payment is generally due within 30 days. Accounts receivable net of allowance for doubtful accounts at June 30, 2020, 2019 and 2018 amounted to $823,627, $1,351,960 and $1,009,453, respectively. The Organization also records special events revenue equal to the fair value of direct benefits to donors, and contribution income for the excess received at the point in time when the event takes place. Payment for special events is due on or before the event takes place. Contributions and program service revenues are primarily from donors and patients in Palm Beach,Martin and St.Lucie Counties. Expenses are recorded when incurred in accordance with the accrual basis of accounting. Government rGrants: Grant revenue is derived from federal and state contacts and grants, which are conditioned upon certain performance requirements and/or the incurrence of allowable qualifying expenses. Amounts received are recognized as revenue when the Organization has incurred expenditures in compliance with specific contract or grant provisions. Government grants are subject to annual renewal and periodic amendment and require the fulfillment of certain conditions as set forth in each grant agreement. Amounts received or receivable from grantor agencies may be subject to audit by those agencies and any disallowed expenses,including amounts already received,might constitute a liability of the Organization for return of those funds. Management believes that the Organization has met all requirements and objectives of the grantor agencies and considers it unlikely that any material amount of funds would be returned. In addition to revenue recorded as government grants, the Organization also received State financial assistance for the Alzheimer's Disease Initiative (ADI) Grant on a fee for service basis totaling$2,673,126 and$3,702,172 for the years ended June 30,2020 and 2019,respectively,that was recorded as program services revenues.Total government grant revenue represented approximately 36% 12 Page 199 of 1906 ALZHEIMER'S COMMUNITY CARE,INC. AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE A-SIGNIFICANT ACCOUNTING POLICIES(Continued) and 41% of total revenue and other support for the years ended June 30,2020 and 2019,respectively.The Alzheimer's Disease Initiative (ADI) grant represented 60% and 48% of total receivables at June 30, 2020 and 2019,respectively. In-Kind Contributions: The Organization records various types of in-kind support including contributed goods,services and facility rent. Contributed professional services are recognized if the services received (a) create or enhance long-lived assets or (b) require specialized skills, are provided by individuals possessing those skills, and would typically need to be purchased if not provided by donation. In-kind contributions are recognized at fair value when received by the Organization. Contributed goods and services for the daycare program recorded for the years ended June 30, 2020 and 2019, totaled $120,992 and$181,041,respectively. Contributed facility rent recorded for the years ended June 30, 2020 and 2019, totaled$391,306 and$442,799,respectively. The Organization also receives a significant amount of skilled,contributed time,which does not meet the recognition criteria described above. The contributed time not reflected in the accompanying consolidated financial statements was valued at approximately$76,000 and$208,000 for the years ended June 30, 2020 and 2019, respectively. Concerned members of the community who occasionally sponsor fundraising events on behalf of the Organization underwrite the costs of those events. Accordingly,since no objective basis is available to measure the value of such contributions, they are not reflected in the accompanying consolidated financial statements. Advertising; Costs: Advertising costs are charged to expense as incurred. Total expense for the years ended June 30,2020 and 2019,was approximately$9,000 in each year. Compensated bsences: The Organization combines all compensated absence categories into one program called"'Paid Time Off(PTO). The Organization accrues unused PTO when earned by employees. Employees of the Organization may accumulate unused PTO leave after one year of service depending on their job classification and length of service. Accumulated PTO is payable to employees with five or more years of service, upon either termination or retirement with proper notice, at the pay rate on that date. If an employee separates during the first five years of employment the employee will not be paid any accumulated PTO. Functional Allocation of Expenses: The costs of providing the various services the Organization offers have been summarized on a functional basis in the consolidated statements of activities.The consolidated statements of functional expenses present the natural classification detail of expenses by function. Accordingly, certain costs have been allocated among the programs and supporting services benefited. Expenses which can be specifically identified with a functional category are charged accordingly. Expenses which are not directly identifiable with a specific functional category require allocation on a reasonable basis that is consistently applied. Salaries are allocated on the basis of estimates of time and effort; occupancy costs are allocated on the basis of square footage; and other natural costs are allocated on the basis of management's identification, based on observation and professional evaluation, of the direct benefit of the cost to a particular program function or supporting function. Income Taxes: ACC and the Foundation are exempt from income taxes as public charities under the provisions of Internal Revenue Code Section 501(c)(3). 13 Page 200 of 1906 ALZHEIMER'S COMMUNITY CARE,INC. AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE A-SIGNIFICANT ACCOUNTING POLICIES(Continued) The Organization evaluates its uncertain tax positions in accordance with FASB ASC 740, Income Taxes, which states that management's determination of the taxable status of an entity, including its status as a tax-exempt entity, is a tax position subject to the standards required for accounting for uncertainty in income taxes. Management does not believe that the Organization has any significant uncertain tax positions that would be material to the consolidated financial statements. The Organization's tax returns for tax years prior to 2017 are no longer subject to examination by taxing authorities. Chanes in Accounting Prmciales: The Organization adopted FASB ASU 2014-09,Revenue from Contracts with Customers (Topic 606), and five subsequent amendments to ASU 2014-09 (collectively referred to as "ASU 2014-09") for the year ended June 30, 2020. ASU 2014-09 clarifies the principles for recognizing revenue and creates common revenue recognition guidance for U.S.GAAP.The core principle of the new guidance is that an entity should recognize revenue to depict the transfer of promised goods or services to customers in an amount that reflects the consideration to which the entity expects to be entitled for those goods and services. The revenue recognition principles of the ASU apply only to exchange transactions and not to contributions and other nonreciprocal transfers to the Organization. The Organization's revenue recognition methods are described previously under Contributions, Program Service Revenues, Special Events Revenue and Expenses. ASU 2014-09 was applied using the modified retrospective method which did not result in any changes to previously reported amounts as of and for the year ended June 30,2019. The FASB also issued ASU 2018-08, Not-for-Profit Entities (Topic 958): Clarifying the Scope and Accounting Guidance for Contributions Received and Contributions Made, which the Organization adopted for the year ended June 30, 2020, ASU 2018-08 clarifies the guidance for evaluating whether transactions should be accounted for as contributions or exchange transactions and determining whether a contribution is conditional. There was no impact to the Organizations consolidated financial statements resulting from the implementation of ASU 2018-08. Recent Accounting Pronouncements: The following accounting standards update has been issued by the FASB and may affect the Organization in future years. Management has not completed its analysis of the effects,if any,of the following accounting standard: ASU 2016-02,Leases,requires lessees to record right-of-use assets and lease liabilities arising from most operating leases on the balance sheet.The standard will be effective for the Organization for the year ending June 30,2022 and must be adopted using a modified retrospective method. Reclassifications: Certain amounts in the 2019 consolidated financial statements have been reclassified to conform to the 2020 consolidated financial statement presentation. Use of Estimates and Assurn tions: Management uses estimates and assumptions in preparing consolidated financial statements in accordance with U.S.generally accepted accounting principles.Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities, and the reported revenues and expenses. Actual results could vary from the estimates that were used. Subseuent Events:The Organization has evaluated subsequent events through November 3,2020,which is the date the consolidated financial statements were available to be issued. 14 Page 201 of 1906 ALZHEIMER'S COMMUNITY CARE,INC. AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE B-LIQUIDITY AND AVAILABILITY The Organization manages its liquidity to operate within a prudent range of financial soundness and stability, and maintain adequate liquid assets to fund operating needs. The Organization aims to keep approximately 60 days of anticipated operating expenditures in its checking account. Cash and cash equivalents above this threshold are deposited in interest bearing money market funds or other accounts. The following table reflects the Organizations available assets as of June 30, 2020 and 2019, reduced by amounts that are not available to meet general operating expenditures within one year of the consolidated statement of financial position date. For purposes of analyzing resources available to meet general operating expenditures over a 12-month period, the Organization considers all expenditures related to its ongoing program related activities as well as the conduct of services undertaken to support those activities to be general operating expenditures.In addition,the Foundation's long-term investments may be sold if the need arises. Financial assets available to meet cash needs for general operating expenditures for the subsequent fiscal year are as follows: 2020 2019 Financial assets at June 30: Cash and cash equivalents $ 1,258,312 $ 507,057 Investments,excluding long-term investments 7,748,945 6,517,196 Accounts receivable 823,627 _ 1,351960 9,830,884 8,376,213 Less assets with donor restricted purposes 0,360,165i �,� 4081942 Total financial assets available at June 30 $ 9,470,719 $ 7,967 271 NOTE C-INVESTMENTS Investments at June 30,2020 and 2019,are summarized as follows: 2020 --- 2.019 Mutual funds Equity $ 2,945 $ 2,787 Fixed income 1,129,412 979,459 Exchange traded funds Domestic equity 3,369,643 2,798,429 International equity 1,410,912 1,134,486 Fixed income 1,896,676 __ 1-662_678 Total investments $ 7,809,588 6,577,839 Investments $ 7,748,945 $ 6,517,196 Long-term investments 60,643 60.643 Total investments $ 7,809,588 $ 6.577,839 15 Page 202 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE C-INVESTMENTS(Continued) The Organizations investments are exposed to various risks, such as market risk, interest rate risk, custodial credit risk, and concentration of credit risk. Due to the various risks associated with the Organization's investments, it is at least reasonably possible that changes in the values of investments will occur in the near term and that such changes could materially affect the amounts reported in the accompanying consolidated financial statements. Investment income for 2020 and 2019,consists of the following: 2020 .,.,.,. .� .,..2019 Dividend and interest income $ 172,308 $ 145,362 Realized and unrealized gains 306,365 258,795 478,673 404,157 Investment fees , (25Z60) 121,,668;, Net investment income $ 452,913 $ 382.489 NOTE D-PROPERTY AND EQUIPMENT Property and equipment at June 30,2020 and 2019,are summarized as follows: 2020 . . 2019 Land $ 28,426 $ 28,426 Buildings 866,337 866,337 Leasehold improvements 1,824,336 1,820,311 Furniture and equipment 459,156 404,412 Vehicle 75,121 75,121 Construction in progress 427:796 46,,694 3,681,172 3,241,301 Less accumulated depreciation and amortization (1438,452) X1,339,078) Total $ 2.242,720 $ 1902 223 Depreciation and amortization expense for 2020 and 2019 totaled$99,374 and$185,395,respectively. NOTE E-LINE OF CREDIT At June 30, 2020, the Organization had a $500,000 line of credit with a variable interest rate equal to the Wall Street Journal Prime Rate (3.25% at June 30,2020). The line of credit had no outstanding balance as of June 30, 2020 and 2019. The Organization has pledged its personal property, receivables, inventory, investments, equipment, deposits, and other assets as defined in the collateral agreement. The line of credit matures on February 28,2021. 16 Page 203 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE F-LOAN PAYABLE In April 2020, the Organization received loan proceeds in the amount of $945,722 under Paycheck Protection Program ("PPP") administered by the Small Business Administration ("SBA") which was established as part of the Coronavirus Aid, Relief and Economic Security Act ("CARES Act"). The loan proceeds were used for payroll and benefits, and the Organization anticipates the loan will be forgiven under the terms of the program. The loan accrues interest at 1% per annum and the principal is payable over 18 months,beginning in October 2020,with the final payment of principal and interest due on April 18,2022,unless the loan is forgiven. In June 2020, the Paycheck Protection Program Flexibility Act of 2020 was passed, extending the deferral period for payments of principal,interest and fees on all PPP loans.The loan and accrued interest maybe forgivable provided the loan proceeds are used for eligible expenditures under the CARES Act,including employee payroll and benefits, rent and utilities, and the Organization meets the other requirements of the CARES Act for loan forgiveness. If the loan forgiveness application to the lender is made within 10 months after the end of the covered period of the loan, the borrower is not required to make any payments until the forgiveness amount is remitted to the lender by the SBA. Management intends to apply for forgiveness of the loan and believes that all expenditures of the loan proceeds have met the conditions for future forgiveness of the loan. At June 30,2020,the annual principal maturities on this loan payable are as follows: Year Ending lune 30n. Amount 2021 $ 469,108 2022 476,614 $ 945,722 The Organization incurred and paid total interest costs on all debt of$37 and $108 for the years ended June 30,2020 and 2019,respectively. NOTE G-NET ASSETS W1TH DONOR RESTRICTIONS Net assets with donor restrictions consist of the following at June 30,2020 and 2019: 2020 2019 Purpose Restrictions Restricted for patient scholarships $ 272,056 $ 262,540 Restricted for day care and music therapy 73,711 96,241 Restricted for locator services/bracelets 14,398 50;161 Total purpose restrictions 360,165 408,942 Perpetual Restrictions Endowment in perpetuity 60,643 .60.=.643 Total Net Assets with Donor Restrictions $ 420,808 469 585 17 Page 204 of 1906 ALZHEIMER'S COMMUNITY CARE,INC. AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE G-NET ASSETS WITH DONOR RESTRICTIONS(Continued) Purpose restrictions on assets are imposed by the donor and specify a particular program or purpose for which the donated assets must be used. Once the assets are used for the specific program or purpose,the amounts are released from restriction and reclassified to net assets without restrictions. Endowment assets are restricted in perpetuity and only the corresponding income on those assets may be used for unrestricted purposes. For the years ended June 30, 2020 and 2019, amounts released from restrictions totaled $551,287 and $307,800,respectively,and were the result of the accomplishment of purpose restrictions during the year. NOTE H-ENDOWMENT The Organizations endowment consists of contributions that must be maintained in perpetuity. The earnings on endowment assets are used to support the Organizations activities. Net assets with donor restrictions related to the endowment fund totaled$60,643 at June 30,2020 and 2019. FASB ASC 958,Not-for-Profit Entities,provides guidance on the net asset classification of donor-restricted endowment funds for a not-for-profit organization that is subject to an enacted version of the Uniform Prudent Management of Institutional Funds Act of 2006 (UPMIFA) and disclosures about an organization's endowment funds (both donor-restricted endowment funds and board-designated endowment funds),whether or not the organization is subject to UPMIFA.The State of Florida enacted a version of UPMIFA effective July 1, 2012, known as the Florida Uniform Prudent Management of Institutional Funds Act (FUPMIFA) that governs the investment and management of donor-restricted endowment funds by Florida not-for-profit organizations. Absent explicit donor stipulations,FUPMIFA generally requires prudent care in investing,managing and developing spending plans for donor-restricted endowment funds.As a result,the Organization classifies as permanently restricted net assets: (a) the original value of gifts donated to the permanent endowment; (b) the original value of subsequent gifts to the permanent endowment; (c) accumulations to the permanent endowment made in accordance with the direction of the applicable donor gift instrument (if applicable) at the time the accumulation is added to the endowment; and, (d) the portion of investment earnings added to the permanent endowment to maintain its purchasing power,if any. The Organization's current endowment funds do not require any portion of the investment earnings to be added to the endowment and,accordingly,all investment earnings are recorded as unrestricted and used to support the ongoing operations of the Organization. The Organization considers the following factors in making a determination to expend donor-restricted endowment funds: (1) The duration and preservation of the fund (2) The purposes of the Foundation and the donor-restricted endowment fund (3) General economic conditions (4) The possible effect of inflation and deflation (5) The expected total return from income and the appreciation of investments (6) Other resources of the Foundation (7) The investment policies of the Foundation There were no changes in endowment assets for the years ended June 30,2020 and 2019. 18 Page 205 of 1906 ALZHEIMER'S COMMUNITY CARE,INC. AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE H-ENDOWMENT(Continued) Funds with Deficiencies: From time to time, the fair value of assets associated with individual donor restricted endowment funds may fall below the level that the donor requires the Organization to retain in perpetuity. These deficiencies generally result from unfavorable market declines in the Organization's endowment investments and are reported as reductions to net assets with donor restrictions. There were no endowment fund deficiencies at June 30,2020 and 2019. Investment Objective and Risk Parameters: The Organization has adopted investment policies for �mmaWa.. endowment assets that attempt to provide for moderate current income to fund programs supported by the endowment assets. Under the policy approved by the Board of Directors, the endowment assets are invested in a manner that is intended to produce market interest returns,while assuming a minimal level of investment risk.The Organization expects its endowment assets,over time,to provide an average rate of return of approximately 3% annually.Actual returns in any given year may vary from this amount. Strategffies for Achieving Investment Objectives: To satisfy its investment rate of return objectives, the Organization relies on a conservative stxategy to produce investment returns from current earnings (interest and dividends) rather than market appreciation. The Organization has a passive investment policy that performs reallocations on a quarterly basis. Spending Policy: The Organization does not have a policy for appropriating expenditures from endowment assets beyond investment income. This is consistent with the Organization's objective to maintain the endowment assets in perpetuity and provide additional growth through new gifts. NOTE I-FAIR VALUE OF FINANCIAL INSTRUMENTS FASB ASC 820, Fair Value Measurements and Disclosures,establishes a framework for measuring fair value that provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value.The hierarchy gives highest priority to unadjusted quoted prices in active markets for identical assets and liabilities (Level 1 measurements) and the lowest priority to unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy under FASB ASC 820 are described as follows: Level 1: Inputs are quoted prices (unadjusted) in active markets for identical assets or liabilities that the Organization has the ability to access at the measurement date. Level 2:Inputs,other than quoted prices included within Level 1,that are observable for the assets or liabilities,either directly or indirectly. Level 3.Inputs are unobservable for the assets or liabilities. The fair value measurement of an asset or liability within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. Items Measured„at Fair Value on a Recurring Basis: The following methods and assumptions were used by the Organization in estimating the fair value of financial instruments that are measured at fair value on a recurring basis under FASB ASC 820: 19 Page 206 of 1906 ALZHEIMER'S COMMUNITY CARE,INC. AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE I-FAIR VALUE OF FINANCIAL INSTRUMENTS(Continued) Mutual funds: Valued at the net asset value ("NAV") of the shares held by the Organization at year end as reported on a national stock exchange. Exchange traded funds: Valued at the closing price of the funds as reported on a national stock exchange. The methods described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, while the Organization believes its valuation methodologies are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date. There were no changes in the methodologies during the years ended June 30,2020 and 2019. Fair Value of Assets and Liabilities: The Organization's financial assets measured at fair value on a recurring basis at June 30,2020 and 2019,were all Level 1 assets and are summarized as follows: Fair Values at�ur►e 30,2020 vuvuvuw„� w Level Level Level Total Investments Mutual funds $ 1,132,357 $ - $ - $ 1,132,357 Exchange traded funds 6,67231 - - 6,677,231 Total assets $ 7,809,588 $ A ..._.............................................. 7;8.09.5.8..8 Fair Values at lune 30„2019 Level l Level Level Total Investments � Mutual funds $ 982,246 $ - $ - $ 982,246 Exchange traded funds 5,595.593 __ e_.- 5 595,593 �. . Total assets $ 6,577,839 5 m - $ 6.577 839 There were no liabilities measured at fair value on a recurring basis at June 30,2020 and 2019. NOTE J-RETIREMENT PLAN The Organization administers a 401(k) retirement pian (the"Plan') that was adopted on January 1,2007, and subsequently amended on July 1, 2009. Employees are eligible to participate in the Plan after completing one year of service and may contribute a maximum of 25% of their pre-tax annual compensation, as defined in the Pian, up to the maximum allowable limits established by the Internal Revenue Code.Participants who turn 50 during the plan year may make additional pre-tax contributions pursuant to the Catch-Up Elective Contributions of the Internal Revenue Service regulations. The Organization may make matching or discretionary contributions to the Plan. Currently, employees receive safe harbor matching contributions of 100% of salary deferrals up to 3% of total compensation, 20 Page 207 of 1906 ALZHEIMER'S COMMUNITY CARE,INC. AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE J-RETIREMENT PLAN(Continued) plus 50% matching contributions on salary deferrals from 3% to 5% of total compensation. The matching contributions by the Organization to the Plan for the years ended June 30, 2020 and 2019, were$100,167 and$82,885,respectively.No discretionary contributions were made for 2020 or 2019. NOTE K-OPERATING LEASES The Organization conducts its operations from several facilities that are leased with various expiration dates through June 2037 with the option of renewing through 2045 if conditional requirements are met. Certain of the facilities leased by the Organization require annual rental payments of one dollar and reimbursement for common area maintenance expenses. The difference between the estimated fair value rental of these facilities and the rent paid by the Organization is recorded as contribution revenue and in- kind rent expense.The required rental payments are recorded as rent expense.The Organization incurred $384,591 and$378,308 in rent expense and recorded$391,306 and$442,799 for in-kind rent expense for the years ended June 30,2020 and 2019,respectively. The Organization also leases copiers and printer equipment under an operating lease which requires 60 monthly payments of$2,775 through May 2024. The approximate minimum future rental payments, including required common area maintenance expenses,under non-cancelable operating leases at June 30,2020,are as follows: Year Ending Facilities Equipment dune 30 Rental Rental Total 2021 $ 270,000 $ 33,300 $ 303,300 2022 196,200 33,300 229,500 2023 165,600 33,300 198,900 2024 159,600 30,500 190,100 2025 132,600 - 132,600 Thereafter e 1161.700 - 1„161u700 $ 2,085,700 $ 130.400 2,216100 NOTE L-ECONOMIC RISK AND UNCERTAINTY During March 2020, a global pandemic was declared by the World Health Organization related to the rapidly growing outbreak of the coronavirus (COVID-19). The pandemic has significantly impacted the economic conditions in the U.S. as federal, state and Iocal governments reacted to the public health crisis by ordering the temporary closures of schools, public facilities and non-essential businesses and organizations, imposing travel restrictions and advising or mandating that individuals remain in their homes in order to slow the spread of the disease.While these measures are expected to be temporary,the duration of the business and economic disruptions, and the related financial impact, cannot be determined at the present time. 21 Page 208 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY NOTES TO CONSOLIDATED FINANCIAL STATEMENTS June 30,2020 and 2019 NOTE L-ECONOMIC RISK AND UNCERTAINTY(Continued) To date the government mandated closures and other restrictions have resulted in reduced attendance at the Organization's day care facilities and the cancellation of certain special events. However, during this period of time,donor support has increased significantly. The potential exists for the pandemic to have a significant adverse effect on the U.S. economy, financial markets, supply chains and labor availability, resulting in an economic downturn and changes in government policies that could have a material adverse impact on the Organizations future business, operating results and financial condition. Due to the uncertainties involved with the pandemic, the ultimate impact on the Organization cannot be determined at present and no provisions for any implications of the pandemic have been made in the accompanying consolidated financial statements. Nevertheless, it is at least reasonably possible that the adverse effects of the pandemic on the Organization could be material in 2021 and future periods. In addition,the coronavirus pandemic and other economic factors significantly impacted global financial markets, resulting in substantial market volatility. Management considers the market fluctuations to be temporary in nature, however, due to the uncertainties involved with the effect of the pandemic on financial markets,the impact on the fair value of the Organization's investments cannot be determined at the present time and no provisions for impairment, if any, have been made in the accompanying consolidated financial statements. NOTE M-COMMITMENT The Organization has entered into an agreement with a church in St. Lucie County to develop a new daycare center. Under the terms of the agreement,the church has entered into a construction contract for improvements to its facilities, including those improvements related to the daycare center. The Organization has committed funding of approximately $755,000 towards this project, of which the outstanding commitment as of June 30,2020 is approximately$370,000. NOTE N-SUBSEQUENT EVENT In July 2020,the Organization received a bequest of approximately$284,000. 22 Page 209 of 1906 CONSOLIDATING INFORMATION Page 210 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATING STATEMENT OF FINANCIAL POSITION June 30,2020 Alzheimer's Alzheimer's Consolidating Community Community Care &Eliminating Care,Inc. Foundation,Inc. Entries Consolidated ASSETS CURRENT ASSETS Cash $ 1,234,030 $ 24,282 $ - $ 1,258,312 Investments 2,945 7,746,000 - 7,748,945 Accounts receivable,net 823,627 - - 823,627 Prepaid expenses 114,158 - - 114,158 TOTAL CURRENT ASSETS 2,174,760 7,770,282 9,945,042 PROPERTY AND EQUIPMENT,net 2,242,720 - - 2,242,720 OTHER ASSETS Deposits and other assets 8,837 - - 8,837 Long-term investments - 60,643 - 60,643 8,837 60,643 69,480 $ 4,426,317 $ 7,830,925 $ - $ 12,257,242 LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable $ 55,711 $ - $ - $ 55,711 Accrued expenses 220,832 - - 220,832 Current portion of loan payable 469,108 - - 469,108 TOTAL CURRENT LIABILI'T'IES 745,651 - - 745,651 LOAN PAYABLE,net of current portion 476,614 - - 476,614 TOTAL LIABILITIES 1,222,265 - 1,222,265 NET ASSETS Without donor restrictions 2,843,887 7,770,282 - 10,614,169 With donor restrictions 360,165 60,643 - 420,808 TOTAL NET ASSETS 3,204,052 7,830,925 - 11,034,977 $ 4,426,317 $ 7,830,925 $ - $ 12,257,242 23 Page 211 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATING STATEMENT OF FINANCIAL POSITION June 30,2019 Alzheimer's Alzheimer's Consolidating Community Community Care &Eliminating Care,Inc. Foundation,Inc. Entries Consolidated ASSETS ,.�r. CURRENT ASSETS Cash $ 449,379 $ 57,678 $ - $ 507,057 Investments 2,787 6,514,409 - 6,517,196 Accounts receivable,net 1,351,960 - - 1,351,960 Prepaid expenses 102,620 - - 102,620 TOTAL CURRENT ASSETS 1,906,746 6,572,087 - 8,478,833 PROPERTY AND EQUIPMENT,net 1,902,223 - - 1,902,223 OTHER ASSETS Deposits and other assets 8,087 - - 8,087 Long-term investments - 60,643 - 60,643 8,087 60,643 68,730 $ 3,817,056 $ 6,632,730 $ - $ 10,449,786 LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable $ 150,563 $ - $ - $ 150,563 Accrued expenses 202,254 - - 202,254 Deferred revenue 5,000 - - 5,000 TOTAL CURRENT LIABILITIES 357,817 - ®_ 357,817 NET ASSETS Without donor restrictions 3,050,297 6,572,087 - 9,622,384 With donor restrictions 408,942 60,643 - 469,585 TOTAL NET ASSETS 3,459,239 6,632,730 - 10,091,969 $ 3,817,056 $ 6,632,730 $ - $ 10.449,786 24 Page 212 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATING STATEMENT OF ACTIVITIES IES Year Ended June 30,2020 Alzheimer's Alzheimer's Consolidating Community Community Care &Eliminating Care,Inc. Foundation,Inc. Entries Consolidated REVENUES AND OTHER SUPPORT Program services $ 4,715,740 $ - $ - $ 4,715,740 Contributions 2,989,359 1,000,000 (1,245,623) 2,743,736 Government grants 629,339 - - 629,339 United Way 245,558 - - 245,558 Special events 288,995 - - 288,995 Investment income,net 4,719 448,194 - 452,913 Other revenue 14,990 - - 14,990 .Total revenues and other support 8,888,700 1,448,194 (1,245,623) 9,091,271 EXPENSES Program services Special program Daycare 5,180,338 - - 5,180,338 Patient and family services Family consultants 1,111,060 - - 1,111,060 Case management 289,964 - - 289,964 Crisis line 36,915 - - 36,915 Other services Education and training 470,760 - - 470,760 Volunteer services 46,464 - - 46,464 ID locator bracelets 302,516 - 302,516 Total program services 7,438,017 - 7,438,017 Supporting services Management and general 231,182 4,376 - 235,558 Fundraising 474,688 - - 474,688 Contribution to Alzheimer's Community Care,Inc. - 245,623 (245,623) - Alzheimer's Community Care Foundation,Inc. 1,000,000 ;1,000,000 - Total supporting services 1,705,870 249,999 (1,245,623) 710,246 Total expenses 4,143,887 249,999 1 1,245,623) 8,148,263 Increase(decrease)in net assets (255,187) 1,198,195 - 943,008 Net assets,beginning of year 3,459,239 6,632,730 - 10,091,969 Net assets,end of year $ 3,204,052 $ 7,830,925 $ - $ 11,034,977 25 Page 213 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATING STATEMENT OF ACTIVITIES Year Ended June 30,2019 Alzheimer's Alzheimer's Consolidating Community Community Care &Eliminating Care,Inc. Foundation,Inc. Entries Consolidated REVENUES AND OTHER SUPPORT Program services $ 5,856,556 $ - $ - $ 5,856,556 Contributions 1,696,868 300,000 (439,538) 1,557,330 Government grants 762,992 - - 762,992 United Way 228,938 - - 228,438 Special events 182,201 - - 182,201 Investment income(loss),net (19) 382,508 - 382,489 Other revenue 81,365 - 81,365 Total revenues and other support 8,808,901 682,508 (439,538) 9,051,871 EXPENSES Program services Special program Daycare 5,298,581 - - 5,298,581 Patient and family services Family consultants 941,367 - - 941,367 Case management 293,093 - - 293,093 Crisis line 36,099 - - 36,099 Other services Education and training 459,264 - - 459,264 Volunteer services 39,934 - - 39,934 ID locator bracelets 230,306 - - 230,306 Total program services 7,298,644 - 7,298,644 Supporting services Management and general 247,782 10,462 - 258,244 Fundraising 406,317 - - 406,317 Contribution to Alzheimer's Community Care,Inc. - 139,538 (139,538) Alzheimer's Community Care Foundation,Inc. 300,000 - (300,000) - Total supporting services 954,099 150,000 439,538'; 664,561 Total expenses 8,252,743 150,000 (439,538,. 7,963,205 Increase in net assets 556,158 532,508 - 1,088,666 Net assets,beginning of year 2,903,081 6,100,222 - 9,003,303 Net assets,end of year $ 3,459,239 $ 6,632,730 $ - $ 10:091,969 26 Page 214 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATING STATEMENT Of CASH FLOWS Year Ended June 30,2020 Alzheimer's Alzheimer's Consolidating Community Community Care &Eliminating Care,Inc. Foundation,Inc. Entries Consolidated OPERATING ACTIVITIES Increase(decrease)in net assets $ (255,187) $ 1,198,195 $ - $ 943,008 Adjustments to reconcile increase(decrease) in net assets to net cash provided by operating activities Depreciation and amortization 99,374 - - 99,374 Provision for doubtful accounts (7,391) - - (7,391) Realized and unrealized gains (3,242) (303,123) - (306,365) Changes in operating assets and liabilities Accounts receivable 535,724 - - 535,724 Prepaid expenses (11,538) - - (11,538) Deposits and other assets (750) - - (750) Accounts payable (94,852) - - (94,852) Accrued expenses 18,578 - - 18,578 Deferred revenue (5,000) - (,5,000y NET CASH PROVIDED BY OPERATING ACTIVITIES 275,716 895,072 1,170,788 INVESTING ACTIVITIES Sales and maturities of investments - 507,279 6 507,279 Purchases of investments 3,084 (1,435,747) (1,432,663) Purchases of property and equipment439,871) NET CASH USED IN INVESTING ACTIVITIES (436,787) (928,468) - (1,365,255) FINANCING ACTIVITY Borrowing on loan payable 945,722 - - 945,722 NET CASH PROVIDED BY FINANCING ACTIVITY 945,722 - - 945,722 Increase(decrease)in cash 784,651 (33,396) - 751,255 Cash at beginning of year 449,379 57,678 - 507,057 Cash at end of year $ 1,234,030 $ 24,282 $ - $ 7„258,312 27 Page 215 of 1906 ALZHEIMER'S COMMUNITY CARE,INC.AND SUBSIDIARY CONSOLIDATING STATEMENT OF CASH FLOWS Year Ended June 30,2019 Alzheimer's Alzheimer's Consolidating Community Community Care &Eliminating Care,Inc. Foundation,Inc. Entries Consolidated OPERATING ACTIVITIES Increase in net assets $ 556,158 $ 532,508 $ - $ 1,088,666 Adjustments to reconcile increase in net assets to net cash provided by operating activities Depreciation and amortization 185,395 - - 185,395 Provision for doubtful accounts 2,089 - - 2,089 Realized and unrealized(gains)losses 508 (259,303) (258,795) Changes in operating assets and liabilities Accounts receivable (344,596) - (344,596) Prepaid expenses (38,510) - (38,510) Deposits and other assets 4,140 - - 4,140 Accounts payable 18,482 - - 18,482 Accrued expenses 12,869 - 12,869 NET CASH PROVIDED BY OPERATING ACTIVITIES 396,535 273,205 669,740 INVESTING ACTIVITIES Sales and maturities of investments - 208,443 - 208,443 Purchases of investments (747) (488,485) - (489,232) Purchases of property and equipment X88,433) - - (88,433' NET CASH USED IN INVESTING ACTIVITIES (89,180) (280,042) - (369,222) FINANCING ACTIVITIES Principal repayments on note payable (986) - (986) Borrowings on line of credit 100,000 - 100,000 Repayments on line of credit ;280,000) NET CASH USED IN FINANCING ACTIVITIES (180,986) - (180,986) Increase(decrease)in cash 126,369 (6,837) - 119,532 Cash at beginning of year 323,010 64,515 - 387,525 Cash at end of year $ 449,379 $ 57,678 $ - $ 507,057 28 Page 216 of 1906 Page 217 of 1906 ALZHEMERS F ,.COMMUNITY CARice: List of Major Funding Sources All funders listed below committed to Alzheimer's Community Care in FY 19/20. Status of commitment for FY 20/21 is listed in parenthesis Private Foundations Addison Hines Charitable Trust(Committed FY 20/21) Admirals Cove Cares Foundation (Committed FY 20/2 1) Asofsky Family Foundation (Committed FY 20/21) Ballenlsles Charities Foundation (Committed FY 20/21) Batchelor Foundation (Committed FY 20/2 1) Baxter Foundation(Committed FY 20/21) Community Foundation for Palm Beach and Martin Counties (Committed FY 20121) Frenchman's Creek Charities Foundation (Pending FY 20/21 Hobe Sound Community Chest(Pending FY 20/21) Lee Millman Respite Care Foundation(Pending 20121) Leo and Anne Albert Charitable Trust(Submitted: Committed FY 20/21) Mary Alice Fortin Foundation(Pending FY 20/21) J.M. Rubin Foundation (Submitted: Pending FY 20/21) United Way United Way of Martin County (Committed FY 20/2 1) United Way of St. Lucie County(Committed FY 19/20) Town of Palen. Beach United Way (Committed FY 20/21) United Way of Palm Beach County (Committed FY 20121) Governmenj fArants Martin County Board of County Commissioners (Committed FY 20/21) St. Lucie County Board of County Commissioners (Committed FY 20/21) State of Florida—Alzheimer's Disease Initiative(ADI) (Committed FY 20/21) Palm Beach County Board of County Commissioners—FAA Committed FY 20/21) City of Boca Raton(Committed FY 20121) Veteran's Administration(Committed FY 20/21) Page 218 of 1906 Page 219 of 1906 T14E BATCHELOR FCUNDATIONy WC. December 1,2020 Its.Mary M.Barnes,President and CBC' Aizbeimees Community Care 804 Northpoint Pkwy,Suite 101-B West Palm Beach,FL 33407 Dear Nis,Barnes no Batchelor Foundation{"Foundation")has approved a grant of $34,000.40("Grant to Alzheimer's Community Gare{"Grantee"},for the apecific purpose(s)described in your proposal dated September%2020("Proposal") to the Foundation.A true and correct copy of the Proposal is incorporated here by reference. Payment of the Grant will only be made in full following recelpt by the Foundation of a countersigned copy of this Grant award agreement("Agreement`)returned by the Grantee through the Foundation's online wobsite portal within thirty(30)calendar days from the date of this Agreement or the Agreement thereafter shall be deemed null and void. In consideration of the Foundation's Grant,Grantee agrees to all of the followtng terms and conditions: I, Na goods or services have been,or will be,provided by the Grantee to the Foundation,its directors,officers,or employees in consideration for the Grant. 2, Grantee acknowledges that the'Foundation is relying on the information Grantee provided in its Proposal and during the course of any due diligence conducted prior to,and daring the term of, this Agreement. Grantee represents that the Foundation may continue to rely on this information and on any additional information Grantee provides regarding activities,progress,and outcomes in connection.with the use of the foundation's Grant. 3. The Grantee will notify the Foundation of any change to its IRC Section 5010-)(3)tax-*xempt status and will comply with all applicable federal and state laws and regulations that govern the use of funds donated from private foundations to non-profits,including,but not limited to,the prohibited use of the Grant in violation of the United States laws related to combating terrorism and the prohibited use of the Grant to int]uenee aay governmental legislation,voter registration drive,or specific public election within the meaning of IRC Section 4945 and the Treasury Regulations thereunder, 4. The Grant will be restricted to the charitable endeavor stated in the Proposal and for ori other purpose without the express,written permission ofthe Foundation. Any Grant flmds not expended or committed for the purposes described in the Proposal will be returned to,or re- allocated by,the Foundation at its sole and absolution discretion Main of1jw:i6eo M1cldgw Avenw•PHI•Remi Beach,FL 33939-phone:3CM944W•tax:305-534.5020 Page 220 of 1906 Ms.Barnes December 1,2020 Page 2 5 Grantee will maintain sufficient insurance coverage including general liability insurance and other coverage as applicable(such as clinical trial insurance+,product liability,medical malpractice,workers compensation,or otherwise)to address the risks,activities,and/or omissions related to the endeavors contemplated in the Proposal. 6. in the case of any violation by the Grantee of-the terms of the Agreement,in addition to all other rights and remedies available to it,the Foundation reserves the right in its absolute discretion to terminate the Agreement without further obligation to the Grantee,which determination will be final,binding,and conclusive on the Grantee. Any unspent Grant fiends will be immediately returned to,or re-allocated by,the Foundation. 7. The Grantee acknowledges that the Foundation by making this Grant has no obligation to provide other or additional support for the purposes)funded by the Grant or any other present or fixture purposes. S. The Grantee will submit a final written report detailing a narrative account of the expendimm of the Grant via the Foundation's online website portal. 9. During the duration of the Grant period,the Foundation may request additional financial documentation or infomation- 10.No new grant proposal will be accepted from the Grantee until all conditions in this Agreement, and those set forth separately in the Foundation's online website guidelines,have been met. The Foundation is pleased to support the charitable work of the Grantee. Sincerely, Sandy L''atchelor �. Chairman&CBO AQAEEDSND ACC P 'ED B , 'Wst be signature of Chair,President,CFO,or Ex,Director) 1,te (Print Name) Title; Date, Page 221 of 1906 THE �. . ? 7 FOUNDATION a "THE Fl1TURE BELONGS TO. THOSE WHO PREPARE, FOR IT." September 30, 2020 Board of Direetars Ms. Mary Barnes President/CEO Jan Moran Alzhelmer's Community Care, Inc. W j.arziremlPresrgenr 800 Northpoint Parkway, Suite 101-3 FcundrngDl:nmvr West Palm Beach, FL 33407 Tom Blanton Dear Ms. Barnes: Assistant Ttamuror ToundingDimckr Thank you for updating us regarding the f=amily Nurse Consultant at Alzheimer's Community Care during these incredibly challenging months. In keeping with the grant agreement, enclosed is a check in the amount of$60,000.00 which represents Melade B our second and final payment according to the approved budget and expected ExecdtveGl ecrar outcomes from your most recent grant cycle. With the continued lingering effects of Ass,s�rtSe;rrtary 1c1r�ctor COVIU-19, if it is necessary to adjust the target population, goals, outcomes and/or budget during the grant period, let us know once there is more clarity on delivery of services. Susan Eccher rD; Our funding is based on the current status of Alzheimer's Community Care as a public charity under sections 501(c)(3) and 509(a)(1) or 509(a)(2). Consequently, should there be any change to your tax status, you are required to notrfy The Foundation IrviGffin immediately. Airector As a reminder,should this grant generate an announcement or recognition (i.e., press release, print or e-newsletter, logo usage, social media, etc.), Lucia Lopez The Foundation respectfully re uiresnpvrior review and written ggpraval. In such 5ecmrary DMecinr mentions, please refer to us as The Jim Moran Foundation. For further assistance with your communications, or to begin the review and approval process, please contact llisa Finkeiman at 954-363-5550 ar ilisa fnkelman 'ii mmoran�oqnd;�tion®ate. Larry WGinnes WePreslderr The Foundation's mission is to improve the quality of life for the youth and families of Fmflo-ftDirwcW Florida through the support of innovative prggrams and opportunities that meet the ever-changing needs of the community. With this grant, we recognize the positive impact you are making by providing assessments, case management and resources founding IJir��-trx' 0r.Melvin T.oSibub for families caring for their loved ones with Alzheimer's. Sincerely, !n Memory of Jim Moran Fournier JMM/mb 1s1a 2nai Enclosure cc: Robert J. Gorman, Esq., Board Chair fCE �r�ciusvnATION 100 JIM MORAN BOUEVARD, DEERFIELD BEACHI FLORIDA 33442 I-,w�cusruas Hl, Phone: 954 429 2122 Fax: 954 362 6801 inym.limmoranfoundatlorr.org ANNIVERSARY IER$& Y Page 222 of 1906 G�,Nfaln,c tib le May 31,2020 `�/L'ltftS° Ms.Mary Barnes,President&CEO Town of Petro Brach United Ylag Alzheimer's Community Care 44 cocoanut Row.M201 Boo Northpoint Parkway,Suite 101-B Palm Beach,FL 334BD 581-555-1919 West Palm Beach,f}_33407-1.978 Dear Mary, MARY FREITAS chairman The Allocation Committee has completed the process of reviewing agencies,their grant MARK COOK requests and submitting allocation recommendations to our Board of Trustees. CHRISTINE CURTIS J.IRA HARRIS As Chairmen of the Allocation cornmittee,we would like to inform you that the Board has DANIELLE MOORE TRIP MOORE approved our committee's recommendation to allocate$50,000 to Alzheimer's Community Vice Chairmen Care for 12 months beginning July 1,2020. MUSSY AGHELLO Treasurer This allocation is strict and to be used In support of the following programs: JORGE CABRERd Deputy Tteaserer Family Nurse Consultant $40,000 Speclalized Day Care $40,0DQ DEBRA NASILOPIDULOS Secretary Blease read all the details of this agreement below and affirm your acceptance by signing an JAY BOODHESHWAR returning the signed copy to the Town of Palm Beach United Inlay. GAIL CONIULI4 CHRISTINA DENNIS STEPHEN HAL JR- 1, Funds are restricted for program use,and to be used exclusively for the programs ANN HEATHWOOD outlined above. Funds may not be used, applied to or redistributed for any other CARA CONIGLIO MCCLURE purpose,Service or program Other than outlined above.The Town of Palm Beach LOUISE SNYDER CHRISTINE STILLER United Way should be notified in writing no later than 30 days post change If for any Executive committee reason you as a funded partner are not able to provide the program services stated BETH WALTDN above.The Town of Palm Beach United Way reserves the rightto request chief Exetutive Of cat reimbursement of funds not used in accordance with the approved program budget. 2. The funded partner will identify itself as a Town of Palm Beach United Way funded partner with signage at all service locations,by printing the Town of Palm Beach United Way name and logo on its stationery,newsletters,pamphlets and noting its status as a funded partner in all other communications with its board and the public, including press releases, 3. Semi-annual report forms for each larol;ram receiving Town of Palm Beach United Way funding will be required.Please submit report($)with all sources of revenue and expenses associated with the Town of Palm Beach United Way funded program only, no later than January 25,2021 and July 25,2021 to Kristen Perrone at kristenperrone@paimbeachunitedway-org.Monthly paymentswilLbitle� until rep_ .eived. 4. The funded partner will designate one employee to serve as the can person for the Town of Palm Beach United Way regarding program reports and other matters related to the programs.Space Is provided for this information. ONE COMMUNITY. ONE GOAL. Page 223 of 1906 Return this agreement in the enclosed envelope to the Town of Palm Beach United Way by Jane 30, 0 in order to accept the funding to affirm that you have considered the details of this agreement described above and are committed to this partnership. Since 2007,donomof the Town of Palm Beach United Way have supported I € is Community r with grants totaling$1,025,290,We took forward to our continued partnership and extend our best wishes for the success of your programs and services,which are necessary to so many people in Palm Beach County. Sincerely, hristla enls LouiseSnyder -Chair,Allocation Committee Co-Chair,Allocation Committee Cstine Stiller Co-Chair,Allocation Committee Page 224 of 1906 Dacrosign Envelope ID:1 089F79F-AC8C4D29-AB7'6-DE549219Q4A7 September 15, 2020 Ms.Mary M. Barnes President/CEO Alzheimer's Community Care,Inc. 800 Northpoint Pkwy Ste 1016 West Palm Beach,FL 33407 Re; Agreement for Grant Award #24210188 Dear Ms. Barnes: Congratulations! I am pleased to inform you fhat the Community Foundatton for Palm Beach and Martin Counties,hereinafter referred to as"CFPBMC' has approved a grant to Alzheimer's Community Care,Inc.,hereinafter referred to as"Grantee"in the amount of $160,000.00 for the expansion of the ID Locator Service. In order for CFPBMC to fully execute this agreement we must receive a signed copy of this agreement in its entirety confirming acceptance of the terms and conditions of the grant as outlined below. This grant is made possible through the generosity of the Lottie French Lewis Fund of the CFPBMC. The grant period for this project starts on 10/01 2020 and ends 09/30/2022.The Grant Reports will be due on the dates stated below under Conditions. The Report of Grantee will be available by logging into our new online platform Foundant. A link will be provided at a later date to access the report form. Please reference#20210188 in all communications with the CFPBMC about this grant and/or project. Please sign dnd submit this Grant Agreement through Docu$Ign at your earliest convenience. Please do not send the signed copy by regular mall. Use of Grant. This grant is for expansion of the ID Locator Service and is made solely on behalf of achieving the objectives and outcomes and/or deliverables described in your proposal submitted to CFPBMC on 08/04/2020. Outcomes or Deliverables: The grantee is expected to achieve the following objectives and outcomes and/or deliverables described in your proposal; 1.The Organization will increase Its reach to community partners including law enforcement,community members at large,health and allied professionals and health professions students,by at least 25%per year over Fiscal Year 2019/2020. 2.As a result of expanding the network of community partners,the IA Locator Service will increase its delivery of services by 50%or more over the next 24 months,providing safety for 549 patients and peace of mind for an equal number of caregivers living in our community. Last year, 366 families in Palm Beach County who participated In this service were able to safely continue caring for their loved one.Although there were 25 elopements,I00°/a of patients were recovered with no injuries. Page 225 of 1906 Alzheimer's Community Care, Inc. Position Title: Director of Family Nurse Consultant Services Supervisor: Vice President of Community Care Services or President& CEO Division: Community Care Services Department: Family Nurse Consultant Department Status: Fulltime -Exempt Effective Date: February 23, 2021 Position's Ma for Description. This position's major focus as being a guardian of the Organization's three pillars which form the family centered approach to preserving safety, sustaining welfare and wellbeing, and protecting their dignity and integrity throughout the disease process. Also, is a director of licensed nurses, daily,to implementing the Organization's "model of care"within a community-based framework, performing as a navigator,within a fragmented,undertrained, and complicated health and human services network. Position Responsibilities: 1. Oversee and lead the day-to-day administration of the Family Nurse Consultant Services inclusive of the 2417 Alzheimer's Crisis Line, and support groups. 2. Delegates communications and administrative duties that are aligned with the competencies of an Administrative Assistants qualifications and job description. 3. Interacts with families whose love one has not yet been diagnosed(probable Alzheimer's)or other Neurocognitive disorders but indicates because medication has been provided or physician has stated they are suffering with a"dementia". 4. Direct the daily activities identified within case schedules,maintaining data integrity entered the Electronic Health Records tracks families' needs, and depicts resources, and services on a timely and routine basis. Analyze data on reported figures, export, extract, and compile information to produce reports that may suggest writing and data mapping exercises critical for conveying the authenticity and integrity of the department's work production, achievements, and effectiveness. 5. Influence the direction or aid users of information regarding data requirements and status of paperwork relating to contractual commitments. Request the training of data entry employees on the various database-envisioned outcomes and expected results. 6. Establish and evaluate annual competencies and instill measurable goals and objectives within the department on an annual basis for each Family Nurse Consultant(INC) and Family Nurse Consultant Assistant(FNCA)job description and evaluation tool. 7. Executes initiatives and critical thinking skills on behalf families as an influencer/enforcer/advocate when instructions for obtaining care require integration of services/resources to sustain patients within their homes and community, i.e., day care in conjunction with home health care,physical therapies with drug regimented schedule, Hospice care with Alzheimer's medication, etc. S. Supervise and Direct, inclusive of instructions, goals and objectives to the FNCs and Manager of FNCAs maintaining accountability for the overall performance and outcomes of the Family cases as it relates to their performance. 9. Interface with peers to coordinate these goals with the Organization's ID Locator Services, Finance, Development, Case Management, Specialized Alzheimer's Adult Day Care Services, and other programs that are available from time to time. M:\Grants\Grants\Boynton Beach\2021-2022 CDBG\Job Descriptions.docx 1 Page 226 of 1906 10.Maintain responsibility for the fiscal components of the department; monitors, reviews and approves all items that are billable to our funders; and monitors financial activity and explains the variances of actual data with the established budgets and benchmarks for billable purposes. 11.Provide statistical information to the Organization's leadership and others for sustaining the accountability of the Department's services and resources routinely and contribute to those meetings by submitting agenda items for discussion and consensus within a"think tank" environment. 12.Administer a 2417 Alzheimer's Crisis Line Schedule and the Case Schedules monthly for maintaining a structure of executing this life-impacting and life-altering service. 13. Oversee Quality Assurance and improvement activities for the FNC Services that preserve the standards of the Joint Commission's standards, and others that are monitored and audited by funding sources (United Way,FAA,ADI, foundations, etc.). 14. Administer the expenses and billing requirements attached to the Department's budget responsibilities for sustaining its components such as payroll,travel, and other expenses pre-approved and monitored by the Finance Department; assists with developing annual budgets and financial benchmarks in conjunction with the Finance Department. 15. Represent the Organization in public speaking engagements as requested, including but not limited to attending networking and outreach opportunities with health and human services professionals (non-profit and for profit) with opportunities for collaborations and at times partnerships when appropriate. 16. Conduct routine staff meetings and produces agendas and reports for ensuring open and sound communications at all levels, produce reports on said activities/decisions, as well as attendance. 17. Contribute to annual surveys that identify consumer satisfaction and to contribute to an analyzing exercise on the outcomes for lessons learned that will impact future strategies for maintaining the integrity and effectiveness of the Department. 18.Participate in short- and long-range planning projects including marketing strategies that could impact written promotional periodicals such as the magazine, SociAlz (Facebook, etc.),present and future printed materials for sustaining its authenticity and trends as well as accuracies. 19. Actively participate during emergency proceedings and implementation of procedures as they pertain to Special Needs Shelters, 2417 Crisis Line scheduling, annual contact with families for disaster planning purposes, administering the "teal bracelets" during a "hurricane watch" and other integrated resources during this high alert period. This position staffs in a Special Needs Shelter during an emergency. 20. Recruits,trains, evaluates, counsel/coaches, and mentors FNC and Manager of FNCAs, through leadership in an exemplary fashion. 21. Perform other duties as requested. Supervisory Responsibilities Direct and supervise the training exercises and execution of those competencies and procedures outlined with job descriptions to the FNC, Manager of FNCAs and Administrative Assistant. Conduct performance reviews and appraisals of employees supervised in accordance with personnel policies, depicted within positions annual goals and objectives and are aligned with division's measured outcomes and are assigned to the department. Ensures that staff acquire CDC protective devices, equipment and solvent supplies. Performance shall be measured with reference to "standards of performance"as agreed upon at M:\Grants\Grants\Boynton Beach\2021-2022 CDBG\lob Descriptions.docx 2 Page 227 of 1906 the start of each fiscal year and/or challenges like COVID-19, Hurricanes, in general, the appraisal shall relate to the quality of methods,procedures, services, and information provided to and by the Organization. Supervision Received: As a Director and daily access to supervisor as well as other department/division leadership as required as well as implementing an open-door policy that is interchangeable with supervisor and position. Much of the oversight is communicated through routine meeting agendas, reports, minutes and manuals that are written and verbal as well as electronic communication methods. Position Relationships: Works closely on a regular basis with half-time Administrative Assistants assignment schedule, internal and external departments' staff,volunteers or external contractual staff on a regular basis and the Leadership Team on a wide variety of projects that directly affect the daily operations of the department. Most contact is done through inter-office communications (i.e., e-mail, monthly newsletter, daily messaging, staff mailings, etc.), through telephone, agendas and reports, letters, and other written correspondence. Governance Structure: Serve as liaison and work closely with the CCS Standing Committee and other approved Board of Directors subcommittees. Government: Work with appropriate agencies' personnel regarding the Organization's contractual agreements, and related standards to produce and maintain records for measurable outcomes and regulatory compliance,which includes taking part in advocacy activities and initiatives. Public: Have extensive contact with patients, caregivers, family members, Adult Protective Services, Law Enforcement, support group attendees, stakeholders, and community groups with appropriate responses to telephone inquiries,written correspondence including, but not limited to, donors, community groups,volunteers, and committees. Performs as public speaker and provides training for law enforcement when requested by Vice Presidents such as Education and Quality Assurance, etc. Work conditions mav include, but are not limited to: 1. Walks or stands 20%of the time, sits the other 80%. 2. May drive 30%of the time. 3. Often works in shared group space with moderate noise level. 4. Works with frequent interruptions. 5. Travels regularly to Organization's other sites within 3 county service area and may have to travel periodically to conferences or meetings as needed. 6. Works with a D epartment team of more than 20 people and may interact with up to 30 people daily. 7. During emergency conditions, may be exposed to long working hours and/or disease pandemic,heat, rain,wind, or cold conditions. 8. May lift or assist with lifting in patient transfers from wheelchair to chair, wheelchair to toilet,vehicle to wheelchair, etc. 9. Provides or assists with personal care from 5 to 10 times per day when substituting in day care. 10. During working hours, may be exposed to offensive odors. M:\Grants\Grants\BoyrIt0n Beach12021-2022 CDBG\Job Descriptions.dou 3 Page 228 of 1906 11. During working hours, may be exposed to bodily fluids and is required to implement universal precautions procedures. _Position Requirements: Education: Bachelor's Degree in Nursing and a valid Florida RN nursing license. Must maintain current physical& TB test, CPR and DOEA certifications as applicable. Experience: Seven to ten years proven health care management or social service management experience required. 1 Year of training caregivers of people with Alzheimer's disease or documentation of a minimum of 3 years' experience providing care for people with Alzheimer's disease. Minimum of 2 years' supervisory experience and fiscal responsibility. Prior experience with Joint Commission accreditation process, preferred. Essential Job Requirements of Position: 1. Requires evening and weekend work at the height of the budgeting cycle and as emergency situations arise. In addition,the position may require work in excess of scheduled hours from time to time. 2. Must be able to balance both business and quality needs with ACC's culture. 3. Needs to provide effective oversight in multi-site community-based service model. 4. High levels of confidentiality regarding patient and family issues, diagnoses, financial status, etc., are required. All state and federal confidentiality and/or super-confidentiality laws related to medical records apply to this position. 5. Must be able to work indoors or outdoors based on patient or consumer needs. 6. Must have reliable transportation. Skills/Qualifications: 1. Must be a self-starter, creative and able to generate ideas. 2. Strong written and verbal communications skills. 3. Must be responsible, dependable,well-organized, logical, and able to flexibly set and reset priorities. 4. Must have high integrity. 5. Must be able to assist with all accreditation processes. 6. Must be proficient in the use of Microsoft Word and other related office and professional software as required by the organization. This includes all ACC's required databases. 7. Demonstrated ability to establish and maintain positive and productive working relationships with a cross-section of patients, caregivers and family members, community groups,volunteers, committees and staff. S. Demonstrated ability to work under pressure and meet deadlines. 9. Demonstrated ability to maintain accountability and to work independently and as part of a management team. Resources Provided,b ACC for Position_: 1. Mileage Reimbursement 2. Name Badge 3. Key(s)to building(s) 4. Alarm code(s)to building(s) 5. Tablet 6. Cellular telephone& charger MAGrants\Grants\Boynton Beach\2021-2022 CDBGUob Descriptions.dou 4 Page 229 of 1906 7. Company credit card Position Title: Family Nurse Consultant I - RN Supervisor: Director of Family Nurse Consulting Division: Community Care Services (CCS) Status: Exempt Effective Date: December 9, 2013 Revision Date: December 2020 Position Description: The Family Nurse Consultant I -RN is a registered nurse who administers healthcare skills that contribute to the emotional well-being and accessibility of supportive services for families, caregivers, or patients of Alzheimer's disease and/or other conditions resulting in dementia. The Family Nurse Consultant assesses Alzheimer's patients, caregivers, family members, or relatives regarding their emotional and physical health needs and existing or potential hazards due to the disease;provides health guidance, including emotional support for families and other supportive systems; and consults with, refers families to, and follows up with appropriate resources. This professional also interacts with the patient's physician or other community agencies to reduce hazards; gives, arranges for,teaches, and/or supports the care of Alzheimer's patients and caregivers in a crisis situation; acts as a resource for the community for crisis cases involving Alzheimer's or related dementia patients;participates in outreach and networking in the community to increase community awareness of Alzheimer's Community Care and its dementia-specific services; and presents educational offerings in the community for Alzheimer's Community Care on the disease process and dementia-specific care. M:\Grants\Grants\Boynton Beach\2023-2022 CIIBG\Job Descriptions.dou g Page 230 of 1906 Position Responsibilities: 1. Triages cases (crisis and non-crisis), assesses patient and caregivers needs, creates an individualized plan of care, and provides appropriate care management services. 2. Initiates and directs comprehensive services for implementing safety and preventive measures. Observes and estimates potential dangers of disabling conditions and indicates preventive and corrective measures when necessary. 3. Identifies environmental elements and health problems affecting the patient and family and makes/offers recommendations of corrective and/or preventive action be given to families and professionals. Completes appropriate follow-up in a logical time frame for maintaining continuous stability with the patient and family. 4. Coordinates and/or refers to outside agencies and service providers, either public or private,to ensure patient and caregiver's assessed needs are met. 5. Conducts initial, quarterly, and annual assessments and ensures regular ongoing contact with all cases throughout the year, following Organization's policies. 6. Participates in"on-call" rotation, after business hours, for the 24-hour Alzheimer's Community Care Crisis line service,with use of provided communication devices. 7. Develops collaborative relationships with the Specialized Adult Day Service Centers and provides leadership in educational and clinical domains. S. Provides education,training, and mentorship to new department staff and provides team leadership and support to peers. 9. Facilitates assigned Support Group(s), schedules approved speakers, follows up with struggling caregivers, attends own group at least monthly, and occasionally fills in as facilitator for other Region's support groups. May also assist Director of FNC in oversite of other groups. M:%M\Human Resources\Job DescriptionsTamily Nurse Consultant I RN rev Dec 2020.docx 2 M:\Grants\Grants\Boynton Beach\2021-2022 CDBG\Job Descriptions.docx 6 Page 231 of 1906 10. Regularly conducts own chart reviews as part of care planning for patient& caregiver and reviews every file prior to closing for adherence to the Organization's guidelines.Assists Director of FNC with clinical chart audits of practical nurses in department. 11. Participates in monthly inter-service meetings with other CCS division staff. 12. Substitutes in Alzheimer's Community Care's Specialized Adult Day Service Centers, as requested, on an emergency basis, administering medications, documenting, and providing personal care, including but not limited to assisting with ambulation, transferring, toileting, bathing, feeding, and other personal care issues. 13.Assists in presenting educational trainings on Alzheimer's disease and dementia-specific topics in the community. 14. Works with local Law Enforcement agencies on outreach programs within the community. 15. Represents AIzheimer's Community Care at professional meetings and outreach activities; serves on committees related to policies,procedures, records, etc.;maintains availability to health and human services professionals regarding Alzheimer's Community Care programs. 16. Maintains organized records and documents pertinent data. Accurately collects and enters data from source documents into Electronic Medical Record(EMR) database. 17. Ensures the assembly of clinical records and reports data in regular reporting procedures. Assists Director of FNC with department reporting. 18.Participates in and makes contributions to program development by sharing observations of changing community needs. 19.Assists ID Locator Service Department with enrollment and maintenance of equipment as assigned, and interfaces with the service and families when incorporating into patient's care plan. 20. Participates in Alzheimer's Community Care hurricane/disaster plans,volunteering for Special Needs Shelter activities as well as pre, during, and post event office activities. 21. Responsibilities include the timely entering of information into EMR database system,which requires accuracy, integrity, and competency. 22. Provides supervision and direction for volunteers assisting in Family Nurse Consultant Department, such as answering telephones, collating collateral, and attending health fairs. 23. Works together with Family Nurse Consultant Assistant maintaining case schedules; ensuring monthly and quarterly calls, and Initial and Annual Evaluations, are completed on time. This team approach requires collaboration, integrity, mutual respect, and professionalism. 24.Performs other duties as requested by the Director of Family Nurse Consultants. Supervisory Responsibilities: Provides supervision and direction for volunteers assisting in Family Nurse Consultant responsibilities such as answering telephones and attending health fairs. Supervision Received: Supervision received by the Director of Family Nurse Consultants and/or VP of Community Care Services. Little day-to-day supervision, as the position is highly self-motivated. Participates in regularly scheduled meetings with supervisor. Position Relationships: Internal Relationships: Close working relationship with FNCAs, Director of FNC,Manager of FNCAs, and peer FNCs, as well as other CCS Division staff, such as Case Managers, Specialized Day Centers, and ID Locator Services. Also works with Education Department staff, and volunteers. Works as a team member with other Organization staff and departments to MAGrantAGrantswoynton Beach\2021-2022 CDBG\Job Descriptions.docx Page 232 of 1906 accomplish required tasks. M:%M\Human Resources\Job DescriptionsTamily Nurse Consultant I RN rev Dec 2020.docx 3 M:\Grants\Grants\Boynton Beach\2021-2022 CDBG\Jab Descriptions.docx 8 Page 233 of 1906 External Relationships: Daily contact with the public on the phone and in person. Frequent contact with vendors of services, community, and government agencies. Provides monthly report on activities of position and program. Other Relevant Aspects of Position: May require work,in excess of scheduled hours from time to time. Requires frequent travel throughout the community. Governing Structure: Interactions limited to attending annual Board Meetings. Working alongside Board members on projects and special events. Government: Interactions with auditors and surveyors of governing agencies as well as government employees such as law enforcement, case managers, etc. Work conditions may include, but are not limited to: 1. Walks or stands 50%of the time, sits the other 50%. 2. May drive 20%of the time. 3. May lift or assist with lifting in patient transfers from wheelchair to chair, wheelchair to toilet, vehicle to wheelchair, etc. 4. Provides or assists with personal care from 5 to 10 times per day when substituting in Specialized Adult Day Service Centers. 5. Often works in shared group space with moderate noise level. 6. Works with frequent interruptions. 7. Works with a Department team of up to 15 people and may interact with up to 40 people daily. S. During emergency conditions,may be exposed to long working hours and/or heat, rain,wind, or cold. 9. During working hours, may be exposed to offensive odors. 10. During working hours, may be exposed to bodily fluids and is required to implement universal precautions procedures. 1. High levels of confidentiality regarding patient and family issues, diagnoses, financial status, etc. All federal confidentiality and/or super-confidentiality laws related to medical records apply to this position. 2. Must maintain current CPR, active Florida RN license with no restrictions, and Level 11 criminal background eligibility for both DOEA and AHCA. 3. May require work in excess of scheduled hours from time to time. Position Requirements: Education: Associate Degree in Nursing (ADN)required and possess a current Florida Registered Nurse (RN) license, with no restrictions on nursing practice. Experience: Two (2)years' clinical experience and preferably psychiatric or crisis intervention background;meeting minimum years of clinical experience can be substituted by relevant work experience.Possesses knowledge and ability to provide comprehensive nursing care and knowledge of community and home health services,public health science, and the long-term care continuum of community-based, home, and institutional services. Essential Job Requirements of Position: \Human Resources\Job Descriptions\Family Nurse Consultant I RN rev Dee 2020.docx 4 MAGrants\Grants\Boynton Beach\2021-2022 CDBG\Job Descriptions.dou 9 Page 234 of 1906 4.Must possess the ability to lift 50 lbs.maximum with frequent lifting and carrying of objects weighting up to 25 lbs.when substituting in Specialized Adult Day Service Centers. 5. Must possess the ability to frequently stand,walk, speak clearly,hear patients' communications, stoop,kneel, crouch, reach, and handle program supplies/equipment. 6. Must be able to work indoors or outdoors based on patient needs. Position Title: Director of ID Locator Services Supervisor: Vice President of Community Care Services Division.: Community Care Services FLSA Status: Exempt Effective Date: October 1, 2014 Revision Date: January 6, 2020 Position's Major Description: The Director of ID Locator Services primary duty is to execute the promise that the Organization places a safetynet around patients and caregivers every day. These duties include oversight of the mission and goals of the service, directs and manages staff and training, facilitation of the service to patients and caregivers within the three service areas, provision of equipment and inventory, serves as the point person with communications to and from SafetyNet Tracking Systems, Law Enforcement and caregivers in an elopement event, also includes supporting ongoing relationships with community partners and the reporting lead to committee members,team members and leadership. Facilitates special projects and other program related tasks as requested. Position Duties & Responsibilities: 1. Organizes, coordinates, and manages ID Locator caregiver and patient files and updates computer and realignment of databases as needed. 2. Assists with the procurement, sustainment of inventory and disbursement of supplies in coordination with department equipment. 3. Ensures that the functionality of the ID Locator Services is aligned with all contracted agreements. 4. Communicates with staff providing referrals to the service and follow-up of locators. 5. Oversees the flow of incoming referrals, determines urgency and the disbursement of equipment as needed. 6. Generates reports at the direction of the VP of Community Care Services (CCS)monthly. 7. Maintains master spreadsheet on inactive/active patients on the ID Locator Services for the tracking, reporting and coordination of services FNC crisis line rotation. 8. Coordinates service delivery with ID Locator Coordinator(s)/Assistant(s)for assistance where necessary and as back-up when out of the office. 9. Utilizes SafetyNet tracking equipment to coordinate and conduct searches for a missing transmitter within the home and perimeter for the caregiver and patient,when needed. 10. Updates forms and other department related documents as directed by the VP of CCS, provides recommendations regarding department documents,policies and procedures and updates forms and other programs documents as needed. 11. Provides service overview to newly hired staff and resources within their respective territory related to the service delivery. M:\Grants\Grants\Boynton Beach\2021-2022 CDBG\Job Descriptions.docx 10 Page 235 of 1906 12. Provides direction, guidance and instruction to ID Locator Coordinator(s)/Assistants(s) and designated staff to sustain unrivaled customer service to caregivers and patients within the service territories. 13. Attends appropriate committee meetings and provides education and supportive materials relative to the service and its development. 14. Is responsible for all information as it relates to registrations,printed materials and verbal and written communications describing the service. 15. Provides support and assistance in special projects as designated by the Vice President of Community Care Services. 16. May assist Family Nurse Consultants, caregivers, family members and the professional community to facilitate service provision and community relations. 17. Responds to activity as required in organizational disaster plans related to ID Locator Services or where designated. Participates in Emergency Management/Business Continuation Plans as requested. 18. Works with Grants Department to produce reports/information/deliverables on grants/projects for funding purposes. 19.Responsibilities include entering information into various database systems which requires accuracy, integrity and competency. Le. Excel, Word,ADS, SAMIS, and other Web-based data bases to support service reporting and delivery. 20. Contributes with the development& implementing of policies to guide data entry, documenting database changes and making sure that the database effectively captures patient and caregiver information and generates analytical reports (where applicable) 21. Performs other administrative tasks as directed. Supervisory Responsibilities: Direct and supervise the training exercises and execution of those competencies and procedures for ID Locator Coordinator(s)/Assistant(s). Conduct performance reviews and appraisals of employees supervised in accordance with personnel policies adopted by the Organization. Performance shall be measured with reference to "standards of performance"as agreed upon competencies at the beginning of each fiscal year and in general,the appraisal shall relate to the quality of methods,procedures, services, and information provided to and by the Organization. Responsibilities also include interviewing, hiring, and training employees;planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems. 1. Supervises production and performance of ID PA, FNCA and assistance from Volunteers on various projects. 2. Review and approve Paymaster for payroll submission(including mileage and expenses) 3. Review and approve all PTO request(s) for staff. 4. Monitor hours worked by staff;to prevent non-exempt staff from exceeding 40 hours per week work schedule,unless overtime is previously approved by either the Vice President of Community Care Services or the CEO. 5. Administer Performance Review(s)in accordance with organizations guidelines and timeframe. This includes conducting the 6-month performance evaluation. 6. Assist and/or provide further educational opportunities or tools to support and further the working knowledge needed for position performance. 7. Responsible for conducting and fulfilling the orientation for all newly hired team members. Position Relationships: M:\Grants\Grants\Boynton Beach\2021-2022 CDBG\Job Descriptions.dou 11 Page 236 of 1906 Internal Relationships: Close working relationship with ID Locator Coordinator(s)/Assistant(s), Family Nurse Consultants, Family Nurse Consultant Assistants, Case Managers, Director of Family Nurse Consultants, Director of Specialized Day Services, Specialized Day Services staff, volunteers and Leadership. Works as a team member with other staff and departments to accomplish required tasks. External Relationships: Contact with patients, caregivers and family members, as well as healthcare professionals, law enforcement and vendors as needed. Contact may occur on the telephone and in person. Other Relevant Ani,ects of Position: May require work in excess of scheduled hours from time to time. Travel may be broad due to three county service coverage. Position Reguirements: Education and Experience: The employee is a professional with a high school diploma and/or three years of professional experience in a care management setting. Qualifications/Skills/Abilities: 1. Must be highly organized, independent, self motivated and self-directed. 2. Computer literate in Microsoft Word,PowerPoint and Excel Spreadsheet and in the use of all office equipment(multi-line phone system, fax, copier,postage machine and meters). 3. Models effective customer relationship skills in both intake and feedback processes. 4. Excellent communication and people skills, both oral and written,with comfort in making outreach calls. 5. Must possess reliable transportation. Working Conditions: 1. Walking or standing 70% of the time, sitting 30%of the time and driving 60%of time. 2. Driving 50 to 250 miles on highways and side streets a week. 3. Works in shared office area with moderate noise level and restricted workspace. 4. Works with a department team of up to 70 people and may interact with up to 30 people daily. 5. During emergency conditions, may be exposed to long working hours. 6. During working hours, may be exposed to offensive odors. Position Resources: 1. Desktop setup 2. ACC Cell Phone and charger; 3. Business Cards; 4. Professional Name Tag; 5. Necessary Door Keys; 6. Necessary Door Alarm Code(s); 7. Long Distance Code; 8. Mileage Reimbursement 9. Tablet 10. 4 in 1 Fax/Copier machine Position Title: ID Locator Assistant for Palm Beach County M:\Grants\Grants\Boynton Beach\2021-2022 CDBG\Job Descriptions.doa 12 Page 237 of 1906 Supervisor: Director of ID Locator Service Department: ID Locator Service FLSA Status: Non-Exempt Effective Date: July 1, 2016 Revision Date: May 14, 2020 Position's MajorDeserhtiow. The ID Locator Assistant (Assist t) pr vide p an o s direct administrative support to the mission of facilitating the ID Locator Service to patients and caregivers served by Alzheimer's Community Care. The position's primary responsibilities include: supporting effective customer service, coordination of referrals and other informational inquires either electronically or other forms of communications for service delivery, assists with inventory control, organization and maintenance of patient and caregiver files, ensures accuracy and timeliness of data entry, support to the continued allegiance with SafetyNet Tracking Systems and Law Enforcement including internal and external relationships and providing administrative support to the Director of ID Locator Service. Position,Res ponsibilities: 1. Secures appropriate referrals and coordinates enrollment with the caregiver or designee within the respective territory of Palm Beach County or otherwise directed. 2. Schedules and arranges enrollment appointments with the caregiver or designee at the nearest Specialized Day Service Center(SDSC), Organization's office or in the home. Prepares the enrollment documents and handout materials prior to appointment. 3. Manages informational calls regarding the service, scheduling or rescheduling inquiries, follow up calls with caregivers or designee regarding the equipment and service process. 4. Responsible for managing and scheduling the monthly maintenance with caregivers or designee for an office or home visit or visit a local SDSC for the band and/or battery changes for the patient where applicable. 5. Collaborates with SDSC to maintain service delivery as follows: provides supplies as needed, communicates visits to the center by the caregiver or designee for bandibattery changes or other related tasks, communicates battery changes due for patients in attendance at each center, documents supply provided for inventory control,notifies relevant staff of patient and caregiver changes and sustains accessibility to questions or further assistance requested. 6. Maintains monitoring of supplies needed for service delivery inclusive of. enrollment handout materials, office supplies, equipment accessories and other related items. 7. Provides supportive documentation on the monthly worksheet(s)which contributes to the ID Locator Master spreadsheet that holds information for multiple reporting and tracking needs. 8. Accurately enters information into the Organization's E and the SafetyNct Tracking Systems databases daily or when necessary. This information may include: patient and caregiver demographics, equipment information, service coding,relative documents and the routine and unscheduled progress note data entry. 9. Processes and provides supportive documents and communication to team members and applicable outside entities regarding completed enrollments, annual file review M:\Grants\Grants\Boynton Beach\2021-2022 CDBG\Job Descriptions,dou 13 Page 238 of 1906 and/or received information updates, updated photographs and other related contact and/or mailings where applicable. 10.Ensures forwarding of, receipt and file maintenance of the tracking logs for caregivers and from SDSC Staff which includes communication of missing information. 11.Ensures the execution of replacement equipment following outlined guidelines, follows applicable equipment inventory,maintains accurate records of equipment and supplies for inventory tracking and reporting purposes and assists team members with trouble shooting equipment challenges and/or questions. 12. Coordinates scheduling of missing equipment searches with the SafetyNet search equipment with the caregiver and/or family member involved. Also, follows up and communicates with commercial entities relating to missing equipment and documents relevant databases. 13. Coordinates projects and materials for volunteers. 14.Responsibilities include entering information into various database systems which requires accuracy, integrity and competency. i.e. Excel, Word,EMR/ADS, SAMIS, and other Web-based databases to support service reporting and delivery. 15. Substitutes in Alzheimer's Community Care's Specialized Adult Day Service Centers, on an emergency basis with assignments specified by the Program Manager and/or Program Nurse including engaging with patients for participation in activities, serving food and general clean-up. 16.Performs other tasks and assignments as directed and requested by the Director of ID Locator Service including duties with disaster preparedness and business recovery. SpA:Pervisory Responsibilities: Supervises work of volunteers on related projects. Position Relationships: Internal Relationships: Director of ID Locator Service and colleagues within the ID Locator Service department, Community Care Services Administrative Assistant, Director of Family Nurse Consultants,Family Nurse Consultants, Family Nurse Consultant Assistants, Director of Case Management, Case Managers, Director of Specialized Day Services, Specialized Day Services staff,Volunteers and other Organization team members. Works in a team environment across multiple departments to accomplish required tasks. External Relationships: Both direct or non-direct contact with patients, caregivers, family members, healthcare professionals and community partners. Other Relevant Asnects of Position: May require work in excess of scheduled hours from time to time. May require travel to patients' homes and other offices of the Organization as needed. Position Re :uirements: Education and Experience: The ID Locator Assistant is a professional with a high school diploma and/or equivalent; and three years of professional experience in administration duties, health related preferred. Essential Job Reg girements of Position: 1. Must pass drug and level II background screenings by Department of Elder Affairs and Agency for Health Care Administration. 2. Must be free of communicable diseases. M:\Grants\Grants\Boynton Beach\2021-2022 CDBG\3ob Descriptions.dou 14 Page 239 of 1906 Qualifications/Skills/Abilities: 1. Must be organized, independent,motivated and self-directed. 2. Computer literate in Microsoft Word and Excel Spreadsheet and in the use of all office equipment(i.e. multi-line phone system, fax, copier,postage machine). 3. Models effective customer relationship skills in both intake and feedback processes. 4. Must have ability to exercise sound judgement, develop and initiate work solutions to obstacles and problem-solving skills and broaden creative thinking. 5. Excellent communication skills,both oral and written, with comfort in making outreach calls. b. Must possess reliable transportation. Working Conditions; 1. Walks, stands, drives 45%of the time, and sits the other 55%. 2. Works in shared office area with moderate noise level and restricted workspace. 3. Works with a department team of up to 70 people and may interact with up to 30 people daily. 4. During emergency conditions,may be exposed to long working hours. 5. During working hours,may be exposed to offensive odors. MAGrants\Grants\Boynton Beach\2021-2022 CDBG\Job Descriptions.docx 15 Page 240 of 1906 Position resources: 1. Cellphone and Charger 2. Desktop Computer and Lap-Top 3. Professional Name Badge 4. Business Cards 5. Office Key(s) b. Alarm Code(s),where applicable 7. Mileage Reimbursement M:\Grants\Grants\Boynton Beach\2021-2022 CDBG\Job Descriptions.docx 16 Page 241 of 1906 ALZHEIMERS COMMUNITY CAREa, ASSESSMENT TOOLS DATA REPORTING TOOLS Page 242 of 1906 Page 243 of 1906 �i C6o)IJAM"T Patient Narrec: Date.-.— Brief ate:Brief Interview for Mental Status (RIMS) Ask patient: "I am going to say three words for you to remember. Please repeat the words after I have said all three. The words ore sock, blue and bed. Now tell me the three words". Number of words repeated after first attempt: [ ] 0. None [ 11. One [ 12.Two [ ] 3.Three After the patient's first attempt, repeat the words using cues ("sock,something to wear, blue, a color;bed, a piece of furniture"). You may repeat the words up to two more times. Temporal orientation (orientation to month,year and day) Ask patient, "Please tell me what year it is right now". [ ] 0. Missed by>5 years, or no answer [ ] 1. Missed by 2-5 years [ ] 2. Missed by 1 year [ ] 3.Correct Ask patient, "What month are we in right now?" [ ] 0. Missed by>1 month, or no answer [ ] 1. Missed by 6 days to one month [ ] 2.Accurate within 5 days Ask patient, "What day of the week is today?" [ ] 0. Incorrect, or no answer [ ] 1. Correct Recall: Ask patient, "let's go back to the earlier question. What were the three words that t asked you to repeat?" If unable to remember a word, give cue ("something to wear" "a color' "a piece of furniture")for that word. Able to recall "SOCK" [ ] O.No—could not recall [ ] 1.Yes, after cue [ ] 2.Yes, NO cue required Able to recall "BLUE" [ ] O.No—could not recall [ ] 1.Yes, after cue [ ] 2.Yes, NO cue required Able to recall "BED" [ ] O.No—could not recall [ ] 1.Yes, after cue [ ] 2.Yes, NO cue required SCORE: Key: 0—7=severe impairment 8— 2Z=moderately impaired 13— 15 eognitively intact Page 244 of 1906 Page 245 of 1906 ................. ...... ........__ ............._,....__ _._..........._..................... j Name: ........— -_ -- m THE 7ARIT BURDEN INTERVIEW O Steven Zarit 1980 Circle the response that best describes how you feel Never [barely Sometimes Quite Nearly Score Freguentl;, Alwa�vs w _. ....__ _ 1. Do you feel that your relative asks for more help a 1 2 3 4 than he/she needs? with our relative that you don't have enough O�. i 1 Z~ � _.... t 3 � 4 Y Y gh time E for yourself? 3. Do you feel stressed between caring for your 0 1 2 3 4 relative and trying to meet other responsibilities for your family or work? 4. Do you feel embarrassed over your relative's 0 1 2 3 4 behavior? 5. Do you feel angry when you are around your D 1 2 3 4 relative? 6. Do you fee[that your relative currently affects 0 s 1 2 3 4 your relationships with other family members or friends in a negative ways 7.tlAre you afraid what the future holds for your 0 1 2 3 4 relative? f 8. Do you feel your relative is dependent on you? 0 1 2 3 4 9. Do you feel strained when you are around your 0 1 2 3 4 relative? 10. Do you feel your health has suffered because of 0 1 2 3 4 your involvement with your relative? 11. Do you feel that you don't have as much privacy 0 1 2 3 4 as you would like because of your relative? 12. Do you feel that your social He has suffered 0 i 1 2 3 4 because you are caring for your relative? 13. Do you feel uncomfortable about having friends 0 1 2 3 4 over because of your relative? 14. Do you feel that your relative seems to expect 0 1 2 3 4 you to take care of him/her as if you were the only one he/she could depend on? 15. Do you feel that you don't have enough money 0 1 2 I 3 4 I to take care of your relative in addition to the rest of your expenses? ,.,u. 16. Do you feel that you will be unable to take care 0 1 2 3 4 of your relative much longer? 17. Do you feel you have lost control of your life 0 1 j 2 3 4 f since your relative's illness? 18. no you wish you could leave the care of your 0 1 2 3 4 relative to someone else? m. 19. Do you feel uncertain about what to do about 0 1 2 3 4 your relative? 20. Do you feel you should bedoing more for your 0 1 1 2 3 1 4 relative? 21.Do you feel you could do a better job in caring 0 1 2 3 4 for your relatives i 22.Overall, how burdened do you feel in caring for 0 1 2 3 4 your relative? vnu _ — f v.,,. Ranges:0-20=little or no burden,21-40=mild to moderate,41-60=moderate to severe,61-88=severe burden Tota Decreased=moved to looter range Stable= still in same range increased=moved to higher range Page 246 of 1906 Page 247 of 1906 Patient Name: Date: Lewy Body Composite Risk Score Please rate the following physical findings being present or absent for the past SIX months, and symptoms as being present or absent for at least THREE times over the past SIX months: Does the patient: Yes No _ -------- Have slowness in initiating and maintaining movement or have frequent hesitations or pauses during movement? ............ _..... _.__ .._........_....... ....... __.. Have rigidity,with or without cogwheeling(alternating resistance to and compliance with imposed passive limb movement)on passive range of motion in any of the four extremities? Have a loss of postural stability(balance)with or without frequent falls? Have a tremor at rest in any of the four extremities or head? Have excessive daytime sleepiness and/or seem drowsy and lethargic when awake? _._ _: -- - - .._ �._ Have episodesof illogical thinking or incoherent, random thoughts? _._ _.__ .._ _. Have frequent staring spells or periods of blank looks? _.._.� _.._ _ .......... I Have visual hallucinations(see things not really there)? Appear to act out his/her dreams(kick, punch, thrash, shout or scream)? Have orthostatic hypotension or other signs of autonomic insufficiency(such as heart rate, body temperature, breathing rate,digestion)? 5core of 3-10=probable Lewy Body case Total Score: (number of YES responses) Copyright 2015 The iewy Body Composite ftk score,James E.Galvin Tip: Lewy Body disease does NOT typically begin with short-term memory loss-unllke AD Pseudo-Bulbar Affect PBA Scale 1=never 2= rarely 3=occasionally 4=frequently 5=most of the time Score --------.................. There are times when I feel fine one minute,and then I'll become tearful the next over something small or for no reason at all Others have told me that I seem to become amused very easily or that I seem to become amused about things that really aren't funny „I find myself crying very easily [find that even when I try to control my laughter, I am often unable to do so There are times when I won't be thinking of anything happy or funny at all, but then I'll suddenly be overcome by funny or happy thoughts find that even when I try to control my crying, I am often unable to do so _. ._. .........__-.—I find that I am easily overcome by laughter Score of 13 or higher may Indicate PBA Total Score: Recommend follow up with primary physician and/or neurologist or neuropsychologist for any positive findings Page 248 of 1906 Page 249 of 1906 Name: ..__.._.... __. � � patient [ ] caregiver Date: Patient Fieaith questionnaire 9 iPH -9i Over the last 2 weeks,,how often have you been bothered by any of the following problems: Circte the number for each question Nat at several More than Nearly all days half the days everyday 1, Little interest or pleasure in doing things tol. ( 2 3 2. Feeling down,depressed,or hopeless 2 3 __._.........._� e- ._.... ... .. ,......_..3. Trouble falling or staying asleep, or sleeping too much 2 3 4. Feeling tired or having little energy 2 3 5. Poor appetite or having little energy 2 3 _®.... ............. 6. Feeling bad about yourself-or that you are a failure or have let yourself or 0 i 1 2 3 your family down 7. Trouble concentrating on things,such as reading the newspaper or watching 0 1 2 3 television 8. Moving or speaking so slowly that other people could have noticed? Or the 0 1 2 3 opposite-being so fidgety or restless that yo u have been moving around a lot more than usual 9. Thoughts that you would be better off dead or hurting yourself in some way 0 1 2 3 Total Score: add the circled numbers in all columns:_�_ Interpreting PHQ-9 Scores __.... _ .._ ._... _.... _ ... Minimal depression 0-4 Mild depression 5-9 Moderate depression j 0-14 _. ........ �e Moderately severe depression 15719 Severe depression 20-27 <_4 The score suggests the patient may not need depression treatment 5-14 Physician uses clinical judgment about treatment,based on patient's duration of symptoms and functional impairment > 14 Warrants treatment for depression,using antidepressant,psychotherapy and/or a combination of treatment Page 250 of 1906 Page 251 of 1906 Alzheimer's Community Care 6/14/2021 ID LOCATOR SERVICE-STATISTICAL DATA MAY 2021 uu MALE MARTIN PALM BEACH ST.LUCIE UNKNOWN Total RECAP Active.Radia Frecluency(RF) 4 69 12 0 85 Non-Active 47 273 99 0 41.9 Bracelets by County New Enrollments { 0 6 1 0 7 Martin 10 Haw Many Have Bracelets That Are Active 4 12 12 0 85 Palm Beach 171 AVERAGE AGE OF PATIENTS 76 76 80 0 77 St.Lucie 26 AVERAGE AGE OF CAREGIVERS(Manual Entry) Unknown 0 ... ,.,,. Total 207 FEMALES MARTIN PALM BEACH ST.LUCIE UNKNOWN Total Active:RadioFre quency(RF) 6 102 14 0 122 Bracelet Inventory(Man.Entry) Non,Active 59 360 118 0 537 Unassigned 53 New Enrollments [ 0 8 1 0 9 Purchasec12013-2020 400 How Many Have Bracelets That Are Active 6 102 27 0 122 Assigned 207 AVERAGE AGE OF PATIENTS 78 79 79 0 79 Lost AVERAGE AGE OF CAREGIVERS(Manual Entry) Expired Devices 40 Lend to SN-recd 0 TOTALS(Male&Female) MARTIN PALM BEACH ST.LUCIE UNKNOWN ;Total gACtive IO 171 26 0 207 Cultural Mix Non-Active 106 633 217 0 956 Black 71 New Enrollments:Radio Frequency(RF) 0 14 2 0 i6 White 94 Average age of patients:RF 77 78 80 0 78 Other/Unknown 5 ELOPEMENTS RF: (Manual Entries) MARTIN PALM BEACH ST,LUCIE Total More than Once 1 L v:F.nfareanr n[ ( 0 0 0 0 More than Twice 0 0` 0 More than Three 5afetyNet Tracking Systems{ 0 0 0 0 More than Four Internal: {FNC 0 2 0 0 End of Month Total l 0 2 0 2 Avg.Age of Patients(Fe/Male) Fiscal Year 2 21 3 26 Martin 77 Since inception(June 7 2013-04/30/211„ 10 124 16 150 Palm Beach 78 PROGRAM EXITS-RF (Manual Entries) MARTIN PALM BEACH ST.LUCIE Total St.Lucie 80 Patient No Longer Ambulatory s` 0 1 1 2 Pal ientorCaregiver Non-Cam pliant:( 0 1 0 1 Funding Placed: i 0 5 0 5 Device 59 Patient Deceased:( 1 0 0 1 Leather Band 12 Other:Please specify Rea5nn/Number: 0 1 0 1 Replacement Tester 0 Patients Exited from Program(Total) 1 8 1 10 None/NA 1093 Total: 1164 -Leneth of Time Patient was Enrolled RF:€,'months) 0 0 0 0 Pundinq it tludes raf activeleacWc, BRACELET INVENTORY RI=(Manual Entries) MARTIN PALM BEACH ST.LUCIE Total Purchased(June 2013-December 2019) 0 0 0 0 Logit/damaged: ( 0 d 0 100 Avg,q of Months Patient is Active/inactive REFERRALS (Manual Entries) MARTIN PALM BEACH ST.LUCIE Total Wearing RF Device Referrals Received:radiofrequency 1 14 2 17 Active InActive Referrals not enrotled:radio frequency 0 0 0 0 Female-Total 20.22 13.18 Referrals Received:medical ID 0 4 3 7 Martin County 25.33 9188 Referrals riot enrolled medical ID 0 0 0 0 Palm Beach County 19.96 13.15 ACTIVE D8{'Cdre&Con7F1 unity e MARTIN PALM BEACH ST.LUCIE Total St.Lucie County 19,27 1895 Attends Day Care:RF Patients 4 79 19 102 Community:RF Patients 6 92 7 .105 Male-Total 20.49 12.59 TOTAL 10 171 26 207Martin County 13.00 12.74 Attends Day Care:Medical IO Patients 0 37 17 S4 Palm Beach County 21.,16 12.08 Community.Medical ID Patients 17 41 14 72 St.tucle County 19.40 14.04 TOTAL 17 78 31 126 IndlanRiver 0.00 AveraEe age of patients:Medical ID Patients 8i 8D 82 81 (EBMS)EOM Billable Flours Served MARTEN PALM BEACH ST.LUCIE Total Total Avg.Months 20.33 12.93 BIiiabte Hours 13 97.75 36.75 147,50 Travel Time 1.50 15.75 4.75 22.00 Grand Total-MAY 14.50 113.50 41.50 169.50 Page 252 of 1906 Page 253 of 1906 " Fiscal Year 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING APPLICATION )BMiSS110a , E FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: i City of Boynton Beach Community Improvement Division 100 E. Ocean Avenue, Boynton Beach, FL 33435 Telephone: 561-742-6359 RJ Ramirez Community Improvement Program Manager Email: r ir,e r : fl. Page 254 of 1906 Agency Name: Boynton Beach Faith Base CDC,,anc. Project: Family Stren heni - Emergency Food,Shelter& Financial Aid Pro ram APPLICATION ,..------.- X Submit Electronic Application Only X Application is signed and dated. By Director, and Board Chairperson s X 501(c) (3) is attached (if applicable). Board Member list. X Copy of latest audit. X All funding sources for this project identified. ADDITIONAL ATTACHMENTS X Attachment 1 1 Agency Articles of Incorporation and Agency By-laws X Attachment 2 Copies of current license(s) needed to operate (as applicable to the funded activity) _......_ _ ......m X Attachment 3 Evidence of matching contributions A description/schedule of fees charged to the targeted X Attachment 4 beneficiaries of the programs/services/facilities to be funded (if _ applicable) A job description for each position for which funds are being Xn Attachment 5 requested (explain salary increase request if higher than amount funded last year) FY 2021 CDBG Funding Application Page 255 of 1906 3 FY 2021 Funding Request To submit an application, complete A — G, Attachments 1-5 (if applicable) and any other items requested. Do not include any items that are not requested. Submit application to RJ Ramirez, Grants Manager, Community Improvement Division, 100 East Ocean Avenue, Boynton Beach, FL 33435 by 430pm,July 2, 2021. Please review the "Subrecipient Guide" for the Programs,goals, requirements, and timelines. For assistance,please call the Community Improvement Division at 561-742-6359. A. GENERAL INFORMATION 1. Name of Applicant: §o nton Beach Faith Based CDC Inc. X Non-profit Neighborhood Association For-Profit CHDO (Provide copy of your IRS ruling providing tax exempt status under Section 501(c)(3)of the 1986 IRS Code if you are a non-profit) 2. Name of Project Family Stren henina,—EmergenEy food Shelter&Financial Assistance 3. Area or Location of Project: Heart of Boynton Beach-see Map 4. Contact Person/Title: Keturah Joseph, Executive Director (Preferably Pres./Director) Email Address: hfhd : ,yIA Additional Contact Person/Title: Sher Johnson Social Service Director (Preferably Person responsible for preparing reports) Alternate Email Address �j :s.o ')bo mtonbeachcdc.org Mailing Address/Zip: 2191 N. Seacrest Blvd.,, Boyn#on Beach, FL 33435 Telephone: 561-752-0303 (0), 561-386-4261 (cell), Fax: 561-2445046 5. Grant Request Activity Area: X Public Service, that include Homeless Supportive Housing & HIV/AIDS Outreach Homeless Prevention Services (Family Strengthening), Senior Services, Housing Counselling Homeless Prevention Services Public Facility Other Public Safety/Crime Prevention Economic Development Senior Services -Youth Programs 6. Amount of Funds Requested for Project: $65,000 7. Amount of Matching Funds for Project: $90,000 Match Type: Cash Sweat Equity XXX Other Grants Donations. FY 2021 CDBG Funding Application Page 256 of 1906 Identify Source of Match: Jim Moran Foundation Elder Care. 50,000 and Jim Moran Foundation-Famil Strep then)_,Emergent 'Food Shelter& Financial Aidi L 40,000. Both Grants have been approved FomilyStrenQthening, was received last week and the 2"d r. Elder Care funds will be sent at the completion oche 1st ~.Jul 30 2021. Both grants are dor FY 2021 x`22. Award Letters are attached as Matching Funds Evidence. 8. Unduplicated Units Served (agency's definition) unduplicated individuals All clients/households that are provided services during the length of the project are only counted ONCE during the length of that project/contract, generally one year. CDBG: (a) Total CDBG Funds Requested $65,000 (b) Total Unduplicated Units Served 1.950 (Explain how determined?) Beneficiary Data is collected and maintained in an excel program ar clients served each year based on previous collection of last years services our »nn, nnn . proiections indicate that we anticipate that we will be royidinservices to ap,proximately the same number again this year or more because of the ,pandemic economic hardship experienced by our community (c) Average CD Cost Per Unit (a/b) L%3.33&per unit. TOTAL PROJECT: (a) Total Project $393,850 (b) Total Unduplicated Units Served 1,950 (Explain haw determined?) Beneficiafy Data is collected and maintained in an excel aro rr am dor clients served each year, based on previous collection o last year's services our roections indicate that our client base increased from 300 the _revious year to 1,,500 with the absorption of the Community Caring Center's 41tqff and the intentional expansion efforts of the social service 1Pdeartrnent raroarammrn ._ INe anticipate that we will berovrdrno services to approximately the samenumbers IU ain this yearand i undina permits and new this year is our Health Department Grant providing for Comm un&Outreach to create awareness regarding HIY AIDS we can add another 200 or more to that number plus out dedicated sta to Emerclencv Assistance Aplications another 250 or Hausin Counseling increase our units of clients served to 1~950. (c) Average Cost Per Unit (a/b) $201.97 per,unit FY 2021 CDBG Finding Application Page 257 of 1906 9. Is this project: _A new service;or X A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee's Consolidated Plan Annual Action Plan 10. Could this project occur without these funds? X Yes No 11. Will this project continue after our funding ends? X—Yes No B. PROPOSED PROJECT: Project Description: In three sentences concisely describe your project. This description will be used in future publications should your application be approved. Limit to three sentences. Our Pro'ect serves individuals and families within the_CDBG area !Census Tract 61 &) Code p–,- 33435 with boundaries setas West 1-95, East – Intracoastal North - Hyoluxo Rd, South - Woolbriaht Roads by providing in-take& needs assessment,, case management and.communit, outreach as we leverage our resources and connect them to additional local counq and state services and resources. This CDBG area is known as an underserved low-income, A ricanAmerican community, des!-Hated by the USDA as a Class 1 food desel., denti ied the PBC Hunner Rel1eF`Task Force to have the highest number of seniors 65 and over living in poverty, and design aced as a oriorit zone For its Boor health indicators, and confirmed by local hospitals that 1 in 3„seniors are malnourished upon admission. Our programs include, Senior Careiving called Aging in Place.” Family Strenothenino ( meraencv Foods Shelter & Financial Assistance) to assist Families to reboundrom the andemicand a Supoortive Housing Proarom with 2 cam uses and an Outreach initiative to promote H1Vj_1AIDS awareness. C. STRATEGY: Check the ONE STRATEGY that best describes your project and provide number of units that will be served under this program. Check One Specific Objective Number of Units This Project Will Serve _._ _....... .m_ Housing/Non-Housing Community Development Plan Economic Dev. Jobs Created: ..—. ......__.___. .... .. ....... ...... _..._ ___ _ ....... Public Safety/Crime Prevention #of Programs: i Public Facilities p Facilities Im acted: FY 2021 CDBG Funding Application Page 258 of 1906 Senior Services Elderly Households/Persons: (please specify which) Youth Programs Children/Youth: Special Activity by Community- Based Organization Other(Specify) C. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded,including a plan of action explaining in detail how the agency(and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the CDBG funds are proposed to be used. (Attach additional sheets if necessary) BBFBCDC is a community-based development car oration that not onlyis a premier Affordable Hous►ng SoPr►nlrst but is ex ndino its socia!service deaartment to better linkublic and private partners_to ether to tryto fill the gags in needs of our seniors and at-risk and homeless populations and to avoid duplication of services. There are BBFBCDC ro ram and staff members are skilled at networking amon ,local service providers,, and they can outreach to the target population and assess the_needs specific to each client we encounter. l 'we do not have the resources necessary or assistance program staff makes qpproriate referrals. What resources we do have are leveraged with other partners to assist clients in the pandemic REBOUND and reach sustainability. X22,200 KJoseph, Executive Director X14„.000 Administrative Assistant ..._716_Sherry Johnson._Family Strengthening Case Manager ' 'H Match JMF Fan7d tree )i .. ,$15,000 Michelle Davis White Senior Caregiving Case Manager, H M : J 'der r „ L S.2,000 Donald Gog re & Willie Drayton -Home Delivered Meals Coordinator x_6,000 William Washington_CPA�Auditor, credentials are available►{rewired 59 916 ,084 for department re ruired FICA and Benefits. $65,000 Requested Used of-Funds Explain how this program fits with your mission. Our Mission Statement has been attached to this document and states within that it is our mission to revitalize this Heart-of Boynton CommuniW,b rovid►n Social Services to prevent those at risk FY 2021 CDBG Funding Application Page 259 of 1906 of becoming homeless^This is aarticularly crucial currently in view o the economic impact of the COVID_19andemic and the desperate need forrassistance How will it impact your current operation? Fundin throe h CDeGs wrl!allow our araanization to increase our services to meet the overwhelming needs of this communiry that have been economically impacted due to the economic challenges of COVID-19. Our programs have operated on a much smaller scale Lor over 20 years. The pandemic and the void in social services with the Community Caring Center closing has increased the need for more social service assistance. How does this program relate to the Consolidated Plan Priority? It is considered Hih_Priori. Does this program serve a targeted neighborhood,who is the targeted population (at least 70%of the City's CDBG funds must directly benefit our low and moderate-income citizens)? Our targeted area of service with this grant application is zliv code 33435 or Census Tract 61. It has been designated as the "Heart o� BovnThe Heart t of Boynton can be further characterized as: .. 1. an underserved,, African American communite,, 2. identified b „the USDA as atood desert 3. 67%of`the communitL� lack transportation. 4. Includes a large population of immigrants (Haitian & Hispanic] 5. Existing,health drsarrtres with sinrrcant underlrni*health*concerns and issues ® kku 5. More likelytobe eiRp.to ed_ n lower wane industries 7. Less likely to be able to work from home S. lmmicrrant populations bath documented and undocumented We do not have Lundin, currently that rewires us to serve all of Palm Beach County, so we are able to Locus on the specific needs of this communiry in the 33435-zip code Because o”"the substantial needs o'this low-income communis` , our junders have allowed us to gMyjoe local services.We do not turn an pane away ,yrom the larger communit . However we have listed with 2.11 Crisis Line that our,targeted population is Census Tract 61 and the 33435 Z Code. Will Program Income be generated from this activity? No Where will the Program take place? The mor,anizations office is at 2191 N. Seacrest Blvd. Boynton Beach, FL 33435., and it the ,-, administrative headuuarters where Iles are ke t_stauses ofd►ce euioment and_meets, individually with clients mail and drop-offof requested documents are received. Due to Covid-19 this last year and a half,, mane have operated from home using virtual technalo or dace-to-face FY 2021 CDBG Funding Application Page 260 of 1906 meetinq+s. Program Implementation occurs at various locations depending on the pnqgram or service provided and the space required to accommodate the activity. Cyrrently Senior Home Delivered Meals and Fresh Produce are oM ared at St.John£Missiona ,Baptist Church q_remote store aua location houses our Angel Food Pant sho in and delivery services. Housing ..,.,..r _,y� - .,.,. . � a �m Counseling Services are held at Simms Center, or mice conference room, and most one-on-one services are done virtually, as is the senior social activities. We have also used theIntracoastal Centeror lamer events and celebrations as well as First Presbyterian Church. Last year the office , ,,, ,� . aaua�u aaaaaaaaa ��.�, pqdk—inq lot hosted the Drive Thru Angel_Tree Toy Drive and the Thanksgivina„Basket Give-Away. Are you working with other organizations in a cooperative effort on the program? YES, esueciali the Family Strenatheninu Program. A most unusual time has brow ht to,acus a group of grassroots leaders rising to address theneed for economic revitalization–Of-9 community. Our board decided to expand the social service department due to the loss of the CoMMunit Caring Center and the economic disaster created by the Covid-19 Pandemic. After evaluated the overwhelming need in the community dor economic recover,. we be an toaor anize all the Heart 0 Bo nton social service agencies into an Alliancewto offer a holistic& coordinated res once o ,w, wrap around services by leveraging_the resources of each organization. Agency participants include: Pathways to Prosperity Circle participants Healthier Boynton, a Palm Healthcare Fnd. family care ivin ,., Boca Helping Hands, pantry&iob training, The Warne_ 's Circle,u ob lacement& immigrantarticipants Boynton Mental Health Committee.Commissioner Woodrow Hay, Chair mental health resources,. BB Faith-Based CDC®Alliance Coordinator, addressrna senior isolation thru virtual socia!events We began with a 6-week agency meet and greet and crossed trained staff Burin thysummer so that we become,Lamilior with programs and resources of each agency,and set-u a one-stoa shop for client Iles obtained permission to share information with alliance members and maintained a dropbox client,file system, forms and client referrals to programs and funds Q, ered by other agencies.A grant was awarded in August by the Jim Moran Foundation that - m ravided 37„000 in !ex- undin used to matched other organizations traditional rants including city and coup t!y CARES and ERA Renta!& Utili e Assistance. The Alliance has attracted additional community support& undim. it is being looked at as a model for other low-income areas through United Waw„& PBC We are extreme!, roud o this community effort. We have a Lina,resort on the use of the JMF grant this last year and what was levers gd b staff{. There ort demonstrates success'u!a arts to assistamilies to rebound from the FY 2021 CDBG Funding Application Page 261 of 1906 pandemic and leverage a X50 000 grant into a , 95F718.88 financial aid,proaram and leverage an additional$173,106.30 in f ands to create a X268,825.18 Family Strenthenina Pra ram Goals/Objectives/Activity Measures: --- -- . ......_ . .� Goal. Seniors will remain independent Objective#1--,,increase senior ability to socialize to prevent the lona-term health effects , •m ot isolationism b providing Internet Technology and Training for virtual activities:on- line shogoing and delivery of medical suoolies, prescriptions, roceeChurch sermons and Bible Study Participation, AvsicianmPatients Portals dor acpaintment and checku s. Provide transportation Poor vaccines and hold monthly social activities. Objective#2—Maintain physical wellness through nutrition education and healthy eatinq, bvvroviding resp produce and healthy home delivered meats. chair exercises and yoga instruction both physically and virtually. 1 Objective#3—Identity Resources Lorfinancial benefits(SNAP. Rent& Utility Assistance), end oOf resources healthcare management, financial tannin an in Medicare and Medicaid. filina of wills, funeral arrangements medical equipment_etc. c Goal: Homeless Prevention—Family Strengthening particularly this year as families face extraordinary economic challenges j Ob active#1— GET THE MONEY Provide on-fine application assistance for crmilies to obtain rent and utility assistance through PBC's OSSCARSF ERA, City of Boynton ERA, oundation and donor assistance to prevent evictions andoreclosures� work with Tenant Landlord negotiations,, referrals to legal aid and when necessaa wo A to assist with relocationsand EmergencyHousing Vouchers through HHA$ offer Housing Counselina Services regarding documentation required for Lhancial assistance, how to do crisis budetin . credit re air and counsellin and re errals .m........... �..� .. .. .. __— Objective#2—Work with partner agencies through our Memorandums of Understandina from Pathways to Prosperity, Healthier To ether BB BB Mental Health Committee the Women's Circle, Boca Helvin Hands,,J o nton Angels in Action, Caridad AAA Center, to leverage resources. FY 2021 CDBG Funding Application Page 262 of 1906 Objective#3—To aid with unemployment applications and registration with EmloFlarfda rovide Job Placement Assistance and referrals to PBC Career Source and ��w... the Women's Circled provide referrals tor_trainin and_placements to Boca Helping Hands„ Feeding South Florida Culinary Trainin E. PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash,S=Sweat Equity,O=Other Grants, D=Donations beside each amount under"Applicant's Match" to denote the type of match being used. Line Item CDBG Funds Applicant's Other Project Total Project I Requested Match Funds Budget ADMINISTRATION: See attached Social Service Program Budget for sources and _ uses of funds Personnel—(#5)--- #5 ___ 53,916 73,200 59,200 186,316 Payroll Taxes [ 4,284 5,554 13,060 12,898 i Ern loyee Benefits _ 800 800 j Office Supplies800 _... a 800 __ Copy Supplies — _ .______. Postage 200 ..200 Telephone Professional Services 6,000 6000 Vehicle Fuel/Mileage ._ . . ._ . _ Other(Insurance, etc.) iPROGRAM . _ Acquisition Reconstruction ? u ,. Rehabilitation Installation m t n Other: Public Services _______ 10,246 183,590 1 193,836_ 65,000 90,000 245,850 393,850 TOTALS FY 2021 CDBG Funding Application Page 263 of 1906 Proiect Budget is attached Sources and Uses are indicated—Aaprovcr!and Pending indicated- And CASH at u ing Funds indicated in led er. See Budget Attachment—Reguested CDBG undin or X65 000 desi noted and what the line item ex eases the ands wi!!be s ent. F. APPLICANT INFORMATION: (Provide a brief description of each) Capacity of Organization The capacity of the organization has been demonstrated over the last 20 years as a remier a ordable housing developed James Home has been certified by Nei, hborWorks as a Housing Counselor Gloria Goolsby has a SS in Community and Human Services R and a certification as a Behavioral Health Case Manager. Sheri Johnson was the Executive Director of the former Commun►t* Carins ,Center; her background was in Secondaa Education as aTMath Teacher credentials in accountin �State Cerci ied as a buildin contractor and 20 dears as a Social Service provider. ------- Michelle Davis White is a Bethune Cookman UniversU with a BA in Histo Pre-Caw and the ormer Program Director Lor the Community Carina Center's Senior Care Aging in Place, oroaram that had obtainnational recaonition orassistina seniors and e(Lectivelv reduce the burden of tax a ers on institutional care cost. It became a model proaram that had achieved sianiicant results in increasing the longevityoff' seniors and their gyality oL live in their golden dears. es._eciall or those in low-income minori communities. Resumes ot all staff indicate extraordinary leve!o education and ex eriences and credentials in the id of housing and social services. The Executive Directors professional pro ile consists o'... ■ Over 26 years of management experience within diverse environments °neon . ■ Seasoned affordable housin : ro essional. A Over 25 yearsa 'experience in develoaa�inplannin implementing- and directing housing and community„development programs. ■ Over 21 ;:-ears of real estate sales ex erience ■ In-depth knowled e oederal regulations o CDBG HOME_NSP and State lSHlPI housin programs She cane ectivel and ositiveF deal with ov_ernment_aicials as well as pr►vate clients and consultants and has demonstrated sound knowledae_omortaooe lending criteria and experience in credit analysis, and underwriting., FY 2021 CDBG Funding Application Page 264 of 1906 The BB Faith Based CDC has intentionally focused the last year on increasina its cavae ty and role as a lead agency in providin direct client service to address the needs of this community. In one year,with the hiring ot four 4,�additional sta L,, our social service proprams_were able to row ouraroaram b adding to our Su ortrve Housin & Outreach Program, both an Elder Care and a Family Financial StrengtheningGrogram and organize the Boynton social service organizations into an Alliance of,provider. Our Financial assistance grogram received 37J000 to provide lexiundin, raised an additional 45718. and leveraged those f4nds to obtain 5173,106 instate, coun , and local resources for clients to create a 526$825 Financial Aid Program we call Family Strengthening Lor Boynton residents. In addition, the additional staff have identified,iundinl opportunities to re-establish the "A in Place"direct senior care urogram and re-em to the ori !nal CCC Senior Care sta . This team. was instrumental in deveio in the la hra model ro ram called "Aging in Place.' Post Experience Both the Executive Director, Keturah Joseph, and the Social Service Director,SheraLLqhnson,.bqve had over 20�ears o ex erience with Housin,, and Urban Develoment� CDBG Funding throuah the City of Boynton Beach and Palm Beach County, FEMA's Emergency Food and Shelter Prop ram, and have cleared the comullance review process. Ms.Johnson's LRO received FEMA fundina, LRO #168600-042 since 2009 until 2020. Mission Statement The mission of the Boynton,,Beach Faith-Based CDC, inc. is to promote economic nevi#allzation o the community through homeownership, develop and sustain Partnerships dor a icient„use o resources improved and increase the delivery o social services in the community to children and ,families by creating a healthy community throughnutrition education,, social services, and economic development programs. Prior Experience Affordable Housing-Prior to the pandemic, the BBFBCDC- has been a premier aaenc in a ordable housin & communito revitalization. Through its housin a orfs is has exaanded its basic services as a HUD Certified Housing Counselor working_with first time homebu ers. it continues to use the construction industry to offer apprenticeship opportunities to individuals in m, various trades. Supportive Housing: The CDC began a street outreach program in 20131 rogram for persons living with HIV&AIDS providing advocacy services, case management and interaction activities creatrn a supportive essential service to saciall economically disadvantaaedmental disabled and or homeless. FY 2021 CDBG Funding Application Page 265 of 1906 The supportive housing Lirogram began in 2017, to assist homeless with behavioral issues transition towards inyenedent livip and achieve sys�tqinqbJIIUr', The Cs entjkm 6,i6.26 to ggaq_ _qq_ Xj4g_____p Durchase and renov,rvation_cif wo Live--orthoq�Lnjc units nt and ow oLW eq2Sqm -_us a me � Zjs 12 bed-unit& a women's 8 bed-unit. Individuais are re erre o us rsuu fie housing fro carious qqencies�, a needs assessment Mdplan of action towards independence or r4ermanent housing arranaements is coalpleted and social services are pnovided accordingly to residents as needs are identified as well as other individuals liviL?gjML , eco unity at risk of becoming homeless. The supportive housing grogram, a to it 52 clients, LncLqdiq the 19 in residerLce one-on-one info en that,encompass three skill is and educational coMqnents,-1) technology- used to cultivate critical thinking, 2)skills assessment Lo doZ for gaining knowledoe out the vocation of int rest, and hands on train Mjtrg thening ,ite.p.st, and ZI and maintain hob trainin jqLq_pe ,rigd a 5 L months with tracking for one year. This year we expanded u our Rmgrqmt?iL _to® advocate LeqdershiCorp LC se Recruitment., Ihroam se esg.. 52 identified persons living with mental illness. 29..t56%1.have the following, No health services. Become homeless Lor several reasons. Are unemeloyed or unemMoya ble. Receive entitlements fdrIbod and shelter. Have no other means Lor decent qppareL making it harder to advocate for themselves. Non-violent ex-offenders between the ages ot 24 thru 52, o are Iran6gne r ti s � back to their communities. Offe,s outreach Homeless and at risk of Homeless transitioning,ftym homelessness tosecuring using employment leading to inde , welt-bbg' pendence and one's well � loq. 5. in addition to housing,,various educational& training programs are provided such as life skills, ccs router skills, nutrition education,, HlDS education, s they move towards jgk training Sad iia deven dence. We have successfully transitioned 14 to, ermanent housin LgncLeM&ytgeat situations® Senior Carving– We were fortunate to be able to hire the Senior Care Tea MILomthe — Co pini -instate thetr gLiLard-wronin Senior Care ""Age in Place"program. Within this last year, the e managed to res, to t4g isolation of seniors dy to the Danderok by providt e :nq_Lnternet T e at t® JohnMissLoa Tr y PBC and First Presbyterian FY 2021 CDBG Funding Application Page 266 of 1906 Church Deiroy Beach Bontan Am els in Action and the Black Nurses Associationmhas connected a � .,.,., with Palm Beach Harvest and Whole Foods to provide the groduce. Its anticinated that b 2050 seniors will outnumber children under 14 for the 1St tirrie in histor,. By 2030, 1 3 of Florida's population will be 60 and older. Palm Beach Count 's senior population is 5%greater than that of the state. Nursing home care costs on average 86 000 annualgaLOYJ. To assist seniors to_"A a in Place"could reduce the cost o care to as low as$'2,OQ0 °earerseniorserved—easilsavino taxpayers 25 million annually. Home-based supportive services are essential to ensure seniors canaye in dace with dionit L. The services we provide are critical to seniors. The Older Americans Act IDAAi Nutrition Prop ram re eorts that older adults are si ni°icantl less health than the eneral Medicareo elation. 62%odour home-delivered meals articiants have 6 or more chronic conditions and 53%take over 6 medications perday, some as man y as 20. By 2050, seniors will outnumber children under 14 for the first time in history. The Census Bureau estimates 32.2 o Florida's population will be 60 and older Oy 2030, up 34% rpm 2012.And 90%of seniors over 65 want to remain in their homes lAARP's 2.011 A ing,in Place:A State Survey of tiyabilie y Policies and Practices;§ However seniors with no support services face institutional care.Access to in-home supportive care or seniors is extremely limited.Accordin to the 2010 PBC Health& Human Services Report, the Count's waidist, arhome and communi!y�-based senior services nearly doubled in 3 years. in 2008 alone 4,,,923 seniors on waiting lists in Florida entered nursing homes. Accordin to the National Aging in Place Council care can cost on average SS000 annuall�r per person in a nursing home. Had in-home care been available to those seniors, they could have aged in place with social service providers that provided supportive services erg rams at 1 �ar-a savings to taxpavers of over$400 million. There are 189 local seniors that,participate in our senior caregiving program which connects seniors with resources„ and each other, we help our senior neighbors stay in their homesa without Lear of contact that could result in illness. Ourinanclal assistance program, also help prevent senior homelessness and provide a,network of support and care and maintains di pity. They have indicated that they miss the social interaction of being together and because of their COVID_19 pandemic. vulnerabilit��are,feeling the impact o,iisolation even more so with �,,,,,,, The Pro ram acuses providing basic essential services that allow a senior to Age in Place. It includes heaith _Home delivered Meals socia!activities that address senior isolation and prevents the health issues associated with its provides fresh produce- exercises. and nutrition education to maintain wellness. it became evident that this unigue_"spot light"created a clear indicator to the community the importance of senior isolation and that the lack of CCCs "Age in Place"Irro ram was a program that was needed now: more than ever. According to the American Psychological Associations "There is robust evidence social isolation and loneliness significantly increased risk for premature mortality, even more so than many leading health indicators."Reoulor activities provide stimulation and socialization maintain relationships between seniors and provider& and give respite for caregivers. FY 2021 CDBG Funding Application Page 267 of 1906 Family Strenethenina This year the bio change has been the expansion of the social service department& the significance o ,ourrass root eons to leveraeunds xto address the huge dis autres in health & financial a►d this communi in the the Heart of Boynton. As you_knowA most agencies are generally competing for the same brant funds. We are uniouer we are uniting to leverage resources, centralize a, licat!ons to make it easier far clients to access hely through a one-stow approach for all agenclM & to support(.rant writin efforts to leveraoe our combined ability to bring resources to effect change. You know the challenges. Those already vulnerable have been the most ne ativei rm acted with our current health economic crises. There are disproportionate financial consequences of both COVID 1.9& erts to limit its s=read or minority-owned& low-income-area small businesses. Fain needs to be at theoreront o economic relief&recovery, efforts to ensure we are best Naaa ---- positioned to,further build an inclusive economy. Doing otherwise will only deeen our county 's racial health & wealth!2aos. This is not new the disproportionate impact of the pandemic on minorities & those in low-&. moderate-income communities both exacerbates& highlights the additional disadvantages these groups have been Lacing',Lor decades or longer because odiscriminato practices& policies. COVID-19 'ust HIGHLIGHTEDthe act. This aroua deaicts the deep inequities i.e. hit- her unemi'oyment less!►ked to be able to work ram home more Iikely to be emloed in lower wage service industries, less likely to have a financial safety....net school closures to have a dis a ro ortionate im act on lower-income am►lyes ► e digital divide, FREE meals financial relief efforts are intentionally,excluding immigrants, both documented& legal permanent residents. The Alliance was organized in May 2020. All agreed to execute a Memorandum Qr Understanding to seek undina o ,ortunities. What we were facinu was a whelming task, better to tri to do it together!As we waited for grant a royals. the summer was used to meet with executive directors and program staffto acquaint each other with programs and procedures. We develoi ed a "Dne-Sto Sho "mor the sharing o client in ormation thru a Release of Information Form and a Dropbox tool. Approval & Funds arrived late August 2020. As Muroh Is Law would have it organizations were also being plagued with NEW ways_o` virtual applications and document collections -verbal sianatures�__limitation o client's CO2 acit Internet access and nista 'Ina issues: illnesses including months of recovery ,from covid-19surgeries. Tamil deaths, staff rerjacements and their training._ The BBFBCDC added the availabilit of upds to PBC 211 Crisis Line in October 2020 and closed taking Q lications within 2 weeks d_ue to the number of requests and to allow Lor orocessinq_of applications. The Jim Moran Foundation'sfunds grmitted our organization to focus on the residents of the Heart of Boynton soecificall-,while Alliance members were re wired to provide services to all o Palm Beach County and too cumbersome to separate in time or this re.fort. FY 2021 CDBG Funding Application Page 268 of 1906 This reoort contains the measurement ofthe FBCDCs impact in the tieqrtol pqyaton. For the cost of one (1) stof",person,_. contributions and in-kind donations, then leverage t SNAP, UnemploEment PBC CARES & ERA agplications to add an additional$173,106.30 in re it and crgqt a ire qncial aiq V.rp.qLqM tqtqlira Annual Budget-See attach mentfqrAggqgy,.ffqdget_.�-74_Q, Staffing The CDBG Regmast Lqr.Lundince includes.the,.LoUo.win.g _ersMn 1. _P Resumes an Jo Desqri LJqn,s are attached. The statt works together with additional volunteers to coordinate the dq t arab ns of the .Log l ori ins, o er r nation ram, Housing Counseling ervices Su ortive Housin_q_& Homeless Oqtr e7ch IE Streng Financial Assistance,ARgg�l Foodj!qaLry,, _, FamL _Ithening and Senior Corecivinn,Programs includina home delivered meals and fr s rduce Praga a These are thtgrggra ms tobI incwhich BBFBCKhas gitanti(igreasgd services� ThergLore, L _y_ _ _ BBFBCDC staff will continue with the same da 4o-dayoper -,'or ver as to kee qe ations, to _p , h laic open, programs running, and the Food Panta stocked toaccommodate walk-ins q Current.paid.administrative staft consists..oL.the folloling; Keturah Josg1 ph,Executive Director Vacant—Administrativassist antlft5ruay 2020 a staft Verson unem)ecLedly died, T position has not been Mlaced due to Covid-19) James Hom. Home Baver Coordinator Vacant—ffousLnro ct Mqnaqgr _ She ry Johnson. Familv Strenqthgrin. ® C s aviger Michelle Davis White. Senior Caregiving Case Myngagr Gloria Goolsby, Sy2portivy Housing Cori for Outreach Willie Drayton, Home Delir ed als 1HDM Coordinator ve Donald GoreV, livered Meals� rdinafor Senior Megis CheL Chq ,Gus PqIqn o Seniors Meals Prep Sous Chgj', Carling Regis We have had to.,for malino Roles and Responsibilio eswith tke Q110 i Government�&Aqency L_ wng Partners in order tomoviete ackLitigaglemerenc services, Y They include the following: PBC 211 Crisis Line Florida PoWel�qrtd Lit FY 2021 CDBG Funding Application Page 269 of 1906 PBC's ClienLfpformation Management Systems XMiS PBC's SAMIS Portal System to respond to_NOFA's and Invoice for Services Renderer Department off'Children & Families—completed all rewired train to provide services to clients. Homeless and Housing Association Membershio_was required to obtain CMTS access. We also obtained sa aware programs to assist in data maintenance and detailedinancial accountability in_comoliance_reports tofunders:Drapbax� Zoom, & QuickBooks An re aired licenses such as Food Mana er's far the_Home Delivered Meals, artattached, Authorization from PBC, DCF and FPL have user agreements and stahave completed any certi ications required. Reporting Capabilities (include sample copy of form(s) used to capture client demographics, services provided, etc) dos f fors are tl plto � no� 1 Dorms Do ,. «... financial statements break down income and expenses by programs to follow revenue and disbursements? Is an Audit performed annually? Action Plan for Activity Implementation-The Boynton Beach Faith Based CDC- Inc will administer the requested funds in an efficient and effective manner. Because BBFBCDC has been in existence Lor more than 20 :_ears and is a part of a collaborative effort within the Heart a Bo,ntan area: our methods of outreach, intake and assessment are conductedro essionall and com assionatel ,, and, in a timely_manner. Each,discal Year,a budget committee is aepointed by the Board o 'Directors. Along with the Executive Director the re re a ra'ected budget and make a recommendation to the Board oDirectors Lor final approval. An experienced Executive Director and Administrative Assistant handle the da, to day activities of un the finance department that is overseen by an experienced Board Treasurer. The accow—,tina„ system is com uterized using the non-profit uickBooks's Pro software.An accountant is used to write checks bi-weekly, Check Reguest a LqpRroved.,b the Department head and reviewed by the Executive Director for approval and then given to the accountant..The„accountant files all re aired payroll Worts and a ments time! .A CPA is used to consult with as needed and provides an annual audit and an annual report to the._Board o Directors making any recommendation necessary#o improve the fiscal accountability of the organization. Regarding the CDBG funds, the Administrative Assistant will preeare Lor Qy o Bo nton Beach co res a checks and invoices Lor reimbursement on a Mon h&,62uarterlv,basis alonq with re uired re__orts o numbers of beneiciarres and the Executive Director will oversee their submissions Copies of Financial Check Reguests_and Reporting Farms used are attached. Implementation lementation Schedule-BBFBCDC operates as gqrt o they"rst ste in Palm Beach Count's Homeless and Housing Alliance's continuum of care. BBFBCDC's supportive housing. senior services and homeless prevention activities are Provisions o oodbus asses and financial assistance or unpaid utili rent and mart a e a meats to revent termination a utility services eviction ororeclosure nutrition education advocacy, human services,„hurricane re aredness and volunteer care_ ivin Also BBFBCDC is part of the local continuum o care FY 2021 CDBG Funding Application Page 270 of 1906 for hunger and homelessness as we provide emeruencv vouchers dor medication$ gas and emeryenc;-shelter as funds are available dor use. CDBGf nds would enable BBFBCDC to maintain our social service assistance to seniors and low-incomepo.ulatians that include families and children in crisis. BBFBCDC erates out odour building at 2191 N. Seacrest Blvd. where we Provide direct services to walk-ins at our site and provide referrals to oura tners as needed. Currently due to the andemicn we have opted to per Virtual Intake as -stahas been, working from home when needed. BBFBCDC is a member of PBC Client Ini'ormation Manan ement System PBC Hunger Committee servrna on the Nutrition and the Senior Hunger Committees Lane-term Hurricane Recover Committee, & Homeless and Housing Alliance. BBFBCDC uses a remote An Faod Pang and of ers sunshine calls receives re vests for antes items, and provides pantry shoppIgg deliver services via volunteers. Wednesday's seniors are offered Home Delivered Meals, alone with Whole Food's fresh roduce meat. and bake items to orovide nutritianall� balanced laod to the communi The.CDBGundina will alect the number a clients we can directly assist. Therefore, because the program is already open and operating,, a new implementation schedule will not be set solely to administer services id dor by CDBG funds. These monies will arovide guantiiable increase and enhancement of ongoing services already offered by the BBFBCDC. Governing Body Profile (Does Board membership reflect the community as regards ethnicity, gender and representative of the population served? Is Board Orientation conducted for new members? How often does the Board meet?Include Board Member list) Board Members—All Board Members are residents community activists and business Leaders. They are African American,. 3 men and S women. The meet once a month. Any new board members would receive an orientation when Loining the organization. See Board Member List attachment. G. Conflict of Interest Federal law(24 CFR 570.511)prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant...or who are able to participate in a decision- making process or to gain inside information with regard to such activities,may obtain a financial interest or benefit from an assisted activity...either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors,or office who currently is or has/have been within one year of the date of this application a City employee,or a member of the City Commission? Yes XX No if yes, please list names: FY 2021 CDBG Funding Application Page 271 of 1906 2. Is there any member of the applicant's staff, member(s)of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee,or a member of the City Commission? Yes XX No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes XX No If yes, please list names: FY 2021 CDBG Funding Application Page 272 of 1906 TIfe applicant certifies to the best of his/her knowledge and belief that the data Wthis aOpiic;ation is true and correct and that the filing ofthe apprication has been duly authorised by the goveming body of the applicant(if.applicable)and that the applicant will comply with all the requirements of this grant if the application is approved. i Name: F Signature, g - Title: Date: Name: r Signature:, Title: Date t l 1 3 a FY 2021 COW.Funding Applk2ftn Page 273 of 1906 y,p g f w a o Lt 4 s U, z ° KS ....,� J esu' �. � Brrny„gym m� �M r � Gwil 5'wamf's 4 i Ar P ! ® e t ¢, Pt:HI t��imw , 5s 41 F—t ,�_t r ryry. , Det U and LA at land 10 mites •r F' 2019 � .� `� msF � o 0.2 o,a 0.8 mi Boynton Beach FL 33435 Low Income & Access Map Source: USDA Economic Research Service, ESRI.For more information: Date: 6/2712021 https:/Iwww.ers.usda.gov/data-productsifood-access-research-atlas/documentation Page 274 of 1906 r ovnton BeachFaith-Based Community Development Corporation, Inc. July 2,2021 RJ Ramirez, Grants Manager City of Boynton Beach Community Improvement Division 100 East Ocean Avenue Boynton Beach FL 33435 RE: CDBG Grant Application for FY 2021/22 MAINTENANCE AND OPERATION COMMITMENT STATEMENT To Whom It May Concern: The Boynton Beach Faith Based CDC, Inc. has been a local non-profit organization working with the City of Boynton and the Boynton Redevelopment Agency for over 20 years.The organization's mission statement dedicates itself to and offers its commitment to providing Public Services through its social service programs caring for Boynton residents in need of essential basic service that include, but not limited to,food,shelter,financial aid. To that end,we are committed to maintaining accurate records,on a database,tracking clients served as to their residence,ethnicity,percentage of median income,and type of assistance requested.The BBFBCDC has recently absorbed 4 of the former Community Caring Center's top social service staff, Executive Director,Sherry Johnson as our Social Service Director,and 3 Senior Care Giving staff, Michelle Davis White, Elder Care Program Director, Donald Godfrey,and Will Drayton,to add to our Supportive Housing Director, Gloria Goolsby who manages our 2 supportive housing campus for homeless with behavioral issues. This highly experienced staff is also part of PBC's Homeless & Housing Alliance's Continuum of Care, United Way, PBC's Hunger Alliance,and is extremely capable to ensure the successful operation of all our social service programs and provide for the maintenance of accurate client records, including in-take, referral, and client follow-up records, see attachments. Sincerely, o T ey .ain, President CC:file/2021/22 CDBG grant application/Public Services yy'�� THP. HHAC,hx mbk T�.ueMa&U- II& �� t�r t� F f� �FoucvnaTTorr€,rorrurinEeELnxss Day nton Beach llnapyd Y€ .av�`ia�x"'r..„.-r.. a"`w�,,,��r r Of P."Bwela Caua�ey ....„ crp.q a..-uia.�w�r.. 2191 N Seacrest Blvd,or Post Office Box 337,Boynton Beach,FL 33435 Phone: 561-752-0343 Fax: 561-244-5046 �jvvu .f ca &LPi\, v.ho rtoffi, tce Ea ;as tr r cc... r Page 275 of 1906 DETAILED NARRATIVE REPORT A. AGREEMENT INFORMATION Month Covered: Agency: Baynton Beach Faith Based CDC,Inc. Address: 2191 N. Seacrest Blvd. Boynton Beach,Florida 33435 Person Preparing Report: Keturah Joseph, Executive Director Signature and Title: Contract Effective Dates: B.I. CONTRACT FUNDING - Budgeted Expended Pereentae Social Services - CDBG Funding: B.2. DECLARATION OF PROGRAM INCOME: None B.3. DESCRIBE ANY ATTEMPTS TO SECURE ADDITIONAL FUNDING: Fundraising Grants C. HIGHLIGHTS OF THE PERIOD: D. ACTIVITIES: BENEFICIARIES BENEFICIARIES CONTRACT THIS PERIOD YTD E.NEW PROJECTS INITIATED OR SIGNIFICANT CHANGES IN OPERATION: F. PROBLEMS/CONSTRAINTS: G. TECHNICAL ASSISTANCE NEEDED AND OR REQUESTED: Page 276 of 1906 C m E ° o uv. a o' x x v c v fl a C c IL o „ sE a2I.T o ..30 a A Q E mJ IL - Ct i C q J I,. Q u1 U D - O 0 I V Z x LL iti Z ° fir iii •. o E m ao eo � O C LL _ C a 00 L ' 0 U m a Z", c ' a cm m g° E m o W E E mh m m ° m m U N LL x t¢ o a w CL c W Z m Q ro °c� g v u W 0 c 0 -®� � iYl m fl. w c c 1a y` V Q y o� G 3 � D r 7 Q �' M O' tlY'. J w or Qy Q d C m m x 7& 8Lp c p Q °. LL N - 41 E m N Q V 0 m a` a n'l sio � � w' m � = ro w ~ �Q m d Iri ui Page 277 of 1906 91 Boynton Faith Based CDC, Inc. Client File Checklist Family Strengthening Client File Checklist Section I Application Eligibility Criteria Notice of Approval to Participate in Program Proof of Income/Household Budget Sheet Verification of Employment/Work History Declaration-0-income (If applicable) Proof of Residence (Palm Beach County Only) Birth Certificate for anyone under the age of 18 living at home Driver License/ID Card (Applicant only) Notice regarding Collection of Social Security Numbers Social Security Card for applicant and each family members Family Self-Sufficiency Consent Form Release of Information for PBC Client Tract& Alliance Membership Waiver of Liability and Hold Harmless Agreement Rules of Conduct Client Tracking Form Created 08/01/2020 Page 278 of 1906 911 Boynton Faith Based CDC, Inc. Client File Checklist Section Progress Notes Referrals (If Applicable) Job Training Individual Plan SPADT Assessment Created 08/01/2020 Page 279 of 1906 r Baynton Faith Based CDC, Inc. Client File Checklist Section U1 Culinary Food Prep Program Closeout/Termination Form Certificate Test Results Resume Class Syllabus (Food Handler or Food Manager) Internship Hours Liability Wavier Other(If applicable) OR Entrepreneur Program Certificate(s) Closeout/Termination Form Syllabus for Entrepreneurship Course IED Assessment Liability Wavier Business Plan Executive Summary Business Plan Marketing Marketing Plan Created 08/01/2020 Page 280 of 1906 W1 Boynton Faith ase CDC, Inc. Client File Checklist Section IV Miscellaneous Documents Created 08/01/2020 Page 281 of 1906 91 BOYNTON BEACH FAITH BASED ! ■ Application Date: s initials: How can we helpyO U. Please provide a brief description of your situation and the services you are requesting. Last Name: First Name: DOB Address: City State: Zip Email: Emergency Contact: Relationship to you _.__ Phone Number: Employment:Employer Name: I Phone Number: Type of Occupation; Income:$ per hour, hours per week Unemployment: What was your position,for how long, rate of pay and reason for leaving your last job: Have you applied far Unemployment? _YES NO Are you collecting benefits? _YES_NO $ „weekly amount you are receiving. Please check one or more of the appropriate boxes to indicate your response for statistical purposed only. Race: Ethnicity: ❑ African American or Black ❑ Hispanic Origin ❑ White American LJ Indian or Alaskan Gender ❑ Native Hawaiian/Pacific Islander ❑ Male ❑ Other, ❑ Female ❑ Other Citizenship: U.S.Citizen _Yes No If no,Birthplace Green Card# Received on---/--I____Expires on Veteran? Yes No r-i a 2191 N Seacrest Blvd,or Post Office Box 337,Boynton Beach,FL 33435 Phone: 561-752-0303 Fax: 561-2445046 Page 282 of 1906 BOYNTON BEACH FAITH BASED , INC. Marital Status: Education: Highest level completed: ❑ Married ❑ Wh grade or less, ❑ Single ❑ rh—Wh grade ❑ Divorced ❑ 1Qt,�—11"'grade ❑ Separated ❑ 121t'grade diploma/GED/no diploma ❑ Widowed ❑ College graduate/some college ❑ Post-graduate study MONTHLY INCOME:$ Income Type: Unemployment Employment Disability/Physically Disability/Mentally Benefits Recd: SSI/SSD$ Unemployment$ Child Support$ Alimony$ __ Food Stamps$ DCF Cash$ WIC$ Other$ Health Insurance: Medicaid Medicare None Other Household consists of the following Family Members: Name Relationship DOB Gender School Attending Working Income a . y I -7,f INFORMED CONSENT:By signing this application, I attest that all the information provided is correct 1 agree participate in programs, activities and/or services provided by BBFBCDC. I agree to provide any additional information requested by BBFBCDC to determine program eligibility and determination of benefits from applications. I provide permission to release information to any other organization or agency as necessary or required to further my application for assistance. Otherwise, I understand and agree that all information, conversations,records, test results and any other materials related to my participation is confidential and will not be released to any other organization or individual without my permission,EXCEPT if it contains evidence of current or potential child abuse or neglect,harm to others, or me, and/or required as evidence in a court case. Client Signature Staff Signature:Intake or Case Manager {V v ao ro a 2191 N Seacrest Blvd,or Post Office Box 337,Boynton Beach,FL 33435 Phone: 561-752-0343 Fax: 561-244-5D46 f o rrbt � w ;ac r & ��c r gtkstan .orq Page 283 of 1906 W BOYNTON BEACH FAITH BASED CDC, I ADDITIONAL NOTES: .... .. m 0i tm m m 2191 H 5eacrest Blvd,or Post Office Box 337,Boynton Beach,FL 33435 Phone: 561-752-0303 Fax: 561-244-5046 Page 284 of 1906 0 t t IA t � o } O IE I t W � t co co CA co El cl r a ca z x cu LL t t �I t t � x 3 4jluN ,G to cu m Z � wUxw �. Page 285 of 1906 I I t A Q 4,- I co cn CA r�t fey' I`. •N 77 cl V ! + 4 1 € 33 3 r vim., £ ........ kd Q)dd o CA 00 IN t o m 4, N Page 286 of 1906 i FAITHBOYNTON BEACH S C , INC. - LE F INFOORMATION Client Release of Information Form CLIENT PLEASE READ AND SIGN BELOW The information provide in this application is accurate. I authorize the Boynton Beach Faith Based CDC, Inc. to verify any of the information provided in my application with landlords, employers, and other agencies in order to help meet my service needs. I also understand that all health information contained in this application with be treated in accordance to the HIPPA law which protects my privacy. Ej This agency is a member of Palm Beach County's network called the Client Track Management Information System (CMTS). In order to speed access to services, I hereby grant permission for enter my information into the CMIS system and authorize the release and sharing of pertinent information related to my current situation to the partner agencies. I understand the need or purpose for this disclosure is solely to assist in bettering my current situation. ❑ I also authorize the use of my photographs and stories to be used in order to obtain funding for program continuity and growth, provide research and data to inform the community regarding program benefits and needs. Signature: Date: Name: Print Name BBFBCDC Rev 8/12/2020 -- 6 HOUSEHOLD BUDGET SHEET (income less than $490.00/month* and no Food Stamps) Total Household Monthly Income: 1. $ Household Expenses: Rent $ . ( Utilities: Electric $ Water/Gas $ Phone $ Cable Food Child Care $ Laundry $ - Personal Expenses $ (Soap,toothpaste,etc.) Entertainment $ Cell Phone $ Clothing $ Car Pmt. /Insurance $ Gas $_ _ Other $_ (Medical,dues,transportation, lunch money,etc.) Total Household Monthly Expenses 2. $ Total Income Minus Expenses 3. �:aaaa�a,� au IF EXPENSES ARE MORE THAN THE INCOME, PLEASE EXPLAIN HOW YOUR HOUSEHOLD IS MANAGING: (Use additional sheet if necessary) 1 Client Signature BBFBCDC Staff Signature *$490 figure is equal to 50%of the Federal Poverty Income Level Guideline. �. _ _ ........ .............._........ ......................... _..._:. : _._ w __.____—Page-- of 1-9- b6 r Palm each County Continuum of Care HHA Informed Consent and Release of Information Form FRO I understand that partners with other Palin Beach County agencies to help meet my service needs.These agencies are members of a confidential network named the Client Management Information System(CMIS). • CMIS is a database which allows homeless service agencies to capture and share information about the individuals they serve • This information will help you access the appropriate resources to better meet your needs. It will also save you time should you access services from another member agency • Only authorized staff in the CMIS system can access your record • All information entered into this database is stored using secure technology which protects data from unauthorized users • Non identifying information is used to provide reports for various funding agencies • Any Information entered into the database will be maintained for an indefinite timeframe • You have the right to request a copy of your file • You have the right to refuse to answer any or all questions you consider sensitive • You have right to cancel this release of information for any future data input,however certain financial assistance programs may have statutory mandated information requirements I have received an oral explanation of this form and hereby grant permission for and authorize the release and sharing of any information regarding myself/children entered into this database to member agencies. Client and/or Legal Guardian Printed Name: Family Member's Names: 1. 2. 3. 4. 5. 6. 7. 8. Signature: Date: Informed Consent and Release of Information-Rev.12!2015 1!1 Page 289 of 1906 Authorization for Release of General and/or Confidential information For FPL)payment Assistance Qualification (Revised May 14,2015) (vote:The Applicant must sign this form in order far the agencyto use the Florida Power&Light(FPL)ASSIST process In qualifying the FPL account for payment assistance. RefMI to Sion this form may lead to disouallfication. The Applicant may appeal this requirement by speaking to the agency Director/Manager,as the agency deems appropriate.The agency Ditedar/Manager may opt to contact FPL to discuss any confidentiality concerns the Applicant may have regarding the application/qua i Ification process. FPL ACCOUNT HOLDER(CUSTOMER NAME): - SERVICE ADDRESS FOR FPL(INCL.CITY/ST/ZIP): FPL ACCOUNT NUMBER: _,,,—— — ———— PHONE FOR FPL ACCOUNT* SECTIONA. APPLICANT READS AND(gL PLEITS.THIS SECTION ONLY IF„HE[SHE IS THE AC,�� Uf�� HIPLDE I hereby authorize FPL and this agency to disclose pertinent information to related community age.des. I understand that the need or purpose of this disclosure is solely to facilitate the assistance qualification process. All Information is accurate to the best of my knowledge.The agency may verify information contained in the payment assistance application,Including the FPL account for which I anis seeking assistance.i also confirm that I have not received FPL Care To Share Program assistance in the past twelve months from the date of this application,at this or any other FPL service address. ACCOUNT HOLDER'S SIGNATURE: ,,,, DATE: .... SECTION B: APPLICANT READS 5 AMICI COMPLETES TIi15 SECTION ONLY VVI HE SHE IS NOT THE ACCOUNT HOLDER As applicant for payment assistance for the above-referenced FPL account,I hereby confirm that I am not the Account Holder with FPL,but I am authorized by the Account Halder to initiate this assistance application on His/her behalf.This may be confirmed at the agency's discretion,by contacting the Account Bolder. i All information is accurate to the best of my knowledge.The agency may verify my personal information contained in this authorization,including the FPL Will account for which 1 am seeking assistance. I also confirm that I have not received FPL Care To Share Program assistance in the past twelve months from the date of this application,at this or any other FPL service address. APPLICANTS NAME(NOT ACCOUNT HOLDER). APPLICANT'S PHONE NUMBER: APPLICANT'S SIGNATURE: . w , _ DATE: i gOON Ct FOR ffigNg gg ONLY Agency must malntaln thisform in the applkant's fife and make it available to FPL upon request for acwunting and auditing purposes. AGENCYINAME: . PHONE; „muuu u� AGeNCYCASEWORKEleSNAME(PLEASE PRIN): AGENCY CASEWORKER'S SIGNATURE: ,. o. DATE: I FPL ASSIST REP E:. ,. ,.... _.... ..m THIS APPLICANT SATISIFIES: 1. ALL ELIGIBILITY CRITERIA AS OUTLINEDINTHEFPL CARETOSHARE PROGRAM GUIDELINES. CHECK HERE: ❑ 2. THE PROGRAM'S INCOME ELIGIBILITY GUIDELINES MED ON EITHER(CHECK ONLY OF THE OPTIONS LISTED BELOW): 1 <of POV LEVEL OR ❑EXPANDED INCOME LIMIT DUE TO SPECIAL CIRCUMSTANCEi/NEEDS i Page 290 of 1906 Bovnton Beach Faith i ._ ..4, 2191 N Seacrest Blvd Post Office Box 337 a Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-244-5040 virww.bo ntoncdc. rq o ' i k Client Information: Date(monthidaylyear): ® �,,,,,,x,,, ....... Client Name: Client Address: .............. m ._:. (complete stneetaddress) ... , : - (cdY/ A) 232�732f?S?S?i2f ti2373tS7i2f73tf Zf�25737323Zi Type of Assistance: Rent(check one)Mortgage(check one) Past due rent If Past due mortgage �{ current month's rent 15 Current month's mortgage First month's rent(effectivelmove in date,,—, 1(monthfdaylyear) The monthly rentlmortgage payment is$ .---- - The total owed(including the amount above) The one month amount being paid by this agency is The amount being paid is for the month of(month/year) The one month amount being paid is/was due on(monthldaY/year)®, �. The one month amount tieing paid is past due in its entirety at time of payment(check one):'jYes'dNo ErFSP guidelines allow for the payment of mortgage principal and interest only.Current rentlmortgage payments may be made up to 1 D calendar days before the due date.First month's rent may be paid up to 30 days prior to movewin date.No deposits, escrow fees,tate fees,etc.are eligible when providing assistance to individual=Jhousehotds.First month's mortgages are not allowed. �7i732373732i2f2f732373232f2373232323�237323 LRO Verification(To be completed by the LRO staff): LRO Staff Name:-,,,, LRO Staff Signature;.®....._.. Date(rrtonthldaYfYea*c...- LandlordlMortgage Holder Verification(To he completed by the landiordimortgage holder): This is to confirm that rentlmortgage for for the property (name of individual or family) ____ with fcomplete address,street number and name,cftj,state.zip code) a monthly rent amount of$„ (rent oniY:includes no deposits,late feed or other charges)or with a mortgage with a monthly payment of$ (principal and interest only;no escrow payments or other fees)is/was due on The total amount currently owed is$®_........ -The individual/ E (morrtt�Iofgy/yearJ family now has rentlmortgage duelpast due for the month(s)of , --- ( y-1). LandlordfMortga98HolderName __ .,u�, ____.., _, --Phone, Address:--,—.-, —. (sirowchy/state) Landlord Mortgage Holder Signature: Rafe(moldaYlYr)�® e !M Important:Payment will guarantee residency for an additional 30 days! r Page 291 of 1906 jEFTC p € � F a rr F x ry g Riv�lo 111 � ...... GO 3 4 � t - - TU- ------ m Y � ° T m F h I 7 i. i 711 r a s o c F t -JA w D tV r r r r r r n, r 3 � � 11.0- tF® (o Ec, � m 4 � @ ® � �I,,t � . of 1906 �'.r �W WIT F � ) )�¥ � � $$ ) . � } ) 3 ( kK } © e ) kk : ) } � . ( [ {. . � ) )� �\ } = e : ) : kK : . Kk } © ) w= . ƒy � �# a:»2 © \ ® \ i Page 293 0 1906 's INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. ]BOX 2508 CINCINNATI, OH 45201 �j Employer Identification Number: 'Date: 65-0971509 ])IN: ilb53073775004 BOYNTON BEACH FAITH BASED COMMUNITY Contact Person: DEV CORP SANDRA MAK ID## 95023 PO BOX 337 Contact Telephone Number: BOYNTON BEACH, FL 33425-0000 (877) 829-5500 Public Charity Status: 170(b) (1) (A) (vi) Dear Applicant: Our letter dated October 2000, stated you would be exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code, and you would be treated as a public charity, rather than as a private foundation, during i an advance ruling period. Based on the information you submitted, you are classified as a public charity j under the Code section listed in the heading of this letter. Since your exempt status was not under consideration, you continue to be classified as an organization exempt from Federal income tax under Bection 501(c) (3) of the Code. Publication 557, Tax-Exempt Status for Your Organization, provides detailed information about your rights and responsibilities as an exempt organization. You may request a copy by calling the toll--free number for forms, I (800) 829-3676. Information is also available on our Internet Web Site at www.irs.gov. 1 If you have general questions about exempt organizations, please call our toll-free number shown in the heading between 8:00 a.m. - 6:30 p.m. Eastern time. Please keep this letter in your permanent records. i Sincerely yours, Lois G!'Lerner Director, Exempt Organizations Rulings and Agreements Letter 1050 (DO/CG) f t I Page 294 of 1906 Depothuent of fike Treasnoy ,f DIRSIniknal RDVCxIue Service P, C. Box 2508 In reply refer to : 0248574153 Cincinnati OH 45201 Apr. 13, 2011 LTR 41680 EG 65-0971509 000000 00 00017038 BODC% TE BOYNTON BEACH FAITH BASED COMMUNITY DEV CORP X COURTNEY C CAIN PO BOX 337 BOYNTON BEACH FL 33425-0337 MS420 Employer Identification Number : 65-0971509 Person to Contact : MS. JOCKERS Toll Free Telephone Humbert 1-877-829-5500 Dear TAXPAYER: This is in response to your Apr . 041 2011, request for information regarding your tax-exempt status . Our records indicate that you were recognized as exempt under section 501 (c) (3) of the Internal Revenue Code in a determination letter issued in OCTOBER 2000 . Our records also indicate that you are not a Private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(a) (1) and 170(b) ( 1) (A) Cvi) . Donors may deduct contributions to you as provided in section 170 of the Code . Bequests , legaciest devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055 # 2106 , and 2522 of the Code . Please refer to our website www.irs . gov/eo for information regarding filing requirements . specifically, section 6033(9) of the Code provides that failure to file an annual information return for three consecutive Years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file . We will publish a list of organizations whose tax-exempt status was revoked tinder section 6033(1) of the Code on our website beginning in early 2011 . Page 295 of 1906 0248574155 Apr. 13P 2011 LTR 41680 ED 65-0971509 000000 00 00017039 BOYNTON BEACH FAITH BASED COMMUNITY DEV CORP X COURTNEY C CAIN PO BOX 337 BOYNTON BEACH FL 33425-0337 If you have any questions, please call us at the telephone number shown in the heading of this letter . Sincerely yours , S. A. Martin, Operations Manager Accounts Management Operations Page 296 of 1906 CD CD V_ u .$2 115 .2 1 0 W 0 aj 0) u LA uj E r- ;m cc CL CA u m z SR z cl) ;:3 :s w In > ;-a '0 ri > U CD 0 ;ui uj C 0 (D LL Il ............................ CW tn CD cu mami z a) 4) w zu. w m Cc w cc S U- cr 0 CL IL < 0 !S 2 1 u.I CL cc: LLA 0 z z 0 0 0 0 0 LU S ' .1 CLF ;p z z z z z z as � LLI 0 6u LLI 0 > LL. LL 0 0 0 0 0 IN rld a 0(4 C1C)1 C> C, rq C-4 �s W W U6 ui 0 z LU 0 12 t� 1 w LA co m m m mm (a m N U� Go z It ca -4 Iq r.- Ln S u 9) cu 0) (D E E m (U y CL 0 w w Q p4 I V 'a TO M0 m m m m 0 0 0 -2 0 0 2 K co co ca ED cc In LU CD 0 C 0 CL :E -0 C al ui jO-- -0 m cu E 0 0 0 Qj LU 0 0 m (D 0 r-= , cu 0 t 0 a Gi 0 LU > m x Page 297 of 1906 Page 298 of 1906 TABLE OF CONTENTS PAGE Independent Auditor's Report 1-2 Statement of Financial Position 3 Statement of Activities 4 Statement of Cash Flows 5 Statement of Functional Expenses 6 Notes to the Financial Statements 7-10 Independent Auditor's Report On Internal Control Over Financial Reporting and On Compliance and Other Matters Based On An Audit Of Financial 11-12 Statements Performed In Accordance With Government Auditing Standards Page 299 of 1906 WW P O.Sox 10515 William in Wera Beech,Florida 33418 Certified Public Accountant Phone: (591)703-5197 E-mail:blKwashirWomoastnat INDEPENDENT AUDITOR'S REPORT To the Board of Directors Boynton Beach Faith Based Community Development Corp Report on the Financial Statements I have audited the accompanying financial statements of Boynton Beach Faith Based Community Development Corp C'CDC")(a nonprofit organization),which comprise the statement of financial position as of December 31,2019,and the related statements of activities,functional expenses and cash flows for the year then ended,and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America;this includes the design,implementation,and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit.I conducted my audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.Those standards require that 1 plan and perform the audit:to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements.The procedures selected depend on the auditor's judgment,including the assessment of the risks of material misstatement of the financial statements,whether due to fraud or error.In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances,but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, I express no such opinion.An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion. 1 Page 300 of 1906 Opinion In my opinion,the financial statements referred to above present fairly,in all material respects,the financial position of CDC as of December 31, 2019,and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required by Government A udffing Standards In accordance with Government Auditing Standards,I have also issued my report dated August 31,2020,on my consideration of CDC's internal control over financial reporting and on my tests of its compliance with certain provisions of laws, regulations,contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of my testing of internal control over financial reporting and compliance and the results of that testing,and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering CDC's internal control over financial reporting and compliance. WZU&M waawfftoz, �;Fof West Palm Beach,FL August 31,2020 2 Page 301 of 1906 BOYNTON BEACHF AS COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF FINANCIAL POSITION DECEMBER 1, 2019 Without Donor ASSETS Restrictions Cash $ 293,027 Real estate held for sale 574,306 Grant receivable 28,553 Advances 25,104 Mortgage receivable 389,738 Real estate held for rental 849,156 Deposits 2 500 Total Assets $ 2,162,384 LIABILITIES Note payable $ 533,392 Accrued liabilities 2.550 Total liabilities 535,942 NET ASSETS Unrestricted 1,626,442 Total net assets 1,626=,442 Total Liabilities and Net Assets 2,162,384 See accompanying notes to financial statements. 3 Page 302 of 1906 YNTON 13EACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF ACTIVITIES FOR THE YEAR ENDEDE 1, 2015 Without REVENUES AND CONTRIBUTIONS Donor Restrictions Grants $ 116,066 Rental income 103,393 Donations 90,000 Net realized gain on real estate 32,828 Program income 6,808 Total 349,095 TOTAL REVENUES AND CONTRIBUTIONS 349,095 Expenses Program Services 281,624 Supporting Services 129,136 Total Expenses 410,760 Change in Net Assets (61,665) Net Assets, Beginning of Year 1,888,107 Net Assets, End of Year $ 1826F442 See accompanying notes to the financial statements. 4 Page 303 of 1906 BOYNTON BEACHF TH BASED COMMUNITY DEVELOPMENT CP TION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2019 Without Donor OPERATING ACTIVITIES: Restrictions Change in Net Assets $ (61,665) Adjustment to Reconcile Increase in Net Assets to Net Casty Provided by (Used in ) Operating Activities: Changes in Operating Assets and Liabilities: Real Estate Held for Sale 346,970 Grant Receivables 10,524 Real Estate Held for Rental (849,156) Advances (25,104) Other (2,500) Accrued Expenses `2„676` Net Cash Provided by( Used in) Operating Activities 583.607 FINANCING AC TIES: Note payable 391,392 Note payable payments 76.000 Net Cash Provided in(Used in} Financing Activities 315,392 Increase( Decrease) in Cash (268,215) Cash at Beginning of Year 561,242 Cash at End of Year $ 293,027 ” Interest Paid $ 20,584 See accompanying notes to financial statements. 5 Page 304 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED DECEMBER 31,2019 PROGRAM SERVICES SUPPORTING 5ERVICES Neighborhood Development Fund- Management Total and Stabilization raising &General Expenses Salaries and Benefits $ 24,951 $ 99,806 $ 124,757 Professional Fees 28,400 7,100 35,500 Maintenance 24,366 24,366 Utilities 13,387 1,487 14,874 Consulting 29,297 7,324 36,621 Property Taxes 7,095 7,095 HOA Fees 6,404 6,404 Office Expense 3,434 858 4,292 Insurance 20,144 2,238 22,382 Internet 2,024 2,024 Interest 20,594 20,594 Travel 2,016 2,016 Program Expenses 47,540 47,540 Other 25,134 6,283 31,417 Depreciation 30,878 30,878 Total $ 281.624 $ - $ 129J56-$ 410,760 See accompanying notes to financial statements. 6 Page 305 of 1906 BOYNTON BEACHFAITH BASED COMMUNITYDEVELOPMENT CORPORATIONTES TO FINANCIAL STATEMENTS DECEMBER 1, 2019 NOTE 1-SUN94ARY OF SIG CANT ACCOUNTING ACTIVTMS Nature_of ct Y#Ies Boynton Beach Faith Based Community Development Corporation("the CDC')is a nonprofit corporation organized to provide community service, youth programs, and improve the economic conditions of the Boynton Beach,Florida neighborhood through facilitating home ownership for moderate and low income families.The Corporation also provides social services to the neighborhood. Basis of Accounting The Financial Statements of the CDC have been prepared on the accrual basis of accounting and accordingly reflect all significant receivables,payables,and other liabilities. Use of EggMates The preparation of financial statements in conformity with generally accepted accounting principles include the use of estimates that affect the financial statements.Accordingly,actual results could differ from those estimates. FungfiffidQlassiffcation ofxcerii es In the accompanying Statement of Activities,expenses have been reported by their functional classification, a method of grouping wqxmses according to the purpose for which they were incurred.The primary functional classifications are program services and supporting activities.Program services are the activities that result in services being provided to members that fulfill the purposes or mission for which the CDC exists. Supporting activities are all activities of an organization other than program services and are included in the financial swernents as management and general cqpenses.,and are allocated based on time spent. Grants Resources from Government grants are recorded as revenue when the related costs are incurred. All other grants, unless restricted are recorded as revenue when the grant is received. The CDC is dependent on continued financial assistance by federal and local government agencies.Contributions whose restrictions are met in the same reporting period is reported as unrestricted contributions. Concenu°aeion of Cwt itsk Financial instruments that subject the CDC to concentrations of credit risk include cash. While the CDC attempts to limit its financial exposure,its deposit balances may at times exceed federally insured limits.The CDC has not experienced any losses on such balances. 7 Page 306 of 1906 B"O"'T'N'TON BEACHFAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER'! 31, 2019 NOTE 1-SUMMLARY OF SIGNIFICANT ACCOUNTING POLICIES(Cont'd.) Contributed Services The CDC does not recognize any support, revenue or expense from services contributed by volunteers, because they do not meet the criteria for measurement. Availability and Liquidity: Financial assets of cash$293,027, grant receivables$28,553 , financial assets available of$321,580 to meet expenses over next twelve months. Income,Tax Status The CDC is exempt from federal income tax as an organization described in Section 501 (cx3) of the lntemal Revenue Code. CDC believes it is no longer subject to examinations of returns for tar years ended December 31,2016.There are no examinations for any tax periods currently in progress. Contributions Contributions received are recorded as net assets without donor restrictions or net assets with donor restrictions depending on the existence and/or nature of any donor restrictions. Contributions that is restricted by the donor is reported as an increase in net assets without donor restrictions if the restriction expires in the reporting period in which the contribution is recognized.All other donor-restricted support is reported as an increase in net assets with donor restrictions, depending on the nature of the restriction. When a restriction expires(that is, when a stipulated time restriction ends or purpose restriction is aceomplishedl net assets with donor restrictions are reclassified to net assets without donor restrictions and reported in the Statement of Activities as net assets released from restrictions.The CDC has cash of$293,027,teal estate held for sale or rental$1,423,462,and mortgage receivable of$389,738 at December 31,2019,which are recorded as net assets without donor restrictions, however,those assets must be used in compliance with the grant agreements. Re t Estate_Reid for Sale The CDC has purchased and renovated certain properties held for sale to eligible home buyers. These properties are valued at lower of cost or fair market value.Fair market value is based on recent market sale Prices. Property and F4Wment Property and equipment are stated at cost less accumulated depreciation.Depreciation is being provided by use of the straight-line method over the estimated useful lives of the related assets as follows: Office equipment,5 years life. 8 Page 307 of 1906 BOYNTON BEACHF IT SED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2019 NOTE 1-SUMMARY OF SIGANT ACCOUNMG POLICIES(Cont'd.) The following fair value hierarchy measure fair value: Level I- unadjusted quoted prices. Level 2- Observable inputs. Level 3- significant unobservable inputs which are supported by little or no market activity.Level 2 include real estate held for sale.Fair value is the price CDC would receive to sell an asset in an orderly transaction between participants at measurement date.The carrying value of all other assets and liabilities approximate fair value due to their short maturity. NOTE 2-PROPERTY AND EQUIPMENT At December 31,2019,Property and Equipment consisted of the following.Office equipment,$18,349 less accumulated depreciation of$18,349. NOTE 3—MORTGAGE RECEIVABLE The CDC purchased real estate that will be renovated and sold to eligible home buyers as part of the neighborhood stabilization and improvement program.Proceeds from the homes that were sold during the year ended December 31,2019 are recorded in the financial statements.Net proceed from any sale must be used in compliance with the grant agreement.The CDC provided second mortgage financing which is an interest free deferred payment loan and the loan will be paid upon the sale of the property if sold short of the term of fifteen years from the closing date of the first mortgage or upon mortgagor's default. Mortgage receivable will be forgiven if the homeowner remains in the home the required period. NOTE 4-LEASE OBLIGATION The CDC uses offices provided by the City of Boynton Beach in the neighborhood in which it operates,for a nominal fee of$12 per year.The market value of this spare is not included in the financial statements. NOTE 5—Program Income Program income includes gross sales of real estate of$32,828,and rental income from real estate not sold of $103,393.1he net gain on sate of real estate is reported in the statement of activities.The CDC is required to use program income in compliance with grant rules and regulations. 9 Page 308 of 1906 BOYNTON BEACHF IT COMMUNITY EV L T CORPORATION TE To FINANCIAL STATEMENTS DECEMBER 1, 2019 NOTE 6—CONTINGENCIES SUBSEQUENT EVENTS The Corporation receives financial assistance from federal,state,municipal and other local non-governmental agencies in the form of grants. The disbursement of funds received under this program generally requires compliance with the terms and conditions specified in the grant agreements and are subject to audit by the grantor agencies.Any disallowed claims resulting from audits could become a liability of the CDC. The date to which events occurring atter December 31,2019,the date of the most recent statement of financial position,have been evaluated for possible adjustment to the financial statements is August,31,2020,which is the date the financial statements were available to be issued. Grants from governmental agencies totaled 33%of total revenue at December 31, 2019.As a result off CO`/ID-19,economic uncertainties have risen though such potential impact is unknown at this time. Note 7-LINE OF CREDIT CDC obtained a revolving line of credit to develop residential single family homes in low and moderate income communities in Boynton Beach,Florida. The terms are as follows: maximum principal amount of loan$1,000,000,interest rate of five and one quarter percent,maturity date of two years from the date of loan closing,security property of first mortgages on residential parcels and the improvements located thereon at scattered sites within the Project,and repayment terms commencing on the last day of the month following the loan closing date,monthly payments of interest are due and payable on the last day of each month,with the principal balance of the loan , if not sooner paid, together with any unpaid interest and fees, due and payable in full on the maturity date.Borrowings are outstanding at December 31,2019,of$533,392. Note 8—NEW ACCOUNTING PRONOUNCEMENT On August 18,2016,FASB issued ASU 2016-14,Not-for-Profit Entities(Topic 958)—Presentation of Financial Statements of Not-for-Profit Entities.The update addresses the complexity and understandability of net asset classification,deficiencies in information about liquidity and availability of resources,and the lack of consistency in the type of information provided about expenses and investment return. NOTE 9—REAL ESTATE HELD FOR RENTAL At December 31, 2019, certain real estate held for sale was converted for rental property as part of its affordable homes program.The properties are depreciated over 27 Years, and accumulated depreciation of $30,878 10 Page 309 of 1906 WW I?0.Box 1 13515 William him n Were Beach,Florida 33419 Certified Public Accountant Pion: (56'1) 703-5197 E-mail.bJllwashjr@ftmcast.net INDEPENDENT AUDITOR'S REPORT ON EVTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WrM GO VERAMENTAUDITING STANDARDS To the Board of Directors Boynton Beach Faith Based Community Development Corporation Boynton Beach,Florida I have audited in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Boynton Beach Faith Based Community Development Corporation("CDC")(a nonprofit organization),which comprise the statement of financial position as of December 31,2019,and the related statements of activities,functional expenses and cash flows for the year then ended,and the related notes to the financial statements,and have issued my report thereon dated August 31,2020. Internal Control over Financial Reporting In planning and performing my audit of the financial statements,I considered CDC's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing my opinion on the financial statements,but not for the purpose of expressing an opinion on the effectiveness of CDC's internal control.Accordingly,I do not express an opinion on the effectiveness of the Organization's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees,in the normal course of performing their assigned functions,to prevent,or detect and correct,, misstatements on a timely basis.A material weakness is a deficiency,or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness,yet important enough to merit attention by those charged with governance. My consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during my audit I did not identify any deficiencies in internal control that 1 consider to be material weaknesses.However,material weaknesses may exist that have not been identified. 11 Page 310 of 1906 Compliance and Other Matters As part of obtaining reasonable assurance about whether CDC's financial statements are f1ree from material misstatement,l performed tests of its compliance with certain provisions of laws,regulations,contracts,and grant agreements,noncompliance with which could have a direct and material effect on the determination of financial statement amounts.However,providing an opinion on compliance with those provisions was not an objective of my audit,and accordingly,I do not express such an opinion.The results of my tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of my testing of internal control and compliance and the results of that testing,and not to provide an opinion on the effectiveness of the CDC's internal control or on compliance.This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the CDC's internal control and compliance. Accordingly,this communication is not suitable for any other purpose. West Palm Beach,FL August 31,2020 12 Page 311 of 1906 44 Y{ ® O 3 � 2 v 52 E •Y C ja E .1 s @ �a a 16 V i r a � I c CL r w a I a ° a e N� x 0 c �' _c w o c0 _ — L CL I S a m E � I ' w .'i Y s m CD N 9 W $Ia [� v .n n .r col -- TN O I U � x � 0 I m � � y4-• I C m 5 Ay ® 'S c Page 312 of 1906 r � � i I i n t�f a o i r I$ i r 0 - i a Cl a NtoW P �p n r m a in N w - LO w .��`.. n LL 12 I o � „ a m .s h ptp W b � 7 ay ® Page 313 of 1906 1!1/2021 Mail-Sherry Johnson-Outlook Award Letter - HIV PrEP Gloria Goolsby <ggoolsby@boyntonbeachcdc.org> Wed 1/6/20218:29 PM To: Sherry Johnson <sjohnson@boyntonbeachcdc.org>;frewsharon08O3@gmail.com <frewsharon0803@gmail.com> Cc: kjosephl6@gmail.com <kjoseph16@gmail.com>;Keturah Joseph <kjoseph@boyntonbeachcdc.org> Grnalfl FARTHER Outreach <fartheroutreach@gmail.com> FDOH PrEP Project Award Information 3 messages Knight, Brandi N<Brandi.Knight@flhealth.gov> Wed, Dec 16, 2020 at 2:31 PM To: "fartheroutreach@gmail.com"<fartheroutreach@gmail.com> Cc: HIV Section EHE<HIVSectionEHE@flhealth.gov> Dear Gloria Goolsby. Congratulations!Boynton Beach Community Development Corporation has been selected to receive funding from the Florida Department of Health,Office of Minority Health and Health Equity and the HIV/AIDS Section.The total funding award is$50,000.00.This funding is for the period of January 1, 2021-June 30, 2021.The funding will support PrEP awareness,education, and referral activities included in your organization's proposal. The Office of Minority Health and Health Equity is lead on developing and implementing the funding agreements. Please note that communication will come from a representative of that office.We ask that you refrain from sharing this information with external individuals and organizations until you hear from the Office of Minority Health and Health Equity regarding the funding agreement. In the meantime, if you have questions or concerns please contact the team at HIVSectionEHE@flhealth.gov. We look forward to working with you! Sincerely, Programmatic Operations Manager HIV/AIDS Section Bureau of Communicable Diseases Division of Disease Control and Health Protection Florida Department of Health Mailing Address: 4052 BaN ;y [-w Y y,Bin A-09,Tallahassee,FL 32399 Phone:850-24S-4381 Fax:850-412-11 S 7 DOH Mission: To protect,promote and improve the health of all people in Florida through integrated state, county and community efforts. aish Y't.fu g:nat. '` nrzr+ t. _;,1`# U ,a;d "?ti o",, a&„;��"r,r.'„air., . Ek a-,"�I �t '��,.a��rr.�';�� k(rEar''€i';.t, ..... 4rlxfs'7,+.ukt.r.ti. , ia�;3t 1,a, , f1,. G. Goolsby<fartheroutreach@gmail.com> Thu, Dec 17,2020 at 8:00 AM To: "Knight, Brandi N"<Brandi_Knight@flhealth.gov> Good Morning, I look forward to hearing from you soon. Thank you. ASG https:/!outlook.office.com/maiVinbo�d/AAQkADk4NThkM2ZJLWQxZDgtNG15ZiIhNmQzLTE5ZDQ2MGYOODRhMgAQAL]AbZucuhtFvG-7ge . lI Of"' 906 1/712021 Mail-Sherry Johnson-Outlook [Quoted text hidden] Gloria Goolsby Project Director FARTHER Outreach P.O. Box 337 Boynton Beach, FL 33425 (A project of Boynton Beach CDC-A 501(c)(3) Nonprofit Corp.) (561)600-8925 Phone (561)244-5046 Fax Web Address: hftJ/farther0 t1'0ac i con'Y "Providing Paths to Achievement w Building Bridges Within Diverse Communities" Please note this e-mail and all transmitted files attached are confidential and intended solely for the individual or entity to whom it was addressed. If you received this e-mail in error, please notify the sender immediately by e-mail, then delete this e-mail from your system. If you are not the said addressee,you are notified that you should not distribute,disseminate or copy this email and that taking any action on the contents of this information is strictly prohibited. G.Goolsby<fartheroutreach@gmail.com> Thu, Dec 17, 2020 at 10:39 AM To: kjosephl6@gmail.com, kjoseph@boyntonbeachcdc.org [Quoted text hidden] [Quoted text hidden] Project Director- FARTHER Outreach Program (561) 600-8925 Mobile 288 K Sbacrat Boulexeid Post OW=Box 337 Boyraw Beach,FL33425 561-7524303 (fax= 56t2444046 :f .ba beac 1 https:/ioutlook.office.comlmaiViinboxrid/AAQkADk4NThkM2ZJLWQxZDgtNG15Zi1 hNmQzLTE5ZDQ2MGY00DRhMgAQAL.IAbZucuhtFvG7%2Bd9ATC1... Page 315 oeT906 June 14th 2021 144 81 Boynton Beach Boynton Beach Faith Based Community Development Corporation, Inc. Attention: Sherry Johnson Address: 2141 N. Seacrest Blvd Boynton Beach, FL 33435 RE: Fiscal Year 2021 Healthier Boynton Beach Mini Grant Award Letter Dear Mrs. Johnson, We are pleased to inform you that Healthier Boynton Beach has selected your mini grant project proposal for our 2021 fiscal year. Your organization will be awarded the amount of$4,000 ,00.The funds will be disbursed in one payment in July 2021. The goal of the Mini-Grant opportunity is to engage the Boynton Beach community in creating innovative approaches to improve health outcomes for family caregivers. The funds made available through the mini-grants will allow local organizations to obtain the needed funds to pilot ideas that will improve our collective community health in one of three focus areas: 1. Promote awareness of family caregiving 2. Provide education to improve access to services and support 3. Promote health and wellness of family caregivers Please Confirm that you can/will meet the Healthier Boynton Beach Mini Grant Guidelines by attesting to the following; Q Your Project primarily targets those in the Boynton Beach community f3343 zip code area). ❑ Your organization is a local business, civic organization, not-for-profit 501 (c)€3)or you are partnering with one to receive funding. {The check will be written to that organization) ❑ You will be present for the virtual awards announcement on June 30th 2021. ❑ You will participate in Healthier Boynton Beach activitiesievents and like social media pages (Facebook & Instagram) ❑ You will provide a calendar and/or dates of project activities by August ist 2021 ❑ You will provide a Final Report including Impact, outcomes, Success and Challenges. Pre and post surveys should be a part of your report. Be sure to include photos to share on Healthier Boynton Beach websitelsocial media. Due Date for report December 3i5t 2021. Payment will be made within 30 days of receipt of the signed letter agreement. Please contact Ricky Petty at(561) 635-8785 or via email at j2 1 , pt ;u with any questions you have regarding HBB's mini grant guidelines. Your service to the Boynton Beach community is appreciated, and we are happy to support the great work you provide. Thank you for your partnership! Sherry Johnson,Social Service Program Director June 14,2021 Printed Name Title Date Signature June 2021 Page 316 of 1906 LOST" TREE FOUNDATION May 19, 2021 Ms.Keturah Joseph,Executive Director Boynton Beach Faith Based Community Development Corporation 2191 'N Seacrest Blvd. Boynton Beachvfl 33435 Ate. Dear M.S. seph On beh, of the oard of Trustees of Lost Tree Village Charitable Foundation,we are pleased to enclose a check in the amount of$11,900.00 representing payment of a 2021 grant award to your organization_ The terms and conditions of this grant award are detailed in our electronic Grant Contract. As a best practice,please share a copy of the Contract with any staff members who have implementation or reporting responsibilities for the funded project. One of the terms of this electronic contract requires you to complete a Grant Accountability Report detailing the use of the funds received. Please sign on to our website, losttreefoundation.org to submit your report by May 31,2022. A reminder email with detailed instructions will be sent approximately two weeks prior to your report due date. If you need an extension to complete this report,please contact our office. We are pleased to partner with you this year. Best wishes for your continued success. Sincerely, �A <11V Vukusich, CAP" Exe Director ENC 8 Church Lane I North Palm Beach,FL 334081 (561)622-3780 t 1 (561)841-6773 t f LostTreeFoundation.org Page 317 of 1906 .�� ^ �� x 1 r h� '�i � p Y ,,h%�i %w � �,"'Se � g x,$l uGC. �7-� i,<.�•.�:. ^"�"4-t'�°.�tti �,t•r Z 1A. � .uY�� S �c ed ! 1� l 4 .v ! yG:F�}a -'4 { P 'Oa f.""k J4aX� ` fd F /• a� 3 art '� 1�� ,, �� iv,� +� ' �`y#� ,4 �r �� '�. ".,. d11� °�. r�• -� t - '$ � �e,r d � �}A� � 7"��s"'k '"��a� }rt`.�i w# � e -5-'�� '4_ ati sY� �, i ,� r �,-f{ �" .+„ r •'.`ILQL'I'.^�_i_,..: . f " T'A`FT 7TN� yntOR �;.. ch Earth �**1-1 900.00 .. .. . C{ pEFi • � .. a ...a �. • .—.....«.. _ Y s h- ='B1Pu$h-Thbt1 ' R { RG'1 L1rm.'a _ TO q r .�.r?nww: '�'> ..� 6a a - �_ L .£ P h •*�s` -y v-s e _ E- '�^ Y J �N ��ff.;��, � ��- # �, ws T�- •'.�i �A J 1f 4 ~x Y r•f'.+�" ny.u' i � t� � Y 3 -r - C 45w" �XY',✓�' 'r'yr'tg 1X3-�-,� �f§ +K� ,.:ems * Y+ ty"`; `X 'T a Y` .V 304 Ust TM Village ChalitAblb FoundaUon,Inc. ;Z 3 Boynton ch Faith Based Cut 5/1&2021 -"2033 Grant appr4pv /04/2029 1,41900.00 I I s s 5 , Norttter Tnist l clog a/c Grant 2024 Page 318 of 1906 5/11/2021 Mail-Sherry Johnson-outlook PFA Communityrant Donna Root <donnaroot@a lternativehomehealth.com> Mon 5/10/2021 1:32 PM To: Sherry Johnson <sjohnson@boyntonbeachcdc.org> Cc: Donna Root <donnaroot@alternativehomehealth.com> Hi Sherry Congratulations on your organization being selected to receive a $1,000 Grant this year I will be back in touch once the board has advised when the check will be available So glad we could help Donna Root, RN, BSN Community Relations Representative Cell 561-307-0331 Office 954-622-0588 donnaroot@alternativehomeheaIth.com wq,,,s,N,. 111 ri,i tive omr,h l h.com Sent from my Whone https.//outlook.office.comimailrnboxrid/AAQkADk4NThkM2ZILWQxZDgtNG15ZjlhNmQzLTE6ZDQ2MGYOODRhMgAQABUS%2Br2CpSi gez9°149 of1l 906 THE }N ,�MNAI,F FOUNDATION "THE FUTURE BELONGS TO THOSE WHO PREPARE FOR IT." June 18,2021 Board of Directors Ms. Keturah Joseph Executive Director Jan Moran Boynton Beach Faith Based Community Development Corporation Chairman and President 2191 N Seacrest Boulevard Founding Director Boynton Beach, FL 33425 Dear Ms. Joseph: Tom Blanton Assistant Treasurer On behalf of The Jim Moran Foundation, enclosed is a COVID response grant in the amount of Founding Director $40,000.00 to support the continuation of the Family Strengthening Program to help provide counseling and navigation for access to Federal relief funding through:a dedicated, full-time case manager.Our grant is based on the current status of Boynton Beach raith Based Community Melanie Burgess Development Corporation as a public charity under sections 501(c)(3)and 509(a)(1)or 509(a)(2). Vice President Consequently,should there be any change to your tax status, you arerequired to notify AFoun nt Director The Foundation immediate) Founding Director Y• ' Executive Director We understand the importance of creating cause awareness, as well as acknowledging partnerships invested in serving our community. Should this grant generate an announcement or Susan Eccher recognition(i.e., press release, print or e-newsletter, logo usage, social media, etc.), Treasurer The Foundation respectfully requires prior review and written approval. In such mentions, please Director refer to us as The Jim Moran Foundation. For further assistance with your communications,or to begin the review and approval process, please contact Ilisa Finkelman at 954-363-5550 or ilisa.finkelmaRgl� immoranfoundation,cr�. uQu a - Iry Fitfin Director Please sign and return this letter of commitment to me confirming that Boynton Beach Faith Based Community Development Corporation will comply with The Jim Moran Foundation's funding allocation and communications requirements. Lucia Lopez Secretary The Foundation's mission is to improve the quality of life for the youth and families of Florida Director through the support of innovative programs and opportunities that meet the ever-changing needs of the community. VVith this grant,we recognize the positive impact you are making by helping struggling individuals and families remain in their homes. WOW G.Neam,M.D. Director Sincerely, Melvin T.Stith,Ph.D. e� Founding Director Attachment ------------------------------- ln accordance with The Jim Moran Foundation, Inc.'s funding and communications requirements stated above, Boynton Beach Faith Based Community Development Corporation agrees to utilize In Memory of the$4 00 grant for the Family Strengthening Program. In addition, periodic updates and Jim Moran im aft repo ,rifq will be provided as requested by The Jim Moran Foundation. Founder i 1918-2007 f Keturali Joseph, Boy ton Beach Faith Based Community Development Corporation cc: Courtney Cain, Board Chair mm Sherry Johnson, Social Service Director ' TI♦T E I BOUNDAnON1 100 JIM MORAN BOULEVARD, DEERFIELD BEACH, FLORIDA 33442 7 EEVARE FDR fT' ° Phone: 954 429 2122 Fax: 954 363 6801 www.jimmoranfoundatio .org -- - !! ANNIVERSARY Page 320 of 1906 [`t If . . s o 'er `f cm � 6 o CD .- o C',: ll C3 U` rI] �i � p �41 o s 9f 1 04 f is tl e;€ -Q40 • { 9 E!!! ru V Ln m H o Ln o; cm cr OJ Y0 k k ? 14 o N O CO j O � I ,� ca 0 ` Z U _ • a ara ti te , C;a Z Rd Ln i i t Ri N. W ru O r 6 ILI0 >41 w 0 0 t w wt d UIX ~ a�II aha IL Page 321 of 1906 THE FOUNDATION "THE FUTURE BELONGS TO THOSE WHO PREPARE FOR IT." August 13, 2020 Ms. Keturah Joseph Board of Directors Executive Director Boynton Beach Faith Based Community Development Corporation 2191 N. Seacrest Boulevard .Ian Moran Boynton Beach, FL 33425 Meman and President Founding Director Dear Ms.Joseph: On behalf of The Jim Moran Foundation, I am pleased to nofify you that your grant request has been Tom Blanton approved in the amount of$150,000.00 payable as follows: $100,000.00 in 2020 and$50,000,04 in Azlfrrt Trmurar 2021,with the 2021 payment contingent upon program utilization and progress toward successful Founding DrrwW outcomes.The monies are to be used for the COVID-19 Rebound and Senior Care programs according to the attached budget and expected outcomes. Our funding is based on Boynton Beach Faith Based Community Development Corporation's current status as a public charity under sections Melanie Burgess 501(c)(3) and 509(a)(1)or 509(a)(2). Consequently,should there be any change to your tax status,you rrecuM Dir are required to notify The Foundation immediately. It is also necessary to contact us with any potential ,45,slstent Secretary Fndig DireCar adjustments in program delivery from what was presented and approved during the grant application process to determine if there are funding implications. Susan Eccher We understand the importance of creating cause awareness, as well as acknowledging partnerships Treasurer invested in serving our community. Should this grant generate an announcement or recognition Diragbr (i.e., press release; print or e-newsletter, logo usage, social media, etc.), The Foundation respectfully reauires orior review and written approval. In such mentions, please refer to us as The Jinn Moran f=oundation. For further assistance with your communications, or to begin the Iry Knn review and approval process, please contact llisa Finkelman at 954-363-5550 or D11wW iiisa,frnicelmanc!Mlimmoranfoundation.ores. Please sign and return this letter of commitment to me confirming that Boynton Beach Faith Based Lucia Lopez Community Development Corporation will comply with The Jim Moran Foundation's funding allocation &CMUY and communications requirements. Director The Foundation's mission is to improve the quality of life for the youth and families of Florida through the support of innovative programs and opportunities that meet the ever-changing needs of the Larry McGinnes community.With this grant,we recognize the positive impact you are making by providing and seniors it PMddeni with engagement and social services to prevent isolation and resources for families to economically Founffing Director recover from the coronavirus pandemic through the Heart of Boynton Alliance. Dr.Melvin T.Stith Sincerely, Founding Dlrectar Attachment ------------------------------- In Marrrrulr Of In accordance with.The Jim Moran Foundation, Inc.'s funding and communications requirements stated Jim Moran above, Boynton Beach Faith Based Community Development Corporation agrees to utilize the F0i1°`eT $100,00rnd rant payment for COMD-19 Rebound and Senior Care Program. In addition, periodic 1918-2007 updaesib sting will be provided as requested by The Jim Moran Foundation. e Keturah J ph, Boynton Beach Faith Based Community Development Corporation cc: Courtney Cain, Board President TH Sherry Johnson, Social Services Program Director FOUNDMON 100 JIM MORAN BOULEVARD, DEERFIELD BEACH, FLORIDA 33442 'THE FiR WMELOMGG 20 To Mon Phone: 954 429 2122 Fax. 954 363 61301 www.jimmoranfoundation.org To Mo sonm Page of 1906 1923 THE JIM,1111:GRAN FOUNDATION INC o,Ar�, S1 3/ 2020 63� lID?HE 0RWRGF _ Fait, used Community„ Develo meat 100,000.00 � � Bo° ntvn Bach Fad „_. - µ„ � ... o para talon �Fo one hundred- thousand thousand and 0 0/14 0 � ,w � a _ m... .. -- ,.,,,.,,OOwuM S �l:t NORT.14 RN TFLU9T k r�8'' 11tE h10RiFIFdMl'H411'f COMPl11VY eAl ". COVID--;19 Rebound &- Senior care 3 FOR _ „ Page 323 of 1906 e, TRALNSMMAL LETTER I q� C-7 -^y Department Of State 7� rQ3 '- r h 1, DiV1SlOn of Corporations ,f n . P.O.Box 6327 Tallahassee,FL 32314 ::_, Ga _fes c-j ;-r CT% SUBJECT: ,' H BASED COMMUNITY DEVELOPMENT CORP. t r corporate ztarne-must include su t fl) �- -12/21 9---01007--017 *87.507.SO Enclosed is an original and one(1)copy of the articles of incorporation and a check for - - _ _ _ 13 $70.00 $78.75 ❑$78.75 Filing Fee Filing Fee& Filing Fee Filing Fee, Certificate of &Certified Copy Certified Copy Status &Certificate jADDMONAL COPY REQUMED FROM: _ G77 i 1 i a �Warri Name(Printed or typed) —. -- - 428 Nw 3rd Ave. Address City,Rate&Zip 35 Daytime Telephone number NOTE: Please provide the orig!rW and one copy of the articles. f 1 Page &of 1906 4 Y ARTICLES of INCORPORATION F BO IDN BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION We, the undersigned natural persons of the age of eighteen (18) years or more, at least two (2) of whom are citizens of the State of Florida, acting as:Incorporators of a corporation under the Florida Non-Profit Corporation Act, do hereby adopt the following Articles of Incorporation for such corporation. 1. Name: The name of the corporation is Boynton Beach Faith, Based �r unity Development Corporation. 2. Non-Profit Corporation: The corporation is a non profit-corporation. , 3. Duration: The corporation is said to have perpetual existence. a Y 4, Purposes: The purpose for which this corporation is organized is to-. • Promote the financial revitalization of the community through business and real estate ownership, provision of services, home ownership and improvement, unification of residents,resistance to gentrification. • Develop and sustain partnerships with various groups and agencies in the Boynton Beach Target Neighborhood in order to ensure that development is streamlined and resources are put to the most efficient use. • Increase homeownership opportunities in Boynton Beach. « Reduce the number of vacant lots in the neighborhood and thereby reduce spot blight and crime. • hnprove and increase the delivery of social services to the neighborhood. The Boynton Beach Target Neighborhood is that geographical area located in the City of Boynton Beach, Florida, that is delineated by NE & NW 6`h Avenues to the South, NE & NW 13`h Avenues to the North, Interstate 95 to the West and the FEC Railroad to the East. The foregoing statement of purposes shall be construed as a statement of both purpose and powers, and the purpose and powers stated in each clause shall, except where otherwise expressed, be in no way limited or restricted by any reference to or inference from the terms or provisions of any other clauses, but shall be regarded as independent purposes and powers. i Page 325 of 1906 Notwithstanding any other provisions of these Articles of Incorporation, the corporation shall not conduct or cant' on any activities not permitted to be conducted _ or carried on by an organization exempt from taxation under Section 501 (c) (3) of the Internal Revenue Code and its regulations as they now exist or as they may be hereafter be amended, or by an organization, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code and Regulations as they now exist or as they may hereafter be amended. This corporation is organized pursuant to the Florida Non-Profit Corporation Act, and does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes. 5. Registered Office: The initial registered office of the company shall be 428 NW 3`d Avenue in Boynton Beach,FL 33435 in the County of Palm Beach. 6. Registered Agent: The registered agent of the company shall be Willie Ward. _ 7. Limitation of Powers: No part of the net earnings of the corporation shall inure to the benefit of or be distributed to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth. in Article 4 hereof. No part of the activities of the corporation shall be to participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on (1) by a corporation exempt from Federal Income Tax under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law); or (2) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law). 8. Dissolution: Upon the dissolution of the corporation, the Board of Trustees shall, after paying or:making provisions for the payment of all the liabilities and obligations of the corporation, dispose of any and all of the assets of the corporation exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) (3) of the Internal Revenue Service of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board of Trustees shall determine. Any such assets not so disposed of shall disposed of by the Court having jurisdiction in the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization, as said Court shall determine, which are organized and operated exclusively for such purpose. - z Page 326 of 1906 9. Board of Trustees: The number of trustees constituting the organizing Board of Trustees of the corporation is seven (7), and they shall serve in this capacity only until a full Board of Trustees has been installed in accordance with the by-lams. The names and addresses of the persons who are to serve as the organizing trustees are: Name: ddre • _ Courtney Cain 1900 NE 2nd Lane, Boynton Beach, FL 33435 Victor Marshall 3 80 NW 13 Avenue Boynton Beach, FL Samuel Kendrick 181 NE 19"Avenue Boynton Beach, FL 33435 Jeanette Cain 1900 NE 2 d Lanes Boynton Beach, FL 33435 Elizabeth Jenkins 711 NW 1s'Street Boynton Beach, FL 33435 Debra Marshall 380 NW 13 Avenue Boynton Beach,FL Willie Ward 428 NW 3d Avenue Boynton Beach, FL 33435 10. By-Laws: The by-laws of the corporation shall be adopted by its Board of Trustees. The power to alter, amend or repeal the by-laws or to adopt new by-laws shall be vested in the Board of Trustees. 11. Incorporators: The names and addresses of each incorporator is: _ Name: • Courtney Cain 1900 NE 2nd Lane, Boynton Beach, FL 33435 Victor Marshall 380 NW 13 Avenue Boynton Beach, FL _ 3 Page 327 of 1906 Samuel Kendrick 181 NE 191'Avenue Boynton Beach, FL 33435 Elizabeth Jenkins 711 NW 1s'Street Boynton Beach, FL 33435 _ Willie Ward 428 NW 3'd Avenue Boynton Beach, FL 33435 I2.Principal Place of Business: The principal place of business of the corporation shall be 428 NW 3d Avenue, Boynton Beach, FL 33435 in the County of palm Beach, IN WITNESS WHEREOF, we the undersigned incorporators have hereto set our hands on this 15f day of December 1999. Courtney Cain ictor Marshall Willie Ward - - p Inuel I @a rick p Eliz nth Jenkins STATE OF FLOREDA COUNTY OF PALM BEACH BEFORE me, the undersigned authority, personally appeared before me Courtney Cain, Victor Marshall, Willie Ward, Samuel Kendrick and Elizabeth Jenkins on December 15,1999,who are personally known by me, and who subscribed the above Articles of Incorporation, and they did freely and voluntarily acknowledge before me according to law that they made and subscribed the same for the uses and purposes therein mentioned. a Page 328 of 1906 } s c A HAVE HEREUNTO SET MY-HAND AND OFFTOIAL SEAL at Boynton Reach in the State of Florida on this 15th day of December, 1999 nwuer, Chfb Mummer Notary Public State of Florida !ly;,^cED'fFF{uT�YFR1R6fit51lRA�,lPC. �tw .._- y commission expires: Having been named as registered agent and to accept service of process for the above stated corporation at the Place designated in these articles, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with all statutes re lating 0 Proper and complete performance of my duties, and am familiar with and accept the obligations of my position as registered agent. Registered Agent:Willie Ward s Page 329 of 1906 7/1/2021 Check-A-Charity Ch, eck=A= Ch. a, rrty i KNOW HOW YOUR MONEY IS BEING SPENT BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION, BOYNTON BEACH, FL Registration Number:CH12112 Expiration Date : 1/25/2022 Revenue Source : 08- IRS 990 wl Sch.A and Audit(1213112019) Total Revenue.$349,095.00 Program Services Expenses :$294,680.00 72% Total Expenses:$410,760.00 Administrative Expenses:$116,080.00 28% Surplus/Deficit:-$61,66'5.00 Fundraising Expenses:$.00 0% aboutblank Page 330 of 1. 06 tt �, MATioNAL REGisTRY OF FooD SAFETY R-ROFESSIONALS(M ix si t s G CJEknF tOm v U' SHARON SCHO FREW �] s HAS SUCCESSFULLY SATISFIED THE RE MTS FOR THE f FC)OD SAFETY MANAGER UNDERTmE CONFERENCE'FOR FOOD PROTECflON STANoAjws A. op 'fi£; t, �ut+{i _�� ' LAvvRENCE J.LYNCFh CAE 4 s ISSUE DATE:OCTOBER 2 to t s EXPIRAMO]N DATE:OCTOBER 2,2024 CER`i1F^ICATE[fib:,2163OWS 1 TF-wr FORM:E S46 wee a nod vQWfbrm ,'.. a s a Page 331 of 1906 END USER LICENSE AGREEMENT RHA " CLIENT MANAGEMENT INFORMATION SYSTEM m-Gwch County The Client Management Information System(CMIS) allows sharing of client information for the provision of services in Palm Beach County through a networked infrastructure that establishes electronic communication among Member Agencies. Participation in the CM1S enables the collection and sharing of unduplicated countywide aggregate data on homeless service delivery. The CMIS provides a standardized assessment of client needs,supports the creation of individualized service plans and records the use of housing and other related services. This document outlines the role and responsibilities of End Users. All End Users have a vital role in ensuring the accuracy and quality of data entry. Member Agency: Boynton Beach Faith Based CDC User Information Sherry Johnson, Social Service Program Director Boynton Beach Name of User/Position or Role Location Name fartheroutreach@gmail.com 561-600-8925 Email Address Work Phone� , ,w,.0 _ a - 2191 N. Seacrest Blvd., Boynton Beach, FL 33435 Location Address Above named user understands and agrees to adhere to all the responsibilities stated below: • Read and be fully familiar with the CMIS Policies and Procedures Manual • Sign an Affidavit of Good Moral Character and meet background requirements of my agency • Meet basic computer competency/skills to adequately use and navigate CMTS • Complete all CMIS training requirements • Comply with all system security and confidentiality policies outlined in the CMIS Policies and Procedure Manual and in CMIS training(Section 11) • Maintain the confidentiality of assigned User ID and password • Maintain client confidentially and uphold all client rights outlined in CMIS Policies and Procedures Manual(Section 10) • Report suspect security breaches to my Agency Administrator • Enter client data fully complying with HUD Universal Data Elements standards • Enter client data in real-time adhering the CMIS Policies and Procedures Manual(Section 15) • Comply with End User inactivity requirements as outlined in CMTS Policies and Procedures Manual(Section 11) • Maintain high standards of professional conduct treating clients and other Member Agencies with respect and fairness I understand that a failure to comply with the above responsibilities may result in the removal or suspern of my user license. 5/8/2020 ser) . pature , Date Keturah Joseph, Executive Director Agency Administr for Signature Agency Administrator Printed Name End User License Agreement—Rev.8/2017 /1 Page 332 of 1906 AFFIDAVIT OF GOOD MORAL CHARACTER HHA CLIENT MANAGEMENT ]INFORMATION SYSTEM PaYn Beach county �,o",t State of Florida -County of Palm Beach Sherry Johnson, Social i it (Applicant/ ployee e) As an applicant requesting a user license for the CMIS system I affirm and attest under penalty of perjury that I meet the moral character requirements for laid out by the Palm Beach County COC in that: I have not been arrested with disposition pending or found guilty of, regardless adjudication,or entered a plea of nolo contender or guilty to or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of the Florida Statutes or under any similar statute of another jurisdiction for any of the offenses listed below: eltin to: Section 393.135 sexual misconduct Wth certain developmentally disabled clients and reporting of such sexual misconduct Section 394.4593 sexual misconduct Wth certain mental health patients and reporting of such sexual misconduct Section 415.111 adult abuse,neglect,or exploitation of aged persons or disabled adults or failure to report of such abuse Section 741.28 criminal offenses that constitute domestic violence, ether committed in Florida or another jurisdiction Section 782.04 murder Section 782.07 manslaughter,aggravated manslaughter of an elderly person or disabled adult,or aggravated manslaughter of a child Section 782.071 vehicular homicide Chapter 784 assault, battery,and culpable negligence,if the offense was a felony Chapter 748.048 cyberstalkin Section 784.011 assault, if the victim of offense was a minor Section 784.03 battery, if the victim of offense was a minor Section 787.01 kidnapping Section 787.02 false imprisonment Section 787.025 luring or enticing a child Section 787.04(2) taking,enticing, or removing a child beyond the state limits with criminal intent pending custody proceeding Section 787.04(3) carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or delivering the child to the designated person Section 790.115(1) exhibiting firearms or weapons within 1,000 feet of a school Section 790.115(2)(b) possessing an electric weapon or device,destructive device,or other weapon on school property Section 794.011 sexual battery Former Section 794.041 prohibited acts of persons in familial or custodial authority Section 794.05 unlawful sexual activity with certain minors Chapter 796 prostitution Section 798.02 lewd and lascivious behavior Chapter 800 lewdness and indecent exposure Section 806.01 arson Section 810.02 burglary Section 810.14 voyeurism,if the offense is a felony Section 810.145 video voyeurism, if the offense is a felony Chapter 812 theft and/or robbery and related crimes,if a felony offense Chapter 815 computer related crimes Chapter 815.06 offenses against computer users Chapter 815.034 Florida Communications Fraud Act Chapter 847.0135 computer pornography Section 817.563 fraudulent sale of controlled substances, if the offense ms a felony Section 817.568 criminal use of personal identification information Section 825.102 abuse,aggravated abuse,or neglect of an elderly person or disabled adult Section 825.1025 lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult Section 825.103 exploitation of disabled adults or elderly persons, if the offense was a felony Section 826.04 incest Section 827.03 child abuse,aggravated child abuse,or neglect of a child Section 827.04 contributing to the delinquency or dependency of a child Section 817.034 fraudulent acts through mail,wire,radio,electromagnetic, photo electronic,or photo optical systems Affidavit of Good Moral Character—Rev. 12QOI5 1/2 Page 333 of 1906 Section 817.568 criminal use of personal identification information Section 817.60 obtaining a credit card through fraudulent means Section 817.61 fraudulent use of credit cards,if the offense was a felony Section 831.01 forgery Section 831.02 uttering forged instruments Section 831.07 forging bank bills,checks,drafts or promissory notes Section 831.09 uttering forged bank bills,checks,drafts, or promissory notes Section 831.30 fraud in obtaining medicinal drugs Section 831.31 the sale,manufacture, delivery,or possession with the intent to sell, manufacture, deliver any counterfeit controlled substance, if the offense was a felony. I also affirm that I have not been designated as a sexual predator pursuant to s. 775.21; a career offender pursuant to s. 775.261;or asexual offender pursuant to s. 943.0435, unless the requirement to register as a sexual offender has been removed pursuant to s. 943.04354. 1 understand that I must acknowledge the existence of any applicable criminal record relating to the above lists of offenses including those under any similar statute of another jurisdiction, regardless of whether or not those records have been sealed or expunged. Further, I understand that,while using a CMIS license, if granted, I must immediately notify my supervisor/employer of any arrest and any changes in my criminal record involving any of the above listed provisions of Florida Statutes or similar statutes of another jurisdiction whether a misdemeanor or felony. This notice must be made within one business day of such arrest or charge. Failure to do so could be grounds for termination. attest that I have read the above carefully and state that my attestation here is true and correct that my record does not contain any of the above listed offenses. I understand, under penalty of perjury, all users granted CMIS licenses shall attest to meeting these requirements and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses. I also understand that it is my responsibility to obtain clarification on anything contained in this affidavit which I do not understand prior to signing. I am aware that any omissions,falsifications, misstatements or misrepresentations may disqualify me from being granted a S user license SIGNATURE OF AFFIANT: ..� -- Sign Above OR Below, DO NOT Sign Both Lines -- To the best of my knowledge and belief, my record contains one or more of the applicable disqualifying acts or offenses listed above. I have placed a check mark by the offense(s)contained in my record. (Please circle the number which corresponds to the offense(s)contained in your record.) SIGNATURE OF AFFIANT: Affidavit of Good Moral Character-Rev. 1212015 212 Page 334 of 1906 Ac ' sist Agency Portal User Acknowlt T As an authorized Assist Agency Registered Representative,you are indicating that you agree to these terms and conditions,and that you desire to have access to the Florida Power&Light Company(herein referred to as "FPO)Assist Agency Portal(herein refeer"ed to as"Portar)in order to originate and p4t commitments (payment pledges)and View limited customer billing information needed to assess and qualify for said commitments.Access to any of this information by you is contingent on your consent to the following: • You Will not disclose any FPL-owned Information or customer Information to a thl i rd party without first having obtained the written authorization of FPL.You will utilize the information you receive under this Portal In a secure manner. • Upon your enrollment,you Will be given a unique Portal Representative Number that you will use to register for Portal access.You are solely responsible for the confidentiality and use of your ID and password,and for the transactions accomplished by the use of your password.Sha' ring your password is strictly prohibited. • You shall be responsible for accurately entering both Agency and customer information rmation on the portal.FPL reserves the right to terminate your access to any information made available via;this Portal if FPL discovers,and in its sale judgment determines,that you have failed to meet FWs'requirernents contained In these terms or have violated any applicable law or regulation or any of FPVs cyber-security or confidentiality procedures. • By entering the Portal,you are indicating that you agree that access to customer information shall only be for the sofe purposes of determining whether or not a FPL customer,being assisted by the Agency,is eligible for utility funding assistance,and for the purpose of committing such assistance if customer is deemed by Agency to be eligible for the assistance.Customer information shall not be used for any other purposes not specifically authorized under this Section. • By accessing the Portal,you understand and acknowledge that prior written consent and permission by FPVs customer of record,an authorized party listed an his or her account,of h legal representative must be granted before you are authorized to access the Portal to view the customer's data. • FPL policy strictly prohibits Registered Representatives who have access to the Portal from using it to perform payment assistance transactions on their own FPL electric account(s)or any other customer account outside the agency's payment assistance process.Such transactions are considered"Unauthorized transactions!"Any Registered Representative seeking payment assistance for their FPL account should contact his/her Agency supervisor,who may contact the FPL area manager for dire'ction. • Your participation and use of the Program does not convey any rights or license to you except as specifically set forth In these terms,and you agree to use and access the Infonnation solely for the purposes set forth in these terms. i • FPL will store and protect your online identifying Information In the same manner other personal customer information is stored and protected.Disclosure of this Information shall only be made when FPL Is required to disclose it by law. By participating in the Assist Program governed by this Agreement,you agree to be bound by this Agreement based on your signature below. Agefcy N me:y/ 4e lie-I J "7 Agency Portal User Signature Date Agency Principal Signature j Date Agency Portal User Printed Name Agency Principal Printed Name! Page 335 of 1906 7117/2020 Adobe Captivate Widget Certificate of Completion e �w. I' 9 ........ ......_._..........._, .......... sherry 3obnson w has successfully i completed the 2020 DCF Security Awareness Training. i July 17,2020 Training&Talent Development i' i PRINT httpsJlfloddadef.adobeconnect.cGm/ a3O2921195/sa2O2OintemeU 1/ Page 336 o0906 r tot =.� THE °THE FUTURE BELONGS TO THOSE WHO PREPARE FOR 17 August 13,2020 Ms.Keturah Joseph Board of Mwm Executive Director Boynton Beach Faith Based Community Development Corporation 2191 N.Seacrest Boulevard dan Moran Boynton Beach, FL 33425 Ctiskaw anttftL°SI f9d h"'A9 Dear Ms.Joseph: On behalf of The Jim Moran Foundation,i am pleased to notify you that your grant request has been Tom BMAw approved in the amount of$150,000.00 payable as follows:$100,000.00 in 2024P and$50,000.0o in 2021,with the 2021 payment contingent upon program utilization and progress towam successful outcomes.The monies are to be used for the COVID-19 Rebound and Senior Gare programs according to the attached budget and mpectad outcomes.Our funding is based on Boynton Beach Faith Based Community Development Corporation's current status as a public ciwft under sections Waf[1e Burgms 501(c)(3)and 509(a)(1)or 509(a)(2).Consequently,should there be any change to your tax status,you Ex9wM Okeukr are required to notify The Foundation immediately. it is also necessary to contact us with any potential A%Wmt S=tW F,,,gvMww adjustments In program delivery from what was presented and approved during the grant application process to determine if there are funding implications. Soman Emtw VVe understand the importance of creating cause awareness,as well as acknowledging partnerships Tim invested in serving our community.Should this grant generate an announcement or recognition DkacW (.e.,press release;print or e-newsletter, logo usage,social media,etc.),The Foundation respectfully requires actor review and writl etn approval:. In such mentions,please refer to us as The Jim Mmn Foandatlon. For further assistance with your communication,or to begin the by herrn review and approval process,please contact Ilisa FlnWman at 954363-5550 or BkecW ilisa.fin t i nda. n. Please sign and return this letter of commitment to me confirming that Boynton'Beach Faith Based bida Lopez Community Development Corporation will comply rvtth The Jim Moran Foundation's funding allocation SwftY ter and communications requirements. The Foundation's mission is to improve the quality of lite for the youth and families of Florida through the support of innovative programs and opportunities that meet the ever-changing needs of the La�t � community.With this grant,we recognize the positive impact you are making by providng and seniors � with engagement and social services to prevent isolation and resources for families to econorriically recover from the coronavirus pandemic through the Heart of Boynton Alliance. Sincerely, Dr.Bial MT.80 Ruxft awtur qat-,- )"�� Attachment ------ -- by HOW Of In accordance withTheJim Foundation,Inc.'s funding and communications requirements stated M>Ml 01W above,Baynton Beach Faith Based Community Development Corporation agrees to utilize the Rwxbr $100,tI00 rant payment for COVID-19 Rebound and Senior Care Program.In addition, periodic 1918-2OD7 updates nd i rang will be provided as requested by The Jim:Moran Foundation. Keturah J h,Boynton Beach Faith Based Community Development Corporation y cc_ Courtney Cain, Board President i i Sherry Johnson,Social Services Program Director [ zorr 1G JIM MORAN BOULEVARD, DEERFIELD BEACH,FLORIDA 33442 ; Phone: 954 429 2122 Fax: 954 363 68D1 www.jimmoranfoundatlon.or Page 337 of 1906 1923 THE JK-MR N Fp.NNE?-ATMN INC RAY OFMM L't24 Beach F4xith Bas Co unites veto malit = 70p,fl{lQ.ppCd 06rat f QnC _hundr thousand 80/100 .- - .. . NORTHERN TRUST FM . - CUA-19,.RebaMrad &- senior Ca7re i � °so °°° '_.°® �Q01g23�' • e. 6�009� �: 4 � ii455i� + 4a Aa� Page 338 of 1906 THE MWEIM FOUNDATION "THE FUTURE BELONGS TO THOSE WHO PREPARE FOR IT" June 18,2021 Board of Directors Ms. Keturah Joseph Executive Director jan Mean Boynton Beach Faith Based Community Development Corporation Comm 8adPresktent 2191 N Seacrest Boulevard Fotffe4 amcW Boynton Beach, FL 33425 Dear Ms.Joseph: Tom Blanton AssWmt Tteawrer On behalf of The Jim Moran Foundation,enclosed is a COVID response giant in the amount of Rmft alrt $40,000.00 to support the continuation of the Family Strengthening Program to help provide counseling and navigation for access to Federal relief funding through a dedicated,full-time case manager.Our grant is based on the current status of Boynton Beach Faith 113ased Community Melanie burgess Development Corporation as a public charity under sections 501(c)(3);and 809(a)(1)or 509(a)(2). Vne Prem Consequently,should there be any change to your tax status,you are=required to notify Asslstmsilffly The Foundation immediately. Execuffie arrector VVe understand the importance of creating cause awareness,as well as acknowledging partnerships invested in serving our community.Should this grant generate an announcement or Susan Etcher recognition(i.e.,press release,print or e-newsletter,logo usage,scxiial media,etc.), 1imsuw The Foundation respectfully requires prior review and„written approval.In such mentions, please D#ac or refer to us as The Jim Moran Foundation. For further assistance with your communications,or to begin the review and approval process,please contact ilisa Finkelman at 954-363-5550 or iliisa.finkeiman0limmoranfoundation.om Inv Knn_ Director Please sign and return this letter of commitment to me confirming that Boynton Beach Faith Based Community Development Corporation will comply with The Jim Moran Foundation's funding allocation and communications requirements. Luca Lopez arrector The Foundation's mission is to improve the quality of life for the youth and families of Florida through the support of innovative programs and opportunities that meet the ever-changing needs of the community,With this grant,we recognize the positive impact you are making by helping struggling individuals and families remain in their homes. Michael G.Neam,M.D. We= Sincerely, Melvin T.Stith,Ph.D. AmnGringarrww Attachment _^----------------------------- In accordance with The Jim Moran Foundation, Inc.'s funding and communications requirements �- stated above, Boynton Beach Faith Based Community Development Corporation agrees to utilize Iamanoryof the$45 00 grant for the Family Strengthening Program.In addition,periodic updates and Jim Moran im %repo .'a4will be provided as requested by The Jim Moran Foundation. Faurxier e Keturali Joseph, Boyson Beach Faith Based Community Development Corporation cc: Courtney Cain, Board Chair Sherry Johnson,Social Service Director i FOUNEL41TION 100 JIM MORAN BOULEVARD, DEERFIELD BEACH, FLORIDA 33442 Phone: 954 429 2122 Fax:954 363 6801 www.jimmoranfoundatiol.orgANNIVEIISAR' Y I Page 339 of 1906 p s{ i CH CD RR I R �t Q ® � o C-4 =r a a 00 ° r � r «. i 4 ,AyJOy eP'T W 5';U .® 04 to I ® Ln i c ru G° U ', O Ln t '0 cA ;;' 0 Z- ro En O Wa N W L P� iw O41 rd 1- I�� .00 mw a 0 m m Z� - ul LL. M Q�. � 0 I .0 ® � o ' ® ® z r#�' 0 041 4WO ; > 14 M N ' I II R - f Page 340 of 1906 I Boynton Beach Faith-Based Community Development Corporation,, Inc. The Faith Based CDC(FBCDC)is a 501c3 organization created in 1999 to promote financial revitalization of the community thru business and real estate ownership,provision of services,homeownership and improvement, by increasing homeownership opportunities, and develop and sustain partnerships to ensure that development is streamlined and resources are put to the most efficient use, increase homeownership with in fill housing to reduce slum, blight, &crime, improve and increase the delivery of social services to the residents of the Heart of Boynton neighborhood. JOB DESCRIPTIONS Executive Director Annual Salary, Full-time position $65,000-$110,000 depending on experience ! c c o u� NI U Ity A.The Executive Director is responsible to the Board of Directors for all activities related to the management, administration and operation of the Organization's programs and services, in accordance with the bylaws of the Organization. B.The responsibilities and compensation for the position of Executive Director are established by the Board of Directors and included in a written contract signed by the Executive Director. ll, ire ponsi ilffies, A.Administrative 1.The Executive Director oversees the administrative operations of the organization,including the day-to-day operation of the office,correspondence,and the development and maintenance of files and records. 2.The Executive Director recruits,trains,supervises and evaluates all paid staff(and volunteer staff as necessary in the absence of a volunteer coordinator).Job descriptions and salary ranges are subject to board approval and budget constraints.Any position not provided for within the approved budget is subject to board approval prior to the hiring of any individual to fill that position. Otherwise,the hiring of any paid staff member is the responsibility of the Executive Director,and all staff and volunteers report directly to the Executive Director unless otherwise stipulated. 3.The releasing of any employee after all policies and procedures for resolution has been exhausted is at the discretion of the Executive Director.The Executive Director shall approve all compensation packages with the Board of Directors and any legal opinion required by the board prior to termination. 4.The Executive Director recruit's representatives to serve on the Board of Directors;oversees maintenance of meeting minutes and records of service; prepares agendas for monthly,annual,and special meetings; prepares Executive Director's reports and related correspondence;and prepares notices of termination of service as determined by policies set by the Board of Directors. 2191 N 5eacrest Blvd Post Office Box 337 Boynton Beach,FL 33425 Phone: 561-752-0303 Fax: 561-2445046 __.. ,. i na : .cr &�wrtc ao Aonassistance.pn Page 341 of 1906 S.The Executive Director recruits' representatives to serve on the Advisory Committee, prepares agendas for committee meetings,oversees maintenance of meeting minutes and records of service, and performs other related responsibilities as determined by policies set by the Board of Directors. 6.The Executive Director works with the Treasurer and any financial or budget committee to develop the annual budget for the organization prior to the beginning of each fiscal year,develops an annual fundraising strategy with the Board that assures adequate revenue to sustain operation of the organization,ensures proper fiscal accounting and controls in accordance with the guidelines of funding sources and with sound accounting practices,and maintains the fiscal solvency of the organization. B.Coordinative 1.The Executive Director coordinates with other nonprofit and for-profit organizations,government agencies, businesses,and other entities regarding the mission and activities of the Organization. 2.The Executive Director maintains a multi-disciplinary working relationship with local, county, regional,and state agencies to develop and support programs, legislation,and collaborative activities that are consistent with the mission of the Organization and further its goals and objectives. 3.The Executive Director promotes cooperation among the member congregations of the organization through participation in the programs and activities of the organization. C.Programmatic 1.The Executive Director oversees the development and implementation of the programs of the organization,according to the guidelines established by the Board of Directors. 2.The Executive Director oversees the planning,coordination,and evaluation of all fundraising and other events sponsored by the organization. 3.The Executive Director reports periodically to the Board of Directors on the functional and financial status of all programs, program initiatives and program planning,and presents a written year-end report to the Board at the annual meeting of the organization. D.Developmental 1.The Executive Director oversees planning and development of individual programs and budgets, implementation of programs,and grant preparation,compliance,and reporting,and develops program evaluation and tracking procedures with staff,working collaboratively with the program director and relevant staff and/or volunteers. 2.The Executive Director works with the Board of Directors and the Advisory Committee in the areas of strategic planning and board development to provide for long-range planning and visioning for the organization,including assessment of programs in partnership with staff members and the Board of Directors. 3.The Executive Director ensures that the personnel policies of the organization are adhered to in all hiring and employment practices, proposes changes in policy to the Board of Directors,and provides for staff development activities that upgrade employee skills and motivate performance, 4.The Executive Director research new funding sources,supervises donor campaigns and fundraising events,and meets with funders and prospective donors in collaboration with Board members and marketing staff. E.Public Information and Outreach 1.The Executive Director serves as the spokesperson for the organization, is the primary point of contact for the organization with the media,and reviews and approves all informational materials 2191 N Seacrest Blvd Post Office Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-244-5046 , .bovnionla ., r. &. w.hearto Ki r: ist n a Page 342 of 1906 related to the organization and its activities prior to their distribution or publication, including press releases, newsletters, brochures,and reports 2.The Executive Director oversees the development, updating and distribution of publications and public information materials on the mission, programs,and activities of the organization. 3.The Executive Director oversees the presentation of information on the organization and its programs and activities to interested groups and organizations. Qualifications: • Transparent and high integrity leadership • Advanced degree,five or more years senior nonprofit management experience • Solid, hands-on, budget management skills, including budget preparation, analysis, decision- making,and reporting. • Strong organizational abilities including planning,delegating, program development and task facilitation. • Ability to convey a vision of the Boynton Beach Faith Based CDC, Inc.'s strategic future to staff, board,volunteers and donors. • Knowledge of fundraising strategies and donor relations unique to nonprofit sector, excellent grant writing skills • Skills to collaborate with and motivate board members and other volunteers. • Strong written and oral communication skills • Ability to interface and engage diverse volunteer and donor groups. • Demonstrated ability to oversee and collaborate with staff. • Strong public speaking ability • Knowledge,Experience,or Background in Construction and Housing Development The FBCDC is an equal opportunity employer and does not discriminate anyone because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. 2191 N 5eacrest Blvd Post Office Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-2445046 Page 343 of 1906 Keturah T. Joseph 846 Gazetta Way,West Palm Beach,FL 33413 Home Phone:(561)228-1143 Cell:(561)309-8084 Email:kjosephl6@gmail.com Professional Profile ■ Over 26 years of management experience within diverse environments Seasoned affordable housing professional ■ Over 25 years of experience in developing, planning,implementing and directing housing and community development programs ■ Over 21 years of real estate sales experience ■ In-depth knowledge of federal regulations of CDBG, HOME, NSP and State(SHIP)housing programs ■ Able to effectively and positively deal with government officials as well as private clients and consultants Sound knowledge of mortgage lending criteria and experience in credit analysis,and underwriting ■ Solution-focused and results driven with prove ability to meet programmatic and budgetary requirements ■ Strong leadership,organizational and communication skills PROFESSIONAL EXPERIENCE 2008 -Present Executive Director Boynton Beach, FL Boynton Beach Faith Based Community Development Corp Position entails managing every aspect of the operations of two non-profit community development organizations. Provide project planning and real estate development assistance with a primary focus on community redevelopment in low and moderate income neighborhoods. Developed, launched and manage the City of Boynton's NSP program that involves property analysis and acquisition, rehabilitation and resale. Oversees the agency's first-time home buyers program, Licensed Real Estate Sales Agent West Palm Beach, FL 20+ years of real estate sales and development experience, including contract negotiations. Interact with sellers, lending professionals, attorneys and appraisers to negotiate real estate sales. Facilitate total sales process from inception to closing providing continual follow up to all parties to ensure timely closings. 1999 -2008 Manager Palm Beach County Department of Housing &Community Dev. West Palm Beach, Fl_ Managed the County's Affordable Housing programs that assisted more than 200 families annually. Responsibilities included development, coordination and implementation of all affordable housing programs and policies.Administered State$10 million SHIP, and Federal HOME $3 million housing program funding. Served as resource person to for-profit and non-profit housing developers, public housing authorities and other non-profit organizations. Reviewed all funding requests, recommended funding approval or denial. Served as compliance manager ensuring conformity with state, federal and county regulations. Acted as liaison with auditors, monitors and other regulatory agencies. Supervised staff of 15. Keturah T. Joseph Page 344 of 1906 Professional Experience Page Two 1998-1999 Program Manager Lake Worth, FL Lake Worth Community Development Corporation Developed, directed and managed the agency's affordable housing program. Provided technical assistance to applicants, conducted homebuyers workshops, reviewed clients' application to determine program eligibility credit worthiness. Identified, evaluated, negotiated and recommend vacant land for purchase. Worked with lending agencies to secure public and private mortgage funding for applicants. 1996-1998 Residential Lending Consultant West Palm Beach, FL Community Financing Consortium Developed relationships with clients, housing officials, real estate professionals and community partners to cultivate new business opportunities and maintain productive relationships. Reviewed clients'financial documents, budget and credit to determine creditworthiness. Negotiated, originated and structured loans. Interacted with community partners to induce and increase productivity. 1996-1998 Area Director South Bay, FL Centro Campesino Farmworker Center, Inc. Managed the day to day operation of the Glades area office. Duties included site acquisition, construction supervision and management, contract negotiation and financing of the agency's affordable housing program in a tri-city area. Created special partnerships with financial institutions, community development corporations and government agencies to provide reduced cost mortgage loans and subordinate debt and equity to non-traditional home buyers.Ensured compliance with grant program funding. Supervised all housing program staff. 1990-1995 Program Director Belle Glade, FL NOAH Development Corporation Managed every aspect of the organization that included all management decisions, program development and implementation, developed operational budget and overall operations. Managed staff of 21. EDUCATION Pursuing dual MSA and MPA degrees at Nova South Eastern University, Ft Lauderdale, Florida Bachelor of Business Administration Florida Atlantic University, Boca Raton Florida Gold Coast School of Real Estate, Licensed Real Estate Agent References furnished upon request Page 345 of 1906 I Boynton Beach Faith-Based Community Development Corporation, Inc. The Faith Based CDC(FBCDC) is a 501c3 organization created in 1999 to promote financial revitalization of the community thru business and real estate ownership, provision of services, homeownership and improvement, by increasing homeownership opportunities,and develop and sustain partnerships to ensure that development is streamlined and resources are put to the most efficient use,increase homeownership with in-fill housing to reduce slum, blight,&crime, improve and increase the delivery of social services to the residents of the Heart of Boynton neighborhood. ,lob Description Administrative Assistant Annual salary,full-time position. tbd on experience 1. Accauraa ility A.The Administrative Assistant is responsible to the Executive Director for all activities related to the management, administration and operation of the organization's programs and services, in accordance with the bylaws of the organization. B.The responsibilities and compensation for the position of Administrative Assistant are established by the Board of Directors and included in a written contract signed by the Administrative Assistant. 11, R pf rrsib llfi4es A. Administrative 1.The Administrative Assistant assists the Executive Director with the administrative operations of the organization, including the day-to-day operation of the office,correspondence,and the development and maintenance of files and records. 2.The Administrative Assistant helps in the preparation of all documents, maintenance of all files required in the recruitment,training,supervision,and evaluation all paid staff(and volunteer staff as necessary in the absence of a volunteer coordinator). 3.The Administrative Assistant assists the Executive Director with maintenance of meeting minutes and records of service; prepares agendas for monthly,annual,and special meetings; prepares reports and related correspondence; and prepares notices of termination of service as determined by policies set by the Board of Directors. 4.The Administrative Assistant works with the Program Directors,Grant Writing,Treasurer,and Executive Director in the preparation of any financial budgets to develop the annual budget for the organization prior to the beginning of each fiscal year. 5.The Administrative Assistant assists with fundraising events and strategies with the Board as requested. B.Coordinative 1.The Administrative Assistant coordinates with other nonprofit and for-profit organizations,government agencies, businesses,and other entities regarding the mission and activities of the organization. 2.The Administrative Assistant maintains a multi-disciplinary working relationship with local,county,regional,and state agencies to develop and support programs, legislation,and collaborative activities that are consistent with the mission of the organization and further its goals and objectives. 3.The Administrative Assistant promotes cooperation among the staff and various programs of the organization through participation in the programs and activities of the organization. 2191 N 5eacrest Blvd Post Office Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-244-5446 kgy!Ac l eachc .orv,, & . ..L artofb1��vnton ssi nr ori; Page 346 of 1906 C Programmatic 1.The Administrative Assistant assists the Executive Director with the development and implementation of the programs of the organization,according to the guidelines established by the Board of Directors. 2.The Administrative Assistant assists the Executive Director with the planning,coordination,accounting,and logistics of all fundraising and other events sponsored by the organization. 3.The Administrative Assistant reports periodically to the Executive Director on the functional and financial status of all programs, program initiatives and program planning,and assists with a written year-end report to the with the Executive Director at the annual meeting of the organization. 2191 N 5eacrest Blvd Post Office Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-244-5046 Tb ,wnton . rrx&www.heartuffiqf Page 347 of 1906 D. Developmental 1.The Administrative Assistant assists the Executive Director with planning and development of individual programs and budgets, implementation of programs,and grant preparation,compliance,and reporting, and develops program evaluation and tracking procedures with staff,working collaboratively with the program director and relevant staff and/or volunteers. 2.The Administrative Assistant works with the Executive Director in the areas of strategic planning and board development to provide for long-range planning and visioning for the organization, including assessment of programs in partnership with staff members and the Board of Directors. 3.The Administrative Assistant maintains all personnel files and ensures that the policies of the organization are adhered to in all hiring and employment practices,suggest changes in policy to the Executive Director Board approval, and recommendations to the Executive Director for staff development activities that upgrade employee skills and motivate performance. 4.The Administrative Assistant assists the Executive Director with all donor campaigns and fundraising events. E, Public hn,,,,foY'rn,,,at'Ion and Outreach 1.The Administrative Assistant maintains all records of the organization,serves as a liaison of the organization and the executive director as a point of contact forthe organization with the media,and reviews and all informational materials related to the organization and its activities prior to their distribution or publication, including press releases, newsletters, brochures, and reports. 2.The Administrative Assistant assists the Executive Director with the development,updating and distribution of publications and public information materials on the mission,programs,and activities of the organization. 3.The Administrative Assistant assists the Executive Director with the presentation of information on the organization and its programs and activities to interested groups and organizations. VaIllued Oacre sties. 1.Work effectively in a team environment,assisting other employees as needed. 2. Capture and update information needed for generation of reports,&annual reports to the Board of Directors. The FBCDC is an equal opportunity employer and does not discriminate anyone because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. 2191 N Seacrest Blvd Post Office Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-244-5(46 www.boynionbeachodc.orci,&www.heartofbontonassistance.a Page 348 of 1906 Boynton Beach Faith-Based - Community Development Corporation, Inc. 2191 N Seacrest Blvd Post Office Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-2445046 Www bo ntonbeachc&—or The Faith Based CDC(FBCDC)is a 501c3 organization created in 1999 to promote financial revitalization of the community thru business and real estate ownership, provision of services,homeownership and improvement, by increasing homeownership opportunities,and develop and sustain partnerships to ensure that development is streamlined and resources are put to the most efficient use, increase homeownership with in-fill housing to reduce slum, blight, &crime, improve and increase the delivery of social services to the residents of the Heart of Boynton neighborhood. JOB DESCRIPTION CASE MANAGER FAMILY STRENGTHENING COVID-19 Relief, Recovery, Rebound 40 hrs/wk Salary Range$17/hr to$21/hr $34,680-$42,840 The Case Manager will provide Housing Counseling Services to owners &tenant households suffering negative financial impact from the COVID-19 pandemic. Housing counseling services are intended to assist in stabilization of residential housing situations to prevent loss of residence to eviction/foreclosuers. The Case Manager will work with Heart of Boynton Clients that are referred by City, County, PBC 211 Crisis Line, and the Homeless & Housing Alliance to access Prevention/Rental Assistance Programs operated by PBC's Community Services Department (CSD) and the City of Boynton Beach as well as partner agencies access to FEMA Phase 38 Rent and Utility funds, local foundations and donations, as well as congregational discretionary funding, plus others to provide: o Financial counseling and assistance with budgetingto bridge financial crisis. o Credit counseling to mitigate negative impact on credit score. o Assistance to tenant,as needed, by negotiating with landlord -Tenant/landlord counseling. o Referrals to community resources to meet basic needs, o Assistance with on-line applications for SNAP, Medicaid, Medicare,SSI/SSD registrations, Healthcare Applications, plus others. o On-line applications for unemployment and EmployFlorida Registrations referrals to PBC Career Source. o Job Placement Assistance and referrals to Job Training Programs to re-tool to change Page 349 of 1906 employment industries. o Credit Counseling and referrals for credit repair o Assist with I} C's on-linea lications for OSSCARS and ERA funds as well as LIHEAP& EHEAP Applications for seniors, and the City of Boynton each emergency funds and resources for housing repairs, plus others. o As part of the HHA Continium of Care,we have access to assist with applications for Emergency Housing Vouchers,which requires us to provide case management. Service parameters: Assistance will be provided for on a first come first serve basis. Housing counseling services shall be conducted one-on-one or in group sessions with client households, and may be offered in-person, or remotely via telephone or via video conferencing software. To accommodate those unable to attend personal sessions,staff may provide virtual counseling sessions so clients will be able to receive the counseling services via the technology available. Assist each client with a budgeting plan, as on it specific household income and expenses.At a minimum,the plan should include guidance on how to reduce expenses,which would help them bettera or and manage their existingdebt. Each clients ould be given the opportunity to share their credit concerns and provided with guidance on how to improve their credit going forward. Provide the Client with a Certificate of Completion including the agency's name, the Client's name,and the date/s the counseling services were provided. Staff will be required to maintain property client documentation in a secure manner according the FBCDC's policies and procedures. Staff should be familiar with and able to assist with applications for Unemployment, SNAP benefits, PBCis OSCARSS portal, and the CMIS portal, as well as, additional state, local and federal government applications as identified. Participate in any mandatory training and technical assistance required to secure program funding. Establish and maintain a client file for each household assisted. A record of counseling services provided,including dat ) of service; agency staff providing service;description of service provided; method by which service was provided;client household members participating;and referrals to any other community resources. Keep a to of the agency's communications with client households, lenders/servicers,or landlords. Provide follow-up record of client housing outcome at three (3) and six (6) months from the date of initial counseling service. Knowledge,skills, and abilities * Knowledge of program management * Knowledge of client groups and/or issues related to the program area. Page 350 of 1906 Proficiency in the use of computers for: • Word processing • Simple accounting • Databases • Spreadsheets • E-mail • Internet Personal characteristics The Case Manager should demonstrate competence in some or all the following: • Behave Ethically: Understand ethical behavior and business practices and ensure that own behavior and the behavior of others is consistent with these standards and aligns with the values of the organization. • Build Relationships: Establish and maintain positive working relationships with others, both internally and externally,to achieve the goals of the organization. • Communicate Effectively:Speak, listen,and write in a clear,thorough, and timely manner using appropriate and effective communication tools and techniques. • Creativity/Innovation: Develop new and unique ways to improve operations of the organization and to create new opportunities. • Focus on Client Needs:Anticipate, understand,and respond to the needs of internal and external clients to meet or exceed their expectations within the organizational parameters. • Foster Teamwork:Work cooperatively and effectively with others to set goals, resolve problems, and make decisions that enhance organizational effectiveness. • Lead: Positively influence others to achieve results that are in the best interest of the organization. • Make Decisions:Assess situations to determine the importance, urgency,and risks,and make clear decisions which are timely and in the best interests of the organization. • Organize: Set priorities,develop a work schedule, monitor progress towards goals,and track details,data, information,and activities. • Plan: Determine strategies to move the organization forward,set goals,create,and implement actions plans,and evaluate the process and results. • Solve Problems:Assess problem situations to identify causes,gather and process relevant information,generate possible solutions, and make recommendations and/or resolve the problem. The FBCDC is an equal opportunity employer and does not discriminate anyone because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. Page 351 of 1906 Sharon Frew Boynton Beach, FL Authorized to work in the US for any employer Work Experience Executive Director/CEO NON PROFIT ORGANIZATION - Boynton Beach, FL May 1999 to Present • Grant Writing • Fundraising • Donor Development • Accounting/Quickbooks • Human Resources& Payroll Management • Programmatic Development including Culinary Incubator • Marketing, website development,social media management • Office Suite,Word, Excel, Power Point • Catering Experience, Food Manager's License • Organic Gardening & Nutrition Education Education Banking Cash Management in Accounting and Bank Management Banking Institute of America -Local Broward College- Fort Lauderdale, FL 1970 to 1982 Associate in Secondary Education Western Michigan University- Kalamazoo, MI September 1964 to April 1968 Associate in Secondary Education - Math Teacher Kalamazoo, MI Skills • Budgeting (10+ years) • Microsoft Powerpoint(10+ years) • Marketing (10+years) • Microsoft Word (10+ years) • Strategic Planning (10+years) • Retail Sales (10+ years) • Training (10+years) Page 352 of 1906 Links http-sj jwwvv.11nk,ed!R cq�nj A---J- bn Ce rtificatio ns/Licenses ............. Food Manager Certification May 2009 to Present Page 353 of 1906 -Based Boynton Beach Faith Community Development Corporation, Inc, The Faith Based CDC (FBCDC)is a 501c3 organization created in 1999 to promote financial revitalization of the community thru business and real estate ownership, provision of services, homeownership and improvement, by increasing homeownership opportunities,and develop and sustain partnerships to ensure that development is streamlined and resources are put to the most efficient use, increase homeownership with in-fill housing to reduce slum, blight,&crime, improve and increase the delivery of social services to the residents of the Heart of Boynton neighborhood. Job Description Senior Caregiving Program Coordinator Annual Salary,Full-time,tbd on experience Position Overview: The Program Director will be responsible for the operational success of the Senior Caregiving Program. Ensures seamless team management and development, program delivery,and quality control and evaluation. Responsible for volunteers including recruiting,training,scheduling,and coordinating.The Program Director will be a key external face of the BBFBCDC in the community. Reports directly to the Social Service Program Director. Supervises all program related staff to complete daily scheduled assignments,tasks,and routes necessary to implement the day-to-day operation of the Senior Caregiving Programs which includes the following: Fresh Produce, Internet Technology& Training,Home Delivered Meals Program,and Social Activities. Responsibilities: • Delivery of meals to frail and elderly shut ins. + Delivery of FREE vegetables according to route assigned. • Planning of social and educational events for senior clients • Transportation of seniors to and from scheduled social activities. • Shopping for,transportation of, and storage of food and produce products necessary to the preparation of meals and delivery of produce. • Assist clients with simple"Honey Do"issues and report directly to supervisor any client needs that are requested or observed as necessary to the safety and well-being of the client. + Additional duties as required. Administrative: • Provide accurate records of all client files. • Maintain &update records as required per contractual agreement. • Provide timely reports as required. • Assist with the set-up and clean-up necessary with each activity. • Maintain a good driving record and valid driver's license. • Any other tasks as deemed needed by the supervisor. 2191 N Seacrest Blvd Post Office Box 337 Boynton Beach,FL 33425 Phone: 561-752-0303 Fax: 561-244-5046 Page 354 of 1906 Qualifications: • Must have good communication and social interaction skills with patient,and caring attitude for the elderly and disabled. • Must also have a clean driving record and be able to read maps and/or GPS systems. • Must be able to read,write,speak English fluently,and keep careful records. Fluency in Spanish or Creole highly desired. • Must be able to lift a minimum of 50 pounds bachelor's degree or equivalent experience. • Experience working with volunteers. The FBCDC is an equal opportunity a Coyer and does not discriminate anyone because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. 2191 N Seacrest Blvd Post office Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-244-5046 Page 355 of 1906 �u 1 Michelle C. Davis lu 504 W, rry, Lantana, 62 l Phone(561)275-0379; Email m yah )) Case Manager,Cornnumity Caring Increases public knowledge of local and county resourcesandservices- * Collaborates other agencidresssic needs of low income families o Provides direct services to local families in a area in an effort to address the root causesof poverty Coordinates nutritional ilie in need through the center's n Teacher, Palm Beach County School District Taught 61 and r grade Social Studies/Geography to studentsn id School Responsible r the ateffare and leaming activities of 15-20 students in rotating periods Responsible for lesson planning and engaging studentstheir families Site Supervisor,Juvenile n " e tpreparation f meals r e summer food program Maiintained for Rae welfareand teaming activities of 15-20 err in rotating periods Trained and ensured that Safts Senrguidelines re followed for the proper safety and sanitation of food delivery Ek#thune Cookman University, r 1979 Florida Atlantic wive . , Continuing Education Courses, Ongoing VQ,LVNTEER.EXPERIENCE 'Faith In ` n", recruft,trains,and supports caringvolunteers help their frail and elderlyneighbors ugh friendly relationships. , Community Caringter of Greater Boynton Beach,coordinatespantry activities including drivin the 'Vegigie,Mobile' deliver ` and vegetables to low income families. • "Feed and Cse'through Greater St. Paul AME Church, and deliver hash mealsI families in need. 1 Democratic ve Commillee of Palmah County, Zone leader responsibler acffmting the precinct I der to encourage voters t participate in local, , and i nationalelections. r Partnership a i,„ i Legal n Vote f Pala h n r e restoration f F4� r i h . Member of the Board of Directors for the City of Boynton Beach Democratic Club. a Cook and serve breakfast for"Green eta ret Garden Cafe whose profits are used to fund the' In Action"initiative assists in keeping a diverse population circulating into the cafe- Page 356 of 1906 � GUSDPOLANCO Boca Raton,FL 561-305'1627 po|ancoauQustin@gnaD.com � . pmorssswoNxL COOK 1Fith over 10+years'.experience working in 5 Star/S Diamond restaurants,specializing in kosher/international cuisine ' | | � CwREuxEwm'HS | Bilingual:English,Spanish International Cuisine Preparing,Seasoning,Cooking Rotate Stock,Manage Inventory Organized, Dedicated Creative,Innovative,Responsible Proven Leader and Trainer Cooperative Team Player Follow Menu and Recipe Instructions Operate all Commercial Cooking Trustworthy,Ethical,Loyal Garnishing,Oneseruationo7Food Equipment pn||mm Kitchen Standards Soups,Meats,Vegetables, Desserts EMPLOYMENT Coo k,THE GR|DGES,Boca Raton,FL z0-1s'Current ° Create daily specials based uncustomer preferences hu/|vnchand dinner,following dietary restrictions ooneeded = Train staff to follow food preparation,seasoning,presentation and serving guidelines ° Determine quantities of food needed for the week Ad for special events;order new supplies asneeded while staying within budget � . Sous Chef,aEN'sNYKOSHER REurxURAmT/DEL|(ATESSsN,.BpcaRaton,FL 2013-2016 * Prepared kosher meals for clients following direct supn * Supervised 9 cooks and prep cooks to ensure food qv'ality and company standards were followed * Took orders and cooked meals for catered events Line Cook,FOOD SERVICE PROFESSIONALS,ovyntuhBeach,FL 2012-2012 w Followed recipes,portion controls and presentation specifications asset byrestaurant • Responsible for organizing kitchen and�nyuhngsafety role are followed Sous Chef, BACK STREET GRILL, Boca Raton,FL - 2010'2012 • Directly supervised and coordinated activities of 7 cooks I n preparing and serving food • Ordered fresh products,supplies,keep inventory,pr\ceMenu items- Line Cuuk,xxm3G|ANOS|TxuxmnssTAURAmTS,gucanaton,pc 2008'3010 ° Ordered supplies,kept records and accounts,priced Items nn menu ° Prepared,seasoned,and cooked soups,meats,vegetables,desserts in restaurants OTHER EMPLOYMENT STOmsBR|DG5COUNTRY CLUB ` Line Cook Boca-Raton, rl- BOC^VV0OoS COUNTRY CLUB Line Cook Boca Raton, FL vvvCUFpE GOLF&COUNTRY CLUB Line Cook Boca Raton,pL EDUCATION,TRAINING&CERTIFICATES High School General Equivalency Degree(GED),Boca Raton,I) iL South Technical Education Center,Boynton Beach,FL-Cuilinaty Art SafeServe South Technical School Page 357Of1906 6.C. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-092- Rescind resolution R20-059 and approve First Amendment to the CDBG Annual Action Plan FY 2019 for CDBG Cares Act allocations 1 and 3. Explanation of Request: The City of Boynton Beach has been allocated a combined total of$911,184 in additional CDBG funds under the CARES Act to provide citizens with supplemental funds for the prevention of, preparation for, and response to coronavirus impacts. The City's Financial Services Department, through the Community Improvement Division, manages the CDBG Program and will administer these additional resources. The City of Boynton Beach was awarded two rounds of funding from HUD in the following amounts: CDBG-CV Round 1 - $351,815 CDBG-CV Round 3- $559,369 The City is required to amend its current Consolidated Plan and Annual Action Plan to receive these funds and must follow the federal regulations of 24 CFR Part 91.05(c)(2) regarding citizen participation and all applicable waivers and flexibilities made available under the CARES Act. How will this affect city programs or services? Originally the City Commission allocated the Round#1 funding of$351,815 accordingly: 1) $51,000 to retrofit city buildings to install hands free door openers, sliding doors, etc. to help prevent the spread of Covid-19; 2) 20% for administrative costs and 3) the remainder to a Small Business Grant Program. Due to the a)dreme difficulty of HUD requirements, we found many of our small businesses were unable to provide the required documentation to meet the eligibility requirements. Therefore, the City is proposing to re-allocate these funds to the following eligible activities which directly respond to Coronavirus. In order to do so we must rescind the original Resolution and adopt the amendment to the Action Plan: Emergency Rental Assistance $370,645 Public Services/Food Distribution $358,303 Planning and Administration $182,236 Activities and Implementing Partners: Boynton Beach Faith Based Community Development - will provide intake/application services and coordinate a rental assistance program and ensure the eligibility of all households participating in the program. Payments will be made directly to landlords on behalf of the approved households. The city will award $370,645 under a sub-recipient agreement for these purposes. Approximately 70 households will receive a grant of up to three months of rental assistance. Feeding South Florida — assistance will be provided to this organization to address the increased need for food distribution through locations within Boynton Beach. The city will be provided funding in the amount of Page 358 of 1906 $358,303 for increased costs for food distributed to households impacted by coronavirus. More than 3,000 persons/households received food items through these efforts. Fiscal Impact: Non-budgeted The City of Boynton Beach's CDBG Cares Act allocations 1 & 3 FY 2019 is $911,184, of which $182,236 will be expended to administer the CD BG Cares Act program. Alternatives: None Recommended Strategic Plan: Building Wealth in the Community Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes G rant Amount: $911,184 Attachments: Type Description D Attachment Feeding South Florida Application D Attachment CDBG FY 2019 Annual Action Plan CARES Act Amendment Attachment Boynton Beach Faith Based CDC Funding Application Page 359 of 1906 i v 71H r Hfq COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING APPLICATION CDBG-CV FOR INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON DEPARTMENT OF DEVELOPMENT COMMUNITY IMPROVEMENT DIVISION 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: 561-742-6359 RJ Ramirez Community Improvement Program Manager Email: ramiregrLftbRus Page 360 of 1906 Agency Name: Feedin South Florida Project: Feeding Boynton Beach APPLICATION Submit: X Application is signed and dated. By Director, and Board Chairperson X 501(c) (3) Determination Letter X Board Member list. i X Copy of latest audit. X All funding sources for this project identified. I ADDITIONAL ATTACHMENTS __ ........ .... X Attachment 1 i Agency Articles of Incorporation and Agency By-laws ... ( } .. —------- X ( F . X Attachment 2 Copies of current licenses needed tooperate if applicable to the funded activity) ..,. __....._ .. X Attachment 3 Oasis Documentation/Information to determine Low-Moderate- i Income clientele/Number of clients served X Attachment 4 Detailed budget showing unfunded pounds, total pounds and other funding sources CDBG-CV Funding Application Page 361 of 1906 CDBG-CV Funding Request A. GENERAL INFORMATION 1. Name of Applicant: Feedin South Florida _X_ Non-profit Neighborhood Association For-Profit CHDO (Provide copy of your IRS ruling providing tax exempt status under Section 501(c)(3)of the 1986 IRS Code if you are a non-profit) 2. Name of Project: Feedinp Boynton Beach 3. Area or Location of Project: Cate of Boynton Beach 4. Contact Person/Title: Francisco Velez (Preferably Pres./Director) Email Address: pv�lez ?feedinsouthflorida.ori' Additional Contact Person/Title: Sari Vatskeh Executive Vice President (Preferably Person responsible far preparing reports) Alternate Email Address: svatskel feedingsouthfiorlda.o of Mailing Address/Zip; 49,25 Park Ridge Blvd,. Boynton Beach 33426__ Telephone: 954.518.1839 Fax 5. Grant Request Activity Area: X Public Service Homeless Prevention Services Public Facility Other Public Safety/Crime Prevention Economic Development Senior Services Youth Programs 6. CDBG-CV: (a) Total CDBG-CV Funds Requested $358,303 (b) Total Unduplicated Clients Served Minimum 3,045 (Explain how determined?) UsInfi.Oasis CaseManagement Software, FSF and its partnera:encies cpnduct_ intake on household demoraihics including the number of people served. , �.N - (c) Average Cost Per Client: Each pound of food distributed cost FSF an avererage of .11 cents. Because of the variable amount of food provided to each client and frequency of use„ du„plicates', it's hard to determine the exact cost per unicue fundulicated'i client. CDBG-CV Funding Application Page 362 of 1906 7. Could this project occur without these funds? X Yes No Note:This is a reimbursed project that already occurred. Due to the 200%increased need because of the COVID-19 pandemic, Feeding South Florida expended emergency resources that require replenishment for future operations. 8. Will this project continue after our funding ends? X Yes No Feeding South Florida's mission is to provide immediate access to nutritious food and we will therefore continue our mission.The frequency of distributions and amount of food will vary based on funding levels. B. PROPOSED PROJECT: Project Description: Concisely describe your project. This description will be used in future publications should your application be approved. Limit to four sentences. Throughout the COVID-19 pandemic, Feeding South Florida (FSF)coordinated national, state and local resources and stakeholders to support 800 community partners, including the City of Boynton each (the City), eight nonprofit partner agencies located within the City and direct service to City families, In the City alone, FSF distributed 4,446,495 pounds of food,3,055,664 of which were not covered by other funding sources;this output represents more than double the amount in the prior year's distribution. Through weekly drive-thru distributions in partnership with the City, and via direct deliveries to nonprofits and households, FSF supported a minimum of 3,045 unique low-moderate income (LM I) households from March 2020—May 2021. C. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how thea ency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the CDBG-CV funds are proposed to be used. (Attach additional sheets if necessary) FSF distributed 4,446,495 pounds of food to the City of Boynton each via drive-thru distributions, its network of 8 nonprofit partners in the City,and directly to residents of the City via home delivery programs—this represents an increase of more than double the pounds distributed the year prior.The food distributed included fresh produce, protein,dairy and shelf-stable items. Food insecurity is an early indicator that a household is sliding into poverty and potentially homelessness. Our clients often survive on limited budgets and are confronted with choices between paying for food and paying for other essentials.These dilemmas put households in the position of choosing between competing necessities. As told by the most recent US Census Household Pulse Survey (week 30—data collection period between May 12-24, 2021), here's where families in the South Florida metro-area struggled in the previous seven days. 15.8 percent expected loss in employment income;7.4 percent experienced housing insecurity; 12 percent experienced food scarcity;26 percent faced the likelihood of foreclosure or eviction;31.3 percent had difficulty paying for usual household expenses. Across all indicators, except for the imminent likelihood of eviction or foreclosure which is still stunningly high at 26 percent, South Florida is seeing rates higher than the national average. While the aggressive roll-out of the vaccine gives us hope for the future,South Florida families are struggling and will continue to face challenges for any months and years to come. CDG-CV Funding Application Page 363 of 1906 Throughout the pandemic, FSF coordinated with Feeding America, Feeding Florida,government agencies,school districts, county governments and community partners to deploy food resources; supported the sourcing and distribution costs of food distributed through 800 community partners;and worked with community stakeholders to recruit volunteers to support our distributions. Perhaps most memorable from this period have been our drive-thru community distributions hosted in partnership with municipalities like the City of Boynton each. In addition to these highly visible events, we also continued to distribute food through our network of nonprofit partners, eight of which are located in Boynton Beach. Our programming is targeted at communities that present the following indicators: • High food insecurity rate (data is provided to Feeding South Florida by Feeding America) • Percentage of the population at or below 185 percent of the Federal Poverty Level • Percentage of households who are eligible for governmental benefits such as Free) educe Price Lunch, Medicaid,TCA, and SNAP • The existence of food deserts as identified by the USDA To ensure we are targeting our efforts effectively, Feeding South Florida and its partner agencies use Oasis Insight for client data management.This web-based client intake and reporting database allows us to simplify and expand the way we track distributions, client activity and report on programs. To capture data at our COVID drive-thru distributions we began using a voucher system where, prior to entering the "drive-thru"the clients are given a voucher.The voucher requests relevant household data and at the end a volunteer collects the voucher, and the data is entered into our client tracking system by volunteers.According to data generated by Oasis,99.1 percent of our clients in Boynton each are considered LMI, 92 percent of whom reported under$20,000 income. Explain how this program fits with your mission. As a food bank, FSF is a central source and clearinghouse for rescued food. We are focused on the logistics of food procurement and its equitable,safe redistribution to the members of our community who are food insecure—meaning they don't know from where they will get their next meal.Simply put, food distribution is our mission.The funds requested are in direct support of our mission. How will it impact your current operation? The COVID-19 panda is presented FSF, and the South Florida community,with unique challenges that required us to continuously adapt to changing circumstances while seeing a sharp increase in demand for our services.The economic impact of the panda is was devastating for our region which relies heavily on tourism and hospitality fore loyent; nearly 40 percent of those seeking our services did so for the first time. The pandemic shifted our food distribution model from typically distributing food through other nonprofits,to a direct-service model that ensured maximum health safety in the for of drive-thrus. With nearly 40 percent of our nonprofit network closed at any given time due to health scares and lack of volunteer support, and the inability of our network to handle the increased amount of perishable items, FSF created 40 weekly drive-thru distributions in partnership with municipalities, including the City of Boynton each.The increase in pounds from 70 million in 2019 to 176 million in 2020 required an increased investment in warehouses ace,fleet, personnel and equipment. Although FSF was fortunate to receive the in-kind support of many wonderful logistics partners, and CDG-CV Funding Application Page 364 of 1906 financial support from many generous donors, FSF had to dip into its emergency funding to immediately respond. From multiple hurricanes in 2017,to the government shutdown in 2018 and the pandemic in 2020, FSF must be prepared at any moment to respond to families who need us most. How est i rogram relate tote Consolidated Plan Priority? FSF's food distribution falls in the Supportive Services/Social Services category of the Consolidated Plan. Hunger is a symptom of a larger systemic breakdown and does not exist in isolation. For example, those experiencing housing challenges often experience hunger and have an overall household food budget shortfall. When L households are faced with difficult tradeoffs like paying for rent or paying for utilities,food isoftentimes sacrificed and unhealthy copying mechanisms are employed, which lead to health complications and income loss or interference with school performance. That's why in addition to food distribution, FSF aims to break the cycle of hunger and poverty with workforce training programs and assistance with enrolling L individuals in benefits assistance programs. However, providing immediate access to nutritious food is the first step toward ensuring a household's needs are met. Does this program serve a targeted neighborhood,who is the targeted population (at least 70%of the City's CD8G-CV funds must directly benefit our low and moderate-income citizens)? Yes. Over 90 percent of those served by Feeding South Florida are classified as LML During the pandemic,we saw the need for our services more than double. In fact,approximately 40 percent of those who relied on our services did so for the first time. While their household income might have been higher than the federal poverty level, a complete loss of income immediately created an ILMI crisis, Will Program Income be generated from this activity? Revenue was not generated from food distributions. No organization and no person in need ever pays for food assistance. Where will the Program take place? FSF's food distribution program provides food for all of Boynton each. In addition to providing support for families directly from our Community Caring Center Choice Pantry at our Feeding Palm each County facility off Park Ridge Blvd, FSF provided weekly drive-thru distributions at the Boynton each all and continues the distributions at the Ezell Hester Center.These drive-thru distributions served anywhere from 500 people to as many as 4,000 in one distribution. FSF also provides home delivery for eligible individuals. Are you working with other organizations in a cooperative effort on the program? Collaboration is essential to FSF's mission;we partner with over 300 nonprofit partner agencies,eight of which are in Boynton each. In addition to supporting our network of nonprofit partners, FSF also works with municipalities, school districts, law enforcement, and coordinates support from farmers, retail stores, manufacturers,and distributors, as well as nearly 50,000 volunteers annually. CDBG-CV Funding Application Page 365 of 1906 D. Goals/Objectives/Activity Measures: Goal: Ensure the food security of City individuals. Objective#1— Provide immediate access to nutritious food via drive-thru food distributions, increased food availability to nonprofit partner agencies and home delivery of meals to City residents. Goal: Connect LMI individuals with the necessary resources to reduce overall food - budget shortfall. Objective#1— Provide immediate access to nutritious food to ensure people didn't go without food because of paying other bills like rent and utilities. Objective#2—Screen for SNAP and other benefit program eligibility and enroll eligible individuals in those assistance programs. E. PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash,S=Sweat Equity,O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being used. LEM ."1�� t 31 t,4� �1�� ¢ PROGRAM: Food Program � � �� Dtr. ® �� , Other �� it it ", ., TOTALS f CDBG-CV Funding Application Page 366 of 1906 F. APPLICANT INFORMATION: (Provide a brief description of each) Mission Statement Feeding South Florida's mission is to end hunger in South Florida by providing immediate access to nutritious food, lead hunger and poverty advocacy efforts and transform lives through innovative programming and education. Capacity of organization As the second largest food bank in the United States, FSF serves 25 percent of the state's food insecure population,serving Palm Beach, Broward, Miami-Dade and Monroe Counties. In response to the COVID- 19 pandemic,from March 2020—February 2021, FSF distributed over 183 million pounds of food, an increase from 70 million pounds in the same time just one year prior. This increase demonstrates FSF's ability to scale as much as necessary to meet an increased need.With nearly 100,000 sq.ft. of warehouse space; 26 tractor/trailers and box trucks that are all refrigerated, have lift gates and electric pallet jacks;90 employees;and access to a state and national network of food banks and food donors, FSF is well positioned to address and meet any needs of the community. Annual Budget $15,986,000 Reporting Capabilities(include sample copy of form(s)used to capture client demographics,services provided,etc.) FSF uses Oasis Insights, a case management software that captures client information. Providing these demographics and detailed information is not required to receive food but for those clients served directly by FSF,this information is captured.While our network of partner agencies are required to use this software as well, many only capture the demographic data of the head of household and additional family member information may not be captured. However,overall household need is reported. Do financial statements break down income and expenses by programs to follow revenue and disbursements? Is an Audit performed annually? While financial statements do not break down income and expenses by program, FSF's multiple software platforms do allow us to track revenue and expenses by program and county, if requested, ensuring donor restrictions and intent are upheld. For example,the budget prepared for the City of Boynton Beach for this application is for City activity only and accounts for other revenue streams. FSF is audited annually by independent auditors as well as Feeding America and USDA. Governing Body Profile(Does Board membership reflect the community as regards ethnicity,gender and representative of the population served? Is Board Orientation conducted for new members? Flow often does the Board meet?Include Board Member list) FSF's Board of Directors (and staff) is a diverse group of individuals, including both men and women who identify as Black/African American, Hispanic/LatinX,White/Caucasian and represent several religions. As a member of the Feeding America network, FSF is required to meet the highest of standards and has policies in place that govern conflict of interest,diversity,engagement and other requirements for board excellence, including the Better Business Bureau's Wise Giving Alliance and BoardSource standards. CDBG-CV Funding Application Page 367 of 1906 FSF has a Board Development Committee that's led by our Secretary and conducts a formal recruitment, orientation and annual evaluation process for all board members,Although FSF's by-laws call for four annual meetings,the Board meets more frequently as necessary in times of crisis(they met almost monthly during COVID)and has monthly committee meetings.The Board has the following four committees:executive,fundraising,finance, and board development. G. Conflict of interest Federal law(24 CFR 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to thea ovs grant...or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity—either for themselves orthose with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of thea lict's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, ora member of the City Commission? Yes No If yes, please list names: ------------- 2. is there any member of the applicant's staff, member(s)of the Board of Directors, oro icer(s) who are business partners orimmediate family of a City employee, ora member of the City Commission? Yes No If yes, please list names: 3. Will the funds requested by thea licant be used to pay the salaries of any of thea lian 's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, ora member of the City Commission? Yes No If yes, please list names: ....... CDBG-CV Funding Application Page 368 of 1906 The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Name: Harris Siskind Signature:- Title: Immediate Past Chair Date: 7.16.21 Name:_Francisco Velez, _ Signature: Title: President& CEO Date: 7.16.21 CDBG-CV Funding Application Page 369 of 1906 Deimrfitiant of the Treasury fig' IRS Interna!Revenue Service P.O. Box 2508 In reply refer to : 0248162362 Cincinnati OH 45201 Oct . 19, 2015 LTR 4168C a 59-2097520 000000 00 00013885 BODC: TE FEEDING SOUTH FLORIDA INC Yo PACO VELEZ 2511 SW 32ND TER PEMBROKE PARK FL 33023 002718 Employer Identification Number : 59-2097520 Person to Contact : Mr . McQueen Toll Free Telephone Number : 1-877-829-5500 Dear Taxpayer: This is in response to your Oct . 07, 2015, request for information regarding your tax-exempt status . Our records indicate that You were recognized as exempt under section 501 (c) (3) of the Internal Revenue Code in a determination letter issued in July 1981 . Our records also indicate that you are not a Private foundation within the meaning of section 509(a) of the Code because You are described in section(s) 509(a) ( 1) and 170 (b) ( 1) (A) (vi) . Donors may deduct contributions to you as Provided in section 170 of the Code . Bequests , legacies, devises, transfers , or gifts to You or for your use are deductible for Federal estate and gift tax Purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www. irs .gov/eo for information regarding filing requirements . Specifically, section 6033(j ) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file . We will publish a list of organizations whose tax-exempt status was revoked under section 6033(j ) of the Code on our website beginning in early 2011 , Page 370 of 1906 r��'}} Daparlment of the Treasury I IRS internal Revenue Service P.O. box 2508 Cincinnati OH 45201 002718.605723,110489.26184 1 AT 0.416 530 I FEEDING SOUTH FLORIDA INC Z PACO VELEZ 2501 SW 32ND TER PEMBROKE PARK FL 33023 002718 I CUT OUT AND RETURN THE VOUCHER AT THE BOTTOM OF THIS PAGE IF YOU ARE MAKING A PAYMENT, EVEN IF YOU ALSO HAVE AN INQUIRY. The IRS address must appear in the window. Use for payments 0248162362 Letter Number : LTR4168C BODCD-TE Letter Date : 2015-10-19 Tax Period : 000000 INI N�NIIIN�IIIaIIN IIIIIIINII IIIIINII *592097520* FEEDING SOUTH FLORIDA INC INTERNAL REVENUE SERVICE 6 PACO VELEZ P.O. Box 2508 2501 SW 32ND TER Cincinnati OH 45201 PEMBROKE PARK FL 33023 592097520 LIQ FEED 00 2 000000 670 00000000000 Page 371 of 1906 i State of Floridd o ►S'tDepartment f I certify from the records of this office that FEEDING SOUTH FLORIDA, INC. is a corporation organized under the laws of the State of Florida, filed on February 17, 1981. The document number of this corporation is 756490. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on February 9, 2021, and that its status is active. Ifurther certify that said corporation has not filed Articles of Dissolution. i Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Ninth day of February,2021 i II Secretary of State Tracking Number:021034502OCC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/Certif;cateOfStatus/CertificateAuthentication Page 372 of 1906 if r9 DIVISION OF CONSUMER SERVICES . s THE RHODES BuILDING (850)410-3800 2005 APALACHFE PARKWAY TALLAHASSEE,FLORIDA 32399-65oo FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER NICOLE"NIKKI"FRIED April 21, 2021 Refer To: CH22 FEEDING SOUTH FLORIDA,INC. 2501 SW 32ND TER PEMBROKE PINES,FL 33023-7707 RE: FEEDING SOUTH FLORIDA,INC. REGISTRATION#: CH22 EXPIRATION DATE: April 14, 2022 Dear Sir or Madam: The above-named organization/sponsor has complied with the registration requirements of Chapter 496, Florida Statutes, the Solicitation of Contributions Act. A COPY OF THIS LETTER SHOULD BE RETAINED FOR YOUR RECORDS. Every charitable organization or sponsor which is required to register under s. 496.405 must conspicuously display the registration number issued by the Department and in capital letters the following statement on every printed solicitation,written confirmation,receipt, or reminder of a contribution: "A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800-435- 7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE." The Solicitation of Contributions Act requires an annual renewal statement to be filed on or before the date of expiration of the previous registration. The Department will send a renewal package approximately 30 days prior to the date of expiration as shown above. Thank you for your cooperation. If we may be of further assistance, please contact the Solicitation of Contributions section. Sincerely, Deborah Mallon Regulatory Consultant 850-410-3707 Fax: 850-410-3804 E-mail: deborah.mallon@fdacs.gov Page 373 of 1906 a F EC SOUTH FLORIDA BOARD OF DIRECTORS 12021 Chris Mellgren(Chair) Henry Del Campo Surfside Coffee Company,Chief Wells Fargo,Senior Vice President Executive Officer 333 SE 2nd Avenue, 22nd Floor 888 Biscayne Boulevard, Suite 505 Miami, FL 33131 Miami, FL 33132 Ignacio Felix Harris Siskind(Immediate Past McKinsey&Company, Partner Chair) 78 SW 7t'St.#1000 McDermott Will &Emery Miami, FL 33130 33 Avenue of the Americas Suite 4500 Benny J.Gonzalez Miami, Florida 33131 PNC Bank,Senior Vice President, Group Manager-Miami Scott Parker(Treasurer) 1 Alhambra Plaza, Floor PH Ryder, Former CFO Coral Gables, FL 33134 Plantation, FL frankonal@yahoo.com William(Bill)Fletcher Carrier/United Technologies,Senior Julie Dodd(Secretary) Director of Supply Chain Ultimate Software, Former COO 13995 Pasteur Boulevard Weston, FL Palm Beach Gardens, FL 33418 Julie.A.Dodd@gmail.com Robert McCabe Jose Alonso Oppenheimer, Branch Manager, IberiaBank,Senior Vice President, Senior Director-Investments Managing Director ' 11780 U. S. Highway 1,Suite N101 18841 NE 29th Avenue North Palm Beach, FL 33408 Aventura, FL 33180 Kelly Murphy Michael Block Events on the Loose Witty Toys, CEO Creative Curator Miami Beach, FL 33139 1310 South Powerline Road Mblock3@gmail.com Deerfield Beach, FL 33442 Carolyn Bolton Leslie Nixon SurfCT,Chief Strategy Officer Miami Dolphins,Senior Director, Weston, FL 33323 Community Affairs 347 Don Shula Dr,Section 142 Miami Gardens, FL 33056 Page 374 of 1906 Max Piet Piet Consulting Services President&CEO West Palm Beach, FL 33405 David Prevost Wawa Director of Store Operations 2201 W.Sample Road Pompano Beach, FL 33073 Steve Stowe HEAT Charitable Fund Vice President/Executive Director 601 Biscayne Blvd. Miami, FL 33132 Greg Zalkin Creative State, CEO 156 NW 73rd Street Miami, FL 33150 Page 375 of 1906 AMENDED AND RESTATED BYLAWS OF FEEDING SOUTH FLORIDA, INC. a Florida Not for Profit Corporation DM US 158255292-2.099749.0647 Page 376 of 1906 AMENDED AND RESTATED BYLAWS OF FEEDING SOUTH FLORIDA,INC. a Florida Not for Profit Corporation ARTICLE I NAME AND PURPOSE Section 1.1 Name. The name of the corporation is Feeding South Florida, Inc. (the "Corporation'). Section 1.2 Purposes. The purposes of the Corporation are those stated in its Articles of Incorporation. ARTICLE II OFFICES Section 2.1 Reg4stered Office. The location of the registered office of the Corporation shall be at 2501 S.W. 32nd Terrace, Pembroke Park, Florida, 33023-7707, which location may be changed from time to time by the Board of Directors. Section 2.2 Other Offices. The Corporation may also have offices or branches at such other places, both within and without the State of Florida, as the Board of Directors may from time to time determine or as the business of the Corporation may require. ARTICLE III MEMBERSHIP The Corporation will not have members. ARTICLE IV DIRECTORS Section 4.1 Responsibilities of the ,Board. All power and authority regarding the property,affairs and management of the Corporation shall be vested in and controlled by the Board of Directors. The Board of Directors shall establish policies and directives governing the business of the Corporation, and may delegate to the Chair of the Corporation or to a Committee of the Corporation, subject to the provisions of these Amended and Restated Bylaws ("Bylaws"), authority and responsibility to ensure that the policies and directives are implemented by the Board of Directors, Committees, and Officers.The Board of Directors shall have no authority to take any action contrary to, or inconsistent with, the Articles of Incorporation, these Bylaws or the provisions of the Florida Not For Profit Corporation Act, as amended (the "Act'). Each Director shall contribute to the Corporation least$2,500 annually and shall cause to be contributed by others funding, goods or services having a value (as determined by the Board) of minimum $25,000 annually. DM US 158255292-2.099749.0647 Page 377 of 1906 Section 4.2 Number And Oualifications. The Board of Directors shall be composed of no less than three(33)Directors. Membership on the Board of Directors shall be nondiscriminatory with regard to age, race, gender, sexual orientation, religion, ethnicity or creed. Section 4.3 Nominat'i'o'n's. Nominations to the Board of Directors shall be made in accordance with the policies and procedures developed and implemented by the Board of Directors. Section 4.4 Election. The Directors shall be elected at the annual meeting of the Board of Directors by a majority vote of Directors present at such meeting; provided, however, that the election of incumbent Directors serving a third or later three-year term shall require a supermajority vote in accordance with Section 4.51 of these Bylaws. Section 4.5 Term. Directors shall be elected for such term as determined by the Board of Directors,which term shall be the same for each Director or applicable class of Director.Absent such determination, each Director shall be elected for a three-year term. No Director shall be elected for more than two three-year terms; provided, however, that the Board of Directors can waive the foregoing term limit and elect an incumbent Director for up to two (2) additional three- year terms after the conclusion of such Director's then expiring term based on the following two requirements being satisfied. First, the Board Development Committee shall determine by approval of at least 2/3rds of the members of such committee (not including the Director seeking such an additional term) that the Director seeking such additional term, for each year that the Director has served as a Director of the Corporation, (i) has attended 85% of the meetings of the Board of Directors (either personally or via telephone), (ii) has made the individual financial contribution to the Corporation required of Directors, (iii) has participated in at least one Committee of the Board of Directors, and (iv) has otherwise been an active and contributing Director of the Corporation through additional personal financial contributions, personal time commitment, recruitment of other Directors to the Corporation and/or dissemination of information concerning the Corporation to community leaders, local corporations and philanthropists. Second, after approval by the Board Development Comirlittee of an additional to as a Director based on the foregoing requirements, the entire Board of Directors shall approved the additional term forte Director by a vote of at least 2/3rds of the members oft e entire Board of Directors (not including the Director seeking an additional tenn). Newly elected Directors shall ass me office, and terms of Directors that are expiring shall expire, as of the date of the annual meeting of the Board of Directors or at any other time as designated by the Board. Directors that are appointed to fill a vacancy shall take office immediately and of office for the unexpired portion of the term of the vacating Director. Unless removed in accordance with the provisions of these Bylaws, each Director shall of office for the term for which she or he is elected or appointed and until her or his successor shall have been duly elected or appointed. Section 4.6 Vacancies. A vacancy shall be declared in any seat on the Board of Vaca - Directors apon the death, resignation, or removal of the occupant thereof, or upon the disability of any occupant rendering him or her permanently incapable of participating inthe management and affairs of the Corporation. Vacancies on the Board may be filled at any time, as they arise, at a duly called meeting of the Board of Directors by the affirmative vote of a majority oft e Directors present at such meeting. 2 DM US 158255292-2.099749N47 Page 378 of 1906 Section 4.7 Res nation. A Director may resign by written notice to the Corporation. ............................ The resignation is effective upon its delivery tote Corporation or a subsequent time as set forth in the notice of resignation. If a resignation is made effective at a later date,the Board of Directors may fill the pending vacancy before the effective date if the Board of Directors provides that the successor does not take office until the effective date. Section 4.8 Removal.Any Director may be removed at any time,with or without cause, by a majority vote of the total number of Directors at a duly called meeting of the Board of Directors. Removal of a Director shall result in a vacancy of the removed Director's board seat. A proposed removal of a Director ata meeting shall require a separate vote for each Director whose removal is sought. Where removal is sought by written Consent, a separate consent is required for each Director to be removed. If removal is effected at a meeting, any vacancies created shall be filled by the Directors eligible to vote for the removal. Any Director who is removed from the Board is not eligible to stand for reelection until the next annual meeting at which Directors are elected, Any Director removed from office shall turn over to the Board within 72 hours any and all records of the Corporation in his or her possession. If a Director who is removed does not relinquish his or her office or turn over records as required under this section, the circuit court if, the county where the Corporation's principal office is located may summarily order the Director to relinquish his or hero ice and turn over corporate records upon application of any Director. Section 4.9 Absence of Director. Any Director unable to attend a meeting shall inform the President or Chair in advance of the meeting, stating the reason for his or her absence. The President or Chair shall have the power in his or her sole and absolute discretion to excuse such absence. If a Director has two or more consecutive unexcused absences,the Director's resignation shall be deemed to have been tendered and accepted. Section 4.10 Chair. The Chair shall provide the leadership required to ensure the adequate performance of duties assigned to the Board of Directors, Officers and any Committees established by the Board. The Chair shall preside at all meetings of the Board of Directors. The Chair shall be an ex-officio voting member of all standing and special Commitlees. In general,the Chair shall perform all duties incident to the office of Chair and have such other powers and duties as may from time to time be prescribed pursuant to resolutions duly adopted by the Board of Directors. The Chair shall chair the Executive Committee. The Chair shall appoint Chairpersons and members of all Board Committees, and the Chair shall have the authority to appoint Directors to undertake specific tasks as needed. Section 4.11 Absence of Chair-, Vacancy,. In the absence of the Chair or in the event of the Chair's inability or refusal to act,the Treasurer shall perform the duties of the Chair, and when so acting shall have all the power of and be subject to all of the restrictions upon the Chair. In the event of a vacancy of the office of Chair,the Treasurer shall become acting Chair until the vacancy is filled by action of the Board of Directors. The Treasurer shall communicate with the Chair and the Directors and shall assist the Chair in performing his or her duties, as requested by the Chair. ARTICLE V MEETINGS OF THE BOARD OF DIRECTORS Section 5.1 Place of Meetinits. Meetings of the Board of Directors may be held either within or without the State of Florida. DM US 158255292-2.099749.0647 Page 379 of 1906 Section 5.2 Regular MeaLngs. Regular meetings of the Board of Directors may be held at such time and at such place as shall from time to time be determined by the Chair or the vote of the Board of Directors. Any notice given of a regular meeting need not specify the business to be transacted or the purpose of the meeting. Section 5.3 Special Meetings. Special meetings of the Board of Directors may be called by the Chair and shall be called by the Secretary on the written request of any two Directors. The person authorized to call special meetings of the Board of Directors may fix any place, either within or without the State of Florida, as the place for holding any special meeting of the Board of Directors called by her or him. Written notice of any special meeting shall be given to all Directors at least 48 hours prior to such special meeting. Notice of any special meeting need not specify the business to be transacted ort purpose of the meeting. Section 5.4 Annual Meetim-ps.The annual meeting of the Board of Directors will be held at such time and place as designated by a majority of the Board of Directors. Section 5.5 Attendance as Waiver of"N'o"tice. Attendance of a Director at any meeting shall constitute a waiver of notice of such meeting,except where a Director attends for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. Section 5.6 t._)uorumofDircAcors: Mqjprim Vote. At all meetings of the Board of Directors, the presence (whether in person or by electronic medium that allows immediate, contemporaneous exchange) of a majority of Directors then in office shall constitute a quorum for the transaction of business, and the act of the majority of the Directors present(whether in person, by telephone, or by proxy) at any meeting at which a quorum is present shall bete act of the Board of Directors, unless the act of a greater number is required byte Act, the Articles of Incorporation or these Bylaws.If a quorum is not present at any meeting of Directors,the Directors present in person may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present. Section 5.7 Action Without a Meeting. Any action required to be taken ata meeting of Directors, or any action which may be taken ata meeting of the Directors or any Committee, may be taken without a meeting if consent in writing (including electronic media), setting forth the action to be taken, shall have been signed by all of the Directors or Committee members. Such consent shall have the same force and effect as a unanimous vote at a meeting. Section 5.8 Electronic-Presences ata Meeting. Subject tote provisions of the Act and these Bylaws concerning notice of meetings and unless otherwise restricted by the Articles of Incorporation or these Bylaws,members of the Board of Directors, or members of any Committee, may participate in and of a meeting of such Board of Directors or Committee by any means that provides immediate, contemporaneous verbal exchange by which all Directors participating may hear each other simultaneously during the meeting,and such participation shall constitute presence in person at such meeting, except where a person participates in the meeting for the express purpose of objecting to the transaction of any business on the ground that the meeting is not lawfully called or convened. 4 DM US 158255292-2.099749.0647 Page 380 of 1906 Section . o ,pensatiori. Directors as such shall not receive any compensation for their services as `irectors, but no Director shall be precluded from serving the Corporation in any other capacity and receiving compensation therefore and Directors may, by resolution, authorize reimbursement of expenses incurred in the performance of their duties. ARTICLE NOTICES Section 6.1 Qelivery, of_Notices. Whenever, under the provisions of the Act or of the Articles of Incorporation or of these Bylaws, written notice is required to be given to any Director or Committee member, such notice shall be given in writing by personal delivery, facsimile,email, overnight delivery service or by mail (registered, certified or other first class ail) addressed to such Director or Committee member at his or her address as it appears on the records of the Corporation,with postage thereon prepaid. Such notice shall be deemed to be given upon the date ailed, upon confirmation of receipt, if sent by personal delivery or facsimile, one day after slivery to a recognized overnight delivery service, or three days after the notices all be deposited in a post office or official depository under the exclusive care and custody of the United States postal service. Section 6.2 Waiver of leotice. Whenever any notice is required to be given under the provisions of the Act or of the Articles of Incorporation or these Bylaws, a waiver thereof in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. leiter the business to be transacted at, nor the purpose of, any regular or special meeting of the Directors or a comm ittee need be specified in any written waiver of notice. ARTICLE VII OFFICERS Section 7.1 Elective Officers.Elective Officers of the Corporation sall be elected each year by the Board of Directors at the annual meeting of the Board of Directors. Any such election shall be held by open voting unless a Director moves to have such election held by ballot and two other Directors second such!notion, in which case the election shall be held by ballot. A majority of the votes cast shall carry the election.The Board of Directors may elect such additional officers or assistant officers as it may from time to time eten-nine. Section 7.2 Term of Officers. Each elective officer shall take office immediately upon is or her election and shall serve for a term of one year and until his or her successor is duly elected and qualified. Section 7.3 Vacanc,,-, Removal-,arkdv. esignation.Any Officer elected or appointed may be removed, with or without cause, by the persons authorized to elect or appoint such Officer whenever in their judgment the best interests of the Corporation will be served thereby. A vacancy occurring in any office of the Corporation by death, resignation, removal or otherwise shall be filled by the Board of Directors. An Officer may resign by written notice to the Corporation. The resignation is effective upon its delivery to the Corporation or a subsequent time as set forth in the notice of resignation. If resignation is made effective at a later date and the Corporation accepts the future effective date, the Board of Directors may fill the pending vacancy before the effective DM US 158255292-2.099749.0647 Page 381 of 1906 date if the Board of Directors provides that the successor does not take office until the effective date of the pending vacancy. Section 7.4 Vacancy in Officer Position. Vacancies in any office may be filled for the balance of the term thereof by the Directors at any regular or special meeting. Section 7.5 Chief Executive Officer.The CEO shall report to the Board of Directors on operations and all matters material to the business oft e Corporation, and shall perform such other duties as are necessarily incident to the office or as may be prescribed by the Board of Directors. The CEO shall participate in the active management of the affairs of the Corporation, and shall be responsible for overseeing the implementation and operation of the Corporation's charitable and educational programs. The CEO is an ex-officio, non-voting member of the Board. Section 7.6 Treasurer. The Treasurer shall be responsible for: monitoring the control, receipt, and custody of all assets of the Corporation; monitoring disbursements as authorized by the Board of Directors; and reporting receipt, use and disbursements of all assets of the Corporation. The Treasurer shall exercise the powers and perform such other duties usually incident tothe office of Treasurer. Section 7.7 Secretary. The Secretary shall be responsible for seeing that notices are issued for all meetings of the Board of Directors, and shall see that the minutes of such meetings are kept. The Secretary shall be responsible for the custody of corporate books, records and files, and shall exercise the powers of the office of Secretary. The Secretary shall be responsible for authenticating records of the Corporation. Section 7.8 Other Offic'er Offi 's. To the extent the powers and duties of any cers are not provided in these Bylaws or from time to time by resolution or other directive of the Board of Directors,the Officers shall have all powers and shall discharge the duties customarily and usually held and performed by like officers of corporations similar in organization and business purposes to the Corporation. ARTICLE VIII COMMITTEES OF THE BOARD OF DIRECTORS Section 8.1 Committees. (a) The Board of Directors, by resolution adopted by a majority of the full Board, may designate from among its members an Executive Committee and one or more other committees (a "Committee") each of which, to the extent provided in such shall have and may exercise all the authority of the Board,except that no such Committee shall have the authority to fill vacancies on the Board or any Committee thereof or adopt, amend, or repeal these Bylaws. (b) The meeting, notice and waiver of notice, and quorurn and voting requirements of the Board of Directors shall apply to Committees and their members. (c) Each Committee must have two or more Directors who serve at the pleasure of the Board.The Board, by resolution adopted in accordance with Section 8.0(a)hereof, may designate one or more Directors as alternate members of any such Committee who may act in the place instead of any absent member or members at any meeting of such Committee. 6 DMUS159255292-2,099749,0647 Page 382 of 1906 (d) Neither the designation of any such Committee, the delegation thereto of authority,nor action by such Committee pursuant to such authority shall alone constitute compliance by any Director who is nota member of the Committee in question with his Or her responsibility to act in good faith, in a manner he or she reasonably believes to be in the best interests of the Corporation, and with such care as an ordinarily prudent person in a like position would use under similar circumstances. Section 8.2 Advisors Committees. The Board of Directors may, from time to time, create honorary and/or advisory Committees to support and promote the activities of the Corporation. Such Committees shall have such purposes, powers and procedures as shall be determined from time to time by the Board of Directors. Section 8.3 Vacancies. Vacancies in the membership of any Committee may be filled by appointments made in the same manner as provided in the case of the original appointments. Section 8.4 Repqrts. Each Committee shall report findings and recommendations to the Board of Directors as required to keep the Board of Directors reasonably informed of such Committee's findings and recommendations. ARTICLE IX DUTIES OF DIRECTORS AND OFFICERS Section 9.1 Duta of Directors and Offlegrs. Directors and Officers shall discharge the duties of their respective positions in good faith and with that degree of diligence, care, and skill which ordinarily prudent persons would exercise under similar circumstances in like positions, In the administration of the powers to make and retain investments, to appropriate appreciation, and to delegate investment management of institutional funds, as provided by law, the Board of Directors shall consider among other relevant considerations the long and short-term needs of the Corporation in carrying out its purposes, its present and anticipated financial requirements, expected total return on its investments, price level trends and general economic conditions. in discharging their duties, Directors and Officers,when acting in good faith,may rely upon financial statements of the Corporation represented to the to be correct by the Chair, or the Officer of the Corporation having charge of its books of accounts, or stated in a written report by a certified public accountant orf fairly to reflect the financial condition of the Corporation. Section 9.2 Conflict of Interest. Directors and Officers serve the Corporation in a fiduciary capacity and as such owe a duty of loyalty to the purposes of the Corporation. Any possible conflict between the interests of the Corporation and the personal or business interests of a Director, an Officer, or member of their families, shall be disclosed to the Board and made a record through an annual procedure and also when the interest becomes a matter of Board action. Any Director having a duality of interest or a possible conflict of interest on any matter shall not vote or use personal influence on the matter. The minutes of the meeting shall reflect that a disclosure was made and the abstention from voting. This conflict of interest policy shall not be construed as preventing a Director or Officer from stating his position in the matter or from answering pertinent questions since his knowledge may be of great assistance to the voting Directors. 7 DM Us 159255292-1099749.0647 Page 383 of 1906 ARTICLE X INDEMNIFICATION AND EXCULPATION Section 10.1 Indemnification.. The Corporation, to the fullest extent authorized or permitted by the provisions of the Act, shall indemnify against liability, and advance expenses to, any person, and his or her heirs, executors, administrators and legal representatives, who is or was a party to any proceeding by reason of the fact that such person is or was a Director or Officer of the Corporation or is or was serving as a director or officer of another corporation, partnership, joint venture, trust or other enterprise at the request of the Corporation. Officers and Directors who are so entitled to be indemnified shall be paid their expenses in advance of a final disposition of the proceeding to the maximum extent authorized or permitted by the provisions of the Act. Section 10.2 Insurance. The Corporation shall have the power nd to purchase amaintain insurance to indemnifTTmmy the Corporation and its Directors and Officers whether or not the Corporation would have the power to indemnify its Directors and Officers against such liability. Section 103 Private Foundations and Other Limitations.In no case shall the Corporation indemnify, reimburse, or insure any person for any taxes imposed on such person under chapter 42 of the Code. Furthermore, (a) if at any time the Corporation is a private foundation within the meaning of section 509(a)of the Code,then during such time no payment shall be made under this Article if such payment would constitute an act of self-dealing or taxable expenditure as defined in section 4941(d) or section 4945(d), respectively, of the Code and (b) if at any time the Corporation is not a private foundation within the meaning of section 509 of the Code, then during such time no payment shall be made under this Article if such payment would constitute an excess benefit transaction as defined in section 495 8 of the Code. Section 10.4 Exculpation JI-on. A Director shall not be personally liable to the Corporation or any person for monetary damages for failure to perform his or her duties as a Director, unless such failure to perform constitutes(a)a violation of the criminal law,unless the Director had reasonable cause to believe his or her conduct was lawful or had no reasonable cause to believe his or her conduct was unlawful (b) a transaction from which the Director derived animproper personal benefit, directly or indirectly, or(c) recklessness or an act oro ission that was committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. If the Act hereafter is amended to authorize the further elimination or limitation of the liability of directors, then the liability of Directors of this Corporation shall be eliminated or limited to the full extent authorized by such amendment. Section 10.5 Amend ment_.o or Repeal. Any repeal or modification of the foregoing provisions of this Article shall not adversely affect any right or protection hereunder of any person in respect of any act oromission occurring prior to the time of such repeal or modification. The rights provided hereunder shall inure to the benefit of any indemnified person and such person's heirs, executors and administrators. Section 10.6 Severability. If any part oft is Article shall be found in any action, suit, or proceeding to be invalid or ineffective, the validity and the effectiveness of the remaining parts shall not be affected. 8 DMUS158255292-2.099749.0647 Page 384 of 1906 ARTICLE XI GENERAL PROVISIONS Section 11.1 Cplural lts. The Board of Directors may authorize any Officer or Officers, agent or agents of the Corporation, in addition tote Officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf oft e Corporation, provided that such contract or instrument is in alignment with the mission and direction oft organization, and is not in violation of the Articles of Incorporation,these Bylaws or applicable law. Such authority may be general or confined to specific instances. Section 11.2 Contributions. Contributions, bequests and gifts to the Corporation shall be accepted or collected only as authorized by the Board of Directors. Guidelines for accepting contributions shall be established byte Board of Directors. Section 11.3 Checks and Drafts. All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Corporation shall be signed by such Officer or Officers, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors. The Board Chair shall countersign all authorizations for payments of bills, except the payment of normal, routine, and recurring bills in an amount not exceeding $25,000. Section 11.4 e osits. All funds of the Corporation shall be deposited from time to time tote credit of the Corporation in such banks, trust companies, or other depositories as the Board of Directors may select. Section 11.5 Financial Report. A summary report of the financial operations of the Corporation_shall be made available to the public annually, in such form as the Board of Directors shall provide. Within 60 days following the end oft e fiscal or calendar year or annually on such date as is otherwise provided by the Board,the Executive Committee shall provide to each Director a complete financial report of actual receipts and expenditures forte previous 12 months. The report shall show the amounts of receipts by accounts and receipt classifications and shall show the amounts of expenses by accounts and expense classifications. Section 11.6 Fiscal Fear. The fiscal year oft e Corporation shall be fixed from time to time by resolution of the Board of Directors, but shall begin on July I st and end June 30' , if not otherwise fixed by the Board of Directors. Section 11.7 Seal. The Board of Directors may provide for a corporate seat in such form as it prescribes. The corporate seal shall have inscribed thereon the name of the Corporation and the words "Corporate Seal, Florida." The seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. Except as otherwise provided by law, the failure to affix the seal of the Corporation to a document shall not affect the validity thereof. Section 11.8 Books and Records. The Corporation shall keep correct and complete books and records of account, shall keep minutes of the proceedings of its Board of Directors and Committees having any authority of the Board of Directors. Section 11.9 Nondiscrimination Policy. The Corporation shall, in the conduct of its business, programs and activities, admit program participants of any race, color,religion, national 9 DMUS 158255292-2.099749.0047 Page 385 of 1906 origin, disability, gender, sexual orientation, age and ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to participants in the Cororation's programs. The Corporation shall not discriminate on the foregoing basis in administration of its educational policies, admission policies, and other Corporation-administered programs. Section 11.10 Confidenti lit . Except as required by applicable law, legal process or agreements to which the Corporation is a party,each D'i'rector and Officer and his or her respective agents shall keep secret and confidential,and agrees to keep secret and confidential,all information acquired relating to the following (all such information being hereinafter referred to as "Confidential Business Information"): (a) the financial condition and other information relating to the business of the Corporation, including without limitation, its rates for services, its operations and contracts, and its business plans and arrangements; (b) the systems, products, plans, services, marketing sales, administration and management procedures, trade relations or practices, techniques and practices heretofore or hereafter acquired, developed and/or used by the Corporation; and (c) the Corporation's providers, clients, customers, donors, suppliers, vendors, lenders, independent contractors and payers and the provisions and terms of any agreements or proposed agreements between the Corporation and any of such individual or entities;provided that In Confidential Business Information shall not include information already publically available. No Director or Officer shall at any time disclose Confidential Business Information to any person, firm, corporation, association or other entity, or use the same in any manner other than in connection with the business and affairs of the Corporation. Directors and Officers shall under no circa stances use Confidential Business Information in any way reasonably perceived as detrimental to the Corporation. Section 11.11 -B% 11 laws Govern. These Bylaws shall govern the internal affairs of the ...............— Corporation, but only to the extent they are consistent with law and the Articles of Incorporation. ARTICLE X11 AMENDMENTS Section 12.1 These Bylaws maybe amended or repealed,or new Bylaws may be adopted, at a duly called meeting of the Board of Directors - by the affirmative vote of two-thirds of the Directors present at such meeting. 10 DM US 159255292-2.099749.0647 Page 386 of 1906 114 eiifr X0 E N G SOUTH FLORIDA ' . q tf I I� k Na? ,. ,` �. i�, � I „ i �31)s.®».. Oasis Insight is a leading client - - intake and reporting solution for Feeding America food banks and Instantly produce both network their partner agencies. j and agency reports. ,1 Manage SNAP, TCA, TEFAP and other program applications. Oasis Insight provides local and regional NO insights about the people we serve and allows us to tailor services and interventions Add accountability between to at-risk populations. It confirms LMI status partner agencies and food banks. and program eligibility. It helps us tell a data-driven story to bust Broadcast system-wide myths, foster empathy, and drive social alerts and bulletins. change. Capture assistance It assists in forecasting distribution require- records in real-time. ments by better understanding the total number of unduplicated individuals served, thereby reducing food waste. �UIIs Conduct intake at the point of distribution. Technology allows us to eliminate paper, including sign in sheets and can reduce the Conduct food staff/volunteer time at food distributions. insecurity surveys - _ Feeding South Florida, Inc. Financial Statements For the Year Ended June 30, 2020 Keef e M"cCullough CPA's Trusted Advisors Feeding South Florida, Inc. Financial Statements For the Year Ended June 30, 2020 Table of Contents Independent Auditor's Report 1.2 Financial Statements Statement of Financial Position 3 Statement of Activities 4 Statement of Functional Expenses 5 Statement of Cash Flows 6 Notes to Financial Statements 7.18 Page 389 of 1906 Keefe 6 D,�,,ls WcCullough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT To the Board of Directors Feeding South Florida, Inc. Report on the Financial Statements We have audited the accompanying financial statements of Feeding South Florida, Inc., (a nonprofit organization) (the "Organization"), which comprise the statement of financial position as of June 30, 2020, and the related statements of activities, functional expenses, and cash flows for the year then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. VOOTH FLORMA EOlINE81 JOURNAL KMCcpa.corn 1 6550 N Federal Hwy,4th Floor,Fort Lauderdale,FL 33308 Phone:954.771.0896 Far:954,938.9353 Top 25 Accounting Firms I South Florido Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 1 BEST PLACES TO WORK Page 390 of 1906 Feeding South Florida, Inc. Opinion In our opinion, the financial statements referred toabove present fairly, in all material respects the financial position of the Organization as of June 30, 2020, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required beGovernment Auditing Standards |naccordance with Government Auditing Standards, wehave also issued our report dated January I0, 2021, on our consideration of the Organization's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters.The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results ofthat testing, and not toprovide anopinion mn the effectiveness of the Organization's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Organization's internal control over financial reporting and compliance. KEEFEKqc[ULLOUGM Fort Lauderdale, Florida January l0, 2DZI 2 Page 391Of1906 FINANCIAL STATEMENTS Keef e WCuliough CPA's Trusted Advisors Feeding South Florida, Inc. Statement of Financial Position June 30,2020 Without Donor With Donor Restrictions Restrictions Total Assets: Current Assets: Cash and cash equivalents $ 13,238,446 $ 3,188,625 $ 16,427,071 Grant and contract receivables 5,136,083 - 5,136,083 Other receivables 110,130 - 110,130 Prepaids 168,460 - 168,460 Food inventory 8,005,655 - 8,005,655 Total current assets 26,658,774 3,188,625 29,847,399 Noncurrent Assets: Long-term investments 11,089 880,986 892,075 Property and equipment, net 5,816,588 - 5,816,588 Deposits 69,349 - 69,349 Total assets $ 32,555,800 $ 4,069,611 $ 36,625,411 Liabilities: Current Liabilities: Accounts payable $ 1,597,410 $ - $ 1,597,410 Accrued expenses 257,331 - 257,332 Refundable advance - Paycheck Protection Program 688,757 - 688,757 Agency deposits and deferred revenue 82,261 - 82,261 Current portion of debt 91,232912 - 32 Total current liabilities 2,716,991 - 2,716,991 Long-Term Liabilities: Long-term debt, net of current portion 2,002,829 - 2,002,829 Total liabilities 4,719,820 - 4,719,820 Net Assets: Without donor restrictions: Undesignated 15,513,222 - 15,513,222 Board designated 12,322,758 - 12,322,758 With donor restrictions: Purpose and time restrictions - 4,069,611 4,069,611 Total net assets 27,835,980 4,069,611 31,905,591 Total liabilities and net assets $ 32,555,800 $ 4,069,611 $ 36,625,411 The accompanying notes to financial statements are an integral part of these statements. 3 Page 393 of 1906 Feeding South Florida, Inc. Statement of Activities For the Year Ended June 30, 2020 Without Donor With Donor Restrictions Restrictions Total Change in Net Assets: Public Support: Contributed food $ 129,254,731 $ - $ 129,254,731 Contributions 15,074,896 3,077,204 18,152,100 Grants: Federal government grants 80,866,304 - 80,866,304 State government grants 956,755 - 956,755 Other local agencies 630,640 - 630,640 Total public support 226,783,326 3,077,204 229,860,530 Revenues: Shared maintenance and other program revenue 360,824 - 360,824 Investment income, net 77,534 - 77,534 Transfer from nonprofit entity 90,867 - 90,867 Other income 333,652 - 333,652 Total revenue 862,877 - 862,877 Net assets released from restrictions 230,552 (230,552) - Total public support, revenue and net assets released from restrictions 227,876,755 2,846,652 230,723,407 Operating Expenses: Program services: Food distribution 207,298,828 - 207,298,828 Supporting services: Administrative 797,125 - 797,125 Development 778,818 - 778,818 Total supporting services 1,575,943 - 1,575,943 Total expenses 208,874,771 - 208,874,771 Change in net assets 19,001,984 2,846,652 21,848,636 Net Assets,July 1, 2019 8,833,996 1,222,959 10,056,955 Net Assets,June 30, 2020 $ 27,835,980 $ 4,069,611 $ 31,905,591 The accompanying notes to financial statements are an integral part of these statements. 4 Page 394 of 1906 Feeding South Florida, Inc. Statement of Functional Expenses For the Year Ended June 30,2020 Program Services Supporting Services Food Toia-1 Total Distribution Administrative Development Supporting Expenses Personnel Costs: Salaries $ 2,759,010 $ 464,266 $ 265,609 729,875 $ 3,488,885 Payroll taxes and employee benefits 501,163 70,804 42,278 113,082 614,245 Total personnel costs 3,260,173 535,070 307,887 842,957 4,103,130 Other Expenses: Contributed food activity 198,205,435 - - - 198,205,435 Purchased food activity 1,198,057 - - - 1,198,057 Rent, including$47,355 in-kind contributions 1,008,681 129,313 16,170 145,483 1,154,164 Auto and truck expense 725,150 - - - 725,150 Professional fees, including $ 68,349 in-kind contributions 409,697 35,406 81,592 116,998 526,695 Insurance 301,537 26,059 18,612 44,671 346,208 Transportation and storage 321,612 - - - 321,612 Fundraising - 303,648 303,648 303,648 Gas and oil 283,431 - - 283,431 Temporary labor 266,598 266,598 Repairs and maintenance 211,394 - - - 211,394 Utilities 177,938 15,378 10,983 26,361 204,299 Warehouse expense 183,057 - - - 183,057 Interest expense and bank fees 148,880 12,866 9,190 22,056 170,936 Equipment lease and rental 99,238 - - - 99,238 Supplies 54,044 4,671 3,336 8,007 62,051 Telephone 50,317 4,348 3,106 7,454 57,771 Employee recruiting and other 49,990 4,320 3,086 7,406 57,396 Dues, including Feeding America 44,151 3,816 2,725 6,541 50,692 Taxes 16,482 1,424 1,017 2,441 18,923 Bad debt expense 15,428 1,333 952 2,285 17,713 Travel 5,847 505 361 866 6,713 Total expenses before provision for depreciation 207,037,137 774,509 762,665 1,537,174 208,574,311 Provision for depreciation 261,691 22,616 16,153 38,769 300,460 Total expenses $ 207,298,828 $ 797,125 $ 778,818 $ 1,575,943 $ 208,874,771 The accompanying notes to financial statements are an integral part of these statements. 5 Page 395 of 1906 Feeding South Florida, Inc. Statement of Cash Flows For the Year Ended June 30, 2020 Cash Flows from Operating Activities: Change in net assets $ 21,848,636 Adjustments to reconcile change in net assets to net cash provided by operating activities: Provision for depreciation 300,460 Net realized/unrealized gain on investments (72,046) Bad debt expense 17,713 Donated stock (48,087) Changes in assets and liabilities: (Increase) decrease in assets: Grant and contract receivables (3,601,068) Other receivables (51,427) 'Prepaids (27,291) Food inventory (5,673,234) Deposits 8,000 Increase (decrease) in liabilities: Accounts payable 1,539,966 Accrued expenses (52,759) Refundable advance- Payroll Protection Program 688,757 Agency deposits and deferred revenue (97,438) Net cash provided by operating activities 14,780,182 Cash Flows From Investing Activities: Sale of investments 651,616 Purchases of property and equipment (1,884,077) Purchase of investments (433,704) Net cash used in investing activities (1,666,165) Cash Flows from Financing Activities: Payments on debt (86,691) Net cash used in financing activities (86,691) Net increase in cash and cash equivalents 13,027,326 Cash and Cash Equivalents,July 1, 2019 3,399,745 Cash and Cash Equivalents,June 30,2020 $ 16,427,071 The accompanying notes to financial statements are an integral part of these statements. 6 Page 396 of 1906 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 1 -Organization and Operations Feeding South Florida, Inc. (the "Organization") is a not-for-profit organization whose mission is to end hunger in South Florida by providing immediate access to nutritious food, leading Manger and poverty advocacy efforts, and transforming lives through innovative programming and education. The Organization is a member of Feeding America, a nationwide food bank network. As a regional food bank, the Organization rescues and distributes surplus food that would otherwise go to waste. All food is distributed to either end users directly or to charitable organizations that qualify for tax exempt status under the regulations of the Internal Revenue Code. During the year ended June 30, 2020, in response to the COVID-19 pandemic, the Organization launched drive-thru distributions of food in Palm Beach, Broward,and Miami-Dade Counties to meet the increased demand in the community for food assistance. In addition to the restricted contributions for COVID-19 relief described in Note 11, the Organization received approximately $ 10,844,000 of contributions related to providing COVID-19 relief, of which approximately $ 4,159,000 was spent during the year, approximately$ 1,322,000 is included in restricted funds as of June 30, 2020, and approximately $ 5,363,000 is included in board-designated unrestricted funds as of June 30, 2020. Note 2-Summary of Significant Accounting Policies Basis of presentation: The financial statement presentation follows the recommendation of the Financial Accounting Standards Board in its Accounting Standards Update (FASB ASU) 2016-14, Not- for-Profit Entities (Topic 958):Presentation of Financia!Statements for Not-for-Profit Entities. Under FASB ASU 2016-14, the Organization is required to report information regarding its financial position and activities according to two classes of net assets: net assets without donor restrictions and net assets with donor restrictions. Basis of accounting:The financial statements have been prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States of America ("U.S. GAAP"). Net assets: Net assets and revenues are classified based on the existence or absence of donor or grantor-imposed restrictions.Accordingly, net assets and changes therein are classified and reported as follows: • Net Assets without Donor Restrictions - Net assets available for use in general operations and not subject to donor(or certain grantor) restrictions. • Net Assets with Donor Restrictions - Net assets subject to donor (or certain grantor) imposed restrictions. Some restrictions are temporary in nature, such as those that will be met by the passage of time or other events specified by the donor or grantor. Other restrictions are perpetual in nature, where the donor or grantor stipulates that resources be maintained in perpetuity. 7 Page 397 of 1906 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 2-Summary of Significant Accounting Policies (continued) Generally, contributions restricted by donors are reported as increases in net assets without donor restrictions if the restrictions expire (that is, when a stipulated time restriction ends or purpose restriction is accomplished) in the reporting period in which the revenue is recognized. All other donor-restricted contributions are reported as increases in net assets with donor restrictions, depending on the nature of the restrictions. When a restriction expires, net assets with donor restrictions are reclassified to net assets without donor restrictions and reported in the statement of activities as net assets released from restrictions. Non-cash contributions are recorded at their estimated fair value on the date received. All contributions are considered available for general use, unless specifically restricted by the donor or subject to other legal restrictions. Cash and cash equivalents:The Organization considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Investments: Investment purchases are recorded at cost, or if donated, at fair value on the date of donation. Thereafter, investments are reported at their fair values in the statements of financial position. Net investment income is reported in the statements of activities and consists of interest and dividend income, realized and unrealized capital gains and losses, less investment expenses. Grant,contract,and other receivables:Grant and contract receivables consist principally of amounts due from federal, state, and local governmental agencies and other not-for-profit organizations under contractual agreements. Other receivables consist of shared maintenance fees receivable, receivables from the acquisition of a not-for-profit entity (Note 19), and event sponsorships. Based on management's assessment, the Organization provides for estimated uncollectible amounts through a charge to expense and a credit to a valuation allowance.As of June 30, 2020, management considers all the receivables to be collectible within the current accounting period, so an allowance for doubtful accounts has not been recorded. Food inventory: Food inventory is for distribution to qualified organizations only and is not available for resale.The Organization receives contributed food,which is recorded as public support, and food commodities under federal government grants. Both contributed food and grant food is recorded based on the estimated wholesale value of the distributable food received by the Organization. Management has based this estimate on the results of a product valuation survey calculating the average wholesale value per pound of food received nationally by Feeding America. For the year ended June 30, 2020, the average wholesale value for contributed food and United States Department of Agriculture donated food was $ 1.74 and $ 1.49, respectively. Purchased food inventory is stated at the lower cost or market using the first in,first out method. Property and equipment: Purchased property and equipment, including leasehold improvements, are recorded at cost. It is the Organization's policy to capitalize all such fixed assets purchased or received by donation that cost$ 2,500 or more individually. Property and equipment is depreciated using the straight-line method over the following estimated useful lives: Furniture and equipment 5-7 years Warehouses and improvements 5-39 years Automotive equipment 5 years Maintenance and repairs to property and equipment are charged to expense when incurred. 8 Page 398 of 1906 Feeding South Florida, Inc. Notes to Financial Statements June 30,2020 ....... . .. .... ........... Note 2-Summary of Significant Accounting Policies (continued) Revenue recognition:Shared maintenance, produce handling and purchased food program revenue is recognized when the related food is distributed. The Organization recognizes contributions when cash, securities, other assets, an unconditional promise to give, or a notification of a beneficial interest is received. Conditional promises to give, that is, those with a measurable performance or other barrier and a right of return, are not recognized until the conditions on which they depend have been substantially met or explicitly waived. Assets received before the barrier is overcome are accounted for as refundable allowances. The Organization receives various grants from federal, state, and local government agencies for program and supporting service expenses.These grants are generally on a cost reimbursement basis, including recoverable overhead. Revenues from grants are deemed earned and recognized in the statement of activities when expenditures are incurred for the purposes specified.Amounts received prior to incurring qualifying expenditures are reported as refundable advances in the statement of financial position. Functional expenses:The costs of providing the various programs and supporting services have been summarized on a functional basis in the statement of activities.The statement of functional expenses presents the natural classification detail of expenses by functions. Expenses that can be directly identified with a program or supporting service are charged accordingly. The financial statements report certain categories of expenses that are attributable to more than one program or supporting function. Therefore, expenses require allocation on a reasonable basis that is consistently applied. The expenses, including personnel costs, professional fees, rent and others, are allocated based on estimates of time and effort and square footage as determined by management. Fundralsing activities: The Organization's financial statements follow the guidelines prescribed by Financial Accounting Standards Board in its Accounting Standards Codification (ASC) No. 958-720-20, Costs of Joint Activities. This ASC establishes criteria for accounting and reporting of joint costs for certain entities that solicit contributions. Operating leases: Rental expense is recognized on a straight-line basis. Use of estimates: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates, Concentrations of credit risk: Financial instruments, is potentially subject the Organization to concentrations of credit risk, consist primarily of cash and cash equivalents, investments, and receivables.Although cash balances may at times exceed federally insured limits during the year,the organization has not experienced any losses and does not believe it is exposed to significant risk associated with its cash and cash equivalents. At June 30, 2020, the Organization had approximately $ 16 million held in excess of the FDIC limits. Cash is maintained, with what management believes to be high quality financial institutions, to limit its risk. 9 Page 399 of 1906 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 .................. to 2-Summary of Significant Accounting Policies (continued) Investments are held in a brokerage account protected by the Securities Investor Protection Corporation (" 1 C") in the event of broker failure, subject to applicable limits. The SIPC does not protect against market losses on investments. Investments are overseen by an investment company whose performance is monitored by management. Credit risk with respect to accounts receivable is limited due to the number and credit worthiness of the entities and individuals who comprise the contributor/customer base. Accounts receivable are stated at thea o anagement expects to collect from outstanding balances. The organization establishes an allowance for doubtful accounts based upon factors surrounding the credit risk of specific donors/customers, historical trends, and other information. Date of management review., Subsequent events have been evaluated through January 18, 2021, which is the date the financial statements were available to be issued. Note 3- Liquidity and Availability of Financial Assets Financial assets available for general expenditures, that is, without donor or other restrictions limiting their use, within one year of the statement of financial position date ending June 30, 2020, comprise the following: Financial Assets: Cash and cash equivalents $ 16,427,071 Grant and contract receivables 5,136,083 Other receivables 110,130 Investments 892,075 Financial assets, at year-end 22,565,359 Less:those unavailable for general expenditures within one year, due to: Restriction by donor with purpose restrictions (3,188,625) Perpetual restrictions by donor (880,986) Board designations (Note 10) (12,322,758) (16,392,369) Financial assets available to meet cash needs for general expenditures within one year $ 6,172,990 As part of its liquidity plan, the Organization invests cash exceeding daily requirements in money market funds.Asa member of Feeding America,the Organization aims to maintain available financial assets sufficient to meet six months of operating reserves in cash and cash equivalents, which is approximately $4,000,000. The Organization also has $ 5,362,758, $ 2,000,000 and $ 960,000 in board-designated reserve funds to continue providing food assistance under its for COVID-19 relief, for debt reduction, and for staffing increases, respectively. 10 Page 400 of 1906 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 4- Investments The Organization's investments at June 30, 2020 are comprised of the following: Equities $ 536,279 United States treasury bills, bonds and notes 167,536 Corporate bonds 144,492 Money market funds 30,792 United States agency obligations 12,976 $ 892,075 Investment income in the statement of activities for the year ended June 30, 2020 consists of the following: Net realized and unrealized gains $ 72,046 Interest and dividend income 20,497 Investment fees (15,009) $ 77,534 Note 5- Fair Value Measurement In accordance with the Financial Accounting Standards Board in its Accounting Standards Codification (ASC) No. 820, Fair Value Measurements and Disclosures, the Organization defined and established a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurements) and the lowest priority to measurements involving significant unobservable inputs (Level 3 measurements). The three levels of the fair value hierarchy are as follows: • Level 1 inputs are quoted prices(unadjusted)in active marketsfor identical investments that the Organization has the ability to access at the measurement date. • Level 2 inputs are inputs other than quoted prices included with Level 1 that are observable for the investments, either directly or indirectly. (e.g. quoted prices in active markets for similar securities, securities valuations based on commonly quoted benchmarks, interest rates and yield curves, and/or securities indices.) • Level 3 inputs are unobservable inputs for the investments. (e.g. information about assumptions, including risk, market participants would use in pricing a security.) 11 Page 401 of 1906 Feeding i , c. Notes to Financial June 30,2020 Note 5-Fair Value Measurement(continued) The level in the fair value hierarchy within which a fair measurement in its entirety falls is based on the lowest level input that is significant o the fair value measurement in its entirety. The inputs or methodology used for valuing securities are not necessarily an indication of the risk associated with investing in those securities. The equity securities are classified within Level 1 because they have readily determinable fair values based on daily redemption values. The United States Treasury ills, bonds and notes, United States agency obligations and corporate bonds are valued by the custodians of the securities using ricin o els based on credit ualiy, time to maturity, stated interest rates and art-rate assumptions, and are classified within Level 2. The following table represents the investments as held the Organization at June 30, 2020: Fair value Measurements Using: eDuoter rices in Active Significant other Significant Fair value at Markets for Observable Unobservable June 30, Identical Assets Inputs Inputs Investment Type 2020 (Level 1) (Level 2) (Level 3) Equities 536,279 $ 536,279 $ - $ _ United States treasury bills, _ bonds and notes 167,536 167,536 Corporate bonds 144,492 144,492 United States agency obligations 12,976 12,976 861,283 536,279 S 325,004 $ Investments measured at - amortized cost: Money market funds 30,792 Total 892,075 Note 6- Property and Equipment The following is a schedule of propertyand equipment at June 30, 2020: Warehouse and improvements 5,127 ,000 Furniture and equipment 509,981 Automotive uip ent 771,222 6',469,203-' Less accumulated preciation 1,051,615 5,356,5 Land 460,000 Total $ 5,816,588 Note 7- Endowments The Organization has endowed funds established for the support of the Organizational mission. As required by generally accepted accounting principles(GAAP), net assets associate with endowment funds, includingfuns designatedto function as endowments are classified and reported based on the existence orabsence of donor-imposedrestrictions. 1 Page 402 of 1906 Feeding South Florida, Inc. test Financial Statements June 30, 2020 ......................................_................................................................................................................... ........... Note 7- Endowments (continued) Interpretation of relevant law: The Board of Directors interprets the State of Florida's Uniform Prudent Management of Institutional Funds Act (FUPMIFA) as requiring the preservation of the fair value of the original gift as of the gift date of the donor-restricted endowment funds absent explicit donor stipulations to the contrary. As a result of this interpretation, the Organization classifies as retains in perpetuity (a) the original value of gifts donated to the permanent endowment, (b) the original value of subsequent gifts to the permanent endowment, and (c) accumulations to the permanent endowment made in accordance with the direction of the applicable donor gift instrument at the time the accumulation is added to the fund. Investment policies:The goal of the investment program for the endowment is to provide an annual level of support for the current programs of the Organization consistent with the preservation of purchasing power over time. Assets held shall be diversified to control the risk of loss resulting from the over-concentration of funds in a specific maturity, issue or type-class of securities. Spending policies: The Organization's policy is to only spend the income generated from the endowed funds. Endowments as of June 30, 2020 consist of $ 892,075 for the Bachelor Endowment Fund. The principal amount of the Endowment Fund is held in perpetuity, with the income earned on those investments available for general operations. Changes in endowment net assets for the fiscal year ended June 30, 2020 are as follows: Without Donor With Donor Restriction Restriction Total Endowment net assets, at beginning of year $ 108,868 880,986 $ 989,854 Investment income, net of fees 77,534 - 77,534 Contributions 48,087 48,087 Transfer to operating account (223,400) - (223,400) Endowment net assets, at end of year $ 11,089 $ 880,986 $ 892,075 Note 8- Refundable Advance- Paycheck Protection Program Through a financial institution, the Organization received $ 688,757 from the U.S. Small Business Administration as part of the Paycheck Protection Program ("PPP"), which is designed to provide direct incentive for small businesses and nonprofit organizations to keep their employees on the payroll. The Organization has elected to account for the PPP funds in accordance with FASB's ASC 958-605, Not-for-Profit Entities — Revenue Recognition. Under this method, the PPP funds were recorded as a refundable advance in the statement of financial position when they were received in May 2020. The Organization's management deemed the related conditions substantially met subsequent to June 30, 2020. Therefore, the full loan of$ 688,757 remains as a refundable advance as of June 30, 2020. It is expected that the Organization will meet the related conditions and apply for full forgiveness by the end of the calendar year 2020, in accordance with the terms of this program. 13 Page 403 of 1906 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 9- Debt Debt at June 30, 2020 is as follows: Mortgage note payable to a bank, due in monthly installments of $ 15,915 including interest at a fixed rate of 4.79%through January 2026, with a balloon payment of approximately $ 1,525,000 due February 2026. This obligation is collateralized by all property and equipment currently owned and subsequently acquired. $ 2,094,061 Less current portion 91,232 $ 2,002,.829 Estimated future debt principal payments in the aggregate are approximately as follows: Year Ending June 30, 2021 $ 91,200 2022 95,800 2023 100,500 2024 105,300 2025 110,700 Thereafter 1,590,600 $ 2,094,100 The mortgage note payable contains certain restrictive covenants, including, but not limited to, a minimum debt coverage ratio of no less than 1.15 to 1.00. At June 30, 2020, the Organization was in compliance with the minimum debt coverage ratio. Note 10- Board Designated Net Assets As of June 30, 2020, Board designated net assets consisted of the following: Designated for COVID-19 relief $ 5,362,758 Designated for operating reserves 4,000,000 Designated for debt reduction 2,000,000 Designated for staffing increases 960,000 $ 12,322,758 14 Page 404 of 1906 Feeding South Florida, Inc. Notes to Financial Statements June 30,2020 Note 11- Net Assets with Donor Restrictions As of June 30, 2020, net assets with donor restrictions consisted of: Subject to expenditure for specified purpose: COVID-19 relief $ 1,322,482 Technology 700,000 Other program support 493,622 Mobile farmacy 462,658 Miami-Dade programs 209,863 3,188,625 Endowments: Required to be held in perpetuity by donor for specified purpose: General operations 880,986 Total $ 4,069,611 Net assets were released from donor restrictions by incurring expenses satisfying the restricted purpose or by occurrence of the passage of time or other events specified by the donors as follows for the year ended June 30, 2020: Satisfaction of purpose restrictions: Other program support $ 131,933 School pantry program 40,000 Capacity building 33,872 Food purchase 24,747 Total $ 230,552 Note 12-Donated Goods,Services and Facilities The Organization receives donated goods and services, paying for most services requiring specific expertise. A number of volunteers have donated substantial amounts of their time in certain of the Organization's program service areas. Because of the difficulty in determining the number of hours for such services, those items are not disclosed in the accompanying financial statements. However, when the value of donated services requires specific expertise, they are reflected in the financial statements as revenue and expenses at estimated fair value. Donated goods are also recorded at their estimated fair value. For the year ended June 30, 2020, the Organization recorded $ 129,254,731 in donated goods, consisting principally of food which is included in inventory or contributed food activity expense. For the year ended June 30, 2020, the Organization recorded $ 68,349 in donated professional services, which consisted of legal and architectural services, and are included in professional fees expense on the accompanying statement of functional expenses. Of this total, approximately$45,000 consists of legal services donated by a law firm which employs the Organization's Board Chair. For the year ended June 30, 2020 the Organization recorded $47,355 of donated warehouse space, which is included in rent on the accompanying statement of functional expenses. 15 Page 405 of 1906 Feeding I ri , Inc. Notes to Financialis Note rMaintenance shared maintenance fee of no more than . 9 per pound, may be assessed on certain items that helps offset the costs of solicitation, transportation, warehousing and distribution of food. This fee is not a charge for food and it is not paid by the end user. No person in need of assistance pays for food.The Organization does not charge fees on USDA, produce, or bakery items. As of March 2020, all shared maintenance fees have been suspended duringthe C I -19 pandemic. Total shared maintenance for the year ended June 30, 2020 was $ 360,824. Note 1 -Grants and Contracts Funding agreements for services to be provided are entered into on an annual basis. The release o funds is subject to monies being madeavailable by various federal, state, local and other grantor agencies. Certain agreements y be terminated y either party with thirty days Written notice. Changes i overn ental appropriations could have a material adverse effect on the Organization's ability to continue to provide its services at the same level. Program expenditures made byte Organization are subject to additional audit by grantor agencies. As a result of such audits, the grantor may require that amounts be returned. In certain instances, the grantor may increase its grant of funds to the Organization to offset amounts which would otherwise be repayable based on audits,As of June 30, 2020, no amounts were owed backo grantor agencies. Note 15 - Leases The Organization previously entered into a facility lease for warehouse and office space in Pembroke Park, Florida. The term of this lease agreement commenced in May 2013 and was renewed in April 2018, extending the lease through May 2023. Under the terms of the renewal agreement, onthly rent payments ranging from roxi tly $ 40,000 to $ 46,400are due. The Organization is also responsible for itspro-rata share of certain operating expenses. In addition, the agreement also provides for one additional optional five-year renewal term. The Organization also entered into short-term temporary lease a res ens for additional warehouse space and storages ace for prepared meals to provide additional programs due to C VI -19. Rent expense is recognized on a straight-line basis.The difference between the base rent payments made and the amount of rent expense recognized is included in accrued expenses and totaled $ 81,563 at June 30, 2020. ent expense, including its pro-rata share of operating expenses, in connection with these agreements totaled 1,106,809 for the year ended June 30, 2020. The Organization leases several vehicles that expire at various times through January 2026. The agreements contain monthly base payments of approximately$ 36,600 through August 2021 and a lesser amount through January 2026. The Organization is also responsible for mileage fees at rates ranging from to $ .085 per mile. During the year ended June 30, 2020, the total expense associated with these leases was 472,546. The r anization also leases various pieces of warehouse and office equipment with a total monthly payment aggregating approximately$ 3,800 through April 2021 and at a lesser value thereafter until January 2024. Duringthe year ended June 30, 2020, the total equipment rental expense associate with these leases and other short-term equipment rentals was 99,238. 1 Page 406 of 1906 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 15- Leases (continued) The following is a schedule of approximate future minimum lease payments, excluding common area maintenance and mileage charges: Year Ending June 30, 2021 $ 997,200 2022 966,500 2023 914,200 2024 370,700 2025 313,300 $ 3,561,900 Note 16- Income Taxes The Organization is a non-profit corporation, qualified under Section 501(c)(3) of the Internal Revenue Code and is therefore exempt from corporate income taxation on income related to its exempt function. No provision for income taxes has been made in the accompanying financial statements. Note 17- Employee Benefit Plan The Organization offers its employees a 401(k) profit-sharing plan (the "Plan")that covers all eligible employees. Employees may contribute to the Plan, pursuant to a salary reduction agreement, a percentage of their annual compensation subject to certain limitations. The Plan provides for employer matching contributions of 50% of each participant's contribution up to 6% of their gross salary.The Organization contributed $ 24,954 for the year ended June 30, 2020. Note 18-Supplemental Cash Flow Information Supplemental Disclosure of Cash Flow Information: Cash received during the year for- Interest and dividend income $ 88,732 Cash paid during the year for- Interest $ 100,228 17 Page 407 of 1906 Feeding South Florida, Inc. Notes to Financial Statements June 30, 2020 Note 19-Acquisition of: Community Caring Center of Palm Beach County On March 31, 2020, the Organization acquired certain assets of the Community Caring Center of Palm each County, Inc. ("CCC"). The Organization believes this will allow Feeding South Florida to serve the needs of food-insecure individuals in Palm each County more efficiently.As a result of this transaction,the Organization obtained cash and vehicles from CCC,totaling approximately$ 91,000, and continues CC's meal-delivery and food distribution programs in Palm Beach County. The amount received is reported as transfer from a not-for-profit entity in the accompanying statement of activities. Note 20-Subsequent Events On March 11, 2020, the World Health Organization designated the COVID-19 outbreak a pandernic. This pandemic has caused disruption in the global economies and markets. COVID-19 and fear of further spread has caused quarantines, cancellation of events, and overall reduction in business and economic activity. Management and the Board of Directors continue to evaluate and monitor the potential adverse effect that this event may have on the Organization's financial position,operations, and cash flows.The full impact of COVID-19 is unknown at this time and cannot be readily estimated as these events are still developing. 18 Page 408 of 1906 Feeding South Florida, Inc. Compliance Section For the Year Ended June 30, 2020 Keefe McCultough CPA's+gusted Advisors Feeding South Florida, Inc. Compliance Section For the Year Ended June 30, 2020 Table of Contents Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 1-2 Independent Auditor's Report on Compliance for Each Major Federal Program and State Project and on Internal Control Over Compliance Required by the Uniform Guidance and Chapter 10.650, Rules of the Florida Auditor General 3-5 Schedule of Expenditures of Federal Awards and State Financial Assistance 6.7 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance g Schedule of Findings and Questioned Costs 9-11 Summary Schedule of Prior Audit Findings 12 Corrective Action Plan 13-14 Page 410 of 1906 Ke ef e 5(DRs MtCullough CPA's ,.,Trusted Advisors INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAUDITING STANDARDS To the Board of Directors Feeding South Florida, Inc. We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Feeding South Florida, Inc. (a nonprofit organization) (the "Organization"), which comprise the statement of financial position as of June 30, 2020,and the related statements of activities,functional expenses, and cash flows for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated January 18, 2021. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Organization's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control,such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. Asignificant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. We did, however, identify a deficiency in internal control,described in the accompanying Schedule of Findings and Questioned Costs under Section C as item 2020-01 that we consider to be a significant deficiency. SOUTH FLORIDA BUSINESS JOURNAL KMCcpaxom I 6550 N Federal Hwy,4th Floor,Fart Lauderdale,FL 33308 Phone:954.771.0896 Fax:954.938.9353Ant Top 25 Accounting Firms i South Florida Business Journal Top 400 Accounting Firms in the U.S. INSIDE PuNic Accounting iii,. ul a 1 BEST PLACES TO WORK Page 411 of 1906 Feeding South Florida, Inc. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Organization's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions mflaws, regulations, contracts, and grant agreements, noncompliance with which could have m direct and material effect onthe determination¢ffinancial statement amounts. However, providing anopinion on compliance with those provisions was not an objective of our audit, and accordingly, we donot express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required hobereported under Government Auditing Standards. Organization's Response to Findings The Organization's response tuthe finding identified in our audit is described in the accompanying Schedule of Findings and Questioned Costs under Sections C. The Organization's response was not subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response. Purpose of this Report The purpose ofthis report|ssolely to describe the scope ufour testing mfinternal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the organization's internal control or on compliance. This report is an integral part ofanaudit performed in accordance with Government Auditing Standards in considering the Organization's internal control and compliance. Accordingly, this communication iynot suitable for any other purpose. �*-mrUb0i KEEFEMcCULLDUGH Fort Lauderdale, Florida January 18L20Z1 Page 412Of1906 Keefe= ��m �� j_,l, 7 D �� N�� -NNNN�� m m�� CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL PROGRAM AND STATE PROJECT AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE AND CHAPTER lO.65D, RULES{JFTHE FLORIDA AUDITOR GENERAL To the Board of Directors Feeding South Florida, Inc. Report on Compliance for Each Major Fedena| Prognmmmamd State Project We have audited Feeding South Florida, |nc'e (a nonprofit organization) (the "Organization") compliance with the types of compliance requirements described in the C>M8 Compliance Supplement and the compliance requirements described in the Department ofFinancial Services' State Projects Compliance Supplement that could have a direct and material effect on each of the Organization's major federal programs and state projects for the year ended June 30, 2020. The Organization's major federal programs and state projects enaidenti0edinthesunnnmaryofaudito/sresu|1ssectionoftheacconnpanyingschedu|e offindings and questioned costs. Mamagernent"sResponsibiUitw Management is responsible for compliance with the federal statutes and state statutes, regulations,and the terms and conditions ofits federal awards and state financial assistance applicable to its federal programs and state projects, r$spect(xe|y. Auditor's Responsibility Our responsibility is to express an opinion on compliance for each of the Organization's major federal programs and state projects basedonourauditofthetypeyofconmpUancerequ|remnentsreferredtoa6ove. We conducted our audit ofcompliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform v4xhn/nisbnabve Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance); and Chapter 10.650, Ry/es of the Florida Auditor General. Those standards, the Uniform Guidance, and Chapter 10.650, Rules of the Florida Auditor General, require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types ofcompliance requirements referred to above that could have a direct and material effect on a major federal program and/or state project occurred. An audit includes examining, on a test basis, evidence about the Organization's compliance with those requirements and performing such other procedures aavxeconsidered necessary|nthe circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each majorfedena| program and state project. Huvvmver, our audit does not provide alegal determination ofthe Organization's compliance. "O"`"``°"'"^^"^'"""^'"""°^` KMCcpaucomm | 655mNFederal Hwx.4th Floor,Fort Laud "d le'FL 33308 Phux�.954.771.0896 Pam.p54.938.9353 �� Top 25 AccmvmingFirms|svu��om� m ou� �a/ m uuu Accounting� INSIDE �� 3 BEST PLACES `vWORK Page 413Of1906 Feeding South Florida, Inc. Opinion on Each Major Federal Program and State Project In our opinion, the Organization complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs and state projects for the year ended June 30, 2020. Other Matters The results of our auditing procedures disclosed an instance of noncompliance which is required to be reported in accordance with the Uniform Guidance and which is described in the accompanying Schedule of Findings and Questioned Costs as item 2020-01. Our opinion on each major federal program and/or state project is not modified with respect to this matter. The Organization's response to the noncompliance finding identified in our audit is described in the accompanying Schedule of Findings and Questioned Costs.The Organization's response was not subject to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. Report on Internal Control over Compliance Management of the Organization is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the Organization's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program and state project to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and state project and to test and report on internal control over compliance in accordance with the Uniform Guidance and Chapter 10.650, Rules of the Florida Auditor General, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program and/or state project on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program and/or state project will not be prevented, or detected and corrected, on a timely basis.A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program and/or state project that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies.We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, we did identify a deficiency in internal control over compliance, as described in the accompanying Schedule of Findings and Questioned Costs under Section C as item 2020-01 that we consider to be a significant deficiency. The Organization's response to the internal control over compliance finding identified in our audit is described in the accompanying Schedule of Findings and Questioned Costs under Section C. The Organization's response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. 4 Page 414 of 1906 Feeding South Florida, Inc. Report on Schedule of Expenditures of Federal Awards and State Financial Assistance Required by the Uniform Guidance and Chapter 10.650,Rules of the Florida Auditor General We have audited the financial statements ofFeeding South Florida, Inc. as of and for the year ended June 30[ 2030L and have issued our report thereon dated January 18, 2021, which contained an unmodified opinion on those financial statements. Our audit was conducted for the purpose of forming an opinion on the financial statements asawhole.The accompanying schedule ofexpenditures offederal awards and state financial assistance is presented for purposes of additional analysis as required by the Uniform Guidance and Chapter 1O.6SO,Rules ofthe Florida Auditor General, and isnot arequired part the finanda| statements. Such information is the responsibility mfmanagement and was derived from and related directly tothe underlying accounting and other records used to prepare the financial statements.The information has been subjected tothe auditing procedures applied |nthe audit ofthe financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used toprepare the financial statements or to the financial statements themselves,and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards and state financial assistance is fairly stated in all material respects in relation to the financial statements as whole. Purpose of this Report The purpose of this report on internal control over compliance is solely to describe the scope of our testing ofinternal control over compliance and the results ofthat testing based onthe requirements ufthe Uniform Guidance and Chapter 10.650\ Rules ofthe Florida Auditor General. Accordingly, this report is not suitable for any other purpose. V4 Apjj4v KEEFEn8cCULLDUGH Fort Lauderdale, Florida January 18, 2021 6 Page 415Of1906 0 0r 61 4, u r 'A 1.0 r- r- r%j rn Ln et Ln (n tr ri 00 r*4 Ln r- 0 Rt r- 0) 1.0 W rn 01 d Ln C4 r, N M r- en Lr) 0) M -q Ln 06 Ln�ks r-� 6 06 ff� ":, � ry�N Ln C4 "t r-i 00 N CY) 0 w 00 -tt qr M cn 00 c i.0 W Ln Lr) N w I-D N M Cl U) U) O'D r4 I-z r-I kD 00 Ln r1i C) rl N C%j x LU ih cu 76- -i5 4- 4� V) 0 :3 F- m 00 O r*l r-I m r-I -0 41 E rq zaj r-I m m nm0) MM a nen mm riri N Ln N lD ko N N C14 NN 0 tN r14 N N N C) 0 CD CD 0 0 4a LL. OO 4- _0 41 L- c 0 m 0 F- u QJ LD 4a Mn 0 4- LL. L. 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V) p V1 4-1 m (U u U- 0 1,0 LL0 Page 417 of 1906 Feeding South Florida, Inc. Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance June 30, 2020 Note 1- Basis of Presentation The accompanying Schedule of Expenditures of Federal Awards and State Financial Assistance (collectively referred to as the "Schedule") includes the federal and state award activity of Feeding South Florida, Inc. (the "Organization") under programs of the federal and state governments for the year ended June 30, 2020. The information in this Schedule is presented in accordance with the requirements of the Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost principles, and Audit Requirements of Federal Awards, (Uniform Guidance) and Chapter 10.650, Rules of the Auditor General. Because the Schedule presents only a selected portion of the operations of the Organization, it is not intended to and does not present the financial position, change in net assets, or cash flows of the Organization. Note 2-Summary of Significant Accounting Policies Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance and Chapter 10.650, Rules of the Auditor General, wherein certain types of expenditures are not allowable or are limited as to reimbursement. Note 3- Indirect Cost Rate The Organization did not elect to use the 10% de minimis indirect cost rate allowed under the Uniform Guidance. Note 4-Contingency The grant and contract revenue amounts received are subject to audit and adjustment. If any expenditures or expenses are disallowed by the grantor agencies as a result of such an audit, any claim for reimbursement to the grantor/contract agencies would become a liability of the Organization. In the opinion of management, all grant and contract expenditures are in compliance with the terms of the agreements and applicable federal and state laws and other applicable regulations. Note 5—Food Distribution Nonmonetary assistance for food commodities received from the United States Department of Agriculture ("USDA") are reported in the Schedule based on a cost study conducted for Feeding America. For the year ended June 30, 2020 donated government food was valued at $ 1.49 per pound. At June 30, 2020 the Organization had food commodities totaling approximately$ 5,064,000 in inventory. 8 Page 418 of 1906 Feeding South Florida, Inc. Schedule of Findings and Questioned Costs For the Year Ended June 30, 2020 A. Summary of Auditor's Results 1. The auditor's report expresses an unmodified opinion on the financial statements of Feeding South Florida, Inc. 2. No material weaknesses relating to the audit of the financial statements are reported in the Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. 3. No instances of noncompliance material to the financial statements of Feeding South Florida, Inc. were disclosed during the audit. 4. A significant deficiency in compliance and internal control over compliance relating to the audit of the major federal award programs is reported in the Independent Auditor's Report on Compliance for Each Major Federal Program and State Project and on Internal Control Over Compliance Required by the Uniform Guidance and Chapter 10.650,Rules of the Florida Auditor General. 5. The auditor's report on compliance for each of the major federal award programs and state projects for Feeding South Florida, Inc., expresses an unmodified opinion. 6. An audit finding relative to the major federal award programs for Feeding South Florida, Inc., is reported in Part C of this schedule.There are no audit findings relative to the major state project for Feeding South Florida, Inc. reported in Part C of this schedule. 7. The programs tested as major programs were as follows: Federal Program CFDA_No. United States Department of Agriculture - Coronavirus Pandemic 19 Program 21.019 Trade Mitigation Program 10.178 State Pro'ect CSFA No. State of Florida Department of Agriculture and Consumer Services- Support for Food Banks 42.019 8. The threshold for distinguishing Type A and B for federal programs was $ 2,425,989 and $ 606,497, respectively. The threshold for distinguishing Type A and Type B for state projects was $ 287,027. 9. Feeding South Florida, Inc. was determined to be a low-risk auditee pursuant to the Uniform Guidance. B. Findings-Financial Statement Audit Finding number 2020-01 discussed in Section C is applicable under this section. 9 Page 419 of 1906 Feeding I ri , Inc. Schedule of Findings sti ss Fo r the Yea r E nde d 1 u ne 30,2020 C. Findings and Questionedss-Major Federal Programs and MajorProject United States Department of Agriculture-Trade Mitigation Program—CFDA 10.178and Coronavirus Pandemic 19 Program—CFDA 21.019. Significant ficincy 2020-01: Inventory econciliation Process: Condition and Criteria: During the year, the Organization received a large increase in donated food and donated governmental food commodities to meet an increase in demand for food assistance i the community due to COVID-19. Due to staffing shortages and social distancing requirements during the early stages of the Pandemic, the Organization temporarily suspended onthly reconciliations of inventory counts to the general ledger. In addition, there was an increase in the amount of time between inventory receipts and distributions and when they were posted to the Organization's inventory management system. Cause:TheOrganization's inventory adjustments were not posted timely and monthly reconciliations of inventory to the general ledger were not performed due to staffing shortages during the COVID- 19 Pandemic. Effect:There is a risk that donated food losses of governmental food commodities may not be timely reported to the Food Nutrition service and restitution may not be made for losses. Recommendation: We recommend that the Organization perform a monthly reconciliation of its book inventory to the inventory summary, receipt summary and distribution summary reports provided y Primarius. We noted in the Organization's TEFAP corrective action plan that the Organization will conduct quarterly, full inventory counts. We recommend that the quarterly inventory counts be reconciled to the book inventory and the quarterly reconciliations be signed off by the Finance Director and CEO. In addition, we recommend that inventory be tracked by federal program in order for management to accurately reconcile federal expenditures y program and that management continue to improve inventory related policies and procedures. Management'sResponse: The Organization has a schedule of monthly inventory counts and inventory reconciliation. The pandemic forced the Organization to receive and distribute food at a never- eore-seen level to ensure families who were left jobless had food on their tables. The Organization has increased its warehouse team to handle the volume that more than tripled over last year's and continue with scheduled monthly inventory counts and reconciliation. D. Other Issues 1. A separate management letter was not issued. 2. A schedule of prior audit findings is required in accordance with the Uniform Guidance(see page 1 ). 3. A corrective action plan is required in accordance with the Uniform Guidance (see page 13- ). 1 Page 420 of 1906 Feeding South Florida, Inc. Schedule of Findings and Questioned Costs For the Year Ended June 30, 2020 E. Internal Control Comments and Recommendations 2017-01: [Mpro InventaryReconciliation Process We recommend that the Organization perform a monthly reconciliation of its book inventory to the inventory summary, receipt summary and distribution summary reports provided by Primarius. We noted in the Organization's TEFAP corrective action plan that the Organization will conduct quarterly, full inventory counts. We recommend that the quarterly inventory counts be reconciled to the book inventory and the quarterly reconciliations be signed off by the Finance Director and CEO. In addition, we recommend that inventory be tracked by Federal program in order for management to accurately reconcile federal expenditures by program and that management continue to improve inventory related policies and procedures. 2020 update/status:This recommendation has been reported as significant deficiency 2020-01. Current Year Internal Control Comments and Responses See Section C above. 11 Page 421 of 1906 Feeding South Florida, Inc. Summary Schedule of Prior Audit Findings For the Year Ended lune 30,2020 Department of Agriculture Finding 2019-01:Time and Effort Reporting Condition:This finding was a significant deficiency stating that the Organization should improve support for time and effort reporting for costs charged to federal awards. Recommendation:The auditor recommended the Organization develop written policies for recording and allocating expenses in the general ledger. Current Status:The recommendation was adopted in 2020. No similar findings were noted in the 2020 audit. 12 Page 422 of 1906 FEEDING SOUTH FLORIDA, INC. 2501 S.W 32ND TERRACE PEMBROKE PARK, FL 33023 CORRECTIVE ACTION PLAN January 18, 2021 U.S. Department of Agriculture Feeding South Florida Inc. respectfully submits the following corrective action plan for the year ended June 30, 2020. Keefe McCullough 6550 N. Federal Highway, 41h Floor Fort Lauderdale, FI 33308 Audit Period:June 30, 2020 The finding from the June 30,2020 schedule of findings and questioned costs is discussed below.The finding is numbered consistent with the number assigned in the schedule. FINDINGS- FEDERAL SINGLE AUDIT Finding number 2020-01 discussed below is applicable under this section. FINDINGS AND QUESTIONED COSTS- MAJOR FEDERAL AWARDS PROGRAM AUDITS 2020-01 Trade Mitigation Program—CFDA 10.178 and Coronavirus Pandemic 19 Pro ram-CFDA 21.019;, Inventory Reconciliation Process Condition and Criteria: During the year, the Organization received a large increase in donated food and donated governmental food commodities to meet an increase in demand for food assistance in the community due to COVID-19. Due to staffing shortages and social distancing requirements during the early stages of the Pandemic, the Organization temporarily suspended monthly reconciliations of inventory counts to the general ledger. In addition, there was an increase in the amount of time between inventory receipts and distributions and when they were posted to the Organization's inventory management system. Cause: The Organization's inventory adjustments were not posted timely and monthly reconciliations of inventory to the general ledger were not performed due to staffing shortages during the COVID-19 Pandemic. Effect: There is a risk that donated food losses of governmental food commodities may not be timely reported and restitution may not be made for losses. 13 Page 423 of 1906 Feeding South Florida -2- .January 18, 2021 Recommendation: We recommend that the Organization perform a monthly reconciliation of its book inventory to the inventory summary, receipt summary and distribution summary reports provided by Primarius. We noted in the Organization's TEFAP corrective action plan that the Organization will conduct quarterly, full inventory counts. We recommend that the quarterly inventory counts be reconciled to the book inventory and the quarterly reconciliations be signed off by the Finance Director and CEO. In addition, we recommend that inventory be tracked by federal program in order for management to accurately reconcile federal expenditures by program and that management continue to improve inventory related policies and procedures. Management's Response: The Organization has a schedule of monthly inventory counts and inventory reconciliation. The pandemic forced the Organization to receive and distribute food at a never-before-seen level to ensure families who were left jobless had food on their tables. The Organization has increased its warehouse team to handle the volume that more than tripled over last year's and continue with scheduled monthly inventory counts and reconciliation. If the U.S. Department of Agriculture has questions regarding this plan, please call Paco Velez at 954-518- 1818 or email at pvelez@feedingsouthflorida.org. Sincerely yours, Paco Velez CEO& President 14 Page 424 of 1906 v p n n a o 0 0 % O O O v N m�m x y O N m m ~ T N h1 A m N � � m m 2 A T o m v m m 3 3 U 3 N W U a o 4 0 4 0 0 C C2O�0 O N a m m W qy $ T # w a ti O A aUi•crap r A O m fAii �J•VAi v � rn w � b W Y + A N O w w r O Oma J N d a rn tWi r uwi N O Oo O N �i u uUi w aO� m m o �' v V N + N O> o V N M a^LLwi m w•�++ d a a 1.N V Y V y In O P I-` W lT t0 V W N tO O 00 p0 .fie O m N _ V �II N w V O O N r V1�fn Om•VNi�0 Pm•O ---------------- � N� J t Jpp O Oppp pp N O m mm � v w c m Y N---O A---`tp N m N O N w A b U + N m a u 0 Ot m O tris w o m C D N Si 52 O N r + T N V to 6 N V T OI o JJ�� O N p [airs a S m A A O O T T Ot m V o n •� m Z O w w to 3 W 00 Y V O Ot T M-3 N- N W S O m J N w W N A N t0 0 J V U N A N tWii o U + o w � j� N o O j W W W N WO W O O O O Y O N m W m C rn 4 q o A O J m m 0 tlf 0 W J J J J U •O T n o + - w + m iR in in VF V�W Vi+h W V�N W 4�N l po N A 00 6� N O W 00 t0 N M w J W A w Y W A 00 N �D n 0' W w m w b m A a w es tmn N Ot o a N N > Y + o V N N o o A w N N r � f ttpp yy rn r a N¢ Y Page 425 of 1906 Notice to the Public From the Department of Development/Community Improvement Division Community Development Block Grant(CDBG) Program Coronavirus Aid, Relief and Economic Security Act(CARES Act)Amendment The City of Boynton Beach has been allocated a combined total of $911,184 in additional CDBG funds under the CARES Act to provide citizens with supplemental funds to prevent, prepare for,and respond to coronavirus. The City's Development Department, through the Community Improvement Division, manages the CDBG Program and will administer these additional resources. The City of Boynton Beach was awarded two rounds of funding from HUD in the following amounts: • CDBG-CV Round 1-$351,815 • CDBG-CV Round 3 -$559,369 The City is required to amend its current Consolidated Plan and FY 2019 Annual Action Plan to receive these funds and must follow the federal regulations of 24 CFR Part 91.05(c)(2) regarding citizen participation and all applicable waivers and flexibilities made available under the CARES Act. The purpose of this Notice is to fulfill those requirements. Citizens will have a 5-day public review and comment period starting on July 14, 2021 and ending on July 18, 2021 and may provide comments to the following: Community Improvement Division Attn: R.J. Ramirez, Grants Manager 101 E.Ocean Avenue Boynton Beach, FL 33425 Email: ramirezrAJbbf1.us Proposed Uses of CDBG CARES Act Funds: The objective of these funds is to assist low and moderate-income individuals and families impacted by the coronavirus. The City is proposing to allocate these funds to the following eligible activities which directly respond to Coronavirus: • Emergency Rental Assistance $370,645 • Public Services/Food Distribution $358,303 • Planning and Administration $182,236 Activities and Implementing Partners: Boynton Beach Faith Based Community Development - will provide intake/application services and coordinate a rental assistance program and ensure the eligibility of all households participating in the program. Payments will be made directly to landlords on behalf of the approved households. The city will award $370,645 under a sub-recipient agreement for these purposes. Approximately 70 households will receive a grant of up to three months of rental assistance. Feeding South Florida—assistance will be provided to this organization to address the increased need for food distribution through locations within Boynton Beach. The city will be providing funding in the amount of $358,303 for increased costs for food distributed to households impacted by coronavirus. More than 3,000 persons/households received food items. Page 426 of 1906 7/16/2021 CDBG Program and CARES Act Amendment I City of Boynton Beach CDBG PROGRAM AND CARES ACT AMENDMENT HOME (/) / CDBG (/CDBG) I CDBG PROGRAM AND CARES ACT AMENDMENT Notice to the Public From the Department of Development/Community Improvement Division Community Development Block Grant (CDBG) Program Coronavirus Aid, Relief and Economic Security Act (CARES Act) Amendment The City of Boynton Beach has been allocated a combined total of $911,184 in additional CDBG funds under the CARES Act to provide citizens with supplemental funds to prevent, prepare for, and respond to coronavirus. The City's Development Department, through the Community Improvement Division, manages the CDBG Program and will administer these additional resources. The City of Boynton Beach was awarded two rounds of funding from HUD in the following amounts: • CDBG-CV Round 1 - $351,815 • CDBG-CV Round 3 - $559,369 The City is required to amend its current Consolidated Plan and FY 2019 Annual Action Plan to receive these funds and must follow the federal regulations of 24 CFR Part 91.05(c)(2) regarding citizen participation and all applicable waivers and flexibilities made available under the CARES Act. The purpose of this Notice is to fulfill those requirements. Citizens will have a 5-day public review and comment period starting on July 14, 2021 and ending on July 18, 2021 and may provide comments to the following: Community Improvement Division Attn: R.J. Ramirez, Community Improvement Program Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 Email: ramirezr@bbfl.us (mailto:ramirezr@bbfl.us) https://www.boynton-beach.org/odbgtodbg-program-and-cares-act-amendment Page 427 of 1%06 7/16/2021 CDBG Program and CARES Act Amendment I City of Boynton Beach Proposed Uses of CDBG CARES Act Funds: The objective of these funds is to assist low and moderate-income individuals and families impacted by the coronavirus. The City is proposing to allocate these funds to the following eligible activities which directly respond to Coronavirus: • Emergency Rental Assistance: $370,645 • Public Services/Food Distribution: $358,303 • Planning and Administration : $182,236 Activities and Implementing Partners: Boynton Beach Faith Based Community Development - will provide intake/application services and coordinate a rental assistance program and ensure the eligibility of all households participating in the program. Payments will be made directly to landlords on behalf of the approved households. The city will award $370,645 under a sub-recipient agreement for these purposes. Approximately 70 households will receive a grant of up to three months of rental assistance. Feeding South Florida - assistance will be provided to this organization to address the increased need for food distribution through locations within Boynton Beach. The city will be providing funding in the amount of $358,303 for increased costs for food distributed to households impacted by coronavirus. More than 3,000 persons/households received food items. 0 3 City Hall: 100 E. Ocean Ave. Boynton Beach, FL 33435 Phone: 561-742-6000 Contact City_( contact} https:/lwww.boynton-beach.org/cdbg/odbg-program-and-cares-act-amendment Page 428 of W6 7/16/2021 CDBG Program and CARES Act Amendment I City of Boynton Beach SITEMAP (/sitemap) PRIVACY POLICY(/privacy-policy) ADA NOTICE (/ada-notice) ©2019 All Rights Reserved https://www.boynton-beach.org/odbg/cdbg-program-and- ares-act-amendment Page 429 of 1�RP6 OMB!Number.4040-0004 Expiration Date:12131/2022 Application for Federal Assistance SF-424 1.Type of Submission: '2.Type of Application: 'If Revision,select appropriate letter(s): Preapplication ®New ®Application Continuation 'other(Specify): Changed/Corrected Application Revision ,, •3.Date Received: 4 Applicant Identifier. �, .... .,... .......... 5a.Federal Entity Identifier: 5b.Federal Award Identifier: State Use Only: 6.Date Received by State: 7.State Application Identifier. m 8.APPLICANT INFORMATION: .. w "a.Legal Name City of Boynton Beach @ k "b.Employerlraxpayer Identification Number(EINfrIN): 'c.UEI: ___ 59 6000282 , 072247133000 d.Address: • I Slree#'E: 100 East Ocean Avenue � .... Street2: �� _ � � a 'City: Boynton Beach County/Parish: palm Beach "State: FL: Florida ,t Province: 'Country: IUSA: UNITED STATES Zip/Postal Code: 133435-0310 --- ------------ e.Organizational Unit: Department Name: Division Name: Development , Community Improvement f.Name and contact information of person to be contacted on matters involving this application: Prefix: Mr 'First Name: RJ Middle Name re__ 'Last Name: � Ramiz Suffix: Title: Community Improvement Program Manager Organizational Affiliation: .....:............ Tele hone Number. 561-742-6359 p Fax Number: *Email iramirezr@bbf1.us Page 430 of 1906 Application for Federal Assistance SF-424 *9.Type of Applicant 1:Select Applicant Type: IC: City or Township Government Type of Applicant 2:Select Applicant Type: Type of Applicant 3:Select Applicant Type: *Other(specify): ............... _. *10.Name of Federal Agency: v......... .. _ _..... United States Department of Housing and Urban Development 11.Catalog of Federal Domestic Assistance Number: 14.219 CFA Title: yes-. _ - .... .......... - *12.Funding Opportunity Number: ® ...... w ----------- 13-20-MC-12-0043 ----.B-20 MC-12-0043 *Title: ._ ._m...... .._......__.................... Community Development Block Grant CARES Act. I i ..._ ...... _— ---- 13.Competition Identification Number: Title: 14.Areas Affected by Project(Cities,Counties,States,etc.): Add Attachment *15.Descriptive Title of ApplicanirS Project: Emergency Rental Assistance and Public Services/Food Distribution i Attach supporting documents as specified in agency instructions. Add Attachments �, 1 Page 431 of 1906 Application for Federal Assistance SF-424 16.Congressional Districts Of: •a.Applicant b.Program/Project Attach an additional list of ProgramtProject Congressional Districts if needed. F odAttachmenitl I ........... A 17.Proposed Project: *a.StartDate: 08/03/2021 b.End Date; 08/03/2022 18.Estimated Funding($): •a.Federal 351,815 C0 •b.Applicant •c,State •d.Local •e.Other . •f. Program Income 000 ............. •g.TOTAL 351,815.00 •19.Is Application Subject to Review By State Under Executive Order 12372 Process? a.This application was made available to the State under the Executive Order 12372 Process for review on F-] b.Program is subject to E.O. 12372 but has not been selected by the State for review. c.Program is not covered by E.O.12372. 20.Is the Applicant Delinquent On Any federal Debt? (if"Yes,"provide explanation in attachment) r-1 Yes Z No If"Yes",provide explanation and attach Mt 21.*By signing this application,I certify(1)to the statements contained in the list of certifications—and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) M --I AGREE **The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: IMrs... ................................................. First Name: Mori Middle Name: .. . Last Name: LaVerriere 1" ....................................... ........ ............... ................ Suffix Title: City Manager ..... ........... *Telephone Number: 561-742-6010 Fax Numberi 7 *Email: bfl.us *Signature of Authorized Representative: Date Signed: Page 432 of 1906 ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:404n*u09 Expiration Date:02J28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503, PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. ��(]T�� Ce�m�oft�meosmunanma may m�beapp|�ab�toyour pn�e�orpmgnam. �you have que�ions. please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. |fsuch isthe case,you will b*notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1 Has the legal authority toapply for Federal assistance, B. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of1W7O(42U.S.C. 004728-4763) relating\oprescribed (including funds sufficient 10pay the non-Federal share standards ufmerit systems for programs funded nfproject costs)toensure proper planning, under one ofthe 1Ostatutes urregulations specified im management and completion ufproject described in Appendix AofDPM'sStandards for aMerit System nf this application. Personnel Administration(5CF.R. QO0. Subpart F). 2. Will give the awarding agency,the Comptroller General S. Will comply with the Lead-Based Paint Poisoning ofthe United States and, ifappropriate,the State, Prevention Act(42U.S.C §§4801e1moq,)which the right tmexamine all records, books, papers, nr prohibits the use oflead-based paint inconstruction nr documents related tothe assistance; and will establish rehabilitation ufresidence structures. aproper accounting system inaccordance with generally accepted accounting standards oragency 10. Will comply with all Federal statutes relating 1onnn- dinactives. discrimination.These include but are not limited Vm� (a) Title VI nfthe Civil Rights Act of1Q84(RL 88-352) 3. Will not dispose of, modify the use of,orchange the which prohibits discrimination onthe basis ofrace, terms ofthe real property title mrother interest|nthe color ornational origin; (b)Title|Xofthe Education site and facilities without permission and instructions Amendments oy1O72. maamended(2OU.S.0 §§1601 from the awarding agency.Will record the Federal 1G83. and 16V5-i6O6).which prohibits discrimination awarding agency directives and will include acovenant onthe basis nfsex; (n)Section GO4ufthe inthe title ofreal property acquired inwhole*rinpart Rehabilitation Act uf1Q73.00amended(29)U.O.C. with Federal assistance funds to�aeunm non' §7Q4).which prohibits discrimination nnthe basis of discrimination during the useful life ofthe project. handicaps; (d)the Age Discrimination Act uf1975. mu 4 Will comply with the requirements ofthe assistance emended(42U.G.C. O061O1'6107).which prohibits awarding agency with regard 10the drafting, review and discrimination onthe basis ufage; (a)the Drug Abuse approval ofconstruction plans and specifications. Office and Treatment Act of1Q72(P.LQ2-255), as amended relating(onondiscrimination onthe basis cf § Will provide and maintain competent and adequate drug abuse� (f)the Comprehensive Alcohol Abuse and engineering supervision a1the construction mke1m Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work uonfonnawith the Act»f197O(P.L91-816). asamended, relating\o approved plans and specifications and will furnish nondiscrimination onthe basis ofalcohol abuse or progressive reports and such other information asmay he alcoholism; (Q)#Q523 and 527nfthe Public Health required bythe assistance awarding agency orState. Service Act of1Q12(42U,8C. §§2B0dd-3and 2QOee 3). eeamended, relating 10confidentiality ofalcohol 8. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title N||ofthe time frame after receipt ofapproval ofthe awarding agency. Civil Rights Act of1908(42U-Q,C §§3801etoeq.). mo emendwd. m|adng�nnondiecrimin�tionin�he�m|� 7. Y�||e�ab|ishme�guends toprohibit employees from ne��|ur�n�noingofNousing� (i)anyother ' using their puuiOons for apurpose that ounmU��s or nondiscrimination prmNu|ona�nthe spe��u�at��(o) p�u��m�heeppeonynceofpe��ne|ororQ�n��t|ona| ' conflict ufinterest,orpersonal gain. under which application for Federal assistance iabeing made; and 0)the requirements nfany other nondiscrimination state(e)which may apply tothe application. Previous Edition Usable Authorized for Local Reproduction Standard Form*o4o(Re«r-97 Prescribed by OMB Circular A-1ua Page 433 Of 1906 11. Will comply, or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles 11 and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955, as amended(42 U.S.C. §§7401 et seq.); (g) 1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as acquired as a result of Federal and federally-assisted amended(P.L.93-523); and, (h) protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973, as amended (P.L. 93-205). Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.) related to protecting §§1501-1508 and 7324-7328)which limit the political components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable,with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliancewith Section 106 of the National Historic Preservation Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act Act of 1966, as amended(16 U.S.C.§470), EO 11593 (40 U.S.C. §276c and 18 U.S.C.§874), and the Contract (identification and protection of historic properties),and Work Hours and Safety Standards Act(40 U.S.C.§§327- the Archaeological and Historic Preservation Act of 333)regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq). construction subagreements. 14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and Section 102(a)of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the Single AuditAct Amendments of 1996 and OMB Circular No.A-133, (P.L. 93-234)which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other 15. Will Comply with environmental standards which may be Federal laws,executive orders, regulations, and policies governing this program. prescribed pursuant to the following: (a)institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of Environmental Policy Act of 1969(P.L. 91- the Trafficking Victims Protection Act(NPA)of 2000,as 190)and Executive Order(EO) 11514; (b)notification amended(22 U.S.C.7104)which prohibits grant award of violating facilities pursuant to EO 11738;(c) recipients or a sub-recipient from (1)Engaging in severe protection of wetlands pursuant to EO 11990-1 (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3) Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C. §§1451 et seq.); (f)conformity of ........... ..... SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE ....... City Manager .............................................................................. APPLICANT ORGANIZATION DATE SUBMITTED City of Boynton Beach ............... -SF-424D(Rev.7-97)Back Page 434 of 1906 Specific Community Development Block Grant 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 plan identifies community development and housing needs and specifies both short-term and long-terra community development objectives that that have been developed in accordance with the primary objective of the CDBG program(i.e., the development of viable urban communities,by providing decent housing and expanding economic opportunities,primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570. Following a Plan --It is following a current consolidated plan that has been approved by HLJD. Use of Funds--It has complied with the following criteria: 1. Maximum Feasible Priority, With respect to activities expected to be assisted with C funds,it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low-and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies arc designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDB G Certification). 2. Overall Benefit.,The aggregate use of CDBG funds,including Section 108 guaranteed loans, during program year(s), FY 2019 [a period specified by the grantee 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 person-,during the designated period. 3. S...,.ecial Assessments. 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 low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, However, if CIS Cr funds are used to pay the proportion of a fee or assessment that relates to the 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. In addition,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 cover the 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 demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to Or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Page 435 of 1906 Compliance with Anti-discriminationlaws--The goyant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d)and the pair Housing Act(42 U.&C. 3601-3619) and implementing regulations. Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirerrients of 24 CFR Part 35, Subparts A,B, J,K and R. Compliance with s --It will comply with applicable laws. Signature of Authorized Official Date Citi Manan er -w.>>o...,..,....,. Title Page 436 of 1906 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. Uniform Relocation Act and 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, (42 U.S.C. 4601-4655)and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on 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,the 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 than 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, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan--The housing activities to be undertaken with Community Development Block Grant,HOME,Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u)and implementing regulations at 24 CFR Part 135. _. .® ...... _........................ .......__....... _. Signature of Authorized Official Date City Manager Title Page 437 of 1906 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: 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 into 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. Page 438 of 1906 OMB Number.4040-0004 Expiration Date:12/31/2022 Application for Federal Assistance SF-424 "1.Type of Submission: "2.Type of Application: "If Revision,select appropriate lettegs): Preapplication ®New ®Application ElContinuation *Other(Specify): Changedicorrected Application ❑Revision *3.Date Received: 4.Applicant Identifier, 5a.Federal Entity Identifier: 5b.Federal Award Identifier: l State Use Only: 6.Date Received by State: 7.State Application Identifier: 8.APPLICANT INFORMATION: .a.Legal Name: City of Boynton Beach *b.Employerfraxpayer Identification Number(EIN/TIN): *c.UEI: 59-6000282 072247133000 d.Address: •Slreetl: 100 East Ocean Avenue , n, - Street2: *City: Boynton Beach County/Parish: palm Beach *State: FL Florida Province: n *Country: USA UNITED STATES *Zi I Postal Code: P 33435-0310 e.Organizational Unit: Department Name: Division Name: v Development Community Improvement f.Name and contact information of person to be contacted on matters involving this application: Prefix: IMr "First Name lRJ Middle Name: Suffix: Last Name: .._�......._(Ramirez _� I — Title Community Improvement Program Manager 1 Organizational Affiliation: ... . *Telephone Number: 561-742-6359 I Fax Number. .a ,, .......� *Email ramirezr@bbfl.us �.... Page 439 of 1906 Application for Federal Assistance SF-424 "9.Type of Applicant 1:Select Applicant Type: ..... .. C: City or Township Government Type of Applicant 2:Select Applicant Type: ....... ..____ _ Type of Applicant 3:Select Applicant Type: Other(specify): _.i "10.Name of Federal Agency: ... ......... ............_-____.... ,United States Department of Housing and Urban Development 11.Catalog of Federal Domestic Assistance Number: 114.218 CFDA Title: ................................ .. .............. CDBG I "12.Funding Opportunity Number: ...... B-20-MC-12-0043 Title: ........... ------- _ ._m__......... Community Development Block Grant CARES Act. i i 13.Competition Identification Number: I Title: I 14.Areas Affected by Project(Cities,Counties,States,etc.): � Add Attachment *15.Descriptive Title of Applicant's Project: . ._......... . ..... Emergency Rental Assistance and Public Services/Food Distribution e ..................... ....... ...... . � .......... Attach supporting documents as specified in agency instructions. Add Attachments i Page 440 of 1906 Application for Federal Assistance SF-424 16.Congressional Districts Of: *a.Applicant 23 'b.Program/Project Attach an additional list of Program/Project Congressional Districts if needed. Add chment 17.Proposed Project: *a.Start Date: 108/03/2021 "b.End Date 08/03/2022 18.Estimated Funding M: "a.Federal 911,189.00 *b.Applicant *c.State "d.Local *e.Other *f. Program Income 0.00 *g.TOTAL 911,189 00 *19.Is Application Subject to Review By State Under Executive Order 12372 Process? r a.This application was made available to the State under the Executive Order 12372 Process for review on _. b.Program is subject to E.O. 12372 but has not been selected by the State for review, ® c.Program is not covered by E.D.12372. *20.Is the Applicant Delinquent On Any Federal Debt? (if"Yes,"provide explanation in attachment.) ❑Yes ®No If"Yes",provide explanation and attach 21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances' and agree to comply with any resulting terms if I accept an award.l am aware that any false,fictitious,or fraudulent statements or claims may subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001) ® "I AGREE **The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mrs. `First Name: ILori [ Middle Name: *Last Name: aVexriere Suffix: "Title: City Manager I � � g *Telephone Number. `561-792-6010 Fax Number: ......., ...... ... Email: ILaVerriereL@bbf1.us LS19 nature of Authorized Representative: - *Date Signed: i Page 441 of 1906 ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009 Expiration Date:02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503, PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY, NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970(42 U.S.C. §§47284763) relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R. 900, Subpart F). 2. WII give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate, the State, Prevention Act(42 U.S.C. §§4801 et seq.)which the right to examine all records, books, papers,or prohibits the use of lead-based paint in construction or documents related to the assistance;and will establish rehabilitation of residence structures. a proper accounting system in accordance with 10. Will comply with all Federal statutes relatingto non- directives. accounting standards or agency discrimination.These include but are not limited to: (a direectivctiv es. ) Title VI of the Civil Rights Act of 1964(P.L. 88-352) 3. Will not dispose of,modify the use of, or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972, as amended(20 U.S.C.§§1681 from the awarding agency.Will record the Federal 1683, and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex;(c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended(29)U.S.C. with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps; (d)the Age Discrimination Act of 1975,as 4. Will comply with the requirements of the assistance amended(42 U.S.C. §§6101-6107),which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse approval of construction plans and specifications. Office and Treatment Act of 1972(P.L. 92-255),as amended relating to nondiscrimination on the basis of 5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation ensure that the complete work conforms with the Act of 1970(P.L.91-616), as amended, relating to approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or progressive reports and such other information as may be alcoholism; (g)§§523 and 527 of the Public Health required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee 3),as amended, relating to confidentiality of alcohol 6. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C. §§3801 et seq.), as amended, relating to nondiscrimination in the sale, 7. Will establish safeguards to prohibit employees from rental or financing of housing; (i}any other using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s) presents the appearance personal or organizational under which application for Federal assistance is being conflict of interest, or personal gain. made;and 0)the requirements of any other nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 Page 442 of 1906 11. Will comply, or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955,as amended(42 U.S.C. §§7401 et seq.); (g) 1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as acquired as a result of Federal and federally-assisted amended (P.L.93-523); and, (h) protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973,as amended(P.L. 93-205). Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. §§1271 et seq.) related to protecting §§1501-1508 and 7324-7328)which limit the political components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable,with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act Act of 1966, as amended(16 U.S.C.§470), EO 11593 (40 U.S.C. §276c and 18 U.S.C.§874), and the Contract (identification and protection of historic properties),and Work Hours and Safety Standards Act(40 U.S.C.§§327- the Archaeological and Historic Preservation Act of 333)regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq). construction subagreements. 14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and Section 102(a)of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the Single Audit (P.L.93-234)which requires recipients in a special Flood Act Amendments of 1996 and OMB Circular No.A-133, hazard area to participate in the program and to purchase "Audits States, Local Governments, and Non-Profit Organizations."ions." flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other Federal laws,executive orders, regulations, and policies 15. Will comply with environmental standards which may be governing this program. prescribed pursuant to the following: (a)institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(8)of Environmental Policy Act of 1969(P.L. 91- the Trafficking Victims Protection Act(NPA)of 2000,as 190)and Executive Order(EO) 11514; (b)notification amended(22 U.S.C.7104)which prohibits grant award of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from(1)Engaging in severe protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3) Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C. §§1451 et seq.); (f)conformity of ......... ..........................m. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE � City Manager I' u,u, aaaaaam�w„a, APPLICANT ORGANIZATION DATE SUBMITTED City of Boynton Beach _...® .. .. SF-424D(Rev.7-97)Back Page 443 of 1906 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. Uniform Relocation Act and 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 a-mended, (42 U.S.C. 4601-4655)and implementing regulations at 49 CFR Part 24. It has in effect and is following a.residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. A nti-Lobbying--To the best of the jurisdiction's knowledge and belief-, 1. No Federal appropriated funds have been paid or will be paid,by or on 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,the 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 than 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, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph I and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers(including subcontracts,sub ants,and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan--The housing activities to be undertaken with Community Development.Block Grant,HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 )and implementing regulations at 24 CFR Part 135. ............. .................... Signature of Authorized Official Date City ManU_er Title Page 444 of 1906 Specific Community Development Block Grant 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 plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program(i.e.,the development of viable urban communities,by providing decent housing and expanding economic opportunities,primarily for persons of low and moderate income)and requirements of 24 CFR Parts 91 and 570. Following a Plan--It is following a current consolidated plan that has been approved by HUD. Use of Funds--It has complied with the following criteria: 1.Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds,it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low-and moderate-income families or aid in the prevention or elimination of slums or blight.. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available(see Optional CDBG Certification). 2, Overall Benefit. The aggregate use of CDBG funds,including Section 108 guaranteed loans, during program year(s) FY 2019 [a period specified by the grantee 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. 3. SI,.jpciaJ Assess.ments.. It will not attempt to recover any capital costs of public improvements ............ assisted with CDBG funds,including Section 108 to guaranteed funds,by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However,if CDBG Rmds are used to pay the proportion of a fee or assessment that relates to the 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. In addition,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 cover the 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 demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Page 445 of 1906 Compliance with Anti-discrimination laws--The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d)and the Fair Housing Act(42 U.S.C. 3601-3619) and implementing regulations. Lead-Based Paint-- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, 3,K and R. Compliance with Laws--It will comply with applicable laws. Signature of Authorized Official Date City Manager Title Page 446 of 1906 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: 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 into 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. Page 447 of 1906 • IfIN COMMUNITY DEVELOPMENT BLOCK GRANT (CDRG) FUNDING APPLICATION CDRG-CV FOR INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON DEPARTMENT OF DEVELOPMENT COMMUNITY IMPROVEMENT DIVISION 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone: 561-742-6359 RJ Ramirez Community Improvement Program Manager Email: .ramirezr@bbfl.us Agency Name:Boynton Beach Faith Based Community Development Cam Page 448 of 1906 Project: Emer encV Rental Assistance APPLICATION Submit: X Application is signed and dated. By Director, and Board Chairperson K 501(c) (3) Determination Letter X Board Member list. X Copy of latest audit. X All funding sources for this project identified. ADDITIONAL ATTACHMENTS X Attachment 1 Agency Articles of Incorporation and Agency By-laws Attachment 2 Copies of current license(s) needed to operate (if applicable to the funded activity) CDBG-CV Funding Request i Page 449 of 1906 A. GENERAL INFORMATION 1. Name of Applicant: Boynton Beach Faith Based Community Development Corp X Non-profit Neighborhood Association For-Profit CHDO (Provide copy of your IRS ruling providing tax exempt status under Section 501(c)(3)of the 1986 IRS Code if you are a non- profit) 2. Name of Project: Rental Assistance Program 3. Area or Location of Project: City of Boynton Beach 4. Contact Person/Title: Keturah Joseph/Executive Director (Preferably Pres./Director) Email Address: kwbbfbcdc@yahoo.com OR kioseph@boyntonbeachcdc.org Additional Contact Person/Title: Sherry Johnson (Preferably Person responsible for preparing reports) Alternate Email Address:.slohnson@boyntonbeachcdc.org Mailing Address/Zip: PO Box 337, Boynton Beach, FL 33425 Telephone: 561-752-0303 Fax: 561-244-5046 5. Grant Request Activity Area: X Public Service Homeless Prevention Services Public Facility Other Public Safety/Crime Prevention Economic Development Senior Services Youth Programs 6. CDBG-CV: (a) Total CDBG-CV Funds Requested $370,000 (b) Total Unduplicated Clients Served 70 (Explain how determined?) Up to 3 months of rental assistance provided per individual/household, based on an average rent of$1,500/per month. Maximum per individual/household =$4,500 Calculation: $370,000- 15% (admin) =$314,500/$4,500 = 69.888 households (c) Average Cost Per Client$4,500 (3 months' rent @ $1,500 per month) 7. Could this project occur without these funds? —Yes X No This Rental Assistance project is being undertaken to spend the City's CDBG-CV,allocation of funds to provide rental assistance to individuals and families impacted by the Coronavirus to prevent, prepare for, or respond to the Coronavirus. Boynton Beach CDC does provide a financial aid program on a much smaller scale to homeless or at-risk of becoming homeless individuals and families and will continue to do so on a funds availability basis- 2 Page 450 of 1906 8. Will this project continue after our funding ends? X Yes_ No Continuation of the project is based on funding availability. Once the CDBG-CV funds are expended the project will end unless the City provides additional funds to continue the project. However, the CDC will continue to solicit funding from various foundations and request "CDBG" funding from the City through regular CDBG funds,to continue to offer rental assistance to Boynton Beach residents after COVID-19 funds end. Presently, Boynton Beach CDC provides housing for at-risk individuals and will continue to do so. B. PROPOSED PROJECT: Project Description: Concisely describe your project. This description will be used in future publications should your application be approved. Limit to four sentences. Tenants residing within the city limits of Boynton Beach may apply for up to 3 months of rental assistance if they have been affected, directly or indirectly, by COVID -19, are determined to be 80% of Area Median Income (AMI), and are at-risk of being homeless. Rental assistance will be paid directly to the landlord and will be applied towards arrears first, and then towards any future rental payments, if it is determined that the extra months are needed to ensure housing stability, and if funds are available. Priority will be given to applicants that are 50% or below of Area Median Income, unemployed for 90 days or more, and have received either a past due notice or an eviction notice. C. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the CDBG-CV funds are proposed to be used. (Attach additional sheets if necessary) Boynton Beach is a qualified Community-Based Development Organization (CBDO) involved and engaged in the Heart of Boynton (HOB) redevelopment activities and is an affordable-housing leader in the City of Boynton Beach. One of the CDC's primary assignments is to address slum and blight and improve the housing stock in the HOB. We create, sustain, and promote access to affordable housing for low and moderate-income individuals and families, the vast majority with household incomes below eighty percent of the area median income. The proposed project is a continuation of our housing efforts and is an eligible activity as specified in 24 CFR570.204(a) - Special Activities by a Community Based Development Organization. This last year the CDC has made an intentional effort to expand its social service department to better link public and private partners together to address the COVID Crisis and fill the gaps in the financial needs of our homeless and at-risk of homelessness populations. As part of PBC's Continuum of Care, we can access the county's Client Management of Information System (CMIS) database to ensure there is no duplication of services for all federal,county, and local program funding sources. BBFBCDC 3 Page 451 of 1906 staff members are skilled at networking among local service providers and can provide outreach to the target population and assess the needs specific to each client. if we do not have the resources necessary for assistance, program staff makes appropriate referrals. What resources we do have are leveraged with other partners to assist clients in the pandemic REBOUND and reach sustainability. Our executive director is an experienced HUD Certified Credit Counselor and Housing Counselor who will be approving all requests for rental assistance on behalf of the City of Boynton Beach (See resume, Keturah Joseph). This project is designed for + Renters whose ability to pay their rent has been negatively impacted by COVID-19. For example by job loss or loss of income incurred as a result of the COVID-19 pandemic. • Renter households that receive a monthly federal subsidy (e.g., a Housing Choice Voucher, Public Housing, or Project-Based Rental Assistance) may receive assistance for the tenant- owed portion of rent or utilities that is not subsidized. • At least 70%of the City's CDBG-CV funds must directly benefit our low and moderate-income citizens, or those that are 80% of Area Median Income (see table attached) priority will be given to those that are 50% • Affected, directly or indirectly, by COVID-19, and • At-risk of being homeless due to COVID-19. Financial Crisis directly related examples: • Documentation showing loss of income, loss of self-employment, reduction in hours, or COVID related medical expenses • For loss of employment, priority is given to unemployment for 90 or more days by at least one household member • Has qualified for unemployment • Increase in expenses due to COVID-19 • Responsible for caring for children/grandchildren at home, or • Caring for or being a high-risk individual. At-Risk of homelessness or housing instability examples: • Eviction notice • Past due rent notice Must provide proof of Income for all adult household members ages 18 to determine household eligibility. Examples can include: • Total household income for 2020 (Tax Returns- IRS Form 1040 ) • Wage statement, Paycheck stubs, Unemployment, Pension, Retirement, Social Security • Determination letter from local, state, or federal government assistance program • Total household income for the two months prior to the submission of the application COVID-19 Financial Hardship Must provide written statement signed by the applicant describing financial hardship due to COVID- 19 (loss of income, laid off, loss of self-employment income, reduction in hours, etc.) 4 Page 452 of 1906 Applications can be submitted directly from individuals or by other social service providers on behalf of their clients. If the CDCs financial assistance is inadequate and does not"cure" applicants' housing issue, and additional financial support is required, our trained staff will assist applicants in accessing other resources to achieve economic stabilization. Once an application is received, it will be checked by staff for completeness.The client will be notified should staff require additional documentation to substantiate and provide adequate proof that the hardship is COVID-19 related. Once the processor feels that the application meets all the necessary guidelines, it will be forwarded to the executive director for consideration and to decide either denial or approval.The director will then process it for payment by preparing a check request to the finance department for payment directly to the landlord. Applications will not be approved and processed for payment until ALL proof of income and documentation requested has been provided. Landlords will be required to provide the following: • Business Address • Tax ID Number (EIN, SSN, ITIN, or ATIN) • Foreign Vendor—Applicable W08 Form • W-9 Form • Foreign Tax 1D • Legal Business Name • DUNS Number—Optional (to indicate that they are doing business with a Government Agency) • Contact information (name, address, email, phone, and fax for EACH of the business functions identified below: o Accounting Department, and o Property Manager Payments will be mailed directly to the landlord according to the address on record. However, property managers are eligible recipients. Boynton Beach CDC will submit monthly invoices to the City of Boynton Beach requesting reimbursement for payments made to landlords on behalf of residents using CDBG-CV funds. BBFBCDC will provide proof of payment with both front and back of checks and any additional documentation required by the City. According to our policies and procedures for retention,the CDC will hold backup documentation for monitoring purposes and audit for the appropriate period required by law. An independent CPA performs an annual audit to determine the proper use of funds and will be submitted to the city upon request. Explain how this program fits with your mission. Our Mission Statement is to develop sustainable communities through services and resources that include home ownership opportunities, real estate development, financial education, and youth development resulting in the spiritual and economic transformation of people. One of the CDC's primary assignments is to create safe, decent, affordable housing opportunities for low and moderate-income individuals/families and prevent homelessness. This is particularly crucial currently 5 Page 453 of 1906 given the economic impact of the COVID -19 pandemic and the desperate need for assistance. Through this program, individuals will regain financial stability and will be empowered to live independently in the communities of Boynton Beach where they will both live and work. How will it impact your current operation? For the past year, we have been implementing a program in the Heart of Boynton (HOB) precisely as described in the project. Unfortunately, our funding was limited, and regrettably, we could assist everyone that requested help. The CDBG-CV funding will allow us to assist more residents (70 additional households) and fund the salaries of two staff persons to facilitate the administrative function of the project. How does this program relate to the Consolidated Plan Priority? It will address the following "Priorities": 1. Homeless prevention 2. Prevent, prepare for, or respond to the Coronavirus Does this program serve a targeted neighborhood,who is the targeted population (at least 70%of the City's CDBG-CV funds must directly benefit our low and moderate income citizens)? The CDBG-CV funds do not have to serve a Low or Median Income (LMI) area/neighborhood. Typically, public service projects use the LMI Limited Clientele CDBG Objective. The project is not targeting a "specific" neighborhood. It will be implemented city-wide. However, the project's target population is households with incomes at or below 80 percent of AMI. Priority will be given to families with incomes at or below 50 percent of AMI. Because this project is a public service activity, at least 70% of the funds will directly benefit low and moderate-income households. Will Program Income be generated from this activity? No program income will be generated. The only fee the CDC will earn is the fifteen percent(15%) "Activity Delivery Costs" detailed in this request to adrninister/implement the project. Where will the Program take place? The program will be implemented city-wide with emphasis on the Heart of Boynton (HOB) and other low-income areas because the need may be greatest in those areas. Our office is located in the HOB at 2191 N. Seacrest Blvd. Boynton Beach, FL 33435. It is the administrative headquarters where files are kept, where staff meets individually with clients and is the drop-off location for requested documents. Due to Covid-19 this last year and a half, staff have primarily utilized virtual technology for face-to-face meetings with clients. Are you working with other organizations in a cooperative effort on the program? We have had to formalize Roles and Responsibilities with the following Government &Agency Partners to provide additional emergency services: • PBC 211 Crisis Line 6 Page 454 of 1906 • Florida Power and Light Assist • PBC's Client Information Management Systems (CMTS) • PBC's SAMIS Portal System to respond to NOFA's and Invoice for Services Renderer • Department of Children & Families—completed all required training to provide services to clients. • Homeless and Housing Association Membership was required to obtain CMIS access. We use Dropbox, Zoom, & QuickBooks to assist in data maintenance, and detailed financial accountability in compliance reports to funders. Copies of staff certifications and user agreements have been submitted to obtain licenses required from PBC, DCF and FPL and are attached. D. Goals/Objectives/Activity Measures: Goal: Homeless Prevention using CDBG-CV Funds. Objective#1— Provide rental and utility assistance to a minimum of seventy (70) eligible Boynton Beach households/residents who have experienced a reduction of household income, incurred significant costs, or experienced financial hardship due to COVID-19. Objective #2 - Provide housing counseling to households suffering negative financial impact from the COVID-19 pandemic to assist in stabilizing their housing situations to prevent loss of residence or eviction. Objective#3- Create a community awareness outreach program via social media,flyers, other social service organizations, and community groups to advertise funding availability, the criteria for applications, and solicit applications from residents at risk of homelessness. Goal: Identify additional resources to ensure household financial stabilization for residents who need more help. Objective#1—Assist residents with employment applications and registration with Employ Florida, provide job placement assistance and referrals to PBC Career Source, the Women's Circle, provide referrals for training and placements to Boca Helping Hands, Feeding South Florida Culinary training, etc. Objective#2— Identify resources for financial benefit programs such as SNAP, other rent and utility assistance programs, unemployment, etc., and assist with completing applications if needed. 7 Page 455 of 1906 Objective##3— Provide online application assistance for families to obtain rent and utility assistance through PSC's OSSCARS, ERA, foundation, and donor assistance to prevent evictions and foreclosures, work with Tenant/Landlord negotiations, referrals to legal aid, and when necessary work to assist with relocations, and Emergency Housing Vouchers through HHA, offer Housing Counseling Services regarding documentation required for financial assistance, crisis budgeting, credit repair and counseling, and referrals. E. ACTIVITY DELIVERY COSTS Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being used. Line Item CD G Funds plicadt' a Prod 1', 4 z K010 cl IVl atc Fri d y ADMINISTRATION: Personnel ( 1.5 ) $45,500 $21,500 (0) $67,000 Payroll Taxes 3,481 1,645 (0) 5,126 Employee Benefits 1,519 3,132 (0) 4,651 Office Supplies Copy Supplies Postage Telephone Professional Services 5,000 5,000 (C) 10,000 Vehicle Fuel/Mileage Other (Insurance, etc.) PROGRAM: Rental Assistance Prog. 314,500 314,500 Other TOTALS $370,000 $31,277 $410,277 F. APPLICANT INFORMATION: (Provide a brief description of each) Capacity of Organization The capacity of the organization has been demonstrated over the last 20 years as a premier affordable housing developer. S Page 456 of 1906 James Horne has been certified by NeighborWorks as a Housing Counselor for more than 12 years. Gloria Goolsby has a BS in Community and Human Services, and a certification as a Behavioral Health Case Manager. Sherry Johnson was the Executive Director of the former Community Caring Center, her background was in Secondary Education as a Math Teacher, credentials in accounting, State Certified as a building contractor, and 20 years as a Social Service provider. Resumes of all staff indicate extraordinary level of education and experiences and credentials in the field of housing and social services. The Executive Director's professional profile consists of: + Over 26 years of management experience within diverse environments • Seasoned affordable housing professional. • Over 25 years of experience in developing, planning, implementing, and directing housing and community development programs. • Over 21 years of real estate sales experience • In-depth knowledge of federal regulations of CDBG, HOME, NSP and State (SHIP) housing programs She can effectively and positively deal with government officials as well as private clients and consultants and has demonstrated sound knowledge of mortgage lending criteria and experience in credit analysis, and underwriting. Past Experience Both the Executive Director, Keturah Joseph, and the Social Service Director,Sherry Johnson, have had over 20 years of experience each with Housing and Urban Development, CDBG Funding through the City of Boynton Beach and Palm Beach County, FEMA's Emergency Food and Shelter Program, and have cleared the compliance review process. Ms. Johnson's LRO received FEMA funding, LRO# 168600-042, since 2009 until 2020. Mission Statement The mission of the Boynton Beach Faith-Based CDC, Inc. is to promote economic revitalization of the community through homeownership, develop and sustain partnerships for efficient use of resources, improved and increase the delivery of social services in the community to children and families by creating a healthy community through nutrition education, social services, and economic development programs. Annual Budget- see attachment for Agency's Annual Budget$720,233 Reporting Capabilities (include sample copy of form(s) used to capture client demographics, services provided, etc.) Do financial statements break down income and expenses by programs to follow revenue and disbursements? Is an Audit performed annually? 9 Page 457 of 1906 The Boynton Beach Faith Based CDC, Inc. will administer the requested funds efficiently and effectively. Because BBFBCDC has been in existence for more than 20 years and is a part of a collaborative effort within the Heart of Boynton area, our outreach, intake, and assessment methods are conducted professionally and compassionately. Each fiscal year, a budget committee and the Executive Director prepare a projected budget and recommend it to the Board of Directors for final approval. An experienced Executive Director and Administrative Assistant handle the day-to-day activities of the finance department that an experienced Board Treasurer oversees. The accounting system is computerized using the non-profit QuickBooks Pro software. An accountant writes checks bi-weekly. All check requests are approved by the Department head and reviewed by the Executive Director for approval and then given to the accountant. In addition,the accountant files all required payroll reports, Quarterly 941 Tax returns, and payments timely. A CPA provides an annual audit and an annual report to the Board of Directors, making any recommendation necessary to improve the fiscal accountability of the organization. Regarding the CDBG funds,the Administrative Assistant will prepare for the City of Boynton Beach copies of checks and invoices for reimbursement on a Monthly/Quarterly basis along with required reports documenting numbers of beneficiaries, and the Executive Director will oversee their submissions. Copies of Financial Check Requests and Reporting Forms used are attached. Governing Body Profile (Does Board membership reflect the community as regards ethnicity, gender and representative of the population served? Is Board Orientation conducted for new members? How often does the Board meet? Include Board Member list) Board Members—All Board Members are residents, community activists, and business leaders. They are African American,3 men and 5 women.They meet once a month.Any new board members would receive an orientation when joining the organization. See Board Member List attachment. Housing Counseling Services Housing Counseling Services an interrelated service-will also be provided to tenant households suffering negative financial impact from the COVID-19 pandemic. It will be provided as a complimentary service and is intended to assist in stabilizing tenant housing situations to prevent loss of residence to eviction. For those in need of the service, staff will provide the following: Financial counseling and assistance with budgeting to bridge financial crisis. Credit counseling to mitigate the negative impact on credit score. Negotiating with landlords on tenants'behalf—Tenant/Landlord counseling. • Referrals to community resources to meet basic needs. • Credit building. Participation is voluntary and will be provided for up to three(3)months and shall be conducted one- on-one or in group format either in-person,remotely via telephone, or via video conferencing software. Each client will receive assistance in creating a written crisis budgeting plan based on their specific household income and expenses. The plan will include guidance on reducing expenses to help them better afford and manage their existing debt. In addition,participants will receive a Certificate of Completion, including the agency's name and the counseling date(s). 10 Page 458 of 1906 G. Conflict of Interest Federal law (24 CFR 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant...or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity...either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors,or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s)who are business partners or immediate family of a City employee, or a member of the City Commission? Yes X No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: 11 Page 459 of 1906 The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body.of the applicant(if applicable).and that the applicant will comply with all the requirements of this grant if the application is approved. Name: �dt� Signatur Title: 'f� r�S� Dater Name:: Signature. Title: Date: CDBG Funding Application Page 460 of 1906 BOYNTON BEACH COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE PROGRAM GUIDELINES Boynton Beach CDC Emergency Rental Assistance Program (ERA) is aimed at stabilizing rental households by helping income-eligible renters within the city limits of Boynton Beach who are past due in rents and/or have suffered loss of income or reduced wages directly or indirectly caused by the COVID-19 pandemic. The program is made possible with approximately $370,000 in Federal CDBG-CV funding from the City of Boynton Beach to prevent, prepare for and respond to the Coronavirus pandemic. Assistance may be provided for unpaid overdue rent(arrears), late fees, and unpaid utility bills. Rental assistance that covers more than one month must be consecutive. Intermittent emergency rental assistance for the same family is not permitted. The CDBG-CV funded emergency payments cannot have a gap in funding. Payments will be made to the provider (landlord and utility companies)on behalf of the individual family and not directlyto an individual or family. Who is Eligible for Assistance? Rental Assistance is only available for households that have been impacted by COVID-19 either directly or indirectly. An "eligible household" is defined as a renter household in which at least one or more individuals meets the following criteria: • Must be a resident of the City of Boynton Beach, and obligated to pay rent on a residential dwelling located in the City of Boynton Beach; • One or more individuals qualifies for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly to COVID-19; • One or more individuals within the household demonstrate a risk of experiencing homelessness or housing instability; and • The total household's income (2020) does not exceed 80 percent of the Area Median Income (AMI). *** NOTE: As per federal regulation, this program prioritizes assistance to households with income less than 50%of the area median income and to households with one or more members that have been unemployed for at least 90 days. Priority Applicants Eligible households will be prioritized in the following order: • Households in active eviction status and at risk of homelessness • Households with income at or below 50 percent of the Area Median Income (AMI) • Households with an adult member who has been unemployed for more than 90 days. Page 461 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE - PROGRAM GUIDELINES Applications that meet eligibility criteria but do not receive prioritization will be processed in the order they are received, once current, prioritized applications have been reviewed. 2021 Income Category Chart 50% Area :11I edian Median Income Income 1 $30,000 $47,950 2 $34,250 $54,800 3 $38,550 $61,650 4 $42,800 68,500 5 $46,250 $74,000 6 $49,650 $79,500 7 $53,100 $84,950 8 $56,500 $90,450 Assistance The funding under this program will be used to make direct payments to landlords and/or utility providers on behalf of qualifying tenants. The payments: • Will cover an eligible tenant's documented past-due or future rent only for the period beginning March 13, 2020, to present and/or can cover three months' rent based on funds availability. • Cannot exceed 3 months of assistance based on the household's need to include past-due rent, future rent and utilities) with a cap of$4,500 per household if needed. • Utilities paid through this program include water and sewer, power and gas. • Other housing-related expenses include (on a case-by-case basis) relocation expenses and rental fees of displaced households and reasonable accrued late fees. • The program cannot duplicate assistance and will not help with rent or utility expenses that have been paid or will be paid/reimbursed by another program. • An applicant/household may only apply for assistance for months that have not already been paid by another source of funding. • If an eligible household receives a monthly federal subsidy (Housing Choice Voucher, Public Housing, or Project Based Rental Assistance) and the tenant's rent is adjusted according to changes in income, the household may receive assistance for the tenant's portion of the rent expense. • Assistance request will be processed on a first-come, first-ready, first-serve basis, with the exception of the noted priority, and based on funding availability. 2 Page 462 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE - PROGRAM GUIDELINES Eligible Expenses • Past-due rent and utilities. • Current and future rent and utilities. • Late fees. • Security and utility deposits, application fees, and screening fees (relocation expenses). Selection Criteria To qualify for the program, applicants must meet all of the following requirements: • Be a City of Boynton Beach resident (all property folios in the City of Boynton Beach begin with 08). • Have a household total income (2020) that does not exceed 80 percent of the Area Median Income (AMI). • Must be a U.S. citizen, permanent resident or granted legal status. • Must experience hardship due to loss or reduction of income related to COVID-19. • Must not have liquid assets or other sources of capital that can be used for rent. • Must not have received assistance from any other agency providing the same assistance for the same period. • The applicant or an adult member of the household must be experiencing housing instability that is related to COVID-19. • Must not have received assistance from any other agency providing the same assistance unless able to demonstrate continuous hardship. Required Documentation Applicants who meet the eligibility criteria above must provide the following documentation: 1) Completed application with copies of all of the required documentation as indicated on the application. Submission of an application does not guarantee the applicant will receive assistance. 2) A written statement signed by the applicant(s) describing financial hardship due to COVID-19 (loss of income, laid off, reduced hours, furloughed) Proof of COVID- 19 hardship). 3) Documentation showing: loss or reduction of income due to COVID-19, COVID related unemployment, or proof of hardship. 4) If self-employed, profit and loss statement and three (3) most recent bank statements are required. 5) Driver's license or photo identification card, and/or Passport, Resident/Green Card, Naturalization Certificate and social security cards for all persons over 8 years old residing in the household. 6) Birth certificates (with parent(s) or applicant's name listed), Passport, Resident/Green card, Naturalization Certificate, and Social Security cards for each current resident under 18 years old residing in the household. 7) Notice of collecting Social Security Numbers (if applicable). 8) Copy of eviction notice, notice to vacate, or eviction case information. 3 Page 463 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE - PROGRAM GUIDELINES 9) Signed Lease Agreement with not less than one-year term. 10) Past due rent notice. 11) Documentation evidencing unsafe living conditions (if applicable). 12) Evidence of risk of homelessness (if applicable). 13) Income documentation for all household members- must provide one or more of the following: 14) 2020 Tax return (IRS Form 1040) (if applicable). a) 2020 Tax Return b) Wage statement, Paycheck stubs, Pension, Retirement, Social Security, Child/Spousal Support. c) Determination letter from local, state, or federal government assistance program. d) Self-Certification of Annual Income (if applicable). e) Bank statements for three months prior to date of application that show wage payments (if applicable). f) Unemployment Statement (if applicable). g) Bank statements for three months prior to date of application that show wage payments (if applicable). h) Unemployed applicant's affidavit (if applicable). i) SNAP, TANF or Medicaid statement—approval letter dated within 60 days (2 months of application date. NOTE: Paystubs dated within 60 days (2 months) of date of application Each source of income will require associated documentation for verification For Utilities: • Current or past due utility bill or invoice from utility provider(s) that includes applicant name, tenant address, amount due, due date, utility provider name and address. • If applying for utility assistance only (not rent), applicant must also provide a current, signed lease agreement. Level of Assistance Eligible applicants/households will receive assistance for the following: • Past-due rent (rent arrears for up to 3 months of assistance with a cap of $4,500 per household. • Utility arrears plus current month utility expense if applicant provides current utility bill. • Applicants will be required to provide documentation to support their eligibility for assistance. • Assistance that covers more than one month must be consecutive. Applications will be accepted until funds are depleted. Incomplete applications will not be accepted. Payment Method 4 Page 464 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE - PROGRAM GUIDELINES • Rental assistance payments will be made directly to landlord. Utility payments will be made directly to utility providers. No Duplication of Benefits • Assistance provided for an eligible household may not duplicate any other assistance, including federal, state, and local assistance provided for the same costs. • An eligible household that occupies a federally subsidized residential or mixed-use property may receive assistance, provided that funds are not applied to costs that have been or will be reimbursed under any other federal assistance. • If an eligible household receives a monthly federal subsidy (e.g., a Housing Choice Voucher, Public Housing, or Project-Based Rental Assistance) and the tenant rent is adjusted according to changes in income,the renter household may receive assistance for the tenant-owed portion of rent or utilities that is not subsidized. Landlord Information Program preference is for the payment to be directed toward the landlord. However, property managers are all eligible recipients. An eligible landlords and tenant must satisfy the following criteria to be eligible to receive a COVID-19 Relief payment from the landlord: • Executed lease (signed by tenant and landlord) • Ledger or rent statement documenting past-due amounts and signed by landlord • Late Notice or Eviction Notice from landlord (if applicable) • Contact Information for landlord (Name, Phone Number, Email) • Landlord completed W-9 Utility Assistance Documentation Needed • Most recent utility bill showing past-due amounts (address must match) Current lease (Name, Phone Number, Email Address) Prior Assistance Verification • Applicants are required to provide information about any rent or utility payments previously received from a local, state, federal or non-profit program to cover the same months as those in the application for assistance. • Acceptable documents include award letters and/or copies of payments received for any prior rental/utility assistance. Approval Process Applications can be submitted directly from individuals or by other social service providers on behalf of their clients. When an application is received, staff will review it for completeness. The applicant will be notified should staff require additional information documentation to substantiate and provide adequate proof that the hardship is COVID-19 related. Once the processor feels that the application meets all the necessary guidelines, it will be forwarded to the directorfor consideration.The director will review each application to certify eligibility and grants 5 Page 465 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. EMERGENCY RENTAL ASSISTANCE - PROGRAM GUIDELINES approval or denial. If approval is granted the director will then process it for payment by preparing a check request to the CPA for payment to the landlord and/or utility company. Payments will be mailed directly to the utility company and landlord. However, property managers are eligible recipients. Landlords will be required to provide the following: • Business Address • Tax ID Number (EIN, SSN, ITIN, or ATIN) • W-9 Form • Legal Business Name • DUNS Number — Optional (to indicate that they are doing business with a Government Agency) • Contact information (name, address, email, phone, and fax for landlord and property manager If the CDCs financial assistance is inadequate and does not "cure" the applicants' housing issue and additional financial support is required, our trained staff will assist applicants in accessing other resources to achieve economic stabilization. Housing Counseling Services Housing Counseling Services will be provided to tenant households suffering negative financial impact from the COVID-19 pandemic. Housing counseling services are intended to assist in stabilization of tenant housing situations to prevent loss of residence and eviction. For those in need of the service, staff will provide the following: • Financial counseling and assistance with budgeting to bridge financial crisis. • Credit counseling to mitigate negative impact on credit score. • Assistance to tenant, as needed, by negotiating with landlord — Tenant/Landlord counseling. • Referrals to community resources to meet basic needs. • Credit building. Service Parameters: • Housing counseling services will be provided for up to three (3) months and shall be conducted one-on-one or in group sessions with client households, and maybe offered in-person, or remotely via telephone or via video conferencing software. • Counseling services shall be provided in no less than one (1) counseling session that is no less than two (2) hours in length. • Each client will be provided a written crisis budgeting plan, based on their specific household income and expenses. At a minimum, the plan should include guidance on how to reduce expenses, which would help them better afford and manage their existing debt. • Clients will receive a Certificate of Completion, including the name of the agency, client, and the date(s) the counseling services were provided. 6 Page 466 of 1906 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. 0, BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: Date: 65-0971509 DLN: 11053073775004 BOYNTON BEACH FAITH BASED COMMUNITY Contact Person: DEV CORP SANDRA MAK ID4 95023 PO BOX 337 Contact Telephone Number: BOYNTON BEACH, FL 33425-0000 (877) 829-5500 Public Charity Status: 170 (b) (1) (A) (vi) Dear Applicant: Our letter dated October 2000, stated you would be exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code, and you would be treated as a public charity, rather than as a private foundation, during an advance ruling period. Based on the information you submitted, you are classified as a public charity under the Code section listed in the heading of this letter. Since your exempt status was not under consideration, you continue to be classified as i an organization exempt from Federal income tax under section 501 (c) (3) of the Code. Publication 557, Tax-Exempt Status for Your Organization, provides detailed information about your rights and responsibilities as an exempt organization. You may request a copy by calling the toll-free number for forms, (800) 829-3676. Information is also available on our Internet Web Site at www,irs.gov. i If you have general questions about exempt organizations, please call our toll-free number shown in the heading between 8:00 a.m. - 6:30 p.m. Eastern time. Please keep this letter in your permanent records. Sincerely yours, Lois G. Lerner Director, Exempt Organizations Rulings and Agreements Letter 1050 (DO/CG) Page 467 of 1906 dbr/! �$�C Department or the`1'reasuly RS I11iernr1l Revi'llue ScE-Vice P:, O . Box 2508 In reply refer to : 0248574153 Cincinnati OH 45201 Apr . 13, 2011 LTR 4168C EO 65-0971509 000000 00 00017038 BODC : TE BOYNTON BEACH FAITH BASED COMMUNITY DEV CORP Y. COURTNEY C CAIN r PD BOX 337 BOYNTON BEACH FL 33425-0337 105420 Employer Identification Number : 65-0971509 Person to Contact : MS . JOCKERS Toll. Free Telephone plumber : 1-877-829-5500 Dear TAXPAYER : This is in response to your Apr . 04 , 2011 , request for information regarding your tax-exempt status . Our records indicate that you were recognized as exempt under section 501 (c) (3) of the Internal Revenue Code in a determination letter issued in OCTOBER 2000 . Our records also indicate that you are not a private foundation within the meaning of section 509 (a) of the Code because you are described in section (s) 509 (a) ( 1) and 170 (b) ( 1) (A) (vi) . Donors may deduct contributions to you as provided in section 170 of the Code . Bequests , legacies , devises , transfers , or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they ::beet the applicable provisions of sections 2055 , 2106 , and 2522 of the Code . Please refer to our website www. irs . gov/eo for information regarding filing requirements . Specifically, section 6033(3 ) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file . We will publish a list of organizations whose tax-exempt status was revoked under section 6033 (,7 ) of the Code on our website beginning in early 2011 . Page 468 of 1906 0248576153 Apr . 13, 2011 LTR 4168C EO 65-0971509 000000 00 00017039 BOY14TON BEACH FAITH BASET] COMMUNITY DEV CORP COURTNEY C CAIN PO BOX 337 BOYNTON BEACH EL 33425-0337 If you have any questions , please call us at the telephone number shown in the heading of this letter . Sincerely yours , S. A . Martin , Operations Manager Accounts Management Operations Page 469 of 1906 �UQ�i! M �Y�/��f�•• •�MM�r� �•� t� •*iM�M�••�p M�p� pU i••Yq AVL IQs .. __ (�11riH.HS9Ifljl � �C 4 S ' 4m • ' , 04 S WWI Rc c x§5 ©` 0 0 9 0 8 Al pAl 0 MA ©IlE s44 , h ems. ✓'� v S S L C. L �b #� SQA i - r • • �OC� ps oil - .fir y •. •- • i •� ��• ,' • � '� SOC •M.M i.Q...,p. 110 pMONAM . PM W- M. 07 •• •r�J��USM]( © Up•�Y� �{l � 0\, �Y �Y a 6 X D v D TFSEPH ME SFJ GO AUG 24 PM 3: 17 LOCAL INITIATIVES SUPPORT CORP. LAKES ®LV® S7B 1aQt3 rt4LL�1r�.;� i:.� Tlr z` �-0 WA -1 555 PALM BEACH LAK � FL 334.01 2323' Vt T PALM BEACW Office Use Only CORPORATION NAME(S) & DOCUMENT NUMBER(S),(if known): Y. {3]ontiment } Cozporatian Warne) i 2. (Corporation ame) 3. (Document Y} (Corparakion Isame) 3 4. ocument N) Corporation Name) ® Walk in Pick up time ❑ Certified Copy Mail out Will wait ❑ Photocopy ® Certificate of Status E 1 AMENDMENTS NEW FILL - ❑ Profit ❑ Amendment ® Not for Profit ❑ Resignation of R.A., officer/Director ® Limited Liability ❑ Change of Registered Agent ❑ Dornestication 4 ❑ Dissolution/Withdra«ral L3 Other L] Merger I� J 1 REGISTRATION/ UALIF'ICA.TION OTHER FILINGS - Q Annual Report ® Foreign i ❑ Fictitious Name ® Limited Partnership ® Reinstatement Q Trademark ❑ Other Examiner's Initials CR2031(7/M Page 471 of 1906 1 � 1 TRANSMITTAL LETTER Department of State Division of Corporations � C"P. O.Box 6327 Tallahassee,FL 32314 ^� :? tQ �3 py l SUBJECT., BoyNTQN_. BEACH FAIT'$ BASED COMMUNITY DBVELOPMENT CORP. -.... (Proposed c9rp r eo at name-must include suffix) 91300030 r s.1 9-----0 -12/21/99-01007-017 *****87.50 *****87.50 k 'f Enclosed is an original and one(1)copy of the articles of incorporation and a check for: - ❑ $70.00 ❑ $78.75 ❑$78.75 w $87.50 - Filing Fee Filing Fee& Filing Fee Filing Fee, Certificate of &Certified Copy Certified Copy Status &Certificate ADDMONAL COPY REQUIRED FROM: _ 1tji 1 1i .'war- - - Name(Printed or typed) 428 NW 3rd A'V'M. — - Address City,State&Zip — -5.6..1—8�?-{]�,�it, -- -• .. _. . _ . Daytime Telephone number NOW: Please provide the original and one copy of the articles. U - milli �� V ,L ,i S a r A s ARTICLES of INCORPORATION OF BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION We, the undersigned natural persons of the age of eighteen (1 S) years or more, at the State of Florida, acting as:Incorporators of a least two (2) of whom are citizens of Corp under the Florida Non-Profiit Corporation .Act, do hereby adopt the following Articles of Incorporation for such corporation: 1. Name: The name of the corporation is Boynton Beach Faith Based �mnnity Development Corporation. 2. Non-Profit Corporation. The corporation is a non profit-corporation. - 01 -V 0- on is said to have perpetual existence. 3. Duration: The corporati . N N corporation is organized is to: 4. Purposes: The purpose for which Promote the financial revitalization of the community through business and real estate ownership, provision of services, home ownership and improvement, unification of residents,resistance to gentrification. Develop and sustain partnerships with various groups and agencies in the Boynton Beach Target Neighborhood in order to ensure that development is streamlined and resources are put to the most efficient use. • Increase homeownership opportunities in Boynton Beach. Reduce the number of vacant lots in the neighborhood and thereby reduce spot blight and crime. Improve and increase the delivery of social services to the neighborhood. The Boynton Beach Target Neighborhood is that geographical area located in the City of Boynton Beach, Florida, that is delineated by NE & NW dth Avenues to the South, NE & NW 13th Avenues to the North, interstate 95 to the West and the FEC - Railroad to the East. The foregoing statement of purposes shall be construed as a statement of both purpose and powers, and the purpose and powers stated in each clause shall, except where otherwise expressed, be in no way limited or restricted by any reference to or inference from the terms or provisions of any other clauses, but shall be regarded as independent purposes and powers. Notwithstanding any other provisions of these Articles of Incorporation, the corporation shall not conduct or carry on any activities not permitted to be conducted or carried on by an organization exempt from taxation under Section 501 (c) (3) of the Yntemal Revenue Code and its regulations as they now exist or as they may be hereafter be amended, or by an organization, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code and Regulations as they now exist or as they may hereafter be amended. This corporation is organized pursuant to the Florida Non-Profit Corporation .Act, and does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes. 5. Registered Office: The initial registered office of the company shall be 428 NW 3`1 Avenue in Boynton Beach, FL 33435 in the County of Palm Beach. 6. Registered Agent: The registered agent of the company shall be Willie Ward. - 7. Limitation of powers: No part of the net earnings of the corporation shall inure to the benefit of or be distributed to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article 4 hereof. No part of the activities of the corporation shall be to participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on (1) by a corporation exempt from Federal Income Tax under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law); or (2) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law). 8. Dissolution: Upon the dissolution of the corporation, the Board of Trustees shall, after paying or making provisions for the payment of all the liabilities and obligations of the corporation, dispose of any and all of the assets of the corporation exclusively 3 for charitable, educational, or scientific purposes as shall at the time qualify as an i exempt organization or organizations under Section 501 (c) (3) of the Internal Revenue Service of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board of Trustees shall determine. Any such assets not so disposed of shall disposed of by the Court having jurisdiction in the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization, as said Court shall determine, which are organized and operated exclusively for such purpose. 2 Board of Trustees: The number of trustees constituting the organizing Board of Trustees of the corporation is seven (7), and they shall serve in this capacity only until a full. Board of"Trustees has been installed in accordance with the by-laws. The names and addresses of the persons who are to serve as the organizing trustees are: lyame• Address: . . Courtney Cain 1900 NE 2nd Lane, Boynton Beach, FL 33435 Victor Marshall 380 NW 13 Avenue Boynton Beach, FL Samuel Kendrick 181 NE 19`h Avenue Boynton Beach, FL 33435 Jeanette Cain 1900 NE 2° Lane, Boynton Beach, FL 33435 i Elizabeth Jenkins 711 NW Is' Street Boynton Beach, FL 33435 Debra Marshall 380 NW 13 Avenue Boynton Beach, FL Willie Ward 428 NW 3"d Avenue Boynton Beach, FL 33435 1.0• By-Laws: The by-laws of the corporation shall be adopted by its Board of Trustees. The power to alter, amend or repeal the by-laws or to adopt new by-laws shall be vested in the Board of Trustees. 11. Incorporators: The names and addresses of each incorporator is: Name: ..Addrew . i Courtney Cain 1900 NE Td Lane, Boynton Beach, FL 33435 Victor Marshall 380 Nom' 13 Avenue Boynton Beach, FL — 3 .Samuel Kendrick 181 NE 19"' Avenue Boynton Beach, FL 33435 - Elizabeth Jenkins 711 NW I't Street Boynton Beach, FL 33435 _ Willie Ward 428 NW 3rd Avenue Boynton Beach, FL 33435 12.PrinciEpal Place of Business; The principal place of business of the corporation - shall be 428 NW 3d Avenue, Boynton Beach, FL 33435 in the County of Paha Beach. IN WITNESS WEE REOF, we the undersigned incorporators have hereto set our hands on this 15`h day of December 1999. Courtney Cain )AP4, AA0 actor Marshall VV Willie Ward 4=uge l Ken rick .- Eliz eth Jenkins l STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE me, the undersigned authority, personally appeared before me Courtney Cain, Victor Marshall, Willie Ward, Samuel Kendrick and Elizabeth Jenkins on December 15,1999, who are personally known by me, and who subscribed j the above Articles of Incorporation, and they did freely and voluntarily acknowledge before me according to law that they made and subscribed the same for the uses and purposes therein mentioned. 4 IN WITNESS WBEREOF,Z HAVE HEREUNTO SET MY HAND AND OFFIML SEAL at Boynton Beach in the State of Florida on this 15th day of December, 1999 Chris Plummer Notary Public LiyW- AIssIM#CCW788IXPMEs State of Florida My commission expifes: I lZe-0l Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in these articles, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with all statutes relating to the proper and complete performance of my duties, and am familiar with and accept the obligations of my position as registered agent. Registered Agent: Willie Ward Date -_ j i I I I �I i I 5 Page 477 of 1906 ARTICLES OF AMENDMENT F I to 00 AUG 24 Pik 3: 17 ARTICLES OF INCORPORATION.----_. ,. 6 CA i v;�LLAr �:'�:;5EE,1~L 0 R 1D A of Boynton Beach Faith Based Community Development Co oir rp ation-------------- " _ Pursuant to the provisions of section 517.1006, Florida Statutes, the undersigned Florida nonprofit corporation: adopts the following articles of amendment to its articles of incorporation. i FIRST: Amendment(s) adapted: (INDICATE ARTICLE NUMBER(S)BEING AMENDED, ADDED OR DELETED) i See Attached. 3 SECOND: The date of adoption of the amendment(s)was: THIRD: Adoption of Amendment(CHECK ONE) The amendment(s) was(were) adopted by the members and the number of votes cast for the amendment was sufficient for approval. i There are no members or members entitled to vote on the amendment. The amendment(s)was(Nvere) adopted by the board of directors. Bo ton Beach Faith Based Community Develoment Corporation T_ Corporation Name - Signature of Chairman,Vice Chairman,President or other officer Courtney Cain -. Typed or printed name 3_d o - Title Date i I Page 478 of 1906 AMENDMENT TO ARTICLES OF INCOUPOR.ATION ---.- Boynton Beach Faith Based Community Development Corporation [X] Article 7 - Said corporation is organized exclusively for charitable, educational, religious or scientific purposes, within the meaning of section 501(c) (3) of the internal Revenue Code (or corresponding section of any future federal tax code.) No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to its trustees, directors, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of Sectiori 501 (c) (3) purposes. No substantial part the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the Boynton Beach Faith Based Community Development Corporation shall not carry on any other activities not permitted to be carried on(a) by a corporation exempt from federal income tax under Section 501(c) (3) of the Internal Revenue Code (or corresponding section of any future federal tax code) or (b) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal j Revenue Code (or corresponding section of any future federal code). T I i I I I Page 479 of 1906 N N N N U U V) C C LL >N N O O N W N EN W Z C m (0 N C Q N Q a N N 7 7 •N N z z } :) > ..6 .a U > •U ~ m 0 W W N N C C LL LL N cW i G N Ln CL v v v v v v - - - u - - z m - W N N N N N C N z LL CC CC CC CC CC I.l O O LL a- < � a O d w n oc O o W O z O O �z O O O N O O N O �++ H Ja ,n z z z } z z } z Q > co O W J o r W O O z O N N N N N N N N O O O 00 H LL OC Q N N rljO N O O O O r Q Fix M M � M M O O Q1 N X N N N N N �D r C W W Y O LL OW O Z D W CCo = O N N (0 (0 (0 (0 (0 (0 Q C H C N W c = C W W m Q1 Q1 l0 W r� In Q1 � 0 J H Q LL O m C Q v v v v v u 00 Z E v v E E E Z O v v v LL v v v o O H LL Ln m of o -E -o -o -o -o -o O Y n Z O `m `m `m `m `m `m o u n > a O O O O O O O N v Q mm m m m o m m m w m C D T C O O O O E 0 'n O_ t O N N U E 0 L O° N C C CW m W W o U N (DL ° C N N N = v 2 2 co _r_ LIUv v ° 4,f o v o v m m > w w U to v } Y Q BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION I{ FINANCIAL STATEMENTS DECEMBER 31, 2019 Page 481 of 1906 Tf ISE OF CONTENTS PAGE Independent Auditor's Report 1-2 Statement of Financial Position 3 Statement of Activities 4 Statement of Cash Flows Statement of Functional Expenses Notes to the Financial Statements 7-10 Independent Auditor's Report On Internal Control Over Financial Reporting and On Compliance and Other Matters Based On An Audit Of Financial 11-12 Statements Performed In Accordance With Government Auditing Standards Page 482 of 1906 WW P.a. Bax 10515 William Washington Riviera Beach, Florida 33419 Codified Public Accountant Phone: (661)703-5187 E-mail:billw h# co stmt EPENDE AUDITOR'S REPORT To the Beard of Directors Boynton Beach Faith Based Community Development Corp Report on the Financial Statements I have audited the accompanying financial statements of Boynton Beach Faith Based Community Development Corp("CDC")(a nonprofit organization),which comprise the statement of financial position as of December 31,2019,and the related statements of activities,functional expenses and cash flows for the year then ended,and the related nates to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America;this includes the design,implementation,and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement,whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States.Those standards require that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements.The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements,whether due to fraud or error.In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, I express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion. 1 Page 483 of 1906 Opinion In my opinion,the financial statements referred to above present fairly, in all material respects,the financial position of CDC as of December 31, 2019, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards,I have also issued my report dated August 31,2020,on my consideration of CDC's internal control over financial reporting and on my tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of my testing of internal control over financial reporting and compliance and the results of that testing,and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering CDC's internal control over financial reporting and compliance. Wdftam WaAAburtom of West Palm Beach, FL August 31,2020 2 Page 484 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2019 Without Donor ASSETS Restrictions Cash 293,027 Real estate held for sale 574,306 Grant receivable 28,553 Advances 25,104 Mortgage receivable 389,738 Real estate held for rental 849,156 Deposits 2,500 Total Assets $ 2,1621384 LIABILITIES Note payable $ 533,392 Accrued liabilities 2,550 Total liabilities 535,942 NET ASSETS Unrestricted 1,626,442 Total net assets 11626,442 Total Liabilities and Net Assets $ 21162,384 See accompanying notes to financial statements. Page 485 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF ACTIVITIES FOR THE YEAR ENDED DECEMBER 31, 2019 Without REVENUES AND CONTRIBUTIONS Donor Restrictions Grants 116,066 Rental income 103,393 Donations 90,000 Net realized gain on real estate 32,828 Program income 6,808 Total 3491095 TOTAL REVENUES AND CONTRIBUTIONS 349,095 Expenses Program Services 281,624 Supporting Services 129,136 Total Expenses 410,760 Change in Net Assets (61,665) Net Assets, Beginning of Year 1,688,107 Net Assets, End of Year $ 1,6261442 See accompanying notes to the financial statements. Page 486 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 20119 Without Donor OPERATING ACTIVITIES: Restrictions Change in Net Assets (61,665) Adjustment to Reconcile Increase in Net Assets to Net Cash Provided by ( Used in ) Operating Activities: Changes in Operating Assets and Liabilities: Real Estate Heid for Sale 346,970 Grant Receivables 10,524 Real Estate Held for Rental (849,156) Advances (25,104) Other (2,500) Accrued Expenses �2 fid Net Cash Provided by ( Used in Operating Activities (583,607) FINANCING ACTIVITIES: Note payable 391,392 Note payable payments (76,000) Net Cash Provided in (Used in ) Financing Activities 3151392 Increase ( Decrease ) in Cash (268,2.15) Cash at Beginning of Year 561,242 Cash at End of Year $ 293 027 . X Interest Paid $ 20,594 See accompanying notes to financial statements. Page 487 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED DECEMBER 31, 2019 PROGRAM SERVICES AUPP9ONG S98VICES Neighborhood Development Fund- Management Total and Stabilization raising &General expenses Salaries and Benefits $ 24,951 $ 99,806 $ 124,757 Professional Fees 28,400 7,100 35,500 Maintenance 24,366 24,366 Utilities 13,387 1,487 14,874 Consulting 29,297 7,324 36,621 Property Taxes 7,095 7,095 HOA Fees 6,404 6,404 Office Expense 3,434 858 4,292 Insurance 20,144 2,238 22,382 Internet 2,024 2,024 Interest 20,594 20,594 Travel 2,016 2,016 Program Expenses 47,540 47,540 Other 25,134 6,283 31,417 Depreciation 30,878 30,878 Total $ 281,624 $ - 129,136 $ 410,760 See accompanying notes to financial statements. 6 Page 488 of 1906 OYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2019 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING ACTIVITIES Nature of Activities Boynton Beach Faith Based Community Development Corporation(„the CDC`)is a nonprofit corporation organized to provide community service, youth programs, and improve the economic conditions of the Boynton Beach,Florida neighborhood through facilitating home ownership for moderate and low income families. The Corporation also provides social services to the neighborhood. Basis of Accounting The Financial Statements of the CDC have been prepared on the accrual basis of accounting and accordingly reflect all significant receivables, payables,and other liabilities. !Ise of Estimates The preparation of financial statements in conformity with generally accepted accounting principles include the use of estimates that affect the financial statements.Accordingly,actual results could differ from those estimates. Functional Classi r ' n_ofExpenses In the accompanying Statement of Activities,expenses have been reported by their functional classification, a method of grouping expenses according to the purpose for which they were incurred. The primary functional classifications are program services and supporting activities. Program services are the activities that result in services being provided to members that fulfill the purposes or mission for which the CDC exists. Supporting activities are all activities of an organization other than program services and are included in the financial ments as management and general expenses.,and are allocated based on time spent. grants Resources from Government grants are recorded as revenue when the related costs are incurred. All other grants, unless restricted are recorded as revenue when the grant is received. The CDC is dependent on continued financial assistance by federal and local government agencies.Contributions whose restrictions are met in the same reporting period is reported as unrestricted contributions. Concentration of Credit Tusk Financial instruments that subject the CDC to concentrations of credit risk include cash. While the CDC attempts to limit its financial exposure, its deposit balances may at times exceed federally insured limits.The CDC has not experienced any losses on such balances. 7 Page 489 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2019 NOTE I -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Cont'd.) Contributed LServices *�_ The CDC does not recognize any support, revenue or expense from services contributed by volunteers, because they do not meet the criteria for measurement. Availability and Liquidity: Financial assets of cash $293,027, grant receivables $28,553 , financial assets available of$321,580 to meet expenses over next twelve months. incomgIaxStatus itatns The CDC is exempt from federal income tax as an organization described in Section 501 (c)(3) of the Internal Revenue Code. CDC believes it is no longer subject to examinations of returns for tax years ended December 31,2016.There are no examinations for any tax periods currently in progress. Contributions Contributions received are recorded as net assets without donor restrictions or net assets with donor restrictions depending on the existence and/or nature of any donor restrictions. Contributions that is restricted by the donor is reported as an increase in net assets without donor restrictions if the restriction expires in the reporting period in which the contribution is recognized,All other donor-restricted support is reported as an increase in net assets with donor restrictions, depending on the nature of the restriction. When a restriction expires(that is, when a stipulated time restriction ends or purpose restriction is accomplished), net assets with donor restrictions are reclassified to net assets without donor restrictions and reported in the Statement of Activities as net assets released from restrictions. The CDC has cash of$293,027, real estate held for sale or rental$1,423,462,and mortgage receivable of$389,738 at December 31,2019,which are recorded as net assets without donor restrictions, however,those assets must be used in compliance with the grant agreements. Real Estate Held for Sale The CDC has purchased and renovated certain properties held for sale to eligible home buyers. These properties are valued at lower of cost or fair market value. Fair market value is based on recent market sale prices. Pro pe ML4&d Eguip ent _ m__ Property and equipment are stated at cost less accumulated depreciation. Depreciation is being provided by use of the straight-line method over the estimated useful lives of the related assets as follows: Office equipment, 5 years life, 8 Page 490 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2019 NOTE 1 -SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Cont'd.) fair"Value Measurernnts The following fair value hierarchy measure fair value. Level l- unadjusted quoted prices. Level 2- Observable inputs. Level 3- significant unobservable inputs which are supported by tittle or no market activity.Level 2 include real estate held for sale. hair value is the price CDC would receive to sell an asset in an orderly transaction between participants at measurement date. The carrying value of all other assets and liabilities approximate fair value due to their short maturity. NOTE 2 -PROPERTY AND EQUIPMENT At December 31,2019,Property and Equipment consisted of the following.Office equipment,$18,349 less accumulated depreciation of$18,349. NOTE --MORTGAGE RECEIVABLE The CDC purchased real estate that will be renovated and sold to eligible home buyers as part of the neighborhood stabilization and improvement program. Proceeds from the homes that were sold during the year ended December 31,2019 are recorded in the financial statements.Net proceed from any sale must be used in compliance with the grant agreement. The CDC provided second mortgage financing which is an interest free deferred payment loan and the loan will be paid upon the sale of the property if sold short of the term of fifteen years from the closing date of the first mortgage or upon mortgagor's default. Mortgage receivable will be forgiven if the homeowner remains in the home the required period. NOTE: 4-LEASE OBLIGATION The CDC uses offices provided by the City of Boynton Beach in the neighborhood in which it operates,for a nominal fee of$12 per year.The market value of this space is not included in the financial statements. NOTE 5—Program Income Program income includes gross sales of real estate of$32,828,and rental income from real estate not sold of $103,393. The net gain on sale of real estate is reported in the statement of activities.The CDC is required to use program income in compliance with grant rules and regulations. 9 Page 491 of 1906 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 20119 NOTE 6 ..CONTINGENCIES AND SUBSEQUENT EVENTS The Corporation receives financial assistance from federal,state,municipal and other kcal non-governmental agencies in the form of grants. The disbursement of funds received under this program generally requires compliance with the terms and conditions specified in the grant agreements and are subject to audit by the grantor agencies. Any disallowed claims resulting from audits could become a liability of the CDC. The date to which events occurring after December 31,2019,the date of the most recent statement of financial position,have been evaluated for possible adjustment to the financial statements is August,31,2020,which is the date the financial statements were available to be issued. Grants from governmental agencies totaled 33% of total revenue at December 31, 2019. As a result off COVID -19, economic uncertainties have risen though such potential impact is unknown at this time. Note 7-LINE OF CREDIT CDC obtained a revolving, line of credit to develop residential single family homes in low and moderate income communities in Boynton Beach, Florida. The terms are as follows: maximum principal amount of loan 51,000,000,interest rate of five and one quarter percent,maturity date of two years from the date of loan closing, security property of first mortgages on residential parcels and the improvements located thereon at scattered sites within the project, and repayment terms commencing on the last day of the month following the loan closing date, monthly payments of interest are due and payable on the last day of each month, with the principal balance of the l , if not sooner paid, together with any unpaid interest and fees, due and payable in full on the maturity date. Borrowings are outstanding at December 31,2019,of$533,392, Note 8—NEW ACCOUNTING]PRONOUNCEMENT On August 18,2016, FASB issued ASIC 2016-14,Not-for-Profit Entities(Topic 958)—Presentation of Financial Statements of Not-for-Profit Entities. The update addresses the complexity and understandability of net asset classification,deficiencies in information about liquidity and availability of resources,and the lack of consistency in the type of information provided about expenses and investment return. NOTE 9 ESTATE HELD FOR RENTAL At December 31, 2019, certain real estate held for sale was converted for rental property as part of its affordable homes program. The properties are depreciated over 27 Years, and accumulated depreciation of $30,878 10 Page 492 of 1906 WWWW P O. Box 1015 William Washington Riviera Beach, Florida 33419 Ceriffled Public Accountant Phone: (561)703-5197 E-mail:billwashjr0comeastnet INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GO VERMVENTA VDITING STANDARDS To the Board of Directors Boynton Beach Faith Based Community Development Corporation Boynton Beach, Florida I have audited in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Boynton Beach Faith Based Community Development Corporation("CDC")(a nonprofit organization),which comprise the statement of financial position as of December 31, 2019, and the related statements of activities, functional expenses and cash flows for the year then ended,and the related notes to the financial statements,and have issued my report thereon dated August 31, 2020. Internal Control over Financial Reporting In planning and performing my audit of the financial statements, I considered CDCs internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing my opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of CDC's internal control. Accordingly, I do not express an opinion on the effectiveness of the Organization's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions,to prevent,or detect and correct,, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness,yet important enough to merit attention by those charged with governance. My consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during my audit I did not identify any deficiencies in internal control that I consider to be material weaknesses.However,material weaknesses may exist that have not been identified. II Page 493 of 1906 Compliance and Other Matters As part of obtaining reasonable assurance about whether CDCs financial statements are free from material misstatement,I performed tests of its compliance with certain provisions of laves,regulations,contracts,and grant agreements,noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of my audit,and accordingly,I do not express such an opinion.The results of my tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of my testing of internal control and compliance and the results of that testing,and not to provide an opinion on the effectiveness of the CDC's internal control or on compliance.This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the CMC's internal control and compliance. Accordingly, this communication i not suitable for any other purpose. WLULwn Watsltingaton, W La CFW` West Palm Beach, FL August 31, 2020 12 Page 494 of 1906 � o 0 J O O w Q a! QC R a 0 m 'c m 0 N a! p "++ R O s C) U r 4— c O � 0 LO ,O O R y 'O W O LL CD CD Q O O O _ O M C') a U 0 V � 00 a T O O O ". O O O EC N oc O R a! 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Account Number: 513 P a Bax 182051 Columbus,OH 43218-2051 CUSTOMER SERVICE INFORMATION Web site: www.Chase.com Service Center: 1-877425-8100 00010857 DRE 021 142'18621 NNNNNNNNNNN T 1000000000 D2 4000 Deaf and Hard of Hearing: 1-800-242-7888 BOYNTON BEACH FAITH BASED GDC Para Espanol: 1-888-622-4273 PEACEMAKERS International Calls: 1-713-262-1679 PO BOX 337 BOYNTON BEACH FL 33425 S 0 d s 9 S 0 0 CHECKING SUMMARY Chase Performance Business Checking INSTANCES AMOUNT Beginning Balance $161,054.35 Deposits and Additions 4 305,218.00 Checks Paid 32 -18,506.33 Electronic Withdrawals 3 -24,650.00 Ending Balance 39 $423,115,02 DEPOSITS AND ADDITIONS DATE DESCRIPTION AMOUNT 06/03 Deposit $12,902.00 W06/07 Orig CO Name:Square Inc Orig ID:9424300002 Desc Date:210607 CO Entry 2,380.10 Deser:210607P2 Sec:CCD Traceg:021000022184691 Eed:210607 Ind ID:L209629194686 Ind Name:Boynton Beach Faith Ba 06/24 Orig CO Name:Square Inc Orig ID:9424300002 Desc Date:210624 CO Entry 389.50 Descr.210624P2 Sec:CCD TraceCO21000025290161 Eed:210624 Ind 01209633766652 Ind Name:Boynton Beach Faith Ba 06128 Deposit 289,546.40 Total Deposits and Additions $305,218.00 CHECKS PAID BATE CHECK NO. DESCRIPTION PAID AMOUNT 4528 A 05129 06101 $571.51 4529 A 06/02 140.00 4530 A 06/01 2,200.00 4531 A 06/15 7,524.13 4532 A 05101 2,275.00 4533 A 06101 100.00 4534 A 05/29 06101 122.61 4535 A 06102 76.72 4536 A 06/02 66.28 4537 A 06/02 70.36 4538 A 06/02 70.36 4539 A 06/02 82.97 Page 1 of 4 Page 499 of 1906 FLORIDA MENS O ETIs AND CAPITAL TO HELP YOUR PROJECT SUCCEED. LOAN FUNDE October 1, 2619 Nis. Keturah Joseph Executive Director Boynton Beach Faith Based CDC, Inc. 2191 N. Seacrest Blvd_ Boynton Beach, FL 33435 Re: Commitment to modify terms of an existing $1,000,000 Revolving Line of Credit to Boynton Beach Faith Based CDC, Inc. by the Florida Community Loan Fund, Inc. Dear Ms. Joseph: This letter (the `Commitment") constitutes the Commitment of the Florida Community Loan Fund, Inc. (the "Loan Fund")to modify the terms, for the entity described below as the borrower (the °Borrower") of an existing revolving line of credit (the "Line" or"Loan'). The terms and conditions of the modification are as follows: 1_ BORROWER: Boynton Beach Faith Based CDC, Inc. a Florida not-far-profit 501c(3) corporation. 2. SECOND LOAN AGREEMENT MODIFICATION: Borrower and Lender shall execute a Second Loan Agreement Modification to the Loan Agreement originally dated April 15, 2016 and modified by that certain Loan Agreement Modification Agreement dated April 15, 2019, which will include, but not be limited to: (a) provision that Borrower may request that the loan amount outstanding for any property financed under the fine be converted to a term loan for three(3) years, with equal monthly payments of principal and interest based on an amortization period of 25 years, and an interest rate of five and one-half percent (5.5%), after submitting (i) an operating pro forma for the property to support a minimum debt service coverage ratio of 1.15 times; and (ii) if requested, a copy of the lease executed with the tenant and subject to Loan Fund's approval; (b) provision that Borrower shall provide a rent roll of the property annually; and (c) provision that the amount converted to a term loan shall reduce the availability under the Revolving Line of Credit so long as the term loan is outstanding_ Conversion to a term loan shall be in Loan Fund's sole discretion. 3_ ACCEPTANCE: Please indicate acceptance of the terms and conditions of this Commitment by signing and returning this Commitment letter. #+/fain Office:800 N_Magnolla Ave_Suite 7.06■Orlando,FL 32803 407.246.0&46 K t 407.246AB56■www.fclf_org orlanda N lacksonvi!le N 5arnsota IN T ampa K Fort Lauderdale Page.500 .of 1.90 . Return one original Commitment letter to the main afFrce of the Loan Sand (at 800 North Magnolia Avenue,Suite 106, Orlando, Florida 32803). Sincerely, FLORID OM ITY LOAN FUND, INC. elson I ck Ill Chief Leading Officer The undersigned accepts the foregoing commitment on behalf of Borrower. BOYNTON BEACH FAITH BASED CDC, INC. S , Ket rah Joseph Executive Director Date: MOW rka October 1,2019,Page 2 Page 501 of 1906 Keturah T. Joseph 846 Gazetta Way,West Palm Beach,FL 33413 Home Phone: (561)228-1143 Cell: (561)309-8084 Email:kjosephl6Agmail.com Professional Profile ■ Over 26 years of management experience within diverse environments ■ Seasoned affordable housing professional ■ Over 23 years of experience in developing, planning, implementing and directing housing and community development programs ■ Over 21 years of real estate sales experience ■ In-depth knowledge of federal regulations of CDBG, HOME, NSP and State (SHIP) housing programs ■ Able to effectively and positively deal with government officials as well as private clients and consultants ■ Sound knowledge of mortgage lending criteria and experience in credit analysis, and underwriting ■ Responsible for development and monitoring over$12 million annual budget ■ Solution-focused and results driven with prove ability to meet programmatic and budgetary requirements ■ Strong leadership, organizational and communication skills PROFESSIONAL EXPERIENCE 2008 -Present Executive Director Boynton Beach, FL Boynton Beach Faith Based Community Development Corp Position entails managing every aspect of the operations of two non-profit community development organizations. Provide project planning and real estate development assistance with a primary focus on community redevelopment in low and moderate income neighborhoods. Developed, launched and manage the City of Boynton's NSP program that involves property analysis and acquisition, rehabilitation and resale. Oversees the agency's first-time home buyers program. Licensed Real Estate Sales Agent West Palm Beach, FL 20 +years of real estate sales and development experience, including contract negotiations. Interact with sellers, lending professionals, attorneys and appraisers to negotiate real estate sales. Facilitate total sales process from inception to closing providing continual follow up to all parties to ensure timely closings. 1999 -2008 Manager Palm Beach County Department of Housing & Community Dev. West Palm Beach, FL Managed the County's Affordable Housing programs that assisted over 200 families annually. Responsibilities included development, coordination and implementation of all affordable housing programs and policies.Administered State $10 million SHIP, and Federal HOME $3 million housing program funding. Served as resource person to for-profit and non-profit housing developers, public housing authorities and other non-profit organizations. Reviewed all funding requests, recommended funding approval or denial. Served as compliance manager ensuring conformity with state, federal and county regulations. Acted as liaison with auditors, monitors and other regulatory agencies. Supervised staff of 15. Page 502 of 1906 Keturah T. Joseph Professional Experience Page Two 1998-1999 Program Manager Lake Worth, FL Lake Worth Community Development Corporation Developed, directed and managed the agency's affordable housing program. Provided technical assistance to applicants, conducted homebuyers workshops, reviewed clients' application to determine program eligibility credit worthiness. Identified, evaluated, negotiated and recommend vacant land for purchase. Worked with lending agencies to secure public and private mortgage funding for applicants. 1997-1998 Residential Lending Consultant West Palm Beach, FL Community Financing Consortium Developed relationships with clients, housing officials, real estate professionals and community partners to cultivate new business opportunities and maintain productive relationships. Reviewed clients' financial documents, budget and credit to determine credit worthiness. Negotiated, originated and structured loans. Interacted with community partners to induce and increase productivity. 1995-1998 Area Director South Bay, FL Centro Campesino Farmworker Center, Inc. Managed the day to day operation of the Glades area office. Duties included site acquisition, construction supervision and management, contract negotiation and financing of the agency's affordable housing program in a tri-city area. Created special partnerships with financial institutions, community development corporations and government agencies to provide reduced cost mortgage loans and subordinate debt and equity to non-traditional home buyers. Ensured compliance with grant program funding. Supervised all housing program staff. 1990-1995 Program Director Belle Glade, FL NOAH Development Corporation Managed every aspect of the organization that included all management decisions, program development and implementation, developed operational budget and overall operations. Managed staff of 21. EDUCATION Pursuing dual MBA and MPA degrees at Nova South Eastern University, Ft Lauderdale, Florida Bachelor of Business Administration Florida Atlantic University, Boca Raton Florida Gold Coast School of Real Estate, Licensed Real Estate Agent References furnished upon request Page 503 of 1906 M=l Cliedc A-Charity ( : CheckmAmLnarimillaym KNOW HOW YOUR MONEY IS BEING SPENT BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION, BO"YNTON BEACH,PL RegWration Nnrnbe*:GH12112 ExpiraUan.Date : 112512022 Revenue Source, 08-IRS 99€3 I Sch.A and Audit(12/3112019) iota!ReverlUe: 9,095.00 P, am Services Expenses:$294,680.00 72� Too Expenses: 1 D,760.00 Administrative Expenses.$116,080.0€3 28% SurpluslDefick:-$61,865.00 Fundralsang Expenses;$.00 W/o 739 abatatblanfc Page 504 of 1906 State of Florida Department of State I certify from the records of this office that BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION is a corporation organized under the laws of the Mate of Florida, filed on December 21, 1999_ The document number of this corporation is N99000007620. I further certify that said corporation has paid all fees due this office through December 31, 2021, that its most recent annual report/uniform business report was filed on March 16, 2021, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State o.f Florida at Tallahassee, the Capital, this the Sixteenth day of March, 2021 e Secretary �7,f�State Tracking Number:697056039OCC To authenticate this certificate,visit the following site,enter this number,and then follow.the instructions displayed. https://services.sunbiz.org/Filings/CerfhcateOfstatus/CertificateAuthentication Page 505 of 1906 ocuocrQ� cvo°occ � �ac' C��a�o�a�o�a�Qn�� • .w �.r.3ntr•as ��s.•+•+ r+��. +w a� �w��a ..*aw 4.�r s�-w .+ +w w M ws �. �►s w ... w•. i Q6 R S �t g"C �� c- c aO_ �c # � � • 7. `. '! �� is •s• s$G C � �•f �� tiUf 7 S wg j S G. /It N /��- S` ��*•JJCi. �-C Q- �c yas �� moi• �.. a,�`l -�� •:Kyr,I �� :-! �• ( �� '�� r s .��n-�1.�;� 3-..'�' r. �� M M y .� sf 1�* M M N r�r•� SA ��.�..!'! U V;� . Janes L Horne, Jr 130 N. Palm Drive Boynton Beach,FL 33435 561-82 7-0224 Cellular A4ames4O@yahoo.com Professional Profile: • 12 years of progressive experience in providing homeownership education and counseling in the First Time Homebuyer programs. • Knowledge of Construction programs,loan structuring, property acquisition and development. • Knowledge of Community Development Block Grant(CBDG)State Housing Initiatives Partnership(SHIP),and Federal Home Investment Partnership Program(HOME) • HUD National Certified Housing Counselor • HUD National Certified Foreclosure Intervention and Default Counselor • National Certified Pre-Purchase Educator • National Certified Post-Purchase Educator • Knowledge of government Insured Loan FHA and Conventional Mortgage Loan. • Develop a partnership with City of Boynton Beach Division of Community Redevelopment.(SHIP and Neighborhood Stabilization Program) • High—level skills in facilitating and conducting neighborhood meeting First Time Homebuyer and Credit Repair Workshop. • High—level skills in community organizing and working with diverse population. • Strong team player Professional Background: 2001 —Present Boynton Beach Faith Based Community Development Corporation Homeownership Coordinator,Certified Housing Counselor&Pre-Purchase Educator Pre-Purchase One on One Counseling. Mange the day to day operation of the Homeownership Program and provide individualized one-on-one credit counseling services and First Time Homebuyer seminar. • Develop homeownership requirements and communicate the process through-out the organization. • Market the homeownership Program to partners and the community. • Meet with clients to review and evaluate their financial readiness to become homeowner. • Evaluated credit reports,financial statements,and tax returns. • Conduct detail credit analyses with clients and provide advice and direction on how to repair credit and/or improve credit score. • Guides clients in preparing correspondence and communication relative credit issues. • Accurately verify clients employment, lease,deposit/bank account, child support and retirement pension_ • Guide the clients in creating personal budget and setting financial goals. • Monitors client's progress toward mortgage readiness. • Maintain ongoing contact with client's phone,face to face meeting and small. • Support clients with encouragement advice. • Liaison between the client and the City of Boynton Beach SHIP, Palm Beach County SHIPIHOME,Boynton Beach CRA HAP Programs&Neighborhood Stabilization Program. • Attends City of Boynton Beach, Boynton Beach CRA and Palm Beach County monthly meetings. • Prepare monthly Beneficiary reports to funding source: City of Boynton Beach SHIP and Boynton Beach CRA. Page 507 of 1906 Prepare monthly Beneficiary reports to funding source: City of Boynton Beach SHIP and Boynton Beach CRA. • Assessment of client's current financial situation and initial mortgage pre-qualification. • Ensure that clients fifes of mortgage ready" Mortgage readiness clients files are completed orderly and submitted to Lenders in timely matter. • Review sales contracts, home inspection reports,appraisal reports and addendums. • Participate in meeting with client's loan officer and mortgage advisor to discuss and explain the mortgage Loan documents, Good faith estimate, 1003, &1008. • Attends Closing with all CDC clients:interfacing with Lenders,Attorney and"title Company. • Supervised and trained staff ® Provide one on one counseling over 2683 Very low to moderate income families/household. • Successfully counseled over 144 CDC clients become new homeowners. • Developer's fee is acknowledgement by the municipality and real estate community of the effort of a[] Boynton Beach Faith Based in educating,counseling, preparing and processing document that is needed for mortgage approval, assisting subsidies down payments programs and coordinating and attending closings. Pre-Purchase Education Seminar° • Facilitate homebuyer Pre-Purchase Workshop • Perform customer workshop registration,confirmation and information gathering of required materials. • Prepares curriculum and lesson plans based on HUD established guidelines. • Set-up homebuyer education and pre-purchase counseling files. • Maintain a working pipeline • How to qualify for a mortgage&accumulate funds for down payments. • How to resolve credit difficulties • How to Budget and save for a down payments and unexpected expenses. • How to shop for and negotiate a quality affordable home • Adequately prepares them for closing • How to maintain their home after they move in and tips to avoid Predatory Lending Now Construction/ In— Fill Single Families Homes Development: • Assisted Land Acquisitions. • Assisted Project planning and Development. • Assist RFQ and RFP process to include design development,permitting, approvals,solicitation, bids and proposals from contractor and consultants. • Assist obtaining variances and all other pre-development activities. • Assisted Managing fin anceldisbursemant and draws by contractor. • Monitoring&assisted the new construction of(13)single in-fill family homes. • Guide clients through the new home construction Process. • Communicate client's preferences to contractorlbuilder.(Floor plans Design) Page 508 of 1906 ADMINISTRATIVE SUPPORT: • Data management of the housing counseling database. • Answering Potential client's inquiry/question regarding first—Time Homebuyer program and providing homeownership requirements for City of Boynton Beach SHIP, Palm Beach County SHIP and Boynton Beach CRA H.A.P. • Efficiently mange administrative work in the support of the counseling program. • Maintain up-to-date information on lending and homebuyer down payment assistance programs, • Provide banks and rea€tors referral for the CDC clients. Provide the highest level of customer service. • Maintain level of confidentiality • Compose letters and memos independently or in accordance with instructions. • Organize and file correspondence, report,journals and materials. • Prepare monthly beneficiary reports to the City of Boynton Beach CDBG/Boynton Beach CRA HAP. Educations: Palm Beach State College(Boca Raton Campus) Vocational Certificate FREC-1 Real Estate Sales Assoc€ate Agent(63 Hours Pre-License Course Completed: May 11,2009 Palm Beach State College(Boca Eaton Campus) Mortgage Broker(24 Hours)State Required Pre-License Course Completed:October 24,2009 Program of Studies: NeighborWorks America NCHEC Professional Certificate Program-Homeownership&Community Lending March 2005—December 2011 (222 Hours) Palms Beach State College Industrial Operation Leed Green Associate(12 Hours) Completed April 2011 Certifications: U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND NEI GH ORBORWORK@HOMEOWNERSHIP&EDUCATIONAL TRAINING INSTITUTE HUD APPROVED PROFESSIONAL CERTIFICATIONS HUD National Certified Housing Counselor HUD National Certified Foreclosure Intervention&Default Counselor- Natlonal Certified Pre-Purchase Homeownership Education National Certified Post Purchase Homeownership Education Certifi cates[Trai n Ings: NighborWorks®homeownership&Educational Training Institute Lending for Homeownership Counselors Foreclosure Compliance with State and Federal Regulation Developing and Implementing Effective Foreclosure Program Homebuyer Education Methods:Training the Trainer Post Purchase Education Methods:Training the Trainer Homeownership Counseling Certification:Principles&Practices: Foreclosure Intervention&Default Counseling Certification Homebuyer Education Methods:Advance Accelerated Version HOME and SHIP Program Training Credit Counseling for Maximum Results Client Management and Tracking with CounselorMax Page 509 of 1906 NCH E--4C Certification in Homeowne.rship ! r Counseling Cf f_ s awarded to j six5 James L. Horne Jr. Presented 13th day of May,2020 For completing the specified training and satisfying the requirements established by NCHFC. Certification is valid for three years from date of issuance. it is valid only when housing counseling is performed by or in partnership with a community-based organization. Q @ 4 I 7'€ kIi,k 999 North.Capitol Street,N.E. ,. Suite 900 Washington,DC 20002 202.760.4000 NeighborWorks.org April 20, 2020 Mr. James L. Hoene 2191. North Seacrest Boulevard Boynton Beach, FL 33435 Dear Mr. James L. Home: Congratulations! You have successfully met the requirements to earn your NeighborWorks 1t Center for Homeownership Education and Counseling (NCHEC) Homeownership Counseling certification. This certificate is valid for 3 years from the date of certification. In order to obtain recerlification you will be required to provide evidence of continuing education in homeownership and coinniunity lending courses either through NeighborWorkso Training Institutes,NCHEC, or other approved training venues. Visit www.iieighboi-wori(s.org/iichec for the latest information on continuing education and industry related news. If you have any questions, contact us at nchec bnw.org. Best wishes on your continued success.. Sincerely, Cormac Molloy Manager, Certifications & Standards cei-tification@nw.org NeighborWorks Center for Homeownership Education& Counseling (NCHEC) , ,t r r l„,,, t t tr, ?., ,,/€,(.. a. .'i�P�� ?,-.✓ d, ,,,�n... ,,s .Y..5,,. ,.} � .u >s-.. .3 9 � "� �$!$ i.£, �* �,�1 �. t a ,t�.t !€�� r....ti U r .7 NCHEC Certification 0 in PreTurchase o-rne owners hip Education ✓"y�r Is awarded to ,t a James L. Hoorne Jr. Presenter I th day--Qf March 2020 for completing the specified training and satisfying the requirements established by NCHEC. Certification is valid for three years from date of issuance.It is valid only when housing counseling is performed by or in partnership with a community-based organization. JOHN McCLOSKEY JAYNA L. BOWER Vice President, Training Division Senior Director NeighborWorksg America NeighborWorksO Center for Homeownership Education and Counseling (NCHEQ r , Nci'g ba.3rWorks--'v Aamexk a 999 North Capitol Street,N.E. Suite 400 Washington,DC 20002 202.760.4000 NeighborWorks.org March 10,2020 Mr.James L.Horne 2191 North Seacrest Boulevard Boynton.Beach, FL 33435 Dear Mr. Horne: Congratulations] You have successfully met the requirements to earn your NeighborWorks® Center for Homeownership Education and Counseling (NCHEC) Pre-Purchase Homeownership Education certification. This certificate is valid for 3 years from the date of issuance. in order to obtain recertification, you will be required to provide evidence of continuing education in financial capability, housing education and counseling and/or community lending courses through NCHEC at a NeighborWorks© Training institute, 'Place Based Training,eLearning,Virtual Classroom or other approved training venues. Visit www.nw.org/nchee for the latest infon-nation on continuing education and industry related news. If you have any questions,contact us at cettificationpnw.org. Best wishes on your continued success. Sincerely, Cormac Molloy Specialist, Certifications&Standards certification@nw.org NeighborWorks Center for Honneownership Education&Counseling(NCHEC) NCHEC Certification 0 in Post.-Purchase Homeownership EducationI is awarded to - v A James L. Horne Jr. 'resented 14th day ot,May 2020 for completing the specified training and satisfying the requirements established by NCHEC. Certification is valid for three years from date of issuance.It is valid only when housing counseling is performed by or in partnership with a community-based organization. 9�4r� JOHN McCLOSKEY 1AYNA,L. BOWER Vice President, Training Division Senior Director Neighborworks@ America NeighborworksED Center for Homeownership Education and Counseling (NCHEC) J 999 North Capitol Street,N.E. , Suite 900 Washington, DC 20002 202.760.4000 NeighborWorks.org ----------- April 24, 2020 Mr. James L. Home 2191 North Seacrest Boulevard Boynton Beach, FL 33435 Dear Mr. Janies L. Home: Congratulations! You have successfully met the requirements to earn your NeighborWorks(N Center for Homeownership Education and Counseling (NCHEC) Post Purchase Homeownership Education certification. This certificate is valid for 3 years from the date of certification. In order to obtain recertification you will be required to provide evidence of continuing education in homeownership and community lending courses either through NeighborWorkse Training Institutes, NCHEC, or other approved training venues. Visit www.neif4hborworks.org/nehec for the latest information on continuing education and industry related news. If you have any questions, contact us at nchec@,nw.org. Best wishes on your continued success. Sincerely, Corn-lac Molloy Manager, Certifications & Standards c 'f 'on erti icati @nw.org NeighborWorks Center for Homeownership Education& Counseling (NCHEC) Participant NCHEC Certification History-JamesL.Horne (NCHEC) Foreclosure Intervention and Default Counseling certification status Issuance Date Expiration Date NCHEC CE External CE Total CE Confirmed 12/22/2020 12122/2023 13.50 0.00 1150 Course ID/Course Name Course Type NWA Location/External Provider Test Required? Passed? GE H0002 Housing Affordability: ELEARNING E-LEARNING No N/A 1.50 Building Competency in Housing Counseling- Interactive Webinar Training H0003 Fair Housing: Building ELEARNING E-LEARNING No N/A 1.50 Competency in Housing Counseling-Interactive Webinar Training H0004 Financial Management: ELEARNING E-LEARNING No NIA 1.50 Building Competency in Housing Counseling- Interactive Webinar Training H0005 Tenancy: Building ELEARNING E-LEARNING No N/A 1.50 Competency in Housing Counseling-Interactive Webinar Training H0006 Avoiding Foreclosure: ELEARNING E-LEARNING No N/A 1.50 Building Competency in Housing Counseling- Interactive Webinar Training H0017 Using Financial ELEARNING E-LEARNING No N/A 1.50 Coaching Techniques to Engage and Motivate Clients- Interactive Webinar Training H0028 Time's Running Out! ELEARNING E-LEARNING No N/A 1.50 Tips,Tools and Techniques for Taking the HUD Exam- Interactive Webinar Training H0033 Protecting Credit and ELEARNING E-LEARNING No N/A 1.50 Avoiding Scams During the COVID-19 Financial Crisis H0038 Government Loan ELEARNING E-LEARNING No N/A 1.50 Basics for Housing Counselors Page 516 of 1906 PorticipanmNCHEC Certification History-JmmnoLHo,n* Participant NCHEC Certification History-JamesL.Horne H0029 Remote ELEARNING E-LEARNING No NIA 1.50 Homeownership Counseling amid the COVID-19 Crisis- Interactive Webinar Trainin2 H0031 Rental Counseling & ELEARNING E-LEARNING No NIA 1.50 Eviction Preventions Amid the COVID-19 Crisis H0033 Protecting Credit and ELEARNING E-LEARNING No N/A 1.50 Avoiding Scams During the COVID-19 Financial Crisis H0038 Government Loan ELEARNING E-LEARNING No N/A 1.50 Basics for Housing Counselors (NCHEC) Post Purchase Homeownership Education certification status Issuance Date Expiration Date NCHEC CE External CE Total CE Confirmed 05/14/2020 0511412023 26.52 0.00 26.52 Course ID/Course Name Course Type NWA Location/External Provider Test Required? Passed? CE HO001 Foreclosure Tune-up- ELEARNING E-LEARNING No N/A 1,50 Interactive Webinar Training H0002 Housing Affordability: ELEARNING E-LEARNING No N/A 1.50 Building Competency in Housing Counseling- Interactive Webinar Training H0003 Fair Housing: Building ELEARNING E-LEARNING No NIA 1,50 Competency in Housing Counseling-Interactive Webinar Training H0004 Financial Management: ELEARNING E-LEARNING No N/A 1.50 Building Competency in Housing Counseling- Interactive Webinar Training H0005 Tenancy: Building ELEARNING E-LEARNING No N/A 1.50 Competency in Housing Counseling-Interactive Webinar Training H0006 Avoiding Foreclosure: ELEARNING E-LEARNING No N/A 1.50 Building Competency in Housing Counseling- Interactive Webinar Training H0007 Homeownership: ELEARNING E-LEARNING No N/A 1.50 Building Competency in Housing Counseling- Interactive Webinar Training Page 518 of 1906 Participant NCHEC Certification History-JamesL.Horne H0016 HECM Default and ELEARNING E-LEARNING No N/A 1.50 Foreclosure-Interactive Webinar Training H0017 Using Financial ELEARNING, E-LEARNING No N/A 1.50 Coaching Techniques to Engage and Motivate Clients- Interactive Webinar Training H0023 Foreclosure ELEARNING E-LEARNING No N/A 1.50 Intervention Services During Disaster Recovery-Interactive Webinar Training H0028 Time's Running Out! ELEARNING E-LEARNING No N/A 1.50 Tips,Tools and Techniques for Taking the HUD Exam- Interactive Webinar Trainin2 H0029 Remote ELEARNING E-LEARNING No N/A 1.50 Homeownership Counseling amid the COVID-1 9 Crisis- Interactive Webinar Training H0031 Rental Counseling& ELEARNING, E-LEARNING No NIA 1.50 Eviction Preventions Amid the COVID-19 Crisis H0033 Protecting Credit and ELEARNING E-LEARNING No N/A 1.50 Avoiding Scams During the COVID-19 Financial Crisis H0038 Government Loan ELEARNING E-LEARNING No N/A 1.50 Basics for Housing Counselors H0109 Foreclosure Basics for ELEARNING E-LEARNING No N/A 4.02 Homeownership Counselors (NCHEC)Pre-Purchase Homeownership Education certification status Issuance Date Expiration Date NCHEC CE External CE Total CE Confirmed 03111/2020 03/11/2023 26.52 0.00 26.52 Course ID/Course Name Course Type NWA Location/External Provider Test Required? Passed? CE H0001 Foreclosure Tune-up- ELEARNING ELEARNING No N/A 1.50 Interactive Webinar Training H0002 Housing Affordability: ELEARNING E-LEARNING No N/A 1.50 Building Competency in Housing Counseling- Interactive Webinar Trainin2 t I Page 519 of 1906 Participant NCHEC Certification History-JamesL.Horne H0003 Fair Housing:Building ELEARNING E-LEARN[NG No NIA 1.50 Competency in Housing Counseling-Interactive Webinar Training H0004 Financial Management: ELEARNING E-LEARNING No NIA 1.50 Building Competency in Housing Counseling- Interactive Webinar Training H0005 Tenancy: Building ELEARNING E-LEARNING No NIA 1.50 Competency in Housing Counseling-Interactive Webinar Training H0006 Avoiding Foreclosure: ELEARNING E-LEARNING No NIA 1.50 Building Competency in Housing Counseling- Interactive Webinar Training H0007 Homeownership: ELEARNING E-LEARNING No NIA 1.50 Building Competency in Housing Counseling- Interactive Webinar Training H0016 HECM Default and ELEARNING E-LEARNING No NIA 1.50 Foreclosure-Interactive Webinar Training H0017 Using Financial ELEARNING E-LEARNING No NIA 1.50 Coaching Techniques to Engage and Motivate Clients- Interactive Webinar Training H0023 Foreclosure ELEARNING E-LEARNING No NIA 1.50 Intervention Services During Disaster Recovery-Interactive Webinar Training H0028 Time's Running Out! ELEARNING E-LEARNING No NIA 1.50 Tips,Tools and Techniques for Taking the HUD Exam- Interactive Webinar Training H0029 Remote ELEARNING E-LEARNING No NIA 1.50 Homeownership Counseling amid the COVID-19 Crisis- Interactive Webinar Training H0031 Rental Counseling& ELEARNING E-LEARN[NG No NIA 1.50 Eviction Proventions Amid the COVID-19 Crisis H0033 Protecting Credit and ELEARNING E-LEARNING No NIA 1.50 Avoiding Scams During the COVID-19 Financial Crisis H0038 Government Loan ELEARNING E-LEARNING No NIA 1.50 Basics for Housing Counselors H0109 Foreclosure Basics for ELEARNING E-LEARNING No NIA 4.02 Homeownership Counselors Page 520 of 1906 GLORIA GOOLSBY (518) 779-5409 Boynton Beach, FL 33435 SUMMARY OF QUALIFICATIONS 15+years in Human Resource,Administration &Management arenas, earning title "student of learning everything possible." • Dedicated in leading cross-functional teams. • Proven ability to lead cross-functional teams effectively. • More than 20 years of human services experience. • Expert at independent living and facilitation. • Over 15 years of supervisory experience. • Top-notch technical skills in computer software applications. •Adept at client relations and diverse group interaction. • Effective in grant writing, contract management and protocol. PROFESSIONAL EXPERIENCE Boynton Beach CDC—Boynton Beach, FL Pres. Project Director Responsible for community outreach and coordination of program/event activities. Providing case management services to supportive housing residents. Develop timelines for the completion of certain milestones for various projects. Maintaining client database and reporting documents for ongoing activities. Conducting assessments for individuals and their families for entitlements such as food stamps, health insurance and housing to ensure basic needs are being met. Coordinating with community partners for resources and/or community outreach activities. Jerome Golden Center for Behavioral Health—West Palm Beach, FL 2010-2019 Individual Case Manager Responsible for managing a caseload of 40 clients living with severe MH/SA/HIV&AIDS and other issues. Performing thorough assessment of needs to build resiliency, facilitate recovery and achieve reintegration into the community. Administer psychosocial assessments and create service plans with clients to determine progress toward established goals. Advocate and monitor clients residing in supportive housing to ensure successful long-term resiliency in community settings. Responsible for mandated reporting for abuse of clients and their family members as applicable. Maintain certified electronic records and reports in TIER database. Coordinate and advocate on behalf of clients and agencies as needed.Appointed to client Quality Assurance Team. Capital District African American Coalition on AIDS(CDAACA)—Albany, NY 2007-2009 Program Coordinator Supervised workflow and quality control of program coordinators, interns and volunteers. Coordinated and facilitated trainings to educate the community at large and peers at risk or living with HIV and AIDS. Managed cases, performed assessments, identified interests and motivated peers to act on them.Organized and directed program activities and projects. Maintained records and created progress reports. Made qualitative and quantitative budget analysis in the administration of contracts. Developed improved methods and policies for program and finance departments. Nutrition Consortium of New York State-Albany, NY 2003-2007 Contract Coordinator Supervised and managed contracts for 22 community-based organizations within 25 counties,who receive funding for outreach of the federal food stamp, summer food and school breakfast and lunch programs. Coordinated and negotiated the successful development and implementation of budgets,work and outreach plans. Provided technical assistance,training and development to provider agencies and their staff. Conducted audits, review and resolve of budget modification and contract amendments to ensure compliance with related regulations. Created work plan grid to measure annual progress of each organizations' outreach activities that was implemented and increased overall productivity by 42%. Developed presentations, marketing strategies, and monitored outreach activities of the program within each agency.Processed and performed contract closeout actions. EDUCATION CERTIFICATIONS State University of New York at Empire State College-Albany, NY • Behavioral Health Case Manager, Certified • Bachelor of Science,Community and Human Services • CPR • Associate in Science, Interdisciplinary Studies • Notary PROFESSIONAL DEVELOPMENT Ongoing professional development trainings: • SSI/SSDI Outreach,Access &Recovery(SOAR) • Security Awareness • Civil Rights • HIV/AIDS Education and Outreach • Domestic Violence • Homelessness(COC) • Service Delivery for the Deaf or Hard of Hearing • HIPAA • Suicide Risk Assessment • Mental Health/Dual Diagnosed • Customer Service • Substance Abuse References supplied upon request. Page 521 of 1906 BOCA BUILDER'S OF BREVARD CONSULTANTS,INC. NONPROFIT CONSULT 4NTS 8844 A 1VIARGE COURT BOYNTON BEACH,FLORIDA 33444 (561)386-4261 SHERRYCCC@AOL.COM SIO-DATA SHERRY JOHNSON,EXECUTIVE DIRECTOR EDUCATIONAL BACKGROUND WESTERN MICHIGAN UNIVERSITY SECONDARY EDUCATION-MAJOR IN MATH AND HISTORY EARLY CHILDHOOD DEVELOPMENT IN LITERATURE AND PHYSICAL EDUCATION BROWARD COMMUNITY COLLEGE PRINCIPALS OF ACCOUNTING I&II PRINCIPALS OF BANKING CASH MANAGEMENT STATE OF FLORIDA CERTIFIED BUILDING CONTRACTOR HOUSING AND URBAN DEVELOPMENT CERTIFIED HUD HOUSING COUNSELOR NATIONAL CENTER FOR NEIGHBORHOOD DEVELOPMENT CERTIFICATE IN LEADERSHIP DEVELOPMENT FOR NOT-FOR-PROFIT COMMUNITY DEVELOPMENT CORPORATIONS EMPLOYMENT HISTORY 1998-CURRENT EXECUTIVE DIRECTOR -COMMUNITY CARING CENTER OF BOYNTON BEACH,INC. 2001-2003 PROPERTY ACQUISITION SPECIALIST TO THE CITY OF BOYNTON BEACH 2001-2002 PROPERTY ACQUISITION SPECIALIST TO WEST PALM BEACH HOUSING AUTHORITY 1992-1997 AFFORDABLE HOUSING CONSULTANT PROVIDING TRAINING AND TECHNICAL ASSISTANCE TO THE FOLLOWING: 1974-1991 CONSTRUCTION INDUSTRY CONSULTANT FOR LOCAL INITIATIVES SUPPORT CORPORATION, ("LISC"), A 501(C)(3) NATIONAL ORGANIZATION ESTABLISHED TO PROVIDE TRAINING AND TECHNICAL ASSISTANCE ON A LOCAL BASIS TO COMMUNITY,AS WELL AS,FAITH BASED ORGANIZATION,PROVIDING TECHNICAL ASSISTANT TO NORTHWOOD COMMUNITY DEVELOPMENT CORPORATION .AND NORTHWEST RIVIERA BEACH COMMUNITY REDEVELOPMENT CORPORATION. BOARD DEVELOPMENT AND PRE-QUALIFICATION TRAINING FOR NON-PROFIT,COMMUNITY BASED CORPORATIONS SUPERVISION OF AMERICORPS VOLUNTEER EDUCATIONAL PROGRAMS FOR IST TIME HOME BUYERS FAMILY BUDGETING HOME MAINTENANCE&REPAIR PRE&POST PURCHASE COUNSELING HURRICANE PREPAREDNESS HOMESTEAD EXEMPTION Page 522 of 1906 BOCA BUILDING OF BREVARD,CONSULTANTS,INC. TECHNICAL ASSISTANCE TO NEIGHBORHOOD ASSOCIATION BOARD TRAINING AND EMPOWERMENT GRANT WRITING FEDERAL GRANTS-COMMUNITY DEVELOPMENT BLOCK GRANTS,(CDBG) STATE OF FLORIDA GRANTS, HOME, SHIP, HAP, DEPARTMENT OF COMMUNITY AFFAIRS PLANNING AND ADMINISTRATIVE GRANTS,FLORIDA HOUSING FINANCE AGENCY PALM BEACH COUNTY GRANTS-COMMISSION ON AFFORDABLE HOUSING INSTITUTIONAL GRANTS-FEDERAL HOME LOAN BANK OF ATLANTA,COMMUNITY INITIATIVE CHASE MANHATTAN COMPETITIVE,VARIOUS LENDERS IN PALM BEACH COUNTY,MAXWELL AWARD OF EXCELLENCE,GREAT WESTERN COMPETITIVE GRANTS FOUNDATION GRANTS-LATTNER FOUNDATION,MCARTHUR FOUNDATION COMMUNITY FOUNDATION OF PB&MARTIN COUNTIES,DODGE FOUNDATION,BANKATLANTIC FOUNDATION,FANNIEMAE FOUNDATION CONSULTANT TO THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA"), A QUASI- GOVERNMENTAL AGENCY ESTABLISHED BY THE STATE OF FLORIDA, WORKING IN CONJUNCTION WITH THE CITY OF DELRAY TO PROMOTE ECONOMIC DEVELOPMENT IN BOTH COMMERCIAL AND RESIDENTIAL MARKETS,PROVIDING TECHNICAL ASSISTANCE IN THE FOLLOWING AREAS: ESTABLISHING GUIDELINES,POLICY AND PROCEDURES,WRITING AND ADMINISTRATION OF AFFORDABLE HOUSING PROGRAMS CONSISTING OF THE CRA 2ND MORTGAGE PROGRAMS, AND THE DELRAY BEACH RENAISSANCE PROGRAM COMMERCIAL AND RESIDENTIAL LAND ACQUISITION AND ASSEMBLAGE FOR REDEVELOPMENT IN AREAS TARGETED FOR REVITALIZATION,INCLUDING REQUEST FOR PROPOSAL,AND REQUEST FOR QUALIFICATION ACCOUNTABILITY FOR ECONOMIC IMPACT REGARDING RESIDENTIAL DEVELOPMENT GRANT WRITING CONSULTANT TO THE CENTER FOR TECHNOLOGY, ENTERPRISE & DEVELOPMENT, INC. , (THE "TED CENTER"),A 501 (C)(3)NOT-FOR-PROFIT,COMMUNITY DEVELOPMENT CORPORATION ESTABLISHED TO PROVIDE"AFFORDABLE HOUSING"TO FIRST TIME HOME BUYERS.AND CREATE A"BUSINESS INCUBATOR"FOR SOCLALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESSES. ADMINISTRATION,FISCAL ACCOUNTABILITY PERTAINING TO THE ESTABLISHMENT OF POLICIES AND PROCEDURES FOR CASH MANAGEMENT,.AUDIT REQUIREMENT,BUDGET PREPARATION,ETC. PROGRAM DEVELOPMENT FOR IN-FILL HOUSING PROGRAM-INCLUDING ESTABLISHMENT OF ALL EDUCATIONAL PROGRAMS,STANDARDIZATION OF SPECIFICATIONS PERTAINING TO AFFORDABLE HOUSING, BUILDING QUALIFICATIONS AND SELECTIONS. CREATION OF A"NEIGHBORHOOD ASSOCIATION"FOR THE EMPOWERMENT OF CITIZENRY,CREATING .ARTICLES OF INCORPORATION,BY-LAWS,BOARD DEVELOPMENT&TRAINING INCLUDING PARTICIPATION, FOR EDUCATIONAL PURPOSES,IN VARIOUS TOWN MEETINGS,PLANNING&ZONING MEETINGS,CDBG REVIEW PROCESS AND IN-PUT,COMMISSION MEETINGS,CRIME WATCH AND COMMUNITY POLICING .ACTIVITIES. 2 Page 523 of 1906 BOCA BUILDING OF BREVARD,CONSULTANTS,INC. GRANT WRITING FOR ADMINISTRATION AND PROJECT SPECIFIC FUNDING FUND RAISING INCLUDING GALA'S,SPONSORSHIPS FOR COMMUNITY ACTIVITIES,ETC. PRESENTATIONS TO CIVIC,INSTITUTIONAL,AND GOVERNMENTAL ORGANIZATIONS REGARDING PROGRAMS&PROJECTS 1985-1992 BUILDING CONTRACTOR PROVIDING RESIDENTIAL CONSTRUCTION FOR DEVELOPERS IN FRENCHMAN'S CREEK,ST.ANDREW'S COUNTRY CLUB,BOCA GROVE,AND WELLINGTON'S EQUESTRIAN CLUB. ACCOMPLISHMENTS SINCE JULY OF 1993 PROVIDED 210 SINGLE FAMILY HOMES UNDER THE PALM BEACH COUNTY'S "RESTORING OUR NEIGHBORHOOD", HARDSHIP "A" AND "B," AND H.O.M.E. PROGRAMS, THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY'S "SECOND MORTGAGE PROGRAM," THE BROWARD COUNTY MINORITY BUSINESS COUNCIL'S PROGRAM,AND THE DELRAY BEACH RENAISSANCE PROGRAM. SUCCESSFUL GRANT WRITING FROM THE FLORIDA HOUSING FINANCE AGENCY, COMMISSION ON AFFORDABLE HOUSING,AS WELL AS,MANY FOUNDATIONS AND LENDING INSTITUTIONS. SERVED AS CONSTRUCTION CHAIR IN THE FORMING OF THE BOCA/DELRAY HABITAT FOR HUMANITY AFFILLATE AND COORDINATED THREE CONSTRUCTION PROJECTS IN DELRAY BEACH. STATISTICAL ANALYSIS ON THE MORTALILTY RATE OF ALS PATIENTS UNDER TREATMENT WITH LOCAL REASEARCH FIRM,PUBLISHED IN THE AMERICAN MEDICAL SOCIETY'S JOURNAL,JAMA. WROTE.AND PUBLISHED A DOCUMENT ON THE "MCGHEE CONCEPT" ENTITLED "A COMPREHE,VSIVE APPROACH TO COM,IIUNITY REVITALIZATION' WHICH CAPTURED THE VISION OF THE LATE SAMUEL D. MCGHEE, EXECUTIVE DIRECTOR OF THE T.E.D. CENTER, INC. OBTAINED UNITED NATIONS ACCREDITATION FOR HABITAT II AND PRESENTED CONCEPT AT THE FOLLOWING FORUMS: THE 112ND NATIONAL CONFERENCE ON URBAN ISSUES" HELD AT NEW YORK STATE COLLEGE IN BUFFALO,NEW YORK THE 1113TH ANNUAL PAN-AFRICAN CONFERENCE " HELD AT THE NORTHERN KENTUCKY UNIVERSITY THE"MIAMI FORUM"HELD BY THE MARTIN LUTHER KING CENTER IN MIAMI,FLORIDA THE 112ND NATIONAL CONFERENCE ON URBAN ISSUES" HELD BY FLORIDA INTERNATIONAL UNIVERSITY THE UNITED NATIONS "HABITAT II,SECOND CONFERENCE ON HUMAN SETTLEMENTS"HELD IN ISTANBUL IN JUNE, 1996 MEMBERSHIP AND SERVICE ON THE FOLLOWING: CITY OF BOYNTON BEACH AFFORDABLE HOUSING STEERING COMMITTEE MEMBER OF PALM BEACH COUNTY FOOD ALLIANCE PALM BEACH COUNTY AFFORDABLE HOUSING COLLABORATIVE,A UNITED WAY PROJECT FORMERLY MEMBER OF -FLORIDA HOUSING FINANCE AGENCY PALM BEACH COUNTY WEED AND SEED PROGRAM PALM BEACH COUNTY'S LONG TERM RECOVERY COMMITTEE CITY OF DELRAY BEACH'S AFFORDABLE HOUSING ADVISORY BOARD 3 Page 524 of 1906 Boynton Beach Faith Based Community Dei. Coro. Application for Rental Assistanco Today's Date: 1 1 Are you homeless? ❑Yes ❑No. How may we help you? Please give a brief description of the service(s)you are requesting: smit Hers I } Last Name First Name Date of Birth Phone No. Home Address City State Zip Code Employer Name Occupation Phone No. Email Address ( ) Emergency Contact Relationship Contact Phone No. Please check one or more of the appropriate boxes to indicate your response for statistical purposes only. Race: ❑African American or Black ❑White ❑American Indian or Alaskan ❑Naative Hawaiian/Pacific Islander []Other Ethnicity: ❑Hispanic Origin Gender: ❑Male ❑Female ❑Other Citizenship: U.S.Citizen? ❑Yes ❑No. K no,Birthplace Green Card# Received Date:_I I Expiration Date:_!1 Veteran? ❑Yes ❑No Marital Status: ❑Marded ❑Single 0 Divorced ❑Separated ❑Widowed MONTHLY INCOME: $ Income Type: ❑Unemployment ❑Employment ❑Disabled/Physical Health ❑Disabled/Mental Health Benefits ❑SSI l SSA$ ❑Unemployment$ ❑Child Support$ ❑Alimony$ Received: ❑Food Stamps$ ❑DCF Cash$ ❑WIC$ ❑Other$ Health Insurance: ❑Medicaid ❑Medicare ❑None ❑Other If unemployed,what was your position in your last job? How long? Other Family Members Relationship DOB Gender School Attending SELF ELIGIBLE EXPENSES: Past-Due Rent • Current and future rent and utilities Late Fees • Relocation expenses: Security and utility deposits,application fees and screening fees INFORMED CONSENT: By signing this application,I agree to take part in the programs,activities and/or services provided Boynton Beach CDC. I also understand and agree that all information,conversations,records,test results,and any other materials related to my participation is confidential and will not be released to any other organization or individua€without my permission,EXCEPT 9 it contains evidence of current or potential child abuse or neglect;contains evidence of potential harm to others,or me;andlor required as evidence in a court case. Signature Team Member Signature 2191 N Seacrest Blvd.—Boynton Beach,FL 33435 Page 525 of 1906 Boynton Beach Faith Based Community Dei. Corp. Application for Rental Assistance Documentation List The following documents are acceptable for each Resident app in for assistance Application Must have all required documents attached. Financial Hardship written statement signed by the applicant(s)describing financial hardship due to .Letter COVID-19 (e.g. loss of income, laid off, reduced work hours, furloughed, proof of COVID-19 hardship, unemployment) Iricome`. Employment(3 months of bank statements that show wage payments), Unemployment, Social Security(award letter), alimony, rental income, child or spousal support,etc. Self-Employment Profit and Loss Statement and three (3)bank statements. Identification Driver License, State issued ID, Passport, Green Card, Naturalization Certificate, Birth Certificate and Social Security Card. Housing Notice of Eviction, Notice to Vacate or Case Information; Notice of Past-Due Rent, Lease Agreement(not less than one-year term), Proof of Unsafe Living Conditions. State.Benerits Approval letter(within 60 days of application date)for SNAP, TANF and Medicaid. lJtilres Current and past-due bill or invoice, along with signed lease. NOTE: All past-due payments will be made directly to the landlord and utility vendor. REV_JUU021 Renal A�m ApplxaAoado Page 526 of 1906 BOYNTON BEACH CDC No EMERGENCY RENTAL ASSISTANCE PROGRAM DOCUMENTATION OF FINANCIAL HARDSHIP This form may be completed by one or more individuals within the household in order to demonstrate the household has experienced a reduction in household income, incurred significant costs,or experienced other financial hardship due, directly or indirectly,to COVID-19. Documentation that one or more individuals within the household has qualified for unemployment benefits may be submitted in lieu of this form. First Name Last Name MI Street Address Apt No. city State Zip Check the box(es)that applies to your circumstances: ❑ I hereby certify that one or more individuals within my household have experienced a reduction in household income. Describe the reduction in household income experienced (be specific): ❑ I hereby certify that one or more individuals within my household incurred significant costs. Describe the significant costs incurred (be specific): ❑ I hereby certify that one or more individuals within my household experienced other financial hardship due, directly or indirectly,to COVID-19. Describe the financial hardship experienced (be specific): Page 527 of 1906 Under penalty of perjury, I attest that the information presented in this written attestation is true and accurate to the best of my knowledge. I further understand that providing false representations constitutes an act of fraud. False, misleading,or incomplete information may result in my obligation to repay any funds received through the Emergency Rental Assistance Program and/or other penalties or remedies available under applicable law. Signature Date False Claim Statement.warning: U.S.Code,Title 31,Section 3729,False Claims,provides a civil penalty of not less than$5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented,a false or fraudulent claim;or who knowingly makes,or caused to be used,a false record or statement;or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid. 2 Page 528 of 1906 2191 N. Seacrest Boulevard Post Office Box 337 Boynton Beach,FL 33425 ` Phone: 561-752-0303 Fax: 561-244-5046 https:llwww.boyntonbeachcdc.org! EMERGENCY RENTAL ASSISTANCE(ERA) PROGRAM Certification of Income--Self Verification(Earned Income but No Documentation) This form is to be used if the Household has income but can't provide documents or other traditionaImeans of showing income.This form can be uploaded to the"I have other income documents"section of the application. Name of Applicant: Name of Employee(if different from Applicant): Name of Employer: Address of Employer: Employer's phone: Employer's email: Start date: Total Income for the past 12 months: Are you still employed? ❑Yes ❑ No If no,end date: I earned income in the past 12 months from this employer, but cannot document it because: ❑The business closed due to COVID-19 ❑ My pay was received in cash ❑ The records of my payment were lost or destroyed ❑ Other reason: ❑ 1 affirm that the income information presented above is true and accurate to the best of my knowledge. ❑ I understand that providing false representations constitutes an act of fraud. False, misleading, or incomplete information may result in the denial of my Household's application, the repayment of any funds received through the Boynton Beach CDC ERA program,or other remedies available under law. Signature of Applicant: Date: Page 529 of 1906 BOYNTON REACH CDC EMERGENCY RENTAL.ASSISTANCE PROGRAM WRITTEN ATTESTATION OF INCOME Each household member 1S years or odder, who cannot provide supporting documentation for their income due to extenuating circumstances related to the pandemic, disabilities, lack of technological access or if the income was received in cash must complete this form. Household Member's Name: Property Address: Within the last 12 months,did you receive income from any of the following sources? ❑ Yes []No Wages,salaries,tips,bonus,commissions,etc. Amount of Income over the Last 60 Days$ ❑Yes 7-1 No Severance pay Amount of Income over the Last 60 Days$ ❑ Yes ❑No Net income from the operation of a business or profession Amount of Income over the Last 60 Days$ ❑Yes El No Income from self-employment, including direct sales consulting(i.e. Mary Kay, Tupperware),Uber/Lyft services,and online sales Amount of Income over the Last 60 Days$ If you answered yes to any of the questions above, please provide: Name of Employer/Former Employer Name of Contact Person to Verify Employment Phone Number of Contact Person ❑ Yes ❑No Worker's compensation Amount of Income over the Last 60 Days$ ❑ Yes ❑No Interest/dividends from assets,including bank accounts Amount of Income over the Last 60 Days$ Page 530 of 1906 ❑ Yes ❑No Unemployment benefits Amount of Income over the Last 60 Days$ ❑ Yes ❑No Social Security or Supplemental Security Income(SSI) Amount of Income over the Last 60 Days$ ❑ Yes ❑No Annuities, pensions,and retirement funds (i.e. IRA,401K) Amount of Income over the Last 60 Days$ ❑ Yes ❑No Insurance policies,disability,death benefits,or similar types of periodic receipts Amount of Income over the Last 60 Days$ ❑ Yes ❑No Alimony or child support Amount of Income over the Last 60 Days$ ❑ Yes :]No Regular contributions or gifts received from organizations or other persons not residing in the dwelling(including online donations such as GoFundMe or through a local bank) Amount of Income overthe Last 60 Days$ ❑Yes [:]No Temporary Assistance for Needy Families(TANF) Amount of Income over the Last 60 Days$ ❑Yes ❑No All regular pay,special pay,and allowances of a member of the Armed Forces,except the special pay to a family member serving in the Armed Forces who is exposed to hostile fire (e.g., in the past,special pay included operation Desert Storm) Amount of Income over the Last 60 Days$ ❑ Yes ❑No Any other source (if yes,explain source and last two months income amount) Under penalty of perjury, I certify that the information presented in this certification is true and accurate to the best of my knowledge and that I am unable to provide any documentation of the income listed above. I further understand that providing false representations constitutes an act of fraud. False, misleading, or incomplete information may result in the repayment of any funds received through the Hall County Emergency Rental Assistance Program and other remedies available under applicable law. I also give the Hall County Emergency Rental Assistance Program and its partners permission to obtain a copy of any tax returns from the Internal Revenue Service and to verify income and other information provided herein from other State agencies. Signature of Household Member Printed fume of Household Member Date Page 531 of 1906 2191 N. Seacrest Boulevard Post office Box 337 a 'y'"'' Boynton Beach,FL 33625 Y. Phone: 561-752-0303 Fax: 561-244-5046 httns:llwww.boynton beachcdc.org! Affidavit of COVID-19 Impact Please complete this form if you have not started receiving unemployment anytime from March 13, 2020-today or if you cannot show a loss of income due to the COVID-19 pandemic. Applicant's Name: Application Number: In the box below, please describe your significant incurred costs or financial hardship because of the COVID-19 pandemic: By signing below, i swear or affirm that the answers are true and reflect my current finances and status regarding COVID-19. I understand that a material misstatement fraudulently or negligently made in this affidavit or any other statement made by me(us) in connection with an application for assistance may constitute a federal violation punishable by a fine and/or denial of my(our) application for assistance. I authorize Boynton Beach CDC to obtain records of information pertaining to my financial or employment status from any source in order to verify the information provided by me. Signature of Applicant Date Print Name of Applicant Page 532 of 1906 "'' EMERGENCY RENTAL ASSISTANCE PROGRAM RISK OF HOUSING INSTABILITY FORM This form may be completed by one or more individuals within the household in order to demonstrate the household is at risk of experiencing homelessness or housing instability.A copy of a past due utility or rent notice or eviction notice may be submitted in lieu of this form_ First Name Last Name Mi Street Address Apt No. City State Zip Check the box(es)that applies to your circumstances: ❑ I hereby certify that my household is experiencing unsafe or unhealthy living conditions. Describe the unsafe or unhealthy living conditions(be specific): ❑ I hereby certify that there is other evidence that my household is at risk of housing instability. Describe the other evidence of risk(be specific); Under penalty of perjury, I attest that the information presented in this written attestation is true and accurate to the best of my knowledge. I further understand that providing false representations constitutes an act of fraud. False, misleading,or incomplete information may result in my obligation to repay any funds received through the Emergency Rental Assistance Program and/or other penalties or remedies available under applicable law. Signature Date False Claim Statement. Warning: U.S. code, Title 31, Section 3729, False claims, provides a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented,a false or fraudulent claim;or who knowingly makes,or caused to be used,a false record or statement; or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid_ Page 533 of 1906 a EMERGENCY RENTAL ASSISTANCE PROGRAM SELF-CERTIFICATION OF RISK OF HOMELESSNESS OR HOUSING INSTABILITY Boynton Beach CDC Emergency Rental Assistance Program requires that since March 13, 2020, at leastone member of the household can demonstrate a risk of experiencing homelessness or housing instability. A member of my household has experienced a risk of experiencing homelessness or housing instability; however, is unable to document the risk. (The hardship does not need to exist as of the date of the application as long as it existed for any period of time since March 13, 2020. For example, if one member of your household faced a risk or eviction or lived in an overcrowded situation between March 13, 2020 and August 1, 2020, your household would be eligible for Boynton Beach CDC Emergency Rental Assistance Program assistance under this eligibility criteria.) The hardship includes (check all that apply): ❑ Risk of eviction ❑ Living in an overcrowded residence (number of household members is greater than the number of total rooms), which can increase the risk of exposure to COVID-1.9 ❑ Monthly rent and utilities are more than the household can afford ❑ The household struggles to purchase essential goods or services and pay rent or utilities, such as food, prescription drugs, childcare, transportation, or equipment needed for remote work or school ❑ The household is relying on credit cards, payday lenders, or other high-cost debt products, or depleting savings, to pay for rent or utilities, rather than wages or other income ❑ One or more household members have experienced homelessness Other—Please Explain: Under penalty of penury, I certify that the information presented in this certification is true and accurate to the best of my knowledge. I further understand that providing false representations constitutes an act of fraud. False, misleading, or incomplete information may result in the repayment of any funds received through the and other remedies available under applicable law. Signature of Applicant/ Printed Name of Applicant Date Page 534 of 1906 6.D. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-093-Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign a Professional Services Agreement with Metropolitan Center, Florida International University, of Miramar, FL as a result of RFP No. 021-2419-21 in the amount of$75,000.00 for Economic Development Plan services. Explanation of Request: Initial Agreement Term: August 11, 2021 thru August 10, 2022 On May 6, 2021, the RFP for Economic Development Plan Services was advertised to invite Proposers to provide pricing for economic development research and planning, public policy analysis and development, economic analysis, fiscal analysis and industry, labor force and commercial real estate trends analyses. On May 13, 2021, Procurement Services received and opened four (4) proposals in response to the RFP, they were reviewed by Purchasing Services to ensure the proposals met the RFP requirements. On July 14, 2021, in a public noticed evaluation meeting, the selection committee, comprised of CRA and City staff, discussed and reviewed their ranking of the four (4) proposals. Rank 1: Metropolitan Center, Florida International University Rank 2: Retail Strategies Rank 3: Redevelopment Management Associates Rank 4: NaviRetail, LLC The Committee's unanimous recommendation is to award the Agreement to Metropolitan Center, Florida International University as the highest-ranked qualified firm. How will this affect city programs or services? The purpose of the Economic Development Plan is to create a plan of action based on current and projected economic, industry, and real estate trends; align policy and investments to maximize City assets; and evaluate our assets and chart a course towards a sustainable and equitable economy that will grow jobs and careers, advance opportunities for prosperity, and create vibrant neighborhoods and communities. Fiscal Impact: B udgeted 001-2419-559-49.17- $50,000.00 Community Redevelopment Agency (CRA) - $25,000.00 Alternatives: Strategic Plan: Building Wealth in the Community Page 535 of 1906 Strategic Plan Application: This project will support the City's vision of developing an local economy that grows jobs and businesses and advances opportunities for entrepreneurship and equity. Climate Action Application: Is this a grant? Grant Amount: Contracts Vendor Name: Metropolitan Center, Florida International University Start Date: 8/11/2021 End Date: 8/10/2022 Contract Value: 75,000.00 Minority Owned Contractor?: Extension Available?: Yes Extension Explanation: Attachments: Type Description Resolution approving ranking and Agreement with Resolution Metropolitan Center for Economic Development Plan Services Agreement Agreement® Metropolitan Center, Florida International University D Bid RFP Solicitation D Attachment Submittal ® Metropolitan Center, FIU D Tab Sheets Tabulation Page 536 of 1906 1 RESOLUTION NO.R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE RANKING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT 6 WITH METROPOLITAN CENTER, FLORIDA INTERNATIONAL 7 UNIVERSITY OF MIRAMAR,FL AS A RESULT OF RFP NO.021-2419- 8 21 IN THE AMOUNT OF $75,000.00 FOR ECONOMIC 9 DEVELOPMENT PLAN SERVICES; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS,on May 13, 2021,Procurement Services received and opened four(4) 13 proposals in response to the RFP for Economic Development Plan Services; and 14 WHEREAS, the RFP was advertised to invite Proposers to provide pricing for 15 economic development research and planning, public policy analysis and development, 16 economic analysis, fiscal analysis and industry, labor force and commercial real estate 17 trends analyses; and 18 WHEREAS,the Selection Committee is unanimously recommending to award the 19 Agreement to Metropolitan Center, Florida International University as the highest-ranked 20 qualified firm; and 21 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 22 of staff, deems it to be in the best interest of the citizens and residents to approve the ranking and 23 authorize the City Manager to sign a Professional Services Agreement with Metropolitan 24 Center,Florida International University, of Miramar,FL as a result of RFP No. 021-2419- 25 21 in the amount of$75,000.00 for Economic Development Plan services. 26 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 27 CITY OF BOYNTON BEACH,FLORIDA, THAT: 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 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:\CA\RESO\Agreements\Approve Ranking and Agreement for Economic Development Plan Services-Reso.docx Page 537 of 1906 31 approves the ranking and authorizes the City Manager to sign a Professional Services 32 Agreement with Metropolitan Center, Florida International University, of Miramar, FL as 33 a result of RFP No. 021-2419-21 in the amount of$75,000.00 for Economic Development 34 Plan services. A copy of the Agreement is attached hereto and incorporated herein as Exhibit 35 "A". 36 Section 3. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this 3rd day of August, 2021. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor—Woodrow L. Hay 45 46 Commissioner—Justin Katz 47 48 Commissioner—Christina L. Romelus 49 50 Commissioner—Ty Penserga 51 52 VOTE 53 ATTEST: 54 55 56 Crystal Gibson,MMC 57 City Clerk 58 59 60 (Corporate Seal) S:\CA\RESO\Agreements\Approve Ranking and Agreement for Economic Development Plan Services-Reso.docx Page 538 of 1906 PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT PLAN THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and Metropolitan Center, Florida International University, hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive contract to perform professional planning services, and WHEREAS, THE CITY issued a REQUEST FOR PROPOSALS FOR ECONOMIC DEVELOPMENT PLAN, RFP No. 021-2419-21; and WHEREAS, RFP No. 021-2419-21 defined Scope of Services for Economic Development Plan; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in RFP No. 021-2419-21; and WHEREAS, the City Commission on August 3, 2021, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the REQUEST FOR PROPOSALS; 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 ECONOMIC DEVELOPMENT PLAN services outlined in RFP No. 021-2419-21 and incorporated herein: Sections "RESPONSIBILITIES". RESPONSIBILITIES A. Offer policy recommendations and strategies that will maximize our economic assets and overcome any challenges that currently impede the City's competitiveness in attracting, retaining, and developing high-growth industries. B. Offer policies and strategies that will stimulate (re)development and strengthen commercial centers and corridors. C. Identify current and potential economic assets, placemaking locations, and real estate that have the best opportunity to become economic engines and catalysts for the City. D. Offer strategies and policy recommendations that will help the City attract and retain retail companies, diversify the City's retail sector and lower commercial vacancy rates. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN Page 599 of 19 6 E. Develop a strategic economic development action plan that includes specific policy recommendations and implementation strategies to attract high-growth industries, strengthen and diversify the City's retail market, support small businesses, and capitalize on opportunities and assets, including economic generators and catalysts that exist in the City and region. The CITY's Representative during the performance of this Contract shall be John Durgan, Economic Development Specialist telephone (561) 742-6014. The CONSULTANT'S Representative during the performance of the Contract shall be Maria Ilcheva, Assistant Director of Planning and Operations telephone (954) 438-8652. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on August 11, 2021. The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial one (1) 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 a purchase order and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work products required pursuant to this Agreement within the time period set forth in the purchase order. ARTICLE 4 - PAYMENT 4.1 PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: A. Payment for the work provided by the Professional shall be made promptly on all invoices submitted to the City properly and in accordance with "PRICE PROPOSAL". B. The Professional may submit invoices to the City during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. C. Final payment of any balance due to the Professional of the total 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. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 6 D. The payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. E. The Professional's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request 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 agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement,without the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for TREE PLANTING SERVICES. In submitting its response to the RFP, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this Service Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN Page 541 of 1981 6 ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. A. Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. B. 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 consultants, Products-Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $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. C. Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of$1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. D. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN page 542 -f 4 6 ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 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 Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT,with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 -ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN Page 549 of 6 ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17— TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, the CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19— UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from the performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing the continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address- City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN Page 54-1 of 19 6 Notices to CONSULTANT shall be sent to the following address: Consultant: Metropolitan Center, Florida International University ADDRESS: 1930 SW 145 Ave, 339 CITY/STATE/ZIP: Miramar, FL 33027 Attn: Maria Ilcheva Tel: 954-438-8652 Fax: Email: milcheva@fiu.edu ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to ensure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to ensure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. A. Claims, disputes, or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. B. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN page 545 -f 4 QJ 6 ARTICLE 23— PUBLIC RECORDS 23.1 Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT'S possession. All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ARTICLE 24— SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN Page 5416, of 19 6 on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONSULTANT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. ARTICLE 25— E-VERIFY 25.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described hereinbelow. 25.1.1 Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. The contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub- contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 6 C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. The contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN Page 5416, of 19 6 This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH METROPOLITAN CENTER, FLORIDA INTERNATIONAL UNIVERSITY City Manager Signature/ Name Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Witness RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN Page 549, 'IF i 6 Page 55E) of 6 REQUEST FOR PROPOSALS (RFP) FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 CITY OF BOYNTON BEACH CITY HALL 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 ONLINE SUBMISSIONS ONLY RFP CLOSING DATE: NO LATER THAN MAY 27, 2021) 2:30 P. M. Question Deadline: MAY 13, 2021, No Later Than 12:00 P.M. Page 55+ of 6 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN TABLE OF CONTENTS Tableof Contents..............................................................................................................1 Section 1 —Overview, Background, Scope of Services and Deliverables.......................4 - 10 Section 2 — Instruction to Proposers.................................................................................. 11 - 12 Section 3 — Proposal Submission Requirements...............................................................13 - 14 Section 4 — Evaluation of Proposals.................................................................................. 15 - 16 Section 5 —General Conditions......................................................................................... 17 - 26 Appendix `A' Proposer's Qualification Statement .......................................................................28 - 33 Anti-Kickback Affidavit...........................................................................................34 Non-Collusion Affidavit of Proposer.......................................................................35 Certification Pursuant to Florida STATUTE § 287.135...........................................36 - 37 e-Verify Form..........................................................................................38 - 39 PriceProposal.........................................................................................40 Appendix `B' Draft Contract Agreement .........................................................................42 - 52 Insurance Advisory Form ..........................................................................53 Exhibit "A" ........................................................................................................54 Consolidated Community Redevelopment Agency (CRA) Plan ......................... 2018-19 Community Survey and Focus Group Reports ................................... City Comprehensive Plan .......................................................................... i Page 5512 of 19 6 Finance/Procurement Services 100 E.Ocean Avenue Boynton Beach,FL 33435 ' P. O.Box 310 Boynton Beach,Florida 33425-0310 Telenhone- /5611742-6323 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 Electronic Proposals shall be received by the bidding system no later than: May 27,2021, No Later Than 2:30 PM (Local Time). All Proposal's will be publicly opened and only the names of the Proposers will be disclosed. RFP's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that you allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION,ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton is soliciting proposals from an innovative, visionary, multi-disciplinary professional firm or team (consultant)with expertise and experience in economic development research and planning, public policy analysis and development, economic analysis, fiscal analysis, and industry, labor force and commercial real estate trends analyses. The City is seeking services for a one-year base term with up to three additional one- year renewal options to extend the service agreement. LOBBYING/CONE OF SILENCE: Consistent with the requirements of Chapter 2,Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process.While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any 2 Page 559 of 6 purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30)days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH 3 page 554 --F 4J 6 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 SECTION 1 —OVERVIEW, BACKGROUND, SCOPE OF SERVICES AND DELIVERABLES OVERVIEW Known as "America's Gateway to the Gulfstream," Boynton Beach is a full-service municipality located in the heart of southeast Florida, in the center of Palm Beach County, consisting of 16.5 square miles that includes four miles of the Intracoastal Waterway. Our coastal community has an estimated population of 78,050 residents and has experienced a positive growth rate since 2008 and has grown 8.5%since 2010. Due to its location and year-round tropical climate, Boynton Beach possesses many natural assets that set the stage for numerous leisure, recreation and active lifestyle pursuits. The City of Boynton Beach invests a great deal of resources to ensure that residents and visitors have access to its 253 acres of municipal parks, beach and natural conservation lands. The City has direct access to the Florida Turnpike via Boynton Beach Boulevard and three 1-95 exits, and lies within close proximity to Palm Beach International Airport (14 miles) and Fort Lauderdale/Hollywood International Airport (37 miles). The closest seaports are Port of Palm Beach (21 miles) and Port Everglades (36 miles). The Tri-Rail commuter train makes a stop in the City that connects the rider to Palm Beach, Broward and Miami-Dade Counties. The City of Boynton Beach is undergoing a renaissance and regeneration. Development is on the rise. Development projects like 500 Ocean and Town Square make potential residents and businesses take notice and look to Boynton Beach as their next investment. While these are excellent indicators of growth, the City recognizes that it remains in a competitive market to retain and attract not only residents, business investors, and visitors, but also the talented human capital needed to implement our city's mission. Our organization has identified three aspirational goals—who we want to be as a City: • Vibrant and Resilient Living: Provide, sustain, and enhance a smart and resourceful high quality of life while keeping citizens safe and intelligently responding to adverse conditions. • Connected and Engaged Community: Encourage and share thriving community relationships among and between residents, businesses, and visitors. • Robust Local Economy: Attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. The City has seven (7)Strategic Priorities that guide the City's Strategic Plan: • Culturally Distinct Downtown: Create a city center as a cultural district for business and entertainment to serve as the foundation that connect businesses, residents, and visitors. • Building Wealth in the Community: Attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. • Transportation and Mobility: Improve mobility for modes of transportation for all residents, commerce, workforce, and visitors. 4 Page 5515 of 19 6 • High Performing Organization: Maintain effective and efficient service delivery and continued excellence through organizational governance and internal support and external services. • Public Health and Safety: Keep citizens safe while maintaining high quality of life. • Environmental Sustainability: Beautify and maintain green space and natural areas; enhance industrial • Racial and Social Equity: Cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. BACKGROUND The City of Boynton Beach is seeking proposals from innovative, visionary and qualified professional firms for the creation of an Economic Development Plan. The purpose of the Economic Development Plan is to create a plan of action based on current and projected economic, industry, and real estate trends; align policy and investments to maximize City assets; and evaluate our assets and chart a course towards a sustainable and equitable economy that will grow jobs and careers, advance opportunities for prosperity, and create vibrant neighborhoods and communities.The data-driven Economic Development Plan will help guide the City's economic priorities, land policies, incentives, and marketing strategy. Specific focus areas will need to be incorporated into the Economic Development Plan. These focus areas include the COVID- 19 pandemic, placemaking as an economic development tool and creating an entrepreneurial ecosystem. This plan will identify strengths, weaknesses, opportunities, and gaps for each one of these focus areas and examine their current and potential impact on the overall economy of Boynton Beach. The COVID-19 pandemic has had a massive impact on the retail industry. Consumer spending habits,shifts in commercial real estate demand, and increased retail bankruptcies have all been affected by the pandemic.We would like to examine and understand the local (citywide) impacts the pandemic has had on our retail industry. Part of the City's economic development vision is to create destinations that will, not only attract visitors, but create a high quality of life for residents and businesses.We would like to incorporate placemaking into the Plan, and understand how placemaking can be used as an engine for economic growth. An essential piece to the success of the City's economy is a thriving entrepreneurial ecosystem that connects entrepreneurs to talent, information, and resources. Entrepreneurial ecosystems are built on trust and collaboration among key stakeholders, businesses, organizations that provides services to entrepreneurs, and community leaders. Building an entrepreneurial ecosystem is a long-term strategic initiative for the City, and identifying strategies and policies to help create this ecosystem should be a part of the Economic Development Plan. An additional task and focus of this project will be the creation of a Retail Market Analysis and Recruitment Plan.This analysis will describe the retail landscape within the City, identify retail gaps,detect and examine trends within the retail sector, identify and evaluate retail locations, and create a plan that will identify and help recruit potential prospects for the City. The COVID-19 pandemic has had a massive impact on the retail industry. Consumer spending habits, shifts in commercial real estate demand, and increased retail bankruptcies have all been affected by the pandemic. We would like to examine and understand the local (citywide) impacts the pandemic has had on our retail industry. The following documents serve as resources, that include previous studies, plans, and surveys: • Consolidated Community Redevelopment Agency(CRA) Plan • 2018-19 Community Survey and Focus Group Reports o Boynton Beach Resident Survey Report o Boynton Beach Businesses Survey Report o Boynton Beach Focus Groups Report • City Comprehensive Plan 5 Page 5516, of 6 Keys goals of this project are to: • Offer policy recommendations and strategies that will maximize our economic assets and overcome any challenges that currently impede the City's competitiveness in attracting, retaining, and developing high-growth industries. • Offer policies and strategies that will stimulate (re)development and strengthen commercial centers and corridors. • Identify current and potential economic assets, placemaking locations, and real estate that have the best opportunity to become economic engines and catalysts for the City. • Offer strategies and policy recommendations that will help the City attract and retain retail companies, diversify the City's retail sector, and lower commercial vacancy rates. • Develop a strategic economic development action plan that includes specific policy recommendations and implementation strategies to attract of high-growth industries, strengthen and diversify the City's retail market, support small businesses, and capitalize on opportunities and assets, including economic generators and catalysts that exist in the City and region. TERM OF CONTRACT The initial term of the contract awarded shall be for a one-year base term with up to three additional one-year renewal options. BUDGET The project budget is $75,000 Not included in this budget amount is the City's option to extend the project scope to include the implementation of the retail recruitment/site selection strategy. SCOPE OF SERVICES The City is soliciting proposals from an innovative, visionary, multi-disciplinary professional firm or team (consultant)with expertise and experience in economic development research and planning, public policy analysis and development, economic analysis, fiscal analysis, and industry, labor force and commercial real estate trends analyses. The successful firm shall perform the following six (6) tasks. Task deliverables are described in Section 3. Alternative approaches to the study or methodologies to achieve the study goals are encouraged; however, the Commission reserves the right to accept or reject alternative approaches or methodologies. Scope of Services will include, but not limited to, the following tasks: • Current Market Analysis • Local and Regional Industry Assessment • Real Estate Market Analysis • Retail Market Analysis and Recruitment Plan • Targeted District Analyses • Economic Development Strategic Plan 6 Page 55F of 19 6 Task 1: Current Market Analysis - Identify Current and Potential Economic Engines and Generators for Stimulating Economic Growth. Assess the City's current assets and strengths to capitalize on their economic growth potential. Identify potential placemaking locations and real estate assets that have the best opportunity to become economic engines and catalysts for the City. Examine how to leverage Bethesda Hospital East as an economic engine for the City. Identify ways to attract commercial businesses, promote medical tourism, and market the hospital as a destination for the City. Evaluate potential economic shifts and current commercial market activity (supply/demand) Research population demographic data and evaluate consumer demand Evaluate the impact of the COVID-19 Pandemic on the workforce, specific industries and the overall local economy. Task 2: Assess Local and Regional Industry for Competitive Advantages & Disadvantages within the Local Economy Perform qualitative and quantitative research and analyses to identify the current and projected industries that have the highest potential for growth and market share capture in the City over the next ten (10)years and which have the capacity to function as economic engines and generators in the City. Examine local, regional, and national industry trends and projected industry growth by sector for the City. Evaluate critical areas that influence the City's current and future industry and workforce needs and challenges to attract, recruit, and retain high quality workers. Analyze any challenges/impediments that may exist in attracting or stimulating industry growth. Recommend strategies to build-up strengths and mitigate challenges. Examine the City's current zoning code and land use policies and describe their impact on economic development. Identify and examine regulatory/administrative hurdles that impact economic and business growth. Understand the relative impact the current industry mix has contributed to the City's commercial and real estate development Task 3: Develop Real Estate Development Market Analysis Provide an assessment of the local real estate market potential for commercial real estate by market and submarket area, including recommendations to capitalize on any competitive advantages, market strengths, gaps, challenges, and opportunities. Evaluate market conditions (lease and sales price) for residential and office/commercial development for the City of Boynton Beach and neighboring jurisdictions and forces that act against or for investment in the City. Assess the impact the COVID-19 Pandemic has had on the commercial real estate market. Use quantitative data to support your findings. Assess how future trends in the commercial real estate impact development within the City. Detail leasing activity, absorption, occupancy rates, rental rates and compare with competitive submarkets outside of the City. 7 Page 558 of 19,036 Identify key location challenges for relevant commercial sectors including an evaluation of the development pipeline and long-range land use plans. Task 4: Conduct Retail Market Analysis and Recruitment Plan Assess the existing retail market conditions and define retail trade area in the City of Boynton Beach. Conduct a Market and Retail Gap Analysis on the retail industry in the City to understand the current supply/demand conditions and trends in retails sales. Use quantitative and qualitative data to conduct customer profiles of the retail trade area. Develop a Retail Recruitment Plan that will assist the City in identifying appropriate prospective retailers suited for the City's needs and wants. Recommend specific retailers and restaurants that match the City's customer profile. Develop Implementation Plan for the Retail Recruitment Plan. Develop Site Selection Strategy to help the City identify available sites/property for potential retailers. OPTION:The City may at its sole discretion,through negotiated task assignments, extend the project scope to include the implementation of the retail recruitment/site selection strategy. The tasks may include, but not limited to the following: • Assist the City in implementing the retail recruitment/site selection strategy by developing meaningful relationships, conducting meetings with retailers and their agents, and facilitating handoffs to developers. • Creating customized marketing materials and pitches for specific retailers, brokers, and developers on an as needed and requested basis for meetings and presentations. Task 5: Provide Detailed Analyses of Targeted District Areas Provide a detailed analysis of each of the following districts: • Downtown District • Medical Overlay District • Heart of Boynton • Congress Avenue District • Station Area District • Woolbright Road District • Federal Highway Corridor Task 6: Economic Development Strategic Plan Based on the findings from Tasks 1-5, create an innovative economic development strategic action plan to assist the City's decision-makers in capitalizing on potential economic engines and real estate trends, assist in business attraction and retention, increase the number of high-quality jobs in the City, and build on significant economic strengths and opportunities. These innovative targeted strategies will be incorporated within the City's Strategic Plan and should include an examination of regulatory/administrative hurdles at the State and local levels. 8 Page 559 of 6 Develop a five (5)year strategic action plan that includes specific policy recommendations and implementation strategies to enhance the attraction of high-growth industries, stimulate growth, and build- on opportunities and assets that exist in the City and County. Estimate the fiscal and economic impacts of recommended strategies on the City. Identify barriers to implementation and formulate strategies to mitigate barriers, assess the pros and cons of recommendations and their potential for implementation. DELIVERABLES This Scope of Work is to be completed by FEBUARY 1, 2022. All task deliverables must be approved by the City and are considered delivered upon approval. See the tasks listed under Section 1. Scope of Work for a more detailed description of each deliverable. The successful consultant shall be responsible for the following deliverables to the City: Deliverable 1: Attend Project Kick-Off Meeting The City's Project Leader shall schedule the Project Kick-Off Meeting and ten (10) periodic meetings in coordination with the successful consultant. The successful consultant shall attend a Project Kick-Off Meeting with the project team to clarify and agree upon the project goals and the successful consultant's tasks and deliverables.Any changes in key personnel must be approved by the City at the kick-off meeting. The Commission's Project Leader will introduce the project team and provide an overview of the resources that will be made available to the successful consultant. Deliverable 2: Prepare Scope of Work Timeline and Deliverables The successful consultant shall submit a Scope of Work for review, comment, and approval by the City within fifteen (15) business days following the Project Kick-Off Meeting. The Scope of Work shall include: 1. Preliminary project schedule/timeline that specifies the tasks and deliverables, with delineation of key milestones to be accomplished with task/deliverable descriptions. Project schedule shall estimate and include adequate timeframes for project team reviews dependent upon the projected volume and complexity of deliverable. 2. Identification of the lead and support staff responsible for each task/deliverable. 3. Projected start and completion timeframes for each deliverable. 4. Completion timeframe for each of the successful consultant's responsibilities. 5. A working outline of the format and content of all documents to be produced. 6. Progress reports at 50%, 75%, 90%, Semi-Final, and Final. Deliverable 3: Current Market Analysis This analysis will identify current and potential economic engines for stimulating economic growth in the City,as well as, evaluate potential economic shifts and current commercial market activity(supply/demand). This analysis will use demographic and consumer data to support their findings. Deliverable 4: Local and Regional Industry Assessment Assess local and regional industries for competitive advantages and disadvantages within the local economy. Perform qualitative and quantitative research and analyses to identify the current and projected industries that have the highest potential for growth and market share capture in the City. Deliverable 5: Real Estate Development Market Analysis Provide an analysis of the local real estate market, including recommendations to capitalize on any competitive advantages, market strengths, gaps, challenges, and opportunities. 9 Page 568 of 1981 6 Deliverable 6: Retail Market Analysis and Recruitment Plan Conduct a Market and Retail Gap Analysis on the retail industry in the City to understand the current supply/demand and market conditions, trends, and opportunities to grow and diversify our retail market using quantitative and qualitative data. Deliverable 7: Analyses of Targeted District Areas Provide a detailed analysis of each district identified by the City (see Task 5). Deliverable 8: Economic Development Strategic Plan Create an innovative economic development strategic action plan to assist the City's decision-makers in capitalizing on potential economic engines and real estate trends, assist in business attraction and retention, increase the number of high-quality jobs in the City, and build on significant economic strengths and opportunities. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 10 Page 561 of 6 0 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 SECTION 2— INSTRUCTIONS TO PROPOSERS 2.1 Electronic Requests for Proposals (RFP's)shall be received by the bidding system no later than: May 27, 2021, No Later Than 2:30 PM (Local Time). 2.2 Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Proposer to have their RFP submittal submitted online. 2.3 Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 2.4 It is the responsibility of the Proposers to have received all Addenda that are issued. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Bid and up until Bid closing time and date in the event additional addenda are issued. 2.5 To obtain documents online please visit Boynton-beach.bidsandtenders.net. You can preview the bid documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 2.6 ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions not permitted. 2.7 Proposers are cautioned that the timing of their Bid Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Bid is submitted, as Bid transmission can be delayed due to file transfer size, transmission speed, etc. 2.8 For the above reasons, it is recommended that sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 2.9 Proposers should contact bids&tenders support listed below, at least twenty-four(24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their bid was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at supgortp—bidsandtenders.ca. 2.10 Late Submittal Responses are not permitted by the Bidding System. 2.11 To ensure receipt of the latest information and updates via email regarding this Invitation to Bid, or if a Proposers has obtained this Solicitation from a third party, the responsibility is on the Proposers to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 2.12 All expenses for making RFP responses to the City are to be borne by the Proposers. ii Page 562 of 6 2.13 A sample draft agreement that the City intends to execute with the successful firm(s)is contained within this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. 2.14 Each Proposers, by submission of a bid response, acknowledges that in the event of any legal action challenging the award of an RFP; damages, if any, shall be limited to the actual cost of the preparation of the RFP. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 12 Page 56181of 6 0 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 SECTION 3— PROPOSAL SUBMISSION REQUIREMENTS 3.1 SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Technical Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this REQUEST FOR PROPOSALS. As such, the substance of the Proposal will carry more weight than their length, form or manner of presentation. The Technical Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the REQUEST FOR PROPOSALS requirements. The selected Firm(s)shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP in an expeditious and economical manner, consistent with the needs of the City. Additionally, the selected Firm will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFP. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing and business permits related to the Work specified herein. C. Detailed Proposal. Each of the five (5) sections listed below shall be completed online through the bidding system. 1. Letter of Interest—To be completed online 2. Proposer's Qualification Statement— Form to be completed and attached online 3. Qualifications of Project Team and availability of specialty resources.—To be attached online Provide an overview of the qualifications of the specific project team to be submitted by the Firm/Individual to perform the requested services including: a) An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional.These project team members are hereafter referenced as "key project members". b) Provide resumes for all key project members outlining the relevant experience and education. 4. References—Past Performance—To be completed online Provide a list of three (3)governmental agencies references for similar contracts for which the Proposer has completed or are in progress within the past three (3) years with the following information: 1)Name of Agency,2)Address and 3)Contact Name, Email Address RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 13 Page 56-1 of 1 6 and Telephone Number. The City is interested in learning of other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email or call each reference up to three (3)times. If there is no answer after the third attempt, the City may apply no points for that project experience. 5. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed and notarized when required and submitted. In addition, all other request and supporting documentation should be included. a) Proposer Acknowledgement— Online Acknowledgement b) Proposer Qualification Statement— Upload Form Online C) Price Proposal - Online Form C) Addenda Acknowledgement— Online Acknowledgement d) Anti-Kickback Affidavit— Upload Form Online e) Non-collusion Affidavit of Proposer— Upload Form Online f) Confirmation of Minority Owned Business- Online Form/Upload Documents g) Certification Pursuant to Florida Statute § 287.135 - Upload Form Online h) Confirmation of Drug Free Workplace - Online Acknowledgement i) Palm Beach Inspector General- Online Acknowledgement j) Local Business Certification - Online Form k) Statement of Non-Submittal (if applicable)- Online Form I) Schedule of Sub- Contractors— Online Form m) Submit current Florida Professional License(s), including evidence of possession of required licenses or business permits—Attach and Upload n) References— Online Form o) E-Verify Form Pursuant to Florida Statute § 448.095— Upload Form Online P) Submit any Supplemental information relative to this RFP — Upload Online PRICE PROPOSAL IS A SEPARATE DOCUMENT WHERE YOU WILL INPUT PRICES WITHIN THE SYSTEM RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 14 page 565 -f 4 Q1 6 4 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 SECTION 4— EVALUATION OF PROPOSALS 4.1 EVALUATION CRITERIA The City will designate a Selection Committee to review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best-qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFP, and will be evaluated as follows: CRITERIA POSSIBLE POINTS 1. Approach and Implementation 35 2. Qualifications and Experience 30 3. Proposed Fees 10 4. References 20 5. Local Preference (Yes—5pts; No-Opts.) 5 TOTAL 100 A. Evaluation Process PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE "CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT": 1. A Selection Committee consisting of City staff members, and outside consultant(s), if deemed necessary, will review each written submission for compliance with the requirements of the RFP, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFP. 2. In the event less than three (3)firms express interest in a project or less than three (3)are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to re-advertise, and after a subsequent advertisement resulting in three (3) firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 15 Page 566 of 6 3. The Selection Committee will evaluate, score and rank all responsive and responsible proposals based on the requirements of the RFP and may create a short list of a minimum of three (3)firms deemed to be the most highly qualified to perform the required services. In the event there are less than three (3) responsive proposals, the committee will give further consideration to all responsive proposals received. 4. The Selection Committee may at its sole discretion, request additional information or clarification of any information submitted by Respondent(s). 5. The Selection Committee will conduct discussions, interviews, or require presentations from the shortlisted firms. Upon completion of the discussions, interviews or presentations, the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration and based upon the evaluation criteria listed above. 6. Upon final ranking, the list of proposers recommended for award will be submitted to the City Commission for approval. 7. Upon approval by the City Commission, the City will negotiate an agreement(s) based on the attached draft contract found in Appendix"B" developed from this REQUEST FOR PROPOSALS. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract(s)will be submitted to the City Commission for their consideration and approval. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 16 Page 56F of 6 0 REQUEST FOR PROPOSAL FOR ECONOMIC DEVELOPMENT PLAN RFP No. 021-2419-21 SECTION 5—GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: A NO SUBMITTAL response can be submitted online through the e-Procurement bidding system. 5. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronic by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the Bidding System 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 performances in other Contracts with the City or other government entities. 7. 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; RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 17 Page 5616, of 19 6 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. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier 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. 9. QUALIFICATIONS OF BIDDERS: The City will only consider solicitation responses from firms normally engaged in performing the type of work specified within the Contract Documents. Vendor must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate inability to perform. The City reserves the right to consider a Vendor's history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to successful Vendor. Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 10. DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Automatic disqualifiers are as follows: A. Not including an executed Bidder signature. B. Not being licensed to perform the required work or to provide the required product. C. Not being eligible to bid due to violations listed under Item No.38, "Public Entity Crimes." D. Not completing the Bid Submittal Forms as required. 11. 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. 12. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10)days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 13. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. All Bidders must disclose with their Bid, the name of each of its employees, agents, or relatives who are employees of the CITY. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 18 Page 569 of 19,936 The Bidder represents and warrants to the CITY that no officer, employee,or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract, and that it has not paid, or agreed to pay any person, company,corporation, individual,or Firm,other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract.The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section, the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. A. The Bidder represents that it presently has no interest, either direct or indirect, while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term of this contract, including any officer, employee or agent of the CITY. B. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. C. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest or other circumstance that may influence or appear to influence the Bidder's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 14. 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. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 19 Page 5:78 of 19,936 15. 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. 16. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e-Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have receive ALL addenda that are issued. Bidders should check online at Boynton-beach.bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addenda have been issued, the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS"section of the Bidding System. The Bidder is solely responsible to: A. make any required adjustments to their Bid; and B. acknowledge the addenda; and C. ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 17. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 18. 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". 19. 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. 20. 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. 21. 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. 22. 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 tender's final payment to the respondent. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 20 Page 5:7+ of 19 6 23. 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. 24. 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. 25. ON PUBLIC ENTITY CRIMES-All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a)of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list". 26. 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". 27. 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. 28. LIABILITY: The selected bidder(s)shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims,the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under 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. 29. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 21 Page 5:712 of 19 6 30. 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 31. 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. 32. 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. 33. 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. 34. 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. 35. PRICES, TERMS AND PAYMENT: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally, the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre-paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 36. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. 37. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, delivery instructions, bid prices, extensions and all instructions pertaining to the ITB. 38. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 22 Page 5:79 of 6 considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled "Progress Payments". All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1) copy and: A. Contain the Bidder's Federal Employer Identification Number. B. Clearly reference the subject Contract or Purchase Order number; C. Provide sufficient salient description to identify the goods or services for which payment is requested; D. Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or"final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 39. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s)and report any that are or shall be offered at lower price. 40. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY,the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 41. 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. 42. 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. 43. 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 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 23 Page 5'74F of 1 6 municipality to be a material breach of this contract justifying its termination. 44. 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONCABBFL.US 45. 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 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 24 Page 5:715 of 6 result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 46. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials. 47. SCRUTINIZED COMPANIES - 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 48. E-VERIFY: Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 25 Page 5:716 of 6 duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one(1)year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 26 Page 5:7F1 of 6 APPENDIX "A" RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 27 6 0 PROPOSER'S QUALIFICATION STATEMENT 0 BE COMPLE'll-ED AND UPLOADED ONLINE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 Check One Submitted By: Corporation Name: Partnership Address: Individual CITY, State, Zip: Other Telephone No.: Fax No.: Email Address.: 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 28 Page 5:79 of 6 g. Name and address of Resident Agent: 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES = NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 29 Page 588 of 19 6 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) 11. State the name of the individual who will have personal supervision of the work: 12. State the name and address of attorney, if any, for the business of the Proposer: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 30 Page 581 of 6 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work a +b): Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 31 page 5E32 --F 4 Q1 6 20. Is the financial statement submitted with your proposal (if applicable)for the identical organization named on page one? YES = NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 22. What will be your turnaround time for written responses to City inquires? 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 32 Page 589 of 19,936 26. Has the Proposer, its principals, officers or predecessors' organization(s) been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) (Title) Subscribed and sworn to before me This day of 12021 Notary Public (Signature) My Commission Expires: RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 33 Page 584F of 19 6 i i ANTI-KICKBACK AFFIDAVIT 1-0 BE COMPLE'll"ED AND UPLOADED ONLINE STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 2021 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 34 Page 585 of 6 i i NON-COLLUSION AFFIDAVIT OF PROPOSER 1-0 BE COMPLE'11"ED AND UPLOADED ONLINE State of ) County of ) being first duly sworn, deposes and says that: 1) He is of , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFP: 2) He 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 proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham 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 proposer, integrator or person to fix the price or prices in the attached RFP or of any other proposer, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 2021 Notary Public (Signature) My Commission Expires: RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 35 Page 58161 of 19 6 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 1-0 BE COMPLE'll-ED AND UPLOADED ONLME I, , on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 36 Page 58F of 19 6 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 37 Page 588 of 1981 6 E-VERIFY FORM TO BE COMPLETED N UPLOADED ONLINE Project Name: Economic Development Plan Project No.: 021-2419-21 1. Definitions: "Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor"means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1,2021, Contractors,shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 38 Page 589 of 19 6 Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of❑ physical presence or❑ online notarization, this day of , 2021, by on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 39 Page 598 of 6 PRICE PROPOSAL *BID P S L WILL BE INPUT INTO THE BIDDING SYSTEM— BIDS &TENDERS* 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 service required. The undersigned proposes to deliver the service in accordance with the specifications for "ECONOMIC DEVELOPMENT PLAN" Unit prices are lump sum until the end of the first term. TASKS Item No. Description Unit Unit Price Total Task 1 Current Market Analysis Lump Sum $ Task 2 Local and Regional Industry Assessment Lump Sum $ Task 3 Real Estate Market Analysis Lump Sum $ Task 4 Retail Market Analysis and Recruitment Plan Lump Sum $ Task 5 Targeted District Analyses Lump Sum Is Task 6 Economic Development Strategic Plan Lump Sum Is DELIVERABLES Deliverable 1 Attend Project Kick-Off Meeting/Meetings Lump Sum $ Prepare Scope of Services Timeline and Deliverable 2 Deliverables Lump Sum $ Deliverable 3 Current Market Analysis Lump Sum $ Deliverable 4 Local and Regional Industry Assessment Lump Sum $ Real Estate Development Market Deliverable 5 Analysis Lump Sum $ Retail Market Analysis and Recruitment Deliverable 6 Plan Lump Sum $ Deliverable 7 Analyses of Targeted District Areas Lump Sum $ Deliverable 8 Economic Development Strategic Plan Lump Sum $ Project Total $ RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 40 6 APPENDIX " B" RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 41 Page 592 of 6 0 Draft Contract Subject to modification and final approval by City Attorney PROFESSIONAL SERVICES AGREEMENT FOR ECONOMIC DEVELOPMENT PLAN THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and , hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional planning services, and WHEREAS, THE CITY issued a REQUEST FOR PROPOSALS FOR A ECONOMIC DEVELOPMENT PLAN, RFP No. 021-2419-21; and WHEREAS, RFP No. 021-2419-21 defined Scope of Services for Economic Development Plan; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in RFP No. 021-2419-21; and WHEREAS, the City Commission on , 2021, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the REQUEST FOR PROPOSALS; 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 ECONOMIC DEVELOPMENT PLAN services outlined in RFP No. 021-2419-21 and incorporated herein: Sections "RESPONSIBILITIES". RESPONSIBILITIES a. Offer policy recommendations and strategies that will maximize our economic assets and overcome any challenges that currently impede the City's competitiveness in attracting, retaining, and developing high-growth industries. b. Offer policies and strategies that will stimulate (re)development and strengthen commercial centers and corridors. c. Identify current and potential economic assets, placemaking locations, and real estate that have the best opportunity to become economic engines and catalysts for the City. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 42 Page 591811 of 19 6 Cl. Offer strategies and policy recommendations that will help the City attract and retain retail companies, diversify the City's retail sector, and lower commercial vacancy rates. e. Develop a strategic economic development action plan that includes specific policy recommendations and implementation strategies to attract of high-growth industries, strengthen and diversify the City's retail market, support small businesses, and capitalize on opportunities and assets, including economic generators and catalysts that exist in the City and region. The CITY's Representative during the performance of this Contract shall be John Durgan, Economic Development Specialist telephone (561) 742-6014. The CONSULTANT'S Representative during the performance of the Contract shall be telephone ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on . The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial one (1) 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 a purchase order and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order. ARTICLE 4 - PAYMENT 4.1 PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Professional shall be made promptly on all invoices submitted to the City properly and in accordance with "PRICE PROPOSAL". b. The Professional may submit invoices to the City during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 43 6 c. Final payment of any balance due the Professional of the total price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Professional's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request 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 agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for TREE PLANTING SERVICES. In submitting its response to the RFP, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 44 Page 595 of 6 ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party,for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an"Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $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. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of$1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 45 page 596 -f 4 6 ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 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 Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13— TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non- current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT,with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 -ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 46 Page 59:7 of 6 ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17— TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19— UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address- City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 47 Page 5916, of 19 6 Notices to CONSULTANT shall be sent to the following address- Consultant- ADDRESS ddress:Consultant:ADDRESS CITY/STATE/ZIP Attn: Tel- Fax- Email- ARTICLE el:Fax:Email:ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23— PUBLIC RECORDS 23.1 Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Florida Statutes 119.07. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 48 Page 599 of 6 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT'S possession. All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ARTICLE 24— SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 49 Page 688 of 1981 6 services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. ARTICLE 25— E-VERIFY 25.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 2) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: c) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and d) All persons (including sub-vendors/sub- consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's EVerify System during the term of the contract is a condition RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 50 6 of the contract with the City of Boynton Beach; and c) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 51 Page 682 of 6 This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH CONSULTANT City Manager Signature/ Name Attest/Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Witness RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 52 6 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 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $50,000.00 Broad Form Vendors Med.Expense(any one person) $5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate -$1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ---------------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease,Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSIIRANCEADVISORYFORM Revised 04/2021 53 Page 684 6 EXHIBIT "A" Consolidated Community Redevelopment Agency (CRA) Plan 2018-19 Community Survey and Focus Group Reports ■ Boynton Beach Resident Survey Report ■ Boynton Beach Businesses Survey Report ■ Boynton Beach Focus Groups Report City Comprehensive Plan 54 RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN Page 685 of 19 6 021241921 - Economic Development Plan Opening Date: May 6, 2021 12:00 PM Closing Date: May 27, 20212:30 PM Vendor Details Company Name: Metropolitan Center,Florida International University Does your company conduct business under any other name?If FIU yes,please state: 1930 SW 145 Ave Address: 339 Miramar, FL 33027 Contact: Maria Ilcheva Email: milcheva@fiu.edu Phone: 954-438-8652 HST#: 650177616 Submission Details Created On: Monday May 24,2021 10:54:31 Submitted On: Thursday May 27,2021 13:30:23 Submitted By: Nika Zyryanova Email: niangevi@fiu.edu Transaction#: 1968050b-1498-4abf-8093-691cb70dc835 Submitters IP Address: 73.139.192.104 Bid Number: 021241921 Vendor Name: Metropolitan Center, Florida International University Page 606 of 19-06 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid,at the unit prices, and/or lump sums,hereinafter stated. "Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY"and you are not bidding on it,leave the table and/or line item blank.Do not enter a$0.00 dollar value. Price Proposal The undersigned declares that hadshe has carefully examined the spediftagons and is thoroughly farrdllar wfth he provlalons and with the quality,type and grade of service requited. The undersigned proposes to deliver the eaNke M amordance with the spectilcadons ror'ECONOMIC DEVELOPMENT PLAN' Uflj(Vkt s are lump sum until the and ofthe firstterm. item No. Description Lump Sum UnitPrice{; Notal Task 1 Current Market Analysis 1 =$12,000.0000 $12,000.00 Task 2 Local and Regional industry Assessment 1 $11,000.0000 $11,000.00 Task 3 Real Estate Market Analysis i 1 $11,000.0000 $11,000.00 Task 4 Retail 4e;k�ei'Analysis and Recruitment Plan 1 $16,000.0000 $16,000.00 Task 5 Targeted District Analyses 1 $9 000 0000 $9,000 00 Tagk 6 Economic Development Strategic Plan 1 $13 500 0000 §13,500 00 .. .. , Deliverable 1 Attend Project Kidz-Off MaetingtMeetings 1 $2,000,0000 1$2,000.00 b Inrerebbe 2 Prepare Scope of Services Timeline and 1 $500.0000 $500.00 Deliverables 19ellverable 3 Curets Market Analysis 1 $0.0000 is0.00 Deliverable 4 Local and Regional Industry Assessment 1 $00000 s000 ... Deliverable Real Estate Development Market Analysis 1 $0.0000 $0.00 Deliverable 6 Reim!Market Analysis and Recruitment,Plan 11 $0.0000 $0.00 OelNereble 7Analysts of Targeted Dtsbnct Areas ;1 §00000 $0.00 Deliverable S Economic Development Strategic Plan (1 $0.0000 $0.00 Subt i:j$78,000.00 Letter of interest The Letter of Interest shall summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. Lineq, item Description j Response 1 The Letter of Interest shell srsnmatizes the Proposer's primary it is with pleasure the economic development planning team consisting of the Jorge M. Pdrez Metropolitan qualifications and a firm commitment to provide the proposed Center at Florida International University(JPMC), Jon Stover&Associates,and Magnify submit the attached services. proposal in accordance with the City of Boynton Beach Request for Proposals(RFP No. 021-2419-21).The economic development planning team will prepare on behalf of the City of Boynton Beach, an Economic Development Strategic Plan,the purpose of which'is to create a plan of action based on current and projected econornto, Industry, and reel estate trends;align policy and investments to maximise City assets; and evaluate our assets and chart a course towards a sustainable and equitable economy that will grow jobs and careers, advance opportunities for prosperity, and create vibrant neighborhoods and communities.' The focus areas the of plan include 1)the COVID- 19 pandemic, 2)placemaking as an economic development tool,and 3)creating an entrepreneurial ecosystem. Our multi-disciplinary team of experts has the capacity to deliver high quality plans with strong community support, with an established record of successful implementation.The economic development planning team will work with City leaders to complete an Economic Development Strategic Plan, consisting of 1)data- driven assessment identifying the key trends, issues, and strengths defining ft County's economy,and 2)a market analysis addressing competitiveness,growth, end opportunity in the post-COMM economy,3, a detailed retail market study and recruitment plan, and 3)a strategic plan detailing key policies and investments to position the City for future economic growth and diversification. Implementing effective economic development strategies will meed to rely on a process of recognizing important industrial, market and population brands,Identifying growth opportunities, building on local strengths and addressing the economic challenges brought about by the COVID-19 pandemic.Our experienced team has studied these issues and opportunities and recently completed multiple city economic development plans to build on these trends and opportunities. We took forward to discussing our proposal with the City of Boynton Beach. Beat regards, Dr. Ned Murray,AICP,Associate Director Jorge M. Perez Metropolitan Center 1930 S.W. 145th Avenue-Room 302 Miramar FL 33027 Office: 954-438-8603 �Fax: 954-438651 [ http://matopolron.fiu.edu Bid Number: 021241921 Vendor Name: Metropolitan Center, Florida International University Page 607 of 1906 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information.Please fill out and indicate in the appropriate spaces provided which category best describes your company.Return this form to make it an official part of with your Bid response. Iv We will not be submitting for Confirmation of Min9n'1L9wned Business °Oaacfristhiw ffi,nspw�arrae' tCt^irmmru#m , Is your company a Minority Owned business? � — - _ — W Please select the appropriate response �� Do you possess a certficat in qual€fAng your business as a Minority Owned buslnewt 1 l Issuing organization name Date of Issuance I Local Business Status Certification I am an authorized representative of the business and,on behalf of the Business,request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below wilt qualify the business as a local business. In support of this request,I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for"Local Business Status Certification"you declare that you are not a local business in the City of Boynton Beach. P, We will not be submittino for Local Business Status Certification Does the business haveIs the registered with c Is the business located within the City limits of Boynton Beach, a business tax receipt business regI Number of years in the Florida Division of Business license number, Florida?' issued In the current Corporations? [business year'?- i € r Yes r Yes r Yes r No Ir No r No References Provide a Ilstof three(3)governmental agendas references for similar contracts for which the Proposer has completed on are in progress wfgnln the past three(31 years with the following Informaaan:1l Name of Agency,2)Address and 3)Conrad Name,Email Address and Telephone Number. The City is interested in learning of other experiences with your firm,as such;please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three(3)times. New Column Reference 1 In Progess or Completed Project Reference 2-In Progress or Completed Project Reference 3 In Progress or Completed Project" Name of Agency City of Fort Myers, FL Lake Worth Beach Community Redevelopment Village Of Wellington, FL lAgency Agency Contact y Steven P. Belden ;Joan Olivia Michael O'Dell _ Contact Telephone Number. 1239-3211-7902 56193-2550 561-753-2532 Email Address Isbelden@atylbnyers.cam tjolMa@lakeworth.org modell�wellingtprtfl.gov Name of Project City of Fort Myers Community Economic Lake Worth Arts and Culture Master Plan Project: Village of Wellington Economic Development Strategy Competitive Analysis and Strategic Plan 1000 Lake Avenue: City-Owned Site :Redevelopment Feasibility and Strategy 1000 Lake Ave Financial Feasibility Analysis :Downtown development fiscal and economic ;impact analysis ;Project Description: The purpose of the City of Fort Myers Jon Stover g Associates was selected as part The FIU Jorge M P$raz Metropolitan Center, ! Community Economic Development Strategy is of a team with Lord Cultural Resources In partnership with The Village of Wellington, to develop integrated short-tern and long- to undertake the Downtown Lake Worth Arts produced The Village of Wellington's Economic Irange economic development strategies for and Culture Master Plan. Led by the impact Analysts and 2018 Economic Fort Myers'major commercial boulevards and `Cultural Council of Palm Beach County with Development Strategic Plan. The Economic surrounding neighborhoods.The CEDS Idose participation of the Lake Worth Impact Analysis provided a detailed consists of two deliverables: 1)a'Competitive lCommunity Redevelopment Authority(CRA),the assessment of Wellington's economic structure, Assessment providing a data-driven ;Master Plan aims to leverage a labor force, economic geography, real estate assessment of Fort Myers'economy and a growing local arts scene as a central part of market performance, as well as the most platform for economic development strategies .the greater'downtown'economic comprehensive analysis of the Village's including short-term and long-range planning development strategy. Equestrian ewnomy ever completed. strategies for the City's major commercial corridors and surrounding neighborhoods, and 2)a 'Community Economic Development Project Addressll-ocatwn ICtly of Fort Myers City of Lake Worth Beach Village of Wellington a......... d„ Project Start Date 2019 X2018 2617 Project Completion Date: 2021 L 2021 2018 v - ----_ Project Cost $275,000 1$60,000 $110,000 Subcontractors Bid Number: 021241921 Vendor Name: Metropolitan Center, Florida International University Page 608 of 1906 The Bidder shall state all Subcontractors)and type of Work proposed to be used for this project. Bidders shall not indicate'TBD'(To Be Determined)or'TBA"(To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their fist of Subcontractors. Sub-Consultants The Proposer proposes the following subcontractors or subconsultants for the major areas of work for the Project. The Proposer is further notified that all subcontractorslsubconsultants shall be property licensed,bondable and shall be required to furrrdsh the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontradorslsubconsultants,if required. owner reserves the right to reject any subcontractorstsubconsttitants 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(fmancial capability,lack of resources,etc.)to perform under this award.Owner reserves the right to inspect all facilities of any subcontractors/subconsultants in order to make a determination as to the foregoing. sgP„� hr. .C. 3 ot."t 1 t Hhe s F.a au co ...k.�.�`v y ,- a a, „r,.... ..i;J�...`.e „. 3 8.,.,,F5 .,a.:. OWNFORCES" - .a Address Scope of work license No Percentage['h)of Contract .. 'Jon Stover&Associates, 1718 V2 Florida Ave NW, DC 20009 Jon Stover&Associates, LLC will 27-1089262 27% 'LLC be assisting on this project with the focus on the following tasks: Retail Market Analysis and Recruitment Plan: 1) Retail COVID Impact Analysis 2) Customer Base Analysis and Market Areas 3) Consumer Characteristics and Market Segmentation 4) Retail Leakage and Gap Anatysis 5) Retail Opportunity Assessment 6) Retail Recruitrnent and Retention Strategy Detailed Analysis of Target District Areas: 1) Geographic and Existing Conditions Assessment 2) Business Mix and Orientation 3) Analysis of all categories in Retail Market Analysis 4) Area-Specific Opportunity Assessment t 5) Area-Specific Retail Support and Enhancement Opportunities { Economic Development Strategic Plan: 1) Based above the opportunities identified above, create drat retail support and enhancement recommendations 2) Vat with the prged team and key stakeholder agency stall ) and leadership 3) Refine strategic recommendations and develop the Economic Development Strategic Plan 4) Create an Implementation plan to execute the Strategic Plan 5) Review, Revise, and Finalize the Economic Development Strategic Plan Bid Number: 021241921 Vendor Name: Metropolitan Center, Florida International University Page 609 of 1906 I Magnyfy, LLC 12517 Beach Blvd.,#1308 Magnyfy will provide stakeholder 83-1520667 13°gy m w. Jacksonville, FL engagement approach,plans, 32246 strategies and tactics that support development of a plan for Boynton Beach to align policy and investments to maximize the Cftys assets and chart a course towards a sustainable and equitable economy that enables vibrant neighborhoods and communities. In general, conceptually define and tangibly deliver a public engagement process and stakeholder engagement plan that aligns with the Citys current policies and practices, las well as accepted engagement principles and framework, and R innovations in public engagement. Specifically, •Assure,with diligence,that all stakeholders have equal access to ,a transparent process and that input and feedback is accurately captured and assembled for tdelivery as required. Intentionally activate stakeholders and coalesce competing Interests to meaningfully participate in the process and attendant engagement. Additionally,assure that such delivery meets the principal tenets of the Economic Development Plan and 11the requirements of the City of Boynton Beach. ['•Support the inclusion and/or integration of findings and outcomes into the Economic Development Plan to help inform the best course for a path forward to t economic sustainability for Boynton I,Beach, its residents, and current sand future .............................. .. ..... enterprises Documents Ensure your submission document(s)conforms to the following: Documents should NOT have a security password,as City of Boynton Beach may not be able to open the file.It is your sole responsibility to ensure that the uploaded document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by Cily of Boynton Beach. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file.If the zipped file contains more than one(1) document, ensure each document is named,in relation to the submission format Rom responding to.For example,if responding to the Marketing Plan Category save the document as"Marketing Plan If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. submittal of General Infounadon and Procurement Fom and Do rnents Precuremerd farms must be completed,signed and notarized when required and submitted.In addition,all other request and supporting dowmerdadon should be Induded. • Presrser 6.ka6cCaon tatrerstent-1.Proposer Qualification Statement.pdf-Thursday May 27,2021 11:21:14 • f3 aaltcatiot'ts cif Pra�jae t Teamed oval obi i of s c3alt resources-2.Qualifications of Project Team.pdf-Thursday May 27,2021 11:21:56 • r _ _ '.it affid -3.Anti-l(Ickback Affidavit.pdf-Thursday May 27,2021 11:23:23 • Non- 19usiCr Affidavit asf Pro r1r-4.Non-Collusion Affidavit of Proposer.pdf-Thursday May 27,2021 11:23:35 • Confirmation of Minority Owned Business (optional) • .e " ca'cin P' tan ttFlatridtae 67,13 -5.Certiffication Pursuant to Florida.pdf-Thursday May 27,2021 11:23:49 -Ver' Fri Parrss�agt trs Floridan t 44i3 0� -6.E-Verify Form.pdf-Thursday May 27,2021 11:23:57 • Certificates,Licenses and Business Permits (optional) • A,dditiorrai 1lracalirnant-Technical Proposai.pdf-Thursday May 27,2021 13:25:06 Bid Number: 021241921 Vendor Name: Metropolitan Center, Florida International University Page 610 of 1906 Addenda,Terms and Conditions 1. FAMILIARITY WrtH LAWS:The quagfier Is assumed to bre familTar wigs all Federal.State and Local laws,ordinonces,rules and regulations that In any manner affect the equipment Ignorance o i the part ofthe qualifier will In no way relieve them from responsibility. 2. BIO FORMS:The bidderwlll submit a bid on the bid forts provided.All bid prices,amounts and descriptive information must be legibly entered.The bidder must slate the price and the time of delivery for which They propose to deltvarthe 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 farms in a sealed envelope Mat has the eompan5's name and address,proposal title,number,proposal date and time-on the oulside of the sealed envelope.Proposals not submitted on appropriate proposal forms may be rejected.Ail proposals are subject to the condgipns specified herein.Proposals which do not comply with these con iftions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature are representative who is legallyauthorized to contractually bind the Proposer. 4. NO BID:A NO SUBMITTAL response ran be submitted online through tine e-Procuremerd bidding system. 5. BID DFJIDUNE: It Is the Bidder's responslblitty to assure that the BID Is submitted electronic by or at the proper time and date prior to the BID deadline.Late Submittal Responses are not permitted by the Bidding System 6. RIGHT TO REJECT RFP:Right Is reserved to reject any or all RFP's and to waive technical arras,or to accept any RFP's that are In part deemed as the best responsible qualgler 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 aGqulslton cost ofthis service. Censkferetlan may be given,but not nacessselly limited to conformity to the spedfleatlons,including timely delivery,product warranty,a qualifier's proposed service,abllityto supply and provide service,deliveryto required schedules and past performances In other Contracts whh the City orother govemmend 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 moat responsive,responsible bidder meeting all aspects of the specifications and consider 14 fig Is determined that total coat Is lower and the Overall function Is Improved a not impaired; B, Waive any defect Irregularity or Informality In any bid or bidding procedure; C. Reject or cancel any or all Nile: D, Reissue an Invitation to Old; 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 Bld; H. Consider and accept an alfemate Nd 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: A Available the appropriate financial,material,equipment,facility and personnel resources and expertise.or pre ability to obtain such,necessaryto Indicate Its oapabilityto meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of Integrity; D. Qualified legally to Contract wtNn.the State of Florida and the City of Boynton Beach; E. Supplied all necessary Information in connection with the inquiry concerning responsibility. 8. QUALJFICATIONS OF BIDDERS= The City will only consider solicitation responses from firms normally engaged in performing the type of work specified within the Contract Documents.Vendor must have adequate arganlzation,facilities, equipment,and personnel to ensure prompt and efficient service to the City.Refer to Special Conditions for Additional Qualifications or Certification Requirements In applicable).The City reserves the fight to Inspect the NdRdes,equipment, personnel and organization or to take any other action necessary to determine ability,to perform in accordance with specifications,famine and conditions.The City will determine whether the evidence of ability to perform is satisfactory and reserves the rightto reject responses where evidence or evaluation Is determined to Indicate rnabigtyto perform.The City reserves the right to consider a Vendor's history of any and all types of citations andlor vlolations,Including those relating to suspensions,debarments,or environmental regulations In determining responsibility.Vendorshould submit with Its solicitation response a complete history of all citations ancilorviolations notcea and dispositions thereof.Failure ata Vendor to submit such Information may be grounds for termination of any contract awarded to successful Vendor.Vendor shall notify the City immediately of notice of any clfstions orvlolalions which they may receive after the opening date and during the time of performance under any contract awarded to them. 10. DISQUALIFICATION OF BIDDER More than one Bid from an Individual,fimm,partnership,corporation,or association under the same or different names shall not be considered.All Bids shall be rejected inhere Is reason to believe that collusion exists between Blddem.Automatic disqualifiere are as follows: A Not Including an executed Bidder signature. B. Not being licensed to perform the required work ar ho provide the required product. C. Not being eligible to bid due to violations listed under Item No.38,'Public Entity Crimes.' ❑, Not completing the Bid Submittal Forma as required. 11. INFORMATION AND DESCRIPTIVE LITERATURE Proposers must furnish all rnformatlon requested in the spaces provided on the RFP farts.Further,as may be specified elsewhere,each qualffier must submit for RFP evaluation cuts, sketches,and deactiptive literature and technical spedflcadons covering the products offered.Reference to literature submitted with a previous RFP or an file wfih the buyer will not satisfythls provision. 12. INTERPRETATIONS:Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the'Submits Question'button for this specific BIO no later than ten(10)days prior to the BID deadline.Inquiries must reference the data by which the BID Is to be received. 13. CONFUCT OF INTEREST: The award hereunder is subject to all conillct of interest pmvislone of the City of Boynton Beach,Palm Beach County,of the State of Florida. All Bidders must disclose with their Bid,the name of each of its emproyeea,agents,or relatives who aro employees of the CITY. The Bidder represents and warants to the CITY that no officer,employee,or agent of the CITY has any Interest either directly or Indirectly,in the business of the Bidder to be conducted hereunder.The Bidder further represents and warrents to the CITY that It has not employed or retained any company or person,other than a bone fide employee working solely for the Bidder,to solicit or secure this contract,and that It has not paid,or agreed to pay any person,company, corporation,individual.or Firm,other then the bone fide personnel wonting solelyfor the Bidder for a fee,commission,percentage,gilt or other conaideragah,contingent upon or resuhing from the award or making of this conlrect.Tho Bidder also acknowledges that it hes not agreed as an expressed or Implied conddlon for obtaining this contract to employ or retain the services of any person,company,Individual or Firm in connection with carrying out this contract It Is understood and agreed by the Bidder that,upon the breach or violation of this Section,the CITY shall have the right to terminate the contract without Nobility and at its sole discretion,and to deduct from the contract price,or to othenMse recover the fug amount of such fee,commission,percentage,gift orccnsideradw paid by the Bidder. A The Biddar represents that it presently has no Interest,either direct or Indirect while performing the services required by this Somme which would conflict in any manner with Florida Statutes.The Bidder represents that no person having any such Interest shall be employed during the term of this contract,Including any officer,employee oragent of the CITY. B. The Bidder represents and warrants that It has no current contracfa with any entity that would create any conflict of Interest In Me BlddeYs ability to perform the services required by this contract.Further,the Contractor represents and warrants that throughout the term of this contract,twill natunderiske any work that would create such a conflict of interest. C. The Bidder shall promptly notify the CITY in writing by certified mall or elechonio mall of all potential conflicts of imeresl for any prospective business association,Interest or other circumstance that may Influence or appear to Influence the Bidders)udgment or quagtyof services being provided hereunder.Such written notification shall Identify the prospective business associatfon,interest or circumstance,the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association,interest or circumstance Would,In the opinion of the CITY,constitute a conflict of Interest if entered into by the Bidder.If in The opinion of the CITY,the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder.the CITY shall so state In the notification and the Bidder shag,at its option,enter Into such association,interest or circumstance and It shall be deemed not In conflict of Interest with respect to services provided to the CITY by the Bidder under the tamns and conditions of this Contract If the CITY determines that such potential relationship constitutes a conflict of Interest,Bidder shall W In Bid Number: 021241921 Vendor Name: Metropolitan Center, Florida International University Page 611 of 1906 violation of its contract with the CITY tr8 enters into any relationship whidmoverwith the prospective business. 14. TRADE SECRET:Any language contained In this,Proposers Proposal purporting to require confidentiality of any portion of the Proposal,except to the extent that certain Information is In the Cllyrs opinion a Trade Secret pursuant to Florida law,shall be void.If a Preposer submits any documents at other information to the City which the Proposer clalms Is,Trade Secret 1lmfo MAM and exempt from Florida Statutes Chapter 119.07(Public Records Laws),the Proposar shall Beady designate that it Is a Trade Secret and limit it Is asserting that the document or Information is exempt,The Proposer must spedficeliy identify the exemption being claimed under Florida Stehdes 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 hdtl ham leas the City Its officers,employees,volunteers,and agents,against any lase ar damages Incurred by any person or entity as a result of the Chy+s treatment of reomds 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. 15.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 reaervas 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 opinlon of the Gily,will be In the best Interest of andlor 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 ar failed to deliver on time Contracts of a Similar nature,or who is not in a position to perform property under this award.The City reserves all rights In order to make a determination as to the foregoing. 16.ADDENDA:From time to time,the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents.Since all addenda are available to Bidder's through the City s e"Procurement system Dynton bestr jandtenders,rret,it is the responsibility of each Bidder to have receive ALL addenda that are issued. Bidders should check online at caslton-E eacFl.bidsandtsrldt prior to submitting their bid and up until the bits closing time and date in the event additional addenda are issued.If a Bidder submits their bid prior to the BID closing time and date and an addenda have been issued,the Bidding System shall WITHDRAW the Bidders submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the"MY BIDS"section of the Bidding System. The Bidder is solely responsible to: A make any required adjustments to their Bid;and B. acknowledge the addenda;and C. ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated bid dosing time and date 17.ESCALATOR CLAUSE:Any REP which Is submitted subject to an escalator douse will be rejected. 1&ADDmONAL 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 sheete must be noted"BID Is FOR SPECIFIED QUANTITY ONLY". 19.EXCEPTIONS:Incorporation In an RFP of exceptions to any pordon(c),of the Contract documents may Invalidate the RFP.Exceptions to the Technical and Special Provisions shall be clearly and specifically noted In the qualifiers RFP on a separate Sheet marked'EKCEP ION$TO THE SPECIFICATIONS'and this sheet shall be attached to time RFP.The use of queNers standard forms or the Inclusion of manufacturer's printed documents shell not be construed as constituting an excaption within the Intend of the Contract documents. 20.ALTERNATES:Where a base bid is provided for,the blddershall submit a bid on the base bid and may exercise theirown prerogative In Submitting a hdtl an alternate Items.The Owner reaervas the right to accept or reject the atiemates or base bid or any combination thereof.The Owner,ora 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. 21.DISPUTES:In case of any doubt or difference of opinion as to the hems to be fumished hereunder,the decision ofthe City Manager shah be final and binding on both parties. 22.ANTITRUST CAUSE OF ACTION:in submitting an RFP to the City of Boynton Beath,the respondent offers and agrees that if the RFP Is accepted,the respondent will Convey,sell,assign or transfer to the City of Boynton Bead,all rights,title and Interest In and to all reuses of aeon It may now or hereafter acquire under the antitrust laws ofthe United States and State of Florida for price fixing relating to the particular oommodlies orservlces 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. 23.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 arca,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. 24. 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 horn responsibility. 25.ON PUBLIC ENTITY CRIMES-All Request for Proposal Invitations as defined by Seclen 287.012(11),Florida Statutes,Requests for Proposal as defined by Section 287.012(18),Florida Statutes,and any Contract document described by Section 287.058,FIodda Statutes,shall Contain a statement Infnmmshg persons ofthe provisions of paragraph(2)la)of Section 287.133,Florida Statutes,which made as follows: "A person or affiliate who has been placed cam the Convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity,may rtot Submit an RFP an 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 antity,and may nal transact business with any publlC entity In excess of the threshold amount provided In Section 287.017,for CATEGORY TWO for a period of 38 months hem the date of being placed on the Convicted Professional tlat'. 28.ADVERTISING: In submldng 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'. 27. ASSIGNMENT:Any Purchase Order Issued pursuant to this RFP Invitation and the mortes which may become due hereunder are not assignable except with the prior written approval afthe City. 28. LIABILITY:The selected bidder(s)shall hold and save harmless the City of Boynton Beach,Florida its officers,agents,volunteers and employees from liablilty of any kind In the performance of this Conr acL Further,the selected bidders) shal;Indemnify,save harmless and undertake the defense ofthe City,Its City Commissioners,agents,servants an employees from and against any and all claims,suite,actions,damages,orcauses of action arising during the term of this ContrecL furany personal or bodily injury,loss of life,or damage to property arising directly or Indiree6yrfrom bidders operation parsuantto this Contract and from and againstall costa,attorney fees,expenses and liabilities incurred In and about any such claims,the investigation thereof,or the defense of arty action or proceedings brought thereon,and from and against any orders or judgments which may be entered therein.The City shall notify the bidderwdthln ten J1 0) business days of receipt by the City of any claim,suit or action against the City arising directly or Indirectly from the operations ofthe bidder hereunder,far which the City may be entitled to a claim or indemnity against the bidder,antler 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 ofthe bidders breach of any of the provision of the contract.Bidder shall not be responsible far negligent acts ofthe City or its employees. 29. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES:At the option ofthe Professional,the use ofthe contract resulting from this sakicitu fon may ba extended to other i ovemmertlal agendas,including the State of Florida,its agencies,school boards,Wlgcal subdivisions,counties,and does.Each govemmentat agency allowed by the Contractor to use this contract shall do so independentaf 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 rewtres any liability by virtue or this bid and subsequent contract award. 30. AWARD OFOONTRAcT:The law manetary bid will NOT In all cases be awarded the Contract or Purchase Order.Contracts or Purchase Orders will be awarded by the City tothe mast responsive,respansible bidder whose bid represents the most advantageous bid to the City,price and other factors Considered.Evaluation of bids will be made lased upon the evaluation factors and standards set forth herein.The City reserves the right to reject any and all bids and to waive technical emacs as set forth herein.In the event of a Court challenge to an award by any bidder,damages,If any,restating from an award shell be limited to actual bid preparation COM Incurred by the challenging bidder.In no case YAP 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 Cerny out the required work within thetime specified 31. FUNDING OUT:The rawitant Agreement shell remain in full force and effect only as long as the expenditures provided for In the Agreamard have been apprvpflaled 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. 32. AS SPECIFIED:A Purchase Order will be issued to the suctessfu$bidder with the understanding that all items/services delivered must meet the specifications herein.Itemalservlces delivered not as specified,will be returned at no expehse or penalty,to the City of Boynton Beach, 33.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. Bid Number: 021241921 Vendor Name: Metropolitan Center, Florida International University Page 612 of 1906 The bidder's imwlce payment terms must be eho+m. 34.WARRANTY REQUIREMENTS:Each Item,Including all components and all Installed accessories and equipment shall be guaranteed by the bidder to be free otdefecM parts and wodanaruhip.Thls warranty shall be fora period of 385 days or the time designated In the standard factory warranty,whichever is longer.The wartanty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturers sudwrtsed dealem.Warranty will cover parte,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 eervtce on city property.Warranty to start at the time of acceptance by the City;however,in cases where vehicles or equipmentare not Immediately placed In service,the bidderwill provide a delay of womanly starl-up time.The period of wamudy delay Will be coordinated by Proctimment Services. 35. PRICES,TERMS AND PAYMENT:Bid prices shall be Poled and firm to the extent required under Special Conditions.In the absence of a reference In the Spacial Condi ons,bid prices shall"so fixed and fill for a period of ninety(130) calendar days. Prices must be submitted as ou9lned In the bid specifications.Generally,the prices must be submitted In units of quenly wharsby both unit price and extended total shall be submitted.In case of dlsompancy In computing the amount of the Bbd,the Unit Price quoted shall govern.All prices shall be F.O.B.destination,height pre-paid(unless otherwise stated In the Special Conditions).Award,If made,shall be in accordance with the forma and conditions stated herein. Each item must be Bid separately and no mtempt Is to be made to tle any Ramer Rams In with any other hem or Items. Payment shall be made only after Installation and acceptance for materialalservices.Cash discounts maybe offered for prompt payment;however,such discounts shag not be considered In determining the lowest net coat for bSd evaluation. At]payments shag be governed by the Local Government Prompt Payment Act,F.S.§218. 38.TAXES:Do not Include state or Federal taxes.Not applicable to municipalities. 37.MISTAKES:Bidders aro cautioned to examine OR terms,conditions,spedfirallms,drawings,exhibits,delivery Instrucdons,bid prices,extensions and all lnstrucdons pertaining to the ITB. 39.INVOICINGAND PAYMENT:Paymenfor any and all lmoice(s)that may arise as a result of a Contract or Purchase Order Issued pursuant to this Bid Specification shall minknaly meet the following conditions to be considered as a valid payment request.H progress payments are applied for,all Invoicing and payments shag be as slipulated underthe Special Conditions section tNed'Progress Payments'. An invoices shall be based upon and submitted with an approved Schedule of Values.Said Schedule of values shall aim contain a percentage breakdown of the supplies and services completed for which payment Is requested In comparison to the total contract. All invoices submitted shall consist of an original and one(1)copy and: 1. Contain the Bidder's Federal Employer Identification Number. 2. Clearly reference the subject Cantraet or Purchase Order number, 3. Provide sufiiclent satterd description to Identify the goods or services for which payment Is requested; 4. Must bean original or legible copy of a signed delivery receipt Including bath manual signature and printed name of a designated CITY employee or authorized agent;be dearly marked as'partler,'complee,or'final'Invoice.The CITY shag accept partial de8varies. Timely submission of property certified Invoice(s)shag be to strict accordance with the price(s)and delivery elements as stipulated In the Contract document.The CITY's term of payment,unless otherwsa stated In the Contract or Purchase Order documents Is'Net 30 Days after acceptance of goods or services and receipt of an acceptable Invoice as described herein.Any other Items of payment must have been previously approved by the CITY and appear on the Contract or Purchase order document to be binding on the CITY. Should the CITY rebrm an Invoice for correction,the Vendor shag resubmit a corrected Invoice to the CITY for processing. 39.PROMOTIONAL PRICING:In addition,Bidder shall offer to the CITY,during the Contract period,any ltam(s)offered on a'promosonar basis from the manufacturer.It shall be the successful Bidders respo sibUgy to monger such Rem(s) and report any that are or shall be offered at laver price. 40.CONTRACTUAL AGREEMENT:The submission of a Bid constitudes a firm offer by the Bidder.Upon ameptance bythe CITY,the Procurement services DMslcn shall Issue a notice of award and purchase order(s)8md/0r00.,b t forany supplies, equipment andlor services as a result of this Bbd.The Invitation to Bid and the corresponding purchase ordm(s)and/or contract shall constitute the complete agreement between the sumesstul Bidder and the CITY.Unless otherwise stipulated In the Bid documents or agreed to In writing by bath parties.no other contract documents shall be Issued or accepted. 41.LICENSE AND PERMITS: It shall be the responsiblitty,ofthe successful qualifier to obtain all limnaes and permits,ff required,to complete Iths service at no additional costio the City. Licenses and permits shall be readlly available for review by the Assistant to the Flnance Director and City Inspectors. 42. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH:Quatlfler certifies that all material,equipment,etc.,wntained In this RfP meets all O.S.HA.requirements.Qualifier further carliges that if awarded as the successful qualifier, and the material equipment,etc.delivered Is subsequently found to be deficient In any O.S.HA.requirement In effed on date of delivery,all costs neceseary to bring the materials,equipment,atc.,Into compliance with the siommendoiled requirements shall be bome by the qualifier. Qualifier certifies that all emphoyees,subcontractors,agents,etc.shall comply with all O.S.HA.and State safely regulations and requirements. 43. 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 arty contracts resulting from this solicitation,and in furtherance thereof,may demand and obtain records and testimony from the oanbado 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 subcontrectors to hilly cooperate with the Inspector General when requested,may be deemed by the municipalityto be a material breach of this contractJustlfying Rs terminason. 44. PUBLIC RECORDS:Sealed documents received by the City In response to an Invitation are exempt from public records disclosure unfit thirty(30)days after the opening of the Bid unless tie City Whounres Intent to award sooner,In accordance with Florida Stalutas 119.07. The City Is public agency subjecito Chapter 119,Florida Statutes.The Contractor shall comply with Florida's Public Records Law.Spedsoa6y,the Contractorshali: 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 Cn Y's custodian of public records,in a format that is compatible with the information technology systems of the CITY. E.IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUES,TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON,CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH,FLORIDA,33435 561-742-6061 0If3 DWD BI EL.UJS Bid Number: 021241921 Vendor Name: Metropolitan Center, Florida International University Page 613 of 1906 45. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No.10.15.01 provides for a local business preference. 'For all acquisitions made pursuardto Sealed Competitive Bid,as provided In Sac.10.05,the City shall give preference to a Local Business If the Laval Business'bid Is determined to be within five percent(5%)or five thousand dollars ($5,000.00),whichoveris less,of the lowest responsible and responsive bidder.In revenue generating contracts where award,Ifany,Is to be made to the bidder resuming the highest amount to the City,the same preference sel forth herein shall be applied with reaped to the highest Nd' In order to be considered for a Wral business preference,a bidder must Include the Leval Business Status Certification Form at the time of bid submittal. Failure to submitthls form at the tame of bid submetal will rasuit In the bidder being found Ineligible for the local business preference for this solkdlallon. Failure of the contractor to comply whh the provisions set forth In this General Condition shall constitute a Default and Breech of floe Agreement with the City. 46. DIRECT OWNER PURCHASES:The CrrY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY'e suppliers for conetructonlpublic works related materials. 47. SCRUTINIZED COMPANIES-287.135 and 215.473:By submission of this Bid,Proposer certifies that Proposer is not participating Ina boycoa of Israel,Proposer further certifies that Proposer Is not on the Scrutinized Companies that Boycott Israel tat,not on the Scrutinized Companies with Activities In Sudan Llst,and not an the SCndinized Companies with Activities In the Iran Petroleum Energy Sector List,or has Contractor been engaged in business operations in Syria.Sub]eclto limited exceptions provided In state Law,the City will not contractfer the provision of goods or services with any scrutinized company referred to above.Submitting a false certification shag be deemed a matefial breach of Contract The City shall provide notice,In writing,to Contractor of the CIty's determination concerning the false Certification,Contractor shall have five(5)days from receipt of natice to refute the false certification allegation.If such false Certification Is discovered during the active contracttarn,contractor shall have ninety(90)days following receipt of the notice to respond In whdng and demonstrate that the determination of Islas certification was made in error.If Contractor does not dernwstrete that the City's delmr ninstion of false Certification was made in emorthen the Clay shall have the right to terminate the contract and seek civil remedies pursuant to Sefton 287.135,Florida Statutes,as emended from time to time. 48. E-VERIFY:Contractor oertfies that it Is aware of and complies with the requirements of Section 448.085,Florida Statues,as may be amended from time to time and briefly described herein below. 1) Definitions tar this section: 'Contractor•means a person or entity that has entered oris atempt[ng to enter Into a contract with a public employer to provide labor,supplies,or services to such employer In exchange far salary,wages,or other remuneration,'CsNador includes,but is not limited to,a vendor or consultant- 'Subcontractor" onsultant'Subcontractor"means a person or a"that provides labor,supplies,or services to or for a contractor or another suborn ador In exchange for salary,wages,or other remuneration. 'E-Verify system'means an Intemet-based system operated by the United States Deparbnem of Homeland SecurFtythal allows participating employers to slactrwmirally verifythe employmenteilgibitty of newly hired emproyess. 2) Reglstraton Requirement;Termination:Pursuant to Section 448.095,Florida Statutes,effective January 1,2021,contractors,shag register with and use the E-verify system to order to verify the wodt authodzal€on status ofall newly hired employees.Contractor shall register for and uttiize the U.S.Department of Homeland Seeudty's E-Verify System to verify the employment eligibility of.. a. All persona employed by a Contractor to perform employment duties within FTorido during lime term of the contract;and b. All persons Mduding sub-veru!ors/sub-wnsutanWaub-wrdmctom)assigned by Contractor to perforin work pursuant to the contract with the City of Baynton Beach.The Contractor edmowfedges and agrees that registration and use of the U.S.Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach;and C.The Contractor shall comply with the previsions of Section 448.095,Fla.Stat,'Employment Eligibility;as amended from time to time.This Incudes,but Is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees.Contractor shall oleo require all submntractm to provide an affidavit allesfing that the subcontractor does not employ,contract with,or subcontract with,an unauthorized agen.The Contractor shall maintain a copy of such affidavit for the duration of the contract FalIure to comply will lead to termination of this Contract,or If a subcontractor knowingly violates the statute,the sul oardrad must be terminated immediately.Any challenge to termination under this provision must be filed in the Circuit Court no later then twenty(20)calendar days after the date of tem inion.Termination of this contract undert is Sefton is not a breach of contract and may not be considered as such.If this contract Is terminated for a violation of the statute by the Contractor,the Contractor may not be awarded a public contract for a period of ane(1)year after the date of termination. Fr I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Nika Zyryanova,Research Specialist(Co-PI),FIU Jorge M.Pgrez Metropolitan Center The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid.Do you have a conflict of interest? r Yes r. No The Bidder acknowledges and agrees that the addendumladdenda below form part of the Bid Document Please check the!lox in the column"I have reviewed this addendum"below to acknowledge each of the addenda. have reviewed the File Name below addendum and Pages cfirraa If applicable) Thera have not been any addenda issued for this bfd. Bid Number: 021241921 Vendor Name: Metropolitan Center, Florida International University Page 614 of 1906 FIUr rez Metropolitan Center It is with pleasure the economic development planning team consisting of the Jorge M. Perez Metropolitan Center at Florida International University(JPMC),Jon Stover&Associates, and Magnify submit the attached proposal in accordance with the City of Boynton Beach Request for Proposals(RFP No. 021-2419-21). The economic development planning team will prepare on behalf of the City of Boynton Beach,an Economic Development Strategic Plan,the purpose of which "is to create a plan of action based on current and projected economic, industry, and real estate trends; align policy and investments to maximize City assets;and evaluate our assets and chart a course towards a sustainable and equitable economy that will grow jobs and careers, advance opportunities for prosperity, and create vibrant neighborhoods and communities."The focus areas the of plan include 1)the COVID-19 pandemic, 2) placemaking as an economic development tool, and 3) creating an entrepreneurial ecosystem. Our multi-disciplinary team of experts has the capacity to deliver high quality plans with strong community support, with an established record of successful implementation. The economic development planning team will work with City leaders to complete an Economic Development Strategic Plan,consisting of 1)data-driven assessment identifying the key trends, issues,and strengths defining the County's economy, and 2) a market analysis addressing competitiveness, growth, and opportunity in the post-COVID economy,3,a detailed retail market study and recruitment plan,and 3) a strategic plan detailing key policies and investments to position the City for future economic growth and diversification. implementing effective economic development strategies will need to rely on a process of recognizing important industrial, market and papulation trends, identifying growth opportunities, building on local strengths and addressing the economic challenges brought about by the COVID-19 pandemic. Our experienced team has studied these issues and opportunities and recently completed multiple city economic development plans to build on these trends and opportunities. We look forward to discussing our proposal with the City of Boynton Beach. Best regards, Dr. Ned Murray,AICD,Associate Director Jorge M. Perez Metropolitan Center 1930 S.W. 145th Avenue- Room 302 Miramar, FL 33027 Office: 954-438-8603 Fax:954-438-8651 httP:Hmetropolitan.fiu.edu JORGE M.PtREZ METROPOLITAN CENTER Steven J.Green School of International and Public Affairs 1930 SW 145'Ave•Mirarnar,FL 33027 -Tel:954-438-8657 ®metropolitan.fiu.edu Florida Intrn innal Univmhyis an Equal pppon�ky'Acce Fnnploya and Insdimfon-TDb vi.FRS 1-809554nI Page 615 of 1906 ® m Page 616 of 1906 Qualifications The Jorge M.Perez Metropolitan Center at Florida International University(FIU,Jon Stover and Associates, and Magnyfy have teamed together to propose the completion of an Economic Development Strategic Pian on behalf of the City of Boynton Beach. The team brings together a range of experienced professionals and cutting-edge researchers focused on city-level economic development. The Jorge M. Perez Metropolitan Center at Florida International University (FIU) is the leading urban "think tank" in South Florida established in 1997 as an applied research unit under the School of International and Public Affairs (SIPA). The Center has a solid record of providing technical services to communities in the areas of economic development,housing,transportation and land use planning.Since March, the Metropolitan Center has served as the leading think tank on the economic and community impacts of the COVID-19 pandemic.The Center has produced a series of webinars,infographics,and policy briefs on the topic. The Center is also inserting nuance thinking on the Post-COVID economic in several current planning studies in Palm Beach, Lee and Miami-Dade Counties. The Center's approach to providing technical services is to take into account the unique needs of individual communities, while adhering to recognized methodologies for data analysis and reporting. The Center houses the ongoing South Florida Regional Database Project,which includes asset mapping, best practice research, and full in-house Remote Sensing and Geographic Information Systems (GIS) capabilities. Moreover,the Metropolitan Center is a Census Information Center(CIS),which allows for early access to release data and data with restricted use. The Center's unique expertise is our ability to formulate comprehensive solutions to complex public policy issues. The Center's senior leadership has over 100 years of experience in strategic analysis, economic development, regional and municipal economic development, transportation analysis and planning, and survey and public opinion analysis. Our multi-disciplinary team of experts has the capacity to deliver high quality plans with strong community support, with an established record of successful implementation. The Center has produced many successful economic development plans In South Florida,including: City of Fort Myers Community Economic Development Strategy Village of Wellington Economic Development Strategic Plan z City of Delray Beach Targeted Industry Study City of Doral Economic Development Strategic Plan City of Deerfield Beach Citywide Economic Development Strategic Plan City of Fort Lauderdale Housing and Economic Analysis Healthy West Kendall, Baptist Hospital Community Economic Development Strategy City of Dania Beach Downtown Economic Analysis Miami-Dade County Prosperity Study Liberty City Economic Opportunities Report City of Miami Beach Economic Impact Analysis and Brand Study City of Doral Economic element to Comprehensive Plan The West End Strategic Economic Development Action Plan City of Miami Gardens Comprehensive Economic Development Strategy Jorge M. Perez Metropolitan Center FIU � Page 617 of 1906 City of Miami Targeted Industry Study City of Miami Florida East Coast(FEC)Railway Corridor Strategic Redevelopment Plan(Midtown Miami) Miami-Dade County Economic Development Implementation Plan In addition, the Metropolitan Center has the unique capacity to draw on the expertise of FiU's talented academic community. The Center serves as a "portal" for its clients to enable easy access to key FIU departments and research centers. The Center works closely with School of Architecture, College of Business, Lehman Center for Transportation Research and Department of Public Administration. Lastly, the Center has a history of providing on-going support to its municipal clients above and beyond the negotiated scope of services. Municipal clients know they can call on the Metropolitan Center for follow- up technical assistance and cutting-edge best practice research at no additional cost. Jorge M. P6rez Metropolitan Center Page 618 of 1906 Economic Development Consulting 'S'&A Bridging the Gap Between Local Government, Business, Development, and the Community We help make neighborhoods great. JS&A is Er certified business enterprise (CBE) in the District of Columbia that specializes in economic and real estate analysis, Jon Stover&Associates (JS&A) works with public, private, and neighborhood revitalization strategy,and stakeholder coordination nonprofit organizations to bridge the gap between the very to implement what needs to got done.Founded in 2009,JS&A has differentworlds of local policy,business,urban design,community completed hundreds of projects around the country for city interest, and real estate development. In doing so, we inform, agencies, real estate developers, community groups, non-profit develop, and implement strategies to strengthen a place organizations, and private business owners. Please visit economically, visually, and socially. Whether you are seeking to wwwjonstoverandassociates.com for more information on our shape your parcel, corridor, city, or region, we look forward to services and our portfolio of work. working with you. Analysis Strategy Implementation NINO illlii % "1 0, I Iwo UZU ;�Z lt M'� I 5 M 9i' i FI IN Jon Stover&Associates (202)69S-4956 I www.stoverandassociates.com 1 17181/2 Florida Ave NW,Washington,DC Page 619 o 1� P� 7ifk Y y r i y 1'nP r 4t F arc i ifzslatv an ��'i: + I h t t Jan Stover & Associates (JS&A) works with public, private, and nonprofit organizations to bridge the gap between the very different worlds of local policy, business, urban design, community interest, and real estate development.As Economic Development Consultants, we inform, develop, and implement strategies to strengthen a place economically, visually, and socially. A certified business enterprise (CBE) located in the District of Columbia,JS&A Our Affiliations specializes in conducting economic impact analysis,forming neighborhood and commercial revitalization strategies, and implementing strategic opportunities International Downtown Association to bolster local economies. American Planning Association Founded in 2009,JS&A has completed hundreds of projects around the country Responsible Hospitality Institute for town, city,and state agencies, nonprofit organizations such as Main Streets and Business Improvement Districts, and private developers and business Staff Certified by the American Institute of Professional Planners owners. For more information aboutourfrrm,ream,andprevious Main Street America Allied Member experience,visit www jonstoverandassociates.cam. a 1 1"M 1718%Florida Avenue NW Washington,DC 20009 1 info@stoverandassociates.com 1 (202)695-4956 Page 620 of 1906 a Page 621 of 1906 E D MURRAY ASSOCIATE DIRECTOR F11 1'u Jorge M. P6rez F-. Metropolitan Center } t PROFILE Dr. Ned Murray, AICP, Associate Director is a leading expert on a . A economic development policy and planning and real estate market analytics. He has served as principal investigator (PI) on many landmark planning and economic studies for cities and counties in South Florida. As a highly respected former city planning and development director, Dr. Murray has hands-on experience and knowledge of industrial development at the local level. m mr W p m y . PROFESSIONAL EXPERIENCE Dr. Murray also has over twenty years of professional urban planning and development experience, including 12 years as a former Director of Planning and Development in Massachusetts. _ He is a national expert on industry clusters and targeted industries. Dr. Murray has authored and presented numerous papers on economic development, housing, and urban planning, including articles published in Economic Development Quarterly (EDQ), the Economic Development Journal, the Journal of Public Affairs Education and the Council for Urban Economic Development's Commentary. Dr. Murray led the planningteam on the design and development of Midtown Miami and the revitalization of the worldly-renowned Wynwood Arts District. RECENT ECONOMIC MARKET STUDIES, PLANS, AND PUBLICATIONS ' • City of Fort Myers: Community Economic Development Strategy • When Work Disappears: Planning the Post-COVID-19 Economy • West Kendall: Community Economic Development Strategy ® • Village of Wellington Economic Impact Analysis and Plan ® • City of Doral Economic Analysis Competitive Assessment • City of Doral Economic Developments Strategic Plan • City of Deerfield Beach Citywide Economic Development Strategic Plan ' City of Delray Beach Competitive Assessment& Cluster Strategies ' • City of Dania Beach Dania Beach City Center Development: Economic Analysis and Community Charrette __ Page 622 of 1906 MARIA ILCHEVA { ASSISTANT DIRECTOR Flu, Jorge „M. 6 Metropolitan Center' PROFILE Dr. Maria Ilcheva, Assistant Director of Planning and Operations has experience and responsibility in a number of areas critical to the Jorge M. Perez Metropolitan Center operations, including serving as Principal Investigator and/or Project Manager on a number of contracts and grants, with many of them including a public involvement element. She plays an inegral role in preparation of research reports, presentations and findings to stakeholders, including senior decision-makers, elected officials, community leaders, and professional audiences. r PROFESSIONAL EXPERIENCE Dr. Ilcheva has over ten years of experience in working on various economic development, social and behavioral projects. She serves as Subject Matter Expert in data analytics and behavioral research. She has developed and applied advanced research methodologies for demographic, economic, statistical and GIS analysis. ® ® RECENT ECONOMIC MARKET STUDIES, PLANS, AND PUBLICATIONS • When Work Disappears: Planning the Past-COVID-19 Economy • Small Business Big Impact 0 Make it Miami: Report on South Flroida's Manufacturing Sector • Miami-Dade County Community Needs Assessment * City of Fort Lauderdale:Affordable Housing& Economic Analysis • City of Doral Economic Analysis Report I: Competitive Assessment • City of Doral Economic Analysis Report 11:Strategic Policy Recommendations •• • City of Deerfield Beach Citywide Economic Development Strategic • Plan . . - • Delray Beach Competitive Assessment& Cluster Strategies Economic Development Study • Miami-Dade County Prosperity Initiative Feasibilit Stud .• f age 1623 of 1906 r p I KA ZY RYA OVA RESEARCH SPECIALIST FlU�£ : Jorge M.Pdrex " Metropolitan Center PROFILE Ms. Zyryanova, MSIRE, has experience and responsibility in r several areas essential to the Jorge M. Perez Metropolitan Center's operations, including research, data collection, analysis, methodology development, and material design. Her research areas of interest include real estate development trends, economic dynamics, and urban planning. Her greatest strengths as a planner, which come from her multi-disciplinary background, include the knowledge that urbanism and real estate have a symbiotic relation to larger economic forces, the ability to think critically about complex problems, and finding solutions in the most effective ways. PROFESSIONAL EXPERIENCE Ms. Zyryanova's work is focused on a range of customized economic and demographic data analysis, including market competitiveness, housing, local and regional economic development, industry ecosystems, and socioeconomic trends. She has provided community development and planning advisory services to many jurisdictions — counties and local governments, involving application of planning skills, preparation of market analyses, affordable housing reports, comprehensive plans, ® " r economic reports, workforce and business assessments, parcel analyses, and interpretation of technical land use and zoning. • • , PROJECTS r • West Kendall: Community Economic Development Strategy City of Fort Lauderdale:Affordable Housing& Economic Analysis • City of Fort Myers: Community Economic Development Strategy • City of Deerfield Beach: Data Update to the Citywide Economic Development Strategic Plan • Mapping for Change Targeting Affordability Housing Opportunities ® through Application of GIS • Miami-Dade Comprehensive Housing Market Analysis 1 ® . 0 Broward County Affordable Housing Linkage Fee Nexus Study • City of Miami: Housing Needs Assessment& Technical Compendium ' • City of Miami:Affordable Housing Master Plan • •• 0 Palm Beach Countv Affordable Housing Needs AR@9"4'i# of 1906 Managing Partner Jon Stover is the founder and Managing Partner of Jon Stover&Associates.Mr.Stover is an expert in neighborhood revitalization and public-private economic development initiatives that help local stakeholders achieve a shared vision for ` their communities. He specializes in real estate market analysis;fiscal and economic impact analysis;development } feasibility;inter-agency coordination; and economic development strategies. Mr.Stover has secured, planned,and rj tf i directed projects working for and partnering with hundreds of county agencies, city departments,community groups, �l j'tts��{r�{i} r� On— �6 t � � n profit organizations, neighborhood stakeholder organizations, real estate developers and private business owners. Education University of Pennsylvania Real Estate Analysis to Inform Prince George's County-Wide Zoning Rewrite I Prince Masters of Urban Planning School of Design George's County, Maryland, Maryland-National Capitol Parks and Planning Commission Wharton School of Business Kansas City Urban Redevelopment Strategy i Kansas City, Missouri Certificate in Rea!Estate Development Greater KC Local Initiatives Support Corporation (Joint Program with School of Design) Buford Highway Masterplan Real Estate&Demographic Analysis i Atlanta, Georgia Cornell University Atlanta Regional Commission, City of Chamberlee, and City of Doraville Bachelor of Science in City and Regional Planning Old South Baton Rouge Economic Development Plan i Baton Rouge,Louisiana Center for Planning Excellence,Arts Council Speaking Engagements Downtown East Re-Urbanization Strategy and Small Area Plan I Washington, DC 'Tips for Measuring the Impact of Your DC Office of Planning Program."Downtown Pennsylvania Conference, Pennsylvania Main Streets Reunion Square Catalytic Impact Assessment TIF Financing Analysis i Washington, DC (2019) Four Paints, LLC "Building Resiliency on Main Street." Nighttime Economy Impact Assessment Best Practices and Recommendations Main Street NOW,Seattle(2019) Responsible Hospitality Institute "Breaking the Black Box of Economic Impact."Main Street NOW,Seattle Mid City East Small Area Plan i Washington, DC (2019) DC Office of Planning NPR's All Things Considered, Guest Interview(2018) Lake Worth Arts and Cultural Economic Development Strategy i Lake Worth, Florida "Using Data to Bolster Decision Lake Worth Community Redevelopment Association Making."Tennessee Retail Summit, Economic Generators and Catalyst Study i Prince George's County, Maryland Tennessee Main Streets(2018) Maryland—National Capitol Park&Planning Commission "Quantifying the Nighttime Economy in Your City."Sociable City Summit,New Eastover Sector Plan Redevelopment Strategy i Forest Heights, Maryland Orleans(2018) Maryland—National Capital Park and Planning Commission "Local and National Retail Trends:Haw Can We Help Businesses Compete Now Southwest Neighborhood Plan I Washington, DC and In the Future."DC Main Street DC Office of Planning Executive Director Training(2018) "Understanding the Economic and Economic and Fiscal Impact Study of Hershey Corporation and Tourism i Hershey, Fiscal Impact of Your Programs." Pennsylvania, RDS, WTL+a, Hershey Corporation Neighborhoods USA Conference(2017) CHASE Action Agenda I Washington, DC DC Office of Planning, DC Department of Housing and Community Development Page 625 of 1906 Senior Consultant I Project Manager Leslie Deacon,AlCP,specializes in the intersection between physical and land use planning,economic analysis,and s}„ community development. Her professional expertise includes zoning and land use analysis, real estate market analysis, economic development strategies and impact analysis, and site feasibility studies.As her work spans from parcel specific sS 11��sr to nationwide studies, Ms. Deacon leverages her background in architecture and urban planning to provide communities �=t: with insights on planning for projected changes and leveraging local assets and competitive advantages through master planning and land use consulting services. Education Columbia University Masters of Science Lake Worth Arts and Cultural Economic Development Strategy I Lake Worth,Florida in Urban Planning Lake Worth Community Redevelopment Association University of Cincinnati Downtown East Small Area Plan I Washington,DC Bachelor of Science DC Office of Planning in Architecture Middlebury Downtown Master Plan I Middlebury, Vermont Affiliations Town of Middlebury American Institute of Reunion Square Catalytic Impact Assessment TIF Financing Analysis I Washington, DC Certified Planners Four Points, LLC American Planning Association Commercial Real Estate Women Buford Highway Masterplan Real Estate&Demographic Analysis I Atlanta, Georgia Atlanta Regional Commission, City of Chamberlee,and City of Doraville Speaking Engagements Hechinger Mall Visioning and Impact Analysis I Washington, DC 'Tips for Measuring the Economic H Street Main Street Impact of Programs and initiatives' Great Lakes Main Street Conference Cleveland Park Strategic Plan I Washington,DC (2019) DC Deputy Mayor's Office of Economic Development and Planning "Breaking the Black Box of Economic impact."Main Street NOW, Streetcar Ridership Economic Impact Analysis I Washington, DC Seattle(2019) H Street Main Street National Main Street Center Training Economic and Fiscal Impact Study of Hershey Corporation and Tourism I Hershey, Webinar with Main Streets(2018) Pennsylvania, RDS, WTL+a, Hershey Corporation "Growth and Adaptation of a Main Street."Main Street NOW, Re-Imagining Reeves Market Study and Development Opportunity Assessment I Kansas City(2018) Washington, DC, DC Office of Planning, DC Deputy Mayor's Office of Planning and The Numbers Are In. Learn the Economic Development Economic impact of Your Main Street Program."Main Street NOW, Indian River Lagoon Impact Assessment I St.Lucie County, Florida Pittsburgh(2017) WTL+a, Treasure Coast Regional Planning Council "The Power of Tracking Your Main Street's Economic Performance."Main Aberlin Springs Residential Master Plan I Greater Cincinnati, Ohio Street NOW, Milwaukee(2016) North Pointe Group,Pendragon Homes Experience Reading Road Corridor Master Plan I Mason,Ohio Land Use Planner City of Mason* Bayer Becker Cincinnat,Ohio *Projects conducted while at Bayer Becker. Page 626 of 1906 I I va0ena Scott Brand Engagement and Strategic Initiatives Professional Recognized for 15+ years of award-winning communications and marketing communications leadership in corporate, nonprofit and consulting environments serving Fortune 100 6& 500 companies, colleges and universities national associations, and local and federal governments " High level of responsibility for establishing and managing marketing services infrastructure to serve oennp|ex organizations with multiple departments, diverse needs, and matrixed- and cross-functional teams ~ Accountable for development, delivery and measurement of solutions to build awareness, relationships and transactions through seamless integration of Brand Management, Internal and External Communications, Digital Strategy, Stakeholder and Community Engagement, Thought Leadership Strategy, Public Relations and Advertising, Experiential Marketing and *Project Management ~ Adept etfacilitating discussion, coalescing diverse interests, building consensus and activating engagement ^ Trusted advisor who proactively supports and counsels leadership, staff and matrixed- and cross-functional teams with sna|yiics-driven solutions, business acumen and other expertise tuachieve business objectives *PMP Certification Underway Expertise PERFORMANCE METRICS. INTERCULTURAL COMMUNICATIONS COLLATERAL PRODUCTION PROCESS IMPROVEMENT POSITIONING AND MESSAGING STRATEGY RESOURCE MANAGEMENT AGENCY MANAGEMENT Pxnywsxsx/pS AND STRATEGIC ALLIANCES CRISIS COMMUNICATIONS BUSINESS INTELLIGENCE STAFF MAwwscxxcmTAwoDEVELOPMENT CONTENT DEVELOPMENT CREATIVE PRODUCTION M^Tn|xsoAND CROSS-FUNCTION COLLABORATION VENDOR MANAGEMENT Skills and Abilities L|sTcn|mm VVnmmG NssoT|xT|om FAourxT/om PUBLIC SPEAKING PxsssmTAT|om COST CowrnoL RESEARCH AND ANALYSIS PROPOSAL DEVELOPMENT Pnno/EM'Snu/|ms CRITICAL PATH MANAGEMENT OpcnxT|omxLErr|c|cmcv Professional Experience MagnmfV | Washington,DCand Atlanta,GA| February 2u16—Present Managing Partner 1+ Developed successful response to a 21st Century Community Learning Centers'(21st CCLQ RFP for educational support for at-risk sohool-ogechildren hrMississippi. The award was the first-ever grant in the state to a for-profit organization in support of the federal initiative. 4:- Served mzSenior Program Directorfbr the 85mbirthday solute toThe Honorable Andrew 1Young. Attended byover 2C\O@0and topedƒbrbroadcast, the eventfemture6well-known entertainers and celebrities, was the highest trending experience across social media platforms, and served as a convening platform for global leadership in support of challenged communities around the world. Responsibilities , Source, synthesize and translate data and insights from clients' knowledge systems across business units to enab|eon'demand business intelligence toinform decision-makers,strategy, planning and implementation. ^ Team with clients toestablish performance metrics for B2B and B2Cso|utiono; articulate goals and scope and translate needs and strategies to support the work of staff,and matrixed and cross-functional teams; and facilitate shared accountability for achieving milestones and results. . Develop strategies and plans for clients' initiatives, programs and campaigns;Accountable for managing, monitoring and measuring implementation. ^ OperationaUze cost-efficient solutions toaccelerate clients'exponential reach by building and leveraging relevant online and offline partners hips and alliances. . Manage the development and production of content for social media,collateral,and creative for branding, in-market activations and advertising. , Develop and maintain client relationships and serve as the primary point of escalation with high level ofaccountability for issue resolution. . Create and manage Agency's and clients' budgets and operationalize cost controls for mutual benefit. 12517 Beach Boulevard,#1308,Jacksonville, FL32246 m YV9aL1enaj2Ma nyfi.com e 404.644'7794 Page 627Of1906 'VaNena Scott Brand Engagement and Strategic Initiatives Professional Results Experiential Marketing I Guided team to produce an in-market experience for a national association of over 2million members. Acknowledged as producing the highest 1101 in 10 years,the program expanded the client's qualified database bv3O,OOOnew entrants inthree days. Social Media Marketing I Developed strategy and produced a campaign to revitalize a client's abandoned social media platforms, Netted 250,000 impressions within one day of launch and I million overall campaign impressions for the organization focused on social justice and empowerment. Community Engagement I Facilitated collaboration of a chamber of commerce's leadership to develop an approach to grow the association's stakeholder and community engagement. Developed the framework for a diversity-centric model to include partnerships with colleges and universities, policymakers, affinity groups and community leaders. Invest Atlanta | Atlanta,GA | April 2015—January 2o1a Vice President,Marketing and Communications .,e For six years, the Agency was without a marketing department. Established and operationalized the marketing services infrastructure tmserve the Agency,and its two divisions and 1O departments. � Within 3Udays,helped tmsecure o$450\0D0appropriation from City[bunmV/orthe new Marketing and Communications Department's technology, branding, marketing and outreach initiatives. * SubsequenUKatthenpquestmƒtheAgency's/eooership, estoblishedon6ononoAcd/nvestAtlonto!s office ofCommunity Engagement. Responsibilities ~ Provided strategic,technical and operational marketing and communications,and community engagement direction for the City of Atlanta's economic development agency. . Launched digital technology initiatives and secured additional funding for these mission-critical projects. . Developed marketing and communications strategies and plans for all departments and led special projects for departments including Housing, Public-Private Partnerships,Small Business and Entrepreneurship,and the Agency's change initiatives. . Created strategy and plan for change management communications for the Agency's reorganization,and managed, monitored and measured implementation. . Negotiated and managed contracts with vendors for services including marketing technology buildout, CRM,digital advertising and creative development. ~ Directed content production for online distribution and creative development for branding and advertising programs. ~ Served as project manager for development of the Agency's new website and intranet platform buildout. ° Hired,trained and developed staff for both Marketing Services and Community Engagement departments. ~ Stewarded resource allocation,cost controls and budgets. ^ Proactively solved complex issues including reverse engineering technology solutions,conflicting business needs and community interests,and managed the Agency's crisis communications. Results Change Management Communications | Created and implemented Agency's reorganization communications strategy targeting stakeholders including Atlanta City Council and Invest Atlanta's board, staff, partners,and consultants and vendors.Additionally, managed communications to external audiences including developers, business location professionals and community leaders. Stakeholders aligned to support the reorganization enabled completion two months ahead of schedule. Operations I Developed Marketing Senxceo'StamdondOperating Procedures and Brand Guidelines. Established creative production and project management protocols increasing efficiency by 40%. Resource Management I Assessed, recalibrated and managed work of contracted agencies netting 3096in savings and increasing reach by7S96over the prior year. 12517 Beach Boulevard,#13O0,Jacksonville,FL 32246 e 404.644.7794 Page 628Of1906 Valena Scott Brand Engagement and Strategic Initiatives Professional Hero 3600 Marketing I Atlanta,GA and Washington,DC I February 2002-March 2015 Managing Partner Developed engagement strategy to deliver 45 community listening sessions in 60 days for the City of Atlanta's federally-mandated update to its Public Works plan. Contentious conversations of up to 140 attendees across Atlanta were rated an average of 4.5 of 5. The model developed was rated"exceeds expectations"by the certifying authority. Produced six culturally diverse online platforms for AARP, the nation's largest and most diverse 501 (c)4 membership-based association. The initiative was the enterprise's first focused on both inter-generational and multicultural audiences and exceeded planned reach by 50%. Developed a replicable and scalable faith-based community engagement model to mitigate contention for Walmart during unprecedented growth. The model was adopted as protocol for similar real estate development programs. Responsibilities • Responsible for account leadership for the agency's education,government, nonprofit and retail accounts. • Led new and organic business development initiatives and represented the Agency in joint ventures and strategic alliances. • Managed teams of digital and offline professionals to ensure requirements were met including data collection and analysis, planning, program design,and implementation and reporting. • Resolved diverse issues including scope creep,and operational,tactical and staff-related problems. • Stewarded clients' budgets and the Agency's financial and human capital resources. Results Community Engagement I Developed the outreach and communications plans for a federal designation impacting more than half of Atlanta's population. Implemented the strategies to inform companies about the availability of more than$53 million in Title XX funding for federal business tax incentives. Endorsed by Atlanta City Council and the Atlanta Regional Commission,the plan was recognized by the U.S. Department of Health and Human Services for"innovative and strategic approach to measurement and outcomes". Stakeholder Engagement I Developed and implemented an engagement strategy and training models for a federally funded student information data aggregation program for selected Washington, DC charter schools. Increased program participation by 75%within three months. Thought Leadership Strategy and Partnership Development I Secured the pro bono public relations support of Edelman Worldwide for the City of Atlanta.The technical assistance exceeded Edelman's customary nonprofit technical assistance by 900%;Served as the program manager for the initiative to produce the City of Atlanta's first Sustainability Report, positioning Atlanta as an early leader in city-wide environmental sustainability.The publication was awarded a Certificate of Excellence from the Public Relations Society of America. Education Magna Cum Laude Graduate, Clark Atlanta University,Atlanta, Georgia Bachelor of Arts I Mass Communications 12517 Beach Boulevard,#1308,Jacksonville,FL 32246 e Valena &nyf ,@Ma m_coa 404. .7794 , y Page 629 of 1906 Recent Economic Development and Market Studies Jorge ■ P6rez FIIIU Metropolitan Center Page 630 of 1906 Project: City of Fort Myers Communityconor is Development Strategy Client. City of Fort Myers Year: 2019- present ,I Overview The purpose of the City of Fort Myers Community Economic Development %kStrategY is to develop integrated short-term and long-range economicu ° development strategies for Fort Myers major commercial boulevards and surrounding neighborhoods. The CEDS consists of two deliverables: 1) a "Competitive Assessment" providing a data-driven assessment of Fort � " " �` "` Myers' economy and a platform for economic development strategiesi1e;°� „a including short-term and long-range planning strategies for the City's major � �, commercial corridors and surrounding neighborhoods, and 2) a 1 0� "Community Economic Development Strategy„ p y 'mm The COVID-19 pandemic is front and center to the City of Fort Myers planning initiative. The economic and community impacts are severe and will likely endure well into the future. Lee County has already lost 71,393 employed workers with an unemployment rate of 14.6 percent. Most of these workers, i.e. retail salespersons, building cleaning workers, waiters and waitresses, cashiers, who comprise the City's leading occupation groups, have been most vulnerable to job layoffs. Deliverables 1m Market Analysis/Competitive Assessment—Key Findings ➢ The City of Fort Myers added 5,706 new jobs to its economy from 2010 to 2018, growing from 26,557 to 32,263 total jobs. With a growth rate over 21.5 percent from 2010 to 2018, Fort Myers' employment grew 1.3 times faster than Lee County; ➢ Fort Myers 2019 total sales = $28.6 B, of which 60% are exported (Traded Sector) sales; ➢ Businesses in the City's Advanced Industries employ 9,639, or 5.4 percent of the City's workers. The five largest Advanced Industries in Fort Myers are: Management, Scientific, and Technical Consulting Services; Architectural, Engineering, and Related Services; Computer Systems Design and Related Services; Medical and Diagnostic Laboratories; and Wired and Wireless Telecommunications Carriers. The City's Advanced Industries generate nearly$1.6 Billion in local sales, annually; ➢ Ample Supply of Vacant Land Suitable for Redevelopment totaling 1,485 acres on buildable sites zoned for commercial, retail, and mixed-use development. 2. Community Economic Development Strategy(Forthcoming) The completed City of Fort Myers Community Economic Development Strategy will include specific short- and longer-term economic development investments to stimulate business activity along the City's major commercial corridors including the six (6) CRAB and Downtown area. Specific strategies will address the following issues and opportunities: o Business investment o Public infrastructure investment o Mixed-use development o Targeted industries o Growth in the Advanced Industry sector FI �' � Jorge e M. z Metropolitan enter Page 631 of 1906 Village of Wellingtonc 0 titiv lysis and Strategic PI m a Client.Village of Wellington Year: 201 Overview The FIU Jorge M. Perez Metropolitan Center, in partnership with The �� Village of Wellington, produced The Village of Wellington's Economic E11Lfi 6r(3N i Impact Analysis and 2018 Economic Development Strategic Plan. The Economic Impact Analysis provided a detailed assessment of Wellington's Housing 8 Economic Development Strategic Pian economic structure, labor force, economic geography, real estate market fcanomie Competi4ave Analysis performance, as well as the most comprehensive analysis of the Village's Equestrian economy ever completed. Deliverables 1. Economic Competitive Analysis- Key Findings o Wellington is one of Florida's highest-performing small economies, successfully building an industry and employment base that serves as a model for the rest of the state; o Wellington needs to continue to evolve and strengthen its economy, but has a limited inventory of vacant commercially zoned land; 0 Sustaining the Village's economic growth and diversification can't rely on traditional office and commercial development but will need to shift to other strategies, specifically redeveloping and re-purposing existing commercial sites; o Large number of residents employed outside of the Village that commute to work, exacerbating traffic congestion and representing lost local spending that could otherwise be captured during the day by local retailers and service providers. 2. Economic Development Strategic Plan Economic development strategies focused on managing and sustaining quality employment growth over the next 10 years. Strategies include: o Targeting industries with higher-skilled, higher-paying jobs providing greater spin-off and economic multipliers to sustain their growth and overall quality; o Creating low impact employment generating development; employment development that diminishes the number of commuters and amount of traffic congestion; o Focus on industries making the most use of workshifting trends including telecommuting, shared offices, and home business formation; o Incremental redevelopment and re-purposing of existing commercial properties; o Market assets by communicating to major property owners of Wellington's advantages and strengths. To view the full report, visit: i)ttslbit I E b ' Jorge M. P6rez FluillifietropolitanCenter Page 632 of 1906 Projects Heafthy West Kendall Community Economic ��._ __ -- -- Development trate, Client:West Kendall Baptist Hospital Year: 2019 y Overview i Led by West Kendall Baptist Hospital,the Healthy West Kendall coalition was selected as one of five communities in the U.S. to participate in ,, ' u S� a�`l �I Communities of Excellence 2026 a learning collaborative that uses the Baldrige Excellence Framework to improve the health status, educational attainment, and economic vitality of the community. The Healthy West �; � ' Kendall Community Economic Development Strategy (CEDS), published in June 2019, was designed to advance the coalition's work. The CEDS consists of two major elements: 1) a comprehensive "Community Economic Analysis" of the West Kendall community and trade area, and 2) "Community Economic Strategies"that identified opportunities for business and job growth,formalized educational and workforce development, and performance indicators and metrics. DeUverab@es 1, Market Ana lysis/Competitive Assessment Key Findings The West Kendall area comprises seven zip-codes in Miami-Dade County,with 356,108 residents, or 13 percent of Miami-Dade County's total population. Key findings included: ➢ West Kendall has a highly educated and competitive workforce; ➢ West Kendall's employed residents represent one of the State's most educated and professional labor forces; ➢ West Kendall has a net outflow of 85,850 workers per day, and only 4 percent of employed residents lived and worked in the area; ➢ West Kendall has a significantly higher composition of Advanced Industry Manufacturing than the rest of the County; 1 Community Economic Development Strategy Expanding long-term and sustainable employment opportunities in West Kendall was the critical goal of the CEDS Action Plan. The strategies focused on increasing quality economic development, planning for stable and sustainable long-term growth, supporting local innovation, growing global competitiveness, and expanding economic opportunity and upward mobility. Economic development strategies for improving and growing the local workforce included: work shifting through increased telecommuting opportunities or alternative office spaces, driving new business creation through business accelerators, linking residents to new employment opportunities and training in the West Kendall area, implementing a buy local program with local large businesses, leveraging hospital and medical cluster hiring to benefit local workers, and expanding business-to-business networking programs. To access the full report, visit: lith,, .o-",Fis ,comy'hoiri 'r,oiblisliedR i a€ fh�y ,wst kend' ll cede_: IIUJorgee Metropolitan enter Page 633 of 1906 Project: The City of Delrayc titine Assessment an Cluster Strategies Study Client: City of Delray Beach Year: 2019 � n Tha Citi of Delray Beach Overview Competitive Assessment and, The City of Delray Beach engaged the FIU Jorge M. Perez Metropolitan Cluster Strategies Study Center to complete a Competitive Assessment and Cluster Strategies Economic Development Study to recommend critical strategies for the City's short and long-term economic development planning processes. This study included a market analysis and competitive assessment of the economic structure, strengths, opportunities, labor force, and housing and real estate market markets in the City of Delray Beach. Deliverables 1. Economic Competitive Analysis Key Findings The Competitive Assessment found Delray Beach to be one of Florida's leading small cities for employment growth.The City experienced a 13 percent increase in business establishments and an 11 percent increase in employer-based jobs from 2014 to 2018. Other key findings included: 0 95 percent of Delray's businesses (with payroll) employ less than 20 employees; o Delray's private employers generated over$7.18 in total sales, with 45 percent of business establishments earning more than $1M per year, atypical for a small city; o Delray has managed to grow a large number of sophisticated, high-skilled, and well- paying industries alongside a rapid expansion in its hospitality, restaurant, and construction sectors; o Beyond the City's major traded industries, i.e. Hospitality and Tourism, the City has high-end business service industries including Marketing, Design and Publishing, Financial Services, and Education Knowledge Creation. . Cluster Strategies For Delray Beach to be a highly competitive economy, the FIU Jorge M. Perez Metropolitan Center recommended the City should focus on: planning for stable, sustainable long-term growth through diversified employment, industry, and occupational growth; using targeted and strategic allocation of resources to stimulate economic growth by pursuing investments in their local strengths, including: o Taking a disciplined approach to investments in physical assets; o Increasing investments in real estate and infrastructure; o Focusing on high-wage job creation; o Supporting local innovation and growing global competitiveness; o Expanding economic opportunity and upward mobility; o Addressing housing market imbalances; and o Making strategic quality of life investments. To view the whole report, visit: ij� bifid In 'Th Jorge M. Pdrez FIU � Metropolitan Center Page 634 of 1906 Project: City of Doral Economic Analysis and Strategic Pllan Client: City of Doral Year. 201 �v Overview - The City of Doral engaged the FIU Jorge M. Perez Metropolitan Center to complete a Strategic Economic Development Plan to guide the City's role in C °Of 00MI Economic AffaWdl Ropad M SITCdogic FWCY shaping Doral's economic future. Drawn from the Competitive Assessment,this RecommendaHons &sneer? document provided a series of strategic policy and program recommendations based on 1) ' a Competitive Assessment" of Doral's economy, 2) future Flu 1"cu economic, occupational, workplace, residential, and transportation trends, 3) Doral's stated goals and aspirations to be a model family-friendly City in which to live, work and play, and 4) best practices in local strategic economic development policy. Deliverables 1. Economic Competitive Analysis ley Findings o Doral has developed into a highly diversified economy, balancing manufacturing, advanced services, transshipment, corporate headquarters, and unique merchant retail sectors; o Balanced quality of life with a diversified economy, walkability, connectedness, and high-quality public spaces and facilities that continue to attract the region's most skilled and educated workers; o Growth has not come without a price indicated by the City's growing transportation congestion, household and transportation costs, and a shrinking supply of housing affordable for most of its workers; o Future job growth will come almost exclusively from the expansion and formation of small companies employing 50 or less, not from large-scale projects and relocations. 2. Economic Development Strategic Plan The Strategic Economic Policy Recommendations focused on building Doral's economic strengths and addressing its weaknesses; prioritizing economic development policies and resources into the City's highest value, including: o Target highest impact industry clusters; o Create an "innovation district" for new development; o Expand small business ownership opportunities o Investing in ultra-high-speed internet backbone for the City; o Support workshifting and new workplace location strategies; o Market the Doral brand more effectively. To view the full report, visit:http J&jj_jy/ i Jorge . 1136rez 3Metropolitan Center FIU: , Page 635 of 1906 Project: City of Deerfield:e each Economic and CompetitiveIR Advantage Analysis and Citywide Economic Development Strategy 'i , Client: Ci of Deeield each 1, � City of Deem td Beach Year: 2017 s{ 3 7 Overview In partnership with the City of Deerfield Beach, the FIU Jorge M. Perez Metropolitan Center completed the City of Deerfield Beach Economic and Competitive Advantage Analysis and Citywide �� " " " � °� elm econamro QlopmeAt str"► Economic Development Strategy. � t The purpose of the Plan was to establish goals, objectives and benchmarks that measure the City's progress; roles and responsibilities; and direct efforts and resources toward a clearly defined vision for its future. Dellverablles 1. Economic Competitive Analysis—Key Findings The economic development planning process began with an Economic and Competitive Advantage Analysis, which analyzed the City's strengths and challenges from a business opportunity standpoint.The initial research uncovered unexpected and surprising local strengths that represent significant opportunities for building future employment and diversifying the City's professional occupations and housing composition. Key findings included: ➢ Growth potential as a leading, high-concentration Florida location for the Advanced Industries Sector; ➢ Substantial shortcomings resulting primarily from the economic recession and general appearance and "underdevelopment" of major commercial corridors; ➢ Presence of Broward County targeted industries providing opportunities for the City to expand its industrial base targeting these industries for collaboration, innovation, retention, and expansion. Economic Development Strategic Plan The strategies and recommendations emanated from a recurring theme that emerged from the strategic planning process of Deerfield Beach aspiring to be a Vibrant Coastal City. The strategies included: ➢ Overarching Strategies o Pioneer Grove—A Livable and Connected Downtown o Target Industries and Niche Sectors o Efficient Commercial Corridors o Livable Neighborhoods ➢ Marketing Strategy ➢ Implementation Organization Strategy ➢ Performance Metrics Strategy To view the full report, visit Lt se bi 1 cZyKfa Jorgez F I'U 1Metropolitan Center Page 636 of 1906 Project: Dania each City Center Development: Economic Analysis and Community Charrette Client. City of Dania Beach CRA Year. 201.8 2018 Overview The Jorge M. Perez FlU Metropolitan Center provided an "Economic Analysis for the City of Dania Beach and facilitated a subsequent "Community Charrette" to gain 'input from City officials and community stakeholders on the planned "Dania Beach City Center Development." The Economic Analysis provided the underpinnings for the Community Charrette on the Dania Beach City Center Development. Flu, Deliverables 1, Economic Competitive Analysis—Key Findings The Metropolitan Center examined demographic and economic conditions, including an analysis of conditions and trends which will impact the planned development of the City Center including: > Population characteristics, dynamics and trend lines, including household, income, age, labor force, out-migration, in-migration, growth dynamics and the City's population context and position within Broward County and South Florida; > Employment, industry and business data analysis including Employment by industry sector (NAICS); business inventory; potential target industries and businesses; potential advanced "industry sectors; and local small business development; > Real estate market performance, trends, including City land availability and costs; local residential. Retail and office market characteristics and dynamics; > Local demand for goods and services, economic advantages and opportunities; > "Best Practice" research of comparable City Center Developments among "peer" cities > Existing and potential economic conditions and factors that would stimulate economic growth and investment 2. Community Charrette The objective of the Community Charrette was to elicit ideas and input from City officials and community stakeholders on the planned Dania Beach City Center Development. Charrette participants were presented external economic and market analysis on new trends and opportunities that clarified the City's vision for the City Center Development, The three main products of the Community Charrette were: a) A quantifiably prioritized set of overarching planning and policy goals for the planned City Center Development including strategic goals and objectives; lb) A quantifiably prioritized set of action items — specific projects and programs to be undertaken by the CRA, to advance the City Center Development; and c) A quantifiable set of operational priorities — specific CRA actions and procedures to be implemented to achieve the goals for the City Center development Jorge M. P6rez ,( Metropolitan Center FIUI Page 637 of 1906 Project: Broward County Commercial Linkage Fee Nexus Study Client: Broward County Board of County Commissioners Year: 2019 Overview The 2019 Broward County Commercial Linkage Fee Nexus Study was prepared by the FILI Jorge M. P6rez Metropolitan Center on behalf of the Broward County Board.of County Commissioners. It provided an update to the 2014 Broward County Housing Linkage Fee Nexus Study (Commercial/Non-Residential Uses). The Microeconomic Analysis determines the relationship or linkage between new workplace buildings and the estimated number of worker households by income category Imaw-'eEND MN! employed in these buildings. The step-by-step analysis is based on anticipated economic and employment growth in Broward County and the demand for housing by workers expected to benefit from job opportunities in these new commerical development projects. Deliverables 1„ Economic Market Analysis The market analysis linked new non-residential buildings of various types with new and existing workers residing within Broward County. The analysis quantified the potential demand at each affordability level for each type of workplace building.The analysis examined seven workplace building types: office, retail/wholesale, institutional, manufacturing/ industrial, warehousing, hospitality, and entertainment. The linkage fee, considered as a result of the nexus analysis, was designed to mitigate the development's impact on the local housing market. 2. Commercial Linkage Fee Nexus Study The study provided an estimate of new households by income category generated by the creation of seven (7) commercial building types. Broward County's workforce is primarily employed in Office and Administrative Support and Retail Sales occupations. These two major occupation groups represent just over a third of the workforce, with Office and Administrative Support occupations accounting for nearly one quarter of all workforce employment.An estimate of new households by income category generated by the creation of each of the seven (7)workplace prototypes found most new household demand would be in the lower household income categories. Total new household demand is highest in warehouse and hotel & accommodations buildings. Total nexus costs were determined based on a calculation of the total number of new worker households by income category estimated to be generated by each workplace building prototypes. Total nexus costs were calculated on a per square foot basis. With the completion of the Broward County Commercial Linkage Fee Nexus Study, the Broward County Board of Commissioners possesses the legal-rational to justify the necessity of a proposed commercial linkage fee.To view the full report, visit:hqp .�bftj�363c�LnZr- FJorge M. Perez 11U `111111i� Metropolitan Center Page 638 of 1906 Project: City o Fort Lauderdale Affordable Housing andEconomic Analysis Client: City of Fort Lauderdale Year: 2015 � Overview andEcaecomie.4 am�jsis The FIU Jorge M. Perez Metropolitan Center developed the City of Fort Lauderdale Affordable Housing and Economic Analysis to provide a current MY OFFORT LAU.L ALE market perspective on the critical demand and supply factors impacting the production and availability of affordable housing in the City of Fort Lauderdale and its major neighborhoods and Downtown area. The analysis included the City's four major Downtown Districts: 1)South Middle River Neighborhood Area Analysis District 2) Dorsey-Riverbend, Progresso/ Flagler Villages Neighborhood Area Analysis District 3) Downtown/Tarpon River Neighborhood Area Analysis District. Deliverables i,, mousing Market Analysis The Housing Market Analysis provided an assessment of current housing market conditions and trends. The methodology provided several layers of population and housing analysis based on population trend and housing supply and demand. The Housing Market Analysis included the following elements: o Population Characteristics: current assessment of the City of Fort Lauderdale's population trends including race and ethnicity, age and educational attainment values; o Housing Supply and Demand Analysis: market analysis of the housing affordability levels of the City's owner and renter housing based on current housing values in relation to household income; o New housing development activity and trends. 2. Economic Analysis The Economic Analysis provided an assessment of current economic conditions and trends. The methodology provided several layers of economic and market analysis based on industries, employment, and occupations. The Economic analysis included the following elements: o Economic Characteristics: assessment of the City of Fort Lauderdale's economy including household income, labor force, occupations, and commuter patterns; o Business activity; o Employment projections. To view the full report, visit: httas:Hbit,l #' IIs 06 If V FIUJorge a I Metropolitan Cer Page 639 of 1906 Project: c tlCorridor Existing Conditions n Development Opportunities ReportRfi #s�l ` c t31P : Client: City of Pompano Beach Year: 2013 Pom n"&K h I ransrw all .ti orfidm �dF, , s Overview The Report, prepared in partnership with the Jorge M. Perez FIU Metropolitan Center, Renaissance Planning Group and Kimley Horn and Associates, assessed the developmentnt �4� potential of the major commercial corridors in the City of Pompano Beach. The Mayor's Stimulus Task Force recommended objectives for each of the city's major corridors. The key objective was to create an effective economic development strategy with the goal of strengthening the current economic base and utilizing opportunities for businesses and job growth. By making use of the strategies implemented based on the economic base, transportation and infrastructure investments will help guide development. Deliverables . Economic Assessment The FIU Metropolitan Center focused on the economic conditions of the corridors and the redevelopment potential for areas of blight and underdevelopment to create business and job opportunities for the City's residents.The Economic Assessment identified existing and potential industry clusters that could improve the economic development of Pompano Beach. The study found the economic base of Broward County and the City of Pompano Beach is largely supported by the non-durable service-providing industries which comprise nearly 90 percent of the employment base. The majority of these jobs are directly related to South Florida's tourism industry. However, employment growth had occurred in a number of industries including education, health care, construction, manufacturing, retail and professional and business services. . Economic Development Strategies The Economic Assessment provided a comprehensive overview of key aspects of the commercial corridors - economic, transportation, land use, and infrastructure. The recommendations included multiple opportunities for land use and infrastructure improvements; the use of City- owned lands in order for them to be efficiently utilized. The Economic Assessment also focuses on existing conditions and future development opportunities. Importantly, the corridor plans considered how to maintain the character of the City while enhancing and revitalizing these areas. For example, the Federal Highway/US 1 Corridor which parallels the Intracoastal Waterway has a number of marine and boating-oriented uses. The presence of residential neighborhoods within close proximity to the corridor offers an opportunity to increase the number of walking and biking trips. Key industry clusters were also targeted including advanced materials and high-tech manufacturing, international trade and logistics, life sciences, and marine life. To view the full report, visit:tittp51Lbit.1y/36s2\kLQ FIUJorge M. P6rez J Metropolitan Center Page 640 of 1906 Related Plans, Reports, and Publications ' Jorge M. P6rez Metropolitan Center Page 641 of 1906 When Work Disappears: Planning the Post-COVID-19 Economy � The FIU Jorge M. Perez Metropolitan Center produced the Policy Brief, r When Work Disappears: Planning the Post-COVID-19 Economy as a call for local leaders to pause and reflect on how a re-emerging economy should be constituted post-COVID-19. Should the pre-COVID-19 economy be the primary model in which local economies rebuild, or When WoYk Disappearrshould communities seize this opportunity amidst the calamity of the Planning the Post-CaVIm �t; current economic shock to correct longstanding vulnerabilities and Economy inequities and commit to building more resilient and inclusive local economies? I The policy brief explains that on the surface, the low unemployment -, rates and high total employment numbers in the pre-COVID-19 economy were the types of glowing indicators most economists and elected leaders would relish. However, the rapidity in which the United States lost 35 million jobs following the economic shock induced by the COVID-19 pandemic was not only staggering but bewildering to many experts. Given the severity of the economic fallout, the future challenge is to establish a fresh outlook with new determinants of economic growth and opportunity in a post-COVID-19 environment where supply and demand factors and conditions have been significantly altered.This will necessitate the development of "reindustrialization" policies to address both the short- and long-term future of economic growth and work amidst the challenges of an unstable post-COVID-19 economy. Having been given a preview of the devastating impacts of a post-COVID-19 economy, local governments and institutions will need to focus on the future of work and what constitutes resilient economies. Thoughtful and resilient industrial policies can also create economic opportunity in the form of various jobs and occupations paying competitive wages and incomes that increase rapidly with improved skills and experience. Resilient- industrial policies can enhance economic mobility so workers and their families can improve their economic conditions, build wealth, and promote economic equityto ensure residents acrossthe income spectrum share the benefits of new industrial policies. Building human capital and emphasizing the importance of high-wage and high-skill industries such as the manufacturing industry will help start the local economy's reindustrialization and help build a stronger, more sustainable workforce. The COVID-19 pandemic has also hastened the urgency to invest in the structural transformation of national and local economies.The future of rapidly evolving technologies, including artificial intelligence and advanced robotics, is happening now and can help reshape local economies that have lagged in performance, productivity, and opportunities for its workers. Localities that actively invest in the necessary institutional support, technologies, worker skills, capital, and infrastructure to respond to these needs will be rewarded with more resilient and inclusive economies. To view the full policy brief, visit: hq . , it.iCr " F'I'UJorge M. P6rez ' Metropolitan Center Page 642 of 1906 Make it Miami: Report on Warni's ManufacturingSector The Make it Miami: f 9acturin Miami's on s Manu Report Sector was P � developed by the FIU Jorge M. Perez Metropolitan Center in collaboration with the Florida Small Business Development Center at FIU. This report brings attention to Miami's manufacturing sector, a major contributor to Miami-Dade's economy. Employment in Miami's manufacturing sector in 2018 had dwindled to about a quarter of the 1980s workforce in the sector. Only 4.1 percent of the private workers in the County were employed in manufacturing. Despite the decline of the sector, it is a major contributor to the County. The sector's output or value of production is $17.6 million, or almost 7 percent of Miami-Dade`s economy's total output. The I manufacturing sector generated $269 million in taxes on production and imports in 2017. The sector also contributes to the local economy's diversity and the creation of high-paying, high-skill jobs. In the context of Miami, diversity, upskilling, and the supply of high earning jobs are critical for bolstering the local economy and strengthening the region's competitiveness and economic resilience. The analytics presented in the report serves as a baseline for understanding the past and present of the manufacturing sector and inform decision-makers about the opportunities to support and expand this sector to achieve diversity and competitiveness of the local economy and Miami residents' prosperity. The report's recommendations are based on the observation that while manufacturing may not generate a large number of jobs, it can produce quality jobs with a level of earnings and security that develop and retain local talent. In recent years, the revival of manufacturing in Miami-Dade creates an opportunity for the local government to incentivize the sector and especially advanced industry manufacturers. Local education providers and workforce development agencies also need to address the lack of a skilled workforce in the sector. Most importantly, the report highlights the need for governmental, business, educational, and even nonprofit community-based organizations to work collaboratively in developing programs that build on and expand the sector's presence in South Florida. FIU Metropolitan Center and the SBDC at FIU recommended several general strategies.These strategies consider that most manufacturers are small businesses and encourage the growth of advanced manufacturing businesses in Miami-Dade County to diversify the local economy and create higher-wage jobs that come from advanced manufacturing. Recommended actions include: promoting existing resources for manufacturers and enabling the creation of additional resources, raising awareness about the presence of local clusters, addressing the talent/skills challenges for 50+employers, partnering with the South Florida Manufacturers Association, preserving the inventory of industrial land and maintaining the availability of suitable urban land, and developing and evaluating the performance of any initiatives aimed at supporting or expanding manufacturing opportunities. To view the full report, visit: hjE.L it.l, 7i� :f F U Jorge M. P6rez Metropolitan Center Page 643 of 1906 Project: it of MiamiAffordable Housing sten Plan Client: City of Miami Year: 201 _ Overview The City of Miami Affordable Housing Master Plan resulted from a partnership led by the Mayor's Office City °` i H n u Commissioners, Department Heads, and the FIU Jorge M. Perez Metropolitan Center. The Plan produced a bold and innovative 5-point Miami Affordable Housing Master Plan that promises to dramatically improve housing affordability in Miami after an extensive review from citizens and businesses. Deliverables: 1. Affordable Housing Market Study and Deed's Assessment The CityofMiamiAffordable Housing NeedsAssessment provides a current market perspective on the key demand and supply factors impacting the production and availability of affordable housing in the City of Miami. in the post-recession economic recovery period since 2012, significant changes have occurred in the City and Miami- Dade County's housing market that have impacted housing supply and demand and overall affordability. The contributing factors and conditions include a trend toward high-end, multi-family housing development, a lack of affordable housing production, low vacancy rates and stagnant wages and household incomes. 2. Affordable Housing Master Plan The Master Plan builds on well-established housing development practices and financing, leverages the City's highly talented and productive development industries, expands individual homeowners' participation in solving housing affordability, and is in concert with the City's land use,transportation, and climate change policies. Recognizing the need to preserve and positively impact neighborhoods,the goal of the City of Miami Affordable Housing Master Plan is to ensure the values that are central to the City and its neighborhoods are supported by a spectrum of housing choice and opportunity, and a substantial increase in the quantity and quality of affordable owner and rental housing to all who want to live in Miami. The Master Plan offers solutions at scale with the City's unprecedented affordable housing need, delivering large-scale production, speed, and flexibility. Specific strategies include aggressive land banking,tapping the strength of the City's real estate development industry, increasing local nonprofit development capacity, leveraging housing investment to rebuild communities, focusing on mixed-use, mixed-income development, and targeting the City's best affordable housing opportunities.To view the full report, visit:Littpc, bit.I 33oHi 6F Jorge M. P6rez Metropolitan Center FIUI , Page 644 of 1906 Project: Affordability Foreclosed: The Rental Housing Challenge Client: Comuuni y Foundation for Palm Beach and Martin Counties Year: 2013 f Overview , The 2013 report, Affordability Foreclosed: The Rental Housing Challenge, was prepared by the FIU Jorge M. Perez Metropolitan Center on behalf of s h the Community Foundation for Palm Beach and Martin Counties.The report provides an update to the 2007 Rental Housing Study of Palm Beach and baa Martin Counties prepared toward the end of South Florida's "housing bubble" and revealed the impact of the explosive three-year residential boom that resulted in rapid housing appreciation, a severe shortage of affordable housing and extreme affordability gaps for all housing types. i Deliverables '' 1, Housing Market and Needs Assessment for Palm Beach and Martin Counties This report provided an in-depth rental housing needs assessment based on existing and future housing supply and demand conditions.The study determined that the rental housing market of Palm Beach and Martin Counties had undergone significant changes since the economic recession. Economic conditions pushed up the number and share of renter households. The increase in renter demand and a decrease in rental housing production resulted in reduced rental vacancies and escalating rental rates. The rental housing needs assessment found significant changes in the larger housing market that impacted rental housing supply and demand and overall affordability.The contributing factors and conditions included lack of housing production, low vacancy rates, home foreclosure activity, and depressed household incomes. With little rental housing production, lowering vacancy rates, and escalating rents, small, multi-family rental properties became obvious targets for private real estate investors. 2. Recommended Strategies The Metropolitan Center focused on the need for increased affordable rental housing investment to help bridge the gap between what lower-income renters can afford to pay and the rents necessary to produce and maintain the affordable rental housing structure. Appropriate investment strategies included preserving small, multi-family properties and expanding affordability options to renters. The development of affordable multi-family housing would be need to reliant upon innovative financing solutions brought forward by the community development industry. Simultaneously, local governments would need to re-assess their housing policies and programs to create expanded opportunities for affordable rental housing production and preservation in their respective communities. Local governments and nonprofit community development partners need to become more pro-active in the real estate market to preserve the remaining supply of small, multi-family rental properties. To view the full report, visit: �' F Jorge M. Perez I Metropolitan enter Page 645 of 1906 JON STOVER & ASSOCIATES Economic JS81A Development Project Profile - Reunion Square Market Analysis, Consulting Impact Assessment, and Tax Revenue Analysis As IV $1 1 y Sf.�•. �� i r��" •"i 1J t$t - �i ,i C I ♦ra � 4� � �, , i w k` £ 1 a f i 11 i Four Points,LLC Waswmgton; DC Reunion Square is situated on about nine acres in the Anacostia neighborhood in southeast Washington,DC.Jon Stover&Associates(JS&A)was retained by developer 2017 Four Paints,LLC to assesses the building program and anticipated development impact of three particular sites slated for a potential tax increment financing(TIF)area.These Prime Consultant sites will contain approximately 489,9100 net square feet of residential,retail,office,and hotel uses.The study also included a detailed tax revenue assessment in conjunction $14,750 with an application to the City for economic assistance in the form of tax increment Market Analysis for mice,Retail, financing.The project has since been approved for city funding by the Mayor's Office. Residential,ano Hotei Land Uses. Community'Benefits Assessment Economic Impact Analysis MarketAnalysis.JS&A conducted a comprehensive market analysis to assess expected Fiscai Impact Analysis achievable on-site rent rates, sales prices, and sales and lease-up paces for all TIF Funding Artasysis and ROI applicable onsite land uses. , , ,f,G i,,,,>,,,,,,,�(0f fes, Community Benefits Assessment. JS&A evaluated the community benefits the Keith Turner,Vice President proposed development program is expected to achieve,and detailed howthese benefits i Four Points,LLC align with local neighborhood and city-wide goals and planning initiatives.. 1805 7th Street NW, Suite 800 Fiscal and Economic ImpactAnalysis.JS&A evaluated the greater fiscal and economic Washington, DC 20001 impact of the proposed development program including the direct,indirect,and induced (202)888-0030 impact of the development on local jobs, salaries,and tax revenues. kturner@tourpointslic.com Tax Revenue Assessment and TIF Funding Return on Investment. JS&A assessed anticipated local tax revenues generated by the proposed development program annually and detailed the financial value proposition to the District of Columbia to provide economic assistance to the project in the form of Tax Increment Financing. Jon Stover&Associates,LLC I info@stoverandassociates.com 1202.695.4956 1 wwwjonstoverandassociates.com Page 646 o JON STOVER & ASSOCIATES Economic Development Project Profile - Lake Worth Master Plan Consulting and Economic Development Strategy i i 1 dN 71 7ti �' tl! yfi 4 6i fvg k�" W Cultural Council of palm Beach County Jon Stover&Associates was selected as part of a team with Lord Cultural Resources Town of Lake Worth,FL to undertake the Downtown Lake Worth Arts and Culture Master Plan. Led by the Cultural Council of Palm Beach County with close participation of the Lake Worth £� 2016(still underway) Community Redevelopment Authority (CRA), the Master Plan aims to leverage a growing local arts scene as a central part of the greater `downtown' economic Real estate consultant on team development strategy. with Lord Cultural Resources Residential Market Analysis Office Market Analysis Market Analysis.JS&A conducted a market analysis that projected town population Retail Market Analysis growth and demographic shifts and projected future supply, demand, and Cultural Land Use Analysis development opportunity for residential,commercial,and civic land uses.The market Community Engagement analysis provided a framework to inform policy, design, and development Strategy to Attract Cultural Users recommendations for the commercial `downtown'portion of Lake Worth Redevelopment Site Identification Economic Development Strategy Business Attraction Strategy.Working with the CRAs business recruitment specialists Implementation Plan and in concert with existing business programs and incentives, JS&A developed strategic partnerships, established long-term goals, and identified specific implementation steps to help attract new businesses--especially public and private cultural enterprises. Infill Strategy and Development Plan. JS&A developed an infill strategy for the identified mixed-use corridors.The strategy identified key site locations and types of businesses,and recommended changes related to zoning,technical assistance,and corridor management in order to acheive town objectives. i Jon Stover&Associates,LLC 1 info@stoverandassociates.com 1 202.695.4956 1 www.jonstoverandassociates.com Page 647 JON STOVER & ASSOCIATES Economic JS&A Development Project Profile - Main Street Program and BID Consulting Feasibility Analysis and Formation Support ANTICIPATED BUDGET&5 YEAR SPENDING PLAN k'I BID GOALS t 7 �,- I•rtssfm RnnahGmd B(FJSGi`ee5 '� >Ir' ,_ • I t=, ` I b� axicxmx tea to.. e.,. '�"' 3 SnA0.�\\V4N&4dii\3\Y iii\Q\1R)1�d n11 a ft?11S "am I I«+' � h 4-. 11k 9UfiSSKttcF',lQu-.�11t (Cfi fid'-F((iN}Yl)R4 ldii� y s DC Department of Small and Local Business Development(DSLBD) JS&A has worked extensively on helping a range of public and private clients assess the opportunity to enhance the capacity of existing neighborhood-serving nonprofits % Washington,DC or form new nonprofits to guide local economic development efforts. one such client is the DC Departmentof Small and Local Business Development,forwhom JS&Ahas Multiple engagements spanning conducted a wide range of applicable projects. 2015 through 2020. Primr�f/Exclusive Consultant Corridor Main Street Feasibility Analysis. JS&A has completed an analysis of Q�+ ». Main Street Feasibility Assessment stakeholder receptiveness and formation feasibility for two new DC Main Street Main Street Formation Assistance programs. Based in part on JS&Ns recommendations,the following programs were BID Feasibility and Structuring formed, accredited, and approved for dedicated funded by the District of Columbia: Corridor Enhancement Strategies Lower Georgia Avenue Main Street and Upper 14th St and Kennedy St Main Street. Business Owner Engagement BID Feasibility Analysis and Implementation Support. JS&A was retained by local Community-Wide Engagement stakeholder organizations to conduct a detailed feasibility analysis for forming a new Public-private Partnership Strategy business improvement district(BID)in the following six DC neighborhoods: Shaw, H Retail Conditions Assessment Street NE, North Capitol, Tenleytown, Minnesota Ave 1 Benning Road, Brookland 1 Forecasting Analysis Rhode Island Avenue.The project was funded in part by city grants and overseen in Real Estate Market Analysis part by DSLBD. New Main Street Community Engagement and Education. JS&A has conducted Cnstina Amoruso extensive community outreach as part of Main Street formation efforts, including as DC Main Streets Coordinator members of 2019"resource teams"in partnership with the National Main Street Center DC Department of Small and Local for The Parks Main Street and Woodley Park Main Street. Business Development Corridor MarketAnalysis,Retail Enhancement Strategy,Strategic Planning,and More. Phone.{202}701-7673 JS&A has conducted a wide range of supplemental services on behalf of DSLBD to cristina.amoruso@,dc.gov - support established,newly formed,and prospective future Main Street programs. Jon Stover&Associates,LLC I info@stoverandassociates.com 1 202.695.4956 1 www.jonstoverandassociates.com Page 648 o 'S&A JON STOVER & ASSOCIATES Economic Development Small Area Plan: DC Re-Urbanization Strategy Consulting � Sg ■ A ■�,,, ��' %� ' 4 17 ■ .. ■�' moi.' a t� E$* <� i 17 .• ,. DC Office of Planning �,;"t,y Washington,DC As part of the DC Office Of Planning's Downtown East Re-Urbanization planning effort,JS served on a projectteam with Beyer Blinder Bell and BayArea Economics 2095 to assess the opportunity to revitalize a downtown DC neighborhood characterized by government and nonprofit land uses.JS&A conducted a market analysis and real ,t t Real estate consultant on team estate development opportunity assessment for all types of land uses within the study with Beyer Blinder Bell and Bay area. Area Economics Residential Market Analysis Office Market Analysis Market Analysis. JS&A conducted a detailed market analysis that projected Detail Market Analysis neighborhood population growth and demographic shifts and projected future supply, Hotel MarKet Analysis demand, and development opportunity for residential, retail, office, hotel, and civic Public Property Use Analysis land uses. The analysis addressed the overall housing affordability, the supply of Community Engagement subsidized housing units relative to local low-income families, and opportunities to Development Opportunity enhance housing affordability for individuals at all income levels.The market analysis Reaevelopment Strategy provided a framework to inform policy, design, and development recommendations Office conversation Opportunity for the Downtown East neighborhood. Community Engagement. JS&A worked directly with the local community at community presentations and small-group charrettes to solicit feedback and present preliminary findings and recommendations. i Jon Stover&Associates,LLC info@stoverandassociates.com 1 202.695.4956 I www.jonstoverandassociates.com Page 649 i PROPOSER'S QUALIFICATION STATEMENT TATEMENT O BE ¢ OME ,D AND wP — Aa D 0N S n The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 Check One Submitted By: Corporation Name: The Florida International University Board of Trustees Partnership Address: 11200 SW 8 Street, MARC 430 Individual CITY, State, Zip: Miami,FL 33199-0001 Other X Telephone No.: 305-348-2494 Fax No.: 305-348-4117 Email Address.: gutierrr@fiu.edu 1. State the true, exact, correct and complete name of the partnership, corporation,trade or fictitious name under which you do business and the address of the place of business. i The correct name of the Proposer is: The Florida International University Board of Trustees The address of the principal place of business is: 11200 SW 8 Street Miami, FL 33199-0001 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation:_ C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 28 age 6 g. Name and address of Resident Agent: 3. If Proposer is an individual or a partnership, answer the following: I a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: Public/State Controlled Institution of Higher Education 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. i 6. How many years has your organization been in business under its present business name? 56 Under what other former names has your organization operated? NIA 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. DUNS:0712988140000 EIN: 65-0177616 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES F NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: No RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 29 Page 651 of 1906 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) Each of the key personnel bios and related experiences are provided as separate fides,They are included In the proposal submission package. 11. State the name of the individual who will have personal supervision of the work: Dr. Edward Murray 12. State the name and address of attorney, if any, for the business of the Proposer: Diana Oliva 11200 SW 8th Street,Miami FL. 33199-0001 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: N/A 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: N/A 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: N/A RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 30 Page 652 o _ 6 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number ............. a Government Related Work . .............11111- b. Non-Governmental Related Work Total Work(a tbj: ........... .............. ..... Revenue Index Number 1. ,Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 060gym,00 to less than $1 million 5. $11 million to less than $2 million 6. $2 million to less than $5 million 7. 5 million to less than $10 million 8. 10 million to less than $25 million 9 $25 million to less than $50 million 1-$50 million or greater mm 17. Bank References: Bank Address Telephone JPMorgan Chase 111 Polaris Parkway Columbus,Ohio 4�3240 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). All projects are reviewed in a weekly basis to mantainbudget integrity and udate roress towards critical tasks. Our office manager, Olufolarin Orindare maintains frequent contact with the Office of Research and Economic Development (ORED) about budget updates and roect deliver, 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): All work products are reviewed by the Associate Director, Director of Research. and multiple staff members to ensure accuracy of results and substantive implications of findings. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 31 Page 653 of 1906 20. Is the financial statement submitted with your proposal (if applicable)for the identical organization named on page one? YES M NO F7 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 22. What will be your turnaround time for written responses to City inquires? 1 to 2 business days 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. NIA 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers,the name of the project which the dispute arose, and a description of the subject matter of the dispute. NIA 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s)were defendants. NIA RFP No. 021-2414-21 ECONOMIC DEVELOPMENT PLAN 32 Pn 66 55 44 19 '6 26 Has the Proposer, its principals, officers or predecessors' organization(s) been convicted of a Public Entity Crime.. debarred or susDended from bidding by any government during the last five (5)years? If so, provide details. NIA — —------------ .......................... ............ ........... ....... -— -— --------- ........... The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such Wormation is warranted by Proposer to be true.The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and term'nate the award andlor contract. e0' (Signed) .. ....................... ......... Itt-gnier Jurado, Dire,:[or RNIS1010-A.7 ............. Subscribed and sworn to before me This day of 2021 ry',Z My Commission Expires: 07/1 20 LF Commisak'n g HN j 19762 ExorrsApN21,2025 RIP No 021 7419?1 1 CONDMIC D1 Vr LUPPAT N I PLAN Page 655 of 1906 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDASS } COUNTY OF PALM BEACH } I, the undersigned hereby duly sworn, depose and say that no portion of the sura herein submitted will be paid to any employees of the City of Baynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an offycp)eof the cq, Irafi , 00 Y V t ",tv1i= SIGMA Him'- worn and subscribed before me this day of 2021 Printed Inforrna ionr AMP Director RINISIt.)RED 1 I II I ki i"`Y PubLIC, State of Florida The Florkki In[r ililliOM11 BLIM-d 01"1`1°tlSICuS al Large _... ... COMPANY LEAMMMEDINA AW., HN 119762 Axi121,2025 , 1Hu Troy fain WWWW7014' "OFFICIAL NOTARY SEAL- STAMP RFFND 073 MIX)JI FCd.N f6 WV[LopmrwPLAN ?.1 Page 656 of 1906 `a NON-COLLUSION AFFIDAVIT OF PROPOSER State of Florida „) Courtly or Mill}li-.13ld 1411 Biel )clracl[1 being first duty sworn. deposes arid says that, 1) He is Dired rr RMS/0R1:F7 of Florida Internalion.11 Unlversil%, ,the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached FP: 2) fie is fully informed respecting ttae preparation and contents Of the `attached submittal and of Lill pertinent circumstances respecting such submittal; :i� Saki RF 11 Is genuirle and is r of s:a voIjilsive ter s01am W-f'° ) Further, the said propos v nor any of its officers, partricis, uwn4rs, agents, r pfosentativcs, employees or parties in interest. including this affiant, has in any way colluded, conspired, connived or agreed directly or indirectly with any other proposer. integrator or person to submit a collusive r sham RI-P in connection with the: Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Cotatract, or has in any rnanner, drrectly or Indirectly sought by agreemerst or collusion of ccammUniCatiOns Or crrnfer€ince With ;any other proposer. integrator or person to fix the price or prices In the attavlied Rr-P or of any other proposer ar to fix any overhead, profit or cost element of th(: RFP price at the Rl',P price of any other proposer, or to secure through any collusion, conspiracy, connivance or untawful agreement any advantage against the Citi �Boynton Beach,or any person interested in the proposed Contract; and ) The price or prices quoted in the attached bid are fir and proper and are not tainted by any collusion. conspiracy, connivance or untsawf[il agreernerit on the part of lhp ,ropos R any of its rade=nis, represontativus, nv�.nets omployec s car I:ni it:!s in wtorest Ing" dlfg tis 416t (Signed) -0 t (Title)_ 1rL� r ltlllS1t31t1s1) Subscribed and sworn to before rale LEWD.MEDINA t, CnmWon#HH 119162 This day of 2f 21,2025 '••O!„l°°d Yhu7royFaln 7�p r a ublic(Signature) My Commission Fxpires� _ •W RFPNo 0714419)I #('0NGMtrDfVf1UFM1NTPtAtj Page 657 of 1906 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 TO BE COMPLE"VrED AND UPLOADED ONUNE 1, Regnier Jurado on behalf of Florida Interntional University certify Print Name and Title Company Name Florida International University that —does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 36 Page 658 of 1900 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to S. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled 'Consultant Name"does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the. submission of a false certification may subject the company to civil penalties,attorney's fees,and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with tivities in the Iran Petroleum Energy Sector List. i Horida international Univcrsity COMPANY NAME NATURE dov Regnier)urado Director RMS/ORED PRINT NAME TITLE I I i RFP No. 021.2419-21 ECONOMIC DM- LOPMENT PLAN 37 Page 659 of 1906 E-VERIFY FORM TO BE COMPLETED AND UPLOONLINE Project Name: Economic Development Plan Project No.: 021-2419-21 1. Definitions: "Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor"means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1,2021, Contractors,shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security`s E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons(including subvendorslsubconsultantslsubcontractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN 38 age of 19 _ 6 Company Name,, Thr h��rricla lntrl°i�sttc� �� . r ��5rsrtl cif'l�rustcc, Authorized SUnature Print Name Itrsvicr Jrac.h7 n_..__ Title I]`rLctt}r, lie sras�°tl� ;14ai3ak =ist�crrtl ServieCs Date 512612 l Phone �itlmti 3•Iw 2 19.1 SI ATE OF 9 COUNTY OF Ththis day e foregoing instrument was acknowledged before me by means of g_ physicaf presence or J online notarization, of 2021, by on behalf of �.� Ishe is personally known to me or has produced as identalicalion _ . tt TA$ Y PUBLIC .w_- u yped. Printed or Stamped) rftEANAD.MEDINA yP = rr#HN 119762,._._. $121,2025 itle or Rank "'fo.n�" ThuTroyF,inwrm eeE 1616 Serial number, if any RFP No 07144197l f CONOMIC DrVf LOPMF NT PLAN Page 661 of 1906 , r r' It „t I t _ 5, 1 t� E I i i 4 Background According to the Request for Proposals(RFP No.021-2419-21),the purpose of the City of Boynton Beach Economic Development Plan "is to create a plan of action based on current and projected economic, industry, and real estate trends; align policy and investments to maximize City assets; and evaluate our assets and chart a course towards a sustainable and equitable economy that will grow jobs and careers, advance opportunities for prosperity, and create vibrant neighborhoods and communities." The focus areas the of plan include 1)the COVID- 19 pandemic, 2) placemaking as an economic development tool, and 3)creating an entrepreneurial ecosystem.The plan will identify strengths,weaknesses,opportunities, and gaps for each of the focus areas and examine their current and potential impact on the overall economy of Boynton Beach. The City of Boynton Beach has identified three aspirational goals for who we want to be as a City: 1. Vibrant and Resilient Living:provide,sustain,and enhance a smart and resourceful high quality of life while keeping citizens safe and intelligently responding to adverse conditions; 2. Connected and Engaged Community: encourage and share thriving community relationships among and between residents, businesses,and visitors;and 3. Robust Local Economy: attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. In order to attain their aspirational goals, the City has identified seven (7) "Strategic Priorities" that will guide the City's Economic Development Strategic Plan: 1) Culturally Distinct Downtown: create a city center as a cultural district for business and entertainment to serve as the foundation that connect businesses, residents,and visitors. 2) Building Wealth in the Community: attract and retain a mix of new and existing businesses and jobs while fostering economic growth and development. 3) Transportation and Mobility: improve mobility for modes of transportation for all residents, commerce,workforce, and visitors. 4) High Performing Organization: maintain effective and efficient service delivery and continued excellence through organizational governance and internal support and external services. 5) Public Health and Safety: keep citizens safe while maintaining high quality of life. 6) Environmental Sustainability: beautify and maintain green space and natural areas; enhance industrial 7) Racial and Social Equity: cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. The economic development planning team consisting of the Jorge M.Pdrez Metropolitan Center at Florida International University (JPMC), Jon Stover & Associates, and Magnify will work with City leaders to complete a City of Boynton Beach Competitive Assessment and Economic Development Strategic Plan. that fully addresses the aforementioned stated purpose, goals, and strategic priorities. The plan will consist of two major elements: 1) a data-driven "Competitive Assessment' identifying the key trends, issues,and strengths defining the City's economy,including a market analysis addressing competitiveness, growth, and opportunity in the post-COVID economy, and 2) a strategic plan detailing key policies and investments to position the City for future economic growth and diversification. Implementing effective economic development strategies will need to rely on a process of recognizing important industrial, 2 Page 663 of 1906 market and population trends, identifying growth opportunities, building on local strengths and addressing the economic challenges brought about by the COVID-19 pandemic. Project Approach and Methodology The planning team will work with City leaders to complete the City of Boynton Beach Economic Development Strategic Plan consisting of 1)data-driven assessment identifying the key trends,issues,and strengths defining the City's economy, 2) a market analysis addressing competitiveness, growth, and opportunity in the post-COVID economy,and 3)a detailed retail market study and recruitment plan, and 4) a strategic plan detailing key policies and investments to position the City for future economic growth and diversification. Implementing effective economic development strategies will need to rely on a process of recognizing important industrial, market, and population trends, identifying growth opportunities, building on local strengths and addressing the economic challenges brought about by the COVID-19 pandemic. Therefore, the search for new economic opportunities requires knowing where to look, and sometimes taking a different look at the local economic landscape to uncover opportunities that at first blush may not be obvious.The planning team will utilize detailed analysis and development planning models rooted in understanding where local economies have been, where they are, and most importantly, where they are going.Because our analytical approach looks beyond pure economic indicators,we are able to identify economic development challenges, impediments and opportunities that escape traditional economic development analysis.Our strategic planning methodology includes the following elements: Comprehensive Forensic Economic Analytics: analysis completed down to the business establishment level, building a picture of industry, employment, market structures and economic growth potentials from the bottom up; Dynamic Trend Analysis: rather than a static snapshot of current economic conditions, our analytical approach incorporates historic and projected economic trends, linking changes in the national and regional economy to local demographic, employment, real estate, business creation,investing and geographic dynamics.This level of analysis is critical in the Post-COVID economy where established trends have been curtailed, other trends accelerated, and new industrial trends emerging; Connecting Key Systems & Markets: analysis that connects economic performance with transportation, land use,development, housing,and financial markets,and how they need to interact to develop more effective comprehensive economic development policy; A Focus on Opportunities & Strengths: our analytical approach highlights identify economic development challenges, impediments and opportunities that escape traditional economic development analysis. However, our focus is on identifying capitalizing on emerging economic opportunities; Comparative Benchmarking Analysis: understanding economic history and performance is greatly complemented by comparative benchmark analysis against peer cities. The City of Boynton Beach's economic competitiveness must be compared to its neighboring competitors in Palm Beach County; 3 Page 664 of 1906 A Focus on Job Quality: cities and counties across the United States are facing a difficult structural challenge in the Past-COVID economy with significant business and job loss. However, wages were stagnant prior to the pandemic despite high employment. Effective economic development policies and strategies must focus on propelling and growing high- wage, high skilled jobs as part of its overall employment, occupational and industrial mix in order to expand economic opportunities, stabilize the local economy against recessionary swings, and maximize economic multiplier effects; A Focused Action Plan:many economic development plans produce complex and unmanageable action plans and implementation strategies. Our plans consistently develop policies, implementation strategies, incentives, recommendations, and performance targets that are market responsive, highly prioritized, specific, realistic,and attainable;and Leveraging Long-Term Strategy with Near-Term Opportunities: successful economic development policies and strategies identify and prioritize economic opportunities, projects, programs, and investments that can be immediately implemented. This proven approach builds traction by attaining early development successes. Scope of Services The RFP for the City of Boynton Beach "Economic Development Plan"specifies the Scope of Services will include, but not limited to,the following tasks: 1. Current Market Analysis 2. Local and Regional Industry Assessment 3. Real Estate Market Analysis 4. Retail Market Analysis and Recruitment Pian 5. Targeted District Analyses 6. Economic Development Strategic Plan `ass 1: Current Market Analysis - l lend y Current and Potential Economic Engines and Generators for Stimulating Economic Growth. The search for new and expanded economic opportunities requires knowing where to look and taking different looks to uncover opportunities that at first blush may not be obvious.This is a growing challenge in the post-COVID economy where supply and demand patterns have been significantly altered. The economic development planning team will prepare a detailed"Competitive Assessment"that will provide a full understanding of the existing economy of Boynton Beach and where potentially it can grow. The Competitive Assessment will consist of the following elements: ➢ A dynamic trend analysis: rather than a static snapshot of current economic conditions, the study's analytical approach incorporates historic and projected economic trends, linking changes in the national and regional economy to local demographic, industries, occupations, real estate, business creation, investing, and geographic dynamics; ➢ Connecting key systems & markets: analysis that connects economic performance with land use transportation, housing, and redevelopment and how they interact to develop more effective community economic development strategies; 4 Page 665 of 1906 ➢ Afocus on opportunity&strengths:the analytical approach identifies community and economic development challenges, impediments and opportunities that escape traditional economic development analysis. The focus must be on identifying and capitalizing on emerging economic opportunities; ➢ Com _arative benchmarking analysi ; understanding economic history and performance is greatly complemented by comparative benchmark analysis against peer cities in Florida; ➢ A focus on mob quality: cities across the U.S. are facing a difficult structural challenge in an era where total employment has grown pre-COVID, but wages have remained stagnant or are declining. Effective community economic strategies must focus on propelling and growing high-wage, high skilled jobs as part of its overall employment, occupational and industrial mix in order to increase opportunity, reduce income inequality, stabilize the local economy against economic shocks and recessionary swings, and maximize economic multiplier effects; ➢ A focus on implementation: economic development implementation strategies, incentives, recommendations and performance targets must be specific, market responsive, highly prioritized, and attainable; and ➢ Leverain long-term strategies with near-term opportunities: successful economic development strategies must identify and prioritize small-scale projects, programs or investments that can be immediately implemented, This proven approach builds traction by attaining early development successes. a. Assess the City's current assets and strengths to capitalize on their economic growth potential. Implementing an effective community economic development plan relies on a process of recognizing important industrial, market and social trends, identifying opportunities, building on local strengths and addressing local challenges. Economic development policy plays out in an increasingly complex environment characterized by issues such as the growing competition among regions, accelerating industrial, technological, and market changes, wages, income inequality,and a paucity of affordable housing.The COVID-19 pandemic has both accelerated and altered these economic conditions. The Competitive Assessment will provide a clearer undedrtndi9ng of these trends and how the City's assets and strengths can best be enhanced in the past-COVID economy. b. identify potential placemaking locations and real estate assets that have the best opportunity to become economic engines and catalysts for the City. Part of the City's economic development vision for the plan is to create destinations that will both attract visitors and create a high quality of life for residents and businesses.Today's placemaking efforts celebrate and stabilize distinctiveness with modest-scale investments, a dramatic change in American economic development. Cities and neighborhoods used to compete for major infrastructure commitments,aspiring to move up an urban hierarchy of look-alikes.Sponsors look beyond physical alterations,paying more attention to the animation of places with economic and 5 Page 666 of 1906 cultural activity. The City's success is creating viable retail and tourist attractions will be dependent on carefully crafted placemaking strategies. Placemaking strategies are a vitally important element of an economic development plan as they can provide for greater livability, diversity, and jobs while helping a city celebrate its distinctiveness. Creative placemaking can help animate public and private spaces, rejuvenate structures and streetscapes, improve local business viability and brings diverse people together to celebrate and inspire. The JPMC will identify potential placemaking locations and real estate assets that have the best opportunity to become economic engines and catalysts for the City based on best practice case studies nationally and in the State of Florida. c. Examine how to leverage Bethesda Hospital East as an economic engine for the City.ldent*ways to attract commercial businesses, promote medical tourism, and market the hospital as a destination for the City. Hospitals are"economic anchors"in their communities.Bethesda Hospital East is one of the City's and county's most important business and community assets.Centrally located in Boynton Beach, the 401 bed hospital employs 1,117 employees proved comprehends health care services to the City and surrounding area. The JPMC has successfully worked with West Kendall Baptist Hospital on the Healthy West Kendall Initiative. The initiative was selected as one of five communities in the U.S. to participate in Communities of Excellence 2026 — a learning collaborative that uses the Baldrige Excellence Framework to improve the health status, educational attainment and economic vitality of the community. The importance of hospitals to their communities extends far beyond health care.The health care sector has traditionally been an economic mainstay, providing stability and job growth in communities.The goods and services hospitals purchase from other businesses create additional economic value for the community.With these"ripple effects" included,studies have found each hospital job supports about two additional jobs, and every dollar spent by a hospital supports roughly$2.30 of additional business activity. d. Evaluate potential economic shifts and current commercial market activity(supply/demand). Economic shifts and changes in retail and commercial market supply/demand activity has been occurring over the past decade as consumer preferences continue to dramatically changes in the digital economy. Commercial and retail workspaces have changed in response to consumer demand and worker commute patterns. These changes have been further accelerated by the COVID-19 pandemic. As previously noted, the competitive assessment will take a dep dive into historic and projected economic trends, linking changes in the national and regional economy to local demographic, industries, occupations, real estate, business creation, investing, and geographic dynamics. 6 Page 667 of 1906 e. Research population demographic data and evaluate consumer demand. The economic development planning team will conduct a comprehensive demographic analysis that will be used to evaluate consumer demand. The analysis will answer the questions—What does Boynton Beach look like today and how does it differ from surrounding areas? * Population characteristics, dynamics, and trend lines Household income Educational attainment Labor force characteristics * Out-migration, in-migration and growth projections Boynton Beach population growth and position within Palm Beach County Economic impacts and lifestyle changes due to the COVID-19 pandemic f. Evaluate the impact of the COVID-19 Pandemic on the workforce, specific industries and the overall local economy. The Competitive Assessment will identify the economic impacts of the COVID-19 pandemic on the City of Boynton Beach.The impacts were severe in the initial months of the pandemic when the City and Palm Beach County experienced substantial job losses and business closings. Fortunately, the economic recovery in Boynton Beach and Palm Beach County has been strong in recent months. The county has recovered 118,947 of the 137,680 jobs lost in the first months of the pandemic while the City has recovered 7,352 of its jobs. After a full year of assessing the economic impacts of the COVID-19 pandemic, the JPMC is uniquely qualified to offer a full evaluation of the post-COVID economy in Boynton Beach, including informed analysis and observations regarding the workforce, industries, and emerging economic growth opportunities. Trek n Assess Local and Regional industryfor Competitive Advantages& Disadvantages within the Local Eronomy As part of the "Competitive Assessment" the economic development planning team will determine the competitive advantages and disadvantages of the City's economy in relationship to the larger regional economy of Palm Beach County and comparable cities in the Florida.The local and regional assessment will focus on the following three industry groupings: 1) Traded Industries - A diversified industry structure: identify the top sectors by employment in the City of Boynton Beach and Palm Beach County include leading traded sectors. Traded industry sectors are those that produce goods or services that can be traded across regions and make the largest contribution to both the local and regional economy; 2) Target and Cluster Industries — Palm Beach County has identified 13 target industries ranging from healthcare and cleantech to manufacturing and marine. The county's 7 Page 668 of 1906 cluster-based economic development initiatives are built around the idea of nurturing these key target industries; and 3) Advanced Industry Sector - A third direct measure of the City's relative competitive strengths, opportunities, and growth potential incorporates an analysis of its Advanced Industries Sector.The Advanced Industries —the 50 industries with the highest levels of skills, knowledge, growth, and value-added productivity currently employ 39,319, or 8 percent of Palm Beach county's workers. a)Perform qualitative and quantitative research and analyses to identify the current and projected industries that have the highest potential for growth and market share capture in the Cityover the next ten (10)years and which have the capacity to function as economic engines and generators in the City. The aforementioned Competitive Assessment will provide a detailed analysis of the growth industries located in the City of Boynton Beach and Palm Beach County.As noted above,the first step in the research and analysis is to identify the City/County's traded industries,target/cluster industries, and Advanced Industry sector as these have the greater potential for growth. However,the COVID-19 pandemic has altered consumer demand and created new opportunities for industrial growth. The JPMC has been analyzing these changes over the past year and will determine how the City of Boynton Beach can take advantage of these specific industry growth sectors. b) Examine local, regional, and national industry trends and projected industry growth by sector for the City. As part of the Competitive Assessment,the economic development planning team will provide a past-COVID examination of the major industry sectors from a national, regional, and locale perspective. The growth of industry sectors has been significantly altered by the pandemic. Growth trends were already in place prior to the pandemic while others have emerged in the post-COVID economy. Identifying these growth industries and the opportunities they provide for existing businesses and entrepreneurs will be key to the City's Economic Development Strategic Plan. c)Evaluate critical areas that influence the City's current and future industry and workforce needs and challenges to attract, recruit, and retain high quality workers. The COVID-19 pandemic has hastened the urgency that has existed for several decades of the need to invest in the structural transformation of our national and local economies.The future of rapidly evolving technologies,including artificial intelligence and advanced robotics,is happening now and have the ability to help reshape local economies that have lagged in performance, productivity, and opportunities for its workers. Localities that actively invest in the necessary institutional support, technologies, worker skills, capital, and infrastructure to respond to these needs will be rewarded with more resilient and inclusive economies. The economic development planning team will provide an evaluation of the City's current and future industry and workforce needs and challenges to attract, recruit, and retain high quality workers.Thoughtful and resilient industrial policies can also create economic opportunity in the form of a variety of jobs and occupations paying competitive wages and incomes that increase rapidly with improved skills and experience. Workforce development and training must be focused on industry sectors, occupations, and technologies that provide the greatest 8 Page 669 of 1906 opportunities for local workers. Programs must be tailored to specific learning and skill sets and offered at the neighborhood level for easy access.Apprenticeships and internships for Fort Myers high school students should be formalized and aligned with target and advanced industries and manufacturing skills to build a talent pipeline. Local governments, educational institutions and workforce development organizations must break free from traditional approaches to workforce development to accelerate workforce development in a more strategic and coordinated approach. d) Analyze any challenges/impediments that may exist in attracting or stimulating industry growth. Recommend strategies to build-up strengths and mitigate challenges. The Competitive Assessment will include an analysis of challenges or impediments that may exist in attracting or enhancing the key industrial sectors noted above. In order to take advantage of these industrial development opportunities and mitigate any challenges the City will need to develop requisite "core competencies." The JPMC's model includes the following four (4) elements: 1. Industrial development planning and management 2. Industry strategy making 3. Industry-specific workforce training 4. Industrial development performance metrics The economic development planning team will prepare a strengths, weaknesses, opportunities, and challenges(SWOC)analysis incorporating the core competency evaluation criteria. e) Examine the City's current zoning code and land use policies and describe their impact on economic development. Planning, zoning, and design controls should all be reexamined to ensure that regulations allow for creativity and flexibility for business development. Land use policies and zoning codes and must better match the trajectory of today's economy and business trends: fast-moving, entrepreneurial, opportunistic, and flexible. The economic development planning team will examine the City's current zoning code and land use policies to determine whether there are any obstacles to business development and to recommend change to the land use plan, zoning code and land development regulations. The JPMC will also examine the City's 2020-2021 Strategic Plan, Comprehensive Plan, CRA Plan, and other planning policies to determine whether appropriate enhancements or modifications should be made to help stimulate economic and business growth.The JPMC will also recommend how to make approvals and permitting easier and faster for new and existing businesses. f) Identify and examine regulatory/administrative hurdles that impact economic and business growth. Understand the relative impact the current industry mix has contributed to the City's commercial and real estate development. The economic development planning team will examine the City's permitting and regulatory review process and requirements to determine whether any hurdles exist that impact economic and business growth. Cities throughout Florida and the U.S. have created mechanisms for making approvals and permitting easier and faster for new and existing businesses. The economic 9 Page 670 of 1906 development planning team will identify innovative processes and mechanisms the City could consider for expediting plan review and permitting for businesses. In addition,as part of the Competitive Assessment,the economic development planning team will assess the economic impacts of the City's current mix of industries.The JPMC will inventory the City's existing industries and business establishments and determine how they contribute to the City's economic base. Task v Develop Peal Estate Development Market Analysis As part of the Competitive Assessment, economic development planning team will perform a detailed market analysis of each commercial real estate sector — industrial, office, retail and multifamily for both the City and Palm Beach County.The analysis will include the following data points: ➢ Market trends ➢ New construction ➢ Sales/lease activity Occupancy/absorption rates ➢ Vacancy rates a) Assess the impact the COVID-19 Pandemic has had on the commercial real estate market. Use quantitative data to support your findings. Assess how future trends in the commercial real estate impact development within the City. The economic development planning team will provide an assessment of the city's existing and proposed (pipeline) major commercial sectors— retail, office, and multi-family and also industrial to determine market tends in pre and post-COVID-19 pandemic. Prior to the pandemic, major market shifts were already occurring in retail and office real estate markets which was further accelerated by the pandemic. Detail leasing activity, absorption, occupancy rates, rental rates and compare with competitive submarkets outside of the City. See Task#3 above. b) Identify key location challenges for relevant commercial sectors including an evaluation of the development pipeline and long-range land use plans. The economic development planning team will perform an assessment of the City's commercial corridors and business/office parks to determine locational assets and deficiencies. The assessment will include a review of the City's Strategic Plan,Comprehensive Plan, and CRA Plan to determine the extent to which the City's strategic planning, land use planning and redevelopment planning are in sync and support and provide incentives for the implementation of a successful Economic Development Plan. Task .Conduct Petals MarketAnalysis and Recruitment Plan As noted in the RFP, "the COVID-19 pandemic has had a massive impact on the retail industry."The City's expectation is that the Retail Market Analysis and Recruitment Plan "will describe the retail landscape within the City, identify retail gaps, detect and examine trends within the retail sector, identify and 10 Page 671 of 1906 evaluate retail locations, and create a plan that will identify and help recruit potential prospects for the City." The Retail and Recruitment Plan is the most critical element of the Economic Development Plan as its success will create the most visible and tangent improvements to the City's downtown and adjoining commercial corridors which connect to the City's neighborhoods and residents. The Retail and Recruitment Plan is essential to the placemaking strategic planning discussed in Task 1-b) above. In the post-COVID economy, the City will need to achieve a creative mix of shopping, dining, live-work, and cultural activities that enhance the quality of life of City residents and the attraction to outside visitors. As noted in the RFP, an essential piece to the success of the City's economy is a thriving entrepreneurial ecosystem that connects entrepreneurs to talent,information,and resources.Building an entrepreneurial ecosystem is a long-term strategic initiative for the City, and identifying strategies and policies to help create this ecosystem will be a motivating factor in the Retail and Recruitment Plan, as well as the Economic Development Plan. The economic development planning team will highlight best practice case studies of downtowns and business districts that bucked national and regional tides by gaining retail growth and job market share after the Great Recession and continued success in the post-pandemic recovery.In order to remain vibrant and maintain a strong market position, some downtowns were rethinking their purpose before the pandemic—not only as a business district, but as a place where people can live,work, and play in diverse, creative ways. The analysis utilizes data from ESRI Business Analyst– a leading provider of demographic and business data. ESRI uses publicly accessible data along with proprietary statistical models to generate estimates for present day (2017) as well as five-year projections (i.e., through 2022). It should be noted because ESRI provides estimates,the data is not considered to be 100%accurate.The consumer characteristics analysis examines key demographic attributes and trends with relevance to the town's retail industry and growth potential. In performing the Retail Analysis and Recruitment Plan the economic development }Manning team will utilize various public and proprietary date sources including the Environmental Systems Research Institute (SSRI) ArcGIS Business Analyst Software, the industry standard for market research, which applies additional analysis to U.S. Census Bureau population estimates to provide current year population estimates. The economic development planning team's Retail Market Analysis and Recruitment Plan will include the following elements: a) Assess the COVID-19 impacts on the City`s retail industry. The economic development planning team will perform a retail market analysis that focuses on current business activity including retail mix,COVID-related closings,retail trends, and post-COVID best practice case study examples. Rethinking the future of retail could be a tool for economic and social transformation,literally from the ground up.The analysis will explore new approaches to retail that could jumpstart activity in the City's downtown, neighborhood districts, and commercial corridors to meet all residents' daily needs with a diverse mix of businesses and services. Essentially, placemaking and rejuvenating the City's retail market must go hand-in-hand; 11 Page 672 of 1906 b) Consumer Characteristics&Market Segmentation. The economic development planning team will assess existing retail market conditions and define the retail trade area in the City of Boynton Beach. The COVID economy, population growth, and other demographic shifts will drive new retail demand.This level of analysis is especially critical in the post-COVID economy where consumer demand has been significantly altered. The market analysis will also account for different consumer segments and the unique opportunities that different consumer segments bring to the market such as niche retail, ethnic cuisines, and entertainment businesses; c) Retail Leakage(Gap)Analysis. The economic development planning team will perform a "Retail Leakage (gap) Analysis." The retail leakage analysis will compare resident spending to local and regional retail business sales to identify specific retail categories in which residents are leaving the area to spend money (resulting in a retail leakage), or alternatively, where people from outside of the area are coming to shop at local businesses (creating a retail surplus).The retail potential analysis examines the number of retail businesses in thosecategories with leakage that may be able to be supported in Boynton Beach if some of the retail spending is recaptured along with retail spending from new residents (five-year population growth) and spending by workers commuting into the town and tourists. The analysis will also identify competitive geographic trade areas such as retail spending by residents is occurring outside of the City, but at businesses close enough to the City (i.e. Lake Worth, Delray Beach, Lantana) that may be preventing-new retail businesses from being successful in Boynton Beach. d) Retail Opportunities& Potential. The economic development planning team will assess retail opportunities and potential for the City of Boynton Beach,including: Potential to enhance downtown as a dining and entertainment destination bases on identified market segments; Capturing unmet spending potential based on a five-year outlook, capturing retail leakage and unmet retail spending potential in the City,including health and personal care stores, clothing stores,general merchandise stores; Potential for neighborhood-scale or boutique grocery stores and other niche and ethnic retail and dining establishments; and Recommend specific retailers and restaurants based on the market segment profiles. 12 Page 673 of 1906 e) Retail Retention,Attraction, and Implementation Plan Based on the above analysis,the economic development planning team will develop a Retail Implementation Plan.The plan will capitalize on all identified opportunities and will prioritize strategies for retaining and attracting target business segmentations. f) Develop Site Selection Strategy to help the City identify available sites/property for potential retailers As part of the Retail Implementation Plan,the economic development planning team will include a Site Selection Strategy to help the City identify available and other potential sites and properties for potential retailers both as free-standing locations and as part of a more focused placemaking/mixed-use strategy. Task 5 Provide Detailed Analyses of Targeted District Areas The economic development planning team will provide a detailed analysis of each of the following districts: a. Downtown District b. Medical Overlay District c. Heart of Boynton d. Congress Avenue District e. Station Area District f. Woolbright Road District g. Federal Highway Corridor The economic development planning team will use the preceding tasks as the analytical underpinnings for an innovative economic development strategic action plan to assist the City's decision-makers in capitalizing on potential economic engines and real estate trends, assist in business attraction and retention,increase the number of high-quality jobs in the City,and build on significant economic strengths and opportunities. The economic development planning team will work with City officials to develop a five (5) year strategic action plan that includes specific policy recommendations and implementation strategies to enhance the attraction of high-growth industries, stimulate growth, and build-on opportunities and assets that exist in the City and County. `os `,Economic Development Strate is Floe A particular strength of our project team is our experience developing and implementing economic development strategies. Led by Jon Stover&Associates,an economic development consulting firm based in Washington DC with over ten years of experience across the country, we will assess the policy and programming tools that (a) will have the best ability to achieve the highest-priority community needs ascertained earlier in the project process;(b)capitalize on market opportunities and realities;and(c)align with stakeholder capacity, interest, resources, and existing ecosystem. In other words, our approach is rooted in marrying market knowledge with the practicality of implementing plans. Our team has a data and market driven approach to all of our work. But at the end of the day, our leadership team knows that data needs to be combined with local knowledge and input to ensure a strategy or plan is effectively implemented.It is important to emphasize that our team's approach towards economic development strategy does not end by merely identifying market needs and opportunities for city intervention to spur targeted economic growth. We take pride in our experience developing and 13 Page 674 of 1906 implementing specific economic development programs and strategies at the local level. We will review existing economic development measures and interview agency staff about receptivity and opportunity to make adjustments to existing policies and programs or to develop and implement new approaches. Approaches that we have particular familiarity with include, but are not limited to,the following: Development Financing and Incentives.Our team has supported numerous developers,agencies, and community development corporations apply for state and federal funding sources, including calculating potential value capture mechanism like TIF. Municipal Real Estate Ownership, Management, and Redevelopment. We have assisted dozens of city agencies, redevelopment authorities, and other public and quasi-public organizations in conducting market analysis, development feasibility analysis, and re-use strategy for city-owned sites. Small Business Attraction, Retention, and Marketing. A common implementation strategy that our team has helped our clients execute is policy, programming, and technical assistance aimed at retail and small business retention and attraction. Implementation Capacity Generation and District Management. We have helped create and enhance the capacity of dozens of local-serving economic development nonprofits (such as BIDs, Main Streets, and CRAB) to serve as the implementation partner for economic development strategies and provide business support services for commercial districts. Economic Development Policy. Our policy experience includes helping to develop a legacy business classification and support program in Washington, DC, as well as strategic input for a variety of pandemic relief and recovery programs. Our team will identify target infill and high opportunity economic development areas and incentive programs that can help spurthe desired type of investment at key locations.Our team will vet preliminary economic development strategies with the project team and other stakeholders and will work with key partners to identify and build support for implementation. We will develop an implementation matrix that will guide economic development policy and programming development over 2022 and beyond.This document will assign roles, responsibilities, actions,timing, and key milestones, and serve as a road map to steer the implementation process. Community q merit.. To ensure local community involvement, the economic development planning team will provide stakeholder engagement approach, plans, strategies and tactics that support development of a plan for Boynton Beach to align policy and investments to maximize the City's assets and chart a course towards a sustainable and equitable economy that enables vibrant neighborhoods and communities. The economic development planning team will: Assure,with diligence,that all stakeholders have equal access to a transparent process and that input and feedback is accurately captured and assembled for delivery as required. Intentionally activate stakeholders and coalesce competing interests to meaningfully participate in the process and attendant engagement. Additionally, assure that such delivery meets the principal tenets of the Economic Development Plan and the requirements of the City of Boynton Beach. 14 Page 675 of 1906 Support the inclusion and/or integration of findings and outcomes into the Economic Development Plan to help inform the best course for a path forward to economic sustainability for Boynton Beach, its residents,and current and future enterprises. With a focus on placemaking, Boynton Beach is also intentional about'making place'for legacy residents in a way that enables there to be valued contributors to the best of and for the City.To ensure that these residents are included and supported in meaningful and sustainable ways, the following tasks will be performed: a. Define the scope of the stakeholder engagement policy including background, logic and impact. b. Define the ownership and decision-making process and communicate it to help ensure accountability. c. Define the governance process to enhance credibility of the process and reported outcomes. d. Identify and map stakeholder/stakeholder groups with focus on influence and their dependence e. Develop stakeholder mapping to enable application of best practices for an approach to robust,transparent,telling and accessible individual as well as group engagement. f. Develop an engagement plan that delivers process, channels, data capture and measurement in a framework that aligns with the City's existing stakeholder engagement infrastructure. g. Manage and facilitate the stakeholder engagement process in a way that engenders goodwill for the City, captures feedback and outcomes that are readily available to stakeholders and decision makers, and provides data and information that is instrumental to design of the Economic Development Plan. h. Report outcomes against qualitative and quantitative metrics in alignment needs for Plan development as well as the requirements of the City of Boynton Beach. 15 Page 676 of 1906 ............... 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Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-094- Rescind Resolution R07-150 referring to the City's travel policy and rates. Explanation of Request: In December of 2019, the City updated the Administrative Policy Manual section 09.06.01 to amend rates for the travel policy to reflect the current IRS guidelines for mileage reimbursement, meal and subsistence allowance. The IRS annually updates these rates as the costs of food and/or fuel commodities change. To remain consistent with the Administrative Policy, Resolution R07-150 needs to be rescinded. How will this affect city programs or services? The City will be able to remain consistent with changes to the IRS travel rates through an administrative process. Fiscal Impact: Costs will remain within the approved budgeted line items for travel. Alternatives: Not rescind the Resolution and maintain the lower existing rates within R07-150. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Resolution Resolution rescinding R07-150 travel policy and rates D Attachment APM 09.06.01 Travel Policy D Attachment R07-150 Page 680 of 1906 I RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA RESCINDING RESOLUTION R07-150 5 REFERRING TO THE CITY'S TRAVEL POLICY AND 6 RATES,AND AN EFFECTIVE DATE. 7 8 WHEREAS, in December of 2019 the City updated the Administrative Policy Manual 9 via section 09.06.01 amending rates for the travel policy to reflect the IRS guidelines for 10 mileage reimbursement, meal and subsistence allowance, and I WHEREAS, since the IRS annually updates these rates as the costs of food or fuel 12 commodities change, for ease of use, the City staff is recommending rescinding Resolution 13 R07-150; and 14 WHEREAS, the City Commission has determined that it is in the best interest of the 15 City to rescind Resolution R07-150 referring to the City's travel policy and rates and authorizes 16 them to be to amended by an administrative process as they are updated by the IRS. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 19 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 20 as being true and correct, and are hereby incorporated herein and made a part hereof. 21 Section 2. The City Commission hereby rescinds Resolution R07-150 referring to 22 the City's travel policy and rates and authorizes them to be amended by an administrative 23 process as they are updated by the IRS. 24 Section 3. This Resolution shall become effective on passage. 25 i S:\CA\RESO\Rescinding R07-150 Travel Policy And Rates-Reso.Docx Page 681 of 1906 26 PASSED AND ADOPTED this 3rd day of August, 2021. 27 CITY OF BOYNTON BEACH, FLORIDA 28 29 YES NO 30 31 Mayor— Steven B. Grant 32 33 Vice Mayor—Woodrow L. Hay 34 35 Commissioner—Justin Katz 36 37 Commissioner—Christina L. Romelus 38 39 Commissioner—Ty Penserga 40 41 VOTE 42 ATTEST: 43 44 45 46 47 Crystal Gibson, MMC 48 City Clerk 49 50 51 52 (Corporate Seal) 2 S:\CA\RESO\Rescinding R07-150 Travel Policy And Rates-Reso.Docx Page 682 of 1906 CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 09 Finance & Budget Policy No. 09.06.01 SECTION: 06 Travel Page: 1 of 14 SUBJECT: 01 Travel Policy & Procedures Table of Contents A. Purpose... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 2 B. Scope... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 2 C. Policy... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 2 D. Budget Verification... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...2 E. Definitions... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 3-4 F. Expense Allowance for Public Officials (Commissioners)... ... ... ... ... ....... 4 G. Travel Authorization for Employees and Authorized Persons... ... ... ... ..... 4 H. Travel Expense Reimbursement... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5 I. Computation of Travel Time for Expense Reimbursement... ... ... ... ... ... ... 5-6 J. Rates of Per Diem and Subsistence Allowance... ... ... ... ... ... ... ... ... ... ..... 6 K. Transportation... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... 7-8 L. Rental Cars... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8 M. Lodging... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 9 N. Other Expenses... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9 O. Personal Travel Combined With City Travel... ... ... ... ... ... ... ... ... ... ... ..... 10 P. Advance Payments... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....... 10 Q. Travel Advances ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10-11 R. Travel Expense Form... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 11 Forms: Travel Authorization Form... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12 Instructions for Completing Travel Authorization Form... ... ... ... ......... 13 Travel Expense Form... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14 City of Boynton Beach 1 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 683 of 1906 CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 09 Finance & Budget Policy No. 09.06.01 SECTION: 06 Travel Page: 2 of 14 SUBJECT: 01 Travel Policy & Procedures A. PURPOSE: The purpose of this policy is to provide guidelines and procedures for the authorization of necessary travel and the reimbursement of travel expenses. B. SCOPE: This policy applies to all departments budgeting travel expenses and to all employees, authorized persons incurring, and requesting reimbursement of travel expenses. C. POLICY: Occasional travel by City authorized persons is considered necessary and advantageous to the conduct of City business. 1. Attendance at selected professional association meetings, technical training courses, and business meetings provide a benefit to the City and its taxpayers through an increased awareness of technical and administrative developments. 2. However, the time and cost of travel, the resulting absence from normal duties, and the public's sensitivity to these issues demand examination of alternative means of accomplishing travel purposes. Consider telephone conference calls, webinars, in-house and local sessions, and written communications prior to requesting travel authorization. 3. When no feasible substitute for travel exists, the traveler and the approving authority must keep all associated expenses to a minimum. 4. Travel must be authorized well in advance as last minute arrangements and changes can be costly. 5. Travel expense reimbursements will made within limitations of this policy. 6. No expenses may be incurred for out of state travel or travel that is estimated to exceed $1000.00 prior to City Manager Authorization. 7. All employees are encouraged to use a budgeted procurement card (P-Card) for hotel, airfare, car rental expenses and when possible registration. If you need a P-card, contact the P-Card Administrator, Mike Dauta at ext.6324. City of Boynton Beach 2 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 684 of 1906 D. BUDGET VERIFICATION: Each approving authority shall be responsible for verifying that sufficient budgeted funds are available prior to authorizing the requested travel. E. DEFINITIONS: The following words shall have the meaning indicated: 1. Agency: Any office, department, division or other organizational unit of the City of Boynton Beach. 2. Authorized Person: a. A person other than a public official or employee as defined herein who is authorized by the City to incur travel expenses in the performance of official duties. b. A person who is called upon by the City to contribute time and services as a consultant or advisor. c. A person who is a candidate for an executive or professional position with the City. 3. Common Carrier: Train, bus, commercial airline operating scheduled flights, or rental cars of an established rental car firm. 4. Employee: An individual on the City payroll other than a public official, who is filling a regular full time or part time authorized position and is responsible to the City. 5. Mileage: a. Destination Mileage: Miles traveled from the traveler's headquarters by a usually traveled route computed on the basis of the current map of on-line services such as Map Quest or Google Maps. b. Vicinity Mileage: Miles traveled within a local area of the traveler's headquarters or a travel destination away from the traveler's headquarters. (1) If the traveler departs from a personal residence to the destination, only the mileage in excess of the commuting mileage from the traveler's home to the official headquarters is allowed. (2) Vicinity mileage is not allowed for travel to obtain meals. 6. Official Headquarters: The official headquarters of a public official or employee shall be the regular assigned office or location within the City of Boynton Beach. City of Boynton Beach 3 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 685 of 1906 7. Per Diem Rates: Daily allowance or specific amount of money per day used to cover meal allowances or expenses. 8. Public Official: A member of the City Commission. 9. Subsistence allowance: An allowance paid by the employer to the employee to cover accommodation, meals or incidental costs where the employee is, by reason of the duties of his or her office or employment, obliged to spend at lease one night away from his or her usual place of residence. 10.Traveler: A public official, employee, or authorized person, when performing authorized travel. 11.Travel Day: A period of twenty-four (24) hours consisting of four (4) quarters of six (6) hours each. 12.Travel Expense: The usual, ordinary and incidental expenditures necessarily incurred by a traveler. 13.Travel Period: A period of time between the time of departure and the time of return. 14.Type of Travel: a. Class A travel: Continuous travel of twenty-four (24) hours or more which involves overnight absence from official headquarters. b. Class B travel: Continuous travel of less than twenty-four (24) hours, which involves overnight absence from official headquarters. c. Class C travel: Travel for short day trips where the traveler is not absent from official headquarters overnight. F. EXPENSE ALLOWANCE FOR PUBLIC OFFICIALS (COMMISSIONERS): 1. Public officials shall receive, in lieu of reimbursements, a monthly expense allowance to cover travel expenses: a. Within City limits, the monthly expense covers all travel expenses in connection with their duties as a Commissioner, and for use of their personal automobile on City business. There shall be no further reimbursement. b. For a round trip distance in excess of 300 miles (i.e., Orlando, Tampa, Jacksonville, Tallahassee), the traveler may be reimbursed for the purchase of gasoline and tolls supported by receipts, conference registration fees, hotel City of Boynton Beach 4 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 686 of 1906 costs and parking fees. Meal reimbursements or other incidentals will be borne by the Public official through their monthly expense allowance. 2. The amount of expense allowance shall be established, and may be amended, by resolution of the City Commission. G. TRAVEL AUTHORIZATION FOR EMPLOYEES AND AUTHORIZED PERSONS: 1. All travel by an employee or authorized person must be requested in writing and signed by the traveler and approved by the traveler's agency head or designee, prior to the time of travel using the City's Travel Authorization Form. 2. Such requests should not be authorized unless it is accompanied, prior to the time of travel, by a signed statement by the traveler and the traveler's supervisor stating that such travel is on the official business of the City and also stating the purpose of such travel. 3. The Travel Authorization Form must also be accompanied by any literature such as brochures, registration forms, agendas, letters, memos noting the time, mapquest mileage place and reason for the travel. 4. If the total training/travel cost is estimated to be $1000.00 or more, or involves out of state travel, the City Manager's signature is required in advance to committing city funds or using a City Purchasing Card. H. TRAVEL EXPENSE REIMBURSEMENT: 1. Travel expenses of travelers shall be limited to those expenses necessarily incurred by them in performance of a public purpose authorized by law to be performed for the City and must be within the limitations prescribed by this section. 2. Travel by public officials or employees serving temporarily on behalf of another agency or partly on behalf of more than one agency at the same time, or authorized persons who are called upon to contribute time and services as consultants or advisors, may be authorized by the City. Complete explanation and justification must be shown on the Travel Expense Form or attached thereto. 3. Traveling expenses of public employees for the sole purpose of taking merit system or job placement examinations, written or oral, shall not be allowed under any circumstances, except upon prior written approval of the City Manager. 4. Travel expenses incurred by candidates for executive or professional positions with the City may be allowed as authorized by the City Manager and available in the budget. City of Boynton Beach 5 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 687 of 1906 5. All reimbursed employee travel expenses require the completion of a travel form as follows: a. If travel expenses are for in-county parking, mileage and tolls only. b. Any other in-county same day travel expenses such as registration can be paid directly to the vendor without the completion of a travel expense form. c. Any travel expenses outside of Palm Beach County may be reimbursed using an approved Travel Authorization form and Travel Expense form. d. Reimbursement for or payment of overnight lodging and meals is generally prohibited for travel in Palm Beach County; registration and mileage expenses are allowed for such travel. I. COMPUTATION OF TRAVEL TIME FOR EXPENSE REIMBURSEMENT: For purposes of reimbursement and methods of calculating fractional days of travel, the following principles are prescribed: 1. The travel day for Class A travel (overnight 24 hours or more) shall be a calendar day (midnight to midnight). 2. The travel day for Class B travel (overnight less than 24 hours) shall begin at the same time as the travel actually begins. 3. For Class A and Class B travel, the traveler shall be reimbursed one-fourth (1/4) of the authorized rate of per diem allowance for each quarter, or fraction thereof, of the travel day included within the travel period. 4. Class A and Class B travel shall include any assignment on official business outside of regular office hours and away from the traveler's official headquarters when it is considered reasonable and necessary to stay overnight and for which travel expenses are approved. 5. For Class C travel, a traveler shall not be reimbursed on a per diem basis, but shall receive subsistence for meals as provided in this section, which allowance for meals shall be based on the following travel schedule: a. Breakfast - Leave before 6:00 a.m. and extends beyond 8:00 a.m. b. Lunch - Leave before 11:30 a.m. and extends beyond 2:00 p.m. c. Dinner - Leave before 6:00 p.m. and extends beyond 8:00 p.m. or when travel occurs during night-time hours due to special assignment. (6:00 PM is City of Boynton Beach 6 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 688 of 1906 defined as direct travel time and does not include time taken to stop for dinner) d. No allowance shall be made for meals when travel is confined to the City of Boynton Beach or immediate vicinity; except assignments of official business outside of the traveler's official headquarters if travel expenses are approved by the City Manager. J. RATES OF PER DIEM AND SUBSISTENCE ALLOWANCE: For purposes of reimbursement rates and methods of calculation, per diem and subsistence allowances for meals are provided where receipts are not required: • When traveling to a convention, conference, or training course if it serves a direct and lawful public purpose, or • When traveling within or outside the local area in order to conduct bona fide City business. All travelers may receive a per diem allowance (for meals and lodging) or subsistence allowance (for meals only) for each day of such travel at the option of the traveler: a. Per diem allowance for meals and lodging in the following amounts determined by gsa.gov (https://www.asa.aov/traveI-resources) using the per diem allowances for a trip calculator by city with an itemized receipt and the City Manager's approval: (1) Fifty-Six Dollars ($56.00) per diem and receipts are not required (a) $14.00 — Breakfast (b) $16.00 — Lunch (c) $26.00 — Dinner 56.00 —Total for 24 hour period (2) Exceptions to the above are: 1) continental breakfast does not constitute breakfast, and 2) meals at large out-of-state cities (i.e. New York City, Washington DC) can be reimbursed by gsa.gov (,https://www.gsa.gov/traveI-resources) using the per diem allowances for a trip calculator by city with an itemized receipt and the City Manager's approval. (3) If actual expenses exceed $56, up to the amounts permitted below of this subsection for meals, and actual expenses for lodging at a single occupancy rate to be substantiated by paid bills. City of Boynton Beach 7 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 689 of 1906 (4) When lodging or meals are provided at a convention, conference, training course, the traveler shall be reimbursed only for the actual expenses of lodging or meals, not to exceed the maximum provided in this subsection. (5) City may, at its discretion allow you to claim the full per diem allowance if: (a) You are unable to consume the furnished meal(s) because of medical requirements or religious beliefs; (b) In accordance with administrative procedures, you have made a reasonable effort to make alternative meal arrangements, but were unable to do so; (c) In accordance with administrative procedures, you requested specific approval to claim the full per diem allowance prior to your travel (d)You purchase substitute meals in order to satisfy your medical requirements or religious beliefs; (e) In accordance with administrative procedures, you may also claim the full per diem if you were unable to take part in a Government furnished meal due to the conduct of official business. b. Subsistence allowance for meals only while on official business. Receipts are not required up to the following amounts: (1) $ 8.00 — Breakfast (2) $12.00 — Lunch (3) $20.00 — Dinner (4) 40.00 —Total for 24 hour period Additional amounts may be reimbursed where special circumstances are appropriate as approved by the City Manager. K. TRANSPORTATION: 1. All travel must be by a usually traveled route. 2. In case a person travels by an indirect route for personal convenience, any extra costs shall be borne by the traveler and reimbursement for expenses shall be based only on such charges as would have been incurred by a usually traveled route. 3. The most economical method of travel for each trip shall be determined, keeping in mind the following conditions: a. The nature of the business. City of Boynton Beach 8 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 690 of 1906 b. The most efficient and economical means of travel (considering time of the traveler, cost of transportation and per diem or subsistence for meals required). c. The number of persons making the trip, and the amount of equipment or material to be transported. 4. Transportation by common carrier when traveling on official business and paid for personally by the traveler shall be substantiated by a receipt. In the event transportation other than the most economical class approved is provided by a common carrier on a flight check or credit card, the charges in excess of the most economical class shall be refunded by the traveler to the City. 5. The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may be authorized by the City. a. The traveler shall be entitled to a mileage allowance at a rate based upon the current allowable rate of the United States Internal Revenue Service. This rate shall be adjusted annually on January 1St in accordance with the IRS Standard Mileage Rate. b. Reimbursement for expenditures related to the operation, maintenance, and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business and reimbursement is made pursuant to this paragraph, except as provided for elsewhere in this subsection. c. All mileage shall be shown from point of origin to point of destination and shall be computed on the basis of the current map of on-line services such as Map Quest or Google Maps. Vicinity mileage necessary for the conduct of official business is allowable, but must be shown as a separate item on the expense voucher. 6. The City Manager may authorize transportation by chartered vehicles when traveling on official business when necessary or where it is to the advantage of the City, provided the cost of such transportation does not exceed the cost of transportation by privately owned vehicle pursuant to this subsection. 7. The City may grant employees monthly allowances in fixed amounts for use of privately owned automobiles on official business in lieu of the mileage rate provided for in this subsection. a. Allowances granted pursuant to this paragraph shall be reasonable and budgeted, taking into account the customary use of the automobile, the roads customarily traveled, and whether any of the expenses incident to the operation, maintenance, and ownership of the automobile are paid from funds City of Boynton Beach 9 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 691 of 1906 of the City or other public funds. Such allowance may be changed at any time. b. Travelers who receive an expense or car allowance for use of their personal automobile for City business shall not be entitled to a mileage allowance for use of their privately owned vehicle. However, for a round trip distance in excess for 300 miles (i.e., Orlando, Tampa, Jacksonville, Tallahassee), the traveler may be reimbursed for the purchase of gasoline and tolls supported by receipts. 8. No traveler shall be allowed either mileage or transportation expense when such traveler is gratuitously transported by another person or when transported by another traveler who is entitled to mileage or transportation expense. 9. However, a traveler on a private aircraft shall be reimbursed the actual amount charged and paid for the fare for such transportation up to the cost of a commercial airline ticket for the same flight, even though the owner or pilot of such aircraft is also entitled to transportation expense for the same fight under this subsection. L. RENTAL CARS: Commercial rental cars may be used provided: 1. Transportation is not available by City or privately owned vehicle. 2. The need is clearly documented as the most efficient and economical. 3. Approval is obtained by the City's approving authority. 4. The rental car is obtained from the rental car agency under the State of Florida contract unless renting out of state or other companies have a lower net rate to include the cost of insurance, mileage and fuel. 5. An Insurance Card is picked up from Risk Management prior to leaving. M. LODGING: Any overnight stay at a hotel within a 50-mile radius of the traveler's headquarters must be justified in writing and approved by the agency head and City Manager. 1. The City's standard is a single room with private bath in a business class hotel/motel. Accommodations are for lodging costs and substantiated business- related expenses (e.g., phone calls, faxes) only. Travelers are to pay for personal items such as alcohol, snacks, spa/gym, salon, personal calls, pay-per-view movies, restaurant charges, etc. 2. Suite or luxury accommodations are not reimbursable unless justified and approved in advance by the approving authority and the City Manager. City of Boynton Beach 10 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 692 of 1906 3. Reservations are not to be made or paid for until the travel is authorized by the approving authority. N. OTHER EXPENSES: The following incidental traveling expenses of the traveler may be reimbursed, if supported by receipts: 1. Taxi fare, including tips — Receipt required. 2. Bridge, road and tunnel tolls — Receipt required. 3. Storage, parking fees and valet, including tips — Receipt required. 4. Communication expenses. (Business telephone, fax, internet connections) 5. Laundry and dry cleaning is only allowed when the travel period extends beyond seven (7) continuance days and such expenses are necessary to complete the City business — Receipt required. 6. Registration fee while attending a convention or conference which will serve a direct public purpose with relation to the City — Receipt required. a. A traveler may be reimbursed for actual and necessary fees for attending events which are not included in the basic registration fee that directly enhance purpose of public participation in the conference. b. Such expenses may include, but not limited to, banquets and other meals. c. It shall be the responsibility of the traveler to substantiate that the charges were proper and necessary. d. Any meals or lodging included in the registration fee will be deducted in accordance with the allowances provided above. e. Baggage Claims/Fees for checked baggage. All travelers should make every effort to keep these costs as low as possible. O. PERSONAL TRAVEL COMBINED WITH CITY TRAVEL: Combining personal travel is not prohibited> However, only those costs that are clearly business related shall be reimbursed. 1. If the trip is primarily personal, only those costs incurred that can be clearly documented as business-related may be reimbursed. 2. If the trip is primarily business, but the traveler takes an indirect route, any extra costs (e.g., mileage, subsistence) shall be borne by the traveler. City of Boynton Beach 11 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 693 of 1906 P. ADVANCE PAYMENTS: When approved by the City Manager or designee, a traveler may request the City to pay expenses for registrations, travel, meals and lodging directly to the vendor during the travel period, limited to amounts in accordance with this policy. 1. Payments may be made in advance for the full cost or a deposit for: • Registration fees • Hotels • Airline reservations 2. Either by— a. The City on a tax exempt basis by City check or Purchasing Card. b. The traveler by personal check or credit card. 3. Payment method and amount must be indicated on the Travel Authorization Form and again on the Travel Expense Form when requesting reimbursement. 4. The originating department / traveler shall be responsible for requesting a reimbursement, refund or credit of all advance payments. a. The traveler shall be personally responsible for reimbursement of advance payments when the traveler cancels the travel or does not complete the travel due to their own fault. b. The traveler shall incur no liability for reimbursement of advance payments when travel is cancelled due to an emergency or through no fault of their own. Q. TRAVEL ADVANCES: Notwithstanding any of the foregoing restrictions and limitations, the City Manager may make, or authorize the making of, advances to cover anticipated costs of travel to be paid by the traveler. 1. No advances will be made for amounts less than $50. 2. Such advances may include the estimated costs of lodging, meals and travel of the traveler in the performance of duties. 3. The final Travel Expense Form shall be made within fifteen (15) calendar days of return from travel. a. If the traveler owes the City money, a personal check should be attached to the Travel Expense Form. City of Boynton Beach 12 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 694 of 1906 b. If the City owes the traveler money, the Travel Expense Form should be submitted by Tuesday in order to receive reimbursement in the same week. 4. The traveler must report the actual use of travel advances and repay any portion of the advance not used before any subsequent travel advance request will be honored. R. TRAVEL EXPENSE FORM: All claims for reimbursement shall be on a Travel Expense Form authorized by the City. 1. This form should account for all expenses of the employee's travel regardless of who made the expense payment; the City or the traveler. 2. All reimbursed expenses must have some form of documentation attached to substantiate that the expense occurred. Receipts smaller than 8'/ x 11 shall be taped to an 8'/ x 11 sheet of paper. 3. The following statement shall be included and followed by the signature of the employee and authorized person to approve the travel expenses. I verify that the expenses listed above were incurred as necessary travel expenses in the performance of official City business and that this request for reimbursement is true and correct as to every material matter. EFFECTIVE DATE: May 4, 2011 REVISED: December 2nd, 2019 Lori LaVerriere City Manager Attachments: Travel Authorization Form Instructions for Completing Travel Authorization Form Travel Expense Form City of Boynton Beach 13 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 695 of 1906 Travel Authorization Form City of Boynton Beach 14 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 696 of 1906 CITY OF BOYNTON BEACH, FLORIDA 0 TRAVEL AUTHORIZATION FORM 1 Date Submitted: 2 Traveler Name: 3 Department: 4 Travel Dates: 5 Meeting Description: 7 Travel Destination 8 Means of Travel: 9 When personal car is authorized,provide estimated mileage &cost: Estimated Mileage See Instructions(Item 14)if the Traveler receives a car allowance. Estimated cost $ (Effective January 1,2011,reimbursement is$.51 per mile) 10 Plane Fare $ 11 Registration Fee $ Please note the City is tax exempt in the state only as long as the City sends a check for the hotel. Travelers will not be 12 Hotel Cost $ reimbursed for sales tax for in-state hotels. Hotel Name Sharing Room With: 13 Meal Cost: Breakfast-$8. If any meals are included in registration Lunch-$12. fee or hotel rate please do not include in Dinner-$20. this section. 14 Other Cost: Ground Transportation Traveler must provide receipt for reimbursement Parking Fee Traveler must provide receipt for reimbursement Tolls Traveler must provide receipt for reimbursement Fuel Traveler must provide receipt for reimbursement Written justification Must be attached to this form as to why rental car is necessaryand an insurance card must 15 Rental Car: be picked upfrom Risk Management prior to leaving. Total Cost $ 16 Advance Check Requested: (Type Yes or No) DO NOT send a separate 121 form for advance (No advance will be issued for expenses less than$50. Only show amount to be paid to Traveler-do not include amounts that were paid on separate 121 Amount requested: forms) Acct.#to be charged: Note to Traveler-A Travel Expense Report must be completed within 15 days of return from your trip. Receipts must be kept for hotel,fuel, Traveler Signature: ground transportation,tolls,parking fees,etc. PLEASE NOTIFY FINANCE DEPT.AT EXT.6320 IF TRIP IS CANCELED A COPY OF THE CONFERENCE/MEETING BROCHURE MUST BE ATTACHED TO THIS FORM 17 Authorization: Department Head: Finance Department: City of Boynton Beach 15 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 697 of 1906 INSTRUCTIONS FOR COMPLETING TRAVEL AUTHORIZATION FORM Line 1 Type date form is submitted to Department Head for Approval 2 Type traveler's name 3 Type traveler's department/division 4 Type dates traveler will be attending seminar/conference 5 Type in a brief description of type of meeting/seminar/conference(i.e., -Florida Government Finance Officers Association Annual Conference) 7 Type in city and state where meeting/seminar/conference will be held 8 Type in how traveler will travel to meeting/seminar/conference 9 Type in estimated mileage only. System will automatically calculate cost. 10 Type in cost of plane fare 11 Type in registration fee (This should be submitted on a separate 121 form with copy of registration form.) 12 Type in the total cost for the hotel. (Payment should be made directly to the hotel on 121 form with sufficient backup) Type complete name of hotel. 13 Type in total cost for breakfast, lunch and dinner. (Please remember if a meal is included in your hotel rate or registration fee you do not get per diem for those meals.) 14 Type in cost for ground transportation (i.e., taxi, limo, etc.)traveler must keep receipts to be reimbursed If traveler drives a personal or city vehicle and the hotel charges a parking fee the traveler will be reimbursed if they provide a receipt. Any tolls the traveler incurs while traveling to the meeting location will be reimbursed if traveler provides receipts. If traveler drives a city vehicle they shall be reimbursed for any fuel they have to purchase. Receipts must be provided. If traveler drives their personal vehicle the fuel reimbursement is included in the mileage allowance. If the traveler receives a c 15 If it is essential or more economical for the traveler to rent a rental vehicle during the trip they must receive approval prior to trip and written justification must be provided with the Travel Authorization Form. Rental vehicle must be an economy mode 16 Type yes or no on the Advance check requested line stating whether the traveler is requesting an advance pay for meals. Type the total amount requested for meal advancement. Type account number where advance funds are to be charged. GENERAL INFORMATION No Advance checks will be issued for amounts less than $50. Advances are not issued until 2 weeks prior to the date the trip will actually take place. Travel Expense Forms must be submitted within 15 days of travelers return from trip. All cost are to be shown on the expense report including those items paid by 121 forms. All receipts, including hotel, must be attached to reimbursement request. Travel advances do not require a separate 121 form. Finance will take information from Travel Authorization Form. Finance Dept. must be notified if trip is changed or cancelled. Send an e-mail to Jonele Luma. Ext. 6320 City of Boynton Beach 16 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 698 of 1906 Travel Expense Form City of Boynton Beach 17 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 699 of 1906 CITY OF BOYNTON BEACH, FLORIDA TRAVEL EXPENSE FORM Date Submitted Traveler's Name Department Travel Dates Meeting Description Travel Destination Departure Time and Date Return Time and Date Expenses- Receipts must be attached for all expenses except for meals Dates of Travel Sun. Mon. Tues. Wed. Thurs. Fri. Sat. Total Hotel $ Breakfast $ Lunch $ Dinner $ Registration Fee $ Ground Fare $ Parking Fee $ Tolls $ Fuel $ Plane Fare $ Rental Car $ Books/Publications $ Mileage ($.51/mile) $ Effective January],2010(Travelersrecelving a car allowance should refer to Instructions for completing Travel Puthousatiion Form"as a mileage allowance is no Iongerau owe Total Expense $ - Beginning of Mileage Breakdown Trip Ending of Trip Total Mileage Beginning mileage 0 Ending mileage 0 Expense Recap Total Expenses $ Less payments made by direct payment or City credit card directly to vendor $ Less amount paid by traveler $ Less amount paid in advance to traveler $ Balance due $ Account# If balance due amount is in parenthesis the traveler owes the City money-attach check to this form; If the balance due amount does not have parenthesis the City owes the traveler money-this form must be in Finance by Tuesday at 5pm for check to be i Signatures I verify that the expenses listed above were incurred as necessary travel expenses in the performance of official City business and that this request for reimbursement is true and correct as to every material matter. Employee Department Head or Designee Finance Director or Designee City of Boynton Beach 18 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\706E49E6-7434-4BD2-BOCF-E6FAAABC3BE8\Boynton Beach.27570.1.09.06.01_=Travel_PoIicy.doc Page 700 of 1906 1 1 1 RESOLUTION NO. R 07- 15� 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 ESTABLISHING A TRAVEL POLICY; RESCINDING 6 ALL PREVIOUS RESOLUTIONS AND POLICIES 7 GOVERNING TRAVEL BY THE CITY COMMISSION; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach desires to establish 11 a travel policy to provide for an administrative process by which each member of the 12 Commission would obtain concurrence of a majority of the members of the City Commission 13 for approval of travel expenditures; and 14 WHEREAS, passage of this Resolution will rescind all previous Resolutions and 15 policies governing travel by the City Commission; 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 18 Section 1. The foregoing "WHEREAS" clauses are true and correct and 19 hereby ratified and confirmed by the City Commission 20 Section 2. That the City Commission of the City of Boynton Beach does hereby 21 establish a Travel Policy, a copy of which is attached hereto as Exhibit"A". 22 Section 3. That any and all previous Resolutions and/or Policies governing travel 23 are rescinded. 24 Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 701 of 1906 it 1 PASSED AND ADOPTED this 18 day of December, 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 or—Je aylo 7 8 !, 9 Vice M r—J odli ez 10 11 • 12 Commis'�sioner—Ronald Wei an 13 14 c 15 Commissioner—Woo . Hay 167 18 Commissioner—Marlene Ross 19 ATTEST: 20 21 p � . 22 ol 23 Jaiiph M. Prainito, CMC 24 y Clerk 25 26 27 28 (C Sear 29 30 SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 702 of 1906 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1 . Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 703 of 1906 City of Boynton Beach City Commission Gt�IVFE�t��E=�&°�'�tA1��F�ECt' ��►T Date of Request: 2008 City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: Date NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 704 of 1906 6.F. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-095-Authorize the City Manager to sign a security agreement and Addendum concerning Student Information between The School Board of Palm Beach County and the City of Boynton Beach to provide police officers at designated 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 BBPD detail officer at Boynton Beach High School and Congress Middle School. Fiscal Impact: The BBPD 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 Application: Is this a grant? No Grant Amount: Attachments: Page 705 of 1906 Type Description D Resolution Resolution approving Security Agreement and Addendum with PBC for Officers D Agreement Security Agreement D Addendum Addendum concerning student information Page 706 of 1906 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A SECURITY AGREEMENT AND 6 ADDENDUM CONCERNING STUDENT INFORMATION 7 BETWEEN THE CITY OF BOYNTON BEACH AND THE 8 SCHOOL BOARD OF PALM BEACH COUNTY TO PROVIDE 9 LAW ENFORCEMENT AGENCY OFFICERS AT SCHOOLS 10 WITHIN BOYNTON BEACH WHILE THE SCHOOL 11 DISTRICT WORKS TO HIRE ADDITIONAL FULL-TIME 12 SCHOOL POLICE OFFICERS; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, in light of the Marjory Stoneman Douglas High School tragedy and 17 the enactment of amendments to Florida Statute 1006.12 Safe-school officers at each public 18 school on March 9, 2018, it is the intent of both parties to work collaboratively to ensure a 19 law enforcement presence at each District-operated Palm Beach County school; and 20 WHEREAS, the City of Boynton Beach commits to providing Law Enforcement 21 Agency Officers at schools, through the use of extra duty assignments, while the School 22 District of Palm Beach County Police Department works to hire additional full-time school 23 police officers to staff a minimum of one school police officer at every non-charter District- 24 operated school; and 25 WHEREAS,the agreement is temporary in nature until the school district can hire 26 full-time officers. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 28 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. S:ACA\RESO\Agreements\Agreement With PBC School Board For Security(202 1) -Reso.Docx Page 707 of 1906 33 Section 2. The City Commission approves and authorizes the City Manager to 34 sign a Security Agreement and Addendum regarding Student Information between the City 35 of Boynton Beach and the School Board of Palm Beach County, Florida to provide Law 36 Enforcement Agency Officers at schools within Boynton beach while the School District 37 works to hire additional full-time school police officers, a copy of the Agreement and 38 Addendum are attached hereto as Exhibit"A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 3rd day of August, 2021. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor— Steven B. Grant 46 47 Vice Mayor—Woodrow L. Hay 48 49 Commissioner—Justin Katz 50 51 Commissioner—Christina L. Romelus 52 53 Commissioner—Ty Penserga 54 55 56 VOTE 57 ATTEST: 58 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) S:ACA\RESO\Agreements\Agreement With PBC School Board For Security(202 1) -Reso.Docx Page 708 of 1906 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 2021, 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 principal place of business 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 2021, 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 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 disputed, subject to adjustment when the dispute is resolved. If the dispute is not resolved 1 Page 709 of 1906 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. 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 that 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 judgment 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, loitering, trespass, 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. 2 Page 710 of 1906 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). 8. The Law Enforcement Agency is responsible for conducting response to resistance 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 that 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. 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. 3 Page 711 of 1906 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 B. 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 August 1, 2021, or upon signature of both parties, and expire two (2) years thereafter on July 31, 2023, 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. 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 4 Page 712 of 1906 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: Michael Burke, Superintendent 3300 Forest Hill Blvd., Suite C-316 West Palm Beach, Florida 33406 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 C-110 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: Shawntoyia Bernard, 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 5 Page 713 of 1906 School Board of Palm Beach County, for loss, damage or injury within the scope of Law 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 City. PBCSD hereby waives any right to subrogation against the City 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 City. 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 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. 6 Page 714 of 1906 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 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. 7 Page 715 of 1906 REMAINDER OF PAGE LEFT BLANK 8 Page 716 of 1906 FOR THE SCHOOL BOARD OF PALM BEACH FOR THE CITY OF BOYNTON BEACH COUNTY, FLORIDA BY: BY: Frank A. Barbieri Jr., Chairman Date Lori LaVerriere Date City Manager BY: Michael J. Burke Date Superintendent of Schools or Designee SUBMITTED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY AS TO CITY Daniel C. Alexander Date City Attorney James A. Cherof Date School Police Department Chief of Police APPROVED AS TO FORM AND LEGAL SUFFICIENCY AS TO THE SCHOOL BOARD Office of General Counsel Date Attest BY: Crystal Gibson, MPA, MMC, City Clerk Date EXHIBIT A— RATE SCHEDULE EXHIBIT B — PBSD FORM 2220 Contract/Agreement Addendum Concerning Student Information 9 Page 717 of 1906 EXHIBIT A RATE SCHEDULE Hourly cost of LEO's provided by City to PBCSD: $110.00 10 Page 718 of 1906 ctii°ot°j� THE SCHOOL DISTRICT OF PALM BEACH COUNTY Contract/Agreement Addendum , tro Concerning Student Information ADDENDUM,Concerning Student Information,to the Contract/Agreement("the Contract")dated, between the school (named below)or The SchoolBoard of Palm Beach County, Florida (named below)and Vendor/Partner(named below). School or School Board The School Board of Palm Beach County,Florida Vendor or Partner City of Boynton Beach,Florida Pursuant to School Board Policy 5.50, receipt of which is acknowledged by the Vendor's/Partner's signature below, the School Board of Palm Beach County, Florida (the"School Board")hereby designates[vendorlpartner] ("the Receiving Party")as an "other school official"for the purpose of receiving limited personally identifiable information from education records of students under the Family Education Rights and Privacy Act(20 U.S.C. s. 1232g) and 34 C.F.R.s.99.31(a)(1)(i)(B), and sections 100222 and 1002.221, Florida Statutes,because the School Board recognizes the Receiving Party has a legitimate educational interest in receiving this information in order to fulfill the Receiving Party's responsibilities for the school or School Board under the Contract.(All other terms of the Contract remain the same.) As a condition precedent to receiving personally identifiable information from education records of students, the Receiving Party warrants and agrees that the Receiving Party: 1. will limit the use of, or access to, personally identifiable information from education records of students to the limited scope of information actually needed to complete the Receiving Party's duties and/or services under the Contract. The School Board has determined that the Receiving Party has a legitimate educational interest in receiving only the following fields of student data, for example: name, grade-level, school attending, etc. (indicate fields of data requesting below);and Name,grade-level, school attending,disciplinary information and other identifiable information as necessary to provide the services under this Agreement,as determined by the School Board. 2. will limit the access to personally identifiable information from education records of students to its employees and/or agents who actually have a legitimate educational interest in the information (i.e., they legitimately need to access the information in order to fulfill the Receiving Party's responsibilities under the Contract);and 3, shall avoid, and shall instruct applicable employees/agents to avoid, accessing personally identifiable information from education records of students, except for the legitimate purposes recognized under this Addendum, and shall require that all employees/agents accessing the data must be trained in,and sign an acknowledgement regarding,the confidentiality requirements; and 4. is under the direct control of the School Board with respect to the use and maintenance of education records; and 5, is subject to the requirements of 34 C.F.R. s. 99.33(x)governing the use and redisclosure of personally identifiable information from an education record of a student, meaning the Receiving Party may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student as those terms are defined in 34 C.F.R.s. 99.3, and the officers, employees, and agents of a party that receives information from the Receiving Party may use the information, subject to the limitations described in paragraph 2 above, but only for the purposes for which the disclosure was made;and 6. shall not use any of the personally identifiable information from education records of students that is received pursuant to this Addendum in violation of any applicable federal or state law, rule,regulation,or School Board policy;and 7, will store and process personally identifiable information from education records of students in accordance with industry best practices. This includes appropriate administrative, physical„ and technical safeguards to secure personally identifiable information from unauthorized access, disclosure, and use, Receiving Party will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Receiving Party will also have a written incident response plan, to include prompt notification of the School Board in the event of a security or privacy incident, as well as best practices for responding to a breach of personally identifiable information. Receiving Party agrees to share its incident response plan with the School Board upon request;and 8, will dispose of all information disclosed to it by the school or the School Board (and any copies thereof), after the purpose for which the information is disclosed has been served, or five years after the receipt of the information (whichever is sooner), by shredding paper documents finely enough to prevent possible recovery of information, and by totally erasing and over-writing (or physically destroying) any electronic media such as computer files,tapes,or diskettes,unless the information in the possession of the Receiving Party constitutes a"record copy"required to be retained by the School District's Records Retention Schedule (available online at the District's Records Management website, hup.11 www.palmbeachschools.org/records/), in which case the Receiving Party will return the information to the School Board rather than disposing of it. The parties acknowledge that the terms contained in this Addendum supersede any inconsistent terms in the Contract, IN WITNESS WHEREOF, the parties hereto have executed this Addendum: Legal Name of the Receiving Party The School (VendorlPartner) City of Boynton Beach,Florida The School Board of Palm Beach County,Florida Vendor or Partner For the School Board of Palm Beach County, Florida Signature of person having authority to enter Date Signature of person having authority to enter legally bate legally binding agreements on behalf of Receiving binding agreements on behalf of the School or The Party. School Board of Palm Beach County, Florida. PBSP 2220(Rev.1 1 11 7120 1 5) ORIGINAL attach to contract Exhibit# 6.G. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-096-Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Isaias between the City of Boynton Beach and State of Florida, Division of Emergency Management. Explanation of Request: To be eligible to receive disaster relief funding through the Federal Emergency Management Agency (FEMA), the agreement must be executed with the State of Florida because all federal disaster relief funding is distributed to the State then passed on to local municipalities who qualify. The Florida Public Assistance program is funded by a federal grant to aid state and local governments in returning a disaster area to pre- disaster conditions. A major disaster declaration designated FEMA-3533-EM-FL for the State of Florida as a result of Hurricane Isaias. The City anticipates receiving approximately $20,100 from FEMA for costs incurred as a result of Hurricane Isaias. This initial funding agreement may be followed by additional amendments as FEMA finishes the review process. How will this affect city programs or services? By executing the agreement, the City is eligible to receive Federal and State of Florida financial assistance for cost incurred due to Hurricane Isaias. Fiscal Impact: Expenditures that occurred as a result of Hurricane Isaias may be eligible for federal financial assistance. A minimum of 75% of eligible costs are provided, primarily for staff labor cost. State and Local participation is 12.5% (each) of eligible costs. Overall the City anticipates receiving approximately $20,100 from for costs associated with Hurricane Isaias. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 720 of 1906 Attachments: Type Description D Resolution Resolution approving Disaster Funding Agreement with F E MA D Addendum Hurricane Isaias Funding Agreement Page 721 of 1906 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 CITY MANAGER TO SIGN A DISASTER RELIEF 6 FUNDING AGREEMENT FOR FEDERAL AND STATE 7 ASSISTANCE FOR HURRICANE ISAIAS BETWEEN 8 THE CITY OF BOYNTON BEACH AND THE STATE OF 9 FLORIDA, DIVISION OF EMERGENCY 10 MANAGEMENT; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS,a major disaster declaration has been designated FEMA-3533-EM-FL for 14 the State of Florida as a result of Hurricane Isaias; and 15 WHEREAS, The City anticipates receiving approximately $20.1K from FEMA for 16 costs incurred as a result of Hurricane Isaias; and 17 WHEREAS, to be eligible to receive disaster relief funding through the Federal 18 Emergency Management Agency, (FEMA),the agreement must be executed with the State of 19 Florida since all federal disaster relief funding is actually distributed to the State and then 20 passed down on to local municipalities who qualify; and 21 WHEREAS,upon recommendation of staff, the City Commission has determined 22 that it is in the best interests of the residents of the City to enter into a Disaster Relief Funding 23 Agreement between the City of Boynton Beach and the State of Florida, Division of 24 Emergency Management for assistance with Hurricane Isaias. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 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. S:ACA\RESO\Agreements\Disaster Relief Funding Agreement(Hurricane Isaias)-Reso.Docx Page 722 of 1906 31 Section 2. The City Commission hereby approves and authorizes the City 32 Manager to sign a Disaster Relief Funding Agreement for Federal and State assistance for 33 Hurricane Isaias between the City of Boynton Beach and the State of Florida, Division of 34 Emergency Management, a copy of the Agreement is attached hereto as Exhibit"A" 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 3rd day of August, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Woodrow L. Hay 44 45 Commissioner—Justin Katz 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 52 VOTE 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 62 (Corporate Seal) S:ACA\RESO\Agreements\Disaster Relief Funding Agreement(Hurricane Isaias)-Reso.Docx Page 723 of 1906 Agreement Number: Z2527 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non-Federal entity that provides a subaward to a Subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Subrecipient" means "a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R.§200.92, "subaward" means"an award provided by a pass-through entity to a Subrecipient for the Subrecipient to carry out part of a Federal award received by the pass-through entity." The following agreement is made and information is provided pursuant to 2 C.F.R. §200.331(a)(1): Subrecipient's name: Boynton Beach, City of Subrecipient's unique entity identifier: 072247133 Federal Award Date: 8/1/2020 Subaward Period of Performance Start and End Date(Cat A-B): 7/31/2020 to 2/1/2021 Subaward Period of Performance Start and End Date(Cat C-G): N/A Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Subrecipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Subrecipient by the pass-through entity: Federal award project description (see FFATA): Grant to Local Government for Debris removal, emergency Protective measures and repair or Replacement of disaster damaged facilities. Name of Federal awarding agency: Dept. of Homeland Security(DHS) Federal Emergency Management Agency F( EMA) Name of pass-through entity: Florida Division of Emergency Management(FDEM) Contact information for the pass-through entity: 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance (CFDA) Number and Name: Indirect cost rate for the Federal award: See by 44 C.F.R. 207.5(b)(4) 1 Page 724 of 1906 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Boynton Beach, City of (hereinafter referred to as the "Subrecipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Subrecipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Subrecipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The Subrecipient, by its decision to participate in this grant program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency, or any other State and Federal agencies with audit, regulatory, or enforcement authority; C. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Subrecipient upon the terms and conditions outlined below; D. The Division, as the pass-through entity and fiduciary of such Federal funding, reserves the right to demand that the Subrecipient comply with all applicable State and Federal laws, regulations and policies, terminate reimbursements and take any and all other actions it deems appropriate to protect those funds for which it is responsible, including debt collections; and E. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Subrecipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account forthe Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. Performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Subrecipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Subrecipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Subrecipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. 2 Page 725 of 1906 V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Subrecipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Subrecipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B to this Agreement ("Scope of Work, Deliverables, and Financial Consequences"). Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Subrecipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Subrecipient performance; and, ii. Review and document all deliverables for which the Subrecipient requests payment. b. The Division's Grant Manager for this Agreement is: Name Kim Schoffel Title Program Supervisor Bureau of Recovery Address Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Telephone: (850) 815-4448 Email: Kim.SchoffeIP-em.mvflorida.com c. The name and address of the Representative of the Subrecipient responsible for the administration of this Agreement is: Name: Address: Telephone: Email: d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing via letter or electronic email. It is the Subrecipient's responsibility to authorize its users in the Recipient's grants management system. Only the Authorized or Primary Agents identified in Attachment D to this Agreement ("Designation of Authority") may authorize addition or removal of agency users. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. 3 Page 726 of 1906 (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Subrecipient shall perform the work in accordance with Attachment A to this Agreement ("Budget and Project List"). (8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE The Period of Agreement establishes a timeframe for all Subrecipient contractual obligations to be completed. This agreement will begin upon execution by both parties and shall end upon closeout of the Subrecipient's account for this disaster by the Federal Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. The Period of Performance is the timeframe during which the Subrecipient may incur new obligations to carry out the work authorized under this Agreement. In accordance with 2 C.F.R. §200.309, the Subrecipient may receive reimbursement under this Agreement only for allowable costs incurred during the period of performance. In accordance with section 215.971(1)(d), Florida Statutes, the Subrecipient may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specified agreement period. The C.F.R. requirement is more restrictive and will take precedence over the State requirement. The period of performance for this agreement begins with the first day of the Incident Period for the disaster applicable to the agreement and ends six (6) months from the date of declaration for Emergency Work (Categories A & B), unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement or extended in accordance with Attachment G to this Agreement("Public Assistance Program Guidance"). If any extension request is denied by the Recipient, or is not sought by the Subrecipient, reimbursement is only available for eligible project costs incurred up to the latest approved extension. Failure to complete a project is adequate cause for the termination of funding for that project and requires reimbursement to the Recipient of any and all project costs. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Subrecipient for EM-3533— Hurricane Isaias. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. Pursuant to section 252.37, Florida Statutes, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for 4 Page 727 of 1906 matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. The affected Local government shall be required to provide one-half of the required match prior to receipt of such financial assistance. d. The Executive Office of the Governor may approve a waiver, subject to the requirement for legislative notice and review under section 216.177, Florida Statutes, of all or a portion of the required match for public assistance projects for Local governments if the Executive Office of the Governor determines that such a match requirement cannot be provided, or that doing so would impose a documented hardship on the Local government, and if the Local government applies for the waiver within the first 18 months after the disaster is declared. e. The Division will reimburse the Subrecipient only for allowable costs incurred by the Subrecipient. The Recipient will provide funds on a cost reimbursement basis to the Subrecipient for eligible activities approved by the Recipient and the Federal Awarding Agency,as specified in Attachment A of this Agreement("Budget and Project List"), which also outlines the maximum reimbursement amount for each deliverable. f. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Subrecipient,which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." The Subrecipient must complete Attachment "D" by designating at least three agents to execute any Requests for Reimbursement, certifications, or other necessary documentation on behalf of the Subrecipient. After execution of this Agreement,the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. g. In the event the Subrecipient contacts have not been updated regularly and all three (3) Agents have separated from the Subrecipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from the grants management system may not be received and could result in failure to meet time periods to appeal a Federal determination. h. The Division will review all requests for reimbursement by comparing the documentation provided by the Subrecipient in the grants management system against a performance measure, outlined in Attachment A of this Agreement ("Budget and Project List"), that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. i. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as, "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301,that the Division and the Subrecipient "relate financial data to performance accomplishments of the Federal award." j. If authorized by the Federal Awarding Agency, then the Division will reimburse the Subrecipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If authorized by the Federal Awarding Agency, and if the Subrecipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services 5 Page 728 of 1906 provided by employers to their employees as compensation in addition to regularsalaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Subrecipient- Employee agreement, or an established policy of the Subrecipient in affect at the time of the disaster event. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job,such as for annual leave, family-related leave,sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. k. If authorized by the Federal Awarding Agency, then the Division will reimburse the Subrecipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Subrecipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes (at the time of the execution of this agreement: $6 for breakfast, $11 for lunch, and $19 for dinner), then the Subrecipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Subrecipient in its regular operations as a result of the Subrecipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. I. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Subrecipient. m. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit or applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Subrecipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such 6 Page 729 of 1906 documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: i. If any litigation, claim, or audit is started before the expiration of the five (5)-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Subrecipient is notified in writing by the Federal Awarding Agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal Awarding Agency or pass- through entity, the (five) 5-year retention requirement is not applicable to the Subrecipient. V. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement,the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal Awarding Agency must request transfer of certain records to its custody from the Division or the Subrecipient when it determines that the records possess long- term retention value. e. In accordance with 2 C.F.R.§200.335,the Division must always provide or accept paper versions of Agreement information to and from the Subrecipient upon request. If paper copies are submitted,then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be 7 Page 730 of 1906 substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303,the Subrecipient shall take reasonable measures to safeguard protected personal identifiable information and other information the Federal Awarding Agency or the Division designates as sensitive or the Subrecipient considers sensitive consistent with applicable Federal, State, Local, and Tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, three (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Subrecipient based upon the funds provided under this Agreement, the meetings of the Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the State and Local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency), in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge, qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of Attachments A and B to this Agreement ("Budget and Scope of Work" and "Program Statutes and Regulations" respectively), and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, 8 Page 731 of 1906 Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Subrecipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Subrecipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Subrecipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Subrecipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Subrecipient of such non-compliance. e. The Subrecipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Subrecipient's fiscal year. f. The Subrecipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Subrecipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Subrecipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.htmi h. The Subrecipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 9 Page 732 of 1906 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Subrecipient shall provide the Division with quarterly reports and any applicable close-out reports. These reports shall include the current status and progress by the Subrecipient and, as applicable, all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. s j,)rl•sN, 1{1 1,74,,rt It} ,7j I�) it}„s flj ill}} +1 ( i i f1 t1 7t �}i}}S!/t9sii 1�77f f4�rs lir}I{)�. 17 fi} (}tsiltil s,"„i. 1�},`I�i,ill5�jtlt}, ti IU sl}S,Ii i,r�, It lu)1}t ' 1411 {z�;d311i1{ 1 tr i}� ,1U sl:,if} ,ipit,111 71 111 71,1117'1,t, r +Ili,. ,y(I,tyf 14 l,),,' „i 1:,4 i<c,,i`ii t it1 qvy,? �y s i}ii,``�'rss�1�S�1�1�1i1iLi1iLi1iLi1iLi1i4it,,`h�t�r.rtiiv1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1 !w,l`rrirllt}�5�1�1�1s1�1s1�1s1�1�1�1�1�1s1�1�1�1s1�1s1�1�1u Quarter 1 (Q1) October 1 — December 31 January 15 Quarter 2 (Q2) January 1 — March 31 April 15 Quarter 3 (Q3) April 1 — June 30 July 15 Quarter 4 (Q4) July 1 — September 30 October 15 b. Quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The closeout report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division” means that the work product was completed in accordance with Attachment A to this Agreement ("Budget and Project List"). e. The Subrecipient shall provide additional program updates or information that may be required by the Division. f. The Subrecipient shall provide additional reports and information as required by the Federal Awarding Agency or the Division. (13) MONITORING a. The Division shall monitor the performance of the Subrecipient under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement ("Budget and Project List") and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope reviews, and/or other procedures. The Subrecipient agrees to comply and 10 Page 733 of 1906 cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Division to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Subrecipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Subrecipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Subrecipient is solely responsible to parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Subrecipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Subrecipient which is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent ortortious acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subrecipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies as set forth in Paragraph (16); however,the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Subrecipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Subrecipient at any time during the term of this Agreement, and the Subrecipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or d. The Subrecipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) days of providing written notice to the Subrecipient and upon the Subrecipient's failure to cure within those thirty(30) days, exercise any one or more of the following remedies, either concurrently or consecutively: 11 Page 734 of 1906 a. Terminate this Agreement, provided that the Subrecipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3) herein. b. Begin an appropriate legal or equitable action to enforce performance of this Agreement. c. Withhold or suspend payment of all or any part of a request for payment. d. Require that the Subrecipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. Request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question; or iv. Require the Subrecipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Subrecipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Subrecipient. (17) TERMINATION a. The Division may terminate this Agreement for cause after thirty(30)days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Subrecipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Subrecipient with thirty (30) days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Subrecipient will not incur new obligations for the terminated portion of the Agreement after the Subrecipient has received the notification of termination. The Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient shall not be relieved of liability to the Division because of any breach of Agreement by the Subrecipient. The Division may, to the extent authorized by law, withhold payments to the Subrecipient for the purpose of set-off until the exact amount of damages due the Division from the Subrecipient is determined. 12 Page 735 of 1906 (18) PROCUREMENT a. The Subrecipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, to include 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). Additional requirements, guidance, templates and checklists regarding procurement may be obtained through the FEMA Procurement Disaster Assistance Team. Resources found here: https://www.fema.gov/grants/procurement. b. If the Subrecipient contracts with any contractor or vendor for performance of any portion of the work required under this Agreement, the Subrecipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Division, its employees and/or their contractors, and the Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. c. The Subrecipient shall monitor and document, in the quarterly report, the contractor's progress in performing its work on its behalf under this Agreement in addition to its own progress. d. The Subrecipient shall ensure all contracts conform to sections §287.057 and §288.703, Florida Statutes, as applicable. e. The Subrecipient may request guidance concerning procurement activity from the Division but shall also use its own judgment to determine compliance with all applicable rules and statutes. (19) PAYMENTS a. Requests for Reimbursement (RFR) serve as invoices for the purposes of section 215.422, Florida Statutes and shall include the supporting documentation for all costs of the project or services in detail sufficient for a proper pre-audit and post-audit thereof. The final RFR shall be submitted within thirty (30) days after the expiration date of the agreement or completion of applicable Project, whichever occurs first. b. Any advance payment made under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account unless otherwise governed by a program specific waiver. If an advance payment is requested, the budget data upon which the request is based, and a justification statement shall be submitted by completing Attachment K of this Agreement ("Justification of Advance Payment"). The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division's Cashier within thirty (30) days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. c. If the necessary funds are not available to fund this Agreement,as a result of action by the United States Congress, the Federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Subrecipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. 13 Page 736 of 1906 (20) REPAYMENTS a. All refunds or repayments due to the Division under this agreement are due no later than thirty (30) days from notification by the Division of funds due. b. As a condition of funding under this Agreement, the Subrecipient agrees that the Recipient may withhold funds otherwise payable to the Subrecipient from any disbursement to the Recipient, by the Federal Awarding Agency or any other source, upon a determination by the Recipient or the Federal Awarding Agency that funds exceeding the eligible costs have been disbursed to the Subrecipient pursuant to this Agreement or any other funding agreement administered by the Recipient. The Subrecipient understands and agrees that the Recipient may offset any funds due and payable to the Subrecipient until the debt to the State is satisfied. In such event, the Recipient will notify the Subrecipient via the entry of notes in its grants management system. c. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", must include the invoice number and the applicable Disaster and Project number(s)that are the subject of the invoice, and be mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 d. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection,the Subrecipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft; whichever is greater. (21) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of the said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Subrecipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Subrecipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Subrecipient agrees to comply with the Americans with Disabilities Act(Public Law 101-336, 42 U.S.C. Section 12101 et seg.),which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications. 14 Page 737 of 1906 e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list 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 a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Subrecipient which receives funds under this Agreement from the Federal government, certifies, to the best of its knowledge and belief, that it and its principals or affiliates: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded or disqualified from covered transactions by a Federal department or agency; ii. Have not, within a five (5)-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under 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; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any offenses enumerated in paragraph (23) f. ii. of this certification; and, iv. Have not,within a five (5)-year period preceding this Agreement, had one or more public transactions (Federal, State or Local)terminated for cause or default. g. If the Subrecipient is unable to certify to any of the statements in this certification, then the Subrecipient shall attach an explanation to this Agreement. h. In addition, the Subrecipient shall send to the Division (by email to the assigned grant manager) the completed Attachment C of this Agreement ("Certification Regarding Debarment") for the Subrecipient and a screenshot reflecting such self-check via the Federal System for Award Management (SAM) clearinghouse through the website www.sam.aov. Subrecipient shall also perform this check for any and all intended contractor or subcontractor for which Subrecipient plans to fund under this Agreement. A screenshot of the clearinghouse results for each intended contractor or subcontractor should be maintained by the Subrecipient and provided to the Division upon request. The check must be completed before the Subrecipient enters into a contract covering the scope of work outlined in the PWs with any contractor or subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Subrecipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Subrecipient created or received under this Agreement. j. Subject to the provisions of 2 C.F.R. §200.305, the Subrecipient must temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. k. The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act("INA")]. The Division shall consider 15 Page 738 of 1906 the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subrecipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. This provision is only applicable to subrecipients receiving a state cost share. m. The Division may, at its option,terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List orthe Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (22) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. d. The Subrecipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, 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, the 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. ii. If any funds other than 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, loan or cooperative agreement,the Subrecipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. iii. The Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. 16 Page 739 of 1906 iv. 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 into 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. V. The Subrecipient and its Contractors shall sign Attachment J — Certification Regarding Lobbying. (23) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUBRECIPIENT TO THE STATE OF FLORIDA. a. If the Subrecipient has a pre-existing patent or copyright, the Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Subrecipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Subrecipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (25) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Subrecipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Subrecipient shall become the sole property of the Subrecipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully-paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Subrecipient, under this Agreement, for Florida government purposes. (24) LEGAL AUTHORIZATION The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient also certifies that the undersigned person has the authority to legally execute and bind Subrecipient to the terms of this Agreement. 17 Page 740 of 1906 (25) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, 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, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractorwill send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or 18 Page 741 of 1906 understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that 19 Page 742 of 1906 if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. C. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (26) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers,then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (27) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 20 Page 743 of 1906 (28) SUSPENSION AND DEBARMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (29) BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (30) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following affirmative steps to 21 Page 744 of 1906 assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub- Recipient must take;the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (31) NONDISCRIMINATION BY CONTRACTORS Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Subrecipient must undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. The Subrecipient is also subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R. § 17. (32)ASSURANCES The Subrecipient shall comply with any Statement of Assurances incorporated as Attachment E to this Agreement ("Statement of Assurances"). (33) DUPLICATION OF BENEFITS PROHIBITED a. The Subrecipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Subrecipient receive any other duplicate benefits from any source whatsoever. b. The Subrecipient agrees to reimburse the Recipient if it receives any duplicate 22 Page 745 of 1906 benefits,from any source,for any damage identified on the applicable Project Worksheets,for which the Subrecipient has received payment from the Recipient. c. The Subrecipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. d. In the event the Recipient determines the Subrecipient has received duplicate benefits, the Subrecipient gives the /Recipient the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Subrecipient, and to use such remedies as may be available administratively or at law to recover such benefits. (34)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 —Funding Sources ii. Attachment A— Budget and Project List iii. Attachment B—Scope of Work, Deliverables, and Financial Consequences iv. Attachment C—Certification Regarding Debarment V. Attachment D— Designation of Authority vi. Attachment E—Statement of Assurances vii. Attachment G—Public Assistance Program Guidance viii. Attachment H— Federal Funding Accountability and Transparency Act (FFATA) Reporting ix. Attachment I —Mandatory Contract Provisions X. Attachment J—Certification Regarding Lobbying A. Attachment K—Justification for Advance Payment 23 Page 746 of 1906 Agreement Number: Z2527 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUBRECIPIENT: Boynton Beach, City of By: (Signature) Name: Title: Date: FEIN# vv vvvv�v� STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Jared Moskowitz, Director Date: 24 Page 747 of 1906 EXHIBIT— 1 FUNDING SOURCES THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUBRECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: $ THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 44 C.F.R. Part 206 • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • FEMA Public Assistance Program and Policy Guide, 2018 V3.1- effective for all emergencies and major disasters declared on or after August 23, 2017. o Link here: https://www.fema.gov/media-library/assets/documents/111781 Federal Program: 1. Subrecipient is to use funding to perform eligible activities in accordance with the Stafford Act, FEMA Public Assistance Program and Policy Guide, 2018 V3.1 and approved Project Worksheet(s) (PW). Eligible work is classified into the following categories: Emergency Work Category B: Emergency Protective Measures 2. Subrecipient is subject to all administrative and financial requirements as set forth in this Agreement or will be in violation of the terms of the Agreement. 25 Page 748 of 1906 � $ 2 E E a { § LU 22 0 § 0 a » $ k E v » co 0).- C: CL 0 % 7 a E ± 0 I_ ) 7 @ 9§ » » wo 3 2E S ƒ � & » .0 3 > )2 0 =L � 0 ) � m 3n U) \ ] U ° a@ 2 0 -0 0 § CD � m ) « 2 / 0 2 © % CO k 2 >Nx q k k � ¥ § /I@ 2 » m CD / / k CU f §CU / f / ) � E ® � U- .. � .A 2 5 2 % I .E of E § -6f a) _0 E cu / 2 » 2 .� .G/ ® C: 7 2 ƒ 2 a @ ® 0)< G m ± � 3L2 X00 -0 0 .. m n � m .0 J k 2^ Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work FEMA has sole authority for determining eligibility of project activities and associated costs. The Subrecipient is required to complete all eligible Projects and submit appropriate supporting documentation for all work and costs, as approved by FEMA. When FEMA has obligated funding for a Subrecipient's PW, the Division notifies the Subrecipient with a copy of the PW(or P2 Report). Budget and Project List—Attachment A of this Agreement will be modified quarterly,as necessary, to incorporate new PWs or PW versions. For the purpose of this Agreement, each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Deliverables For the purposes of this agreement, each project will be a standalone deliverable but may be compensated incrementally based on the Subrecipient's expenditures. The required performance level is satisfactory completion of the project as identified in the Scope of Work, the approved PW, and subsequent PW versions, if applicable. Large Project Deliverables— Reimbursement requests will be submitted separately for each Large Project. Any request for reimbursement shall provide adequate, well organized and complete source documentation to support all costs related to the Project. Requests and associated documentation which do not conform will be returned to the Subrecipient priorto acceptance for payment. Reimbursement up to 100% of the total eligible amount will be paid upon acceptance and is contingent upon: • Timely submission of Quarterly Reports (due fifteen (15) days after end of each quarter). • Timely submission of invoices (Requests for Reimbursement) and supported by documentation for all costs of the project or services in detail sufficient for a proper pre-audit and post-audit thereof. The final invoice shall be submitted within sixty (60) days after the expiration of the agreement or completion of the project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division's as in ownership of the Grant Manager as part of the Subrecipient's quarterly reporting as referenced in Paragraph 7 of this agreement. Adjustments to the invoicing schedule must be approved in advance in writing by the Division's Grant Manager. • Timely submission of Request for Final Inspection (within ninety (90) days of project completion —for each project). Small Projects Deliverables— Small projects will be paid upon obligation of the Project Worksheet and execution of the subgrant agreement. The Subrecipient must initiate the Small Project Closeout in the grants management system within thirty (60) days of completion of the project work, or no later than the period of performance end date. Small Project Closeout is initiated by logging into the grants management system, selecting the Subrecipient's account, then selecting `Create New Request', and selecting `New Small Project Completion/Closeout'. Complete the form and `Save'. The final action is to advance the form to the next queue for review. Financial Consequences 2 CFR 200.338 and Section 215.971, Florida Statutes, requires the Division, as the recipient of Federal funding, to apply financial consequences, including withholding a portion of funding up to the full amount in the event that the Subrecipient fails to be in compliance with Federal, State, and Local requirements, or satisfactorily perform required activities/tasks. For any Project(PW)that the Subrecipient fails to complete in compliance with Federal,State and Local requirements, the Division shall withhold a portion of the funding up to the full amount until such compliance is either ultimately obtained or the project is deobligated by FEMA and/or withdrawn. The Division shall apply the following financial consequences in these specifically identified events: 27 Page 750 of 1906 Work performed outside the Period of Performance— Based on 2 C.F.R. Section §200.309, a Subrecipient may be reimbursed only for eligible costs incurred for work performed within the period of performance. Costs incurred as a result of work performed outside of the period of performance will be deemed not allowable and ineligible for reimbursement by the Division as a financial consequence. If the Subrecipient does not anticipate finishing the work within the original period of performance, it must request a time extension and support that the work cannot be timely completed due to extenuating circumstances beyond the Subrecipient's control (Attachment G). Additionally, if the project is not completed within the period of performance and a time extension request was not granted,the Division will coordinate with the Federal Awarding Agency to adjust the costs obligated amount to reflect the actual allowable costs incurred during the period of performance as a financial consequence. Failure to timely submit quarterly reports— Pursuant to 2 C.F.R. Section 328, the Division is responsible for oversight of the operations of the Federal award supported activities. Section 215.971, Florida Statutes, provides the Division must monitor the activities performed under Federal awards to assure compliance with applicable Federal and State requirements and gain assurances that performance expectations are being achieved. Paragraph (12) of the subgrant agreement also requires the Subrecipient to submit a quarterly report that identifies the progress made on the project and will ata minimum include details regarding the status of all work in progress, work that has been completed, and work that has yet to begin. These reports are due to the Division no later than fifteen (15)days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. In the event that a Subrecipient fails to timely submit this quarterly report, the Division will: • Withhold $500.00 from the next approved and final payment/payable for each project not reflected on a timely submitted Quarterly Report. Failure to timely submit Requests for Final Inspection- The submission of a request for Final Inspection is due within ninety (90) days of project completion for each project. In the event a Subrecipient fails to timely Request a Final Inspection, the Division will enforce the following: • Withhold any and all final and approved payments/payables for each project for which a Request for Final Inspection is not timely submitted. o Once the Request for Final Inspection is received, such funds will be released and paid to the Subrecipient. The Division retains the right to impose financial consequences for instances of non-performance or non-compliance not specifically addressed in this section. 28 Page 751 of 1906 Attachment C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION With respect to any Subrecipient of the State, which receives funds under this Agreement from the Federal government, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions (Federal, State, or Local) terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or a contract under public transaction, or b) 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. The Subrecipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements) and that all contractors and sub-contractors must certify and disclose accordingly. The Subrecipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. By: Signature Subrecipient's Name Name and Title DEM Contract Number Street Address City, State, Zip Date 29 Page 752 of 1906 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Subrecipient's Primary Agent and Alternate Agent to access the FDEM Grants Management System in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA Funding Agreement for each disaster or emergency declaration. Subsequently,the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the State team; a note should be entered in FDEM Grants Management System if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FDEM Grants Management System as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Note: a designation of authority is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FDEM Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FDEM Grants Management System within twelve (12) hours of being notified or their account will lock them out. Each user must log in within a sixty (60) day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: "Primary Agent"—This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in FDEM Grants Management System. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed, and this contact will have full access). Block 3: "Alternate Agent"—This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed, and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management-Insurance, and Environmental-Historic). Providing these contacts is essential in the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7— 12: "Other" (Read Only Access) —There is no limit on "Other" contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read-Only" designation cannot take any action in FDEM Grants Management System. 30 Page 753 of 1906 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Bog 1: Authorized Agent(Full Access) Bog 2: Primary Agent(Full Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Bog 3: Alternate Agent(Full Access) Bog 4: Other-Finance/Point of Contact(Full Access) Agent's Name Official's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Bog 5: Other-Risk Mgmt-Insurance(Full Access) Bog 6: Other-Environmental-Historic(Full Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-grantee for the purpose of obtaining certain Grantee and Federal financial assistance under the Robert T.Stafford Disaster Relief&Emergency Assistance Act,(Public Law 93-288 as amended)or otherwise available. These agents are authorized to represent and act for the Sub-Grantee in all dealings with the State of Florida, Grantee,for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee. Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. Sub-Grantee Authorized Agent Signature Date 31 Page 754 of 1906 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Date: Bog 7: Other (Read Only Access) Bog 8: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Bog 9: Other (Read Only Access) Bog 10: Other (Read Only Access) Agent's Name Official's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Bog 11: Other (Read Only Access) Bog 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub-Grantee's Fiscal Year(FY)Start: Month: Day: Sub-Grantee's Federal Employer's Identification Number(EIN) - Sub-Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub-Grantee's: FIDS Number(If Known) - - NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover. Updates may be made by email to the state team assigned to your account. A new form will only be needed if all authorized representatives have separated from your agency.Be aware that submitting anew Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace,not 32 Page 755 of 1906 Attachment E STATEMENT OF ASSURANCES 1) The Subrecipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No.A-21,A-87,A-110,A-122,and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this Federally-assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Subrecipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities;that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Subrecipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. § 206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described forwhich Federal Assistance is requested hereunder does not, or will not,duplicate benefits available for the same loss from another source. 3) The Subrecipient further assures it will: a. Have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not, it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met, all contracts meet Federal, State, and Local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the approved plans and specifications and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is longer. f. Provide without cost to the United States and the Recipient all lands, easements and rights-of- way necessary for accomplishment of the approved work and will also hold and save the United States and the Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. Consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary,to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and, 33 Page 756 of 1906 ii. By complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. i. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: i. Create and make available documentation sufficient to demonstrate that the Subrecipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. Return the property to its natural state as though no improvements had been contained thereon; iii. Furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Subrecipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency,the Florida Department of Environmental Protection, and the appropriate County Health Department; iv. Provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. Provide supervision over contractors or employees employed by the Subrecipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. Leave the demolished site clean, level, and free of debris; vii. Notify the Recipient promptly of any unusual existing condition which hampers the contractors work; viii. Obtain all required permits; ix. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; A. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 ofthe Clean Air Act, Section 508 ofthe Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and, xii. Provide documentation of public notices for demolition activities. k. Require facilities to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Subrecipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program, if required to maintain one, where the application is for$500,000.00 or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Subrecipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs. 34 Page 757 of 1906 b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain political activities of employees of a State or Local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a workweek. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed workweek. g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for "kick-backs" of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial assistance"includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. j. Insurance requirements of Section 314, PL 93-288,to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The State's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Subrecipients and contractors. I. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead-based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act(as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the 35 Page 758 of 1906 Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non- Discrimination Regulations;and Department of Justice regulations on disability discrimination,and assure the compliance of all its Subrecipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83-352)which, in Title VI of the Act, provides that no person in the United States of America, Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subrecipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Subrecipient, this assurance shall obligate the Subrecipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Applicable provisions of the following laws and policies prohibiting discrimination: i. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on race, color, or national origin (including limited English proficiency). ii. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based on disability. iii. Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. iv. Age Discrimination Act of 1975, which prohibits discrimination based on age. v. U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs. u. Provisions of all appropriate environmental laws, including but not limited to: vi. The Clean Air Act of 1955, as amended; vii. The Clean Water Act of 1977, as amended; viii. The Endangered Species Act of 1973; ix. The Intergovernmental Personnel Act of 1970; x. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; A. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; xii. The Fish and Wildlife Coordination Act of 1958; xiii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; xiv. The provisions of the Coastal Barrier Resources Act(P.L.97-348)dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. V. The provisions of all Executive Orders including but not limited to: i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, 36 Page 759 of 1906 or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514 (NEPA). iii. EO 11738 (violating facilities). iv. EO 11988 (Floodplain Management). v. EO 11990 (Wetlands). vi. EO 12898 (Environmental Justice). For Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug-Free Workplace Act of 1988. This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Subrecipient by FEMA. The Subrecipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Subrecipient, its successors, transferees, and assignees. FOR THE SUBRECIPIENT: Signature Printed Name and Title Date 37 Page 760 of 1906 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE 1. RECIPIENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM Subrecipients must use the Recipient's web-based project management system, to access and exchange project information with the State throughout the project's life. This includes processing advances, reimbursement requests, quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Subrecipient. The Subrecipient is required to have working knowledge of the FDEM Grants Management System. 2. PROJECT DOCUMENTATION The Subrecipient must maintain all source documentation supporting the project costs.To facilitate closeout and audits, the Subrecipient should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the FDEM Grants Management System website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one (1) PW. The Subrecipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5) years from the date of the Subrecipient account closeout by FEMA. The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period expires, and extends beyond the five (5) year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at$5,000.00 or more at the time it is acquired must be retained for five (5) years after final account closeout. Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. 3. PROJECT AMENDMENTS Project Amendments may be requested by the Subrecipient, in FDEM Grants Management System, on both small and large projects, to: 1) New Time Extension; a) Requests for Time Extensions within the Subrecipient's authority b) Requests for Time Extensions not within the Subrecipient's authority 2) New Project Amendment; a) Requests for Alternate Projects b) Requests for Improved Projects c) Requests for Mitigation Opportunities d) Requests for Revised Scope of Work e) Significant Cost Variance (>20%) f) Use of Eligible Excess Funds 3) New Project Appeal a) Subrecipient Appeal i) Request First Appeal; and/or ii) Request Second Appeal; and/or 38 Page 761 of 1906 iii) Request Appeal via Arbitration. b) Project Appeal i) Large Project Appeal (1) Request First Appeal; and/or (2) Request Second Appeal; and/or (3) Request Appeal via Arbitration ii) Small Project Appeal (1) Small Project Netting 4. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the Subrecipient to certify that all work has been completed. To ensure a timely closeout process, the Subrecipient should notify the Recipient within sixty (90) days of Project completion. The Subrecipient should include the following information with its closeout request: • Certification that project is complete; • Date of project completion; and, • Copies of any time extensions. Large Projects With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that FEMA obligated based on an estimated amount; the Subrecipient should provide the documentation to support the actual costs. If the actual costs significantly differ from the estimated amount, the Subrecipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual cost. If during the review, FEMA determines that the Subrecipient performed work that was not included in the approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount, and review the additional SOW for EHP compliance. For Fixed Cost Estimate Subawards, the Subrecipient must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG and guidance provided at https://www.fema.gov/assistance/public/policy-guidance-fact-sheets and in the referenced disaster specific guidance attached hereto. Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small Project. This applies even when FEMA obligates the PW based on an estimate, and actual costs for completing the eligible SOW differ from the estimated amount. FEMA adjusts the approved amount on individual Small Projects only if one of the following conditions applies: • The Subrecipient did not complete the approved SOW; • The Subrecipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions; or • Actual insurance proceeds differ from the amount deducted in the PW. In these cases, FEMA only adjusts the specific cost items affected. 39 Page 762 of 1906 If none of the above applies,the Subrecipient may request additional funding through small project netting, known as the net small project overrun appeal. The request operates as a normal appeal, but includes all of the Subrecipient's Small Projects. The Subrecipient must send its request to the Recipient's Appeals Officer within sixty (60) days of completion of the work for the Subrecipient's last Small Project. The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. FEMA will evaluate all Small Projects and make adjustments according to any overruns or underruns for each project. FEMA will not consider requests submitted past the appeals deadline. To ensure that all work has been performed within the SOW specified on the Project Worksheets (PW),the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. For Hurricane Isaias EM#3533, projects that are under $131,100.00 are considered small projects. In coordination with FEMA, the Division will accept a self-certification of small projects in lieu of project documentation. The self-certification will require the applicant to certify that the scope of work is eligible and that the funds will be expended in accordance with State and Federal law. Once the project is obligated, the Division will reimburse the project without a request for reimbursement. 5. TIME EXTENSIONS FEMA only provides Public Assistance(PA)funding forwork completed and costs incurred within regulatory deadlines. The deadline for Emergency Work is six(6) months from the declaration date. If the Subrecipient determines it needs additional time to complete the project, including direct administrative tasks related to the project, it must submit a written request for a Time Extension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • A detailed justification for the delay; • Status of the work; and • The project timeline with the projected completion date. Within its discretion, set out by 44 C.F.R. §206.204, the Division may grant a time extension for Category B (emergency protective measures)work. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time. This applies to all projects with the exception of those projects for temporary facilities. FEMA generally considers the following to be extenuating circumstances beyond the Subrecipient's control: • Permitting or Environmental and Historic Preservation (EHP) compliance related delays due to other agencies involved; • Environmental limitations (such as short construction window); • Inclement weather(site access prohibited or adverse impact on construction); and • Lack of availability of materials, equipment, or contractors to complete work. FEMA generally considers the following to be circumstances within the control of the Subrecipient and not justifiable for a time extension: • Permitting or environmental delays due to Subrecipient delays in requesting permits; • Lack of funding; • Change in administration or cost accounting system; and/or • Compilation of cost documentation. Although FEMA only provides PA funding for work performed on or before the approved deadline, the Subrecipient must still complete the approved SOW for funding to be eligible. FEMA de-obligates funding for any project that the Subrecipient does not complete. If the Subrecipient completes a portion of the approved SOW and the completed work is distinct from the uncompleted work, FEMA only de-obligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Subrecipient restores only two of the three facilities, FEMA only de-obligates the amount related to the facility that the Subrecipient did not restore. 40 Page 763 of 1906 Time Extension requests should be submitted prior to current approved deadline, be specific to one project, and include the following information with supporting documentation: • Dates and provisions of all previous time extensions; • Construction timeline/project schedule in support of requested time; • Basis for time extension request: o Delay in obtaining permits; ■ Permitting agencies involved and application dates; o Environmental delays or limitations (e.g., short construction window, nesting seasons); ■ Dates of correspondence with various agencies; ■ Specific details; • Inclement weather (prolonged severe weather conditions prohibited access to the area, or adversely impacted construction); o Specific details; • Other reason for the delay; o Specific details. Submission of a Time Extension request does not automatically grant an extension to the period of performance. Without an approved Time Extension from the Division or FEMA (as applicable), any expenses incurred outside the Period of Performance (POP) are ineligible. 6. INSURANCE The Subrecipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace, financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Subrecipient further understands and agrees that if Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and/or other sources of funding, FEMA must de-obligate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252-253, for damaged facilities, the Subrecipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than$5,000.00. In addition to the preceding requirements,the Subrecipient understands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, "Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Subrecipient to purchase and maintain insurance,where that insurance is"reasonably available, adequate or necessary to protect against future loss"to an insurable facility as a condition for receiving disaster assistance funding. The Public Assistance Program and Policy Guide further states, "If the Subrecipient does not comply with the requirement to obtain and maintain insurance, FEMA will deny or de-obligate PA funds from the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not "reasonably available, adequate or necessary to protect against future loss" to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. The Subrecipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252-253. The Subrecipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Subrecipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Subrecipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. 41 Page 764 of 1906 7. COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS The Subrecipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Subrecipient, and any land use permitted by or engaged in by the Subrecipient, must be consistent with the local government comprehensive plan. The Subrecipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. The Subrecipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. 8. FUNDING FOR LARGE PROJECTS Although Large Project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Subrecipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of all costs and will transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts). The submission from the Subrecipient requesting this reimbursement must include: a) A Request for Reimbursement (available in the FDEM Grants Management System); b) A Summary of Documentation (SOD)which is titled Reimbursement Detail Report in the FDEM Grants Management System and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records,daily work logs, invoices, purchase orders, and change orders); and, c) The FDEM Cost Claim Summary Workbook (found in the Forms section of the FDEM Grants Management System), along with copies of original documents such as contract documents, invoices,change orders, canceled checks(or other proof of expenditure), purchase orders,etc. 9. ADVANCES 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A-87, A-110, A-122, and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest-bearing account with the interest being remitted to the Recipient as often as practicable, but not Iaterthan ten (10) business days afterthe close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA)the Subrecipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Subrecipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 5. The Subrecipient must complete a Request for Reimbursement (RFR) via the FDEM Grants Management System no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 42 Page 765 of 1906 7. The Recipient may advance funds to the Subrecipient, not exceeding the Federal share, only if the Subrecipient meets the following conditions: a) The Subrecipient must certify to the Recipient that Subrecipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; and b) The Subrecipient must submit to the Recipient the budget supporting the request. 8. The Subrecipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety (90) days after receipt of the Advance, as defined in 2 C.F.R. §200.305 and as applicable section 216.181(16), Florida Statutes; 9. The Recipient may, in its sole discretion, withhold a portion of the Federal and/or nonfederal share of funding under this Agreement from the Subrecipient if the Recipient reasonably expects that the Subrecipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Subrecipient was improper. Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment only if permissible in accordance with 2 C.F.R. § 200.305(b). Advance payments are only permissible if in compliance with 2 C.F.R. § 200.305(b), and PAAP projects are no exception. 10. DESIGNATION OF AGENT The Subrecipient must complete Attachment D by designating at least three (3) agents to execute any Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the Subrecipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Subrecipient's contacts have not been updated regularly and all three (3) Agents have separated from the Subrecipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FDEM Grants Management System may not be received and could result in failure to meet time periods to appeal a Federal determination. 11. DUNS Q&A What is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number provided by Dun &Bradstreet (D&B). The DUNS number is site specific. Therefore, each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. Who needs a DUNS number? Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement Subrecipients/prospective Subrecipients. Call the number below between 8 a.m. and 5 p.m., local time in the 48 contiguous states and speak to a D&B representative. This process will take approximately 5— 10 minutes and you will receive your DUNS number at the conclusion of the call. 1-866-705-5711 What do I need before I request a DUNS number? 43 Page 766 of 1906 Before you call D&B, you will need the following pieces of information: • Legal Name; • Headquarters name and ad dress for your organization; • Doing business as (dba) or other name by which your organization is commonly recognized; • Physical address; • Mailing address (if separate from headquarters and/or physical address); • Telephone number; • Contact name and title; and • Number of employees at your physical location. How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? New regulations taking affect Oct. 1, 2003, mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications. The DUNS number will offer a way for the Federal government to better match information across all agencies. How do I see if my institution already has a DUNS number? Call the toll-free number above and indicate that you are a Federal grant and/or cooperative agreement Subrecipient. D&B will tell you if your organization already has an assigned number. If not, they will ask if you wish to obtain one. Should we use the +4 extension to the DUNS number? Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the Federal government assign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi-campus systems? Multi-campus systems can use what is called a parent DUNS number to aggregate information for the system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS number. What should we do if our institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Are there any exceptions to the new DUNS number rules? Individuals who would personally receive a grant or cooperative agreement award from the Federal government apart from any business or non-profit organization they may operate are exempt from this requirement. Who at my institution is responsible for requesting a DUNS number? This will vary from institution to institution. This should be done by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions. Typically,this request would come from the finance/accounting department or some other department that conducts business with a large cross section of the institution. We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to be included in any marketing list. What can we do? Inclusion on a D&B marketing list is optional. If you do not want your name/organization included on this marketing list, request to be de-listed from D&B's marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone number 1-866-705-5771. If you have questions concerning this new Federal-wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at sswabCa_omb.eop.gov. 44 Page 767 of 1906 12. Substitute Form W-9 Submission and My Florida Marketplace (MFMP) Registration For the purpose of this Agreement, a Subrecipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9. The purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number (TIN), official entity name, a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue Service Form W-9. Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W-9 on file with the Department of Financial Services. Vendors are required to register and submit a Form W-9 on the State's Vendor Website at https://fivendor.myfloridacfo.com. Subrecipient must register with My Florida Marketplace utilizing myfloridamarketplace.com website concurrent with the execution of this agreement. Registration must be complete prior to returning this agreement to FDEM for execution. 13. Small,Women Owned and Minority Owned Businesses 2 CFR 200.321 requires a non-Federal entity take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. These affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1)through (5) of this section. 45 Page 768 of 1906 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE: The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on Federal awards (Federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Subaward Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management("FDEM"or"Division") must use to capture and report sub-award and executive compensation data regarding first-tier subawards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This"Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the Division prior to the Division's issuance of a subaward (Agreement)that obligates$25,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT#: FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ OBLIGATION/ACTION DATE: SUBAWARD DATE (if applicable): DUNS#: 072247133 DUNS#+4: *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** PARENT COMPANY DUNS#(if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) 46 Page 769 of 1906 Complete eligible Projects for repair or replacement of Disaster damaged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; AND, (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question 1 is "Yes,"continue to Question 2. If the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is"Yes,"move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock,stock options,and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. 47 Page 770 of 1906 iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ) Rank Total Compensation (Highest to Name for Most Recently Lowest) (Last, First, MI Title Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: 48 Page 771 of 1906 Attachment I Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix 11 to 2 C.F.R. Part 200. It is the responsibility of the sub-recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' Appendix II to Part 200—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 non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (C)Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D)Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the For example, the Davis-Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub- recipient may include the provision in its subcontracts. 49 Page 772 of 1906 Federal awarding agency. The contracts must also include a provision for compliance with the Copeland"Anti-Kickback" Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or Sub- recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or Sub-recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H)Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I)Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award of$100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place 50 Page 773 of 1906 in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See §200.323 Procurement of recovered materials. (K) See §200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See §200.322 Domestic preferences for procurements (Appendix II to Part 200, Revised Eff. 1111212020). FEMA created a PDAT Contract Provisions Template to assist non-Federal entities with drafting contracts. It is available at https://www.fema.gov/grants/procurement/resource-library Please note that the sub-recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. §200.327 and 2 C.F.R. Part 200, Appendix IT 51 Page 774 of 1906 Attachment J Certification Regarding Lobbying APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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,the 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 than 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, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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 into 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. The Subrecipient or contractor, ,certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Subrecipient/contractor's Authorized Official Name and Title of Subrecipient/contractor's Authorized Official Date 52 Page 775 of 1906 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ]ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay pending obligations for eligible work. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORY/LINE ITEMS 20_-20 Anticipated Expenditures for First Three Months (list applicable line items) of Agreement Example:PW#00001(0) Contract Work$1,500,000.00(provide detailed justification). TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term, as defined in 2 C.F.R. §200.305 and as applicable section 216.181(16), Florida Statutes. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance). 53 Page 776 of 1906 6.H. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Accept the Fiscal Year 2020-2021 Budget Status Report of the General Fund and the Utilities Fund for the nine(9)month period ended June 30, 2021, unaudited. Explanation of Request: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the nine(9) month period ended June 30, 2021 (75%of the fiscal year, unaudited). The analysis compares: Actual results for the current period to the annual budget and 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: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND FY 2020-21 FY 2019-20 FY 2021 vs.2020 Annual Budget Annual Budget Actual to DateActual to Date Budget Actual Amount % Amount % /o % Revenues&Transfers $97,685 $88,994 91% $96,437 $84,695 88% 1.33% 5.1% Expenditures $(97,685) (75,163) 77% (96,437) $(72,352) 75% 1.3% 3.9% Excess(Deficit) $- 13,831 $12,343 The General Fund chart above reflects revenue in excess of expenditures(dollars in thousand)yielding a$13.8M surplus for the unaudited period ending June 30, 2021. Revenues&Transfers(Exhibit Al—Budgeted Funding Sources: Property taxes and other revenues provide funding sources of$79.3M or 81%of our total$97.7M General Fund budget for FY 2020-21. Transfers from other funds(non-revenues) provide$18AM or 19%of the total funding sources. These three major estimated funding sources are summarized as follows: 1. 42%-$41.2M—Property taxes less Tax Increment Financing to the CRA 2. 39%-$38.1M—All other revenues plus General Fund Balance 3. 19%-$ 18AM—Transfers from other funds 100%-$97.7M—Total funding source The property tax rate for FY 2020-21 is 7.9000 mills same as the prior year and yielding net property taxes of$41.2M, which is a 6.20% increase($2.4M)over FY 2019-20. Actual Funding Sources Realized:At the end of the ninth month in FY 2020-21, revenues and transfers realized are approiamately $88.9M or 91%of the budget compared to$84.6M or 88%realized to date in FY 2019-20. The chart below presents the various categories of revenues received to date in the General Fund. FY 2020,12.1 GENERAL FUND OPERAMNG REVENUES (thru lune 30,2.02.1) HIT IF,"r.9L Fl;"Ev- TS:,M1'SFE P.S, j itt1114'jf3r fa(1 �,, tt s�ltt��i, t,'0 "1 . u ° (it)„„' Page 777 of 1906 ..ES FESR O�t ✓i ,'ss IrTE. fRW&tE- - i',2C,x.�25 3`m LK'2W5�kW3 .E;I4"ITS,57,2lJ,x,5 3" Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was$39.8M or 97%of$41.2M as compared to$37.5M or 97%of$38.8M for FY 2019-20. as noted on Exhibit A. Expenditures(Exhibit B) Budgeted Expenditures: Appropriations increased approximately 1.3% from$96AM to$97.7M. The budget increase was due to mainly cost of wage increases with public safety personnel. Actual Expenditures—General Fund expenditures are $75.1M, for the ninth month period ending June 30, which is 77% of the $97.7M adopted for FY 2020-21. Note: the CRA Tax Increment Financing and the City's annual pension obligations for General Employees, Fire, and Police were paid early in the fiscal year(Chart below shows expenditures by function. FY 2020121 GENERAL FUND OPERATING EXPENDIUTRES LEISURE SEFi I(£S, (thru June 30,2021) 57,283,955,1r,F..i.. PURr 4:3RKS, , 52,939,111,41 ' euiLcInG at_. DEVELOPMENT, 52,32E,725,3,1 The table at the top of Exhibit B shows year-to-date FY2020-21 spending levels, $75.1M, which is $2.8M ahead of the $72.3M or 75% expended in FY 2019-20 for this same period. Boynton Beach General Fund Monthly Comparison d Ftevermes9 Experrl'itures frornDcto er202ittnJune2021 i i b ,omaw 1. !i i 5Z4k S�414p� _ � �nurzc i (Say aa�ooa i - a r ; 1 ocT rvox oec rare rLe r,LaA arx mar ;Lry ;uL aLc 5EK -$flu7,919,U19 „r n UTILITY FUND The FY 2020-21 annual expenditure budget of$52.2M represents a$1.2M increase over the FY 2019-20 budget of$50.9M, see Exhibit C. FY 2020-21 FY 2019-20 FY 2021 vs.2020 Annual Budget Annual Budge Actual to DateActual to Date Budget Actual Amount % Amount % /o /o Revenues&Transfers $52,225 $38,119 73% $50,939 $37,623 74% 2.5% 1.3% Expenditures $(52,225) (31,537) 0% (50,939) (35,815) 70% 2.5% 11.9% C........../r1..fi..i4\ Q Q c rao Q Q 1 Qno Page 778 of 1906 Jr AUUca wciwiy LP- Lp v,00c I Lp Lp i,ova For the ninth month period in FY 2020-21, • Utility Revenues realized are$38.1 M(73%), see chart below. • Utility Expenditures incurred are$31.5M(60%)of the appropriated budget. This resulted in revenues in excess of expenditures, which yielded a surplus of approximately$6.51K (note: debt expense will be allocated in the 4th quarter of the fiscal year). -- -- -- ------ -- FY 2029121 Ii nUTY OPERATING REVENUES (Clhru lune M,2021). Rt i azt;;c rs;; L,ancc. n: d b 4� j Expenditures(Exhibit D)—Utility Fund FY 2020-21 expenditures to date (June 30, 2021)are$31.5M or 60% of the annual appropriation compared to expenditures of$35.8M or 70%for the prior fiscal year. The comparison of revenues and expenditures thru June is presented in the chart below. Boynton Reach uti itV Fund Fyfe nIh#'Comparison of Revenues&Expends tugs iroin October ZBZQ to June Z®Zl .3s.ome+cv I !I w,cbac� i 33.m�a rj CBCT NOV DEC JAN FEE MAR APR MAN 1UN IUL Al 5E Alternatives: Discuss this Budget Status Report or request clarification at the City Commission meeting. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Page 779 of 1906 D Addendum GF FY2021 June Financial Report Revenue D Addendum GF FY2021 June Financial Report Exp D Addendum UF FY2021 June Financial Report Revenue D Addendum UF FY2021 June Financial Report Exp Page 780Of1906 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30,2021(75%of Fiscal Year) REVENUES FY 2020-21 FY 2020-21 TO DATE FY 2019-20 FY 2019-20 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED AD VALOREM TAXES,net $ 50,558,508 $ 49,202,610 97% $ 47,501,603 46,219,633 97% LESS TIF TAXES TO CRA 9,345,700 (9,331,539) 100% 8,693,724 (8,693,724) 100% NET TAXES TO THE CITY 41,212,808 39,871,071 97% 38,807,879 37,525,909 97% LICENSES AND PERMITS BUSINESS TAXES 1,620,200 1,380,200 85% 1,701,000 1,630,777 96% BUILDING PERMITS* 200,000 2,942,076 1471% 3,017,500 2,349,154 78% FRANCHISE FEES 4,945,000 3,326,436 67% 4,720,000 3,361,047 71% OTHR LICENSES,FEES&PER 180,000 171,624 95% 180,000 173,009 96% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 50,000 25,056 50% 75,000 11,752 16% STATE SHARED REVENUES 8,223,737 6,985,125 85% 9,365,000 6,471,910 69% SHRD REV FROM OTHR LCL 245,000 193,135 79% 295,600 202,289 68% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 149,500 174,793 117% 144,782 166,915 115% CHRGS-GENERAL GOVT 462,000 367,168 79% 493,500 323,619 66% PUBLIC SAFETY 6,861,415 5,851,824 85% 7,120,560 5,539,607 78% PHYSICAL ENVIRONMENT 14,000 15,598 111% 14,000 2,965 21% CULTURE/RECREATION 820,500 405,615 49% 404,500 271,567 67% INTEREST&MISC REVENUE LIBRARY FINES 25,000 7,000 28% 25,000 4,858 19% VIOLATIONS LOCAL ORD. 477,109 386,909 81% 395,000 372,433 94% INTEREST EARNINGS 188,000 69,892 37% 163,000 229,154 141% RENTS AND ROYALTIES 350,500 430,495 123% 370,800 213,191 57% SPECIAL ASSESSMENTS 6,759,000 6,805,412 101% 6,689,000 6,755,334 101% SALE OF SURPLUS MATERIAL 3,000 863 29% 3,000 11,914 397% OTHER MISC.REVENUE 4,500,000 3,972,555 88% 4,445,000 5,572,088 125% INTERNAL FUND TRANSFERS TRANSFERS 18,473,000 14,167,250 77% 16,642,000 12,481,500 75% FUND BALANCE APPROPRIATED 1,925,660 1,444,245 0% 1,365,468 1,024,101 Total Revenues $ 97,685,429 $ 88,994,342 91% $ 96,437,589 84,695,093 88% *actual building revenue will be reclass to the Building Fund. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $110,000 Two Year Cumulative Revenue Comparison and CFY Budget-($in thousands) $100,000 97,685 $90,000 � N $80,000 $70,000 $60,000 $50,000 $40,000 30,000 $20,000 I m � $10,000 7 s $D III �Cr �Cr �CC CCr CCr Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 1JkS Cumulative 2019-20 Actual Cumulative 2020-21 Actual 2020-21 Budget S:A FinanecTinaneial Reports\Monthly Financial ReportsTY2020-21TY2021 Budget Review-GF-thru June 21 Summarized001 Revenue SummaryRevised Page /781020f 1906 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30,2021 (75%of Fiscal Year) EXPENDITURES FY 2020-21 FY 2020-21 TO DATE FY 2019-20 FY 2019-20 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 320,464 $ 205,007 64% $ 290,194 $ 217,263 75% CITY MANAGER 857,840 665,110 78% 814,945 568,301 70% CITY HALL/GEN.ADMIN. 4,280,502 2,236,388 52% 3,105,529 2,178,450 70% MARKETING/COMMUNICATIONS 498,463 311,902 63% 457,071 279,485 61% SPECIAL EVENTS 400,351 68,130 17% 155,371 103,767 0% TOWN SQUARE 4,779,432 4,941,316 103% 6,445,370 6,133,074 95% CITY CLERK 534,201 460,923 86% 691,961 445,383 64% CITY ATTORNEY 590,257 446,912 76% 614,894 453,543 74% FINANCIAL SERVICES 1,517,010 1,147,927 76% 1,452,144 1,068,268 74% ITS 2,823,098 1,996,741 71% 2,670,829 1,858,677 70% HUMAN RESOURCES 911,239 651,247 71% 940,651 621,286 66% PUBLIC SAFETY UNIFORM SERVICES 17,993,977 14,065,291 78% 16,656,733 13,554,897 81% OFFICE OF THE CHIEF 5,302,790 3,838,552 72% 4,465,929 2,894,313 65% SUPPORT SERVICES 12,280,135 9,567,085 78% 12,034,411 8,691,425 72% FIRE 25,621,334 20,512,264 80% 24,696,306 19,203,724 78% COMMUNITY STANDARDS 2,123,979 1,597,858 75% 2,246,232 1,569,372 70% EMERGENCY MANAGEMENT 33,465 572 2% 30,275 1,546 5% BUILDING&DEVELOPMENT DEVELOPMENT 394,043 874,332 222% 1,266,372 929,939 73% BUILDING 17,858 18,270 102% 1,819,906 1,217,447 67% ENGINEERING 753,001 637,964 85% 777,121 452,353 58% PLANNING&ZONING 748,991 540,664 72% 810,117 603,689 75% ECONOMIC DEVELOPMENT 580,242 255,495 44% 491,953 360,129 73% PUBLIC WORKS PUBLIC WORKS 152,182 98,042 64% 154,078 116,131 75% FACILITIES MANAGEMENT 2,462,780 1,792,017 73% 2,200,133 1,367,979 62% STREETS MAINTENANCE 1,301,358 873,868 67% 1,260,984 801,569 64% PARKING SERVICES 266,428 75,184 28% 0 0 #DIV/0! LEISURE SERVICES LIBRARY 2,524,277 1,901,897 75% 2,602,532 1,751,547 67% SCHOOLHOUSE MUSEUM SERV 382,233 269,721 71% 386,428 271,380 70% RECREATION 3,681,042 2,678,039 73% 3,560,088 2,422,006 68% PARKS&GROUNDS 3,552,457 2,438,453 69% 3,339,032 2,208,765 66% CRA REIMBURSABLE&RESERVES - (4,151) 0% - 5,909 0% Total Expenditures $ 97,685,429 $ 75,163,020 77% �$-- 96 437 589 $ 72,351,617 75% $110,000 Two Year Cumulative Expenditure Comparison and $100,000 CFY Budget-(S in thousands) 6i $97,685 $90,000 ? m $80,000 � v $70,000 �. N +U ry V6 W $60,000 I O .... v5.. �F V6 N $50,000 v N � V6 t $40,000 0 $30,000 N W V6 $20,000 3 v $10,000 14 ........m$0 r........ .... Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep C""''d Cumulative 2019-20 Actual cumulative 2020-21 Actual 2020-21 Budget S:Tinan Tinancial Reports\Monthly Financial Reports\FY2020-21TY2021 Budget Review-GF-thin June 21 Summarized001 Expenditure Summary Revised Page 7-902of 1906 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30,2021(75%of Fiscal Year) REVENUES FY 2020-21 FY 2020-21 TO DATE FY 2019-20 FY 2019-20 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED REALIZED REALIZED APPROVED REALIZED REALIZED WATER SALES $ 24,200,000 $ 17,372,654 72% $ 23,670,000 $ 17,180,506 73% WATER CONNECTION FEE 125,000 66,956 54% 150,000 92,484 62% WATER SERVICE CHARGE 850,000 366,210 43% 850,000 432,389 51 WTR-BACKFLOW PREVNTR TEST 17,500 31,599 181% 15,000 15,460 103% RECLAIMED WATER SALES 510,000 418,453 82% 500,000 395,599 79% DISTRICT ENERGY PLANT 457,000 242,759 53% - - #DIV10! SEWER SERVICE 20,150,000 14,817,281 74% 20,200,000 14,727,301 73% STORMWATER UTILITY FEE 5,000,000 4,092,522 82% 4,500,000 3,778,410 84% TELEVISE SEWER LINES 12,000 1,549 13% 12,000 3,707 31 FEES 35,000 4,278 12% 35,000 15,804 45% INTEREST INCOME 117,181 51,155 44% 35,000 199,579 570% SALE OF SURPLUS MATERIAL 2,000 14,160 0% 2,000 566 0% OCEAN RGE UT TAX ADM CHG 800 445 56% 800 731 91 LAKE WORTH WATER SEWER 4,000 3,189 0% - 3,271 0% WATER MAIN ASSESSMENT - 14,161 0% - 0% MISCELLANEOUS INCOME 55,000 104,650 0% - 50,300 0% FUND BALANCE DECREASE(INCREASE) 689,585 517,189 75% 969,970 727,478 75% TOTAL REVENUES $ 52,225,066 $ 38,119,210 73% $ 50,939,770 $ 37,623,585 74% $60,000 Two Year Cumulative Revenues Comparison and CFY Budget-($in thousands) $52,225 $50,000 .. j $40,000 u - m m $30,000 a a $20,000 w I $10,000 i I I i Oct Nov Dec Jan Feb Mar Apr r May Jun Jul r Aug Sep ry -Cumu lative2019-20A-1 WKWCumu lative2020-21A-1 Budget 2020-21 S:A FinanceAFinancial Reports\Monthly Financial Reports\FY2020-21AFY2021 Budget Review-UF-thru June 21 Summari-d1401 Rev Sum Page 783 of 1906 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES-COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30,2021(75%of Fiscal Year) EXPENDITURES FY 2020-21 FY 2020-21 TO DATE FY 2019-20 FY 2019-20 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED DISTRICT ENERGY PLANT $ 471,256 $ 147,814 31% $ 518,261 $ 72,397 0% WATER DISTRIBUTION $ 1,963,471 $ 1,287,438 66% $ 1,950,716 $ 1,289,684 66% PUBLIC WATER TREATMENT 6,835,917 4,503,466 66% 6,772,119 4,312,059 64% METER READING&SERVICES 1,387,670 893,879 64% 1,355,874 810,042 60% WASTEWATER COLLECTION 1,909,168 1,447,482 76% 1,875,479 1,193,726 64% WASTEWATER PUMPING STATNS 2,744,100 1,916,613 70% 2,651,316 1,782,550 67% SEWAGE TREATMENT 4,991,120 3,387,555 68% 4,956,120 3,772,844 76% WATER QUALITY 743,590 478,969 64% 680,844 448,883 66% UTILITY ADMINISTRATION 20,506,926 14,674,484 72% 18,537,918 13,674,447 74% UTILITES ENGINEERING 1,311,767 1,017,153 78% 1,412,638 973,449 69% STORMWATER MAINTENANCE 1,550,577 1,076,061 69% 1,483,072 824,087 56% CUSTOMER RELATIONS 1,062,369 686,505 65% 1,195,030 994,837 83% DEBT SERVICE * 6,747,135 19,965 0% 7,550,383 5,666,131 75% Total Expenditures $ 52,225,066 $ 31,537,384 60% $ 50,939,770 $ 35,815,136 70% allocation will be processed in the 4th quarter of the fiscal year -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- $60,000 Two Year Cumulative Expenditures Comparison and CFY Budget-($in thousands) S52,2251 $50,000 a.... v rrv4 $40,000 I v - [[ r l I $20,000 ` rry I s $10,000 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep MRSECumulative 201320Actual Cumulative2020-21Actual 2020-21Budget -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S TinanceAFinancial Reports\Monthly Financial Reports\FY2020-21AFY2021 Budget Review-OF-thru June 21 Summari-d401 Exp Sum Page 784 Of 1906 6.1. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-097-Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Fleet Fund (501)for approved FY 2020-2021 Fleet purchases. Explanation of Request: The FY 2020-21 Fleet Fund Budget was adopted in September of 2020 for $5,205,345. In January 2021, Commission adjusted the adopted Fleet Fund Budget to $6,342,758 to reflect outstanding FY19-20 purchase order encumbrances. Four (4) replacement vehicles (approved in the FY 20-21 Fleet Replacement budget) have not been purchased. To complete this previously approved purchase, staff requests that the Fleet Fund be amended from$6,342,758.00 to $6,502,664.50. How will this affect city programs or services? N/A Fiscal Impact: The City would continue to follow good and appropriate budgeting practices. Alternatives: See Exhibit A for a summary of the fiscal impact. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Resolution Resolution amending the 2020-2021 Fleet Fund Attachment Attachment 1 - Fleet Fund Adjustment Exhibit Page 785 of 1906 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING THE FY 2020-21 BUDGET, TO ADJUST 5 BUDGETED APPROPRIATIONS AND REVENUE SOURCES 6 AND PROVIDE SPENDING AUTHORITY FOR THE FLEET 7 FUND (501) FOR APPROVAL OF FY 2020-2021 FLEET 8 PURCHASES; AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 11 12 WHEREAS, a final budget was approved by the City Commission in September, 2020, 13 for the fiscal year 2020-2021; and 14 WHEREAS,in January,2021 the City Commission adjusted the adopted Fleet Fund Budget to 15 $6,342,758 to reflect outstanding FY19-20 purchase order encumbrances; and 16 WHEREAS, four (4) replacement vehicles which were approved in the FY 20-21 Fleet 17 Replacement Budget,have not been purchased; and 18 WHEREAS, accordingly staff is requesting Commission approval to amend the FY 19 2020-21 Fleet Fund budget as noted specifically on Exhibit A. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 21 CITY OF BOYNTON BEACH,FLORIDA: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 23 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 24 Section 2. Hereby amending the appropriated FY 2020-2021 budget as noted the Fleet 25 Funds (see Exhibit A) pursuant to the terms of the budget for the fiscal year beginning October 1, 26 2020 and ending September 30, 2021. 27 Section 3. This Resolution shall become effective immediately upon passage. 28 1 S:ACA\RESO\Budget\2020-2021 Budget\FY20-21 Fleet Budget Amendment Resolution-(August 3,2021).Docx Page 786 of 1906 29 PASSED AND ADOPTED this 3rd day of August, 2021. 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 YES NO 33 34 Mayor— Steven B. Grant 35 36 Vice Mayor—Woodrow L. Hay 37 38 Commissioner—Justin Katz 39 40 Commissioner—Christina L. Romelus 41 42 Commissioner—Ty Penserga 43 44 45 VOTE 46 ATTEST: 47 48 49 50 Crystal Gibson,MMC 51 City Clerk 52 53 54 (Corporate Seal) 2 S:ACA\RESO\Budget\2020-2021 Budget\FY20-21 Fleet Budget Amendment Resolution-(August 3,2021).Docx Page 787 of 1906 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2020-21 2020/21 CITY MANAGER 2020/21 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET Fleet Fund(501) 501-0000-389.92-00 Net Assets Appropriation 1,863,953 159,907 2,023,860 Adopted Fund Total Revenues 10,799,384 159,907 10,959,291 501-2519-519.64-33 Fleet Fund-Vehicle Purchases 6,342,758 159,907 6,502,665 Adopted Fund Total Expenses 10,799,384 159,907 10,959,291 Page 788 of 1906 6.J. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Legal Expenses- June 2021 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received thru Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment Goren Cherof June 2021 Invoices Attachment Goren Cherof Risk Litigation June 2021 Invoices Attachment Outside Counsel Readon May 2021 Attachment Outside Counsel McFadden May 2021 Attachment Outside Counsel McFadden June 2021 Page 789 of 1906 GOREN. CHEROF. 00OOY& EZROL' P.A` Attorneys at Law 3OSSEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone (954) 771-4500 Page: 1 CITY [)FBDYNTONBEACH 0701/2021 1U0EOcean Avenue ACCOUNT NO: 300'9805485 Boynton Beach FL 33435 STATEMENT NO: 36625 Attn: Lynn Swanson Bamboo/Palmer Special Assessment HOURS 86/28/2021 DG Drafted final demand letter for ODGand 81SBamboo, and 37D5NFederal Highway. Researched discontinuance ofwater service. 1.10 06/29/2021 O8 Discussed status ofcommunication with 8OGand 810Bamboo and 37ObN Federal Highway with Utilities. 0.60 FOR CURRENT SERVICES RENDERED 1�70 348.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL OAN|ELLESCHVVABE 1,70 $205.00 $348.50 TOTAL CURRENT WORK 348.50 BALANCE DUE $348.50 | AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 790 of 1906 GOREN. {}HEROF' OOODY & EZROL. P�� Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54) 771-4GO0 Poge: 1 CITY OFBOYNTONBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-8905589 Boynton Beach FL 33435 STATEMENT NO: 38567 Attn: Lynn Swanson adv. Deutsche Bank(Garza, Ruth) HOURS 06/16/2021 SHB Receive and review complaint. Review documentation re: lien and property owner ottime offoreclosure. 0.80 00/30/2021 SHB Review court docket and begin preparing Answer. 0.40 FOR CURRENT SERVICES RENDERED 1.20 246.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL 8HANAH. BR|DGEyW/\N 1.20 $305.00 $240.00 TOTAL CURRENT WORK 246.00 BALANCE DUE $246.00 � AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE GOREN. CHEROF. DDODY& EZRDL. P�� Attorneys at Law 3O0SEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 ' Telephone (954) 771-45OO zr— Page: 1 CITY OFBOYNTDNBEACH 0701/2021 100E. Ocean Avenue ACCOUNT NO: 306'9005568 Boynton Beach FL 33435 STATEMENT NO: 36566 Attn: Lynn Swanson adv. HMC Assets (60 Friends Fund Capital, et al) HOURS 06/30/2021 SHB Prepare and file Answer hnComplaint. 0.80 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GHANAH. BR|DGEK8AN 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 ---' AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 792Of1906 GOREN. CHEROF. UDOOY& EZROL. P.A. Attorneys at Law 3O89East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (054) 771-45O0 Poge: 1 CITY {}FBOYNTDNBEACH 07/01/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-9005567 Boynton Beach FL 33435 STATEMENT NO: 36565 Attn: Lynn Swanson adv. Ho. Wing and Ho. Konen (Petition for Preliminary Injunction) HOURS 06/07/2021 HN Review ofpetition, meeting with MDC and JACregarding steps forward, review offederal rules of civil procedure relating to 30 days tnfile for removal. Review ofBB/VAorders and minutes. Email exchanges with K8O(|. 2.40 MDC Review Complaint for Preliminary Injunction; review materials; confer with Heather Naede|manand Jim Cherof; discuss hearing onCity's Motion to Strike Affirmative Defenses with Heather Needelman; continued discussion on preparing for response and potential hearing related issues for injunction petition. 1.90 08/08/2021 GB Telephone conference call with HNregarding petition, injunction, and removal tofederal court. Legal research regarding removal from state to federal court. Drafted Notice ofRemoval and email hcHNfor review. Emoi|m with the City regarding removal. Telephone conference call with City regarding mater and removal to fedearl court. Finalized Notice of Removal and had filed inState and Federal Court. 1.30 HN review ofnotice ofremoval and referenced statutes. Email exchange with MDC. review Vfbuilding official departmental records re: to demolition. Came law research ns|nhed to petitions for injunctions. Review ofcity's motion to dismiss in prior federal case that was dismissed. Email exchanges with JACand MDC. Phone message left for Julie Oldbury. Started drafting amotion todismiss petition. 2.60 |R Receipt and review ufemail from Palm Beach E-Filing Docket clerk; reviewed the City ofBoynton Beach's Removal ofCase [from state court to federal court, Southern District FL]; reviewed Plaintiffs Ex-Parte Preliminary Injunction and Stay ofDemolition; reviewed subject property photographs; updated litigation tracking chart; prepared tickler for response from federal court filing clerk, ofacknowledgement ofnew litigation; 0.80 MDC Confer with Heather Needm|mmnonremoval toFederal Court and discuss preparation for potential emergency hearing; review and comment on notice of removal. 8.80 JAC Preliminary review and research regarding junction action toblock demolition ofproperty 1.50 06/09/2021 GB Telephone conference call with HN and City regarding facts. Legal research regarding responding topetition for injunction. Edits tocivil cover sheet. 1.80 HN Drafting the response tninjunction and motion hodismiss. Research related torequired elements ofaninjunction. PhnnnnonfenanuewithJohn Kuntcman and Gal Bebsoh. Review of city documents, 5.20 06/10/2021 GB Edits and drafted Motion toDismiss. Legal research regarding elements alleging aviolation under the 5th and 14thamendment ofthe U.G. Page 793Of1906 Poga: 2 CITY OFBOYNTONBEACH 0701/2021 ACCOUNTNC>: 306- 905567 STATEMENT NO: 36565 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS Constitution. 4.50 HN Discussion with John Kuntzmanregarding notice ofdemolition. 020 MDC Review issues with Federal Court; status ofRemoval hoFederal Court. 0.30 00/11/2021 G8 Continued drafting and edits Motion (oDismiss and case law research for Motion. 1.50 08/14/2021 HN Review and edits cf Motion hoDismiss and email ho6Bwith draft. Research as to elements of res judicata. Review nfpetition and edits to factual summary inthe motion todismiss and response. 1.70 GB Reviewed and edits hnMotion hoDismiss. 0.90 K4D{} Review draft Motion toDismiss for Federal Court. 0.30 06/15/2021 G0 Edits to Motion to Dismiss. Telephone conference call with MDC and HN regarding Motion to Dismiss. 1.10 HN Conference call with MDC and GBregarding the draft response and motion to dismiss Plaintiffs' injunction. Email tnJACwith draft for review before filing ocMDC and GB. 0.40 W1OC Review materials; confer with Gal Bebamhand Hnet erNeode|menon -� Response toInjunction endyNotionhuDiamimainFodena| Court; novewdraft pleading and provide comments. 0.50 08/18/2021 HN Review and edits ofmotion to dismiss. Research related to appeals right form the building board ofadjustments and appeals. Email exchange with GB. 1.10 GB Edits hoMotion hoDismiss and had filed and served. 1.00 06/17/2021 HN Discussion with MDC re: demolition of11O1 Nfederal highway. Email to JACuoMDC and GB. 0.20 06/25/2021 MDC Review status ofcase, pending Motion toDismiss and Injunction vvi8lGa| 8ateahand Heather Neede|man. 0.30 HN Discussion with MDC and GBregarding case. 0.10 GB Legal research federal rules of civil procedure and local rules regarding notice ofunavailability and setting hearings. 0.50 06/30/2021 HN Email exchange with John Kunbcman. Phone discussion with John Kuntzman. Email hoJACcoMDC and GBregarding City's position ho hold off ondemolition until the case iaresolved. 0.30 FOR CURRENT SERVICES RENDERED 33.00 8.701.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL` JAMES A. CHEROF 1.50 $205.00 $307.50 MICHAEL U. C|RULL[} 4.10 206.00 840.50 HEATHERNEEDELK«AN 14.20 205.00 2.911.00 GAL BETESH 12.40 205.00 2.542.00 |NSRiDR|ERA 0.80 125�00 100.00 Photocopies 42.35 TOTAL EXPENSES THRUOH/3O/2O21 42.35 Page 794Of1906 Paon: 3 CITY OFBOYNTDNBEACH 07/ 1/2021 ACCOUNT NO: 306-9905567 STATEMENT NO: 36565 adv. Ho' Wing and Ho. Koren (Petition for Preliminary Injunction) 06/08/2021 F|ohdaSoutharnOistriotCourt- Fi|ingFee 402.00 Filing fee 402.00 TOTAL ADVANCES THRUU0/3O/2021 402.00 TOTAL CURRENT WORK 7.145.35 BALANCE DUE $7.145.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 795Of1906 GOREN. CHEROF. DOODY& EZROLP�� Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (054) 771-450O Pege: 1 CITY DFBDYNTDNBEACH 0701/2021 1O0E. Ocean Avenue ACCOUNT NO: 306-9905588 Boynton Beach FL 33435 STATEMENT NO: 36564 Attn: Lynn Swanson adv. The Preserve atBoynton Beach (5OFriends Fund Capital) HOURS 06/03/2021 6H8 Prepare and file Answer ho Complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL 8HANAH. BR|DGEW1AN 0.40 $205.00 $83.00 TOTAL CURRENT WORK 82.00 BALANCE DUE 082.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 796Of1906 GOREN. CHEROF. DOUDY@EZROLP�� Attorneys at Law 3OAAEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (Q54) 771-45UU /~ > Pmge: 1 CITY DFBDYNTONBEACH 07/ 1/2021 1UUE. Ocean Avenue ACCOUNT NO: 306-8905564 Boynton Beach FL 33435 STATEMENT NO: 36563 Attn: Lynn Swanson v. K8organ. Lloyd and Ooffin. Josephine (Seizure of Two Dogs) HOURS 06/02/2021 HN Phone discussions with Liz from BB PDand John from compass. Email to Liz. Review of emails regarding service of respondents. Phone discussions with Liz and John from Compass. 1.50 06/03/2021 HN Phone discussion with Liz, Phone call b> Best Vet. Email exchange with JAC. Review ofreturn of summons for Morgan. 0.60 06/04/2021 HN Drafted questions for witnesses and review ofmedical records. Coordinating witness list and exhibit list. Review of the Judge's instructions. 1.10 06/07/2821 HN Review ofrecords from Best vet. Review notice nffiling ofbusiness records. Phone discussion with Liz. 0.40 06/08/2031 HN Prepped officer|izregarding questions |will beasking her inthe hearing. Discussion with SHB. Review and edit ofwitness list. 1.50 06/09/2021 HN Review ofexhibit list. Prepped witness Sara Chapman for hearing on0/1G. Meeting with SHB todiscuss hearing. Discussion with Liz. Email exchange with SHB. Left voice message for Gana Chapman. 3.80 SHB Trial preparation - meeting with HN re: witnesses, exhibits, and procedural matters. 1.50 06/10/2021 HN Discussions with Liz and Sara Chapman regarding hearing onthe 1G(h. Review ofFlorida statutes relating tonotice ofintent torely onpublic records. Coordination as to exhibit list. Review nfrecords provided by Liz re: previous instances with Josephine DaMlnregarding animal neglect. Discussions with Liz. coordinating with clerk's office to have prior records certified. Review of index, exhibits, notice of filings, and notice of intent to rely onpublic records, Review ofall documents before being mailed out to Sara Chapman, Judge, and respondents. 2.20 06/11/2021 HN Review ofemail from Liz and review ofplea entered into bvFloyd Morgan. Review ofPalm Beach County clerk ofcourts website re: certified documents, email exchanges with SHB. Preparation for hearing on1Sth. Drafting questions for witnesses. 3.10 SHB Various correspondence and discussion with HN re: trial prep and exhibits. 0.40 06/14/2021 HN Reviewed and edited questions for witnesses. Phone discussion with Shana Bridgeman regarding hearing. Phone discussions with Liz. 1.70 SHB Discuss various trial and evidence matters with HN. 0.30 Page 797Of1906 Pogo: 2 CITY [}FBOYNT0NBEACH 07/01/2021 ACCOUNT NO: 306-9905564 STATEMENT NO: 36563 v. Morgan, Lloyd and Deffin. Josephine (Seizure of Two Dogs) HOURS 08/15/2021 HN Review ofCAD report and Josephine DeMin'orelinquishment ofrights tothe dogs. Discussion with Liz Hoohrioh. Edit to questions for hearing tomorrow boned on Dofhn'a releasing her rights. Review of amended exhibit |ieL Phone discussion with Dr. Chapman. Preparation for hearing. 1.70 06/16/2021 HN Preparation and attendance of evidentiary hearing. Drafting order in favor of the City for the Judge's review. Edits toorder based onemail exchanges with SHB. Phone discussions with Dr. Chapman and Liz before the hearing to prepare. 3.80 SHB Discuss trial matters with HN. Review final order for transfer ofanimals. 0.60 06/17/2021 HN Review ofthe Court's order and email hoLiz ucJACand SHB. 0.20 FOR CURRENT SERVICES RENDERED 24.00 4.920.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHERNEEDELK8AN 21.20 $205.00 $4.348.00 SHANAH. BR|OGEK8AN 2.80 205.00 574.00 Photocopies 132.65 TOTAL E)(PENSESTHRU 08/302021 132.05 05/28/2021 Compass Investigations' Invoice 2O21OO488U 40.00 Oepo 40.00 06/10/2021 Federal Express- Invoice 7-4O4-7O771 1713 Fed Ex 17.13 TOTAL ADVANCES THRUOG/3O/2O21 57.13 TOTAL CURRENT WORK 5,100J8 BALANCE DUE $5.108.78 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 798 Of 1906 GOREN. CHEROF. 00UDY& EZROL. P�� Attorneys at Law 3O0QEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54) 771-4500 PaQe: 1 CITY[)FBOYNTC)NBEACH 0701/2021 10UE. Ocean Avenue ACCOUNT NO: 308'9805583 Boynton Beach FL 33435 STATEMENT NO: 36562 Attn: Lynn Swanson / v. Joseph, Veoe|oDenn (RPD) HOURS 08/02/2021 SHB Review file, PBSD case hietory, and correspondence from Gorhdo re: reason for current in-custody status. Telephone conference with Gorfido re: FHP charge/arrest status. Prepare and file Notice ofDismissal. 1.50 FOR CURRENT SERVICES RENDERED 1.50 307.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL� SHANAH. BN|DGEK4AN 1.50 $205.00 $307.50 06/02/2021 Prestige Reporting Service' Invoice 1O4757 115.00 Oepo 115.00 TOTAL ADVANCES THRU0G/30/2U21 115.00 TOTAL CURRENT WORK 422.50 BALANCE DUE $422.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 799 Of 1906 GOREN. CHERDF. DOOOY& EZROL. P�� Attorneys at Law 3OADEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333OO Telephone (Q54) 771-450O Page: 1 CITY OFBDYNT{JNBEACH 0701/2021 1O0E. Ocean Avenue ACCOUNT NO: 306-8905562 Boynton Beach FL 33435 STATEMENT NO: 38561 Attn: Lynn Swanson adv. Deutsche Bank (Josephine Oaffin) HOURS 06/02/2021 SHB Prepare and file Notice ofClaim and Request for Surplus. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL= 6HANAH. BK|DGEW1AN 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 800Of1906 GOREN. CHERDF. DODDY& EZHOL' P�� Attorneys at Law 309SEast Commercial Boulevard Suite 200 ' Fort Lauderdale, Florida 33308 Telephone (Q54) 771-45OO Page: 1 CITY{}FBDYNTONBEACH 0701/2021 1O0E. Ocean Avenue ACCOUNT NO: 306-9905560 Boynton Beach FL 33435 STATEMENT NO: 36560 Attn: Lynn Swanson City ofBoynton Beach, Beneficiary ofthe Estate ofBernard VViniher HOURS 06/23/2021 8K88 Review probate docs and inventory related to sale of vehicle and ua||a to discuss; Call with Probate Attorneys' office 0.50 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN K8. GVVARTZ 0.50 $205.00 $182.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 ' AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 801Of1906 G(}REN' CHEROF. 00ODY& EZROL' P.A. Attorneys at Law 3O08East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (A54) 771-45UO Page: 1 CITY DFBDYNTJNBEACH 0701/2021 1O0E. Ocean Avenue ACCOUNT NO: 306-0005552 Boynton Beach FL 33435 STATEMENT NO: 38550 Attn: Lynn Swanson Canal Maintenance Special Assessment HOURS 00/23/2021 MDC Review materials and ordinance; begin initial assessment resolution. 1.10 08/24/2021 MDC Continued review and preparing ofInitial Assessment Resolution. 0.50 00/29/2021 yWOC Review materials, conference with City Utilities and Jim Chorofreganding Initial Assessment Reoo|uUon, begin review ofdocuments relating to methodology and agenda items. 8.70 06/30/2021 MDC Review materials, continue preparing assessment resolution. 1.80 FOR CURRENT SERVICES RENDERED 4.10 840.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. C|RULL() 4.10 $205.00 $840.50 Photocopies 17.50 TOTAL EXPENSES THRUO6/3O/2021 17.50 TOTAL CURRENT WORK 858.00 BALANCE DUE $858.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 802Of1906 80REN. CHERDF. 00OOY& EZROL. P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54) 771-45OO Page: 1 CITY UFB0YNT{>NBEACH 07/01/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-9905542 Boynton Beach FL 33435 STATEMENT NO: 30558 Attn: Lynn Swanson PBA Captains Unit Formation 2021 HOURS 06/18/2021 JAC Call with Julie [> regarding city brief and findings offact; follow up review of transcript 0.70 06/21/2021 JAC Transcript review and notation for preparation ofbrief and proposed findings of fact 1.50 FOR CURRENT SERVICES RENDERED 2.20 451.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL= JAMES A. CHEROF Z20 $205.00 $451.00 06/28/2821 Laws Reporting. Inc. Original and certified copy of transcript'Judge Gerald York- Volume || 1.405.50 06/29/2021 OepoLaws Reporting, Inc. 1/461.50 Oepo 2.867.00 TOTAL ADVANCES THRUO6/3O/2O21 2.867.00 TOTAL CURRENT WORK 3'318.00 BALANCE DUE $3,318.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 803Of1906 GOREN. CHERDF. DOODY& EZROL. P.A. Attorneys at Law 300QEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (A54) 771-45OO Pmge: 1 CITY DFBOYNT]NBEACH 0701/2021 100E. Ocean Avenue ACCOUNT NO: 306-0805534 Boynton Beach FL 33435 STATEMENT NO: 36557 Attn: Lynn Swanson adv. Boynton Leimunav|||eCommunity (Gohmidt' Arthur) HOURS 06/03/2021 SHB Receive and review Owner's Notice ofClaim. 0.10 06/14/2021 SHB Prepare and file Statement ofClaim. 0.40 06/15/2021 SHB Prepare transmittal letter and send Statement ofClaim to Clerk ofCourt foreclosure department. 0.30 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL= GHANAH. BH|OGEN1AN 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $184.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 804Of1906 GOREN. CHEROF' DDDDY& EZROL. P�� Attorneys at Law 3089 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954) ' ~~~j Page: 1 CITY {}FBDYNTONBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-9905528 Boynton Beach FL 33435 STATEMENT NO: 38550 Attn: Lynn Swanson Sara Sims Park Plat'examination nftitle toapprove Plat HOURS 06/03/2021 RLL Research history ofuse ofincorrect parcel control number nn1A98deed. 0.40 06/00/2021 JAC Evaluate options for notification tobeneficiaries and title related issue 8.58 MDC Review report nnheir search; confer with Jim Cherofnnresults, 0.40 06/14/2021 8W18 Research and review nfplat and ownership issues; Meeting todiscuss ownership issues. 1.30 MDC Review results ofheir search todetermine potential surviving heirs; meet with Sean Swartz onform ofdisclaimer and conveyance needed from potential heirs. 0.90 06/16/2021 SW18 Review title work for ownership ofremainder oflot 101 1.20 06/23/2021 MDC review matar|o|a. confer with Jim Cherof; prepare form letter to descendants 0.80 FOR CURRENT SERVICES RENDERED 5.50 1.005.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAK8ESA. CHEROF 0.50 $205.00 $102.50 MICHAEL D. C|RULL{} 2.10 205.00 430.50 SEAN M. SVVARTZ 2.50 205.00 512.50 RACHEL LLEACH 0.40 125.00 50.00 Photocopies 3.85 TOTAL E}(PENSESTHRU 06/30/2021 3.85 TOTAL CURRENT WORK 1'099.35 BALANCE DUE $1,099.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 805 Of 1906 GOREN. CHEROF. DDODY& EZROL. P�� Attorneys at Law 3O8SEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone (954) 771-45OO Page: 1 CITY DFBOYNT0NBEACH 07/01/2021 1O0E. Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 36623 Attn: Lynn Swanson v. JKK8 BTS CAPITAL, LLC (Declaratory Action) HOURS 06/01/2021 GB Conversations with attorney O'Connor regarding hearing onMotion to Continue. Ennei|owith co-counsel regarding mediation. Ennmi|ewith mediator regarding mediation date and location. Telephone conference call with JAC regarding mediation and trial, Emmi|nvvith City Manager regarding continuance oftrial and mediation. 0.90 JAC Review withdrawal ofeast wind oopossible successor developer; miscellaneous calls and preparation regarding same; conference with assistant city attorney regarding trial setting and Mediation; Emoi|evvith attorney for JKK8 2.00 00/02/2021 GB Emails with attorney O'Connor regarding JKM's deposition and mediation. Eme||o with City regarding trial date. Telephone conference call with JAC regarding trial and deposition. 0.40 06/03/2021 GB Telephone conference call with City regarding mediation. Email toJAC regarding witness meeting. Telephone conference call with JAC regarding preparing for John Markey's deposition. Voicemail to witnesses about trial. 0.70 |R Receipt and review ofthe Court's third setting of Non-Jury Trial, during the calendar September 13' 2O21through October 22' 2O21,; preparation of updated Trial Order Outline and emailed tolitigation team. 2.20 08/04/2021 |R Finalization ofdraft ofthe Court's Order Re-Setting Non-Jury Trial and Directing Pretrial and Mediation Pnooeduraa, with the Outline ofnew trial deadlines, along with preparation ofticklers thereto; 1.20 00/07/2021 GB Edits tnSchedule AofNotice ofDeposition toJKW1. Ennai|ewith attorney O'Connor regarding discovery and mediation. Reviewed documents produced byJKMinresponse toCity's Second Request for Production. 0.50 JAC Prepare for pre-mediation telephone conferences with conditioners 0.80 06/08/2021 GB Telephone conference call with attorney O'Connor regarding discovery, mediation and trial preparation. Reviewed archived documents in preparation for trial and continued updating timeline. Telephone conference call with Qb/Staff regarding additional documents needed. Emai|avvith City Staff regarding chilled water. 3.30 06/00/2021 GB Email regarding documents needed for case. 0.10 06/10/2021 GB Telephone conference call with JAC regarding mediation. Telephone conference calls with mediator's officer regarding mediation date and location. Email toattorney O'Connor regarding mediation andJKM'o Page 806Of1906 Page: 2 CITY 0FBOYNTONBEACH 07/61/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 36623 v. JMM BTS CAPITAL, LLC (Declaratory Action) HOURS deposition. 0.40 JAC Reviewed and provided input through GBregarding pre-mediation draft of summary for mediator; update research concerning trial ashes 1.20 06/11/2021 GB Telephone conference call with attorney O'Connor regarding subpoenas to non parties. Edits hnSubpoena to FPU and Specialty Engineering. Emai|a with attorney O'Connor regarding subpoenas and mediation statement. 1.80 JAC Calls with Mayor and to city commissioners regarding issue to raise at mediation and possible settlement proposals; Follow upregarding same 2.80 00/14/2021 GB Telephone conference call with JAC regarding mediation. Emei|ovvith attorney O'Connor and Baird regarding mediat|on. Reviewed file and to draft mediation statement. Telephone conference call with City regarding C[)of City Hall, various agreements with JKM. and timeline. 2.40 06/15/2021 GB Continued working onmediation statement. 1.00 |R Reviewed and tagged responsive documents, tothe Defendant's discovery responses, and compared with the Defendant's Trial Exhibits Disclosure; 1.30 JAC Follow upcommunications regarding new site plan and master plan submission and request for disclosure if submission is litigation related or submitted onordinary course ofbusiness 1.50 08/16/2021 GB Zoom meeting with City, JAC and Jones Foster regarding mediation. Continued drafting mediation statement and reviewing documents in preparation of mediation and trial. Email with Carlos Mercado regarding geotechnical report. 3.00 JAC Mediation pre-conference with CityManager and team; Follow up regarding same 2.00 JAC Separate telephone conversations with Mayor and toCommissioners regarding upcoming JKW1Mediation; Follow upcall with LLregarding same 1.80 06/17/2021 JAC Review mediation summary; call with GB regarding application for modifications and pending staff review ofsame; conference call with DJD regarding new proposal from JKW1. existing document amendment, and pending meeting with Vice mayor 1.50 QB Emails with opposing counsel regarding mediation statement. Telephone conference call with JAC regarding mediation statements. Edits to mediation statement. Emai|awith opposing counsel regarding Defendant's deposition. 1.80 |R Receipt and review ofDeposition Duces TeoumofFlorida Public Utilities Company on 7.10.21 at3pm; reviewed Notice ofDeposition DuceaTeoum of Specialty Engineering Consultants, Inc. in Tallahassee, via its Registered Agent, nn7.19.21 @1pm; updated paralegal case tracking regarding discovery; 0.30 06/18/2021 JAC Pre-mediation team telephone conference; follow upon same for presentation atmediation 2.00 GB Participated inpre-mediation meeting with JAC, attorney Baird and City. 1.20 06/21/2021 GB Prepared for meeting with Colin Groff. Telephone conference calls with attorney O'Connor in preparation for meeting. Participated in zoom meeting with attorney O'Connor and Colin Groff. 2.60 JAC Review Post story regarding status oftown Square project andane|yze applications for mediation and trial; call to CityManager regarding same; discuss mediation issue with GB 1.50 Page 807Of1906 Paga: 3 CITY DFBOYNTDNBEACH 0701/2021 ACCOUNT NO: 306-9005525 STATEMENT NO: 30623 v. JKM BTS CAPITAL, LLC (Declaratory Action) HOURS 06/22C2021 JAC Team conference call regarding preparation for mediation; follow upwith opposing counsel regarding mediation privilege/confidentiality; follow up regarding same 3.00 GB Meeting with City and co counsel in preparation for mediation. Discussions with JAC in preparation for mediation regarding strategy. 1.50 00/23/2021 JA{} Prep for and participate in nnod|eUon; mediation follow up 6.60 GB Prepared for and participated in mediation. Legal research regarding rules ofmediation and relevant statutes regarding confidentiality ofmediation. 5.70 06/24/2021 GB Emei|nwith attorney O'Connor regarding mediation and trial. Email toJAC regarding JKPN'a request for extensions. 0.30 06/25/2021 GB Telephone conference call with JAC regarding trial, mediation, and strategy moving forward. E0ai|nwith attorney O'Connor regarding experts. 0.40 08/28/2021 JAC Notate Development and draft stipulation - mediation related. 0.90 06/30/2021 JAC Preliminary work on revisions to development agreement; conf with LL re: same 0.80 FOR CURRENT SERVICES RENDERED 62�00 12.310.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHE0OF 28.40 $205.00 $5'822.08 GAL BETESH 28.60 205.00 5,803.00 |NGR|OR|ERA 5.00 125.00 625.00 Photocopies 17.15 TOTAL EXPENSES THRU0G/3O/2O21 17.15 TOTAL CURRENT WORK 12.327.15 BALANCE DUE $12.327.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 808Of1906 GDREN. CHEROF. DOODY& EZROL' P.A` Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (g54) 771-45U0 Pmge: 1 CITY DFBDYNTDNBEACH 0701/2021 1OUEOcean Avenue ACCOUNT NO: 306-9905524 Boynton Beach FL 33435 STATEMENT NO: 36554 Attn: Lynn Swanson adv. Clemons, Lotoehe (EEOC Charge) HOURS 06/04/2021 K8OC Review Amended Complaint and confer with Gal 0eteuh. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. C|RULLO 0.40 $205.00 $82�00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 809Of1906 GOREN. CHEROF. DODDY& EZRDL' P�� Attorneys at Law 3O98East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54) 771-450O Poge: 1 CITY(]FBOYNTONBEACH 0701/2021 1OOEOcean Avenue ACCOUNT NO: 306-0805446 Boynton Beach FL 33435 STATEMENT NO: 38553 Attn: Lynn Swanson Adv. Wilmington Savings Fund (Smith' Carl, eL. al.) HOURS 06/04/2021 SHB Receive and review Certificate ofDisbursement. 0.10 08/09/2021 SHB Receive and review order on writ of possession. Follow up with City re: statement ofclaim tobefiled with Clerk nfCourt. 0.20 06/10/2021 SHB Follow upre: process for asserting claim ondisbursement funds. 0.30 06/11/2021 SHB Revise and file Statement ofClaim form. 0.40 06/15/2021 SHB Prepare transmittal letter and send Statement nfClaim toClerk ofCourt foreclosure department. 0.30 FOR CURRENT SERVICES RENDERED 1.30 288.50 RECAPITULATION TIMEKEEPER M{]LURS HOURLY RATE TOTAL= GHANAH. BR|DGEMAN 1.30 $205.00 $268.50 TOTAL CURRENT WORK 266.50 BALANCE DUE $286.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 810Of1906 GOREN' CHERDF. DOODY& EZROL. P.& Attorneys at Law 30QQEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone(Q54) 771-450O PoQe: 1 CITY OFBOYNT0NBEACH 0701/2021 1O0E. Ocean Avenue ACCOUNT NO: 306-0905433 Boynton Beach FL 33435 STATEMENT NO: 36552 Attn: Lynn Swanson v. Ho' Benjamin and Karon (Code/Foreclosure) HOURS 06/01/3021 HN Meeting with MDC todiscuss hearing onS/7/21 0.20 K8OC Meet with HNonhearing preparation, Motion hoStrike Affirmative Defenses. 0.20 06/02/2021 HN Review of arguments for motion hearing and review of Florida Rules of Civil Procedure. 0.40 06/07/2021 HN Preparation and attendance of hearing for City's Motion to Strike Karen and Wing Ho'oaffirmative defenses. 2.50 JAC Review case status and options. 8.40 00/23/2021 HN Follow upregarding agreed case management plan requirement. 0.20 06/28/2021 HN Review ofcase law relating hothe new standard for summary judgment. Review ofCe|ohexCorp case. 0.30 06/28/2021 HN Started drafting motion for summary judgment. 0.60 06/30/2021 HN Drafting Motion for Summary Judgment. Review offoreclosure authorization and listing aoexhibit. 0.30 FOR CURRENT SERVICES RENDERED 5.70 1.168.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAK0ESA. CHER(}F 0.40 $205.00 $82.00 MICHAEL O. C|RULL[) 0.20 205.00 41.00 HEATHERNEEDELKAAN 5.10 205.00 1.045.50 05/28/2021 Federal Express - Invoice 7-397'34823 17.44 06/08/2021 Federal Express' Invoice 7'4O4-70771 17.13 FedEx 34.57 TOTAL ADVANCES THRUOG/3O/2O21 34.67 TOTAL CURRENT WORK 1.203.07 Page 811Of1906 Page: 2 CITY OF BOYNTON BEACH 07101/2021 ACCOUNT NO: 306-9905433 STATEMENT NO: 36552 v. Ho, Benjamin and Karen (Code/Foreclosure) BALANCE DUE $1,203.07 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 812 of 1906 GOREN. CHEROF. DOODY& EZROL. P.A` Attorneys at Law 3009 East Commercial Boulevard Suite 200 ' Fort Lauderdale, Florida 333O8 Telephone (954) ` Pmge: 1 CITY DFBDYNT{}NBEACH 0701/2021 1O0E. Ocean Avenue ACCOUNT NO: 300'9005432 Boynton Beach FL 33435 STATEMENT NO: 36551 Attn: Lynn Swanson Launony, Iva and Henon (Cnde/Foreu|oaure) HOURS 06/15/2021 |R Receipt and review ofNotice of Hearing on Plaintiffs Motion for Default Final Judgment and Summary Judgment ofForeclosure, retrieved online Palm Beach Circuit Court docket, boreview the status ofthis foreclosure litigation; updated current foreclosure list to check status of foreclosure litigation. 0.40 FOR CURRENT SERVICES RENDERED 0.40 50.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL |NGR|DR\ERA 0.40 $125.00 $50.00 TOTAL CURRENT WORK 50.00 BALANCE DUE %50.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 813Of1906 GOREN. CHERUF. DOODY& EZROL' P.A' Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (054) 771-450U Page: 1 CITY{}FBOYNTONBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-9905412 Boynton Beach FL 33435 STATEMENT NO: 36550 Attn: Lynn Swanson Mangrove Pork- Lease from SL Mark's HOURS 06/01/2021 JAC Review correspondence and status ofpermitting for removal ofMangrove Park boardwalk; correspond with diocese attorney regarding same and follow upwith staff 1.30 06/30/2021 JAC Telephone conference call with Diocese Attorney and follow upre: lease. 0.70 FOR CURRENT SERVICES RENDERED 2.00 410.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL= JAK8ESA. CHER{}F 2.00 $205�00 $410.00 TOTAL CURRENT WORK 410.00 BALANCE DUE $410.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 814Of1906 GOREN. CHEROF. DDOOY& EZROL' P.A. Attorneys at Law 3OA8East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone (854) 771-45O0 PaQe: 1 CITY OFBOYNpONBEACH 0701/2021 100EOcean Avenue ACCOUNT NO: 306-9905357 Boynton Beach FL 33435 STATEMENT NO: 36549 Attn: Lynn Swanson adv. Cain, Courtney(Labor) HOURS 06/15/2021 GB Prepared for deposition ofCity Manager. Reviewed file and put together binder ofrelevant documents. 2.30 FOR CURRENT SERVICES RENDERED 2.30 471.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL= GA[ BETESH 2.30 $205.00 $471.50 TOTAL CURRENT WORK 471.50 BALANCE DUE $471.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 815Of1906 80REN. CHEROF. DOODY& EZROLP�� Attorneys at Law 3O89East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (Q54) 771-45OO Page: 1 CITY {JFBDYNTONBEACH 0701/2021 1O0EOcean Avenue ACCOUNT NO: 306-9905263 Boynton Beach FL 33435 STATEMENT NO: 36548 Attn: Lynn Swanson Town Square Development HOURS 06/04/2021 JAC Follow upregarding status ofrecords review bvcommissioner and additional research into records toclarify loans and satisfaction of conditions for release ofoption 2.60 08/09/2021 JAC Prepare outline for discussions with Commissioners regarding status of project; follow up with Commissioner Penserga (1m) U.80 00/10/2021 JAC Follow up with LS regarding Mayor's review of documents and signature on certificates of completion 0.40 00/14/2021 JAC Calls with CihyyWanagerand call with Commissioner TP regarding Townoquorestatus; miscellaneous follow upcollection nfdocuments for discussion with Vice Mayor; 2.38 06/17/2021 DJD Telephone conference with Jim Chnrof; review transcript. 0.60 00/24/2021 JAC Conference with VimaW1oyorregarding project etahuo;Fo||mwuprogarding same for mediation preparation 2.00 FOR CURRENT SERVICES RENDERED 8.60 1.763.00 RECAPITULATION TIMEKEEPER M<JUFS HOURLY RATE TlT[/U= JAN1EGA. CHEROF 8.00 $205.00 $1.640.00 D.J. O{}(]DY 0.80 205.00 123.00 06/28/2021 Title Search Chicago Title Insurance Company 250.00 Title Search 250.00 TOTAL ADVANCES THRUOG/3O/2021 250.00 TOTAL CURRENT WORK 2.013.00 BALANCE DUE $2.013.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 816Of1906 GDREN. CHEROF. DO0DY& EZROLP�� Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (054) 771-45O0 Page: 1 CITY OFB0YNTONBEACH 0701/2021 1O0E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 36547 Attn: Lynn Swanson Litigation Miscellaneous HOURS 06/02/2021 BJS Follow up re: Forfaitunea, follow up re: Restitution |nquireo, review police reports re: new forfeiture re: VVebb, telephone call with Greg Cefa,o re: Return nfProperty and firearm re: Lmyum' review and follow up re: Petition toDestroy Evidence 2.00 06/03/2021 HN Review ofemail from John Kuntcmanand response re: demolition of1101 N. Federal Highway. 0.10 BJS Follow up re: State v. OobbieCo|unQa. follow upre: F<oaUtution/Firahydnant with TremaineJohnson, review reports and telephone call Tom D'Andvom re: Forfeiture/Webb, telephone calls with Tom D'Andneo re: 10 Day Order Submission 1.80 09/04/2021 MDC Telephone call with James Chenofand Gal Bebsahonpending tort defense litigation matters. 1.00 JAC Confwith GBand W1Crepending tort defense cases 1.00 06/07/2021 JAC Review status ofpending tort defense cases 0.80 BJS Draft Response re: Webb/Forfeiture with review of reports, draft response to Greg Cafano re: Forma. draft response toAdam Franzen re: Return of Finaarm/Layrum 1.30 06/00/2031 BJS Review 1ODay Order and draft response toThomas O'Andreare: 21-27517/Webb 0.60 00/10/2021 BJS Review release ofproperty forms and draft follow upcorrespondence to Greg Cafaro 0.50 06/14/2021 BJS Review property release forms 0.30 06/17/2021 BJS Telephone call with GneguryCofaro re: Funds, telephone call with JAC no: pending assignments/return of property, review and follow up re: PB8O 17-058806 1.20 06/18/2021 BJS Telephone call with Tom D'Andnao and follow upre: Forfeitures 0.50 06/21/2021 BJS Draft follow up correspondence to Tom D'Andrea re: forfeitures, and draft follow up correspondence to Greg Cefmro re: Return of Property PBS{J 17-O588O6. draft follow upcorrespondence re: State v. Co|ungo 8.90 06/22/2021 HN Review ofhearing notice demanding discovery )ncriminal case for Andrew Lopez. Review ofemail exchanges between Karl N1anscotta, Deputy Police Page 817 Of 1906 Page: 2 CITY OFBOYNTONBEACH 0701/2021 ACCOUNT NO: 308-9904950 STATEMENT NO: 30547 Litigation Miscellaneous HOURS Chief Vanessa Snow, and SHB. Discussion with defense counsel. Review ofthe government inthe sunshine manual related to118exemption of driver's license records, review ofSection 119,071. review ofthe federal driver's license act of1894. 1.80 BJG Follow up re: Drug Destruction Order, follow up re: Return ofPBS{} property .4U SHB Receive and review demand from criminal attorney re: DAVID records; discuss with ACSnow and HN. 0.60 06/23/2021 HN Preparation for hearing tomorrow re: defense counsel requesting an unnodnoted copy ofbody camera footage showing DAVID aunaen. left voice messages with Deputy Police Chief Snow and Karl N1areootte. Email exchanges with Karl. Phone discussion with Gteve8eaeo. Email toSteve Seaau. Further discussions with Steve. Phone discussion with Assistant State Attorney handling matter. Email exchanges with SHB' Karl K8oraooMo. and Deputy Police Chief Snow. Phone discussion with Karl, Review of201G K8OU. 2.30 SHB Various discussions and correspondence with HNand PID staff re: defense counsel demand for unnedaotedDAVID information. 0.60 06/24/2021 HN Preparation and attendance ofzoom hearing related hodefense counsel's attempt toget City toprovide screen ofDAVID through ademand for discovery inacriminal case. Phone call with defense counsel Steve Seaoo. Email exchange with Deputy Policy Chief Snow oo SHB informing of status of hearing. 1.30 06/29/2021 BJG Draft follow upcorrespondence re: Webb 0.3K0 FOR CURRENT SERVICES RENDERED 10.10 3'915.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAK8E8A. CHERC>F 1.80 $205.00 $368.00 MICHAEL D. C|RULLO 1.00 205.00 205.00 HE/g'HERNEEDELW1AN 5.30 205.08 1.088.50 SHANAH. BR|DGEK8AN 1.20 205.00 246.00 BRIAN J. SHERyWAN 9.80 205.00 2'009.00 Photocopies 21.35 TOTAL EXPENSES THRUUG/3O/2021 21.35 TOTAL CURRENT WORK 3.036.85 BALANCE DUE $3'838.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 818Of1906 GOREN. CHEROF. 00OOY & EZROL. P}� Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 ^� Telephone /954> 771-46O8 Pege: 1 CITY OFBOYNTONBEACH 0701C2021 1DOE. Ocean Avenue ACCOUNT NO: 306-8304150 Boynton Beach FL 33435 STATEMENT NO: 36545 Attn: Lynn Swanson Bankruptcy HOURS 08/23/2021 KLE Review documents from Lynn Swanson re: Washington Prime Group. 0.20 08/24/2021 KLE Emei|otoand from Lynn Swanson re: Washington Prime Group. 0.10 00/25/2021 KLE Email from and toLynn Swanson re: Washington Prime Bankruptcy. 0.10 06/28/2021 KLE Email from and tnLynn Swanson re: Washington Prime Bankruptcy. 0.20 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL, KERRY LEZROL 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 819Of1906 GOREN. CHERDF. O0OOY& EZROLP�� Attorneys at Law 3OQQEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54) 771-45O0 Page: 1 CITY C)FBOYNT{}NBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-9004036 Boynton Beach FL 33435 STATEMENT NO: 30548 Attn: Lynn Swanson adv. Olen Properties Corp., et al HOURS 06/02/2021 JAC Correspondence infinal review ofcase management plan; follow upreview ofcase status and discuss trial strategy with assistant CityAtbmrnay 1.60 FOR CURRENT SERVICES RENDERED 1.60 328.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHER[)F 1.60 $205.00 $328.00 TOTAL CURRENT WORK 328.00 BALANCE DUE $328.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 820Of1906 GOREN. CHEROF, DOOOY& EZRDLP.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (854) 771-450O Paga1 CITY DFBOYNTONBEACH 0701/2021 1O0E. Ocean Avenue ACCOUNT NO: 306'9001821 Boynton Beach FL 33435 STATEMENT NO: 36544 Attn: Lynn Swanson General Matters HOURS 06/01/2021 GB Reviewed and signed agreement. 0A0 UEyN Review and revise Security Camera Registration Program MOU; preparation ofemail correspondence hoDCSnow transmitting document. 1.90 HN Email hoAdam Temple re: sign code ordinance. 0.10 SHB Prepare for and attend commission meeting atCity Hall. 4.50 JAC Prepare for and virtually attend commission meeting; set up2U21-22 budget file; check statutes regarding same; review status of governor signed off on legislative bills affecting municipalities;Discuss tech runway lease agreement with Sean Schwartz; evaluate unauthorized boat ramp usage issues; discussed same with KonyYoung; 5.30 06/02/2021 GB Telephone conference call with City regarding amendment toChapter 1Oof the City Code. Legal research regarding definition ofbarge, commercial vessels, vessels, and commercial vehicles. Telephone conference call with JAC regarding drafting ordinance addressing damage toboat ramp mt Harvey Oyer Jr. Park. Drafted ordinance and email to JAC and City for review and approval. 2.70 <]EK8 Begin review ofAB&Tlicense issue for the Links etBoynton Beach Golf Course. 0.60 (]EW1 Review ofnotes and telephone conference with Mr. Ourgen re: |nvisio Agreement. 0.70 SMS Correspondences with staff related toFAULease and Oceanfront Park Easement with County. 0.30 KAMC [>nsite review oamabaryleases and execute aaneeded, review emai|son inqurieo regarding park encroachments. 1.60 JAC Review Harvey Oyer Park boat ramp issues and potential for additional code related restrictions onaccess and use; review liquor license issues and discuss with Quinton Morgan; review food catering contract; naviewPro champs property registration ordinance revisions 4.70 06/03/2021 C>EyN Finalize review ofAB&TLicense issue with the Links golf course; preparation ofemail correspondence toMs. Swanson re: matter. 0.60 SHB Office hours atCity Hall. Follow upre: reasonable accommodation matters. Review bid documents, Review chronic nuisance agreement and service packet and follow upwith Code and PD. Telephone conference with Temple and Pierre re: chronic nuisance mattn,e. Follow upre: method of distribution ofopioid settlement funds. 7.00 OEPW Review ofdocuments forwarded byMs. Swanson re: BBFRLP15Service Agreement; begin preparation oftermination correspondence oorequested. 1.60 SK8G Calls, correspondences, and review related toDeed error and window permit issue. 0.90 Page 821Of1906 Page: 2 CITY DFBDYNTONBEACH 0701/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 36544 General Matters HOURS 8W1S Correspondences onLake Ida ILA with Delray. 0.10 JAC Review and noted code provisions for Code rewrites concerning noise ordinance,Parks, sewer connection; research similar codes regarding mandatory sewer connections and research water service agreement and water service area restraints 5.20 06/04/2021 GB Email with City regarding changes toHarvey Oyer boat ramp ordinance. Email to JAC regarding revisions to draft ordinance. Telephone conference call with JAC regarding Harvey Oyer boat ramp ordinance. Edits to Ordinance. 0.80 C)EK8 Correspond with Ms. Swanson re: BBFRLP15Service Agreement cancellation; finalize correspondence for cancellation. 1.10 D8 Researched contest prize na|eaeo and waiver forms. Drafted Prize Acceptance and Release ofLiability form for Library Summer Kick-off Drone Race. Discussed Intracoastal park contractor with Risk and J.A.C. Drafted email n*: intracoaaba| park contractor. 1.80 HN Called Adam Temple re: sign code. 0.10 SHB Follow up re: pending agenda items. Follow upwith Cline re: City opioid expenses. Review ARPAregulation documents. 0.60 06/07/2021 DG Reviewed contractors proposal for Intracoastal Park access. Drafted access agreement for Intracoastal Park. Drafted email re: Intracoastal Park access agreement. Discussed Intracoastal Park access agreement with Parka. Finalized drone prize release. Drafted email toRisk redrone prize pe|emao. 2.70 8N18 Review ofcorrespondences, call with Developer's counsel and Prepare Estoppel Information for Development Agreement with 500 Ocean; Prepare for and attend meeting onFAUincubation Lease; Correspondences on Lake IDA ILA. 3.80 SHB Onsite review ARPAdocuments provided bvDavid Scott; attend ARPAstaff meeting, Follow upre: status ofbills signed bygovernor and update spreadsheet. Review legislative memoranda. 5.00 JAC Review mutual aid agreement; review pending city commission meeting agenda items; review regarding status ofPERC captains transcripts; review ocean 5OOissues; review American Rescue Plan back up; discuss use of funds issue with LLand research resame 3.60 06/08/2021 OS Coordinated the execution ofthe intnaooaaba| access agreement. Drafted ennmi| tocontractor re: access agreement. Discussed School Board of Palm Beach County concert event, PO/CRAevenL and Summer Camp waiver for therapist with Risk. 1.00 OEK8 Finalize correspondence canceling BBFRLP15Service Agreement. 0.60 HN Discussion with Adam Temple and left ovoice message for Mike Rumpfna: sign code ordinance. 0.10 SHB Dnsite review and approve various agenda items. 5.50 JAC Continue review ofpending commission agenda item requests; review revised abandonment issue concerning Geonost Boulevard; review draft memo concerning recording city commission meetings and boards; review updated chart oflegislative session outcomes and governors orders; 4.40 SMS Draft Estoppel for Developer's Agreement 5O0Ocean; Correspondences related boOceanfront Park Easement; Prepare Release ofUOT. 2.30 Page 822Of1906 Page: 3 CITY OFBOYNT0NBEACH 0701/2021 ACCOUNT NO: 306'9001821 STATEMENT NO: 30544 General Matters HOURS 06/09/2021 DS Reviewed email correspondence re: behavioral therapist atSummer Camp. Drafted third-party service provider hold harmless agreement. Discussed behavioral therapist services atsummer camp with City. Discussed third party hold harmless agreement with JAC JFK and Risk. 2.00 GB Read SB1O0- Public Recondo/Nu judicia| RecnrdofthoArnestofayWinor and 38274 -Juvenile Diversion Program Expunction and drafted memorandum regarding 8B1OOand its impact onthe City. Telephone conference call with HNand City regarding this matter. Legal research regarding responding to petition. 0.40 QEyN Begin review ofissue re: ARP funds usage. 0.30 JAC Finalize review of pending commission agenda items; research regarding park noise violations; review pending assignments to assistance Citw4ttorney'a; review availability ofARP funds/chilled water plant loss of revenue; review regarding closed door session conflict; review request for special event permit Harvey Oyer Park; review Govonnnaotaddendum; review art advisory board sunshine law issue; review stryker medical notice oftermination; follow upregarding Girl Scout park; 530 MDC [}nsite review documents and contracts and approve osneeded. 1.70 SHB Discuss Sunshine Law matters with Weiss. 0,10 SMS Review ofcorrespondences and final ILA 0,20 06/10/2021 OS Researched sexual abuse and molestation coverage. Revised behavioral services hold harmless agreement. Revised hold harmless agreement. Discussed behavioral therapist request with Risk. Reviewed and analyzed CRA Kids, oonna, and cops use agreement, Drafted email re: CRA Kids, cones, and cops use agreement. Drafted email re: intnaooaato| access agreement. 1.80 UEW1 Continue review ofissue re: ARP funds usage. 1.90 JAC Review status ofassignments ho aaaisbantCityAttorneyo.; review status of risk defense litigation cases; follow upRescheduling ufclosed doors, commission meeting issues, and staff pending issues with LG 4.70 08/11/2021 DG Drafted email re: |ntnenoueta| access agreement. 0.10 SHB Telephone conference with KrieheenmPinto re: PNC response tocontract revisions; correspondence toPNC re: proposed contract language. Drafting and revision: police legal memoranda arising from recently-passed legislation which affects law enforcement. 2.90 SW1G Review nfexisting Easements for water service inHypo|uxu 0.70 06/14/2021 SHB Attend executive team meeting. 0.50 HN Email exchange with Mike Rumpfregarding the sign code ordinance draft. Phone discussion with Mike. Review oflatest round of edits from Mike Rump[ Review ofthe current code and compared toworking draft ordinance. Email to Mike Rumpf. Adam Temple and Lynn Swanson the most recent version ofthe ordinance. 1.80 QEyW Review and follow-up on status ofSecurity Camera Registration Program and EZGOAgreements with K8a. Swanson; review ofupdate from W1e. Swanson. 1.20 DG Reviewed GovConnoctiunaQuote. Drafted updated GovConneotione Addendum. Discussed Addendum with Library. 0.40 (]EW1 Correspond with Mr. Clark re: Library Advisory Board. 0.30 SMS Review ofHypo|uxoEasement documents; Correspondences related to0A year Lease with Church ofGod. 3.40 Page 823 Of 1906 Page: 4 CITY OFBOYNTONBEACH 0701/2021 ACCOUNT NO: 306'9001821 STATEMENT NO: 36544 General Matters HOURS JAC Agenda conference with staff; call with LL regarding Park issues and other pending matters; Review community development block Grant sub recipient agreement; Review status ofassistance{}ityAtornayassignments; naoeennh regarding release oflien issue; research cemetery ownership issue 3.70 06/16/2021 SK8G Review revisions and Zoom Meeting for FAU incubator space; Review of Easement revisions with Public Storage noa| estate investment trust; Review Facility Use Agreement. 3.10 OEK4 Review and evaluation nfCommunity Development Block Grant Sub-Recipient Agreement funding issue; draft language toadd hn agreement and coordinate same with Ms. Swanson. 0.80 SHB Receive and review various correspondence re: police PRRinquiry; follow upwith Laverriereand PD. Follow upwith Oldbury re: HUD/ADA matters. Receive and review PDresponse toOIG inquiry; follow upwith PDand City Manager re: submitting response to (}|G. (}ffion hours atCity Hall, Discuss PNC golf cart finance matters with JAC and City staff. Discuss ARPA matters with JAC. Begin review ofbid documents. Attend City Commission Meeting. 12.00 JAC Prepare for and virtually attend city commission meeting virtually; follow up regarding town square issue raised otmeeting 5.30 06/18/2021 8W18 Review ofFacility Use Agreement for Beer, Wine, and Food Fest. 0.90 OS Onahnd Gale Addendum. Discussed gale Addendum with Library. Finalized third party service provided hold harmless agreements. Drafted email re: hold harmless agreements. 1.10 C)EPW Review and evaluation ofdocuments provided byMs. Swanson re: BBFR 2O-21EMS Grant for EPCRTablet Purchase; preparation ofresponse hm Ms. Swanson re: matter. 1.80 MDC (}nsite review documents approved at Commission meeting, approve am needed. 1.40 SHB Discuss development map accessibility matters with staff; various correspondence; review nd review disclaimer and notice language for websites. 1.00 JAC Review Leiaurevi||eseawall issue and proposed memorandum Vf understanding; research concerning use of public funds for private property and public need; review status of dog abuse case; review security camera registration program and OK8correspondence regarding same; research ARPA funding and chilled water shortfall in revenue issue; city commission meeting follow up; review status ofmobility fee/County 5.20 06/17/2021 HN Review ofSB7Ore: domestic violence centers and its staff legislative analysis. Drafted global memo and emailed to SHB for review. 0.30 JAC Review pending matters inassignments with LS; review and approve temporary employment document; follow up regarding city clerk and question concerning use itfor future funds; 0.80 GyWS Call with staff todiscuss Facility Use Agreement and revise Agreement; Review ofInsurance provisions for FAULease. 0.80 06/18/2021 DS Reviewed and analyzed Section 768.28. Florida Statutes and related Attorney General opinions. 0.70 Page 824Of1906 Puge: 5 CITY {)FBOYNTONBEACH 07@1/2021 ACCOUNT NO: 300-9001821 STATEMENT NO: 36544 General Matters HOURS JAC Call with KacyYoung regarding city facility usage for Commissioner sponsored event; Research regarding Reverter clause in land development regulations; review request for publication; research correspondence regarding Masons Lodge cornerstones commitment; review status ofsign Calgary right; review status of assistant city attorney assignments and correspondence 4.70 SHB On site review and sign various contracts and agreements. Begin drafting memo no: opioid matters. 4.00 BJS Draft legislative update memorandums, review pending |egia|mUnn' review legislative analysis re: HB 6095 0.30 08/21/2021 HN Review and edits ofsign code ordinance. Comparison ofcurrent code and edits where inconsistent, Email exchange with Mike Rumpt Discussion with Mike Runnpf. Revised ordinance and emailed to Mike Rumof. Left voice message for Mike Rumpf. 1.80 O8 Researched municipal lien oeennhmo inf|oridostatutes, attorney general opinions, and 2021 legislative session. 0.90 SHB Complete review reasonable accommodation agreements and related legislation and follow up with Rump[ 1.50 8PW8 Review letter ofengagements and Water Service Agreement with South Palm Beach; Review ofrevisions for FAU Incubator Lease. 3.70 06/22/3021 HN Review ofdraft sign ordinance and phone conference with JAC. 1.20 O8 Reviewed Behavioral Strides comments oD hold harmless agreement. 0.90 GK8S Call with staff horeview Public Storage Easements and revisions tnthe Agreement; Call with staff todiscuss Hypo|uxoEasements; Additional revisions tothe FAUIncubator Lease atCity Hall 2.20 JAC On-site Office administration issues; review budget allocations; review notices and staff requests for legal opinions; discuss sign code issues with HNand modify draft ordinance 4.00 SHB Complete review ofbid document and follow up with City. 0.30 00/23/2021 SMS Review Correspondences and Exhibit Aofthe FAULease Agreement 0.20 DG Revised Behavioral Strides Hold Harmless Agreement. 0.20 JAC Review pending agenda requests; oon[with W1CpeS.Simspark title issue; prep reACATTYassignments 2�00 MDC Onsite review statutes and FAC relating to notice and review draft ; review published ad for housing plan update hearing. 1.00 QEK8 Preparation for and attend Library Board meeting. 2.20 SHB Telephone conference with Joni Hamilton from Boca re: NO/Vap|auh screen language for Acce|Adaptcontract matters. 0.30 06/24/2021 SHB Receive and review various correspondence re: public records exemption matters; review statutes,jobdescription, and voice mail message from resident. Follow up with Goodrich and Mack. O.80 JAC Review incoming agenda items; research and Conference regarding supervisor ofelections request for modification ofqualifying dates;Preparation regarding CAL budget presentation; review status of assistance CityAttorney assignments; review McFadden case status report with GB 4.20 GK8G Review ofdistribution map, plats, and existing easements hnmatch against necessary Hypn|uxowater distribution easements. 1.48 08/25/2021 DS Revised behavioral strides hold harmless agreement, Discussed hold harmless agreement with Risk. 0.70 Page 825 Of 1906 Paoe: G CITY DFBOYNTONBEACH 0701/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 30544 General Matters HOURS SMS Response related to Easement Agreement with Public Storage; Research case law related topublic right ofway/access easement. 1.50 SHB Research re: method for allocating opioid settlement funds; contact AGO for additional documentation. Revise memo re: allocation offunds. 1.50 JAC Agenda item review; review Assistant City Attorney assignments and audit pleadings and correspondence. 3.50 06/28/2021 HN Left voice message for Mike Rumpfregarding status ofsign code ordinance. 0.10 SN16 Review Hypo|uxoprivate developments; Correspondences ofwater distribution system and related developments; Review existing easements for necessary additional easements inHypn|uxobased onbill ofsale for water distribution system. 4.20 BJS Telephone call with Lynn Swanson and follow upre: Mobile Food Vendors, legal research, and follow upwith City staff 1.30 SHB Office hours otCity Hall, Attend meeting re: ADA and reasonable accommodation matters, Review status of bills signed bygovernor and update spreadsheet. Review and revise legislative memoranda, Research re: pending substance abuse, building, and code legislation and follow up with staff. 5.40 JAC Review agenda submittals; prepare and co|| re: special assessments; conference call re: Ocean Ridge; review pending assignments with LGand Assistant City Attorney; review water service with PBC fire station; follow up with ARre: developer's agreement form and format. 5.50 06/20/3021 SMG Zoom conference call toreview Lease Agreement with FAUand revisions to Agreement; Correspondences and review of template for Opinion of Title from Public Storage; Call with staff on Existing Utility Easements; Correspondences related b>questions posed onLegislation Bills tobe enacted. 3.10 JAC Review and approve agenda items. 3.30 SHB Follow upre: status ofbills signed byGovernor; update tracking sheet. Review and n*v|oe memoranda. Receive and review subpoena for records; follow upwith HR. Receive and review municipal ordinance documents. 1.00 86/30/2021 BJG SHB Review updates re: Governor's latest action on 2021 legislation; update tracking spreadsheet. Review and revise additional legislative memos. 0.60 8PWS Research and drafting ofLegislation Memoranda related toadditional questions posed onA|PPand Mural Ordinances; Review Grant Agreement for Tech Runway program; Correspondences with Risk Management on CD( requirement for FAU. 3.30 JAC On-site oonfwith LG re: pending rnatbam; documontneviaw/neoearoh re Town Square issues; prep for Comm meeting; telephone oonfre: Mangrove Park lease options; review re LORn*vioona-dnve|npment agreements; review transfer ofland options 6.20 FOR CURRENT SERVICES RENDERED 220.00 45.100.00 Photocopies 30.80 TOTAL EXPENGESTHRU 00/30/2021 30.80 Page 826Of1906 Page: 7 CITY OF BOYNTON BEACH 07/01/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 36544 General Matters TOTAL CURRENT WORK 45,130.80 BALANCE DUE $45,130.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 827 of 1906 GDREN. CHEROF. 00OOY& EZROLP�\ Attorneys at Law 8OQQEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 -~----/ Telephone (QS4) 771-45DU Puge: 1 CITY[}FBOYNTONBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 30543 Attn: Lynn Swanson Red Light Cameras HOURS 06/08/2021 SHB Various amei|o'caUe. and discussion re: settlement payment from attorney Daniel Rose. Review records and prior correspondence re: previous settlement payments. 1.00 08/09/2021 SHB Follow upwith Hawkins re: status ofcase/settlement payment matters. 0.10 06/14/2021 SHB Review and approve NU|a. 0.10 PE Sort organized and prepared notices for 8/22/2021 hearing. Converted to PDF/4. Sent prose notices toprinter for mailing, 2.30 FOR CURRENT SERVICES RENDERED 350 533.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANAH. BF<|DGEK8AN 1.20 $205.00 $246.00 PATRICIA EUGENE 2.30 125.00 287.50 TOTAL CURRENT WORK 533.50 BALANCE DUE $533.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 828Of1906 GOREN' CHEROF' DOODY& EZRDL. P.A. Attorneys at Law 3OQAEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone (854) 771-45OO Pago: 1 CITY OFBOYNTONBEACH 0701/2021 1UOE. Ocean Avenue ACCOUNT NO: 306-0603180 Boynton Beach FL 33435 STATEMENT NO: 36542 Attn: Lynn Swanson LABOR -Genera| HOURS 06/01/2021 SHB Telephone conference with Oldbury re: employee alcohol test matters. 0.20 06/04/2021 SHB Telephone conference with Oldbury re: FK8LAmatters; review draft correspondence and follow upwith Oldbury, 0.30 08/18/2021 SHB Review pre-documentation re: Tyson matter; discuss with DG. 0.70 FOR CURRENT SERVICES RENDERED 1.20 246.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL. SHANAH. BR|DGEW4AN 1.20 $205.00 $246.00 TOTAL CURRENT WORK 246.00 BALANCE DUE $246.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 829Of1906 GOREN. CHEROF. DOOOY& EZROL' P�� Attorneys at Law 3O99East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54) 771-450O Page: 1 CITY OFBOYNTDNBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-0005370 Boynton Beach FL 33435 STATEMENT NO: 36541 Attn: Lynn Swanson Special Fire Assessment HOURS 06/30/2021 K8OC Review materials relating toproposed rates for FY21 assessment, begin preparing Preliminary Resolution for FY21. 0.90 FOR CURRENT SERVICES RENDERED 0.90 184,50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL. MICHAEL O. C|RULL[) 0.90 $205.00 $184.50 Photocopies 16.45 TOTAL EXPENSES THRUOG/3O/2O21 10.45 TOTAL CURRENT WORK 200.05 BALANCE DUE $200.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 830Of1906 G0REN' CHEROF. ODOOY& EZROL. P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954) 771-45O8 Page: 1 CITY {}FB{JYNTONBEACH 0701/2021 1UOE. Ocean Avenue ACCOUNT NO: 306'9905549 Boynton Beach FL 33435 STATEMENT NO: 36574 Attn: Lynn Swanson adv FEDER|CK' Carolyn Billing Category: 18- RLD Claim#21851388 HOURS 08/03/2021 GB Telephone conference call with City and Tristar regarding claim and moving forward. 0.80 06/04/2021 |R Prepared updates bothe City ofBoynton Beach, onthe RLOchart; 040 FOR CURRENT SERVICES RENDERED 1.20 214.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.80 $205.00 $164.08 |NGR|D R|ERA 040 125.00 50.00 TOTAL CURRENT WORK 214�00 BALANCE DUE $214.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 831 Of 1906 GDREN, CHEROF. DOOOY & EZROL. P.A` Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone (054) 771-4500 Page: 1 CITY OFBDYNTDNBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-9805570 Boynton Beach FL 33435 STATEMENT NO: 36540 Attn: Lynn Swanson adv VV|NDGTREAK8PROPERTY DAMAGE /OU|: 1O/2O/2O\ HOURS 06/18/2021 |R Receipt and review ofemail from administrative anoinbant, regarding new matter information; preparation ofupdates tnthe City ofBoynton Beach's Active File tracking matters; preparation of tickler to obtain status from the City in3Oand 8Odays; 0.30 FOR CURRENT SERVICES RENDERED 0.30 37.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL \NGR|DR|ERA 0.30 $125.00 $37.50 TOTAL CURRENT WORK 37.50 BALANCE DUE $37.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 832Of1906 GOREN. CHEROF. DUODY & EZROL. P}� Attorneys at Law 3O89East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (054) 771-450O -�---� PoQe: 1 CITY OFBOYNT{}NBEACH 07/01/2021 ACCOUNT NO: 306-9905561 1OOE� C)maanAvonu� � Boynton Beach FL 33435 STATEMENT NO: 38539 Attn: Lynn Swanson adv Norwood, Michael (Slip and Fall accident 3/4/2O21) Billing Category: 18 - RLO Claim# HOURS 06/08/2021 \R Receipt and review ofemail from Richard |gnoffo; reviewed ennei\from counsel for Michael Norwood; preparation ofupdates hothe City's Trial Witness and Subpoena Duces Tecumtracking chart; preparation ufemail hz litigation haam, regarding previously received notification of initial advisement of potential new litigation, along with this latest notification from the City; 0J0 FOR CURRENT SERVICES RENDERED 070 87.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL \NGR|DR|ERA 0.70 $125.00 $87.50 TOTAL CURRENT WORK 87.50 BALANCE DUE $87.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 833Of1906 GOREN, CHEROF. DOODY& EZRDL. P�� Attorneys at Law 3098 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771'45DO Paga: 1 CITY{}FB{}YNT[JNBEACH 07/01/2021 100E. Ocean Avenue ACCOUNT NO: 306'9005553 Boynton Beach FL 33435 STATEMENT NO: 36538 Attn: Lynn Swanson adv. Miley, Cynthia and McCormick, LaToya (MVA COBB Utility Vehicle#2150 jumped curb and hit parked car of Cynthia Billing Category: 18 ' RLD Claim#21844057 HOURS 06/22/2021 GB Telephone conference call with City and Worker's Compensation attorney regarding matter and strategy. Received and reviewed R|mkue report in preparation for call. 0.90 FOR CURRENT SERVICES RENDERED 0.90 184.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GALBETE8H 0.90 $205.00 $184.50 TOTAL CURRENT WORK 184.50 BALANCE DUE $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 834Of1906 G0REN. CHERDF, DUOOY& EZROL. P�� Attorneys at Law 3OADEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone (Q54) 771-45OO Pmge: 1 CITY [)FBOYNTDNBEACH 07/01/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-9905498 Boynton Beach FL 33435 STATEMENT NO: 36537 Attn: Lynn Swanson adv. Clemons, Latoaha (Personal Injury Injury from a Public Art K8una| and It's Unveiling) Billing Category: 18 - RLO Claim#20820231 HOURS 08/04/2021 GB Meeting with JACand MDC regarding case status and strategy moving forward. 0.20 06/11/2021 GB Legal research regarding can ecity act with malice. Legal research for motion tndismiss Amended Complaint. Emai|swith opposing counsel regarding filing exhibits b)Amended Complaint. Telephone conference call with SHB regarding cases found for Motion toDismiss. Began drafting Motion toDismiss Amended Complaint. 1.70 SHIB Discuss case matters with GB. 0.10 06/17/2021 GB Legal research, drafted and had filed Motion toDismiss orStay Amended Complaint. 3.90 |R Receipt and review ofemail from Palm Beach Circuit Court E-fi|ingclerk; reviewed City of Boynton Beach's Motion to Qiamiea. or Stay Plaintiffs Amended Complaint; 0.20 FOR CURRENT SERVICES RENDERED 6.10 1.234.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GALBETEGH 5.80 $205.00 $1.188.00 SHANA H. BR\DGEW1AN 0.10 205.00 20.50 INGR(DR|ERA 0.20 125.08 25.00 TOTAL CURRENT WORK 1'234.50 BALANCE DUE $1.234.58 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 835Of1906 GOREN' CHE0]F. 00ODY& EZROL' P�� Attorneys at Law 3OQ0East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (854) 771-45OO Paga: 1 CITY{}FBOYNPONBEACH 07/01/2021 1OOE. Ocean Avenue ACCOUNT NO: 308-8805490 Boynton Beach FL 33435 STATEMENT NO: 36530 Attn: Lynn Swanson adv. Zomudio. Christian Va|enzue|o (M\A\ Billing Category: 18- RLD Claim#20818365 HOURS 08/10/2021 GB Email to City regarding claim and next step. 0.10 06/21/2021 GB Reviewed file and drafted demand letter. Email toCity attaching demand letter for review and approval. 0.50 FOR CURRENT SERVICES RENDERED 0.00 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.60 $205.00 S123.00 Photocopies 0.35 TOTAL EXPENSES THRUUG/3O/2O21 0.36 TOTAL CURRENT WORK 123.35 BALANCE DUE $123.35 ---' AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 836Of1906 GOREN. CHERDF, DOUDY& EZROL. P�� Attorneys at Law 3UQ0East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (A54) 771-450O Page: 1 CITY{}FBOYNTONBEACH 0701/2021 1OUE. Ocean Avenue ACCOUNT NO: 306-9005480 Boynton Beach FL 33435 STATEMENT NO: 36535 Attn: Lynn Swanson adv. Bible Church of God (Property Damage/Fiber OptioCab|e) Billing Category: 18 - RL0 Claim#19792048 HOURS 06/08/2021 GB Email with City regarding bad faith |etter. 0.10 06/28/2021 GB Begun reviewing file and drafting bad faith letter. 0.90 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL= GAL BETEGH 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 ---' AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 837 Of 1906 GDREN. CHEROF. OD0UY & EZRDL. P�� Attorneys at Law 3008 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone (Q54) 771-45OO ~�~— Page: 1 CITY DFBOYNTONBEACH 0701/2021 1ODE. Ocean Avenue ACCOUNT NO: 306-0005478 Boynton Beach FL 33435 STATEMENT NO: 36534 Attn: Lynn Swanson adv. Green, Paul F. MVA(Subrogation State Farm Mutual Automobile Insurance Co.) Billing Category: 1O - RLO Claim# HOURS 06/24/2021 GB Legal research regarding statute of limitation for subrogation of PIP claim. 1.00 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURSHOURLY RATE TOTAL GAL BETESH 1.00 $205.00 $205.00 TOTAL CURRENT WORK 205.00 BALANCE DUE $205.00 ---' AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 838Of1906 GOREN. CHEROF. DOODY& EZRDL. P�� Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (Q54) 771-45OU Poge: 1 CITY DF8OYNTONBEACH 07/01/2021 1OOEOcean Avenue ACCOUNT NO: 306-0905462 Boynton Beach FL 33435 STATEMENT NO: 36533 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge ofDiscrimination) Billing Category: 18 ' RLO Claim#20806974 HOURS 06/04/2021 |R Receipt and review email from Rochelle Richards with Landrum Professional Employment Services. 0.20 GB Meeting with JAC and MDC regarding case status and strategy moving forward. 0.20 06/10/2021 |R Receipt and review ofemail from Rochelle Richards, regarding the payment for subpoenaed employment records ofEwa Capobianco; researched the status of updates regarding same by the City; preparation of email to firm administration; prepared email to Richard |gnoffo' regarding payment for the subpoenaed records; conferences with firm administrator regarding advancement ofcost to pay Landrum; reviewed email from Richard |QnoMh; preparation ofemai|stoLynn Gwanaon.. toupdate; prepared tickler to respond toRochelle Richards atLandrum. 1.30 06/11/2021 |R Receipt and review ofernoi|ofrom R. |gnofforegarding Landrum payment for employment records ofPlaintiff, at Guardian Credit Union; receipt and review ofemail from Jone|eLuma; prepared tickler for June 2S' 2D21. 0.70 FOR CURRENT SERVICES RENDERED 2.40 310.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.20 $205.00 $41.00 |NGR|DR|ERA 2.20 125.00 275.00 Photocopies 3.60 TOTAL EXPENQE8THRU 06/30/2021 3.50 TOTAL CURRENT WORK 319.60 BALANCE DUE $319.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 839Of1906 GOREN. CHEROF. DOODY& EZROL, P.& Attorneys at Law 3099East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone(954) 771-45U0 Page: 1 CITY{}FBCMNTONBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-9905459 Boynton Beach FL 33435 STATEMENT NO: 36532 Attn: Lynn Swanson adv. Cantrell, Wanda (Trip and Fall) Billing Category: 18 - RLO Claim#20805293 HOURS 08/18/2021 GB Telephone conference call 8.20 06/22/2021 GB Prepared for meeting with City regarding matter, reviewed investigator report and police report. Met with C|b/in order to strategize how to proceed. 1.50 06/25/2021 GB Reviewed report by Tristar. Legal research regarding pre existing condition's effect on liability. Email to City regarding claim and legal research. 1.08 FOR CURRENT SERVICES RENDERED 2.70 553.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SALBETESH 2.70 $205.00 $553.50 TOTAL CURRENT WORK 553.50 BALANCE DUE $553.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 840Of1906 GDREN. CHEROF, DOODY& EZROL' P./\ Attorneys at Law 3098 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333OO Telephone (9S4) 771-45OO ------� ^~--~ Page: 1 CITY[)FBOYNTONBEACH 07/ 1/2021 1U8EOcean Avenue ACCOUNT NO: 300'9905423 Boynton Beach FL 33435 STATEMENT NO: 36531 Attn: Lynn Swanson adv Mata ChomvadiInc' Homing Inn Federal Lawsuit Billing Category: 18- RLD Claim#19780873 HOURS 06/02/2021 MDC Continue work onAnswer Brief. 3.10 CLD Researched docket online to find missing appendix items; forward to MDC. 0.30 00/03/2021 CLD Review nfHoming Inn's appendix(ofind DE80, 8O'1 and 8O-2; researched 11thCircuit Court ofAppeals rules re: supplemental appendix; began drafting supplemental appendix. 1.00 CLO Continued drafting Supplemental Appendix; reviewed appendix for missing docket entry. 0.40 MDC Continue preparing Answer Brief. 1.00 06/04/2021 G0 Conversations with MDC regarding response brief and Appellants argument regarding standing, Reviewed standing argument made by Appellants in Initial Brief. 0.80 MDC Continue preparing Answer Brief. 4.20 06/07/2021 MDC Continue preparing Answer Brief. 3.50 06/08/2021 MDC Continue reviewing oame|awand revising Answer Brief. 0.80 06/09C3021 PWUC Continue Answer Brief. 1.80 06/14/2021 MDC Review cases and continue preparing Brief(injunction iaaues). 0.60 06/15/2021 MDC Review Federal cases cited inInitial Brief incontinuing toprepare Answer Brief. 0.40 06/16/2021 MDC Continue preparing Answer Brief; review logistics of filing copies of Brief and Appendix. 2�50 CLD Phone call to Atlanta clerk confirming court requirements for paper delivery of brief and appendix; phone na||a to local printing company for printing, binding, and shipping ufbrief and appendix, including cost proposal; research 11thCircuit Court ofAppeals rules and local rules regarding form atting/|oyoutofanswer brief and supplemental appendix. 3.00 08/17/2021 MDC Continue work onAnswer Brief; miscellaneous research and review of ceoe|awonAppeal matters; confer with Gal Beteahoninjunction iaaueo; updateJAC; review materials and draft index for supplemental appendix; Page 841Of1906 Pege: 2 CITY OF BOYNTON BEACH 0701/2021 ACCOUNT NO: 305'9905423 STATEMENT NO: 36531 adv Mata ChonwadiInc- Homing Inn Federal Lawsuit HOURS review logistics of filing briefs in Ad|anba, including printing and delivery. 3.38 CLD Continued making revisions to Answer Brief, including updating Certificate of Compliance to match 11th Circuit's rules. 2.50 06/18/2021 MDC Continue to prepare Answer Brief; review and revise Supplemental Appendix. 3.60 GB Read and made edits toAnswer Brief. 2.80 CLD Correspond with Lynn Swanson re: logistics of payment for printing/shipping costs; continued comprehensive search of 1 1th Circuit's rules and the local rules regarding the Answer Brief and the Supplemental Appendix filings; follow up phone calls to 11th Circuit clerk; revisions made toAnswer Brief; finalized Supplemental Appendix. 5.70 06/21/2021 MDC Continued review and revisions hnAnswer Brief; review and confirm final appendix; confer with Cindy Dunn onfiling logistics. 2.38 CLO Finalized Answer Brief, including Table ufAuthorities; last review of Supplemental Appendix; |eet review ofrules with MDC; corresponded with CopyScan to confirm printing/binding/shipping. 2.20 00/22/2021 MDC Review and make final edits to Brief and Appendix; review status of printing and filing ofmaterials with the Court. 1.10 CLD E-fi|edAnswer Brief and Supplemental Appendix; review ofdocket; transmittal ofcourt-stamped documents toCopy8oanfor printing/binding/shipping. 0.50 GB Email with MDC regarding updating Tristar and City on appeal. Drafted letter toCity regarding appeal status, Email letter toMDC for review and approval. 1.20 06/23/2021 CLD Review ofcourt docket re: JACappearance; researched form and drafted Notice of Appearance; confirmed online delivery of paper copies of Answer Brief and Supplemental Appendix; researched rules for Reply Brief deadline. 1.20 MDC Follow up to ensure filing completed; review and revise letter to City to update onlitigation. 0.30 06/24/2021 GB Email with MDC regarding edits to letter to Ci* regarding update to appeal. Made edits pursuant toMDC'ocomments. 0.30 FOR CURRENT SERVICES RENDERED 50.30 8.867.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL~ MICHAEL D. C|RULLO 28.40 $205.00 $5'822.00 GAL BETESH 5.10 205.00 1.045.50 CYNTHIA L. DUNN 16.80 125.00 2.100.00 Photocopies 128.45 TOTAL EXPENSES THRU 00/30/2021 128.45 06/29/2021 Printing and binding CnpySoanTechnologies 185.97 Outside Copying 185.97 Page 842Of1906 Page: 3 CITY OFBOYNT0NBEACH 07/ 1/2021 ACCOUNT NO: 306-9905423 STATEMENT NO: 36531 adv Mata ChonwadiInc' Homing Inn Federal Lawsuit TOTAL ADVANCES THRUO6/38/2U21 185.87 TOTAL CURRENT WORK 9.281.02 BALANCE DUE $0.281.92 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 843Of1906 GOREN. CHEROF. DOODY & EZRDL. P.A. Attorneys at Law 3OQQEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (Q54) 771-45OO Page: 1 CITY OF8OYNTONBEACH 0701/2021 1U0E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 30530 Attn: Lynn Swanson adv. McFadden, Patrick (K9Injuries) Billing Category: 18 - RLO Claim#19779868 HOURS 06/81/2021 GB Continued case law research for Motion for Summary Judgment and continued drafting Motion for Summary Judgment. 2.80 00/02/2021 GB Edits bnMotion for Summary Judgment. 1.30 00/03/2021 GB Continued working onMotion for Summary Judgment making edits and reading relevant case law. Reviewed file and body cameras for statement nf material facts. 4.30 00/04/2021 CLD Drafted Motion directing the Clerk ofCourt toconventionally file video exhibit; drafted proposed order re: same, 0.70 GB Meeting with JACand MDC regarding case status and strategy moving forward. Reviewed and edits toMotion toConventionally File Exhibit to [Notion for Summary Judgment. Legal Research for Motion for Summary Judgment. 1.50 06/07/2021 GB Continued drafting and editing Motion for Summary Judgment and Statement ofMaterial Facts. 4.70 06/08/2021 GB Finalized Motion for Summary Judgment and Statement of Material Facts. Emails with opposing counsel regarding motion to file video conventionally and proposed order granting motion. Had for Summary Judgment and Statement nfMaterial Facts filed. 2.10 |R Receipt and review ofemail from Court E-Filing Docket clerk; review ofMark Sohn'a First Motion for Summary Judgment; prepared tickler for Plaintiff's response tosame by0.22.21; receipt and review ofemail from E-Filing Docket clerk; reviewed Defendant. 8ohn'a Statement ofMaterial Facts, with 14 oeba of exhibits to Gohn'o Motion for Summary Judgment; receipt and review ofGohn'a Motion for Order Directing Clerk to accept audio and video exhibits, insupport ofhis Motion for Summary Final Judgment[DE 32]; receipt and review ofemail from E-Filing Docket clerk; reviewed the City of Boynton Beach's Motion for Summary Final Judgment[DE 34]; receipt and review of the City of Boynton Beach's Statement of Material Facts in Support of Its Motion for Summary Final Judgment, with review of 12 oeha of exhibits insupport thereof; 1.70 06/09/2021 BB Drafted letter tnCity and Tristar re: update ufcase and arguments nnMotion Page 844Of1906 Page: 2 CITY{}FBDYNTONBEACH 0701/2021 ACCOUNT NO: 306-9805421 STATEMENT NO: 36530 adv. McFadden, Patrick (KQInjuries) HOURS for Summary Judgment. 8.60 06/14/2021 GB Prepared for closed door preparation meeting with JAC and SHB. Telephone conference call with JAC and SHB inpreparation for closed door meeting. 1.50 JAC Pre-close door and pre-mediation conference with Gal Beieahand Shana Bridgeman 1.00 SHB Review most recent case update toclient. Telephone conference with JAC and GBre: case matters and closed door session. 1.58 06/15/2021 GB Prepared for and attended closed door session. 2.10 JAC Virtual attendance at closed or session regarding status of case, litigation etnategy, and direction for mediation; Follow up regarding same 1.40 06/16/2021 GB Drafted mediation statement and had sent tomediator. Telephone conference call with City regarding mediation. 1.70 06/18/2021 GB Prepared for and attended mediation. 3.00 06/21/2021 GB Telephone conference call with opposing counsel regarding Plaintiff's request for extension oftime torespond toMotion for Summary Judgment. Edits toPlaintiff's proposed order granting extension oftime. 0.50 06/22/3021 GB Emai|owith opposing counsel regarding agreement onCity's request for extension of time to file a reply to Plaintiff's response to Motion for Summary Judgment. Meeting with MDC regarding motion. Drafted Motion and email to MDC for review. 0.60 08/23/2021 MDC Review and revise Motion for Extension ofTime for City Reply. 0.30 06/24/2021 GB Email to MDC regarding edits to Motion for Extension of Time to File Reply to Plaintiff's Response to Motion Summary Judgment. Drafted proposed order granting Motion, Made edits to Motion pursuant to MOC'aoommentn and had documents filed with the Court, Email and telephone conference call with JAC regarding mediation update and strategy moving forward. 0.80 08/28/2021 GB Drafted case update to tristar advising of impasse at mediation and trial set. 0.30 --' - --- FORCURRENTSERVICESRENDEREU 34.50 6.880.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL. JAMES/\. CHER0F 2.40 $205.00 $402.00 MICHAEL D. C|RULLO 0.30 205.00 61.50 GAL BETESH 27.00 205.00 5.719.50 SHAN/\ H. BR|O6Ek8AN 1.50 205.00 307.50 CYNTHIA L. OUNN 0.70 125.00 87.60 |NGR|DR|ERA 1.70 125.00 212.50 Photocopies 140 TOTAL EXPENSES THRUOG/3O/2O21 1.40 Page 845Of1906 Page: 3 CITY{>FBOYNTONBEACH 0701/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 36530 adv. McFadden, Patrick (Kg Injuries) TOTAL CURRENT WORK 6`881.90 BALANCE DUE $6.881.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 846Of1906 GDREN. CHER0F. DODDY& EZROL. P.A. Attorneys at Law 3OQQEast Commercial Boulevard ' Suite 200 Fort Lauderdale, Florida 333DO �~ ) .�� Telephone (Q54) 771-45OO Pago: 1 CITY DFBOYNTONBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 300-8905404 Boynton Beach FL 33435 STATEMENT NO: 36529 Attn: Lynn Swanson adv. Riebman. Scott(Trip and Fall) Billing Category: 18 ' RLD Claim#19768833 HOURS 06/24/2021 GB Legal research regarding claim of deceased person. Looked up docket for case filed by claimant but never served on City, Telephone conference call with Tristar regarding legal research and docket. 0.70 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL` GALBETEGH 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 847Of1906 GOREN. CHEROF. DOODY& EZRDLP.A. Attorneys at Law 30S9East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (A54) 771-45OU - Paga: 1 CITY(}FBOYNTONBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 306-9805389 Boynton Beach FL 33435 STATEMENT NO: 36528 Attn: Lynn Swanson adv. K8oyan. Roaa|ine (RL[)) Billing Category: 18- RL0 Claim#19754303 HOURS 06/83/2021 G8 Email toopposing counsel regarding Lawrence Allen's deposition. 0.10 06/04/2021 GB Meeting with JACand MDC regarding case status and strategy moving forward. 0.20 08/10/2021 GB Prepared for Lawrence Allen's deposition, reviewed file and drafted outline. 2.20 00/11/2021 G8 Telephone conference call with City regarding Lawrence Allen's deposition. Prepared for Lawrence Allen's deposition. Attended Lawrence Allen's deposition. 2.60 06/25/2021 GB Began reviewing and summarizing Lawrence Allen's deposition. O.#O FOR CURRENT SERVICES RENDERED 5.70 1.168.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL= GAL BETESH 5.70 $205.00 $1'168.50 06/39/2821 DepoVeritext 317.60 Qepo 317.80 TOTAL ADVANCES THRUDO/3O/2O21 317.60 TOTAL CURRENT WORK 1.486.10 BALANCE DUE $1.486.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 848Of1906 G{}REN. CHEROF. DOODY& EZRDL. P�� Attorneys at Law 3O9SEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333OB Telephone (054) 771-45U0 Page: 1 CITY OFBOYNTONBEACH 0701/2021 1UOE. Ocean Avenue ACCOUNT NO: 306-9005360 Boynton Beach FL 33435 STATEMENT NO: 36527 Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18 - RL0 C|aim#OO147OOD1UO5EP HOURS 06/02/2021 GB Email with opposing counsel regarding discovery. 0.10 86/03/2021 G8 EnnmUuvMth opposing counsel regarding deposition. Began drafting motion to compel outstanding discovery. 0.40 06/04/2021 GB Drafted and had filed Motion to Compel Discovery. Emoi|avvith opposing counsel regarding outstanding discovery and depositions, Meeting with JAC and MDC regarding case status and strategy moving forward. 1.20 |R Receipt and review ofemail from Palm Beach E-Filing Clerk and review of Motion toCompel Discovery: retrieved online court docket for discovery status; reviewed Plaintiff's and family members; downloaded background searches ofPlaintiff's family members; 0.60 08/07/2021 8B Emails with opposing counsel and CID regarding motion to compel discovery. 0.40 00/09/2021 G8 Emai|awith City regarding upcoming depositions. 0.38 06/28/2021 8B Received and reviewed documents in response to Subpoena Duces Tecum from Absolute Bail Bonds LLC. 0.20 FOR CURRENT SERVICES RENDERED 3.20 608.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL` GAL BETESH 2.60 $205.00 $533.00 |NGR|D R|ERA 0.80 125.00 75.00 05/28/2021 Compass Investigations- Invoice 2021004799 80.00 Depn 80.00 TOTAL ADVANCES THRUOS/3U/2D21 80.00 TOTAL CURRENT WORK 688.00 Page 849 Of 1906 Page: 2 CITY OFBOYNTONBEACH 07/01/2021 ACCOUNT NO: 305'0905360 STATEMENT NO: 36527 adv. Cain, Courtney BALANCE DUE $688.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 850Of1906 GOREN. CHEROF' DDDDY & EZROLP.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (0G4) 771-45O0 Page1 CITY(}FB0YNTDNBEACH 0701/2821 1DOEOcean Avenue ACCOUNT NO: 306-9905347 Boynton Beach FL 33435 STATEMENT NO: 36528 Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) Billing Category: 18- RL[> C|aim#OO147OOUOO452GB HOURS 06/15/2021 GB Ennoikswith opposing counsel regarding extension torespond toamended complaint. 0.20 06/16/2021 |R Receipt and review ofemail from GB, regarding new personal injury |itigotion filed against the City ofBoynton Beach; researched online court docket;prepenedupdates tothe City ofBoynton Beach's Trial Witness and Subpoena Duces Tooumtracking chart, toupdate discovery requests pending; reviewed email from GB to litigation heem, regarding deadline when City to respond to Plaintiff's Revised Amended Complaint; preparation of updates to the City of Boynton Beach active litigation chart; prepared ticklers on deadline dates for City ho respond to Plaintiff's complaint, as well as four [4] sets of discovery. 2.80 GB Edits toNotice ofAppearance and had same filed. 0.20 00/17/2021 |R Receipt and review email from the Palm Beach Circuit Court E-Fi|ingclerk; reviewed the City ofBoynton Beach's Notice ofAppearance. 0.20 06/23C2021 GB Reviewed file including footage of Plaintiff from officer interview, police report, pictures ofPlaintiff during incident. Legal research and finished drafting Motion to Dismiss orStay and had same filed. Reviewed discovery requests filed by Plaintiff and email to City regarding discovery. Drafted and had filed and severed City's First Request for Production toPlaintiff and City's First Set ofInterrogatories to Plaintiff. 2.00 00/24/2021 GB Email toCity regarding discovery. 0.10 06/28/2021 GB Telephone conference call with City regarding discovery. 0.80 FOR CURRENT SERVICES RENDERED 6.10 1.010.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL. GALBETESH 3.10 $205.00 3635.50 |NGR|DR|ERA 3.00 125.00 375.00 Page 851 Of 1906 Page 2 CITY DFBOYNTDNBEACH 0701/2021 ACCOUNT NO: 306-9905347 STATEMENT NO: 38526 adv. Benitez, Antonio (Park Injuries) TOTAL CURRENT WORK 1'010.50 BALANCE DUE $1.010.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 852Of1906 GOREN. CHEROF. DODDY8EZROL. P.A` Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333UO Telephone (854) 771-450O Page: 1 CITY OFBOYNTONBEACH 0701/2021 1OOE. Ocean Avenue ACCOUNT NO: 300'0005218 Boynton Beach FL 33435 STATEMENT NO: 36525 Attn: Lynn Swanson adv. Ryan' Ronald (whistleblower PD) Billing Category: 18 ' RLO C|aim#OO147000O41UEP HOURS 06/04/2021 GB Emoi|owith opposing counsel and City regarding mediation, Meeting with JACand MDC toQoover strategy moving forward and upcoming trial deadlines. Trial preparation by working on motions in limine and reviewing deposition for testimony that would need bobe excluded. 2.10 06/07/2031 GB Emei|ovvith City regarding mediation. Email to IVR regarding expert. Telephone conference call with City regarding closed door. 0.30 GB Telephone conference call with potential expert regarding reviewing file. 0.40 |R Receipt and review ofemail and back uppreparation for potential report witness. 3.30 08/08/2021 |R Receipt and review nfemail from GB, regarding Dr. John Peters moexpert witness for the City ofBoynton Beach; prepared updates tothe City of Boynton Beach's Trial Witness and Subpoena Duces Teoumtracking chart; 0.80 JAC Review status and trial related options 0.50 08/00/2021 8B Reviewed documents from City inresponse toPlaintiff's 2nd Request for Production. 0.90 06/14/2021 GB Worked onresponse toPlaintiff's outstanding request for production. 1.20 08/16/2021 GQ Telephone conference call with potential expert. 1.00 06/22/2021 G8 Worked on responses todiscovery, reviewed documents provided byCity in response to Plaintiff's request for production and redacted documents where necessary. 1.60 06/24/2021 GB Continued reviewing and redecUngdocuments from City tobeproduced to Plaintiff inresponse tooutstanding request for production. 1.70 FOR CURRENT SERVICES RENDERED 13.80 2.501.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAK8E8A. CHEROF 0.50 $205.00 $102.50 GAL BETESH 9.20 205.00 1.886.80 |NGR|OR|ERA 4.10 125.00 512.50 Page 853 Of 1906 Page: 2 CITY OFBOYNTONBEACH 0701/2021 ACCOUNT NO: 306-9905216 STATEMENT NO: 36525 adv. Ryan. Ronald (whistleblower PD) Photocopies 7420 TOTAL EXPENSES THRUOS/3O/2O21 74.20 TOTAL CURRENT WORK 2.575.20 BALANCE DUE $2.575.20 --~-- AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 854Of1906 GOREN. (}HEROF. DDODY& EZROL. P�� Attorneys at Law 3U0DEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333U8 Telephone /954> 771-45OO Poge: 1 CITY OFBOYNTDNBEACH 07/01/2021 1D8E. Ocean Avenue ACCOUNT NO: 306-9905190 Boynton Beach FL 33435 STATEMENT NO: 38524 Attn: Lynn Swanson adv. Roadon. Jayden. Estate of(police chase) Billing Category: 18'RLO Claim#001470-000396-AB-01 HOURS 06/04/2021 {SB Meeting with JACand MDC regarding case status and strategy moving forward. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 855Of1906 GOREN. CHER{)F. DOODY& EZR3L. P.A. Attorneys at Law 3UAQEast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (054) 771-4bU0 Page: 1 CITY{}FBOYNT(}NBEACH 0701/2021 100E. Ocean Avenue ACCOUNT NO: 306-9905171 Boynton Beach FL 33435 STATEMENT NO: 36523 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RL0 C|mino#001470000400P\ HOURS 08/04/2021 |R Review tickler regarding time within which to file an appeal; 030 00/10/2021 |R Receipt and review mfemail from Palm Beach Circuit Court E'fi|inQ docket clerk; review ofJudge Hafe|e'a Order Setting Hearing on the City ofBoynton Beach's Motion toTax Costs, set on June 30. 2021 at8:45am; updated paralegal trocking, to include hearing date; 0.30 08/10/2021 \R Receipt and review ofemail from Lynn Swanson regarding Tanya Guim; online review ofPalm Beach Circuit Court docket, for upcoming hearing before Judge Hafele; receipt and review of email from Palm Beach E-Filing Clerk; review City of Boynton Beach's Notice of Withdrawal of Motion to Tax Coats. 0.70 06/18/2021 |R Receipt and review ofemail from the Palm Beach Circuit Court E-filing clerk; nav|evvod Order Canceling June 30. 2021 Motion Calendar Hearing and Directions to Clerk to Close File, entered byJudge James Nutt. on June 17, 2021; 0.20 FOR CURRENT SERVICES RENDERED 1.50 187.50 RECAPITULATION TIMEKEEPER HOURSi HOURLY RATE TOTAL |NGR|D R|ERA 1.50 $125.00 $187.50 TOTAL CURRENT WORK 187.50 BALANCE DUE $187.50 ---' AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 856 Of 1906 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management June 24, 2021 Attn: Karen Klein Bill No. 58557 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470-000396-AB-01 BILL FOR FEES AND COSTS THROUGH 05/31/21 PROFESSIONAL SERVICES Date Services Attorney Hours 05/22/21 Receipt and review of Plaintiffs Notice of Taking Deposition of SWK 0.20 Colonel Jeffrey Katz. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount SWK Stephanie W. Kaufer, Partner 0.20 185.00 37.00 Total Professional Services 0.20 $37.00 CURRENT BILL TOTAL AMOUNT DUE $ 37.00 Balance Forward: 277.50 Payments &Adjustments: -0.00 Total Due: $ 314.50 Page 857 of 1906 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 58557 Bill Date: June 24, 2021 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services 37.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 37.00 Balance Forward: 277.50 Payments &Adjustments: -0.00 Total Due: $ 314.50 Past Due Balance 277.50 TOTAL AMOUNT DUE $314.50 Page 858 of 1906 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach June 24, 2021 Attn: Karen Klein Bill No. 58555 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 05/31/21 PROFESSIONAL SERVICES Date Services Attorney Hours 05/01/21 Review/Analyze complete file of Plaintiffs expert, Dr. Roy SWK 5.10 Bedard, with voluminous records, reports, bills, transcripts, videos, photos, etc... 05/02/21 Review/Analyze continuation of complete file of Plaintiffs SWK 6.20 expert, Dr. Roy Bedard, with voluminous records, reports, bills, transcripts, videos, photos, etc... 05/02/21 Correspondence to correspondences to and from our expert, JK 0.40 Mike Pennington re his file. 05/03/21 Correspondence to multiple correspondences to and from SWK 0.40 Plaintiffs counsel re our expert, Mike Pennington's complete file. 05/03/21 Receipt and review of Correspondence from Linnes Finney re: BLB 0.30 exhibits for Dr. Roy Bedard's depositions. 05/03/21 Communicate/Other External telephone call with expert Mike JK 0.10 Pennington re: uploading document head of deposition. 05/03/21 Preparation of deposition of Plaintiffs expert, Roy Bedard, BLB 3.20 including review of his file and materials and preparation of questions. 05/03/21 Attendance at deposition of Dr. Roy Bedard. BLB 5.30 05/03/21 Preparation of pre-deposition meeting with Mike Peddington. BLB 2.50 05/04/21 Receipt and review of Plaintiffs Notice of Production from SWK 0.20 Non-Party directed to T-Mobile/Metro PCS. 05/04/21 Appear For/Attend Plaintiff's deposition of Mr. Pennington (no AGB 2.50 travel time included) 05/05/21 Correspondence to Emerge Recovery Center re our subpoena SWK 0.20 for records. Page 859 of 1906 Client: City of Boynton Beach June 24, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 05/05/21 Telephone conference with representative of Emerge Recovery JK 0.10 Center re our subpoena for records. 05/05/21 Telephone conference with representative of Drug Abuse JK 0.10 Foundation re our subpoena for records. 05/05/21 Correspondence to Drug Abuse Foundation re: our subpoena SWK 0.20 for records. 05/05/21 Correspondence to multiple correspondences to and from our JK 0.60 expert Mike Pennington re additional records to be produced to Plaintiff after deposition. 05/05/21 Correspondence to correspondences to and from Plaintiffs SWK 0.40 counsel re exhibits for deposition of Mike Pennington and records from Drug Abuse Foundation and Emerge Recovery Center. 05/05/21 Receipt and review of Plaintiffs exhibits for deposition of Mike SWK 0.40 Pennington. 05/07/21 Receipt and review of Plaintiffs Notice of Taking Deposition of SWK 0.10 Dr. Paul Wigoda. 05/07/21 Receipt and review of Plaintiffs Notice of Taking Deposition of SWK 0.10 Officer Brian Goldfuss 05/08/21 Review/Analyze continuation of complete file of Plaintiffs SWK 4.10 expert, Dr. Roy Bedard, with voluminous records, reports, bills, transcripts, videos, photos, etc... 05/10/21 Draft/Revise correspondence to Ms. Klein regarding the AGB 1.10 deposition testimony of Dr. Garrod. 05/10/21 Review/Analyze deposition testimony of City of Boynton Beach AGB 0.20 Police Department Captain Michael Kelley to identify pertinent testimony rely upon in support of motion for summary judgment (approximately 12 pages). 05/10/21 Review/Analyze deposition testimony of City of Boynton Beach AGB 0.20 Police Department interim deputy police chief Vanessa Snow to identify pertinent testimony rely upon in support of motion for summary judgment (approximately 12 pages) 05/10/21 Review/Analyze deposition testimony of City of Boynton Beach AGB 0.20 Police Department Sergeant Henry Crowell to identify pertinent testimony rely upon in support of motion for summary judgment (approximately 10 pages) 05/10/21 Preparation for deposition of Dr. Paul Wigoda, including review SWK 0.80 of Broward Health records and preparation of outline of examination. 05/10/21 Attendance at deposition of Dr. Paul Wigoda (via Zoom, no SWK 1.10 travel billed). 05/11/21 Communicate/Other External telephone call to Broward Health JK 0.10 North re Plaintiffs medical records pursuant to our subpoena. Page 860 of 1906 Client: City of Boynton Beach June 24, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 05/11/21 Draft/Revise correspondence to Ms. Klein regarding the AGB 1.10 deposition testimony of Mike Pennington 05/11/21 Draft/Revise detailed medical chronology chart and updated JK 0.30 potential witness list based on records received from Pompano Beach Fire Rescue and determined additional discovery needed. 05/11/21 Draft/Revise updated witness list and detailed Plaintiffs prior JK 0.50 criminal history chart based on additional records received from Broward County Sheriffs Office. 05/11/21 Draft/Revise updated witness list and detailed Plaintiffs prior JK 0.20 criminal history chart based on the CAD Reports received from Palm Beach County Sheriffs Office. 05/12/21 Draft/Revise updated witness list and detailed Plaintiffs prior JK 0.30 criminal history chart based on Disturbance Reports received from Palm Beach County Sheriffs Office. 05/13/21 Review/Analyze deposition testimony of City of Boynton Beach AGB 0.30 Police Department Sergeant Jon Kautz to identify pertinent testimony to cite in motion for summary judgment (approximately 18 pages) 05/13/21 Review/Analyze deposition testimony of City of Boynton Beach AGB 0.40 Police Deparatment Officer Amanda Shepaum to identify pertinent testimony to cite in motion for summary judgment (approximately 20 pages) 05/13/21 Attendance at deposition of Brian Goldfuss of City (via Zoom, SWK 1.10 no travel billed). 05/14/21 Receipt and review of medical records and films from Bethesda SWK 0.90 Hospital East pursuant to our subpoena for records. 05/14/21 Communicate/Other External telephone call with Broward JK 0.10 Health North re proper issuance of the subpoena for records for Plaintiff. 05/14/21 Draft/Revise detailed medical chronology chart and updated JK 0.50 potential witness list based on additional records received from Bethesda Hospital East & West and determined additional discovery needed. 05/17/21 Receipt and review of co-Defendant, City of Boynton Beach's SWK 0.20 Answers to Plaintiffs Amended Second Set of Interrogatories. 05/17/21 Receipt and review of co-Defendant, City of Boynton Beach's SWK 0.30 Responses to Plaintiffs Amended Second Request for Production. 05/17/21 Receipt and review of voluminous documents, powerpoints, and SWK 5.10 training videos produced by co-Defendant, City of Boynton Beach in Responses to Plaintiffs Amended Second Request for Production. 05/17/21 Receipt and review of deposition transcript of our expert, Dr. SWK 0.70 Kenneth Garrod. Page 861 of 1906 Client: City of Boynton Beach June 24, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 05/17/21 Draft/Revise updated witness list and detailed Plaintiffs prior JK 1.70 criminal history chart based on voluminous records received from Florida State Attorney's office (509 total pages) and determined if additional discovery needed. 05/17/21 Draft/Revise detailed Plaintiffs prior criminal history chart and JK 0.30 updated potential witness list based on 911 recordings provided by the State Attorney's Office. 05/18/21 Draft/Revise detailed Plaintiffs criminal history chart and JK 0.50 updated potential witness list based on additional records received Broward County Sheriffs Office, including CAD Reports from prior incidents, and determined if additional discovery needed. 05/19/21 Preparation of Correspondence to Karen Klein re: deposition BLB 0.90 summary of Roy Bedard. 05/19/21 Correspondence to correspondences to and from Gal Betesh re SWK 0.30 Plaintiffs exhibits for deposition of Officer Shepaum. 05/19/21 Review/Analyze pertinent portions of file, including deposition AGB 1.70 transcripts, expert reports, and medical records to prepare pre-mediation evaluation pursuant to client guidelines 05/19/21 Draft/Revise pre-mediation evaluation pursuant to client AGB 2.80 guidelines 05/20/21 Draft/Revise continued updating the witness list and detailing JK 0.90 Plaintiffs prior criminal history chart based on voluminous records received from Florida State Attorney's office (509 total pages) and determined if additional discovery needed. 05/20/21 Draft/Revise detailed Plaintiffs criminal history chart and JK 0.60 updated potential witness list based on additional records received Broward County Sheriffs Office, including prior Incident Reports, Booking Reports and Arrest Affidavits, and determined if additional discovery needed. 05/24/21 Correspondence to correspondence from Gal Betesh re training SWK 0.20 videos and powerpoints in support of City of Boynton Beach's Response to Plaintiffs Second Request for Production. 05/24/21 Receipt and review of Plaintiffs Notice of Non Objection for SWK 0.20 Plaintiffs Notice of Production from Non-Party directed to T-Mobile/Metro PCS. 05/25/21 Review/Analyze deposition testimony of City of Boynton Beach AGB 0.80 police department Sergeant Daniel Dugger to identify pertinent testimony to cite in motion for summary judgment (approximately 50 pages) 05/25/21 Review/Analyze deposition testimony of City of Boynton Beach AGB 0.50 police department officer Daryn Whitefield to identify pertinent testimony to cite in motion for summary judgment (approximately 25 pages) Page 862 of 1906 Client: City of Boynton Beach June 24, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 5 PROFESSIONAL SERVICES Date Services Attorney Hours 05/25/21 Review/Analyze deposition testimony of City of Boynton Beach AGB 0.60 police department detective Danielle Whitefield to identify pertinent testimony to cite in motion for summary judgment (approximately 18 pages) 05/25/21 Review/Analyze deposition testimony of Plaintiff to identify AGB 1.40 pertinent testimony to cite in motion for summary judgment (approximately 146 pages) 05/26/21 Receipt and review of video of deposition of Dr. Kenneth SWK 0.90 Garrod. 05/27/21 Receipt and review of deposition transcript of Plaintiffs expert, SWK 1.70 Dr. Roy Bedard. 05/27/21 Review/Analyze deposition testimony of Plaintiff's police AGB 1.70 practices expert, Roy Bedard, to identify pertinent testimony to cite in motion for summary judgment (approximately 136 pages) 05/27/21 Review/Analyze dash cam and body cam footage to identify AGB 0.70 pertinent events to cite in motion for summary judgment 05/27/21 Draft/Revise statement of material facts in support of motion for AGB 3.90 summary judgment 05/27/21 Draft/Revise affidavit of Mark Sohn in support of motion for AGB 1.40 summary judgment 05/28/21 Draft/Revise motion for summary judgment AGB 5.40 05/28/21 Draft/Revise detailed Plaintiffs Criminal History Chart and JK 0.50 updated potential witness list based on additional records received from Palm Beach County Sheriffs Office and determined if additional discovery needed. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 26.90 160.00 4,304.00 BLB Benjamin L. Bedard, Partner 12.20 185.00 2,257.00 JK Jaime Kehoe, Paralegal 7.80 110.00 858.00 SWK Stephanie W. Kaufer, Partner 30.90 185.00 5,716.50 Total Professional Services 77.80 $13,135.50 DISBURSEMENTS Date Description Amount 05/28/21 Subpoena Fees #LAS-2021002932-Broward County Jail 28.00 records custodian - Legal Advocate Services, Inc. 05/28/21 Subpoena Fees #LAS-2021004981-Taylor Jenkins (depo) 50.00 - Legal Advocate Services, Inc. Page 863 of 1906 Client: City of Boynton Beach June 24, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 6 DISBURSEMENTS Date Description Amount 05/28/21 Deposition Transcripts #120615336-Dr. Kenneth Garrod 412.10 transcript - U.S. Legal Support, Inc. 05/28/21 Deposition Transcripts #120619575-Dr. Kenneth Garrod 155.00 video deposition - U.S. Legal Support, Inc. Total Disbursements $645.10 CURRENT BILL TOTAL AMOUNT DUE $ 13,780.60 Balance Forward: 7,493.57 Payments &Adjustments: -0.00 Total Due: $ 21,274.17 Page 864 of 1906 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 58555 Bill Date: June 24, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services 13,135.50 Total Disbursements 645.10 CURRENT BILL TOTAL AMOUNT DUE $ 13,780.60 Balance Forward: 7,493.57 Payments &Adjustments: -0.00 Total Due: $ 21,274.17 Past Due Balance 7,493.57 TOTAL AMOUNT DUE $21,274.17 Page 865 of 1906 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach July 20, 2021 Attn: Karen Klein Bill No. 59065 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 06/30/21 PROFESSIONAL SERVICES Date Services Attorney Hours 06/01/21 Draft/Revise motion to accept conventionally filed audio and AGB 0.30 video 06/01/21 Draft/Revise proposed order on motion to accept conventionally AGB 0.20 filed audio and video 06/02/21 Correspondence to correspondences to and from Karen Klein SWK 0.40 re Pre-Mediation Case Evaluation and analysis of reasonable settlement range. 06/02/21 Correspondence to correspondences to and from Karen Klein SWK 0.30 re settlement value increased due to judge and current circumstances. 06/02/21 Correspondence to correspondence from Karen Klein re SWK 0.10 pre-mediation telephone conference. 06/03/21 Correspondence to Officer Mark Sohn re proposed declaration SWK 0.20 to accompany Motion for Summary Judgment. 06/04/21 Receipt and review of Correspondence from Julie Oldbury re: BLB 0.10 pre-mediation conference. 06/04/21 Telephone conference with Mark Sohn re updating him on SWK 0.50 status of case and need for him to review and sign declaration. 06/07/21 Correspondence to correspondence from Officer Mark Sohn re SWK 0.20 proposed declaration to accompany Motion for Summary Judgment. 06/07/21 Preparation of correspondence to Judge Smith re: Audio and AGB 0.20 Video Exhibits to Defendant's Statement of Material Facts in support of Defendant's Motion for Summary Judgment. 06/08/21 Review/Analyze correspondence from Ms. Betesh re: no AGB 0.10 objections to motion to accept conventional filing of audio and video exhibits and order. Page 866 of 1906 Client: City of Boynton Beach July 20, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 06/08/21 Draft/Revise correspondence to Ms. Betesh and Mr. Finney re: AGB 0.10 motion to accept conventional filing of audio and video exhibits and order on same. 06/08/21 Preparation of correspondence to Judge Smith re: Defendant, AGB 0.10 Mark Sohn's, Order on Motion for Order Directing Clerk to Accept Conventionally Filed Audio and Video Exhibits. 06/08/21 Review/Analyze correspondence from Mr. Finney re: no AGB 0.10 objections to motion to accept conventional filing of audio and video exhibits and order. 06/08/21 Draft/Revise correspondence to Ms. Betesh and Mr. Finney re: AGB 0.10 we will file our motion to accept conventional filing of these audio and video exhibits and submit order. 06/08/21 Review/Analyze correspondence from Mr. Finney re: audio and AGB 0.10 video exhibits to statement of material facts in support of motion for summary judgment. 06/08/21 Review/Analyze correspondence from Ms. Betesh re: City of AGB 0.10 Boynton Beach's Motion for Order Directing Clerk to Accept Conventionally Filed Video Exhibit. 06/08/21 Review/Analyze correspondence to Ms. Betesh re: no AGB 0.10 objections to City of Boynton Beach's Motion for Order Directing Clerk to Accept Conventionally filed Video Exhibit. 06/08/21 Draft/Revise correspondence to Mr. Romano regarding AGB 1.60 upcoming mediation 06/08/21 Draft/Revise correspondence to Mr. Finney re: audio and video AGB 0.10 exhibits to statement of material facts in support of motion for summary judgment. 06/09/21 Receipt and review of City's Motion for Summary Judgment. SWK 0.60 06/09/21 Receipt and review of City's Material of Fact in Support of SWK 0.50 Motion for Summary Judgment. 06/09/21 Receipt and review of City's Motion Directing Clerk to Accept SWK 0.20 Video Exhibit for Material of Fact in Support of Motion for Summary Judgment. 06/09/21 Preparation of correspondence to Ms. Klein re: Defendant, AGB 0.20 Mark Sohn's, Motion for Summary Judgment and Statement of Material Facts. 06/09/21 Receipt and review of Correspondence from Gal Betesh to BLB 0.10 judge re: proposed Order on Motion Directing Clerk to Accept Video Exhibit for Material of Facts in Support of Motion for Summary Judgment. 06/17/21 Preparation for pre-mediation conference with Karen Klein, BLB 0.50 Julie Oldbury and Mark Sohn. 06/17/21 Telephone conference with Karen Klein, Julie Oldbury and Mark BLB 0.80 Sohn to discuss upcoming mediation. 06/17/21 Preparation for mediation. BLB 1.20 Page 867 of 1906 Client: City of Boynton Beach July 20, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 06/18/21 Receipt and review of Mediation report. BLB 0.10 06/18/21 Receipt and review of correspondence from counsel for City of SWK 0.20 Boynton Beach re City's Motion Directing Clerk to Accept Video Exhibit for Material of Fact in Support of Motion for Summary Judgment. 06/18/21 Attendance at mediation. BLB 3.00 06/21/21 Draft/Revise correspondence to Mr. Finney re: extension to AGB 0.10 Respond to Defendant, Mark Sohn's, Motion for Summary Judgment. 06/21/21 Review/Analyze correspondence from Mr. Finney re: extension AGB 0.10 to Respond to Defendant, Mark Sohn's, Motion for Summary Judgment. 06/21/21 Correspondence to Emerge Recovery Center re our subpoena SWK 0.20 for records. 06/21/21 Correspondence to Drug Abuse Foundation re our subpoena SWK 0.20 for records. 06/21/21 Correspondence to Broward Health North re our subpoena for SWK 0.20 records. 06/21/21 Correspondence to Broward County Jail re our subpoena for SWK 0.20 records. 06/21/21 Receipt and review of Plaintiffs Motion to Extension of Time to SWK 0.10 Respond to Sohn and City of Boynton Beach's Motion for Summary Judgment. 06/21/21 Draft/Revise correspondence from Ms. Betesh to Mr. Finney re: AGB 0.10 Plaintiffs Motion for Extension of Time to Respond to Defendant, City of Lake Worth's, Motion for Summary Judgment 06/21/21 Attendance at telephone conference with Mr. Finney regarding AGB 0.10 Plaintiffs request for extension of time to file response to Defendants' motions for summary judgment 06/22/21 Receipt and review of Court's Order on Plaintiffs Motion for SWK 0.10 Extension of Time to Respond to Motions for Summary Judgment. 06/22/21 Preparation of Correspondence to Linnes Finney re: agree to BLB 0.10 extension to respond to Motion for Summary Judgment. 06/24/21 Receipt and review of City of Boynton Beach's Motion for SWK 0.10 Extension of Time to File Reply to Plaintiffs Response to City's Motion for Summary Judgment. 06/24/21 Receipt and review of Court's order granting City of Boynton SWK 0.10 Beach's Motion for Extension of Time to File Reply to Plaintiffs Response to City's Motion for Summary Judgment. 06/25/21 Preparation of Correspondence to Karen Klein re: outcome of BLB 0.60 mediation. Page 868 of 1906 Client: City of Boynton Beach July 20, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 06/25/21 Correspondence to and from Emerge Recovery Center re SWK 0.40 employment records for Plaintiff. 06/25/21 Receipt and review of employment records from Emerge SWK 0.30 Recovery Center pursuant to our subpoena duces tecum. 06/25/21 Correspondence to Karen Klein re summary of depositions of SWK 0.90 Dr. Paul Wigoda and Officer Brian Goldfuss. 06/25/21 Correspondence to correspondences to and from Karen Klein BLB 0.40 re Motion in Limine to exclude Plaintiffs arguments on racial issues and possible appeal on our Motion for Summary Judgment. 06/29/21 Receipt and review of Plaintiffs Response to City's Motion for SWK 0.40 Summary Judgment. 06/29/21 Receipt and review of Plaintiffs Response to Sohn's Motion for SWK 0.40 Summary Judgment. 06/29/21 Receipt and review of Plaintiffs Statement of Disputed Facts SWK 0.60 and Memorandum of Law in Opposition to City's Motion for Summary Judgment. 06/29/21 Receipt and review of Plaintiffs Statement of Disputed Facts SWK 0.60 and Memorandum of Law in Opposition to Sohn's Motion for Summary Judgment. 06/29/21 Communicate/Other Counsel Gal Betesh re: deposition of Mike AGB 0.10 Pennington. 06/30/21 Review/Analyze correspondence from Ms. Betesh re: AGB 0.10 deposition transcripts of Officer Brian Goldfuss and Mike Pennington. 06/30/21 Receipt and review of deposition transcript of our expert, Mike SWK 1.60 Pennington. 06/30/21 Receipt and review of deposition transcript of Officer Brian SWK 0.70 Goldfuss. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 4.00 160.00 640.00 BLB Benjamin L. Bedard, Partner 6.90 185.00 1,276.50 SWK Stephanie W. Kaufer, Partner 10.30 185.00 1,905.50 Total Professional Services 21.20 $3,822.00 Page 869 of 1906 Client: City of Boynton Beach July 20, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 5 CURRENT BILL TOTAL AMOUNT DUE $ 3,822.00 Balance Forward: 21,274.17 Payments &Adjustments: -2,824.01 Total Due: $ 22,272.16 Page 870 of 1906 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 59065 Bill Date: July 20, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services 3,822.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 3,822.00 Balance Forward: 21,274.17 Payments &Adjustments: -2,824.01 Total Due: $ 22,272.16 Past Due Balance 18,450.16 TOTAL AMOUNT DUE $22,272.16 Page 871 of 1906 6.K. Consent Agenda 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Approve minutes from the City Commission budget workshop on July 12, 2021 and City Commission meeting on July 20, 2021. Explanation of Request: The City Commission met on July 12th and July 20, 2021 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 872 of 1906 Type Description D Minutes Minutes 07-12-2021 (Budget Workshop) D Minutes Minutes 07-20-2021 Page 873 of 1906 Minutes of the City Commission Budget Workshop Meeting Held on Online Via the GoToWebinar Platform and In-Person at the Police Community Room 2100 High Ridge Road, Boynton Beach, Florida On Tuesday, July 12, 2021 at 5:30 p.m. PRESENT: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow Hay Jim Cherof, City Attorney Commissioner Justin Katz Crystal Gibson, City Clerk Commissioner Christina Romelus, (arrived at 5:47 p.m.) Commissioner Ty Penserga A. Welcome and call to order Mayor Grant called the workshop to order at 5:33 p.m. Mayor Grant led the Pledge of Allegiance to the Flag. City Clerk Gibson called the roll. A quorum was present. Mayor Grant welcomed all to the Budget Workshop. B. Budget Overview Lori LaVerriere, City Manager, explained that Fiscal Year 21/22 is a balanced budget. The larger departments will present a brief PowerPoint on each of their departments. The remainder of the budget's smaller funds, smaller departments have staff present and ready to answer questions. The City is not proposing any adjustments to the millage rate or the fire assessment. Tonight, we are going to review the FY2021-22 Proposed Operating & Capital Budgets with the Commission. There will be an opportunity for the public to comment and discuss the budget with the Commission. The proposed millage rate and the preliminary rate for the fire assessment will be discussed and approved. Also, there is special assessment for canal maintenance that will be discussed and approved as well. There will be two adoption hearings. The first hearing, due to the Trim Schedule, cannot take place on a regular Commission Meeting on Tuesday, September 7t" it will take place on Wednesday, September 8, at 5:30 p .m. to adopt the Proposed Budget, the Final Fire Assessment Rate Resolution and the Canal Maintenance Special Assessment Resolution. Tuesday, September 21, 5:30 p.m. will be the Second Public Budget Hearing to adopt the final millage rate and final budget. City Manager LaVerriere took a moment to say how proud she is of staff and the way the City managed through the pandemic. The City did not lay anyone off, the City kept people working, and accommodated staff that needed help with their children in being able to come back to work. Page 874 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Mara Frederiksen, Director of Financial Services, provided an overview of funds and sources which totaled $249.7M. Provided a breakdown by department: Water & Sewer Utility fees $54.7M, Property Taxes $42.9M, Capital Sources (Reserves, Bonds.) $42.2M, Fund Transfers $21.3M, Internal Services $16.7M. The proposed expenditures of $249.7M: The General Fund $102AM (41%), Utility $54.7M (21.9%), Capital (General and Utility) $42.2M (16.9%). The General Funds by Departments: Police $38.09M (37.2%), Fire $27.58M, General Government $12.53M, Public Works is $8.8M. Fiscal Year 21-22 proposed highlights: Established minimum pay standard of $15/hour (affects 65 employees); all Funds (Blue, White, General) 2% wage increase; a new Cyber Security position; a new Organizational Development Manager; Fire & Rescue reorganization added 3 Firefighters and 1 Lieutenant, eliminated a vacant Deputy Chief and Administrative Assistant positions; expansion of first responders wellness program (Police & Fire); expanded economic development grants; established Building Fund per Florida State Statute 553.80; and Risk Management initiative for improved safety and cost reduction. Commissioner Penserga pointed out that the millage rate impact on Commercial Property slide contained more information than what was in the agenda packet. City Manager LaVerriere stated that the Maximum 10% Increase Citywide column was added so that the Commission can see what that scenario would look like. Commissioner Katz inquired and supported a 3% increase for the Blue, White and General employees. City Manager LaVerriere replied that the impact on the General Fund is from the increase of minimum wage to $15.00 per hour for 65 employees and the 2% increase for the Blue, White and General employees is $414K. A 3% increase for the Blue, White and General employees would be $605K. Mayor Grant stated that he would like to lower the millage rate from 7.9 which it has been for the last eight years to 7.89. He said he believes that it is not asking much. He feels that the $120 fire assessment can be increased by one dollar. It is an equal increase to the residents year-round and seasonal. He is in favor of not basing salary increases on individual salaries but rather the difference of 2% and 3% be divided by the number of employees and that increases each salary equally rather creating a disparity between the highest earning employees and the lowest earning employees. Commissioner Katz stated most of the employees are in labor unions so this would need to be negotiated and the unions would never agree to creating a flat dollar raise across all employees. z Page 875 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Mayor Grant responded we can do it for the General Employees, and since he does not know much about the bargaining units, there could be a closed-door session to review everything. City Manager LaVerriere replied no, once the ratification is done with the Unions they will be brought to Commission and it would not be a closed-door. Vice Mayor Hay agrees with Commissioner Katz, it was going to be his suggestion as well to go from the 2% to the 3% for wages. However, he does not agree with the millage rate reduction-it needs to stay where it is at 7.9. It has been 7.9 for a few years and the City has been doing well. He also supports the Fire Assessment remaining the same. One dollar is not going to make that great of an impact. The City has a great staff that put together a balanced budget based on amounts and percentages across the board that keeps the City from laying anybody off. Mayor Grant inquired if Vice Mayor Hay was okay with going into the reserves for the extra salary. Vice Mayor Hay replied, yes. Mayor Grant inquired if Vice Mayor Hay was in favor of the Premium Pay from the American Rescue Plan Act (ARPA) funding. Vice Mayor Hay responded, at this point yes. City Manager LaVerriere commented that the Premium Pay will not be going to anybody who makes over$75K dollars a year. Therefore, the premium pay will help the lower-paid population. Commissioner Katz pointed out that anything from the federal stimulus money is a one- time bonus. It will not affect salaries on a reoccurring basis. He is in favor of the increase of the 2% to 3% based on cutting that cost from existing budgeted expenses and not going into reserves. Mayor Grant inquired where the additional funds could come from. City Manager LaVerriere responded the City revenue loss experience through Covid that that staff calculated through ARP Act is $3.7M dollars. Staff recommends only utilizing $1.6 this year. The City can claim additional revenue loss earlier. The City can request $1.9M of the $3.7M and leave the balance for next year. Mayor Grant inquired if the revenue loss can be higher to lower the millage rate. City Manager LaVerriere replied, not directly. 3 Page 876 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Mayor Grant inquired about the revenue loss that can be used for increased wages on a one-time basis and not a continual basis, which he said is not a good idea. City Manager LaVerriere responded, it will help us this year in the budget but the City will have to continue to fund the 3% increase going forward. Once the $3.7M is used up, the City will not have that as future revenue. Commissioner Katz remarked that once the City gets past the ill effects of Covid, on the $1.6M the City needs to cover losses this year, in two years, if the economy is back to normal, the City will make the $1.6M in regular revenue. City Manager LaVerriere agreed that is likely to happen. Commissioner Katz stated that he is comfortable staying with the current rates for the fire assessment and the millage rate and the 2% to 3%. Commissioner Romelus stated the standard to the fire assessment is inequitable, where the millage rate is equitable. The millage rate is affected by the value of homes. The fire assessment is assessed on every property regardless of the value of the property. Whereas the millage rate is assessed based on value of the property. She would also like to keep the rates as they are. She does not see the value in increasing the fire assessment and decreasing the millage by .01%. How much would the .01% be on the budget? City Manager LaVerriere responded that the .01% would be a difference of $50K. Commissioner Romelus inquired if the millage is being decreased by a tenth of a mill and would only increase by $50K and increase the fire assessment, which is inequitable in because of the way it affects different homes. She does not see the value of doing these two things. Mayor Grant commented that he is trying to put the City in favor of the people living here to start lowering the millage rate and make it a process of lowering it every year. The City should not keep taxing the residents at a higher number and not leave any room for emergency such as a major hurricane, then have to go up to 8.5 mil. Moving the fire assessment from $120 to $121 dollars, he does not know what the one dollar will do. City Manager LaVerriere commented that the fire assessment would have go up by a minimum of $10 dollars. The City would have to talk with the consultants and have them calculate the difference. Mayor Grant withdrew his suggestion of raising the fire assessment by one dollar. Commissioner Romelus inquired how does the City account for the wage increase that the Commission is contemplating. If that is the case, that means this workshop would 4 Page 877 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 have to be extended and go line item by line item and find places in the budge to cut. She will not go into the reserves. She is willing to entertain the 7.89 millage rate and understands what the Mayor is trying to do with the millage rate by decreasing it overtime. Especially if the City has the revenues to keep it balanced moving forward. Mayor Grant stated that instead of using the $1.6M to use half of the $3.7M loss revenue which would be $1.85M to help with the employee merit raises. There is also the premium pay coming from ARPA but that is only a one time it is not a continually expense. The General Employee Pension fund went down by $300K, is an indication that in three years it will go down $3M. City Manager LaVerriere stated the General Employee Pension Fund will be in the black in approximately five years. Mayor Grant commented that the City is going to incrementally lower the millage rate and there is the 20% increase in housing sales this past year. This will affect property taxes as well. He believes that this will be able to maintain the request of lowering the millage rate. Commissioner Romelus inquired if the additional funds can be used to cover the salary increases. City Manager LaVerriere replied no, what the City can do is fund other areas. Commissioner Romelus stated that she will be willing to entertain the millage rate of 7.89 and getting the additional funds to from the ARPA so the City will be able to fund employee raise up to 3%. Commissioner Penserga stated that he agrees with Commissioner Romelus. He is in favor of a long-term step-down plan on the millage rate. The City can make sacrifices in the budget but it could be done gradually and responsibly. He is not in favor of changing the fire assessment fee. The City can stay at $120 dollars and he is in favor of going line item by line item to make the 3% increase to salaries. Commissioner Romelus requested a direction of staff to supply the information on what was done to the budget to allow for the salary increase. City Manager LaVerriere commented that if the Commission is okay with using the additional ARPA funds that will wash out this year the difference, it will not require cuts to the budget, unless the Commission chooses not to use the ARPA funds then the budget would have to be reviewed line item by line item and identify $290K in cuts. Commissioner Penserga stated his intention is not for a one-time reduction in the millage rate, it should be a long-term plan. He would like to ask staff to make projections on what 5 Page 878 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 kind of increments need to happen so this can be done gradually and responsibly while maintaining a balanced budget. Mayor Grant suggested to look at the increased cost for expenses. How much has the budget increased over the past five to six years and then how much has the property values increased of the past five to six years and find the difference so the lowering of the millage rate can be phased in. Commissioner Romelus stated that this is an impossible task to put on staff. Knowing that property values fluctuate every year and the new Commission may not want to continue to decrease the millage rate. There may be other circumstances or situations that happen that dictate having to raise the millage rate. No one knew that Covid was going to happen. No one knew that the housing median in Palm Beach County would be $500K dollars. It is hard to tell staff to go do this when there really is no way it could be done. Mayor Grant commented, that is simple numbers. City Manager stated that staff can always project out, finance does that all the time. Staff is always looking at ways to raise revenues, that does not mean taxes. As the City Manager she will do everything in her power to never see the millage rate at 8, 7.9 is high. The City has to control cost and/or increase sources of revenue. Seems simple but it is not. 73% of the budget is personnel cost, if the City wants to control cost that is where the City needs to look. It is not the pens and pencils or widgets that has been cut to the bone. The City is a service organization. Your primary cost is personnel. Staff will be bringing a program to Commission to address all of the City's fees on an annual basis to keep them current and staying with what is acceptable in the market. Being at 7.9 for eight years, the City has been able to do with what the City has without raising taxes. Vice Mayor Hay commented that he has spoken with people around the City and many of them suggested raising the millage rate. He wants to keep the millage rate at 7.9. Being able to keep it the same is a savings in itself. The City is a growing city. The City has many programs that are being added that need to be funded. He does not see the big difference between 7.9 and 7.89. He wants the City to be able to expand programs for the citizens. In order to do that, the City is going to need that income. He would like to see the "what-ifs". He does not see the purpose of the decrease from 7.9 to 7.89 just to say that it has been reduced. He does support using the ARPA funds. Commissioner Penserga is concerned that with the influx of businesses coming to Palm Beach County, the businesses are not coming to Boynton Beach. They are moving into Boca and West Palm. The City needs to find ways to attract companies so salaries could be raised. Reduction in the millage rate is a step in the right direction. The City is at a critical moment. When other cities are starting to see economic boom, the City is not. What are the advantages of coming to Boynton Beach? 6 Page 879 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 C. Public Comments Debbie Lytle, Palm Beach Leisureville, asked that the City consider installing lighted stop and speed limit signs in Leisureville. The Community has a lot of issues with the traffic. City Manager LaVerriere stated that the City has added money to the budget for additional traffic calming measures. Mayor Grant agrees the lighted stop signs will help the traffic issues in Palm Beach Leisureville. Ms. Lytle stated that Leisureville has received a lot of assistance from Public Works. They are making sidewalk improvements. There is a storm drain issue on Ocean Drive and Leisureville Boulevard. Jessica White introduced her business regarding sexual crimes against children. She suggested to use some funds to educate the citizens on sexual crimes against children. Mayor Grant stated he attended Ms. White's presentation. It was informing to realize that people tend to forget that child exploitation happens with loved ones, family, friends people close to the children and not necessarily strangers. He would like to use ARPA funds to educate to assist the children. Staff that interacts with children directly should have the education to recognize issues. City Manager LaVerriere commented that this will definitely go on the project list and review the ARPA. Commissioner Romelus commented that child exploitation is also happening over social media. Her thirteen-year-old niece is being approached by strangers on Snapchat to have her become a sugar baby. It is important that the work that Ms. White is doing is continually supported. The Mayor recessed the meeting at 6.52 p.m. The meeting was reconvened by the Mayor at T:23 p.m. D. General Fund Police Department Deputy Chief Vanessa Snow, on behalf of Chief Gregory who was unable to attend the meeting, gave a presentation on the Police Department's proposed FY 2022 budget. Commissioner Romelus inquired what is "part one crime." Page 880 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Deputy Chief Snow responded that "part one crimes" are the more serious crimes which includes rape, robbery, homicide and certain grand theft. Petty theft would fall under a "part two crime." Commissioner Romelus inquired what happened to make these decreases. Deputy Chief Snow replied that the Police Department had a multi prong approach to attacking crime reduction in the City. One of the efforts that was initiated was the implementation of a weekly strategic patrol meeting. During that meeting, the internal stakeholders look at the weekly crime trends, where are the hot spots, what can we do to shift our assets and resources to, as an example, address the increase in vehicle break- ins within a certain community. Once that is identified, the Police Department deploys the appropriate resources and at the next meeting the Police Department hopes to see reductions in those types of crimes. Commissioner Romelus stated that she made the inquiry so there can be a spotlight on the good things that are happening and for the betterment of the City. She thanked Chief Snow and the officers for the work that is done day in and day out. She added that she would like to see more community events with the Police Department. It will help with maintaining the low crime rates within the City. Deputy Chief Snow commented that some of the successes have been the Police Department's continued outreach activities. Certain activities did slow because of the pandemic; that did not preclude the Police Department from engaging the Community virtually during the pandemic. There was virtual story time, there was opportunities for the community to interact virtually during town hall and other events that the Police Department has had. The Police Department is excited to have been able to get back out there and hold events like Kids, Cones and Cops. The Police Department is planning National Night Out which will be next month, August 3rd. The explorer program is being re-initiated. Community outreach has played a role in reduction in crime rate. Commissioner Romelus requested the breakdown of the demographics of the new hires. Commissioner Penserga inquired about the large number for overtime expenses. He is not only concerned about the financial aspect, he is concerned about how much work the officers are taking on. What is the cause of the high overtime expenses and what is being done to bring that number down? Deputy Chief Snow responded that overtime is factored into annual budget operations as a general course of business. The Police Department did experience a staffing shortage which has caused the Police Department to fill those vacancies with overtime. The Police Department has encountered complex criminal investigations. The awful crime that occurred in March, of the homicide of Mary Gomez-Mullet that caused an increase in staffing needs from multi disciplines from around the agency that far exceeded the original projection. There are also events that popup that need to be staffed from a security s Page 881 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 perspective, that the Police Department feels obligated to staff those events adequately so the Police Department is not caught short in the event that something adverse occurs. The Police Department has implemented a steady flow of police applicants' reviews. The Police Department currently has sixteen openings as of August that will go down to 14 openings. Commissioner Penserga commented it would be safe to say that the Police Department's projection for overtime should decrease. Deputy Chief Snow stated that it is the hope of the Police Department that the vacancy rate next year will be in the single digits and the overtime expenditures will be decreased. Mayor Grant inquired if the police department has any programs for cyber fraud education for the public, specifically prepaid cards. Deputy Chief Snow responded, absolutely. If it is not already in the Citizens Police Academy, it will be part of the curriculum. The FBI has also approached the Police Department to partner with them in senior fraud cases and investigations. The Police Department is looking internally for the appropriate person to be assigned to be the point of contact. Mayor Grant stated Deputy Chief Snow already answered his second question that there will be Citizens on Patrol. The Police Department is going to have another class this winter. Deputy Chief Snow replied, absolutely. The Police Department would like to have two classes a year. Vice Mayor Hay inquired how many officers will be in the real time crime center. Deputy Chief Snow replied that the Police Department plans on having one full-time real- time crime center analysis to staff it and the Police Department also intends on having staff from PCF Security to be available to work in the Center on weekends. Vice Mayor Hay inquired what was done with the 133 guns that were collected at the buyback event. Deputy Chief Snow responded that every single firearm that was received, the serial number was recorded and ran through databases to ensure they were not already previously reported as stolen. To date, none of the guns were stolen or used in a crime. Approximately 30 of the firearms were immediately set aside for destruction because they did not have a serial number. Serial numbers were not required to be placed on firearms until the 1960s. Once the guns have been verified, they will be melted down. 9 Page 882 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Vice Mayor Hay inquired if the Police Department had statistics on the guns being purchased in the City. Deputy Chief Snow replied that regrettably, with firearms there is no requirement for them to be registered. The only identification that occurs is at the original point of sale. Commissioner Romelus inquired if funds have been allocated to continue this process or was it a grant. Deputy Chief Snow responded that the funding was from the Law Enforcement Trust fund. Another request is being prepared to bring to the Commission to vote on to use the same resources. City Manager LaVerriere thanked Deputy Chief Snow for her great presentation on such short notice. Fire Department Fire Chief Jim Stables gave a presentation on the Fire Department's proposed Fiscal Year 2022 budget. Commissioner Romelus inquired why Community Standards is now being moved out of the Fire Department. City Manager LaVerriere responded that Community Standards being under Fire was not practical. Community Standards has been part of Development for the past year. The funding is now being moved over to Development. Fire Chief Stables stated it makes sense that the role and responsibility of a Community Standards/Code Enforcement Officer is a little different then what a Fire Inspector does. Commissioner Romelus asked has there been an improvement in Community Standards? The department was having issues. City Manager LaVerriere replied, absolutely. Morale and performance has improved. There are fewer personnel issues. A career path has been implemented in the department. There has been a 100% turn around. Assistant City Manager Mack stated Community Standards has done an amazing job turning things around within the department. Commissioner Romelus inquired what is the hierarchy breakdown. Fire Chief Stables replied he will provide that information to the Commission. Zo Page 883 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 City Manager LaVerriere confessed she removed the slides containing that information from the presentation. Chief Stables stated the slides would need a lot of explanation; they are busy and a bit confusing. Vice Mayor Hay inquired who would take his place if something were to happen. Chief Stables replied his Deputy Chief. He builds for resilience. Things happen to all of us all the time. Department operations still need to go on, no different than Deputy Chief Snow stepping up and filling in for Chief Gregory. Commissioner Penserga inquired about the $1.5M for overtime, why has it tripled. Chief Stables responded it will be spent this year. Commissioner Penserga asked if the increase was due to Covid. Chief Stables replied there are many different plots that go into the overtime. Part of it is the vacancy rate, the speed that a vacancy is filled. Employment can happen quickly yet they don't become part of affective staffing until oriented and on-boarded. There is a gap between the employed and the vacancies and the overtime fills that gap. Covid did contribute, but it is not the only thing. His goal is to suppress the overtime, yet at the same time paying overtime over having additional staffing is cheaper in the long run, as long as employees are not being overworked. Commissioner Romelus inquired in addition to telling business owners we help decrease insurance rates, what else does the accreditation do for the City? Chief Stables responded that the Fire Department is held to a standard of doing what they said they will do on a continuous basis. With accreditation, the Fire Department goes through an intensive process. The Department is reviewed by a peer group and they award you accreditation. Once awarded, the accreditation an annual compliance report needs to be submitted and the Department has to continue to meet their performance metrics that they are evaluated on. It gives the public a good snapshot of the investment of public dollars into the service that is provided. Commissioner Romelus asked does the City receive any tangibles from the accreditation. Chief Stables replied no, there is nothing that you can put your finger on. The direct result is that it affects insurance premiums, it affects how the community is defined as safe. City Manager LaVerriere stated it is the creme de Ie creme of operational excellence. The Police Department is accredited and to maintain that accreditation is extremely difficult standards to meet. 11 Page 884 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Chief Stables stated that there are three components to the accreditation. There is a community driven strategic plan that is required of the agency that dovetails with the City's strategic plan. There is a standard of cover community risk assessment that is conducted. The final component is the self-assessed manual. The manual is multiple chapters of specific area of fire rescue operations, administration and budget. It says that you are planning ahead and doing what is supposed to be done. Commissioner Romelus stated that the break down the Chief provided helped her understand the tangibles of accreditation. City Manager LaVerriere remarked that by following the accreditation requirements, you are operating the best you can and that keeps people from getting hurt. Mayor Grant asked for a rundown of what takes place when responding to an overdose. Chief Stables replied that the Fire Department is dispatched by the Police Department. Dispatch determines who is supposed to respond and why. Dispatch does an Emergency Medical Dispatch (EMD) response and they prioritize what the call is. Depending on the level of the call determines what units will go to that call. It is no different than a fire call. One of the difficulties the Department has in some instances is cell towers. When cell towers hit, the call might go to a different public safety answering point and it may slow the process. Mayor Grant stated that answered his question. Once fire rescue is on the scene what is the protocol? He has received phone calls from parents whose children have passed away from overdose. He is trying to get the information for them. If the person is not breathing and no pulse, is there an attempt to get a pulse or is the person dead on arrival? Chief Stables responded the answer is that effort is put forth if the patient is viable. Through the medical evaluation of the responding personnel, they determine whether the patient is viable or not. How long has the person been down? How long have they been breathless? Those are things that are really important. Is rigor mortis setting in? That means the person has been down for a long period of time. That is where the determination comes into play. Mayor Grant inquired about the computer tablets. How are they connected? Chief Stables replied there are technical issues taking place with mesh network and connectivity, which has created some problems with the recording process. Having a mesh network will allow connectivity all over the City. The tablets use a wi-fi or cellular signal. There are dead spots in the City were the tablets may not work. This has been a challenge and the Department is working through that. Mayor Grant remarked that the Department is no longer paper and pen. 12 Page 885 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Chief Stables responded the Department can be if there is a technological failure. Paper and pen have never let him down. Computers are sometimes not reliable. Vice Mayor Hay inquired about the $770K price tag for an engine. Chief Stables responded that is the average price, somewhere between $600K and $700K dollars. City Manager LaVerriere remarked that is not a ladder either. Chief Stables stated that a ladder goes for $1.2M. City Manager LaVerriere pointed out that the City started a prefunding program. Every year, the City puts in the budget what will be needed in the future to be able to pay for the trucks. Chief Stables remarked that is a thoughtful program and thanked the City for that forward thinking. Commissioner Penserga inquired about the emergency management and there is so little of the budget devoted to it. City Manager LaVerriere replied that is for the budget for the equipment in the EOC. Chief Stables commented that staff double duties as emergency management. The funding level is appropriate. There is not a need to put additional funding there. Development Adam Temple, Director of Development Services, gave a presentation on the Development Services Department's proposed Fiscal Year 2022 budget. Commissioner Romelus inquired about the internship program. Who is the City partnering with? She also inquired about the permitting workshops. Mr. Temple responded that the workshops are going to be geared toward the public and the construction industry as well. The workshops will not be the same, they will cover different information or changes as they arise. Commissioner Romelus suggested that the staff focuses on frequently requested topics, such as fence permits and pool permits. 13 Page 886 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Mr. Temple responded in-house videos are being created including the topics Commissioner Romelus has suggested. How-to videos will be created and placed on the website. Commissioner Romelus also suggested that the videos be done in Spanish and Creole. Mr. Temple stated that the internship program has received state approval and will be bringing in people from trade schools and high schools. It is a rigorous process that they have to pass in a two-year period to become a licensed building inspector. Commissioner Romelus stated what irks her about government is they wait for the problems to present itself to finally create a solution. Are there other places that the City can identify that there is bottleneck issues happening where the City can say let's do something differently to prevent bottlenecking? The City needs to learn from this and not wait for Tallahassee to finally say we see the problem. Mayor Grant asked, is there an association for building directors? Mr. Temple responded that there is a Building Officials Association of Palm Beach County and the State of Florida. Mayor Grant stated that the Commission needs to look at liens that are 10 to 20 years old and decide what should be done with them. He is not in favor of foreclosing on residents' homes. He suggested send notification of the lien reduction process. He inquired if the Commission would be in favor of notifying the residents of the lien reduction process. Mr. Temple stated that Community Standards does review their active lien list on an annual basis. For those liens approaching the 20-year mark, a letter is sent as a reminder of the lien and that there is a lien reduction process available. Mayor Grant suggested sending the letter starting after the 10-year mark. City Manager LaVerriere inquired is this would be a mailing that would go out in the utility bills notifying residents of the lien reduction process. Mayor Grant stated it would be a letter that is sent out by Community Standards notifying the property of the outstanding lien and the lien reduction process. Commissioner Romelus requested that the notification be a positive notification and not make the property owner feel like they are in trouble. She feels that will help with people being responsive. Mr. Temple stated that Community Standards is currently identifying all the vacant lots that have lot mowing liens. There are properties that the City has been maintaining for years and Community Standards wants to get the property owner to come in and take 14 Page 887 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 care of the liens. There are lien amnesty programs that are available that can be offered as well. Commissioner Romelus asked Mr. Temple to review some of the improvements that have taken place in Community Standards. Mr. Temple stated that Community Standards gages their improvement on the reduction of complaints that are received. He has certainly received fewer complaints from members of the public. 90% of staff resides within the City. It is a very diverse division of personnel. Staff cares about the City and they are empathetic with the needs of the City. Timeframes have been shortened for people being unresponsive to staff and those who work with the City receive more time. The department has two supervisors, one that handles the administrative staff and the other supervisor handles the field staff. There is a wide variety of things that the team is committed to. Commissioner Romelus remarked that she has noticed the positive changes in Community Standards. She also inquired if the Community Standards division is fully staffed. Mr. Temple replied that Community Standards is not fully staffed. They are recruiting for a Community Standards Specialist. Also, there are interviews scheduled next week for the Director of Community Standards. City Manager LaVerriere commented that Community Standards staff is a close group and she has never seen that before. She credits Mr. Temple's leadership and caring about your staff and they know that. Mr. Temple stated that the Community Standards staff was supportive from the first day he stepped into the position. He recognizes his staff is here for the right reason and that is to help people, not hurt them. Commissioner Romelus stated it is time to thank the Community Services Department for the changes and the improvements are continuing to be made. Mr. Temple stated that the department celebrated Code Enforcement Month in June. Recreation and Parks Kacy Young, Director of Recreation and Parks, gave a presentation on the Recreation and Parks Department's proposed Fiscal Year 2022 budget. Mayor Grant inquired about how the memorial tree fund is doing. Mr. Young responded that the memorial tree fund is starting to pick up. 15 Page 888 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Mayor Grant believes that this will help the urban tree canopy program become more implemented. Commissioner Romelus inquired if this was an option to be used at the cemeteries around the City. City Manager LaVerriere suggested that the City Clerk's Office hands out the brochures when cemetery arrangements are being made. Mayor Grant inquired if the amphitheater is under Recreation and Parks. Mr. Young replied that the amphitheater is part of Recreation and Parks' revenue policy. City Manager LaVerriere stated to make reservations for the amphitheater, the City Manager's Office needs to be contacted. The City is currently putting the master calendar together for all City events. Mayor Grant asked if reservations can be made now. City Manager LaVerriere responded yes, by contacting the City Manager's Office. Mayor Grant inquired about the senior tennis tournament. Will the tournament be taking place next year? Mr. Young responded yes, and Recreation and Parks is working with a contractor to run the tournament for the City. There will also be two tournaments prior that will lead to the senior tournament. Mayor Grant inquired if the less used tennis courts in the City could be converted to pickleball courts. Mr. Young responded that at the tennis center there are pickleball courts. Mayor Grant suggested converting the courts at Pioneer park to pickleball courts. Mr. Young stated that two courts at the Tennis Center can be converted to six pickleball courts. Mayor Grant suggested partnering with CRA to have lights put in at Galaxy little league baseball field and at Denson pool. Mayor Grant stated that it should be noticed to the public that they can sign up for recreation programs at the Culture Center and not just at Intracoastal Park Clubhouse. 16 Page 889 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Mayor Grant inquired if the Commission would like discuss the parks and recreation bond to offer enhancement to the City parks. He would like to have the community involved with discussion on how to spend the money. City Manager LaVerriere commented that through the accreditation process, community outreach and surveys through the RecTrac system, the City gets continual feedback throughout the year from residents on the types of programing the City offers. Mr. Young stated that Recreation and Parks just had a needs assessment that was conducted by interviewing stakeholders throughout the community and a survey was provided throughout the community. Commissioner Katz stated that he has spoken to residents in his district. He would not be opposed to putting the question with one caveat that it is made clear in the language that funds are spent equally in each district. He has spoken with residents in his district. They have conveyed they do not object to the idea; they want to make sure that if the bond is going to impose additional debt on the city that is paid through taxes, the funding is split equally amongst the four districts. Mayor Grant agreed with Commissioner Katz, and as he mentioned that each of the districts can use the funds. City Manager LaVerriere commented that this discussion should be at the next Commission meeting. So, the diameters of the project can be discussed and set in place. Vice Mayor Hay agrees that the funds should be split equally amongst the four districts. He does not want the conversations to lead to "my park your park". The parks in the City are accessible to everyone. Assistant City Manager Matos thanked Mr. Young for his leadership and the entire staff of Recreation and Parks for dealing with Covid during the past year and modifying their operations throughout the year. Summer camp was provided through Covid under extreme conditions and restrictions and spearheaded the food distribution throughout the Community. Thank you. Mr. Young thanked the Commission for recognizing Parks and Recreation Month. Golf Course Tommi Ylijoki, Golf Course Manager, gave a presentation on the Golf Course's proposed Fiscal Year 2022 budget. Commissioner Romelus inquired if the rain water is being reused. 17 Page 890 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Mr. Ylijoki responded in a way yes, the water used at the golf course is taken from the canals and the lakes that gather rain water. Commissioner Romelus inquired about the two to three dollars increase. Is the golf course still affordable? Mr. Ylijoki responded yes and they want to be affordable and competitive. Commissioner Romelus inquired if the $300K has been paid back yet. City Manager LaVerriere stated that there is still $125K that needs to be paid back and that should be accomplished in the next year or two. City Manager LaVerriere stated that Mr. Ylijoki has done an amazing job at the course during his first year with the City. Mayor Grant inquired about the vendor at the clubhouse. Does the agreement end in November and will there be a request for proposal (RFP) out again? Mr. Ylijoki replied the contract is up in November, the contract was extended last year for one year. Mayor Grant asked is it possible for the vendor to have a liquor license? Mr. Ylijoki responded currently it just a beer and wine license. Mayor Grant inquired if the Commission would like the course to have a full liquor license. Commissioner Katz asked what is the cost of the liquor license? Mr. Ylijoki replied the cost is not much. It is only a few hundred dollars for beer and wine. A full liquor license could be in the tens of thousands. Commissioner Katz is not apposed if the tenant wants to acquire a liquor license or make it part of the contract that the cost would be covered. Mayor Grant wanted to confirm that the vendor would have the capability to obtain a liquor license. Mayor Grant inquired about the old landfill. When will it be developed? Assistant City Manager Mack stated that the City is still in the process of closing out the landfill with the health department and confident that it will happen this calendar year. Once that happens, then the City can start looking at options for future growth at either the golf course or installing solar on the landfill. 18 Page 891 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Commissioner Romelus commented that she likes the idea of the solar farm. Marketing Mayor Grant thanked Marketing for all the great work they have done this past year. He believes that the tours with the Mayor needs to be updated. What are the events planned for next year? Eleanor Krusell, Public Communications and Marketing Director, replied that the amphitheater is going to be activated. The City has taken over the CRA concerts and movies. Marketing has received 24 calls interested in the amphitheater. A discussion is needed on what the City is going to permit or allow what goes in the amphitheater. The plan is to activate the amphitheater on October 1 st. There will be a tree lighting celebration and that will be more of a family event and it has been budgeted to bring the tree back as well. Commissioner Romelus inquired where will the tree be. Ms. Krusell responded where the butterfly is located, the pad was designed for the tree. The contract for the butterfly expires in February. She has had discussions with Assistant City Manager Mack and suggested that the tree goes back to the front of the Children's Museum to coincide with the parade, so the lights and celebration will be earlier. The parade is the first Saturday of December. Dollars have been allocated to do a Caribbean Festival or a Cultural Festival at the amphitheater this year. There will be additional lighting at Sara Simms during the Holidays. Mayor Grant inquired if the City is planning on partnering with a nonprofit. Ms. Krusell replied that money has been budgeted to contribute. Ms. Krusell would love to work with a com m ittee. Mayor Grant stated that having committee for the event will make a huge difference. Commissioner Romelus asked in what month will the Caribbean Festival take place. Ms. Krusell replied she does not have a month yet. Commissioner Romelus suggested to hold the Caribbean Festival in May and she will be happy to help build the committee. City Manager LaVerriere noted that the budget for special events went from $190K to $335K in special events and holiday lighting. 19 Page 892 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Mayor Grant suggested partnerships by reaching out to the radio stations, television stations and the newspapers. This is something that needs to be done. Mayor Grant suggested using the 3rd and 4t" floor lobbies for a VIP section. City Manager LaVerriere stated that the 3rd and 4t" floors are secured and not for public access. There is a community room downstairs with a kitchenette set up. The 4t" floor balcony is for having small events with the Commission and not necessarily opened up to the general public. Mayor Grant stated he always envisioned the 3rd and 4t" floor as a VIP area. He understands the safety and liability. Safety and liability are at all of the facilities. He asked the Commission if they would like to move forward with determining fees for both liability and safety for us to use the 3rd and 4t" floors as a VIP area. Ms. Krusell stated the area where the butterfly is would make an awesome sponsor area. City Manager LaVerriere stated the vision was to use City Hall Lobby for events as well. The area could be used a private area by a sponsor. She cautioned on using the 3rd and 4t" floors for VIP space for private productions of events. If the City is holding the event and want to use the 3rd and 4t" floors, that is okay. Mayor Grant thinks that it is wrong to say the 3rd and 4t" floors are for City employees only. Commissioner Katz stated setting fees for the use of the 3rd and 4t" floors should not be done by Commission. If management feels that there are security concerns and a proximity concern, he defers to staff because they work there. Commissioner Penserga inquired about how the Marketing team is growing. Ms. Krusell stated that Laura Lansburgh has been moved to Assistant Director, Chelsea Sanabia has been moved to Coordinator for events, and last Friday an offer has been made to an Events Manager. In addition, there is an events specialist position open that has been noticed internally. The Digital Media Marketing Manager position is open as well. City Manager LaVerriere commented that the CRA will be handing the Pirate Fest over to the City within the next 3 years. Mayor Grant announced that the workshop will continue tomorrow morning at 10:00 a.m. zo Page 893 of 1906 Budget Workshop City Commission Boynton Beach, Florida July 12, 2021 Adjournment The Mayor adjourned the meeting at 10:07 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor—Woodrow L. Hay Commissioner— Justin Katz Commissioner— Christina Romelus Commissioner—Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 21 Page 894 of 1906 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, July 20, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney Commissioner Christina L. Romelus Crystal Gibson, City Clerk Commissioner Ty Penserga Absent: Commissioner Justin Katz 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:33 p.m. Roll Call City Clerk Gibson called the roll. A quorum was present. Invocation by Rabbi Michael M. Simon of Temple Beth Kodesh The Invocation was given by Rabbi Simon of Temple Beth Kodesh. Pledge of Allegiance to the Flag led by Commissioner Romelus Commissioner Romelus led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested an item to be added under Administrative to discuss his upcoming trip to Washington, D.C. Commissioner Romelus requested to have a proclamation added to the agenda as Item 3E. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Penserga Page 895 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Romelus had no disclosures. Commissioner Penserga had no disclosures. Vice Mayor Hay disclosed on July 17th, he attended the Feeding South Florida event. Mayor Grant disclosed that on July 7th, he attended story time at the Library. On July 8th he attended a luncheon at The Lord's Place at their new temporary location. On July 15th he attended the TPA (Transportation Planning Agency) meeting, and that afternoon he did a tour of Hunters Run's new facility. On July 16th, he attended the Land Use and Economic Development Committee meeting; the item he put forth will be going to legislation. On July 17th, he attended Rock the Block. On July 18th, he attended Troy's 25th anniversary. On July 19th, he met with US Secretary of Labor, Marty Walsh, with Louis Franklin at the City of Palm Beach. July 20th, he went to the Al Amin Center for Eid al-Adha the Feast of Sacrifice. He also spoke with Thompson Scott. 3. Announcements, Community and Special Events and Presentations A. State Representative Emily Slosberg to provide an update on the 2021 Florida Legislative Session. State Representative Emily Slosberg, House District 91, provided an update on the 2021 Florida Legislative Session. This session was difficult for everyone involved. The State of Florida was open except for the Capital. Legislation did pass a $101 B dollar budget, most of it came from the American Rescue Plan. House Bill 673 Gail's Law. Gail is a resident of Orlando who was brutally and sexually assaulted. Her rape kit sat on a shelf for over 30 years. Gail was contacted last year and after 30 years of not knowing anything, it turned out that her attacker had been a serial rapist and had been incarcerated for the last decade. House Bill 673 requires law enforcement to create and maintain a statewide database tracking sexual assault. It gives the victim the opportunity to track their rape kits throughout the process. A bill was passed that will allow automatic renewal for home exemptions for low income seniors. Another bill that was passed was the bicycle and pedestrian safety. This will allow for bike lanes and when you can ride two across and when you can ride single file. The state has a problem on the roadway with bicyclist and pedestrian fatalities. Representative Slosberg did file legislation to make handsfree. Currently handsfree is only in school and active construction zones. Senate Bill 90 restricts accessibility to voting. It will restrict the hours for the mail-in ballot drop boxes. The bill also prohibits water and food to be passed out at the voting locations. Several extension laws were passed as well. Home-based businesses will have to comply with zoning within the city. District boundaries will be redrawn for state and federal legislators. 2 Page 896 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 Vice Mayor Hay inquired what was the rationale behind not allowing food or water to be handed out at voting locations. Representative Slosberg responded the premise of the bill was to strengthen the intergrity of elections. She does not see how not allowing water and food distribution at the polling location strengthens the intergrity of elections. Mayor Grant inquired about the 100 feet distance from the polling location. Representative Slosberg stated that it was going back and forth between the House and the Senate, in the end it stayed the same distance. Mayor Grant stated that he was happy to hear about Gail's Law. Is there a way that in the future that the legislature could help get the funding for retesting of DNA on cold cases? Representative Slosberg replied that is something she will ask the committee to look into. Commissioner Penserga thanked Representative Slosberg for championing Gail's Law. He inquired why is there a back log of rape kits and what can the State do? Representative Slosberg stated that it comes down to the resources. She is happy to report that the back log of rape kits has been cleared. The State no longer has a back log. Commissioner Romelus stated that it is very important to have women in office and representation. Things like Gail's Law gets across the table and get done. B. Dorothy Jacks, Palm Beach County Property Appraiser, will provide an annual update to the CityCommission. Dorothy Jacks, Palm Beach County Property Appraiser, provided a presentation to give an annual update. Mayor Grant asked why is the appraisal different from the sale of a multifamily property? Ms. Jacks responded that multifamily is valued as commercial property and normally on commercial property an income approach to value. They look at what is rent on the units how many of the units are occupied. It is the same concept as an office tower. That is why the numbers are different. Mayor inquired if the property appraiser looks at audited financial statements or statements that are provided by the property owner. Ms. Jacks stated that the appraiser's office looks at their statements, yet if they seem to be out of the realm of reality they will not use them, and would use a compatible property. 3 Page 897 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 Mayor Grant stated that industrial or office space that has sold they are not appraised at their market rate they are appraised at their income rate. Ms. Jacks commented that it about the value in use. Commissioner Romelus stated she would like to see the housing median for the fiscal year. Ms. Jacks stated the appraiser's office goes by calendar year, they will know more in the spring of next year. The first quarter of this year was strong, the second quarter not as strong and the appraiser's office is waiting to see what the third and fourth quarters bring. All homesteaded residents will only see an increase of 1.4% that is the change in the CPI which what the cap is set at. Commissioner Romelus inquired if the appraiser's office has open workshops explaining the value of their property. Ms. Jacks responded that the appraiser's office does as much as they can especially with the website and social media. Informing people if you are a full time resident here and you have not moved everything should be relatively okay. The proposed tax bill that is mailed every August will show them property value and the increase in property tax. It gives the property owner the opportunity to petition the value of their property if they think it is too high. C. Proclamation recognizing and commemorating the 31st anniversary of the Americans with Disabilities Act (ADA). The proclamation will be accepted by Stephanie Soplop, Recreation and Assessment Specialist and Ted Goodenough, ADA Coordinator Assistant. Stephanie Soplop, Recreation and Assessment Specialist, and Ted Goodenough, ADA Coordinator Assistant, accepted the proclamation. Ms. Soplop thanked the Mayor for signing the proclamation. She knows that the City does have a commitment to inclusion and acceptability in Boynton Beach, it's not just words on paper it has true meaning. A debt of gratitude goes to the former ADA Coordinator Debbie Majors who started inclusion in the City. Mr. Goodenough sends emails to the City employees called Terrific Tuesdays with Ted to continue spreading inclusion and acceptability knowledge. Ted is going to say a few words about that. Mr. Goodenough stated that at his side is Rosie his guide dog. In 1972, he was told that he was legally blind there was a pause in the room it was quie and he finally said, is there an illegally blind? When the ADA law was signed in 1990, he went to the company he was working for and told them about the new act and that there were tax credits available to them. They came back two weeks later and said you are not sick. Not seeing is a disability and 35 years later he is helping people to understand that this a law not a suggestion or a guideline. City Manager LaVerriere stated that Ms. Soplop is being humble as she is officially the Interim ADA Manager. Ms. Majors did a tremendous job in prepping Ms. Soplop to step into the position and Ms. Soplop is doing an outstanding job. She also stated that Mr. 4 Page 898 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 Goodenough and Rosie are missed in the office. Mr. Goodenough stated that he cannot wait until has a neighbor so he is not all alone. Mayor Grant inquired if it is possible to add a link in the newsletter to Mr. Goodenough's emails. This way more of the City is aware of what Mr. Goodenough is doing for the City. Mr. Goodenough stated that he does have all of his emails archived. Commissioner Romelus asked Ms. Majors to stand up for ovation. When announced at the prior Commission meeting, Ms. Majors was unable to be in the Chambers. D. Proclaim August 3, 2021 as "National Night Out." Boynton Police Sgt. Henry Diehl will accept the proclamation. Sgt. Henry Diehl accepted the proclamation. Sgt. Diehl thanked the Commission for the proclamation. He announced that National Night Out will be on August 3rd between 5 and 8 p.m. at Barrier Free park 3110 S. Congress Avenue. He said to come on out and have some fun with the Boynton Beach Police Department. City Manager LaVerriere stated that August 3rd is the National Night Out and cannot be changed. E. Proclamation recognizing and commemorating the 10th anniversary of Digital Vibez. Commissioner Romelus accepted the proclamation on the behalf of Digital Vibez. She stated that Will Romelus, no relation, is a local Palm Beach County native and he started this nonprofit a decade ago. Mr. Romelus' intention was to just help kids be healthier, to help kids get away from the screens and the computers and to just get out and have fun and dance and do the things they like to do but bring physicality to it. To see the growth his organization has been able to have and the impact they have been able to have on our young kids. Tiktok is an app and they posted a video on Tiktok a couple months ago and it went viral. Over 42 million people viewed the video. It is just amazing. They actually caught the attention of the artist, Natasha Bedingfield. For anybody does not know the song, "I've Got a Pocket Full of Sunshine." Natasha Bedingfield is going to be live in person in Palm Beach County. You know, that is the impact and the significance of just one little dance video on Tiktok going viral. She is going to be interacting with these young kids and teaching them special dance moves and all that good stuff. This is happening in our backyard in West Palm Beach. Commissioner Romelus invited everyone to bring their kids, grandkids and come have some fun and get them away from the tablets and screens. She added that she will be getting her kids away from that, too. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of 5 Page 899 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 the Chair,this 3 minute allowance may need to be adjusted depending on the level of business comingbefore the City Commission) Dave Beasley, 190 South Boulevard, said he is here about the Building Department again. He was here before, there was some discussion, but he did not get any reply from that. He said he knows as an attorney, Mr. Mayor, if you looked up an obscure law, you could have me arrested today. You can do that. We feel like the building department does that to us now. They are looking up obscure things that do not matter. He said if you did have me arrested today, he has recourse. He can go to court. He can file an appeal. Getting this from the Building Department, he has no recourse. If a code is misinterpreted, there is nothing he can do about it. He has an instance now where he has a detached guest cabana. He was told by Louis that he cannot do that. He does not know why. He has done it before. There are quite a few cabanas in Hunters Run. He has two in the building department in Delray right now. He has one in Lantana, and he knows they have done them in Boynton in the past. He guesses that a cabana is not considered a second residence on a single-family lot, and that is what my client was told. Louis told me that is it. He said, okay, he will do a covered walkway to the cabana. No, you cannot do that, it has to be enclosed. If he encloses it, it will attach to the garage. Louis said, no, it has to be attached to the house. He does not believe that. He does not believe that to be true. He has no recourse and there is nothing he can do. He was told to file for a variance. He will not get a variance. That is for a hardship, there is no hardship. The other thing is in Hunters Run again, he has a client that applied for a shower pan permit. It took five weeks to get a shower pan permit. Today he had a contractor call him in Hunters Run again. There are bands around the windows on the apartment buildings there. When the condos were built in the early '80s the window bands were made of wood and has since rotted out. As of the other day they were putting stucco bands around the windows. Somebody stopped and said you have to get a permit to do that, to put stucco bands around a window. He comes to me to get a drawing for a band around a window. He added that he thinks that is a little out there. He has got condos that took seven months to get a permit. It took my neighbor seven months to get a permit. She is making a mortgage payments. Seven months. He Has another one at Inlet Harbor Club. In fact, it is Jean Moore's, is that my three minutes. Mayor Grant stated that is your three minutes and he was sure he could go on. Mr. Beasley replied he could go on forever. Mayor Grant stated that he appreciated Mr. Beasley coming here tonight. He has heard this from numerous residents. The City is changing the building department. Whenever you are building a new road, have you to slow down for a little bit. However, if someone is waiting more than the six to eight weeks, it becomes the problem. He asked what is the City doing regarding the backlog of permit applications. City Manager LaVerriere stated that Adam Temple is prepared to talk about the 6 Page 900 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 implementation of our new system. It is up and running and the department is catching up. He can give some statistics really quick. Mayor Grant requested that before Mr. Beasley leaves, can Mr. Temple give him his contact information? City Manager LaVerriere stated that staff would be happy to sit down with Mr. Beasley and go through and take a look at the permits he has. Mr. Beasley suggested a workshop meeting. He can bring contractors and sit down with the building department and figure that out. City Manager LaVerriere pointed out Mr. Temple and told Mr. Beasley to see him to set something up. Mayor Grant requested that the workshop be put on future agenda to have a discussion with the Commission regarding the status of the workshop. Bernice Carley commented that she is a little nostalgic tonight because she used to play pool here and dance here. She grew up on Northwest 6th Avenue. The Boynton address is 204 Northwest 6th Avenue. She said her mom worked for City Hall, her sister was the first female dog catcher, her dad worked at the post office. She went to Boynton Elementary and Boynton Junior High. In her senior year, Seacrest High School became Atlantic High School. That is when she became sisters with Debra Walker. We are in Boynton for the celebration of the 50th anniversary of Atlantic High School. We are having a reunion October 29th, 30th, and 31St. We would love a proclamation. We did not even come here for that. We would love a proclamation, that it is the first class. We are considering ourselves the first class of Atlantic High School. It was not an easy year, believe me. Our reunions are so much. We have some information about our reunion we would like to leave with you. She said maybe the City could put it in a newsletter and she will let Ms. Debra say a word. Debra Walker stated she is a Delray resident and they go by Bernice and Debra, aka Bee and Dee. We are extremely excited. We are co-chair people for the reunion, and the reunion is going to be in Delray. However, we are coming to Boynton on Sunday to go to Lakeside Christian Church for church service. We will be going to Atlantic High School on Friday for a football game, dinner and dance on Saturday and then on Sunday we will come to church. We also have a memorial service to honor our fallen classmates. For those of you that are too young to remember back in 1971, we only had Atlantic High School. Most of the students from Boynton and Delray went to Atlantic. There were a few stragglers that went to Boca Raton High and Lake Worth High. Those folks are all represented still here in Delray. We have got people coming from around the country. We have got folk in Idaho and Iowa coming to the reunion. The majority of us are coming from Delray or Boynton. She lives in Delray, by the way, still. We wanted to put it out there. We want you guys to come and see. Mr. Mayor and one of the Commissioners, we are 7 Page 901 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 inviting you to our dinner and dance at our expense on Saturday night and we will get that information for you. It is October 30tH Ms. Carley stated that Commissioner Romelus is coming. Ms. Walker commented that is why we are here to talk about Atlantic High School's first graduating class. Mayor Grant stated that he would happy to help provide a tour of the City so they can see what the City has become and reminisce about what it used to be. Commissioner Romelus stated she grew up in Delray. She commented that though she is not an alum of Atlantic High School, she was in the marching band at Atlantic High School, which was her home school. We were the eagles, still are the eagles. She still feels that she is a fellow eagle along with Bernice and Debra, even though she graduated from South Tech as a Bulldog. That sounds exciting. She hopes she can party along with them. Ms. Carley stated that they are hoping Denzel comes because she invited him. Commissioner Romelus inquired Denzel Washington? Ms. Carley stated that the movie Remember the Titans was about what they went through. They had bomb scares, riots, no one was happy about losing their school but we made it. We came together, mostly through our football. Ms. Walker stated she was the first African American cheerleader at Seacrest and Atlantic High School. Vice Mayor Hay commented just as a piece of history, the Eagles, the mascot for Atlantic came from Carver High School because they kept the mascot for Carver, which he was a part of. He said he feels connected. Annette Grey, GDBC Entrepreneurship Institute, said she would be remiss if she did not take a moment to say thank you to the City of Boynton Beach. Our Christmas in July for the homeless this weekend was amazing. It was moving, it was impactful. The City of Boynton Beach really saved the day because about four days prior to the event we lost our location. If not for the great relationship and support she has had over the years, not just from your staff member but from your leadership team, our event would not have happened. Lori LaVerriere, you are amazing. Police chief, you are amazing. Fire chief, you are amazing. Staff, the marketing department, everybody pulled together and helped us to have this event. She was exhausted from making it happen but so fulfilled because one of the people we helped was a young man who had not had a shower in three months. She is still emotional about it because he came up and wanted to take a shower. He took a shower. Then he wanted to take a picture because he felt he was clean enough to stand 8 Page 902 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 next to her now. Commissioner Penserga, thank you so much for sponsoring the mobile shower and laundry units. It was a community event, young, old, black and white. She added that she wants everybody to know we made such an impact and said thank you. Sarah Parrish, SW 1St Street and 12th Avenue. Her concern is the drivers that are running the stop signs in her neighborhood. About a month ago a driver ran a stop sign t- boned another car and her car ended in the front of my door. She said she was there to represent this HOT-C (House On The Corner). All the houses on the corner that she did get a chance to go to today, and she got 20 signatures today, are concerned about this because we see it all the time. She was unable to go through the whole neighborhood yet she is going to continue to do that. There was another time we woke up and there was tracks through my yard. She said she thought it was vandalism. She does not know what she is going to do. One of the ladies, which was a victim also signed it for her. She is at home with a bad back. We are going through a whole lot to get my yard repaired. She is not worried about that, just the fact that nobody died. They run through the stop signs like they are nothing. The police department came out and put red flashing lights and it did not work. She was walking along Woolbright and Seacrest, near 7-Eleven. She noticed a solar camera. She requested that solar cameras be put on the stop signs so tickets can be issued because it is really getting bad. Mayor Grant stated thank you for bringing this to us. You stated 1St Street and 12th Avenue, which one? Ms. Parrish replied Southwest 1St Street and 12th Avenue. She has seen four accidents since she has been there and she has been there four years. Every year she has seen an accident. There are no speed signs. We have kids who walk to Forest Park and there are no crossing guards there. The sidewalk only goes a portion, the kids have to cross the street to get back on another sidewalk. Very dangerous. There are cars that park across the sidewalk. It is really bad. Mayor Grant stated the City is implementing a program with ARPA funds to what is the Drive safe, Boynton. Thank you for coming here and please leave your list with our City Clerk. Ms. Parrish inquired when she comes to the next meeting. Mayor Grant replied absolutely. Our City Engineer, Interim Public Works director will speak to you about the program and see where you are on the list for Drive Safe Boynton because it is not just your area. Commissioner Romelus asked her to repeat her name. Ms. Parrish replied Sarah Parrish. Commissioner Romelus stated she appreciates Ms. Parrish bringing attention and 9 Page 903 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 awareness to this. This is not something new. We have been talking about Southwest 13th and Southwest 12th, these two roads especially when people use it as a cut-through when they do not want to wait on Woolbright. It is a big problem. The City has been discussing this for years how to improve it and fix it. The City has done a couple of things. There is more to do obviously. The City has been working on it, discussing it and the City has more things to implement to keep fixing the problem there. Gary Maresca, Dos Lagos, owner of GM Construction Inc. Mr. Beasley asked him to come over and say a few words. My business has been located within the city limits almost 30 years. What is happening is the building department plan reviewers are interpreting these codes with ordinances to the extreme, and they are actually creating a hardship for the owners and a hardship for the contractors. On the contracting side, he does not work in Boynton Beach because he cannot have men sit around and wait for permits. It is true to take two, three, and four months. On the client's side they hire unlicensed people. When you explain to them what it takes, how much it will cost, they cannot afford it. And there has to be a balance of something somehow. A Town of Palm Beach inspector who has rental properties here wants to put a fence up. His father used to work in the building department. Not only does he need a permit because it is a rental property, even though he is extremely qualified as the threshold inspector, he has to hire a general contractor and also get engineering. You cannot find engineering for the fencing at Home Depot. These are some of the extreme instances that the people in plan review of the building department are actually controlling the entire building department and also driving the bus. They are not letting the inspectors take and look at what is out there, and they are not going out there and seeing. They are asking the architects, the builders to document all this information that really is not necessary or can be checked in the field. Case in point we have a repair on one wall. It took two months to get a permit. One inspector said, okay, tell us about your smoke detectors. We are not touching electrical. You need to comply with the electrical code. Yes, it is in the book, why cannot the inspector at the time of inspecting look at it. He said the building department insisted he get an electrician throughout the entire home for one repair, show all the smoke detectors and get a permit. That is why builders do not want to work in Boynton Beach. Mayor Grant stated he understands. He has heard from multiple people sometimes the City loses the original drawing or does not have the original drawing and the homeowner or contractor needs to create a drawing of what is already there for the City. It is something that we need to have the workshop because we have a lot of new homeowners. We do not want the mentality, "let's not get the permit and build anyway." Mr. Maresca stated he is not good at this. He has never done this before. The plan reviews you need to understand that in the first chapter of the building code when it comes to it says the laws that were in existence at the time of the building completed shall be permitted to comply with the provisions of the laws in existence at the time the original building was such permitted. But in their far grasping reach, well, is the egress okay, is this okay, is zoning okay. He understands it but it goes so far beyond the actual codes and the intent of building, and this is what the people that are sitting behind desks doing 10 Page 904 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 to the contractors and the owners. He cannot afford to build here. They do not want me. They want the unlicensed guys. Commissioner Romelus stated that she has been working with staff profusely on this for the last few months and years really, because we have all sat here and listened to developers, builders and general contractors. She has experienced some of these difficulties. It is not something that the City is not aware of. The City has internally discussed what problems are. One, it is lack of actual planned reviewers that are in- house, the City is contracted with outside entities to review our plans and that causes that bottleneck effect where they are having one person who tells you this and another contractor that comes from somewhere else and they tell you that. She understands his frustration. The City has implemented a system that will try to take permitting process for some of our more frequent permitting processes such as fence permits and pool permits. The City is in the process of implementing a system that helps stream lines it The City is hoping to see improvement from that and working to do a couple more things. The City is are aware of these problems. The City is working to fix them. In addition to that, the City is also doing things like being willing to sit down and have this workshop because she thinks that a workshop will be a very instrumental and eye-opening resource to really talk with the people who are on the ground like you and the people who are at the desks like some of the people we contract with and bring them together and have a meeting of the minds and try to figure out what are some of the parts we can iron out to streamline the process and make it easier. She understands it, sometimes what is on paper does not compute it does not make sense when you are implementing it on the ground. That disconnect has to stop. Let me apologize to you guys on behalf of government just does not get it right. This is one of those moments that should not impede your way of life, nor should it prevent you from doing business in the City of Boynton Beach. The City is a business-friendly community. The City does want a have a situation where people are saying, "forget it. Throw my hands up. I cannot work here." The City is going to do its best to work with you all to fix that. The City is going to do its best to make things better moving forward. 5. Administrative A. Review and approve proposed agenda for art advisory board agenda workshop. Glenn Weiss, Public Art Manager, stated that the Art Advisory Board has a proposed date and agenda for the workshop. The proposed date is Saturday, August 21 st at 10:00 a.m. here in City Hall. The board is not sure which room that would take place in. There are three simple items on the agenda that need to be addressed at the workshop. Mayor Grant commented he is excited to hear the recommendations. Normally, the advisory boards do not come to the Commission meetings and present to the Commission. It has been too long since that has happened. He is looking forward to the education of public art. How to we plan to educate not just children but adults as well? 11 Page 905 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 Mr. Weiss remarked that is very important to several of the members of the Board. Commissioner Romelus stated she is also looking forward to the third agenda item, which is the communication participation especially by diverse communities. She definitely wants to see more inclusion in the art and artists that we are curating from. Commissioner Penserga stated that he supports the proposed agenda. He does have a question regarding item two. It says evaluation and recommended proposals for those events. Could you elaborate what they mean by evaluation? Are they evaluating financial sustainability of these events? What are they evaluating exactly? Mr. Weiss commented that the Board is looking at the full roundness of particular events, especially kinetic and Avenue of the Arts on Ocean Avenue. They would recommend to the Commission that is the way they would spend the City's Art in Public Places fund money in terms of the event but also how was it successful the last time it took place. Who did it benefit? How did it benefit the City? What are the ways in which it is a gift to the City and to the citizens here today. Commissioner Penserga stated excellent, those are the same questions he would have. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Ratify the selection of Julie Mondello as the Chair and Betty Pierce- Roe as the Vice Chair of the Recreation & Parks Advisory Board. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Appointment of eligible members of the community to serve in vacant positions on City advisoryboards. D. Consider approval of the Mayor traveling to Washington D.C. in his official capacity as Mayor to present and support Federal Govt. assistance for Cuba and Haiti. Mayor Grant stated that last Thursday, he forgot to mention in his disclosures, he was at the box gallery for the press conference for the community showing support for the self- determination of Cubans in Cuba and that the regime that is in Cuba allows for election. Part of the call was to have local elected officials go up to Washington, D.C. and help lobby and petition the Federal Government and Congress to help our neighbors to the south. He spoke with Councilwoman Frankel, who is on a subcommittee for foreign 12 Page 906 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 affairs, and he is meeting with her assistant, Bradley Solyan. In addition, the City has a sister city in Haiti. He believes the current Prime Minister has requested U.S. Troops for their next election. The last aspect is he did receive an e-mail from the recognized government of Venezuela who are looking for locations to help with the new TPS matters for Venezuelans. TPS stands for temporary protected status. That is something he thinks should be put on future agenda to help people looking to be here legally to encourage that. He is not asking for any money, but requests the consent of the Commission to travel as the Mayor of Boynton Beach to D.C. Commissioner Penserga stated to clarify, you are going there in a lobbying capacity to support the people of Cuba and Haiti? Vice Mayor Hay commented that it is more of a data gathering, not a position of this Board. Mayor Grant replied, correct, he wants to go as the Mayor of Boynton Beach and that is the request tonight. Vice Mayor Hay commented he does not have a problem with it. Commissioner Penserga stated that he supports it as well. Commissioner Romelus commented it is a little personal, apologized and asked for a second away from the dais. Mayor Grant commented, all right and that he needs a motion. Commissioner Penserga reiterated that the Mayor is going there to obtain information and to come back to us and give a presentation. Mayor Grant replied, correct. He has a meeting with Lois Frankel's assistant there, Mr. Solyan, to help Cubans in Cuba, Haitians in Haiti and Venezuelans in Venezuela. There are family members here in the City of Boynton Beach seeing the stories on social media, hearing the stories in the news of what is going on. He thinks as a democracy that we are promoting, we should help countries that need assistance. He understands that this is not necessarily within the job title as mayor. That is why he is asking permission to go as mayor. Otherwise he can still just go as Steven Grant. Commissioner Romelus thanked the Mayor for giving her a second to collect herself. In her personal opinion, she would prefer he goes as Steven Grant, not as the Mayor of the City of Boynton Beach, simply because this is a very contentious issue for several people. She personally does not support U.S. Troops being on Haitian soil, so she cannot stand and say she would support the Mayor going to Washington, D.C., to lobby for that, wearing the title of Mayor of Boynton Beach. She is going to personally decline his request. 13 Page 907 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 Mayor Grant replied that he did not say that for the nations of Cuba and Venezuela because he knows it is a sensitive subject of sending U.S. Troops over there. He does believe the Biden administration has sent troops to protect the embassy. It is something that he was listening to what that administration was requesting. For his trip in Haiti, he saw the national police and he saw the military that is there. There is assistance that is needed. Whether it is troops or not troops, he will still be lobbying for assistance for Haiti after the assassination of their prime minister. Commissioner Romelus stated the President was assassinated, not the Prime Minister. Mayor Grant stated that it is her determination whether to make a motion or not. But that is his belief that trying to lobby our federal government for the assistance, in addition to help with the infrastructure bills. He believes there are two going on. Build back better, to bring back infrastructure to our City. He spoke with Councilwoman Frankel about that. Also, to make sure the City is understanding how to use our ARPA funds. He apologized for upsetting Commissioner Romelus. Commissioner Romelus commented no need to apologize. She would be in favor of the Mayor going as the Mayor of Boynton Beach as long as it is not to take a side or to make a particular stance on any international affairs that do not fall within the purview of the City of Boynton Beach. She thinks it is good and well that the U.S., if they so choose, can provide aid. But again, there is history, having U.S. Troops on Haitian soil, a sovereign nation, there is a lot there. There is a lot to unpack there. She cannot take the position as a City Commissioner to say that he should go and lobby for that in that regard. But if he is lobbying for things relevant to the City of Boynton Beach, please, absolutely go in his capacity as Mayor of Boynton Beach because that only benefits our residents. Anything internationally related should not be under the purview of that. Mayor Grant stated that he understands and accepts the limitation. Commissioner Penserga stated to be absolutely clear, he is going as our Mayor in an information capacity to bring back suggestions or proposals on how we could be helpful from the City level. Not to take a particular position in Washington. Mayor Grant replied, absolutely. Vice Mayor Hey inquired about the Mayor lobbying. Mayor Grant stated he would like to, however, that is not something he has done. Motion Commissioner Penserga moved to approve the Mayor to travel to Washington D.C. in his official capacity as Mayor of Boynton Beach, for informational/data gathering purposes 14 Page 908 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 only. Vice Mayor Hay seconded the motion. The motion passed unanimously. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for"Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Accept the written report to the Commission for purchases over $10,000 for the month of June2021 . B. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for July 20, 2021 - "Request for Extensions and/or Piggybacks." C. Approve the Piggy-back of the State of Florida Alternate Contract #43211500-WSCA-15-ACS for the purchase of Dell workstations, Monitors, and accessories from Dell Marketing LP of Round Rock, TX in an amount not to exceed $57,786.09. The Florida Alternate Contract procurement process satisfies the City's competitive bid requirements. D. Proposed Resolution No. R21-078 -Approve and authorize the City Manager to sign the Statement of Work Summary from ERMProtect (Enterprise Risk Management) piggy-backing a previously approved on August 4, 2020 GSA Contract number GS-35F-0417X to renew the purchase of Qualys advanced threat detection and patch management software to monitor, detect,remediate and prevent cybersecurity events on our City computer assets for the annual cost of $42,000. E. Proposed Resolution No. R21-079 -Approve transmittal of the City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report for FY2017-2018, and authorize the Mayor to sign the corresponding Local Housing Certification. F. Proposed Resolution No. R21-080 -Approve the City's Local Housing Assistance Plan (LHAP) for Fiscal Years 2021-2022, 2022-2023, and 2023- 2024. G. Proposed Resolution No. R21-081 -Approve an amendment to the consulting agreement with Kimley Horn & Assoc., Inc. (KHA) for an additional $72,115.00 and the survey agreement with Wantman Group, Inc. (WGI) for an additional $15,685.00 for services associated with the SE 1 st Street Sidewalk Improvements and approve the utility Capital Improvement Plan(CIP) budget transfer of $87,800.00 to fund the additional services. H. Proposed Resolution No. R21-082 -Authorize the Mayor to sign an amendment for a time extension to the State Grant Agreement with the 15 Page 909 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 Florida Department of Health (FDOH) for the purchase and installation of fluoride storage and feed equipment at the City's East Water Treatment facility. I. Approve minutes from the City Commission meeting on July 6, 2021 . Motion Commissioner Penserga moved to approve the Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for July 20, 2021 - "Request forExtensions and/or Piggybacks Over $100,000." B. Authorize utilizing the GSA contract GS-07F-173GA, previously approved on 9/1/2020, for the purchase of security equipment and services for Real Time Crime Center, Intracoastal and Harvey Oyer Parks on an "as needed basis" from Broadcast Systems up to the amount of $485,000.00. C. Proposed Resolution No. R21-083 - Approve and authorize City Manager to sign a 5 year agreement with Motorola Solutions for the Vigilant LPR fixed subscription model solution forthe total amount of $250,799.40. D. Approve award of Annual Supply of Brass Fittings and Accessories Bid #083-1412-21 to the following three (3) companies Core and Main, Ferguson Enterprises, and Fortiline Inc. with anestimated annual expenditure of $250,000. E. Proposed Resolution No. R21-084 -Approve Change Order No. 1 to amend the contract with Southern Underground Industries, Inc. in the amount of $143,129.09 with a time extension of 120calendar days. Motion Vice Mayor Hay moved to approve the Consent Bids and Purchases of $100,00. Commissioner Penserga seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 16 Page 910 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 A. Proposed Ordinance No. 21-023 Second Reading - An Ordinance of the City of Boynton Beach, Florida, amending Article III of Chapter 18 of the Boynton Beach Code of Ordinances entitled "Municipal Police Officers' Retirement Trust Fund;" amending Section 18-169, Requirements for Retirement Benefit Amounts, providing for conflict, providing for severability, and providing for an effective date. Attorney Cherof read Proposed Ordinance No. 21-023 by title only on Second Reading. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 4-0. 9. City Manager's Report A. Joseph Paterniti, Utility Director will give a brief presentation on the Utility's 2020 Water Quality Report and the Utility's backflow prevention and cross connection control program. Joseph Paterniti, Utility Director gave a brief presentation on the Utility's 2020 Water Quality Report and the Utility's backflow prevention and cross connection control program. Commissioner Romelus inquired about the backflow. Are the residents supposed know how to test it? City Manager LaVerriere stated that it does not apply to residential. It is a device that is used that if there is a drop in the water level the device keeps debris from being sucked back into the system. She commented that Vice Mayor Hay inquired one or two meetings ago about some of the issues that surrounding cities have had recently and it was related to backflow. Staff wanted to assure the Commission there is a system in place that is tracked, monitored and inspected annually to make sure devices are appropriately working. Vice Mayor Hay stated good job, this answered a lot of his questions. Sometime in the past, we used to consider the idea of selling Boynton Beach water. Would you say based on what we have in place you would still hold to that? City Manager LaVerriere stated the City has the best water in south Florida. The City has excellent water quality and a great aquifer. Vice Mayor Hay inquired what were the problems the other cities were having and what 17 Page 911 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 is the City doing to prevent it from happening in Boynton Beach? Mr. Paterniti replied he is not exactly sure what some of the problems other cities had. His understanding is that Delray, specifically, was using irrigation, providing reclaimed water to residential homes. He believes there was a cross-connection that went undetected in a residential development. That is kind of where that started. That is pretty much the limits of what I know I can say about it. Vice Mayor Hay asked what is the City doing for cross contamination? City Manager LaVerriere replied one was an illegal cross-connection, so Delray was not aware. She would not recommend that the City start opining on what happened there because the City does not have the details of the full scope of what occurred. The City does have a backflow prevention program in place, as does Delray and other cities. By law they have to. She thinks there was unique circumstances in Delray. Vice Mayor Hay asked how often does the City inspect the 30 production wells? Mr. Paterniti responded that the City has an annual inspection process. The City just rehabilitated three of them in the western oilfield and they are back online. The City has a regular program that looks at the wells and makes sure they are operating efficiently. Mayor Grant stated that he will bring his reusable water container so please do not provide him with the water from Publix because he does not know where it comes from or Niagara. He noticed the water bottle filler outside of chambers. Is it possible to get recycled cups or compostable cups for the chamber so that we can be a little bit more sustainable and stop using plastic water bottles for the future? Commissioner Penserga inquired about if the city requires annual test reports. Are the tests or inspections performed by the City or are the property owners required to produce these results? Mr. Paterniti replied that the City lists all of the backflow devices in the city. Backflow devices are on the customer side of the meter so they are required to hire a plumber and provide the test results to us on an annual basis. If they do not, the City hires a plumber to do the testing. The backflows are tested annually and the City keeps track of that in a database. 10. Unfinished Business — None 11. New Business A. Consider rescheduling the September 7, 2021 City Commission Meeting to September 8, 2021 toallow the regular meeting and budget adoption hearing to take place in one meeting; and considercancelling 18 Page 912 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 the December 21 , 2021 City Commission Meeting. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R21-085 -Approve and authorize the City Manager to sign a Grant Agreement with Florida Atlantic University to provide for the creation, development, and operation of an economic development hub within the City Hall innovation space to accelerate technology development and incubate startup companies. David Scott, Director of Economic Development and Strategy, explained that the presentation that staff is about to give covers items, 11 b. and 11 c., which is the commercial lease agreement for the vendor as well. He is excited and very glad and honored to bring this item forward to the Commission. It is been a long time coming. This Commission asked the Department of Economic Development to really foster an environment and an ecosystem for our small businesses. As we know, the City of Boynton Beach is a city of small businesses. About 80% of our businesses are considered small businesses. The City really wants to incubate not only small businesses but look to incubate startups and entrepreneurs as well. The City Commission has set aside space within City Hall we call our innovation space. In its wisdom and forward thinking set aside this space to bring an operator to incubate small businesses and start-ups. Through a process staff went out and sought an operator to operate that space. Staff identified that operator and staff used a competitive process through Avis and Young under the auspices and direction of E2L to identify that vendor. Staff looked at best practices and saw and recognized that a University has been very successful in operating these types of systems. Staff did not want to be too confining as to what that program looked like. Additionally, the Commission has directed the department to set aside $50,000 dollars to contribute towards programming for that space, and specifically Commissioner Romelus wanted to make sure that money was specifically set aside for programming and not for build-out. That is what this agreement will do as well. The grant agreement before the Commission sets aside and establishes the conditions by which the City will transfer$50,000 dollars or contribute $50,000 dollars towards the operator, in this case being Florida Atlantic University (FAU). The second item is for the leasing of the City Hall space to FAU to provide that service. There is a great a team of people here tonight. He is proud to say they all came out for not him, but for the Commission and the citizens of the City of Boynton Beach. First of all, the great Kelly Hefferin is here with E2L and Mark. Just Mark. That is how he wanted me to introduce him. Kelly Hefferin and then Mark. Kelly Hefferin, introduced herself as the Managing Partner E2L Holdings, and Mark. Mark Hefferin, E2L Holdings, stated he was checking his photos and realized a year ago tomorrow, we will have dedicated this building and the chambers. He knows that 19 Page 913 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 many years ago we discussed what the City Hall should be. He believes it has become everything that we had dreamed of, except it was missing a couple of things which was our incubator tenant. The City came to us and we discussed how we would occupy or get a tenant for this space and then we were the vehicle that worked with Avis & Young who has been a great, great partner through a pandemic. Not the best time to be out trying to bring tenants into a space, but they are tirelessly working with the Community Redevelopment Agency (CRA), with the City staff and obviously with the Commission were able to interview and put out a request for proposal that ended up in a resulting award that we hope you will approve this evening to FAU. He cannot say enough about Keith O'Donnell and the five years with us. It was not easy, but we kept to it and we stayed with the purpose. Having seen what has already happened in town square, and coming from a very innovative technology environment he worked in the research triangle for 13 years. He saw four universities that really brought in the labor, brought in the training, brought in the resources that ultimately grew Raleigh, North Carolina which has now become what many believe is the next Silicon Valley. He thinks they have that same opportunity in Boynton. We are not here to be Silicon Valley but we are here to grow the City in a way that no surrounding cities can because the City has one of the best partners that you could ever hope to have in the City Hall. Keith O'Donnell, Avis and Young, thanked everyone for giving them the honor to work on the Commission's behalf. For the past five years, relocating the offices west and it was endured beautifully. Then, of course during the pandemic, he cannot explain how awesome of a staff the City has that they worked, strategized together. They helped him with tours. He was able to recruit Danielle Lynnette from Brick down in Boca Raton because of the success of the City Hall. We were able to convince FAU to give us a strong look. He has been working with the research park down there for 15 years, saw seven years ago a Tech Runway come out of the University and to its own building in the research park, and then blossomed. The programs and the board that they had with Hunter Lynch and leadership backed by first Dr. Kelly and Dr. Flynn, the success, the graduates that have come out of there Modernizing Medicine, Mobile Health and Chipmunk has populated thousands of jobs and spin-off jobs and prosperity from it. FAU has a really strong focus on working with the local community and start-up just dreams and ideas. FAU knows how to structure that with the SBA. It has been an honor working with your staff and also it is just been a great project. He is honored and he is more honored now to introduce the leadership from FAU. Jessica Beaver, FAU Tech Runway, stated that Tech runway was founded in 2014. Tech Runway is here to educate, instruct, provide support services, mentorship, space for entrepreneurs and early stage start-ups. If you look at our slide here, in under seven years, these are the numbers we have pumped out. Tech Runway's companies have actually brought in over 278 million in revenue. They have raised over 133 million in capital, 120 patent applications, over 642 jobs, internships, the numbers go on and on. This is really in six years and these are all local companies. These are students, faculty, community members who show up with prototypes. They might just come in with an idea and that is where we come in to help. This space here is just amazing. This community 20 Page 914 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 is amazing. Tech Runway given the opportunity to come in, Tech Runway is going to provide that support, that guidance, those resources. Tech Runway is community partners with the SBDC that can provide workforce development. Tech Runway will have all the connections at the University. Tech Runway is also partnering with community members such as Tech Club South Florida and other members of the community. She is excited to also partner with Boynton companies. She has already had some calls with some local companies that have reached out. Tech Runway is here to help the community create jobs, provide support for those interested in entrepreneurship, and building and scaling their businesses with the end goal of them setting roots in Boynton because the City has some amazing resources. The City has some amazing locations. Let's get them here and let's move them into those brick and mortar locations. Constance Scott, Director of Local Relations FAU, stated that this is a very exciting opportunity for FAU and for Tech Runway. It means so much to the University to be able to embrace another municipality and support them and work with them to do job creation, to create internships and mostly to create businesses. That is what FAU does. FAU is a University that is your University. It is from Harbor Branch all the way down to Dania Beach. We are the workforce. We are the future. We are organic growth. We want to educate and keep them here. What Tech Runway has done over 199 internships. Tech Runway has applied for 120 patents and been very successful. FAU has 27,000 students in this area. FAU has students that are coming from Boynton Beach. FAU wants them to get educated and then we want them to come back to their communities and be successful and find jobs. Based on what Dorothy jacks said, they can afford to live here which is something to be very proud of. Tech Runway is proud of this relationship. Tech Runway has built a relationship in Boca. Tech Runway has expanded relationships up in Jupiter with the help of the county. With the City's assistance with funding, Tech Runway can assure you this will be a very rewarding opportunity for this entire wonderful flourishing community. We are very excited about it. Mayor Grant stated that he is excited. This is something that with the history of Boynton Beach, she is very excited about the workforce development because that is something you are within our CRA district. The City wants to do what it can to partner with you to help redevelop the locations that the City has available. The City has many vacant retail locations that the City wants to find tenants for. This is something that is very exciting that the City can work with you to build that better Boynton Beach. Thank you for coming to us and believing in us as well. Ms. Scott stated she will share as well, depending on the classifications as Tech Runway continues to grow and expand, the potential for using CDBG dollars for the program work that we do is also available. So that might also be a very good tie-in for some of the CRA district businesses. Commissioner Penserga remarked that he is almost speechless. He is proud alumnus of FAU. Not only is he excited for them to be part of our City, but this is also kind of like a full circle moment for him. What is the plan exactly as to how you will use the space? Is 21 Page 915 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 that something to be developed over time or do you see a particular vision already as to how this space will be used and integrated to all of your existing programs?What can we see, for example? Ms. Scott responded that is a really great question. She has been thinking about that for quite a few months in working with the team here. It is going to be, in my mind, right now we might tweak it but it will be a hybrid space. For the most part, a location for entrepreneurs to incubate. The City is in the middle of the county so entrepreneurs from north, south, east and west can come here. Tech Runway wants to focus on the local community but also give that opportunity for some of the companies to come and introduce themselves to Boynton and everything you have. So modular workplace, tables with wheels. During the day normal 9:OOam to 5:OOpm, maybe it is open for entrepreneurs. We will have staff. We will have SBDC consultants in the space working. In the evenings, she cannot give a number of times, but in the evenings the space can be reutilized for workshops, seminars, maybe small events. Outside that in the beautiful new building and surrounding areas, networking events, larger scale events. We have a mentor cadre of 75 plus mentors. Let us bring them here and introduce them to this community and what the City has here. That is kind of how we are envisioning it. That is just going to implement our program and what we provide as well. This is such a great setup and a great setting. It is going to be so easy just to transition what we are doing and bring it to this location. Ms. Beaver stated that City Hall is magnificent; it is just off the charts amazing. The City really needs to host a league of cities event here so that you can make all of us jealous and all of the other municipalities. It is really special. It is nice to see all of you. It is been a long pandemic and it is great to finally be out and look forward to that opportunity. But we also do venture capital events. She thinks that will be a great opportunity as well to launch a venture capital event here where the actual investors have an opportunity to see this community, see this magnificent building and see how this community is just really charged and evolving into an amazing central hub for Palm Beach County. Ms. Scott commented thank you for bringing that up. She did forget to mention that. We do have our own investor Angel Group, the first University-based investor in the entire state of Florida. This would be one of the locations where we would host those meetings. We do that six times a year. We would look to bring those investors here as well as those companies obviously pitching and host them in this location as well. Vice Mayor Hay stated that he is an alumnus of FAU. He is excited about this, just like you. Have you talked with or plan to talk with some of those local organizations to get their input on what they would like to see and maybe make it part of what you are doing. Ms. Beaver stated she has started having some conversations. She has a couple of calls later this week with some businesses that are local, just to start picking their brain and see what they are looking for and how we might be able to collaborate, partner, provide support, resources. But that is something once we get the ball really rolling down this hill, 22 Page 916 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 that is going to be number one. Pulling in the SBDC, working with them in the community and us all going out like you said and really reaching out to the local business owners, the smaller businesses and seeing what their needs are. Because you cannot be a one size fits all, but if we can provide support of some capacity to the majority, that is the goal. It could be as simple as access to interns. Maybe we can offset interns so they need someone specialized. Maybe she can find some funding through Tech Runway, the program, possibly the grant if that is allowable and say we can help you find help, give you that support. And we will offset that cost and the goal or the hope would be maybe that intern turns into an actual employee and we have just created a job. The short answer is yes, that is what we will look to do. She is open or we all are open to more discussions, directions and guidance from the Commission. Commissioner Romelus stated since everybody wants to claim their Owl pride up here, she is not an Owl but her husband is. Go Owls. She is a lifetime Hurricane. Just for the clarity, the businesses you incubate, who maintains the ownership of those businesses? Ms. Scott the businesses do. We do not take any equity. These are not our businesses. All we do is provide the resources and support for them to continue building their businesses and to scale them. When they come in, it is their company. They are registered. We hold their hand and say here are all of these amazing resources. Here are mentors, here is connections, here is networks. It is one of those things you are free, now go grow. We are always there. Once you are in Tech Runway or part of our program, you never really leave. Tech Runway still works, helps, supports and provide tickets and guidance and mentoring and credits to companies that have graduated seven years ago. Scott Adams is on our board. Dan Kaine of Modernizing Medicine is still involved. Once they graduate and they scale, they can come back and potentially help other entrepreneurs. But we take nothing. It is that entrepreneur's company, it is all theirs. Commissioner Romelus commented she already knew the answer, she wanted to make sure it was clearly stated because this is going to take some education for our community to know who you guys are and what you do, the services that you offer. She thinks that is one piece that is very key to put out there. When do you launch? Ms. Scott commented that she thinks October 1 st is the date we put and that is a buffer to plan things out and try to hopefully get the space set up and give you guys a plan. Commissioner Romelus asked how would one apply. Ms. Scott replied for the Tech Runway Program, applications open in January. We will obviously be promoting that and pushing that out to the community. But for this location, there is the program, but then there is also the community as a whole. Tech Runway can only take in a limited amount and there is obviously about 25 to 30 companies a year. However, having this location, having the grant funding and all of our current partnerships, we are planning on offering to the community educational instruction, access to consultants, introductions to capital through grants, possibly investors. Tech Runway is 23 Page 917 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 going to be creating opportunities. Commissioner Romelus asked for clarification on when the program starts in Boynton Beach. Ms. Scott responded once we move in and we get everything squared away, the plan right now is to put out to the community. She is still working with the Adams Center of Entrepreneurship and some of our partners. We would possibly start with an entrepreneurship boot camp and put that out to the community only just to get them in. That she believes is a four to six-weeks course. And then putting out the word that we have consultants and opportunities for those small businesses who just want to get in and start receiving those benefits and resources. The idea is to start rolling this out as soon as we get in. But we just need to kind of finalize the plan. Commissioner Romelus inquired that your next cohort potentially of Tech Runway would probably start January of next year? Ms. Scott replied that the cohort would open up and applications open in January and then we go on the University schedule so it kicks off in July. But that is the internal small cohort. We are exploring possibly having a cohort for Boynton. But the idea in our mind is to provide as much support and resources to the community at large versus just a limited amount for a year. There is a two-pronged approach; It is keep you going, keep you motivated. Then you can apply but you are already going, if that makes sense. Commissioner Romelus commented yes, she loves that. Thank you. Commissioner Penserga inquired what are they saying about what needs to be improved in terms of local environment, local business environment? Ms. Scott replied that they do poll and they try to pull that information. She will say the number one piece and this is in the state of Florida, she thinks is access to capital. That is the hardest part. Modernizing Medicine, investors are just knocking down their doors trying to invest and get in. If you have something that has a prototype and they are looking to raise funds, that is difficult. But that is where we can come in with our investor network, introductions to grants, grant funding. Ms. Beaver commented there are resources. Exposure to people who have the connections that can introduce them and can recognize Chipmunk ended getting purchased by Office Depot and they were 2 years old at the time. Things happen and it has a lot to do with the fact that these businesses are talking to one another. They are all in the same place of not knowing very much and they are learning it all at the same time but they have an idea, they have a concept. They have trained mentors. They have people from Florida Power& Light, some of the best corporations that are in Palm Beach County, and even Broward County. Tech Runway program, we just launched it this past year in Jupiter and it has doubled in size and doubled in terms of money that we have received 24 Page 918 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 from the county. Now we are recurring dollars because it is been so successful. We are expecting that same thing to happen in Boynton, only more exciting there is so much more we can add on to it because of the holistic approach, because of the fact that you are a part of the Boca Raton Chamber. She is the Chairman of the Economic Development Committee for the Boynton and the Boca Chamber of Commerce. We are going to draw all of that wealth of information in. Some of those successful businesses that are in the chamber need to be helping these smaller businesses get their start, get their kick. Mayor Grant stated that he had read that Florida Atlantic University Center for Urban and Regional Planning and the Institute of Government at FAU are working together on a project to assist communities resolve urban and environmental issues in order to redevelop and revitalize Southeast Florida. He is very excited of partnering with FAU, to partner with Enterprise Florida to really make the difference. In addition, he sees there is a football game coming upon October 2nd. In 2019, the City offered a bus ride and tailgate party at the FAU game. He would like to see that can be implemented. It would help people become aware of Tech Runway in Boynton Beach. Ms. Scott commented she thinks that is just a marvelous idea. Our former coach, Howard Shnellingberger, he passed away a couple of months ago and we are dedicating the entire year to him and his successes at the University of Miami and at the University of Louisville. She will make sure that Commission is included on the invitation list. Mayor Grant stated he will be there September 10th. He looks forward to working with your staff at the stadium so that we can plan a nice tailgate for October 2nd Ms. Scott stated she will write that down right now. She is on the committee for the September 10th event, so she will be looking for all of you there. Mr. Scott stated there is one more person here that did not get introduced. Jonathan Porges is here from the Chamber. Jonathan Porges, The Boca/Boynton Chamber of Commerce, the Chamber is very excited about the space and the partnership with FAU. The Chamber has had a long partnership with FAU for many years. We are excited to offer some of our services to the businesses in that incubator space, whether it is networking, educational resources, and things that Ms. Scott has already mentioned. We are very excited about it and excited to be moving business forward in Boynton. Motion Vice Mayor Hay moved to approve. Commissioner Romelus seconded the motion. The motion passed unanimously. C. Proposed Resolution No. R21-086 -Approve and authorize the City 25 Page 919 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 Manager to sign a commercial lease agreement with Florida Atlantic University to provide for the creation, development, and operation of an economic development hub within the City Hall innovation spaceto accelerate technology development and incubate startup companies. Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. Ms. Grey stated she has been a consultant with the SBDC for the past year and she has a significant number of clients that she has been assisting in the Boynton Beach and the Boynton Beach area. And the SBDC is a partner program of the Tech Runway, so they do come with a significant number of collaborations, deep experience and capacity building, but they also come with a face you already know D. Discuss Commission interest and authorize travel to the National League of Cities City Summit in Salt Lake City, Utah on November 18- 20, 2021 . Attendees can participate in-person or virtually. Commissioner Penserga and Commissioner Romelus stated that they would like to attend. Mayor Grant remarked he would also like to attend. He suggested staying at AirBnBs. City Manager LaVerriere stated that there is funding the Commission's business meeting budget to attend National League of Cities Summit. She will check with Commissioner Katz to see if he would like to attend as well. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 12. Legal A. Proposed Resolution No. R21-087 -Approve and authorize the Mayor to sign the Interlocal Agreement with the City of Delray Beach for Lake Ida Water Quality Sampling. Commissioner Romelus requested a brief overview. City Manager LaVerriere responded that this a part of the City's stormwater maintenance perm it. Mr. Paterniti state that the resolution is for water quality sampling within the Lake Ida or the TMDLs that are identified there and the City is assisting the state in identifying those 26 Page 920 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 TMDLs. Mayor Grant stated that the Commission does not know what TMDL stands for. Mr. Paterniti replied it is the total maximum daily limit. Mayor Grant inquired that this is dealing with stormwater and how much Lake Ida can hold before overflowing into the neighborhoods. Mr. Paterniti responded that is deals with water quality parameters not necessarily volume. Assistant City Manager Mack commented as part of the City's participation in the NPDES program, it is a county wide program. The ms4 permits issued to 38 municipalities, this is a requirement for the City to do sampling in this water body. Since it is a joint project with the City of Delray beach, this is an agreement for the sharing of the cost. Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Proposed Ordinance No. 21-024 - First Reading Amending the City's candidate qualifying dates to be from Noon on the second Tuesday in November to Noon on the fourth Tuesday in November. Commissioner Romelus inquired about the qualifying dates. She thought they were being moved forward. City Clerk Gibson responded that the dates are being moved earlier. The qualifying period would normally be the 4t" Tuesday in January to the 2nd Tuesday in February of next year. The qualifying dates are being moved up to this November. Commissioner Romelus remarked it must be mistyped in the agenda, because it says 2nd Tuesday in November to the 4t" Tuesday in November. City Clerk Gibson responded it would normally be in February of next year so we are moving it up closer to this November. Commissioner Penserga stated the confusion is that this is a time window. Attorney Cherof explained the Ordinance states that qualifying dates will occur earlier. Qualifying will open earlier and close earlier. City Attorney Cherof read proposed Ordinance No. 21-024 into the record by title only, on First Reading. 27 Page 921 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 Commissioner Romelus admitted she was reading it wrong. Would this change be permanent? City Attorney Cherof responded that the change is only for this election. It would have to be brought back again to change it to permanent. Mayor Grant inquired if in the second reading it could be made permanent. City Attorney Cherof responded that it cannot be done because the Ordinance provides for qualifying dates for the March 2022 election. The title cannot be amended on second reading. Commissioner Romelus inquired if this Ordinance can be brought back. City Attorney Cherof responded that there is time to table it. It can be brought back for first reading at the next meeting and provide that it will apply to all future elections. Motion Commissioner Romelus moved to table until the August 3rd Commission Meeting. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Grant stated that the Resolution R21-088 will be done at the same time. Proposed Resolution No. R21-088 - Designating the PBC Supervisor of Elections as theCity's canvassing board for municipal elections. Mayor Grant commented that he wants to bring to the City Commission's attention the different polling locations. For District 1, there are nine locations for 15 precincts. For District 2, there are seven locations for eight precincts. District 3, there are six locations for 10 precincts. And for District 4, there are six locations for 10 precincts. He believes we are going to redistrict this next upcoming election. City Clerk Gibson stated that the redistricting would not be done in time for the upcoming election. Mayor Grant said he would like to have the polling locations moved out of the schools. He requested verification from the Supervisor of Elections that any registered voter in the City can vote at any of the precincts within the City. He would like to use the money that would be used for the school locations for early voting. City Clerk Gibson stated that instituting early voting for the City will increase the election cost from approximately $100K to $250K. Mayor Grant inquired if early voting has to be done for nine days. City Clerk Gibson responded yes and early voting would only be at Ezell Hester Center. 28 Page 922 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 Mayor Grant stated he was hoping that early voting did not have to be done for the nine days. Since it has to be nine days it does become cost prohibited. City Clerk Gibson commented that it is really not taking away an opportunity for residents who want to vote that cannot show up in person on election day. Just given the statistics of how people vote with the about 50,000 registered voters in the City, for the presidential preference primary, about 1,700 voted early voting versus 15,000 people voted by mail. It is really not an effective cost if we were to really push early voting. Mayor Grant stated that there used to be a mail-in ballot drop off box in the City. The City cannot have that now because the City does not have an early voting location. City Clerk Gibson responded that the City can have a mail-in ballot drop-off box. Mayor Grant clarified the City can have a mail ballot drop-off box attended by someone from the Supervisor of Elections office. Commissioner Romelus stated that the mail in ballot drop off box can only function during the hours of early voting from 7 am to 7 pm at the Ezell Hester Center. City Clerk Gibson stated she will confirm that with the Supervisor of Elections Office. Mayor Grant inquired if mail in ballots can be brought to the office in Delray Beach. City Clerk Gibson replied yes that any of the Supervisor of Elections Offices are open to receive the mail in ballots. Mayor Grant requested clarification on the new rules for the next meeting. Mayor Grant inquired about universal polling locations can that be done. City Clerk Gibson responded that it cannot be done because the polling locations are based on where the people live. Mayor Grant inquired if certain precincts can be grouped together. City Clerk Gibson stated a change in staffing would be needed to make sure there is enough staff to accommodate for whoever may come to that location to vote and not to overburden the location. Mayor Grant inquired if the precinct is based on the number of people. City Clerk Gibson responded that it based on the number of people and the distance. The Supervisor of Elections Office sets those precincts to account for number of registered voters and the distance they would need to travel. Mayor Grant inquired that the City cannot change the polling locations for the precincts. 29 Page 923 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 City Clerk Gibson replied that it is possible. The City would have to provide for the cost of notifying those residents, post at the locations that the polling location has moved and provide advance notice about the changes. Mayor Grant requested to see what the City can do to not have the polling locations in schools. Commissioner Romelus agreed not to have polling locations at the schools. Vice Mayor Hay commented whatever the City does, it has to be done expeditiously. There was a lot of confusion the last time precincts had to be moved. The City needs to be mindful of that and not add additional confusion by last-minute changes. He agrees with moving the locations out of the schools. The voting cards would have to come from the Supervisor of Elections' Office in enough time so people could be educated where to go. Mayor Grant stated that is why doing it now and not the week of makes sense. Commissioner Romelus thanked the Mayor and commended him for thinking outside of the box to make voting accessible. 13. Future Agenda Items A. Presentation on activation of the Historic Woman's Club of Boynton Beach. - August 17, 2021 B. Discuss draft ordinance establishing monument policy. -August 17, 2021 C. Mayor Grant requested a discussion about the possibility of a Parks & Recreation Bond. - August2021 D. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD E. Discuss options for conveyance of property from CRA to City and lease for future Head Start location. — TBD Mayor Grant requested an update on when the building department workshop would be. City Manager commented as a reminder, during the budget workshops when Mr. Temple presented, that was an identified initiative that they have already addressed and planned to be doing outreach workshops. She will work with Mr. Temple to get a date of when they plan on doing the first workshop. Mayor Grant stated he would like to have it as a "TBD". Mayor Grant requested a discussion of a local bill for annexation for the purpose of septic-to-sewer. Currently there is available funding on the federal, state and county basis for septic-to-sewer. The deadline is approaching for these types of local bills, so is it possible to have the discussion at the August 3rd meeting. He suggested reaching out 30 Page 924 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 to State Representatives Joe Casello and Lori Berman. Commissioner Romelus also suggested reaching out to Representative Caruso as he is a big proponent of getting septic-to-sewer made. City Manager LaVerriere requested clarity about a local bill to address annexation in City boundaries versus the grants the City will not need a bill for. The City will have access to apply. Mayor Grant responded it is in the purview that the grants are not going to last forever. The City cannot apply for the grants without having the ability to do it. With the legislature's help, the City will have the ability to apply for the grants and implement septic-to-sewer conversion. City Manager LaVerriere inquired if the Mayor is concerned because they are not within the City boundaries. Mayor Grant responded, correct. City Manger LaVerriere stated staff will review the grant rules. City Attorney Cherof stated that the City is working on a process to link water service which the City can do outside the jurisdictional limits with mandatory sewer connection when it is available. He has been working with staff for about six months or longer on that issue as well. That would be the kind of language we would look for in a local act. Commissioner Romelus stated this is for Mr. Scott that SBDC is giving out funding right now to help education, especially the minority community, about entrepreneurship. She does not know if a City or municipality would be eligible for those funds. It is something to explore. She knows that Mr. Scott and Mr. Durgan do a lot of work educating the community about entrepreneurship and business development. This could be another avenue to pick up some revenue while we still do what we already do. 14. Adjournment There being no further business, the meeting adjourned at 8:30 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor—Woodrow L. Hay 31 Page 925 of 1906 Meeting Minutes City Commission Boynton Beach, Florida July 20, 2021 Commissioner— Justin Katz Commissioner— Christina Romelus Commissioner—Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 32 Page 926 of 1906 7.A. Consent Bids and Purchases Over $100,000 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Approve Task Order ASPS-101-072021 with Atlantic Southern Paving and Sealcoating, LLC, in the amount of$193,794.98 in accordance with RFQ No. 010-2512-18/IT, Asphalt and Sidewalk Restoration awarded by City Commission on August 7, 2018 to mill, resurface and restripe SW Congress Blvd and to rehabilitate the multiuse path. Explanation of Request: Staff evaluated and assigned SW Congress Boulevard a condition score: "D." The score indicates that the road is approaching the end if its useful life. Additionally, the asphalt multiuse path has been damaged by tree roots and requires replacement. This project will result in a road condition score of an "A." The new score indicates that the useful life will be approximately 15 years. The existing multiuse path will be brought into compliance with the Americans with Disabilities Act. How will this affect city programs or services? The project will replace the failing asphalt road surface and the asphalt path with a smooth travel surface that will be maintenance free for several years. Fiscal Impact: The funds are budgeted and will be taken from 303-4905-580.63-08, Project CP0266. Alternatives: Defer the improvement to a later year. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 927 of 1906 Type Description D Attachment Attachment 1 ® Site and Improvement Plan Attachment Attachment 2 ®Atlantic's Proposal Page 928 of 1906 N �i 4t ow0 � i� O "" _ - w U m a `vs a k m m w 1 it a x 2 a o } att R E o E n - woo«' ( 1 i- oCr crp Kri Z� p>CL @ til d 0 CL 11xa3 z� w m a g uj 01y 3. U io1j # w r oa �o wo y w w w aw ul F N F m > 11 1Q m m tl- )r c J caa;, t 1s:r>t � zaiii,»,,,.t trt u Y ' p° 2 (� us v 1 _ _ _ _ _ ° _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ co Z� Z U U? 4 Ly(9 , Z IHS 33S-3N11 HDIVW ,� I.IHS 33S 3NII HDIVW .................................... � a �s F p, r u) 2 co CL� co � , � co Cri (7 C..,,Ll J 04 .� U -00 U - CLI C) u) CO C c F od MO 0 _ o N 5r_ a ftf7 r--o 0- "o -Uo I) LLJ W 4, U m Qy -1 m F+ 0 O ID � 5 C LJ CL Mill and Pave Proposal City of Boynton Beach Task Order No. ASPS-101-072021 City Of Boynton Beach Public Works Carl Frumenti Project: SW Congress Blvd / Task 101 SW Congress Blvd Boynton Beach, FL 33435 ATILANTICSOUTHERN PAS ANG AND SEALCOATIING Rich Atzert Account Manager Page 931 of 1906 Your Pavement Contractor Company Info Contact Person ATLANTICSOUTHE N PAVING AND SEAL`GATING Rich Atzert Atlantic Southern Paving and Sealcoating Account Manager 6301 West Sunrise Blvd Rich@atlanticsouthernpaving.com Sunrise, Florida 33313 Cell: 954-299-6114 Office 954-581-5805 P: 954-581-5805 F: 954-581-0465 http://www.atianticsouthernpaving.com About Us We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK HERE FDOT Certified Contractor Page 2 Page 932 of 1906 Proposal: SW Congress Blvd / Task 101 AT AN C HERND MOT 1. Item 20 -Message boards 2-7 days @$45.00 per day $630.00 2. Item 3- Flagmen 144 hours @ $19.00 per hour. $2,736.00 Total Price: $3,366.00 Walkpath Replacement 1. Item 53 -Remove asphalt 1,826.7 SY @ $20.00 per SY $36,534.00 2. Item 23 -removal unsuitable material 365.3 CY @$30.00 per CY $10,959.00 3. Item 31 -6" limerock 1,826.7 SY @ $15.00 per SY $27,400.50 4. Item 42 - 1" asphalt 102.3 tons @ $130.00 per ton $13,299.00 Total Price: $88,192.50 Mill and Pave 1. Item 50 - 1" mill 7,337.2 SY @ $1.80 per SY. $13,206.96 2. Item 51 - .5" mill 7,337.2 SY @ $.35 per SY. $2,568.02 3. Item 44 - 1" asphalt 410.9 tons @ $115.00 per ton. $47,253.50 4. Item 45 - .5"asphalt 205.4 tons @ $95.00 per ton. $19,513.00 Total Price: $82,541.48 Concrete 1. Item 93 -SRR 4" concrete 1,337 SF @ $7.50 per SF. $10,027.50 Total Price: $10,027.50 Striping and Signs Page 3 Page 933 of 1906 Proposal: SW Congress Blvd / Task 101 AT iNGANC flUTOIEING 1. Item 57 -6"yellow lines 5,300 LF @$.75 per LF. $3,975.00 2. Item 66 -24"white lines 24 LF @ $5.00 per LF. $120.00 3. Item 77 -Y/Y RPMs 65 @ $10.00 each. $650.00 4. Item 78 -W/R RPMs 14 @ $10.00 each. $140.00 5. Item 63 - 12"white lines 250 LF @ $2.75 per LF. $687.50 6. Item 65 - 18"yellow lines 150 LF @ $4.00 per LF. $600.00 7. Item 64 - 18"white lines 170 LF @ $4.00 per LF. $680.00 8. Item 67 -arrows 4 @ $200.00 each. $800.00 9. Item 68 -arrows 12 @ $95.00 each. $1,140.00 10. Item 79 -single sign and post 5 @ $175.00 each. $875.00 Total Price: $9,667.50 Page 4 Page 934 of 1906 Price Breakdown: SW Congress Blvd / Task 101 AT iNGANC flUTOIEING Please find the following breakdown of all services we have provided in this proposal. This proposal originated on June 30, 2021. Item Description Cost 1 MOT $3,366.00 2 Walkpath Replacement $88,192.50 3 Mill and Pave $82,541.48 4 Concrete $10,027.50 5 Striping and Signs $9,667.50 Total: $193,794.98 Authorization to Proceed & Contract The above prices,specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed,this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. Please see all attachments for special conditions that may pertain to aspects of this project. This proposal is good for a period of up to 30 days from the date of the proposal. Page 5 Page 935 of 1906 Proposal: SW Congress Blvd / Task 101 AT iNGANC flUTOIEING Payment Terms We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date: Carl Frumenti I Project Manager Rich Atzert I Account Manager City Of Boynton Beach Public Works Atlantic Southern Paving and Sealcoating 222 NE 9th Ave 6301 West Sunrise Blvd Boynton Beach, FL 33435 Sunrise, Florida 33313 frumentic@bbfl.us E: Rich@atlanticsouthernpaving.com C: 561-512-4408 C: 954-299-6114 0: 561-512-4408 P: 954-581-5805 F: 954-581-0465 http://www.atianticsouthernpaving.com Page 6 Page 936 of 1906 7.B. Consent Bids and Purchases Over $100,000 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Approve utilizing the School Board of Volusia County, FL Bid No. CL- 905KM with Wabash Valley Manufacturing of Silver Lake, IN for site furnishings located at Congress Avenue Barrier Free Park, Intracoastal Park, and Oceanfront Park for a total estimated expenditure of$125,000.00. The School Board of Volusia County's procurement process satisfies the City's competitive bid requirements. Explanation of Request: The site furnishings at Congress Ave Barrier Free Park, Intracoastal Park and Oceanfront Park have met their useful life and are due to be replaced in Fiscal year 2022. The Wabash Valley line that staff is recommending is all aluminum. The aluminum will better withstand the weather and elements associated with being a coastal city. Furnishings for all three parks will include outdoor benches, picnic tables and trash receptacles. Public Works is seeking consent to piggyback a bid contract by the School Board of Volusia County, FL Bid No. CL-905KM. Term: December 1, 2018 through November 30, 2021 with two (2) one year renewal options. Utilizing this contract will provide a 5% discount on all products purchased by the City. Recommended cost per park: 1. Congress Ave Barrier Free Park- estimated amount$25,000.00 2. Intracoastal Park- estimated amount$50,000.00 3. Oceanfront Park- estimated amount$50,000.00 How will this affect city programs or services? Replacing damaged, and outdated site furnishing which have met useful life. Fiscal Impact: B udgeted FY21/22: $25,000.00- 303-4233-572.63-05 (RP2501) - Congress Ave Barrier Free Park FY21/22: $50,000.00- 303-4223-572.63-05 (RP2504) - Intracoastal Park FY21/22: $50,000.00- 303-4210-572-62.01 (RP2606) - Oceanfront Park Alternatives: Do not purchase Wabash Valley products and find alternatives. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 937 of 1906 Is this a grant? Grant Amount: Contracts Vendor Name: Wabash Valley Manufacturing Start Date: End Date: Contract Value: Minority Owned Contractor?: Extension Available?: Extension Explanation: Attachments: Type Description D Bid School Board of Volusia County ® Bid D Tab Sheets Bid Tabulation D Attachment Wabash Submittal Page 938 of 1906 School Board of Volusia County INVITATION TO BID Purchasing Department 3750 Olson Drive PAGE 1 OF 31 Daytona Beach, Florida 32124 1 BID NO.: CL-905KNI BID TITLE: TEACHING AIDS, EQUIPMENT RELEASE DATE: August 24, 2018 &SUPPLIES (% DISCOUNT) F.O.B. DESTINATION: REFER TO BID DETAILS FOR LOCATIONS The public is invited to attend the bid opening on: BUYER: KENDRA MEEKS, BUYER BID DUE DATE and TIME: SEPTEMBER 25, 2018 @ 2:00 P.M. KLMEEKSI(,V0LUSIA.KI2.FL.US Bid Submittal shall be electronically uploaded into VendorLink prior to the ITB DUE DATE and TIME listed above. ITB OPENING LOCATION: Purchasing Conference Room 3750 Olson Drive Workroom 4 Daytona Beach, Florida 32124 REQUIRED SUBMITTALS CHECKLIST- Note: Submittal is required for each box checked for bid to be considered. Literature Specifications X Catalogs X Non-Collusion & Non-Conflict of Interest Pages 20-22 X Debarment Form Page 19 X Manufacturer's Certificate of Warranty X List of References Page 17 X Bid Response Form VendorLink X Drug-Free Workplace Certification Page 24 X Statement of Principal Place of Business Form Page 18 X Digital Submittal Required X Certificate of Insurance: See enclosed guidelines for detailed specifications X Additional submittals specific to this bid may also be required: See solicitation for details PERIOD OF PERFORMANCE: DECEMBER 1,2018 THRU NOVEMBER 30,2021 WITH TWO OPTIONAL ONE-YEAR RENEWAL PERIODS THE ANTICIPATED DATE OF BOARD APPROVAL IS NOVEMBER 7,2018. BIDDER MUST FILL IN THE INFORMATION LISTED BELOW AND SIGN WHERE INDICATED FOR BID TO BE CONSIDERED Company Name: Address: City: State: Zip Code: EMAIL: Telephone: FAX: Signature of Owner or Authorized Officer/Agent: Typed Name of Above: By my signature,I certify that this offer is made without prior understanding,agreement,or connection with any corporation,firm,business entity,or person submitting an offer for the same materials, supplies, equipment, or service(s), and is in all respects fair and without collusion or fraud. I further agree to abide by all conditions of this invitation and certify that I am authorized by the Offeror to sign this response. In submitting an offer to the School Board of Volusia County, 1,as the respondent, offer and agree that if the offer is accepted,the Offeror will convey, sell, assign, or transfer to the School Board of Volusia County all right,title, and interest in and to 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 commodity(s)or services(s)purchased or acquired by the School Board of Volusia County.At the School Board's discretion,such assignment shall be made and become effective at the time the School Board of Volusia County tenders'final payment to the Vendor. Upon approval by Board the information contained herein shall constitute the contract between the Board and Vendor. Per Purchasing Policy 702, Bidder(s)must initiate any protest of recommendation of award within 72 hours after posting of the bid tabulation in the Purchasing Department. NO BID I HEREBY SUBMIT THIS AS A"NO BID" FOR THE REASONS CHECKED BELOW: ❑ 1. Insufficient time to respond ❑ 7.Addendum received too late to respond ❑ 2. Specifications were unclear or restrictive ❑ 8. Could not meet Insurance requirements ❑ 3. Could not meet bonding requirements ❑ 9.We do not offer the product or service requested ❑ 4. Our schedule will not permit us to respond ❑ 10. Remove our company name from this commodity listing only. ❑ 5.Terms&Conditions were unclear or restrictive ❑ 11. Keep our company on the bid list for future bids ❑ 6. Could not meet specifications ❑ 12. Other Page 939 of 1906 GENERAL TERMS AND CONDITIONS Bidder: to ensure acceptance of the bid follow these instructions. 1. Sealed Bid Requirements: The "Invitation to Bid" sheet must be Statement provided herein. Failure to submit a properly completed and completed,signed,and returned with each bid. Bids shall be signed by notarized form shall be cause for submittal to be judged non- a representative authorized to legally bind the Bidder to the provisions responsive. herein. All bids shall be submitted electronically via VendorLink 7. SpecificationNariances: For purpose of evaluation, the Bidder unless otherwise instructed. Additional bid submittal requirements shall indicate any and all variances from specifications,terms and/or may be defined in the detailed specifications herein. Unless otherwise conditions regardless of how slight. If variations are not stated in the specified, Bidder(s) must use the form(s) furnished by The District.All bid, it shall be assumed that the offered product or service fully bids shall be typewritten or filled in with pen and ink. Bids having complies with the specifications,terms and conditions herein. erasure or corrections must be initialed by the Bidder in ink. All bids a) Any purchasing agreements and state term contracts available must be e-signed or signed in ink by an officer or employee having under s.287.056 of the Department of Management.Services for authority to legally bind the Bidder. By signing, Bidder attests that they this non-academic commodity and contracted services have fully understand there will be no recourse for negligence or oversight for been reviewed for the subject of this solicitation.//KLM// not doing so. Bids received that fail to comply with these submittal Buyer's Initials requirements may not be considered for award. 8. Requests for Clarifications: Any and all questions regarding this a) Delivery of Bid:Electronic bid submittals,described in the Electronic ITB,whether technical,procedural,or otherwise,must be submitted Submittal of the Bid section of this solicitation,are mandatory unless in writing to the attention of the Purchasing Agent designated herein, otherwise specified. Responses must be furnished and uploaded in seven(7)business days prior to the ITB due date, unless otherwise VendorLink no later than 2:00 PM, EST, on or before the due date stated in the specifications. All such interpretations and specified on the cover sheet of this ITB,to be considered. Bids shall supplemental instructions will be in the form of written addenda to be organized and shall include necessary information as to be in full the ITB documents. No correction or clarification of any ambiguity, compliance with the ITB specifications. The District reserves the right inconsistency or error in the ITB terms, conditions or specifications to reject and not consider any bid that is not submitted in accordance will be made to any Bidder orally. Only the interpretation or with the ITB general conditions, specifications or ITB submittal correction so given by the Purchasing Agent, in writing, shall be requirements. binding. Bidder(s)are advised that no other source is authorized to b) VendorLink help can be accessed by calling (407)222-1885, or by emailing supportaevendorlink.com. give information concerning, explaining, or interpreting the ITB c) Bids received by telephone, telegraph, electronic mail, orfacsimile documents. If a Bidder should be of the opinion that the meaning of machine shall NOT be accepted unless stated in the special any part of the bid specifications are uncertain,obscure,or contains conditions of this ITB. errors or omissions, they should report such opinion to the 2.Bidder's Responsibility: It is the responsibility of the Bidder to Purchasing Agent in writing no more than three (3) days after the obtain all pages of the ITB package and all attachments thereto, receipt of the documents. together with any addenda to the ITB package that may be issued 9. Processing Time: It is understood that the normal bid processing prior to the ITB due date. Bidder(s) are required, before submitting time shall be 90 days after the opening date of this ITB, and that their bid,to obtain and carefully examine the ITB specifications and to prices reflected by the bid will be firm through the bid processing completely familiarize themselves with all of the terms and conditions. time and the delivery of the items awarded. Ignorance on the part of a Bidder will in no way relieve them of any of 10.Original and Renewal Term: The award resulting from this ITB the obligations and responsibilities which are a part of this bid. shall be in effect for the term defined in the detailed specifications 3.Bid Opening:Bid openings shall be public at the date and time stated in commencing upon District approval or until new bids are taken and the ITB unless otherwise indicated. awarded. The award resulting from this ITB (or any portion thereof) 4.Bids Received Late: It is the Bidder(s)responsibility to assure that the has the option of being renewed as defined in the detailed bid is uploaded in VendorLink prior to the opening date and time specifications,or extended for a period up to 180 days,upon mutual specified. Any bid received after the opening date and time will be agreement of both parties, under the same terms and conditions as rejected regardless of the circumstances. the original award.The District,through its Purchasing Department, 5.Special Conditions: If a conflict exists between the general conditions will if considering a renewal or extension, request a letter of intent and the detailed specifications, then the term or condition that is more to renew or extend from one or more awardees, prior to the end of stringentand/or specific shall govern and apply. the current contract period. The awardees will be notified when the 6.Public Entity Crime: Pursuant to Florida Statute 287.133, a person or affiliate who has been placed on the convicted vendor list following recommendation has been acted upon by The District. The Bidder a conviction for a public entity crime may not submit a bid on a contract agrees to these conditions by signing its bid. to provide any goods or services to a public entity, may not submit a 11. Lobbying: Bidder(s)are hereby advised that they are not to lobby bid on a contract with a public entity for the construction or repair of a with any District Personnel or Board Members regarding this ITB.All public building or public work, may not submit bids on leases of real inquiries must be written and directed to the Department of property to a public entity, may not be awarded or perform work as a Purchasing Services. Vendor, supplier,subcontractor, or Vendor under a contract with any a) Lobbying is defined as any action taken by an individual, firm, public entity, and may not transact business with any public entity in association, joint venture, partnership, syndicate, corporation, excess of the threshold amount provided in Section 287.017, for and all other groups who seek to influence the governmental CATEGORY TWO, for a period of 36 months from the date of being decision of a Board Member or District personnel on the award of placed on the convicted vendor list.Bidder(s)shall complete and submit this contract. Lobbying by any Bidder or any individual on behalf with their Bid the complete, accurate, and notarized statement of a Bidder will result in rejection/disqualification of said bid. required by Section 287.133, Florida Statutes, Public Entity Crimes Page 940 of 1906 b) Violation of this provision regarding lobbying may also result in received with the understanding that an acceptance in writing by disqualification of the Bidder from participation in competitive The District of the offer to furnish any orall of the services and solicitations with The District for the duration of the document materials described shall constitute a contract between the contract period or for some other term, at the recommendation of Bidder and The District. This contract shall bind the Bidder to the Director of Purchasing and as acted upon by the Superintendent furnish and deliver the services and materials quoted, at the and the School Board,as appropriate. prompt payment prices stated and in accordance with the condition of said rom t ment 2. Prompt Payment Discount: Cash discount for a of invoices, if offered, shall not be considered in evaluating bids and accepted bid. It is agreed that the Bidder will not assign,transfer, making awards. Cash discount terms, if offered in the bid, must be convey or otherwise dispose of the contract or its right, title or clearly indicated on each invoice. interest in or to the same, or any part thereof, without previous 3. Brands:If specified,Bidder(s)shall indicate,for each item bid,the name consent of The District and any sureties. and model of the brand being bid. Use of brand names,trade names, 17.General Information about the District: The District and its School make, and model, manufacturer, or Vendor catalog number in the Board of Volusia County were created pursuant to Section 4,Article IX of specifications is for the purpose of establishing a grade or quality of the Constitution of the State of Florida. The District is an independent material only. It is not The District's intent to rule out other competition; taxing and reporting entity managed, controlled, operated, therefore, the phrase "OR APPROVED EQUAL" is added, unless administered,and supervised by District school officials in accordance otherwise indicated in the specifications. However, if a product other with Chapter 1001, Florida Statutes. than specified is bid, it is the Bidder's responsibility to submit,with the a) The School Board consists of five elected officials responsible for bid,samples,descriptive literature and/or detailed specifications which the adoption of policies,which govern the operation of District public illustrate the product sufficiently for evaluation. Bids received without schools. The Superintendent of Schools is responsible for the this information, or with insufficient information, as determined by the administration and management of the schools within the applicable evaluation committee, may not be considered. If the words"ONLY"or parameters of State Laws, State Board of Education Rules, and "NO SUBSTITUTES"appear in the specification,then no other brands, School Board policies. The Superintendent is also specifically trade names,makes,models or manufacturers shall be considered.The delegated the responsibility of maintaining a uniform system of District shall be the sole judge concerning the merits of bids submitted. records and accounts in the Board by Section 1001.51, Florida Once an item is awarded from this bid to a Bidder, no substitution of Statutes as prescribed by the State Board of Education. brands shall be permitted. If a Bidder does not indicate what he is b) The School District of Volusia County serves the entire area of the offering in the proper blank and if the Bidder is successful in being county. The District's enrollment is approximately 62,800 K-12 awarded the item(s) then the Bidder shall be obligated to furnish the students. With approximately 7,500 employees(including full-time, item(s)specified by The District. part-time, substitutes, short-course instructors, and hourly 4.Warranty/Guarantee:All materials and/or services furnished under this employees), the School District is one of the largest employer in bid shall be warranted by the Vendor,distributor and manufacturer to be Volusia County. free from defects and fit for the intended use. Unless otherwise 18. Price Adiustments: The District may, in its sole discretion, make an requested, the items bid must be new and equal to or exceed equitable adjustment in the contract terms and/or pricing if pricing or specifications.The manufacturer's standard guarantee or warranty shall availability of supply and/or service are affected by extreme and apply. During the guarantee or warranty period,the Vendor must repair unforeseen volatility in the marketplace, that is, by circumstances that and/or replace the unit without cost to The District with the satisfy all of the following criteria: understanding that all replacements shall carry the same guarantee or a) The volatility is due to causes wholly beyond the Vendor'scontrol warranty as the original equipment. The Vendor shall make anysuch b) The volatility affects the marketplace or industry, not just the repairs and/or replacements immediately upon receiving notice particular Vendor's source of supply from The District. c) The effect on pricing or availability of supply is substantial 5. Notification of Award/Purchase Orders: Upon Board approval to d) The volatility so affects the Vendor that continued performance of award a contract,participating Bidder(s),successful and unsuccessful, the contract would result in substantial loss or financial hardship. shall be notified of the award configuration in writing by the Purchasing The determination as to whether a situation represents "extreme" Department. Bidder(s)who are awarded a contract resulting from this volatility of the marketplace and/or whether the effect on pricing or ITB are cautioned not to provide goods or services to any District site or availability is"substantial"shall be solely at the discretion of the District. to any District employee prior to receiving purchase orders issued by Requests for adjustments must be made to the Director of Purchasing the District's Purchasing Department. Notification of Award is not to be within twenty-four hours after receipt of an order from the District for the construed as authorization to provide goods or services. affected product and will not be considered more than once in a 120- 6.Contract Documents: The submission of a bid constitutes an day period. For contracts with an initial award period exceeding one(1) year,prices shall remain firm for the first year. offer by the Bidder. Upon Board approval the Purchasing 19.Substitutions: Should a particular product become unavailable after Department will issue a letter of award. The District does not award due to discontinuance by manufacturer,extreme market demand anticipate issuing a specific contract document for this award, or inability of manufacturer to produce the product for a certain period however the District does reserve the right to request the Bidder of time, or quality or compatibility as solely determined by the District, enter into a separate contract if determined to be in the best Vendor may offer a substitute product to the District.The Vendor shall interest of the District. If a specific contract document is not provide specifications for the offered substitute product,or if requested requested, this ITB, any addenda to this ITB, the submitted bid, by the District, a sample of the offered substitute. Vendor will also and the corresponding purchase order(s) and change order(s) provide documentation as to the unavailability of the original awarded will constitute the complete agreement between the successful product to the District for its review. Such a substitute will only be bidder and the District. If a specific contract document is considered if the District has a continued need for the product within a specified time frame where the original awarded product will be requested by the District, it shall be included with the above- unavailable.Whether a substitute is necessary and whether the offered mentioned items as part of the contract agreement. Each bid is substitute is acce table are solely within the discretion of the District. Page 941 of 1906 0.Vendor Performance: The Vendor shall provide competent, suitable, shall coordinate its work so as to cause no unreasonable qualified personnel to perform any project required by the ITB. The interference with or disruption to The District's operations.The Vendor shall at all times maintain good discipline and order while District may perform other work related to any particular project on District property. Vendor employees and subcontractor at the site by The District's own forces, have other work employees (if authorized) assigned to this project must be pre- performed by utility owners or let other direct contracts. screened and will be thoroughly reviewed for but not limited to m) If during the performance of any project, Vendor or any current certification and documentation. subcontractor, sub-subcontractor, agent, employee or anyone else a)The Vendor shall furnish all equipment, labor, transportation, for whom Vendor is legally liable, causes a disruption to any Utilities construction equipment and machinery,tools,appliances,fuel,power, service to other facilities or customers within a project area, Vendor heat, light, telephone, water and sanitary facilities and incidentals shall take all actions necessary and required to immediately restore necessaryforthe execution,testing,initial operation and completion of such Utilities service. If Vendor fails to take such immediate actions any project unless otherwise specified. The District shall have the right to take whatever actions it deems b)The Vendor shall be responsible for the appearance and demeanor of necessary and required to immediately restore the disrupted all personnel assigned to the project and shall require that all services,and all costs incurred by The District as a result thereof shall employees wear shirts with visible company logo and personal be reimbursed to The District by Vendor within five(5)business days identification of the individual employee. Uniforms and/or dress code of written demand for same from The District. shall be inclusive of, but not limited to, neat and clean company n) Vendor is responsible for the safety and protection of all persons and uniforms or attire that are appropriate and easily identifiable. District property on or about the project site during the progress of any identification badges shall be worn and clearly visible while on any project.Further,it is Vendor's responsibility to protect from damage or District property. loss all material and equipment to be incorporated into any project c)The Vendor's personnel shall have no contact with students or school which may be stored off the project site.Vendor shall develop and staff,other than administrative staff or designated implement, in accordance with the requirements of the contract representatives, with the exception of emergency situations. The documents(including any District rules or regulations),a safety plan Vendors employees shall refrain from using foul, abusive, or profane for any project, as required. Vendor shall comply with all applicable language on District property. codes,laws,ordinances,rules and regulations of The District and any d)Upon arrival and departure onto any District school campus, the public body having jurisdiction over any project, including all of their Vendor's employees shall enter their company information into the safety codes, laws, ordinances, rules and regulations. If Vendor School Log Book provided in the Administrative office of each campus. observes that the Contract Documents are at variance therewith, it e)The Vendor's personnel shall be aware that all District sites are smoke shall promptly notify The District in writing. free areas.The use of tobacco products is prohibited on any property o) When requested,Vendor shall cooperate with any ongoing District owned by The District. Vendor's personnel shall be aware that it is investigation involving personal injury,economic loss or damage to illegal to have in one's possession any illegal drug or alcoholic The District's facilities or personal property therein. beverage while on District property. p) Proper safety barricades,protective,and covering devices shall be f) Vendor shall strictly limit its operations to the designated work areas used to divert traffic and protect personnel. Normal safety signs, and shall not permit any employees to enter any other portions of necessary lighting and temporary fencing/barricades around work District property without District's expressed prior written consent. areas shall be installed and maintained in accordance with OSHA g)AII employees are prohibited from distributing any papers or other requirements while the work is in progress. Materials must be materials upon District property and are strictly prohibited from using secured in accordance with OSHA regulations when not in use. any District telephones or other office equipment. q) The Vendor shall be responsible for instructing their employees in h)All employees shall enter and leave District facilities only through the all safety measures.All equipment used by the Vendor shall be free ingress and egress points designated, from time to time, by The from defects or wear that may in any way constitute a hazard to District. any person or persons on District property. At no time shall I) The Vendor shall be responsible for the removal of all trash and debris equipment be operated without guards, shields, or other occasioned by this contract. Failure to adhere to this requirement will manufactures recommended safety accessories in place and result in the costs of the performance of this work by others being functioning as intended by the manufacturer. All current OSHA charged to the Vendor. safety standards shall be reinforced including, but not limited to, j) The Vendor shall be responsible for all damages caused by the Vendor the following rules: and shall be held responsible for replacing or repairing any damage I. All OSHA and Federal required safety equipment shall be due to negligence on their part to any person(s)and/or property.The installed and functioning on all equipment. District may withhold payment or make such deductions as deemed II. All equipment shall be in sound working condition and must necessary to insure reimbursement or replacement for loss or damage meet all OSHA Safety Standards.All workers shall be aware to property. of and trained in the operation of all safety equipment required k)Any existing surface or subsurface improvements, including, but not for this project. limited to, pavements, curbs, sidewalks, pipes, utilities, footings, III. The Vendor shall ensure that employees are equipped with structures, trees and shrubbery, not indicated in the contract proper safety items such as glasses,hard hats,gloves,etc. documents to be removed or altered, shall be protected by Vendor IV. All incidents on campus involving District property or personnel from damage during the prosecution of any project. Any such shall be reported to the Director of Maintenance Services improvements so damaged shall be restored by Vendor to condition at Department and the Campus Administrator immediately upon least equal to that existing at the time of Vendor's commencement of occurrence. any project. 1) Vendor acknowledges that work may be performed at a particular FAILURE TO COMPLY WITH ANY OF THE ABOVE PERFORMANCE project site where The District simultaneously is conducting and REQUIREMENTS MAY RESULT IN TERMINATION OF CONTRACT. continuing its operations upon the same site. In such event,Vendor Page 942 of 1906 21.Inspection, Identification and Acceptance: Vendors shall be provision shall also pertain to any claims brought against the District responsible for delivery of items in new condition meeting specification by an employee of the named Vendor,any Subcontractor,or anyone at point of destination. Vendors shall file with the carrier all claims for directly or indirectly employed by any of them. The Vendor's obligation breakage, imperfections and other losses. If the material and/or under this provision shall not be limited in anyway by the agreed upon services supplied to The District is found to be defective or does not contract price as shown in this Contractor the Vendor's Iimitof,or lack conform to specifications,The District reserves the right to cancel the of,sufficient insurance protection. order upon written notice to the seller and return the product to the 27. Taxes: The District is exempt from any Taxes. State Exemption seller at the seller's expense. Certificate certified on request.State Sales Tax Exemption Certificate 22. Bid Bonds and Performance Bonds: Bid bonds,when required,shall is No. 85-8012622388C-5, and Federal Tax Identification is No.59- be submitted with the bid in the amount specified in the detailed 6000884. specifications. Bid bonds will be returned to unsuccessful bidder(s). 28. Occupational Safety Hazards Act Requirements: The Bidder After acceptance of a bid, the District will notify the successful bidder certifies that all material,equipment,etc.,contained in the Bid meets to submit a recorded payment and performance bond in the amount all Occupational Safety Hazards Act (OSHA) requirements. The specified in the detailed specifications. Bidder further certifies that if he or she is the successful bidder and the 23. Worker's Compensation:Vendors shall obtain and maintainduring the material, equipment, etc., delivered is subsequently found to be life of the contract Workers' Compensation Insurance in compliance deficient pursuant to any OSHA requirement in effect on the date of with Chapter 440, Florida Statutes for all of his employees employed delivery,all costs necessary to bring the material,equipment,etc.into on the project. In case any work is sublet, Vendor shall require compliance with aforementioned requirements shall borne solely by subcontractors similarly to provide Workers'Compensation Insurance. the Bidder. 24.Cancellation/Termination: In the event any of the provisions of the 29. Drug Free Workplace/Identical Tie Bids: Whenever two or more contract awarded as a result of this ITB are violated by the Vendor,the bids,which are equal with respect to price, quality and service, are Superintendent or designee will give written notice to the Vendor received for the Purchasing of commodities or contractual services, stating the deficiencies and unless the deficiencies are corrected a bid received from a business that certifies that it has implemented within ten (10) calendar days, recommendation may be made to the a drug-free workplace program shall be given preference in the award District for immediate cancellation. Upon cancellation, hereunder the process. In order to have a drug-free workplace program,a business District may pursue any and all legal remedies as provided herein and shall comply with the requirements of Florida Statute 287.087. by law.The District reserves the rightto terminate any contract resulting 30. Ethics:All awarded bidder(s)shall comply with the requirements of from this invitation at any time and for any reason,upon giving seven law regarding ethics as set forth in Chapter 112,Florida Statutes,and (7) days prior written notice to the other party. If said contract rules promulgated by the Florida Commission of Ethics. should be terminated for convenience as provided herein, the 31. Confidentiality: Bidder(s)shall be aware that all submittals provided District will be relieved of all obligations under said contract.The with a bid are subject to public disclosure and will not be afforded District will only be required to pay to the Vendor that amount of confidentiality with the exception of"sealed"financial statements. the contract actually performed to the date of termination. 32. Use of Other Contracts:The District reserves the right to utilize other Repeated instance of failure to perform may result in District contracts, State of Florida Contracts, contracts awarded by other city or county governmental agencies, other school Districts, cancellation of the contract and removal of the Bidder from other community college/state university system cooperative bid consideration on other District contracts for the duration of the agreement,or to directly negotiate/purchase per School Board policy document contract period or for three years,whichever is longer, and/or State Board Rule 6A-1.012(5) in lieu of any offer received,or at the discretion of the Director of Purchasing. award made as a result of this bid, if it is in its best interest to do so. a) Default/Cause: In the event that the awarded Bidder shouldbreach The District also reserves the right to separately bid any single order this contract,the District and the School Board reserve the right to to purchase any item on this bid if it is in its best interest to do so. seek all remedies in law and/or in equity. 33. Authority to Piggyback: The School District of Volusia County is a 25. Liabilitv: Where Vendors are required to enter or go onto District member of the Bay Area Cooperative Purchasing Consortium. Upon property to deliver materials, perform work or provide services as a award of this solicitation, if mutually agreed upon between the result of a bid award, the Bidder assumes full duty, obligation and successful bidder(s)and governmental entity,submission of any bid expense of obtaining all necessary licenses, permits and insurance, in response to this request constitutes a bid made under the same and shall be fully responsible for its own negligent or willful acts or conditions,for the same pricing,and for the same effective period as omissions. Refer to the Attachment C(Insurance Requirements form) this ITB,to any other governmental entity. for the District's insurance requirements. 34. Invoicing: Orders shall be processed,or work performed only upon 26. Indemnity: This General Condition of the ITB is NOT subject to receipt of authorized purchase orders issued by the District. The negotiation and any bid that fails to accept these conditions will Vendorwill provide two copies of the original invoice to The School be rejected as "non-responsive", unless Vendor is entitled to District of Volusia County, Financial Accounting Department, sovereign immunity by action of the Florida Legislature. The located at 200 North Clara Ave, Deland,FL 32721. District agrees to be fully responsible for its acts of negligence, or its a) All invoices shall include purchase order number, date and agents' acts of negligence when acting within the scope of their location of delivery or services,and confirmation of acceptance by employment and agrees to be liable for any damages resulting from the appropriate District representative.Invoices must be prepared said negligence. Nothing herein is intended to serve as a waiver of properly to avoid unnecessary delays in payment. Upon receipt of sovereign immunity by the District. Nothing herein shall be construed invoices forwarded from the Finance Department, the user as consent by the District to be sued by third parties in any matter school/department will approve payment for requested work that arising out of any contract.Vendor shall hold harmless and defend the has been completed satisfactorily. All invoices and District and its agents and employees from all suits and actions, correspondence shall be legibly written,signed and dated. including attorney's fees and all costs of litigation and judgments of 35. Liquidated Damages Recovery: Vendor agrees to the use of any name and description arising out of or incidental to the Liquidated Damages Recovery in the event the Vendorfails to perform erformance of this contract or work erformed there under.This in accordance with contract rovisions.On any occasion where the Page 943 of 1906 Vendor fails to perform or defaults on the contract, or any material CUSTODIAN OF PUBLIC RECORDS provision thereof, the District may procure the necessary (386)-734-7190 Ext.20110 supplies/services from other sources and hold the Vendor publicrecordsrequest@volusia.k12.fl.us financially responsible for any excess costs incurred. The 200 N. Clara Ave., Deland, FL 32720 difference between the contracted price of the products and the Failure of the Contractor to abide by the terms of this provision shall actual price paid in this circumstance may be deducted from be deemed a material breach of this agreement and the School District funds owed to the non-performing Vendor. of Volusia County may enforce the terms of this provision in the form 36. Contact Information:The Vendor shall appoint a person or persons to of a court proceeding and shall, as a prevailing party, be entitled to act as a primary contact with the District. This person or their reimbursement of all attorney's fees and costs associated with that designated back up shall be readily available during normal business proceeding.This provision shall survive any termination or expiration hours by phone or in person; knowledgeable of the terms, conditions of the contract. and procedures involved; and respond to messages within 24 hours. 39. Vendor Background Screening Requirements:Vendor will comply The District shall appoint a person or persons to act as the District with all requirements of Florida Statutes 1012.32,1012.465,1012.467 Representative.The Vendor shall have access to the site after school and 1012.468, by certifying that the Vendor and all of its employees hours,on weekends,and during school hours at the discretion of District who provide services under this contract have completed the Representative. All scheduling shall be coordinated with the District background screening required by the referenced statutes and meet Representative. the standards established by the statutes. This certification will be 37.Protest: Failure to file a protest within the time prescribed in Section provided to The District in advance of the Vendor providing any 120.57(3),Florida Statutes and District Policy 702,or failure to post the services on campus while students are present.The Vendor will bear bond or other security required by law within the time allowed for filing the cost of acquiring the background screening and any fee imposed a bond shall constitute a waiver of proceedings under Chapter 120, by the Florida Department of Law Enforcement to maintain the Florida Statutes,and failure to follow any other requirements in the bid fingerprints provided with respect to Vendor and its employees. protest procedures established by the School District of Volusia County, Vendor will provide The District a list of its employees who have Florida shall constitute a waiver of all protest rights. completed background screening as required by the referenced 38.Public Records Compliance: In addition to other contract statutes and meet the statutory requirements. Vendor will update requirements provided by law,the Contractor must comply with Florida these lists in the event that any employee listed fails to meet the public records laws, including but not limited to chapter 119, Florida statutory standards or new employees who have completed the Statutes and section 24 of article I of the Constitution of Florida, and background check and meet standards are added.Vendor agrees that specifically agrees to: in the event the Vendor or any employee who the Vendor has certified a) Keep and maintain public records required by the school district to as completing the background check and meeting the statutory perform the services; standards then is convicted of any disqualifying offense,the Vendor b) Upon request from the school district's custodian of public records, will notify The District within 48 hours of such. provide the schools districts with a copy of the requested records or a) The parties agree that in the event that Vendor fails to perform allow the records to be inspected or copied within a reasonable time any of the duties described in this paragraph, this will constitute at a cost that does not exceed the cost provided in this chapter or a material breach of the contract entitling The District to terminate as otherwise provided by law; immediately with no further responsibility to make payment or c) Ensure that public records that are exempt or confidential and perform any other duties under this contract. Vendor agrees to exempt from public records disclosure requirements are not indemnify and hold harmless The District, its officers and disclosed except as authorized by law for the duration of the employees from any liability in the form of physical injury,death, contract term and following completion of the contract if the or property damage resulting from Vendor's failure to comply with contractor does not transfer the records to the school district;and the requirements of this paragraph of the Florida Statutes. d) Upon completion of the contract,transfer,at no cost,to the school b) Effective October 1, 2005 the Florida Department of Law district all public records in possession of the contractor or keep and Enforcement opened a new shared fingerprint database that is maintain public records required by the school district to perform the available to all School Districts in Florida. Vendor and their service. If the contractor transfers all public records to the school employees who were fingerprinted within the last five(5)years in district upon completion of the contract,the contractor shall destroy any county in Florida should be in the State fingerprinting any duplicate public records that are exempt or confidential and database. Vendors and their employees who have been exempt from public records disclosure requirements. If the fingerprinted in one of the School Districts should have the ability contractor keeps and maintains public records upon completion of to notify other School Districts Human Resources Department of the contract,the contractor shall meet all applicable requirements their fingerprinting status for retaining public records.All records stored electronically must by providing the name of the School District in which they were be provided to the school district, upon request from the school fingerprinted, employee name and social security number. This district's custodian of public records, in a format that is compatible legislation alleviates the issue of requiring Vendors to be with the information technology systems of the school district. fingerprinted in every District in which they provide services. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE c) Vendor must provide a list of employees that will participate in this APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO contract for fingerprinting appointments to the District's Office of THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC Professional Standards. Any costs associated with obtaining District badges through the Department of Professional RECORDS RELATING TO THIS CONTRACT,CONTACT THE Standards shall be the sole responsibility of the Vendor. CUSTODIAN OF PUBLIC RECORDS AT: 40. Vendor Process for Fingerprinting:Upon award,Vendor is required to complywith the requirements of Florida Statutes,Section 1012.465. Vendors who will never be present on a school district campus are not required to be fingerprinted. Page 944 of 1906 41.Confidential, Proprietary, or Trade Secret Material: If the subcontractors. All cost incurred to initiate and sustain the Bidder considers any portion of the documents, data or records aforementioned programs shall be included in contract price. Failure submitted in response to this solicitation to be confidential, trade to meet this requirement may result in contract termination by the secret or otherwise not subject to disclosure pursuant to Chapter District. 119 Florida Statutes, the Florida Constitution or other authority, 46. Fair Labor Standards Act:No contractor or subcontractor holding a the Bidder must also simultaneously provide the School Board service contract with the District for any dollar amount shall pay any of its employees working on the contract less than the minimum wage with a separate redacted copy of its response.The redacted copy specified in section 6(a)(1) of the Fair Labor Standards Act 29 shall contain the School Board's solicitation name, number, and U.S.C. 206. Failure to meet this requirement may result in contract the name of Bidder on the cover, and shall be clearly titled termination by the District. "Redacted Copy." The Redacted Copy shall be provided to the 47. Disputes: In case of any doubt or differences of opinion as to the School Board at the same time Bidder submits its response to items to be furnished hereunder, the decision of the District the solicitation and must only exclude or obliterate those exact Purchasing Department shall be final and binding on both parties. portions which are claimed confidential, proprietary, or trade 48. Governing Law/Jurisdiction: The interpretation,effect,and validity secret. of any contract(s)resulting from this solicitation shall be governed by a) Bidder shall be responsible for defending its determination that the the laws and regulations of the State of Florida. Venue of any court redacted portions of its response are confidential, trade secret or action shall be in Volusia County, Florida. If in the event a suit is otherwise not subject to disclosure. Further, Bidder shall protect, brought for the enforcement of any term of the contract(s). 49. Non-Appropriation: The vendor understands and agrees any and defend and indemnify the School Board for any and all the claims every contract is subject to the availability of funds to the District to from or relating to Bidder(s) determination that the redacted purchase the specified products/services. As used herein, a "non- portions of its response are confidential, proprietary, trade secret appropriation"shall be defined as an occurrence wherein the District, or otherwise not subject to disclosure. in any fiscal period, does not allocate funds in its budget for the b) If the Bidder fails to submit a Redacted Copy with its response,the purchase of the specified products/services or other amounts owed Department is authorized to produce the entire documents,data or pursuant to any Contract,from the source of funding which the District records submitted by Bidder in response to a public records anticipates using to pay its obligations hereunder,and the District has request for these records. no other funds,from sources other than taxes,which it deems to be 42.Confidentiality of Student Records: Contractor(s) understand and available to pay its obligations under Contract. The District may agree that it is subject to all federal and state laws and the School Board terminate a contract,with no further liability to the vendor,effective the rules relating to the confidentiality of student information. The first day of a fiscal period provided that: Contractor(s) further agree to comply with the Family Educational a) a non-appropriation has occurred,and, Rights and Privacy Act("FERPA")34 C.F.R.99.The Contractor(s)shall b) The District has provided the vendor with written notice of regard all student information as confidential and will not disclose the termination not less than fifteen (15) days before the proposed student information to any third party. termination date. 43.Florida Preference: Pursuant to Section 287.084, Florida Statutes, c) Upon the occurrence of such non-appropriation the District shall effective July 2012, the Board shall make appropriate adjustments to not be obligated for payment for any fiscal period for which funds pricing of responses, as required, when bids have been submitted by have not been appropriated. Bidder(s) having a principal place of business outside the State of 50. State Registration Requirements: Any corporation submitting a Florida. Responding Bidder(s)must complete and submit with their bid bid/bid in response to this Solicitation shall either be registered or response the attached Bidder's Statement of Principal Place of have applied for registration with the Florida Department of State in Business form,attached at the end of this document.Failure to comply accordance with the provisions of Chapter 607, Florida Statutes. A shall be considered non-responsive to the terms and conditions of copy of the registration/application may be required prior to award of this solicitation. For additional information regarding this a contract.Any partnership submitting a response to this Solicitation statute, Bidder(s) may refer to: shall have complied with the applicable provisions of Chapter 620, http:Hwww.leg.state.f1.us/Statutes/index.cfm. Florida Statutes. For additional information on these requirements, 44.Florida Sunshine Law: In order for the District to be in compliance with please contact the Florida Secretary of State's Office, Division of Florida Statute Chapter 286.0113, any questions pertaining to a Corporations,(800)755-5111 (http://www.dos.state.fl.us). competitive solicitation must be submitted in writing (i.e., U.S. mail 51. Jessica Lunsford Act—House Bill 1877: The state of Florida has services or a third-party mail services company,fax,email). passed a law stating that ALL Vendors visiting a school campus shall 45.Illegal Alien Labor:CONTRACTOR shall comply with all provisions of be in compliance with Florida House Bill 1877;the Jessica Lunsford the Federal Immigration and Control Act of 1986(8 U.S. Code § 1324 Act, effective September 1, 2005, amended July 2007. The a)and any successor federal laws,as well as all provisions of Section requirements of this Act can be viewed on the District's web site, 448.09, Florida Statutes, prohibiting the hiring and continued www.volusia.1<12.fl.us. employment of aliens not authorized to work in the United States. 52. Assignment: The Contractor(s)obligations under resulting contract Contractor shall not knowingly employ or contract with an illegal alien to may not be assigned or transferred to any other entity without prior perform work under this contract or enter into a contract with a written consent of the Contract Administrator. subcontractor that fails to certify to the contractor that the subcontractor 53. Possession of Firearms: Possession of firearms will not be is in compliance with the terms stated within. The General Contractor tolerated on District property. "Firearm" means any weapon nor any subcontractor employed by him shall not knowingly employ or (including a starter gun or antique firearm)which will, is designed to, contract with an illegal alien to perform work under this contract. or may readily be converted to expel a projectile by the action of an Contractor agrees that it shall confirm the employment eligibility of all explosive;the frame or receiver of any such weapon;any destructive employees through participation in E-Verify or an employment eligibility device;or any machine gun. program approved by the Social Security Administration and will require a) No person who has a firearm in their vehicle may park their same requirement to confirm employment eligibility of all vehicle on District ro ert . Furthermore no erson may Page 945 of 1906 possess or bring a firearm on District property in any manner or on any Responsible: Refers to a vendor that has the capacity and capability to occasion. Violation of this provision by the contractor, or failure of perform the work required under a Solicitation and is otherwise eligible contractor to enforce this provision with its personnel,shall constitute a for award. material breach of the Contract. Responsive: Refers to a Respondent that has taken no exception or deviation from the terms, conditions, and specifications set forth in this THERE WILL BE NO EXCEPTIONS TO THIS PROCESS ITB. Their bid, offer, bid or response conforms to the instructions and format specified in the solicitation document. Definitions: Solicitation: The written document, sent to prospective contractors, Addendum:A written change to a Solicitation prior to the time for receipt detailing the solicitation requirements and requesting bids, bids or of bids or bids. submittals from interested parties. Acquisition: The process of obtaining supplies, services,or construction Superintendent: The Superintendent of Schools of the District or through purchase, lease, or grants. The process includes the designee. establishment of needs,description of requirements, selection of method Vendor: A general reference to any entity responding to this solicitation of procurement, selection of sources, solicitation of offers, award of or performing under any resulting contract,also includes contractor,firm, contract,financing,and contract administration. offeror,bidder,respondent,etc. Awarded Contractor/Awardee: Board approved Bidder(s) for this ITB. Bid,Offer,Submittal,Bid or Response:Shall refer to any bid,offer,bid, or response submitted in regard to this solicitation that if accepted would bind the Offeror to perform the resultant contract. Board:Volusia County School Board;also known as District or BOARD Conflict of Interest:An actual or potential situation in which the personal interests of a Vendor,employee or public official,are,or appear to be, in conflict with the best interests of the Board. Consideration: The cause, motive, price or compelling influence that leads a party to enter a contract. A binding contract requires an offer, acceptance of the offer,and consideration. Contract: An agreement, enforceable by law, between two or more competent parties, to provide goods and/or perform services as set forth in this solicitation. • Purchase of Goods-The contract will be comprised of the solicitation document signed by the vendor with any addenda and other attachments specifically incorporated and a District purchase order. • Performance of Services — The contract will be comprised of the Agreement between the District and the vendor, the solicitation document,any addenda,and other attachments incorporated into the agreement. Contractor: The party/legal entity to whom an award has been made. District:All buildings,grounds,facilities,and any other indoor or outdoor areas owned and/or operated by the BOARD. Firm: A general reference to any entity responding to this solicitation or performing under any resulting contract,also includes vendor,contractor, respondent,etc. Interested Party: The terms professional, contractor, vendor, firm, company, offeror, respondent etc., is used interchangeably in this document. Each reference when used refers to any entity that is participating in this solicitation. An actual or prospective offeror whose direct economic interest could be affected by the award of a contract or by the failure to award a contract. Modification:A written change to the terms of a contract. Offeror: Anyone submitting a response; Also referred to as Bidder, Respondent,Submitter,or Bidder. Bid:The information submitted by a firm in response to this ITB. Bidder: Representatives of the vendor submitting a bid. Lobbying: Any action taken by an individual, firm, association, joint venture,partnership,syndicate,corporation,and all other groups who seek to influence the decision of a Board Member or District personnel after advertisement and prior to the award of a bid or contract. Request for Bids(ITB)/Request for Qualifications(RFQ):A solicitation document used in other-than-sealed-bid procurements. ITB's and RFQ's are used in negotiated procurements to communicate District requirements to prospective contractors and to solicit bids/qualification statements from them. Used where Qualifications are considered equal to; or greater than rice. Page 946 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 9 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) SECTION 1 —STANDARD TERMS AND CONDITIONS 1. Intent: The intent of this solicitation is to select multiple Bidder(s) to provide firm fixed percentage discount(s) off of teaching aids, instructional equipment&consumable supplies on an as-needed basis for the School Board of Volusia County, (hereinafter referred to as the "District"). 2. Solicitation Time: SOLICITATION PERIOD—ITB CL-905KM August 24th, 2018 Public Release August 31st, 2018 at 5:00 PM Deadline for Questions September 7th, 2018 Last Day for Addendums EVALUATION PERIOD September 25th, 2018 @ 2:00 PM Opening date and time September-October 2018 Bid Evaluation October 2018 Recommendation for Award is posted publicly on VendorLink BOARD APPROVAL PERIOD November 7th, 2018 TBoard Approval GENERAL PERFORMANCE TIME LINE December 1St, 2018 Performance Period Begins Note: Dates and times are estimated and are subject to change. Notification of changes to the time schedule will be made to registered Bidders. Response to inquiries regarding the status of a bid will not be made prior to the posting of award recommendation. 3. Questions and Bid Submittal: Please submit and refer bid specification questions to: Kendra Meeks, Procurement Specialist/Buyer Purchasing Department The School Board of Volusia County 3750 Olson Drive Facilities Services Building Daytona Beach, Florida 32124 Email:KI-Meeks 1 @volusia.k12.fl.us Phone: (386) 947-8786, ext. 50761 Fax: (386) 506-5056 3.1 The District will post answers to questions posed by prospective Vendors and/or general information concerning this Invitation to Bid in the form of an addendum to the Invitation to Bid on the Internet at Page 947 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 10 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) https://www.myvendorlink.com/common/default.aspx. Information provided verbally to any Vendor shall NOT be considered as an official answer. Vendors must comply with information provided in written addenda only, and not verbal conversations. Invitation to bid information can be accessed at the website by searching for bid number CL-905KM. It is the responsibility of the prospective Vendor to check the website for any addenda issued for this Invitation to Bid.The District reserves the right to disqualify any prospective Vendor who contacts a District employee, or agent concerning this Invitation to Bid, other than in accordance with this Section. 4. Electronic Submittal/Delivery of Solicitation Response: Bidder(s) shall prepare bids in accordance with the requirements of these instructions to Bidder(s). Bid submission not prepared in accordance with published instructions,will be considered non-responsive/responsible. Bid submissions may rejected. 4.1 Bid submission will be receive through the VendorLink system for goods, equipment, materials, and related services set forth in the included specifications and documents. "No bid" submitted may be withdrawn after the scheduled closing time for the ITB for a period of 120 days. If you are having system errors when uploading the Bid Submittal in VendorLink, bid hardcopies and an electronic copy provided on a flash drive (with all applicable original "wet" signatures)will be accepted at the address listed in Section 1, Paragraph 3; however, the full submittals must be submitted by closing time; September 25, 2018 @ 2:00 PM with no exceptions. 4.1.1 All Bidders are reminded that it is the sole responsibility of the Bidder to ensure that their bid is received by the Volusia County Procurement Department on or before the time and date due for bids to be considered. Bids received after the date and hour specified will NOT be considered. Late Bids will be re'iected. NOTE: FACSIMILE (FAX)AND E-MAIL BID SUBMISSION WILL NOT BE ACCEPTED. 4.2 To ensure correct bid formatting, Bidder(s)shall: a) Submit all bids, response pages &supplemental documents electronically through VendorLink. b) Upload files only in MS Word (.doc or .docx), Excel (.xls or .xlsx), and PowerPoint (.ppt or .pptx); Adobe Portable Document Format(.pdf); Compressed File (ZIP)formats. c) Enable printing on files submitted. d) Separate and identify each part of the submission (i.e. document type, form type, content type) with a divider/separation page. e) Contact VendorLink technical support at supporta evendorlink.com, if technical difficulties arise during bid submission. Note: Bidders are strongly encouraged to be proactive with their responses, should technical difficulties arise. f) Follow all instructions outlined in this ITB and provide all requested information. 4.3 Signatures: An authorized representative of each bidder shall: a) Sign or e-sign the bid, give their full name and title, and provide the bidder's business name and address. b) Enter the organization's exact legal name on the bid. c) Sign or e-sign compliance forms, if applicable 4.4 Withdrawal/Alter: Bidder(s) may withdraw, alter, and resubmit their bids through VendorLink at any time prior to Page 948 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 11 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) the bid due date and time. Bids may not be withdrawn, altered, or resubmitted after the bid due date and time. The District may request clarifications and additional information after bid submission. 5. Award: The award may be made to multiple responsive/responsible Vendors who offer fixed percentage discount(s), and comply with all specifications, terms and conditions of this solicitation. 5.1 The District has the sole discretion and reserves the right to cancel this Bid, to reject any and all bids, to waive any and 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 District to do so. NOTE: This contract will remain open to add new vendors during the contract period. If during the contract period a vendor submits all necessary bid documents, offers a percentage discount and complies with all specifications, terms and conditions of the contract, the vendor's request to be added as an awarded vendor will be taken to the Board for approval. The effective dates of the new vendorwill be from the day after Board approval until the final contract expiration date. 6. Term of Contract: The award term shall be for an initial three (3)year period of December 1, 2018 thru November 30, 2021, during which time the successful Bidder(s) shall guarantee firm fixed percentages awarded for the term of the contract as specified herein. 7. Renewal: The District reserves the right to renew/negotiate any or all percentages, terms, conditions and specifications of the contract for up to two (2) additional one-year periods upon mutual agreement by both the District and awarded Bidder(s). Renewals must be submitted in writing with the signature of the awarded Bidder(s)Authorized Representative(s).The District, through its Purchasing Department,will, if considering a renewal or extension, request a letter of intent to renew or extend from one or more awardees, prior to the end of the current contract period. The awardees will be notified when the recommendation has been acted upon by The District. 8. Pricing: All Bidder(s) shall use the Vendorl-ink "Quote/Bid Items" section to input their fixed percentage discounts allowed to the tenths digit (7.8%, 12.5%, 17.0%, etc.) off the Bidder's catalog pricing. Bidder's must base their percentage discount from the unaltered list price as originally published. Discounts or pricing from other sources will not be acceptable. Percentage discount offered can be increased but cannot be decreased without prior acceptance from the District Purchasing Department. Bids must offer a discount in order to compete. NOTE: Bidder's must submit a fixed percentage discount of at least 1.0% or higher to be considered for award. 9. Incurred Expenses:This ITB does not commit the District to award an Agreement, nor shall the District be responsible for any cost or expense which may be incurred by the Bidder in preparing and submitting the submittal called for in this ITB, or any cost or expense incurred by the Bidder prior to the execution of an Agreement. 10. Waiver of Claims: Once this Agreement expires,or final payment has been requested and made,the awarded Vendor shall have no more than thirty (30) calendar days to present or file any claims against the District concerning this Agreement.After that period,the District will consider the Vendor to have waived any right to claims against the District concerning this Agreement. 11. Sign-In, Sign-Out: If and when performing services at District facilities and schools, it will be the responsibility of the awarded Bidder(s) to have their Representative sign in and sign out upon arrival and departure with the appropriate District personnel (i.e., Principal or Principal's designated representative).Awarded Bidder(s)and their employees are required to wear/display an identification card, photo badge or type of clothing that clearly identifies both the awarded Page 949 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 12 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) Vendor's and their employee's name at all times while on District property. 12. Limitation on Vendor Contact: Solely with regard to a released solicitation, no vendor or their representative shall contact or lobby District personnel or School Board members, prior to a posted award recommendation.All questions are to be directed to the identified Purchasing Department Buyer, unless otherwise stated in the special conditions of the solicitation.Violation of this policy may result in the rejection/disqualification of bidder's response per School Board Fiscal Management Policy 702. 13. Assignment: The Bidder(s) obligations under resulting contract may not be assigned or transferred to any other person,firm, or corporation without the prior written consent of the Contract Administrator. 13.1 The bidder(s) will be prohibited from publishing or releasing any information related to the requested services without the prior written permission of the District. All reports and other documents resulting from the ensuing Contract will remain the sole property of the District. 14. Severability: The invalidity of one or more of the phrases, sentences, clauses or sections contained in the contract shall not affect the validity of the remaining portion of the contract so long as the material purposes of the contract can be determined and effectuated. If any provision of the contract is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is unenforceable, and the contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent. 15. Force Maieure: Neither party shall be liable for any failure or delay in the performance of its obligations pursuant to the Contract, and such failure or delay shall not be deemed a default of the Contract or grounds for termination hereunder if all of the following conditions are satisfied: If such failure or delay; 15.1 Could not have been prevented by reasonable precaution; 15.2 Cannot reasonably be circumvented by the non-performing party through the use of alternate sources, work- around plans, or other means; and 15.3 If, and to the extent, such failure or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions or court order. 15.4 An event that satisfies all of the conditions set forth above shall be referred to as a"Force Majeure Event."Upon the occurrence of a Force Majeure Event, the affected party shall be excused from any further performance of those of its obligations which are affected by the Force Majeure Event for as long as (a)such Force Majeure Event continues and (b) the affected party continues to use reasonable efforts to recommence performance whenever and to whatever extent possible without delay. 15.5 Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other by telephone (to be confirmed by written notice within five (5) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the successful Vendor from performing its obligations for more than fifteen (15) days, the District shall have the right to terminate the contract by written notice to the successful Vendor. Page 950 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 13 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) 15.6 Notwithstanding anything contained herein to the contrary, strikes, slow-downs, walkouts, lockouts, and industrial disputes of the successful Vendor shall not constitute "Force Majeure Events" and are not excused under this provision. Nothing in the preceding Force Majeure provisions shall relieve the successful Vendor of any obligation it may have regarding disaster recovery, whether under the contract or at law. 16. Insurance: Awarded vendor shall name The School Board of Volusia County, 200 N. Clara Ave, DeLand, FL, 32720 as an additional Certificate Holder on vendor's policy. Responding Vendors shall provide this information with their bid. Vendor shall maintain the following insurance for the life of the bid contract as follows: 16.1 Worker's Compensation Insurance:The Vendor shall maintain Worker's Compensation and Employer's Liability Insurance in accordance to Florida's statutory limits. 16.2 Commercial General Liability: The Vendor shall maintain Commercial General Liability Insurance at a minimum of$2,000,000.00. 16.3 Commercial Automotive Liability Insurance: The Vendor shall maintain Commercial Automobile Liability Insurance, including but not limited to bodily injury and property damage, combined single limit, including any automobiles, hired and non-owned, at a minimum of$2,000,000.00. 16.4 Professional Liability:The Vendor shall maintain Professional Liability Insurance ata minimum of$1,000,000.00. 16.5 The insurance carrier shall notify the District at least thirty (30) days prior to canceling any of the specified coverage. Upon written request by the District,the insurance carrier shall provide a copy of each policy.Awarded Vendor shall provide a copy of their Certificate of Insurance within seven (7) business days after notification of recommended award. 17. Drug-Free Workplace: All of our schools are smoke free. In accordance with the District's "Drug-Free Work Place General Policy" employees shall not possess or be under the influence of tobacco products, alcohol, drugs or any illegal substances while on District property. The use of tobacco products is also prohibited while on District property. Vendors will be required to assure that assigned personnel work in a drug-free environment and will conduct themselves in a manner that does not violate the District's standards for employment. Responding Vendors shall provide this information with their bid. 18. References: Vendors shall furnish current references from three (3) commercial customers for same or similar products and services specified in this bid. The form shall contain sufficient and specific information which directly responds to the request. Responding Vendors shall provide this information with their bid. 19. Debarment: All bids shall be accompanied by a completed Certificate regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion form. Responding Vendors shall provide this information with their bid. 20. Certification Regarding Lobbying: All bids shall be accompanied by a completed Anti-Lobbying form. Responding Vendors shall provide this information with their bid. 21. Public Entity Crimes: Bidders shall complete the required sworn statement under section 287.133(3), (A), Florida Statutes, Public Entity Crimes. Form shall be signed and notarized. Page 951 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 14 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) 22. Non-Conflict of Interest: All Bidders review and complete all necessary forms for authentication of bid, and the District's policy statement of non-collusion and non-conflict of interest. 23. Principal Place of Business: Bidder shall complete the form with all required information and all signatures as specified. 24. Addenda Acknowledgement: All Bidders shall complete the form with all required information and all signatures as specified. The enclosed Addenda Acknowledgement Form must be signed and returned in order for your bid to be considered. 25. Florida Preference: Pursuant to Section 287.084, Florida Statutes, effective July 2012, the District shall make appropriate adjustments to pricing of responses, as required, when bids have been submitted by Vendors having a principal place of business outside the State of Florida. Responding Vendors must complete and submit with their bid response the attached Bidder's Statement of Principal Place of Business form, attached at the end of this document. Failure to comply shall be considered non-responsive to the terms and conditions of this solicitation. For additional information regarding this statute, Vendors may refer to: http://www.leg.state.fl.us/Statutes/index.cfm. 22. Florida Department of State, Division of Corporations Registration Requirements: Bidder(s) who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number, and a screen shot of their "active" status. All registered bidder(s) must have an active status in order to be eligible to do business with the School Board. Bidder(s) doing business under a fictious name, on Page 1, must submit their offer using the company's complete registered legal name; example: ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit: www.Sunbiz.org. 23. Receiving/Payment/Invoicing: No payment will be made for materials ordered without proper purchase order authorization and/or Purchasing Card. The District shall pay all awarded vendors pursuant to and in accordance with the promulgations set forth by the State of Florida's Prompt Payment Act (Florida Statutes Section 218. 70). Payment shall not be made until services have been completed, inspected, and accepted by the District in the quality and quantity ordered. Payment will be accomplished by submission of invoice, in duplicate, with Purchase Order Number referenced thereon and mailed to the address set forth on the purchase order or by using the Purchasing Card. Payment in advance of delivery by the District cannot be made. 23.1 Invoicing: All invoices submitted must contain the following detailed information in order to be processed for payment: a) Purchase Order number b) Date or time of monthly statement c) Name of District employee(s) that authorized purchase d) Itemized parts and supplies 23.2 Purchase Orders: The District utilizes a VISA purchasing card as well as purchase orders. The District may purchase some items using a purchase order or using a VISA purchasing card. Purchasing card orders will be placed by the school/department directly with the awarded vendor(s). The successful bidder(s)will be expected to honor all orders at the discounted bid prices. Page 952 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 15 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) SECTION 2—SPECIFICATIONS 1. Scope: The bidder(s) shall provide Teaching Aids, Equipment & Supplies at a fixed percentage discount during the term of the resulting contract. The performance of the successful bidder(s) and the quality standards of service shall be in accordance with the terms of the specifications as set forth herein. Failure to comply with these requirements may be cause for bid rejection or award cancellation. 2. Discount Adjustments: The percentage discount rate offered shall remain flexible to take advantage of a higher discount rate throughout the contract period, but the discount percentage cannot be lowered. 3. Item Catalog(s): All bidder(s) must submit an electronic copy or weblink of all item catalogs to be used under this contract with their bid submittal. If an electronic version of your catalog is available with online interactive capabilities, the District may wish to use this version if prices can be configured with the percentage discount already taken. 3.1 New Items: New items appearing in the awarded bidder's catalog(s) released after the bid opening date are to be covered under the resulting contract as if these items were originally included in the catalog(s)submitted with the bid. 3.2 Training: If necessary,successful bidder(s)must be willing to offer training and support as needed to the District. Training may include, but not be limited to company introduction, setting up new users for online ordering, and a review of catalog bid discounts. 4. Product Offering: All Bidder(s) must complete Exhibit A: Bidder's Product Offering Sheet in order to be considered for award. Bidder(s)will use Exhibit A to indicate the specific product category that best fits their company's product profile. NOTE: More than one category may be selected. 4.1 Primary: Category represents Bidder's major product offerings and core competencies. 4.2 Secondary: Category represents Bidder's minor product offerings. 4.3 Not Applicable: Bidder does not offer this category of products. 5. Authorized Distributor: All Bidder(s)must be authorized distributors for the products they sell to the District. Bidders must upload a signed letter with their bid response from the product manufacturer(s) stating that the Bidder is an "authorized distributor". Bids will not be considered if the authorized distributor letter is not included with bid response. 6. Quality: All equipment and supplies covered in this bid shall be NEW, free from defects, and carry a manufacturer's warranty. 7. Delive : Delivery shall be "F.O.B. Destination, prepaid and allowed" to various locations within the Volusia County School District. 7.1 Warranty shall begin after delivery and acceptance of item(s) by the School District of Volusia County. 7.2 Delivery charges, fuel surcharges or fees, if any, shall be included in the percentage discounts. No charges shall be noted on the invoice for delivery, fuel or handling fees. Delivery charges for expedited shipments such Page 953 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 16 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) as air freight, may be added to invoices only when requested and authorized by the Volusia County School Board. The individual authorizing delivery charges must appear on the vendor invoice. 7.3 Deliveries, as specified, shall be made within seventy-two (72) hours after receipt of order, except for special order items. The School Board shall make every effort to consolidate order requests of like items, however, the Board reserves the right to place an order of any size, regardless of quantity, with the awarded Bidder(s). All Schools and designated departments will be urged to refer to catalogs and discounts provided by awarded vendors in their attempt to fill their requirements at the lowest net prices. 7.4 Orders shall be made on an as needed basis with no minimum order requirements. Items shall be delivered, as requested, to all locations within Volusia County. • School delivery hours are from 8:00 A.M. to 4:00 P.M. EST, Monday through Friday (except Legal or School Board holidays). • Warehouse delivery hours are from 6:00 A.M. to 2:00 P.M. EST, Monday through Friday (except Legal or School Board holidays). 7.5 The Volusia County School Board reserves the right to cancel any item(s)on order and obtain such item(s)from another source, when item(s) are not available within seventy-two (72) hours or when item(s) are placed on backorder status. 8. Returns: Any new part(s) returned to the awarded Bidder(s)within twelve (12) months of the date of purchase shall be credited in full to the District with no restocking fees. Additionally, any item(s) which do not meet or exceed specifications will be returned at the vendor's expense. 9. Damaged Items: In the event an item(s) is received, and it is later determined there is concealed damage when the item(s) is unpacked, the item(s) must be replaced by the contractor at no cost to the School Board. 10. Warranty: Minimum warranty shall be twelve (12) months or the manufacturer's standard warranty, whichever is greater, for all items purchased from the resulting contract. Warranty shall begin after delivery, acceptance and installation of item(s) by the using Department. 11. Packing Slips/Invoices: Both the packing slips (delivered with the merchandise) and invoices submitted to the School District need to have the item description and pricing by line item. 12. Labeling: Each carton, package, box and/or container shall be labeled. Each label shall identify each carton as follows: • Name of item • Quantity of item contained • Unit of Measurement (U/M)or Unit of Issue (U/1) • Purchase Order Number • Company Name 13. Substitutes: Unapproved substitutes will not be allowed. If items are not available, the Department noted on the purchase order must be contacted prior to shipment to determine if a substitute is acceptable. Page 954 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 17 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) RESPONDENT'S EXPERIENCE/QUALIFICATIONS AND REFERENCES Please provide written responses to the following questions. If the answer to any of the questions is"Yes",Vendor shall describe fully the circumstances, reasons therefore,status,and ultimate disposition of each matter that is the subject of this inquiry. 1. Years in business underpresent nam: Years performing work specialty: License or business tax receipt currently valid in force: 2. Vendor's Representative Provide the following information for the person assigned to this contract. Representative will assist in the overall coordination of services to include but not be limited to quoting projects and resolving issues with invoices,etc.: Nam: Phone#: Cell#: Email: 3. Has Vendor been declared in default of any contract? ❑Yes ❑ No 4. Has Vendor ever forfeited on any performance bond payment issued by a surety company on any contract? ❑Yes ❑ No 5. Has an uncompleted contract been assigned by Vendor's surety company on any payment of performance bond issued to Vendor arising from its failure to fully discharge all contractual obligations there under?❑Yes❑ No 6. Within the past three(3)years,has Vendor filed for reorganization,protection from creditors,ordissolution underthe bankruptcy statutes? ❑Yes❑ No 7. Is Vendor now the subject of any litigation in which an adverse decision might result in a material change in the respondent's financial position or future viability? ❑Yes❑ No 8. Is Vendor currently involved in any state of a fact-finding, negotiations or resistance to a merger,friendly acquisition or hostile take-over, either as a target or asa pursuer? ❑Yes❑No 9. References: Provide three references from agencies you have provided goods or services to in the past three (3)years, at least one reference should be a public-school system. Reference#1 Organization Name: Telephone#: Contact Name: E-mail Address: Scope of Work Provided: Project Dollar Value: Present Contract Status: Contract Dates: Reference#2 Organization Name: Telephone#: Contact Name: E-mail Address: Scope of Work Provided: Project Dollar Value: Present Contract Status: Contract Dates: Reference#3 Organization Name: Telephone#: Contact Name: E-mail Address: Scope of Work Provided: Project Dollar Value: Present Contract Status: Contract Dates: Page 955 of 1906 THE SCHOOL BOARD OF VOLUSIA COUNTY BID REQUEST NO.: CL-905KM 3750 OLSON DRIVE DATE: August 24, 2018 DAYTONA BEACH, FL 32124 PAGE 18 OF 31 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) BIDDER'S STATEMENT OF PRINCIPAL PLACE OF BUSINESS (To be completed by each Bidder) Name of Bidder: Identify the state in which the Bidder has its principal place ofbusiness: Bidder's signature: INSTRUCTIONS: If your principal place of business above is located within the State of Florida, provide the information as indicated above and return this form with your bid response. No further action is required. If your principal place of business is outside of the State of Florida, the following must be completed by an attorney and returned with your bid response. Failure to comply shall be considered to be non-responsive to the terms of this solicitation. OPINION OF OUT-OF-STATE BIDDER'S ATTORNEY ON BIDDING PREFERENCES (To be completed by the Attorney for an Out-of-State Bidder) NOTICE:Section 287.084(2), Florida Statutes,provides that"a Vendor whose principal place of business is outside this state must accompany any written bid,proposal,or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state,as to the preferences,if any or none,granted by the law of that state[or political subdivision thereof]to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts."See also:Section 287.084(1),Florida Statutes. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (Please Select One) The Bidder's principal place of business is in the State of and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in thatstate. The Bidder's principal place of business is in the State of and it is my legal opinion that the laws of that state grant the following preference(s)in the letting of any or all public contracts to business entities whose principal places of business are in that state:[Please describe applicable preference(s)and identify applicable statelaw(s)]: LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (Please Select One) The Bidder's principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision. The Bidder's principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision grant the following preference(s)in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision: [Please describe applicable preference(s)and identify applicable authority granting the preference(s)]: Signature of out-of-state Bidder's attorney: Printed name of out-of-state Bidder's attorney: Address of out-of-state Bidder's attorney: Telephone number of out-of-state Bidder's attorney( ) Email address of out-of-state Bidder's attorney: Attorney's states of bar admission: Page 956 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 19 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions This certification is required by the Department of Education regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, for all lower tier transactions meeting the threshold and tier requirements stated at Section 85.110. Instructions for Certification: 1. By signing and submitting this bid, the prospective lower tier 6. The prospective lower tier participant further agrees by submitting this participant is providing the certification set out below. bid that it will include the clause titled "Certification Regarding Debarment,Suspension, Ineligibility,and Voluntary Exclusion-Lower 2. The certification in this clause is a material representation of fact Tier Covered Transactions," without modification, in all lower tier upon which reliance was placed when this transaction was covered transactions and in all solicitations for lower tier covered entered into. If it is later determined that the prospective lower tier transactions. participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, 7. A participant in a covered transaction may rely upon a certification of the department or agency with which this transaction originated a prospective participant in a lower tier covered transaction that it is may pursue available remedies, including suspension and/or not debarred, suspended, ineligible, or voluntarily excluded from the debarment. covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it 3. The prospective lower tier participant shall provide immediate determines the eligibility of its principals. Each participant may, but is written notice to the person to which this bid is submitted if at any not required to,check the Non-procurement List. time the prospective lower tier participant learns that its certification was erroneous when submitted or has become 8. Nothing contained in the foregoing shall be construed to require erroneous by reason of changed circumstances. establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and 4. The terms 'covered transaction," "debarred," "suspended," information of a participant is not required to exceed that which is "ineligible," "lower tier covered transaction," "participant," normally possessed by a prudent person in the ordinary course of "person," "primary covered transaction," "principal," "proposal," business dealings. and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules 9. Except for transactions authorized under paragraph 5 of these implementing Executive Order 12549. You may contact the instructions, if a participant in a covered transaction knowingly enters person to which this proposal is submitted for assistance in into a lower tier covered transaction with a person who is suspended, obtaining a copy of those regulations. debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal 5. The prospective lower tier participant agrees by submitting this bid Government, the department or agency with which this transaction that, should the proposed covered transaction be entered into, it originated may pursue available remedies, including suspension shall not knowingly enter into any lower tier covered transaction and/or debarment. with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. Certification (1) The prospective lower tier participant certifies, by submission of (2) Where the prospective lower tier participant is unable to certify to this bid,that neither it nor its principals are presently debarred, any of the statements in this certification, such prospective suspended, bid for debarment, declared ineligible,or voluntarily participant shall attach an explanation to this bid. excluded from participation in this transaction by any Federal department or agency. Name of Applicant PR/Award Number and/or Project Name Printed Name Title of Authorized Representative Signature Date ED 80-0014 9/90(Replaces CCS-009 REV. 12/88), which is obsolete Page 957 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 20 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) AUTHENTICATION OF BID AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST I hereby certify: 1. That I am the vendor (if the vendor is an individual), a partner of the vendor (if the vendor is a partnership)or an officer or employee of the bidding corporation having authority to sign on its behalf(if the vendor is a corporation). 2. That the submitted quote covering Volusia County School District's ITB CL-905KM has arrived at the vendor independently, and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the Invitation to Bid, designed to limit the independent bidding or competition as prohibited by provisions; or any attendant procurement regulations of the Volusia County School District. 3. That the contents of the bid have not been communicated by the Vendor or its employees or agents to any person not an employee or agent of the Vendor and will not be communicated to any such person prior to the official opening of the bid. 4. That the Vendor is legally entitled to enter into the contract with the School District of Volusia County and is not in violation of any prohibited conflict of interest, including those prohibited or any procurement regulation of the School District of Volusia County. 5. That the vendor has fully disclosed with their response the name(s)of any officer, director, or agent who is or was an employee of the School Board of Volusia County, Florida. 6. In submitting the above, it is expressly agreed that upon proper acceptance by the School District of Volusia County of any or all items bid above, a contract shall thereby be created with respect to the items in this bid being accepted. 7. That I have fully informed myself regarding and affirm the accuracy of all statements in this bid, including the pricing. READ CAREFULLY -SIGN IN SPACE BELOW-FAILURE TO SIGN INVALIDATES BID: SIGNED BY TITLE COMPANY NAME TELEPHONE NO. ADDRESS DATE CITY STATE ZIP CODE Page 958 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 21 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) REQUEST FOR APPROVAL OF PROPOSED PURCHASING TRANSACTION INVOLVING POSSIBLE CONFLICT OF INTEREST INSTRUCTIONS:This form is required to be completed by any employee or former employee within two years of termination of employment who proposes or whose near relative proposes to either directly or indirectly purchase,sell,rent,or lease any realty,goods, or services from any business entity of which the employee or employee's immediate family has a material interest;nor shall any such individual either directly or indirectly sell,rentor lease any realty,goods,or services to the District. See previous page for fuii policy statement. ComoIetion of this request does not constitute authorization for work to begin or for services to be orovided Name and Title of Employee making request 0 Employee 0 Former Employee Division/Department Separation Date: Building/Room Telephone Extension CHECK AND COMPLETE THE APPROPRIATE ITEM: 0 I propose to directly or indirectly purchase,rent,sell,or lease any realty,goods,or services to the District. 0 A near relative*proposes to directly or indirectly purchase,rent,sell or lease any realty,goods,or services to the District. Name of Relative: Relationship: Address: 0 I own or control more than 5%interest in a business which proposes to directly or indirectly purchase,rent,sell or lease any realty,goods,or services to the District. Name of Business: Nature of Interest: 0 A near relative*own or controls more than 5%interest in a business which proposes to directly or indirectly purchase,rent, sell or lease any realty,goods,or services to the District. Name of Relative: Relationship: Address: Name of Business: Nature of Interest: Describe the realty,goods or services proposed: Are the realty,goods or services available commercially? certify that no District time,material,equipment or facilities have been or will be used in connection with any resulting purchase order or contract. certify that I have not or will not make,or participate in the making of the District's decision to purchase the realty,goods or services covered by this disclosure. Signature of Employee 7te — APPROVALS Employee's Department Head (not required if former employee) Other Administrative Approval *See reverse side for definition Page 9bU o 06 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 22 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) The School District of Volusia County Ph: 386-947-8786 ARMPurchasing& Warehouse Services Fax:386-506-5056 3750 Olson Drive Daytona Beach,FL 32124 POLICY REGARDING EMPLOYEE CONFLICT OF INTEREST IN PURCHASING Definitions Employee—any individual who is presently employed by the District or whole separation from the District occurred within two years of the date of the proposed transaction. Near Relative—spouse, child, parent, brother, sister, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law,sister-in-law, and step relatives in the same relationship. Employee-Vendor Relationship—a relationship in which an employee, or near relative, acts as an independent contractor for the purpose of renting or selling goods or providing services to the District. Policy Conflict of Interest—The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All bidder(s) must disclose with their bid the name of any officer, director, or agent who is also an employee of the School Board of Volusia County, Florida. Furthermore, all bidder(s) must disclose the name of any Board Employee who owns directly or indirectly, any interest of five per cent (5%)or more of the total assets of capital stock in the bidder's firm. (F.S. Chapter 112, Part 111.)—"No employee of an agency acting in his or her official capacity as a purchasing agent, or public officer acting in his or her official capacity, shall either directly or indirectly purchase, rent, or lease any realty,goods, or services for his or her own agency from any business entity of which the officer or employee or the officer's or employee's spouse or child is an officer,partner, director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent,lease, or sell any realty, goods, or services to the officer's or employee's own agency, if he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as an officer or employee of that political subdivision." Ethics in Purchasing—The provisions of School Board policy 426 regarding Vendor Relations shall apply regarding any "compensation" or "gifts". Pursuant to Section 1-3 of the Volusia County School's Purchasing Manual, each transaction shall be handled objectively, without favoritism or discrimination,without seeking or dispensing personal favors and based on sound business judgment. READ CAREFULLY–SIGN IN THE SPACE BELOW–FAILURE TO SIGN INVALIDATES BID SIGNED BY: TITLE COMPANY NAME: TELEPHONE NO.: ADDRESS: DATE: CITY: STATE: Page 960 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 23 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) ADDENDA ACKNOWLEDGEMENT FORM It is the sole responsibility of each Bidder to ensure that all addenda released are received; that all ITB and addenda requirements have been completed and that all required submittals have been included. The undersigned acknowledges the receipt of any addenda.Include a copy of each addenda with bid. Addendum#1 Date issued: Signature Attached to bid?YN Addendum#2 Date issued: Signature Attached to bid?YN Addendum#3 Date issued: Signature Attached to bid?YN Addendum#4 Date issued: Signature Attached to bid?YN Addendum#5 Date issued: Signature Attached to bid?YN Page 961 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 24 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statue 287.087 hereby certifies that Does: Name of Business 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, 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 contract a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under contract, 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 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 Paragraphs 1 thru 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Signature of Authorized Officer Date Page 962 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 25 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) PUBLIC ENTITY CRIMES FORM SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES,PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for 2. This sworn statement is submitted by (Name of entity submitting sworn statement) whose business address is and (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: 3. My name is and my relationship to the (please print name of individual signing) entity name above is 4. 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, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust,fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 5. I understand that"convicted" or"conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a violation 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. 6. I understand that an"affiliate"as defined in Paragraph 287.133(1)(a),Florida Statutes,means: a. A predecessor or successor of a person convicted of a public entity crime;or b. as 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 officers, directors, executives, partners, shareholders, employees,members,and agents who are active in the management of an 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 for fair market value under an arm's length agreement,shall be a prima 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. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), 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 into 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 an entity. Page 963 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 26 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees,members,or agents who are active in management of the entity,not any 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,members,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,AND(Please indicate which additional statement applies.) The person or affiliate has not been placed on the convicted contractor list. (Please describe any action taken by or pending with the Department of General Services.) Date: (Signature) STATE OF COUNTY OF APPEARED IN PERSON BEFORE ME(the undersigned authority),who is personally,known to me or provided the following identification and affixed his/her signature in the space provided above on this day of '120 NOTARY PUBLIC My commission expires: Page 964 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 27 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) CERTIFICATION REGARDING LOBBYING Applicable to Grants, Sub-grants, Cooperative Agreements,and Contracts Exceeding$100,000 in Federal Funds. Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. 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. The undersigned certifies, to the best of his/her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract,grant, loan,or cooperative agreement. 2 If any funds other than 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 grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying",in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all covered sub- awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub- recipients shall certify and disclose accordingly. Name/Address of Organization Name/Title of Submitting Official Signature Date Page 965 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 28 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352(See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ( ) a. contract ( ) ( ) a. initial filling b. grant a. bid/offer/application b. material change C. cooperative agreement b. initial award d. loan c. post-award For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name and ( ) Prime ( ) Sub-awardee Address of Prime: Tier (if known) Congressional District,if known: Congressional District,if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CDA Number,if applicable: 8. Federal Action Number,if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b.Individuals Performing Services(including address if different from No. (if individual,last name,first name, Ml): 10a) 11.Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying activities in a material Signature: representation of fact upon which reliance was pursuant to 31 U.S.C. 1352.This information will be available for Print Name: public inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty of Title: not less than$10,000 and nor more than$100,000 for each such failure. Telephone No.: Date: Federal Use Only: Authorized for Local Reproduction Standard Form LLL (Rev.7-97) Page 966 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 29 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) INSTRIJCTIONS FOR COMPLETION OF SF-LLL,DISCLOWRE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action,or a material change to a previous filing, pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate.Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federalaction. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the 1set tier. Sub-awards include but are not limited to sub-contracts, sub-grants and contract awards undergrants. 5. If the organization filing the report in Item 4 checks "Sub-awardee", then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example; Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (Item 1), if known, enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identify number available for the Federal action identified in Item 1 (e.g., Request for Proposal number(RFP), Invitation to Bid(ITB)number; Invitation for Bid (IFB)number; grant announcement number;the contract,grant,or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "ITB-DE-90-001." s. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in Item 4 or 5. lo. a. Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered Federalaction. b. Enter the full names of the individual(s) performing service(s),and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial(MI). 11. The certifying official shall sign and date the form, print his/her name, title,and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budge,Paperwork Reduction Project(0348-0046), Washington D.C.20503. Page 967 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 30 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) The School Board of Volusia County Florida Insurance Requirements Form Note: Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same contractor shall provide The School Board of Volusia County with certificates of insurance meeting the required insurance provisions prior to the service date. Requirement Insurance Type M Required Limits X 1 Workers' Compensation In accordance with Florida Statutes Chapter 440 and all Federal Government Statutory Limits and Requirements 1A Employers Liability Limit of$500,000.00 each Incident Commercial General $2,000,000.00 Single Limit per Occurrence with $2,000,000.00 X 2 Liability general aggregate. 2A Bodily Injury&Property Damage $1,000,000.00 Single Limit perOccurrence 3 Indemnification The Contractor/Vendor,in consideration of One Hundred Dollars($100.00),the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend The School Board of Volusia County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed there under. This provision shall also pertain to any claims brought against The School Board of Volusia County by an employee of the named Contractor/Vendor, any Subcontractor,or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in anyway by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of,or lack of,sufficient insurance protection. The first One Hundred Dollars($100.00)or money received on the contract price is considered as payment of this obligation by The School Board of Volusia County. X 4 Automobile Liability 4A Owned/Non- Owned/Hired Automobile $2,000,000.00 per Each Occurrence Included X 5 Professional Liability $1,000,000.00 per Each Occurrence 5A Errors and Omissions $1,000,000.00 per Each Occurrence 5B Builder's Risk $1,000,000.00 per Each Occurrence 6 Employee Crime $2,000,000.00 per Each Occurrence 7 Cyber Liability $5,000,000.00 Single Limit per Occurrence 8 Pollution Legal Liability $1,000,000.00 Each Incident,with $10,000,000.00 General Aggregate BIDDER'S AND INSURANCE AGENT STATEMENT: The School Board of Volusia County shall be named as the Certificate Holder on the Insurance Certificate.The School Board of Volusia County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability.The School Board of Volusia County desires proof of insurability at levels required for this bid. The'Certificate Holder'should read as follows: The School Board of Volusia County, Florida 200 N.Clara Ave Deland, FL 32720 We understand the insurance requirements contained in these specifications,and that the evidence of said insurance is required with response submittal. A current certificate of insurance is attached: YES NO Bidder Name: Bidder Title: Signature of Bidder Page 968 of 1906 BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018 3750 OLSON DRIVE PAGE 31 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES (% DISCOUNT) BIDDER'S CHECK LIST INSTRUCTIONS Bidder(s)shall indicate compliance with the Bid's submittal requirements by checking the appropriate box. Item Included (Initial Each) Reference page#'(s) Description 1 1 Signed Request for Invitation to Bid 2 VendorLink Online VendorLink Bid Response Form (Fill-in discount on VendorLink) 3 VendorLink Exhibit A: Bidder's Product Offering Sheet 4 15 Authorized Distributor Letter(s) 5 13, 17 Respondent's Experience/Qualifications and References Form 6 14, 18 Bidder's Statement of Principal Place of Business 7 13, 19 Debarment, Suspension, Ineligibility and Voluntary Exclusion Form Authentication of Bid and Statement of Non-Collusion and Non- Conflict of Interest 8 14, 20-22 Request for Approval of Proposed Purchasing Transaction Involving Possible Conflict of Interest Policy Regarding Employee Conflict of Interest in Purchasing 9 9 - 10, 14, 23 Addenda Acknowledgement Form Si ned Addendum s Acknowledgement if applicable) 10 4, 5, 13, 24 Drug-Free Workplace Certificate 11 2, 13, 25-26 Public Entity Crimes Form Certification Regarding Lobbying 12 2, 3, 8, 12-13, 27-29 Disclosure of Lobbying Activities Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities 13 5, 13, 30 Insurance Requirements Form Certificate of Insurance (Copy of Bidder's Current Policy) BIDDER'S SIGNATURE DATE TYPE OR PRINT COMPANY NAME Page 969 of 1906 BID NUMBER: CL-905KM THE SCHOOL DISTRICT O.F VOLUSIA COUNTY BID NAME:Teaching Aids, Equipment Supplies (%Discount) BOARD DATE: 11/7/201$ EFFECTIVE DATES: 1.2/01/2018- 11/30/2021 DEPARTMENT: DISTRICT WIDE USE BID SUMMARY SHEET } ESTIMATED TOTAL AWARD AMOUNT: As Needed a This notice of intended decision is to recommend award to the following vendors listed below. The award will establish approved vendors with firm percentage discounts from vendor's current catalogs) for the purchase of Teaching Aids, Equipment and Supplies for District wide use.. VENDORAWARD RECOMMENDATIONS: Percentage Vendor Name City,State Discount 33 ACE Educational Supplies Inc Davie, FL 33% * i Barnes&Noble Bookseller, Inc. New York, NY 20% Bedford, Freeman &Worth Publishing Group, LLC Hamilton, NJ 15% Bio Company Inc Alexandria, MN 5% Blick Art Materials LLC Highland Park, IL 2.0% Central Programs Inc.d/b/a Gumdrop Books Bethany, MO 40% Chiidren's Plus, Inc. Beecher, IL 30/0 Complete Book and Media Supply, LLC Cedar Park,TX 5% * . Coughlan Companies,11c iNorth Mankato, MN 5% Delaney Educational Enterprises Beecher, IL 3% Earlychildhood LLC Monterey, CA 20% Elite Business Strategies Tallahassee, FL 40% Fisher Science Education Hanover Park, IL 33% hand2mind, Inca Vernon Hills, IL 15% Heartland Payment Systems,LLC Wilmington, DE 5% Henry Schein Inc Melville, NY 18% HumanWare USA Inc Champlain., NY 13'0 Innovative Learning Concepts, Inc Colorado Springs, CO 1% Kagan Publishing San Clemente,CA 1% Kaplan Early Learning Company Lewisville, NC 17% Kay Park Recreation Corp. Janesville, IA 5% Koantum Inc. San Francisco,CA 10% Lakeshore Equipment Company Carson, CA 5% Mentoring Minds, L.P. Boston, MA 1-29% Music in Motion Plano,TX 1% National School Products Marysville,TN 7.5% Pacific Learning Cypress, CA 1% Palos Sports Inc Alsip, IL 10% Perma-Bound liacksonville, FL 1% Pyramid School Products ITampa, FL 10% * � Page i of 2 Page 970 of 1906 BID NUMBER: CL-905KM THE SCHOOL DISTRICT OF VOLUSIA COUNTY BID NAME:Teaching Aids, Equipment Supplies (% Discount) BOARD DATE: 11/7/207.8 EFFECTIVE DATES: 12/01/2018-11/30/2021 DEPARTMENT: DISTRICT WIDE USE Rainbow Book Company Crete, IL 3% Renaissance Learning, Inc. Wisconsin Rapids,WI 1% S&S Worldwide Colchester, CT 20% Saddleback Educational Publishing, Inc. Costa Mesa, CA 1% Scholastic Inc. Danbury, CT 25% School Health Corporation Hanover Park, IL 14% I School Nurse Supply, Inc. Schaumburg, IL 10% School Outfitters LLC Cincinnati, OH 2% School Specialty Norcross, DE 34% * j Shmoop University, Inc. Los Altos, CA 79% * Social Studies School Service Culver City, CA 10% * Super Duper Inc Greenville,SC 2% * I The Library Store, Inc. Tremont, IL 10% * The Prophet Corporation Owatonna, MN 10% * f VWR International LLC. West Henrietta, NY 33% * Wabash Valley Manufacturing, Inc. Silver Lake, IN sI"Ic . Woodburn Press LLC Dayton, OH * Recommended Acceptable.Percentage DiscountC. Bids Sent to:2,099 �p78 Bid Response Received From: 47 "No Bid" Responses Received From: 16 MAI 9 � Purchasing Department Approval: O/Jo 12 . i This tabulation is posted as public notice for 72 hours from 4:00 P.M.,Wednesday,October 10th,2018 until 4:00 P.M., Monday,October 15th,2018. Bidders are hereby notified that failure to file a protest within the time. prescribed in Section 120.57(3)Florida Statutes,or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida I Statues.Offers from the Vendors listed herein are the only offers received timely as of 2:00 P.M.,September 25th, 2018.All other offers submitted in response to this solicitation,if any, are hereby rejected as late. Page 2 of 2 Page 971 of 1906 School Beard of e County INVITATION I'ure}tasiltg Departepart ment 3750 Oison Drive PA41E 1 Of al Daylona Beach, Florida 32124 BID TITLE: TEACHING AIDS, EQUIPMENT BID NO., Cit��OS &SUPPLIES % f3IS00UNtT} - 1WI LE'Aft DATE: August 2A,2018 F.O.B.DESTINATION:RI=FER TO BID DETAILS FOR LOCATIONS Ticepublic Is Invited to attend the bid openingon: BUYER*KENDRA f RS,BUYER BID DUE DATE and TIME,, SEPTEMBER 28,2018 @ 2:00 P.M. KLNI IIECKSlrt VOLUSTAXI2,I;L.US Bill Submittal shall be electronically uploaded Into VendorkInit prior to the ITS Dill:DATE and TIME listed above. ITB OPEN INIG LOCATION, Purchasing Conferencs Room 3750 Olson Drive Workroom 4 Daytona Beach,Florida 32124 REQ RED SUBMi TALS CHECKLIST R Note:Submittal Is required for each box Checked for bid to be considered.. _Literature Specifications X Catalogs X Non-Collusion&Non-Conflict of Interest Pages 20-22 X Debarment Form Page 79 X Manufacturer's Certificate of Warratlty X List of References Page IT X Bid Response Form uendorLink X Drug-Free Workplace Certification Page 24 X Statement 4f Principal'Place of Business Form Page 18 X Digital Submittal Required X Certificate of insuraltcwa:See enclosed guidelines for detailed specifications Additional submittals s ectfic to this bid may also be re ulred:Seo solicitation for details PERIOD OF PERFORMANCE:DECEM13ER 1,2018 THRU NOVEMBER 30,2021 WITH Two OPTIONAL ONE-YEAR RENEWAL pERloDs THE ANTICIPATED DATE OF BOARD APPROVAL IS NOVEMBER 7,2018. BIDDER,MUST FILL IN THE INFORMATION LISTED 13ELO1IIt�}AND SIGN WHERE INDICATED FOR BID TO BE CONSIDEREt) Company Name: �R�� V k�i��1 l/ �rarV tJ et�a.!—( U x)+p5: Address �t(,l, ? �`�� n !°� '1�R rtJ r rnyer crty: t1 Gr�iGCS stats; '� ,� Zip Code 41& 9&'2... EMAIL: FAx: Ztar 0 3.fie-- signature of Owner or - Authofizaid OfficenrAgent:_ Typed Name of Above* ` 16&6LY�AV.< By my signature.t certify that this offer is made v�lhoul prior and erstandtrig,agreement,or connection with any corporation,firm,business entity,orperson submitting an offer for the same materials,supplies,equipment,or zervtce(s),and is to all respects Weir and without collusion or fraud.I further agree to abide by all conditions of this Invitation and certify that I am authorized by the Offeror to sign this response.In subrnitling an offer to the School Board of Votusla County.1,as the respondent,offer and agree that if the offer is accepted,the Offeror wall convey.sell,assign,or transfer to the School Berard of Volusla County all right,litta,and interest In and to all causes of action it may now or hereafter acquire under the Antl4n3st laws of the Wiled States and the State of Florida for prim Wag relating to the particular cemrnodlty(s)or servicaas(s)purchased cracquired by the Sehoel Board of Volusla County.At the School Board's discretion,such assignment shall be made and become effective at the time the Moot Board of Votusla County tenders'final payment to the Vendor.upon approval by Board the Information contained herein shall conslitute the contract between the hoard and Vendor.Per Purchasing Policy 702,Bidder(s)roust Initiate any protestof recommendation of award within 72 houfk afferposting ofthe bid tabulation Intoe Purchasing Department. NQ BID I HEREBY SUBMIT THIS ASA"IVO BID"FOR THE REASONS CHECKER BELOW: ❑ 1.Insutfic€ent lime.to respond ❑ 7.Addendum received too lata:to respond 2.Specifications were unclear or restrictive ❑ B.Could not meet insurance requirements ❑ 3.Could not meet bonding requirements D 8.We des not afferthe product orservice requested 0 4.Our schedule will riot permit us to respond ❑ 10.Remove our company name from this commodity Notion onIv. S.Terms t£Condtilons wem unclear or restrictive ❑ 11.Keep our company on the bid list for future bids 13 S.Could not meet specifications ❑ 12,.other Page 972 of 1906 / } ) > \ � } � }ƒ � Page 973 0 1906 Exhibit A Bidder's Product Offering Sheet Directions to all Bidders:Please indicate if you offer any of the following product categories as either a Primary,Secondary, or Not Applicable.Note:More than one category may be selected. Please Key 'X'into each category. Fill in 'Other'Categories only as necessary. a �. F nJ• � .ta'.#�.s CI Art Books / Reading/ Publishing Clinic/ Health Services Clothing/Textiles / Screenprinting Culinary Custodial /Janitorial Flags/ Banners Food /Snacks ESE Language Arts / ELA Laminators/ Film Math Music/ Band Outdoor P.E. / Physical Fitness Performing Arts/Theatre ROTC & Military Training Sciences Social Studies/ History STEM Study Guides/ Research Teacher Planning Resources Technology Toys/ Games Traffic Safety/ Driver Education Trophies/Awards VPK World Languages Writing/Technical Other: Other: Other: Pa e1of1 Page 974 of 1906 0 A� PlayPower 1w3pirinq Ilw, woricl tf-) pl,-Iy. March 12, 2018 To Whom It May Concern: Please let this letter serve notice that Jack Dzoba,, is an authorized representative of the Wabash Valley, Urbanscape and Green Valley product lines in the States of Florida, If you have any questions, please feel free to contact me at 1-800-253-8619. Respectfully, Leslie Brouyette Director of Sales WABASHVALLEY MFG., INC. HAGS' MY VPS WABASH VAttly Page 975 of 1906 .......... BID REQUEST NO.: CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE.- August 24,2018 3750 OLSON DRIVE PAGE 17 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT 8, SUPPLIES(% DISCOUNT) RESPONDENT'S EXPERIENCE/QUALIFICATIONS AND REFERENCES circumstances, a C Please provide written responses to the following questions-If the answer to any of the questions is'Yes",Vendor shall describe fully the reasons therefore,status,and ultimate disposition of each matter that is the subject of this inquiry. 1. Years in business under present name----3-7 Years performing work sped tv, 33 License or business tax receipt currently valid in force: -13 7( mm t <2t 2- Vendor's Representative F74- ?LF5AeF e-e-&-rt4,aA-rr 7 ,g,F4,t zVA2 Provide the following information for the person assigned to this contract Representative will assist in the overallcoord to include but not be limited to quoting projects and resolving issues with invoices,etc.: ination of services Name: 3`0, t DgIgSA9� to ---Phone 1-6 03-2 09 7 Cell#: 0 2 D9 7 Email: -3 KDZoRA Cc 4,t,41 k 3. Has Vendor been declared in default of any contract? Q Yes No 4. Has Vendor ever forfeited on any performance bond payment issued by a surety company on any contract? LI Yes No 5 Has an uncompleted contract been assigned by Vendors surety company on any payment of performance bond issued to Vendor arising from its failure to fully discharge all contractual obligations there under?El Yes Q No 6. Within the past three(3)years,has Vendor filed for reorganization,protection from credltqor dissolution under the bankruptcy statutes? Ll Yes 7 No 7. Is Vendor now the subject of any litigation in which an adverse decision might result in a material change in the respondent's financial position or future viability?. U Yes No 8, Is Vendor currently involved in any state of a fact-finding,negotiations or resistance to a merger,friendly acquisition or hostile take-over, either as a target or asa pursuer? 1:3 Yes VN0 9. References: Provide three references from agencies you have provided goods or services to in the past three(3)years, at least one reference should be a public-schoolsystem. Reference#I Organization Name:ARA1,J4. &CItIC ,4J 5 Contact Name.- C, 0(j C�- Telephone 6440-1/ �%J G- 4 —E-mail Address- E-,A6xJFfl« 66) ?.gK 1A Scope of Work Provided-, Project Dollar Valu .� � � Present Contract Status: �Q� Reference#2 Organization Name: VAti%vz-" 4 y Telephone#: Z 334(-W 76 Contact Name: lL r, M A-q�...E-mail Address- Scope of Work Provided: P(LO%) i Project Dollar Valu � �Present Contract Status: " Contract sates: 7 sj �" gip•` Reference#3 Organization Name,�AfL,*S OTIA Telephone#,- Contact Name 44(Z e E-mail Address: ro-wl't/ Scope of Work Provided-, A*"r- Project Dollar Valuel. Zj 9W-if-0 Present Contract Status: —CM-0b;r . Contract Dates: Page 976 of 1906 THE SCHOOL BOARD OF VOLUSIA COUNTY 3750 OLSON DRIVE BID REQUEST NO.:CL-90SKM DAYTONA BEACH, FL 32124 DATE: August 24,2€18 PAGE 18 OF 31 TEACHING AIDS,EQUIPMENT& SUPPLIES(%® DISCOUNT) BIDDER'S STATEMENT OF PRINCIPAL PLACE OF BUSINESS (To be cumPleted by each Bidder) Name of Bidder. Identify the state in whirA the Bid0l`h i Pri Pal Place of'business: - ru b,A,4.j4 Bidder's signature:j INaIRUZIUM, If your principal place of business above is located within the State of Florida, Provide the information as indicated above and return this form with your bid response. No further action is required. If Your Principal place of business is outside of the state of Florida,the following must be completed by an attorney and returned with your bid response. Failure to comply solicitation. shall be considered to be non-responsive to the terms of this OPINION OF OUT-OF-STATE BIDDER'S ATTORNEY ON BIDDING PREFERENCES (To be COMPleted by the Attorney for an out-of-State Bidder) NOTfM Section 287-084(2),Florida Statutes,Provides that"a Vndor whose principal ace of business outs any written bid,proposal,or reply documents with a written opinion of an attorney at lawPllicensed to Pia is ctice law idie this state must accompanyn that foreign state as to the Preferences,if any or none,granted by the law of that state[or Political subdivision thereog to its Own business entities whose principal places of business are in that foreign state in the letting of any or ail public contracts."See also:Section 287,084(l),Florida Statutes. LEGAL OPINION ABOUT STATE BIDDING PREFERENCES (Please Select one) The Siddees principal piece of business is in the State of preference in the letting of any or ail Public contracts to busentities ties�vhose P—and it is my legal OP'n_'On that the laws of that state do not grant a The Biddees,Principal Place Of business is in the State of t I rincipal Places of business are in thatstate, following Preferance(s)in the letting of any oral)public contracts to4iLdo�4 and it is MY legal opinion that the laws of that state grant the applicable preference and identify a business entities whose principal Places of business are in thatstate-[Please describe '7D42e_ applicable stalelaw(s)]: LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES (Please Select One) The Bidder's principal piece Of business is in the political subdivision of and it is MY lal that the laws of that poiaica; subdivision do not grant a Preference in the letting of any or all public contractsto—business entities whose principalegplacesopinion of business are in that political subdivision, —The Bidder's principal place of business is in the Political subdivision of —and it is my leal opinion that the laws of Po subdivision grant the following Preference(s)in the letting Of any Or ail public contracts to business entities whosegPrincipal Places of businessthat are liticalthat Political subdivision:[Please describe applicable preference(s)and identify applicable authority granting the Preference(s)]: Signature Of Out-of-state Biddesattomey: &f? Printed name Of Out-of-state Bidder's attorney, 11410o A,7 Address Of Out-Of-state Bidder's attorney, 15!1 r t 60 Telephone number of out-cf-state Bidder's attorney 30 S71- kfao Email address ofout-of-state Bidder's attorney: Atterney's,states of baradmission: C+ Page 977 of 1906 state bordering Indiana that does not provide a preference to its own businesses that is more favorable than is provided by Indiana law to Indiana businesses. Indiana Code, 5-22-15-20.5. Price preferences are provided by state agencies for supplies purchased from Indiana businesses as follows: 5.0% for a purchase expected to be less than$500,000, 3.0%® for a purchase expected to be at least$500,000 but less than $1,000,000, and 1.0% for a purchase expected to be at least 1,000,000. In addition to this price preference, if an Indiana business offers to provide supplies manufactured, assembled, or produced in Indiana and two or more bids are the same, the following price preference is available to the Indiana business: 3.0%for a purchase expected to be less than $500,000,2.0%for a purchase expected to be at least $500,000 but less than $1,000,000, and 1.0% for apurchase expected to be at least 1,000,000. For these preferences, an "Indiana business" is one whose principal place of business is in Indiana,one that pays a majority of its payroll to Indiana residents, one that employs a majority of Indiana residents, one that makes significant capital investments in Indiana, or one that has a "substantial positive economic impact on Indiana" as defined by criteria established by the Indiana department of administration. Businesses must take certain specified actions to claire these preferences. Indiana Code, 5-22-15-22. Whenever a purchasing agent purchases coal for use as fuel, the purchasing agent shall give an absolute preference to coal mined in Indiana except under circumstances in which federal law requires the use of low sulphur coal. Indiana Code, 5-22-15-23(a). Governmental body must give a 15% preference for supplies to Indiana small businesses(defined as independently owned and operated,not dominant in the field, and satisfying other criteria relating to size or veteran ownership). Indiana Reciprocal Preference Indiana Code, 4-13.6-6-2.5. The Indiana Department of Administration may adopt rules giving a preference in public works contracts to an Indiana business that submits a bid if an out-of-state business submits a bid and the out-of-state business is from a state that gives public works preferences unfavorable to Indiana businesses. The preference may not be more favorable to Indiana businesses than the other state's preference is to the other state's businesses. Page 978 of 1906 Attachment to Legal Opinion About Out-Of---State Bidding Preferences Indiana Executive Order No. 05-05 (January 10, 2005) established the "Buy Indiana" presumption as state policy. State procurement is subject to a "Buy Indiana" presumption requiring state agencies to buy their supplies and services from "Indiana businesses." The Department of Administration is required to undertake efforts to increase the percentage of state procurement from Indiana businesses to 90% of state's total procurement volume. The Department of Administration utilizes five guidelines for a company to qualify as an Indiana business: • one whose principal place of business is in Indiana; • one that pays a majority of its payroll to Indiana residents; • one that employs a majority of Indiana residents; • one that makes significant capital investments in Indiana;' or • one that has a "substantial positive economic impact on Indiana'." Bids are subject to Indiana Code 5-22-15-20.5. Requests for proposals and professional services use a revised scoring system for determining the award as follows: 40 points for management assessment/quality, 35 points for price, 5 points for "Buy Indiana Company," 5 points for Indiana Economic Impact, 5 points for Veteran's Business Enterprise, and 10 points for minority and/or women-owned business enterprise (MWBE) (five points each for women and minority participation).. Pursuant to Indiana Executive Order No. 13-04 (January 14, 2013) the Department of Administration is required to undertake efforts to increase contracting opportunities for Indiana veteran-owned businesses by setting a goal to procure 3.0%of state contracts with Indiana veteran- owned businesses. Program eligibility requires, among other things,that a business be an Indiana firm with its principal place of business located in Indiana. Relevant Code Sections are as follows: Indiana Code, 5-22-15-20.A governmental body,except the Indiana state lottery commission,may adopt rules to give preference to Indiana businesses submitting offers for purchase if an out-of- state business submits an offer and the out-of-state business is from a state that gives purchase preferences unfavorable to Indiana businesses. The rules may not give preference that is more favorable to Indiana business than the other state's preference to that same state's businesses. The rules must also provide that a contract must be awarded to lowest responsive and responsible offeror, regardless of these preferences, if the offeror is Indiana business or is a business from a I For purposes of this section a"significant capital investment" in Indiana shalt be no less than$5 million or more in plant and/or equipment or annual lease payments in Indiana of$2.5 million or more. 2 Is in the top 500 companies for number of employees,unemployment taxes,payroll withholding taxes, corporate income taxes,or other impact as determined by the Department of Administration. Page 979 of 1906 BID REQUEST NO.- CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24,2018 3750 OLSON DRIVE PAGE 19 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS, EQUIPMENT& SUPPLIES(% DISCOUNT) Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions This Gerlification is required by the Department of Education regulations iroplementing Executive Order 12549,Debarment and Suspension,34 CFR Part ff,for all lower tier transactions meeting the threshold and Herfequifoments stated at Section W 110. Instructions for Certification: 1. By signing and submitting this bid, the prospective tower tier 6- The prospective foviertierpailiciparit furtheragrees bysubmifting this participant is providing the certification sel out beloiw bid that It vAll include the clause filled "Certification Regarding Debarment,Suspension,Ineligibility.and Voluntary Exclusion-Lovmr 2. The certification in this douse is a material representation of fact Tier Covered Transactions,"without modification, In all tovmr tier upon VAfich reliance was placed when this transaction vias covered transactions and in all solicitations for lwuer tier covered entered into,lilt is later determined thatthe prospective lower Her transactions_ participantknovAngly rendered an erroneous certification, in addition to other remedies available to the Federal Government, 7. A participant in a covered transaction may rely upon a certification of the department or agency xvilh which this transaction originated a prospective participant in a lower tier covered transaction that it Is may pursue available remedies. Including suspension andlof not debarred,suspended,Ineligible,or voluntarily excluded from the debarment. covered transaction,unless itknows brat tine certification is erroneous. 3, The prospectiv a lower.11.er participant shall.provide immediate A participant may decide the method and frequency by which it determines tile eligibility of its principals.Each participant may,but is w4tten notice to the person to which this bid is submitted if at any not required to.ched<the Men-procurement test.. time the prospective lovier tier participant learns that its Certification was erforteous'lAen submitted or has become 8, Nothing contained in the foregoing shag be construed to require erroneous by reason of changed circumstances- establishment of a system of records in order to render in good Nth . the certification required by this clause. The knovitedge and 4. The tents 'covered transaction,' 'dobarrad "suspended: Information of a participant is not required to exceed that which is `Ineligible," `lower tier covered transactio�,- participant: normally possessed by a prudent person In the ordinary Course Of "person," "primary covered transaction," -principal: 'proposal," business dealings. and 'voluntarily excluded,' as used in this clause, have the mearilngs set out in the l3efinillons;and Coverage sections of rules 9. Except for transactions authorized under paragraph 5 of these Implementing Executive Order 12549. You may contact the instructions,if a participant in a covered transaction knowingly enters person to which this-proposal Is submitted for assistance In into a lovier tier covered transaction%%ilh a person Wio is suspended, obtaining a copy of those regulations. debarred,Ineligible,of voluntarily excluded from participation in this transaction,In addition to other remedies available to the Federal 5. The prospective lowertierparticipant agrees by submilling this bid Government, the department or agency with vAich this transaction that,should the proposed covered transaction he entered into,it originated may pursue available remedies. including suspension shall not knowingly enter Into any 1mver tier covered transaction andlordebarment. %Mth a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency vAth which this transaction originated, Certification (1) The prospective lower tier participant certifies,by submission of (2) Where the prospective lovver tier participant is unable to certify to this bid,that neither 4 nor its principals am presently debarred, any of the statements. in this certification, such prospective suspended,bid for debarment,declared ineligiblo,orvoluntarily participant shall attach an explanation to this bid_ excludedfrom participation in this transaction by any Federal department or agency. Name of Applicant PRIA%vard Number andfor Project Name Wit bkk do4tjOy AA-P6 Printed Name' Tile of Authorized Representative LPA 1 0 0 Sig lure rl lure E01810 OtOM M(RipTacis CS O9 REV.121881,which is obsolete Page 980 of 1906 THE SCHOOL BOARD OF VOLUSIA COUNTY BID REQUEST NO:CL-905Klt 3750 OLSON DRIVE DATE: August 24, 2018 DAYTONA BEACH, FL 32124 PAGE 20 OF 31 TFACHING AIDS, EQUIPMENT SUPPLIES(0%DISCOUNT) AUTHENTICATION DP BID AND STATEMENT ISDN-COLLUSIOOF j N ANIS NrN,CONF(�ICI"t 1NTRST I hereby certify: l- That I ant the vendor(if the vendor is an individual),a partner of the vender(if the vendor is a partnership)or an officer or employee of the bidding corporation having authority to sign ort its behalf(if the vendor is a corporation) 2. That the submitted quote covering Volusia County School District's ITS CL-905KM has arrived at the vendor independently, end has been submitted without collusion with, and without any agreement, understanding or Planned common course of action with any other vendor of materials,supplies,equipment or services described in the ]nvikatistn to Bid, tfesiWed to limit the independent bidding or competition as prohibited by provisions; or any attendant procurement regulations of the Volusia County School District. 3. That the contents of the bid have not been communicated by the Vendor or its employees or agents to any erson not an employee or agent of the Vendor and will opening of the bid. not be communicated to any such person prior to the official 4. That the Vendor is legally entitled to enter into the contract with the School District of Volusia County and is not in violation of any prohibited conflict of interest, including those prohibited or any procurement regulatirtn of the School District of Volusia County_ 5. That the vendor has fully disclosed with their response the name(s)of any officer,director,or agent who is orwas an employee of the School Board of Volusia County, Florida. S. In submitting the above, it is expressly agreed that upon proper acceptance by the School District of Volusia County of any or all items bid above,a contract shalt thereby be created with respect to the items in this raid being accepted. ". That I have fully informed myself regarding and affirm the accurac pricstatementsy of all statements in this bid, including the i READ CAREFULLY SIGN IN SPACE 8ELOW_FAILURE To SIGN INVALIDATES BID. SIGNED BY , TITLE ccnAfvY.NAII - f yr lZtTI=IPl IaNNO. 0 p zo ADDRESS D'tt DATE STATE A-) ZIP CODE / Page 981 of 1906 BID REQUEST NO.:CL-006KM THE SCHOOL BOARD OF VOWSIA COUNTY DATE: August 24,201 S 3750 OLSON DRIVE PAGE 22 OF 31 DA`f fONA BEACH, FL 32124 TEACHINO AIDS,EQUIPMENT SUPPLIES(% DISCOUNT) Tha School District of Volusla County Ph:: 386-947-8786 Purchasing&Warehouse Services Fax:.386-5064050 3750 Olson©rive Daytona Beach,FL 32124 POLICY REGARDING EMPLOYEE CONFLICT OF INTEREST IN PURCHASING pelinitlons Employee—any individual who is presently employed by the District or whole separation from the District occurred within two years of the date of the proposed transaction. Near Relative--spouse, child, parent, brother, sister, son-in-lav, daughter-in-law, fatter-in-law, mother-in-law, brother-in-law,sister-ire-law,and step relatives in the same relationship. Employee-Vendor Relationship---a relationship in which an employee, or near relative, acts as an independent contractor for the purpose of renting or selling goods or providing services to the District. F�cr. lice Conflict of Interest--The award hereunder is subject to the provisions of Chapter 112,Florida Statutes. All bidder(s) must disclose with their bid the name of any officer,director, or agent who is also an employee of the School Board of Volusia County, Florida. Furthermore, all bidder(s) must disclose the name of any Board Employee who owns directly or indirectly,any interest of five per cent(5%)or more of the total assets of capital stock in the binder's firm. (F.S.Chapter 112,Part ill.}--°No employee of an agency acting in his or her official capacity as a purchasing agent, vrpuhlic officer acting in his or her official capacily, shall.either directly orindirectly purchase,rent,or lease any really,goods,or services forms or her own agency frorn airy business entity of which the officer or employee or the officer's or employee's spouse or child is an officer,partner,director,or propriefor cr in which such officer or employee or the officer's or employee's spouse or child,or any combination of them,has a material interest. Nor shall a public officer or employee,acting in a private capacity,rent,lease,or sell any reafty,goon's,or services to the officers or employee's own agency,if he or she is a state officer or employee,or to any political subdivision or any agency thereof,if he or she is serving as an officer or employee of that political subdivision." Ethics in Purchasing---The provisions of School Board policy 425 regarding Vendor Relations shall apply regarding any compensation" or"gifts". Pursuant to Section 1-3 of the Volusia County School's Purchasing Manual, each transaction shall be handled objectively,without favoritism or discrimination,without seeking ordispensing personal favors and based on sound business judgment. EAD CAREFULLY-SIGN THE SPACE BELOW–FAILURE TO SIGN INVALIDATES BID SIGNED BY: TITt CCrMPA AhhjCr: ...__.._ -- _ TELEPHONE NO.--....2 *...,._ ADDRESS- . `rc DATE: - CITY: "... STATE: }I40 1 Page 982 of 1906 THE SCHOOL BOARD OF VOI-USLA COUNTY BID REQUEST NO,.CL-905KM 3750 OLSON DRIVE DATL:-.- Auguat 24,21)18 DAYTONA BEACH,FL 32124 PAGE 23 OF 31 TEACHING AIDS,EQUIPmlEm-r& SUPPLIES(0/.DISCOUNT) ADDERDA ACKNOWLEDGEMENT FORM It Is the sole reupon$jbffily of uachqlddor 10 ellsllrO that 311 WdOflda refeased completed and(hat all requirodsubmitfMg havebeen jrciuded. are received,'hat all JTB and addenda requirements have been The tindersigoed avk1jovile(Iges the re081151 Of MY Addenda.Includo 9 onof Addandum#i– -—Date issued: Signature – Attached to bid? Addendum#??*YS Date Lmod; Attached to bid? natwe Addendum l€3 Date 1swed: Attached to bid? Signature Addendum K�Date issued-, Attached to bld?—Y_N Nntwa Addendum W5–�Date Issued: 819flature Attached to bld?—Y —N Page 983 of 1906 THE SCHOOL BOARD OF VOLUSIA COUNTY 3750 OLSON DRIVE ITB NO.: CL-905KM FACILITIES—MAINTENANCE BUILDING DATE:September 5,2018 ()AY TNA BEACH, FLORIDA 32124 Page 2 of 2 ADa rumor a + J_TEACHING AIDS,EQUIPMENT& SUPPLIES(%DISCOUNT) 6. Question: The instruction appears to suggest a discount [On] each published product. However,the Exhibit A notes published,and unpublished discount is to be presented.Are you [the District] interested in product-specific pricing/discounts, or is a single percentage for all categoriesfpublications aii acceptable response's categories/publications The District is asking for a single percentage discount for all cafegoresfpubiicatla»s offered by the Bidder. This addendum to ITB number CL-905KM reaching Aids, Equipment& Supplies rl Discount) has been received and fully understood. Vendor- — Date: t 41?'C)1 Address: + .` a r J + ; sr UIL r� r q&9 zip Cod'o: Phone: .� Fax: Z G'c) signature: RETURN THIS ACKNOWLEDGEMENT WITH SEALED BID BY 2:00 PM 912512018. Volusia County school Board Purchasing Department 3750 Olson Drive Daytona Beach, FL 32124 i Page 984 of 1906 THE SCHOOL BOARD OF VOLUSIA COUNTY ITS NO.:CL-905KM 3750 OLSON DRIVE DATE:September 13,2018 FACILITIES-MAINTENANCE BUILDING Page 6 of 5 DAYTONA BEACH, FLORIDA 32124 ADDENDUM#2-TEACHIN T55S,E-QUIPMENT& SUPPLIES(% DISCOUNT) ADDENDUM ACKNOWLEDGEMENT This addendum to ITB number CL-906KM Teaching Aids, Equipment& Supplies /0 Discount) has been received and fully understood. (0 Vendor: 0,66ASL idife . -F6, 171 Date: 91 04/ 9 Address; 4-+ST- ^&,w -51, > Zip Code: C16 PcS Phone: a(�Z- Signature: RETURN THIS ACKNOWLEDGEMENT WITH SEALED BID BY 2:00 PM 9/25/2018, Volusla County School.Board Purchasing Department 3750 Olson Drive Daytona Beach, FL 32124 Page 985 of 1906 BID REQUEST NO..CL-905KM THE SCHOOL BOARD OF VO .USIA COUNTY DATE. August 24,2018 3760 0WON DRIVF PAGE;24 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS,EQUIPMENT& SUPPLIES(% DISCOUNT) DRUG-FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statue 287.087 hereby certifies that dA-t(et-V ivLt-F6. Name of Business Does: 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. 1 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, 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 contract a copy Of the Statement specffled In Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under contract, 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 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(6)days after such conviction. 6. 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 Paragraphs I thru 5. As the person authorized to sign this statemen , f certify that this firm complies fully with the above requirements, Signature of Authorized Officer Date Page 986 of 1906 DATE NO.:CL-905KM THE SCHOOL BOARD OF VOLUSIA COUNTY DATE., August 24, 2018 3750 OLSON DRIVE PAGE 25 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS,EQUIPMENT& SUPPLIES(% DISCOUNT) PUBLIC ENTITY CRIMES FORM SWE,MEWqDE, SRC110N 287.133(3)(A), EORNLORISTATDA LTATUNTTE 8,PUuRUC ENTrrY CRUmS THIS FORM MUST BE SIGNED IN THR pRESENCE OFA NOTARY PU13LIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. I. This sivonj stajejuent is. submitted with Bid, proposal or Contract 'No.C1 410,5W10A for :5�aL40f'f J�oAvLj�% 2. This sworn statentent is submitted,by -nent) whose business address is sc)5-g-"T-"AA�� 5j-- (Name of entity submiltingsworn statei and (if applicable)its Federal Employer ldcnti fication Number(13,131N) is It the entity has no FEIN, include the Social Security Number oftbe individual signing this sworn statement: . Nly name is e"A<W and any relationship to the L44skv'�&� (Please print name of individual signing) entity name above is 4 4. 1 understand that a"public entity crime,as defined in Paragraph 287.133(l)(g),EloridaStatutes,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,any bid or contract forgoods orservices to be provided to any-public entity Or anager[CY OrPolitical subdivision ofany other state or of the United States and involving antitrust,fraud,theft-,bribery, wnVirav,Or material nihsreprcscntation, S. 1 understand that"convicted"or"conviction"as defined in Paragraph 287.133(l)(b),fjqd&,Statutes,means a violation of guilt or R conviction of a public entity crinie,vitth at-without an adjudication of guilt, in any federal or state trial court of record-relating to rliargcs brought by i nd'ctmerlt or'"formatiOn after July 1,1989,as a result of ajury verdict,nonjtay trial, or entry Of a pIca of guilty or 11010 contendere, 6 1 understand that an"affiliate„as defined in Paragraph 287.133(l)(a),Florida Statutes means. a. A predecessor or successor of a person convicted of a public entity crime;or b. as entity tinder the control ofany natural person who is active in the management of the craily and xyho has been conviefed of a public entity crinic. The teem -affiliate" includes those officers,,directors, executives, partners, shareholders, employees,members,and agents who are active in the management ofan affiliate. The ownership by one person ofshares constituting a controlling interest in another person,or a pooling of equipirient or income aniong persons when not for fair market value under an arm's length agreement,shall boa prima facie case that one person controls another person. A person who knwivingly enters into ajoint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 inontlis shall be considered an affiliate. 7. 1 understand that a "person" as defined in 11'aragraph 287.133(i)(e),Florida Statutes,means any natural person or entity organized underthi-,laws of any state'or of the-Unitcd States with then legal power to enter into a binding contract and-syllich bids or applies to bid on contracts for the provision of goods or services let by a pubic entity,or which otherwise transacts or applies to transact business with a public entity. The term"person"includes these officers,directors,executives, partners, shareholders,employees,mem licrs,and agents ivbo are active in inanagement of an entity. Page 987 of 19061 THE SCBID REQUEST NO.:CL-90SKM HOOL BOARD OF VOLUSIA COUNTY DATE- August 24, 2018 3750 OLSON DRIVE 32124 DAYTONA BEACH, FL, PAGE 26 OF 31 TEACHING AIDS,EQUIPMENT& SUPPLIES(% DISCOUNT) 8, Based On i0forniation and belief tile statement which I have murkcd below is true in relation to the cutit sub litti this Worn stateluent. (Please indicate Whiah Statement applies.) y 0 �f—Neither the entity submitting this sworn statement, nor any Officers, UmPlOYces,members,or directors, executives, Partners, shareholders, agents who are active it,management of the entity,not any affiliate of the entity with and convicted of a public entity crime subsequent to July 1,1989, have been charged The entity subm itting this sworn statemen t'or one elllPloyfts,members,or agents Nyho,, Or more Of tile officers,directors,executives,Partners,shareholders, are active IN Management ofthe entity,or an affiliate f the entity has been charged vith indicate which additional statement applies,) and convicted of a public.entity crime subsequent to July 1, 1989,AND(Please indic 0 tY ed%, he person or affiliate jlag not been placed on the convicted contractor list- (Please describe an action taken by or pending with tile Department of General Services.) y Date: STATE OF COUNTY OF -APPEARED IN PERSON BEFORE My-(the undersigned authority),who is personally,kno-Am to line or provided the following identificationTY116 C C - Teand affixed his/her signature in the space provided above on this day of 20 117U NOTAKY PUBLIC My coirunission expires:-bp-e-. ?-C)l Z-6-2�- Michelle Peters, Notary Public COMM, Expires Dec, 20,2025 Resides in Wabash Ce IN COMM, Number 70864"0 Page 988 of 1906 BIC)REQUEST NO,:QL-90sKM THE SCHOOL BOARD OF VOLUSIA cOUNTy 3760 OLSON DRIVE UATE; AugUst24, 2018 DAYTONA BEACH,FL 32124 PAGE 27 OF 31 TEACHING AIDS,EQUIPMENT SUPPLIES(% DISCOUNT) CERTIFICATION REGARDINO LOBBYING Applicable to Grants,Su4i'Onts.Cooperative Agreements,and Contracts Exceeding$100,000 In Federal Funds, Submission of this cartliff0atIOR is 0 PrOrequisito for making or entering into U3, Code,This codification is a material representation this transaction and is imposed by s9coon 1352,Title 31, entered Into,Any person who fails to file he required of fact upon which reliance was placed when this transaction was made or more than$100,00o for each such failure, !red certification shall be subject to a civil WOKY of not less than$10,000 and not The undersigned cerlifies,to the best of his/her knowledge and belief,that, i, No Federal appropriated fonds have been paid or will be paid by or on behalf of the undersigned,to any person for Influencing or attempting to Influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, Of an OmPlOY88 of a Member of Congress in connection with the awarding of a Federal contract,the making of a Federal grant, the making of a Federal loan,the entering Into a cooperative agreement,and the extension,continuation,renewal, amendment,or modification of a Federal contract,grant,loan,or cooperativeagrearrient, 2 If any fonds other than Federal appropriated funds have been paid or will be pald to any person for Influencing or attempting to Influence an officeroremployee of any agency,a Mqmberof Congress, of a Member of Congress in connection with this Federal grant or coop an officer or employee of Congress,oran employee and subrelt Standard Form cooperative agreement,the undersigned shall complete -1-LL.'Disclosure Form to Report Lobbylngl,in accordance 1,lhh 118 1981ructions. The undersigned shall require.that the language Of this Godififation be included in the aviard documents for all covered sub- awards exceeding$ioowo in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly. 1j4 T 0 -1904F jF�Tt :57: Name/Address o Or anizatfon Narno Mile of 8 mitting Official '0 0 Dat S nat re, Page 989 of 1906 BID REOUEST NO- THE SCHOOL BOARD OF VOLUSIA COUNTY DATE: August 24, 2018CL-90SKM 3750 OLSON DRIVE PAGE 30 OF 31 DAYTONA BEACH, FL 32124 TEACHING AIDS,EQUIPMENT SUPPLIES(% DISCOUNT) The School Board Of VOlusla County Florida Insurance Requirements Form Note:Contractor shall insure Mat all subcof)traut=W81ply with the same insurance r0quireMOBts that he is required tit meet Tile same contractor shall provide The School Board of VolusiB County with Certificates Of insurance meeting the required instimnoo the service date. Provisions plior to EMIMment 21 Insurance Type —A— I Workers'Compensation In a0wrd9 nce with Florida Statutes Chapter 440 and all Federal Govern ity Limit of$500,000 ...1A Effliplo,ers Liabil _00 each Incident Commercilal General X 2 Liabili $2,000,000.00 Single Limit Per Occurrence with$2,000,000.00 enerat a re ate_ 2A Bodily Injury&Prepefty, 3 indemnification The Contractor/Vendor'in consideration of One Hundred Dollars(siomo),the receipt and sufficiency Of V411ch is accepted through the sigifirig.of this documord, shall hold harmless and defend The School Board ol'Volusl County and its agents and employees from all-suits and actions,including 'of litigation and of name and descriptionaarisfrig out of arindfdonial to the performance of this contract OTVVOrk Performed there under. This costs Ing altorney's fees and all Provision shall also pertain to any claims brought against The'Schnol Board of Volusla County by an employee Of the named Go Subcontractor,or anyone directly or indirectly.employed by any of them ntractorlVendor. any The GantractladVendor's obligarlon under this Provision shall otbeli it any tl -sufficient Insurance Protection. The first One Hundred by the agreed upon contract price as shown in d-As Contract or the ContratctorlVendoes limit of,or lack of. 0 M ed in ay Dollars($100-00)or money received on the contract Price is considered as payment of this obligation by The School Board of Volusla County- X 4 Autolnobile Liabilih, 4A UvrnedliVan- OwnedlHired Automobile $2,000,000,00 per Each Occurrence Included X 5 Professional 11jabil-.— $1,000.000.00 per Each Occurrence 5A Errors and Omissions $1.000,000.00 per Each Occurrence 5B Builders Risk --E�ee�Cjme 7 nce 8 Pollution Legal Liability $1,000,000.00 Each Incident,VAth$1 0,000,0W.00 General A— rerUate BIDDER'S AND INSURANCE AGENT STATEMENT: The School Board of Volusla County�Sttallbo named asthe cer ficale ti Holder on the Insurance Certificate.The School Board of VOlusiR County must be named as"ADDITIONAL INSURED on the insurance Certificate for Commercial General Liability.-rho School Board of Volus7ja County desire%proof of insurability at levels required for this bid. Tho'CedifIcato Holder'should read as follows; The School Board Of VolUsla County,Florida 200 N.Clare Ave Deland,FL 32720 We understand the insurance requirements contained in these specifications,and that the evidence of said insurance is required with response submittal. A current certificate of insurance is attarhed., YES NO 1 Biddor Name: r B�fdldet Tit! S1.9nature of Bidder Page 990 of 1906 CERTIFICATE OF LIABILITY INSURANCEI)ATEIIsaMaf2oft'Yyy) aslist2oia} THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE I70E8 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, IMP RTAN 1:If the Certificate holder is an.ADDITIONAL INSURED,the Policy(tes)must have ADDITIONAL INSURED provisions or be ondorsea.ifendorse SUBROGATION IS WAIVED,subject to the terms and conditions of the polley,certain policies may require an endorsement.A statement ole this certificate does not confer rights to the certificate holder in lieu of such endorsements}. PRObL10ERCOWACT a Aon Rist[ Services Central, Inc. NAME. ,® St. Louis Ido office fAIC.No.Est): (8155) 283-7122 .MSo.. (8ea3 363-OI05 m 8182 Niaryland Avenue E-MAIL a St LoUi5 Po 63105 USA ADDRESS a s INSURER{s)AFFORD€N+G COVERAGE MAIC 0 INSURED INSURER A: Pennsylvania rdanUfactUrerS' ASSoc Ins CO'12262 Wabash Vallev tianufacturinq, Inc. tfiMsuREite; Everest National Tnsur;a ce co 10120 50S East Main Street silver Lake IN 469$2 USA INSURERC Liberty Insurance corporatiDrt 424-04 INSURERD! -.. MURER E,. INrsUFtER E: COVERAGES CERTIFICATE NUMBER:570073073348 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 ER DCIGUA3ENT W€TH RESPECT To WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDEb BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 7(1 ALL THE TERFAS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOVVIrIII MAY HAVE T3E N REDUCED BY pAI[)CLAIMS. [Imps shoWrl are as requested t,TR 'TYPE OF9YSURAt,'CE m YND POLICY NUMER_. NAUDb Hl LIMfITS X CO61R4EReMAL,GENERALL1AaI13TY RC GL --171 EACH OCCURRENCE _. � $1,000,000 CLAIMS'MADE 1_IOCCUR - d7A L'r €r€€]i"a $300,008.. PREMAISES aoccunznce: VEDEXP(Anyrrnepemn) Excluded FERSONAL&AOv M.URY $11000,000' GENIAGGREGATE LIMIT APPLIES PER.. � GER ERALACsGREGATE $2,OOO,Oflfl. POLICY JE4. L:�LOC PRODUCTS-COI.P,*oPAGG $2'.,000,000 OTHER: -- - 0 0 A Aurot4oBILELU81LMTY AL 151704 0('52321 to a7/201710/D1/261B CaMralNEbSINGLE[Jiff18 Ilia acddenl $1,000,000 X ANYAUTO BODILY INJURY(Perpanan) O OWNED SCHEDULED AUTOS ONLY AUTOS. BOMNLYINJURY(pet aadldenQ G, X HODAUTOS X NON-OWNED P40PERTY€)AN.AGE ()?"Ly AUTOSONLY etacddesll C– X UMBRELLALIAB aC OCCUR T147691464580017 10161-12 11T 10/01/2 18 EACHOCCIJRREtmF 7 000,044 13 EXCEssl.lA 1 Ca_VOM—MADE AGGREGATE 51,000,000 DED' RETEIITION _ A WORKERS COMPENSATION %V2017800652i21 1-0/0 /2017'.....I.O 01-/2018 X STA UTE � EPAPLOYM=RS'tL4BB,aTY N ANY PROPRMETORIPARTNER I EXECdM' E Y OFFICER, EL EACH ACCIDErrT S1,S1.000.0007EE725rR EXCLUDED? NIA (ldandalory Irl l.'ti) - E.I..DMSEASE•EA.EUPLOYEE If as dascn7re uadar DESGRIPTIONDPOPERATIONS Uelanv E.L. EASE-'OLICYLIViT $1'000,040—....,. DESCRIPTION OF OPERATIONS I LOCATIONS I wwmes(ACORD 101,AdMilonal Roam-*s Schrdula,may he altachad it rmm space Is regvlrad) RE_ BID Request No. CL--9051(M. The School Chard of volusia county, Florida is included as Additional Insured in accordance IA th the policy Provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES RE CANCELLED HE.FORE THE EXPIRATION DATE THEREOF. NOTICE%`ALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIOPfS. -rhCo cou school Board of VolUsia AUTHOEDREPREsENTATBIE county, FloridaFloridaRIZ 200 N. Clara Ave. Deland FL 32720 USA 111986-2016 ACORD CORPORATION.All rights reserved. ACORD 26(2016103) The ACORD name and toga are registered marks ofACORD Page 991 of 1906 THE SCHOOL BOARD OF VoLUSjA COUNTY BID REQUEST NO.. CL-905KM 3760 OLSON DRIVE DATE, August 24,2018 DAYTONA BEACH, FL 32124PAGE 31 OF 31 TEACHING AIDS, EQUIPMENT SUPPLIES(% DISCOUNT) 13tDDERIS CHECK LIST INSTRUCTIONS Bidder(s)shall indicate Compliance with the Bid's submittal requirements by checking the appropriate box, Item Include (initial Each) Reference Page#18) Description Signed Request iiij�i ffation to Bid Vendorl-ink Online Vandorl-Ink Bid Response Form(Fill-in discount on Vendorl-ink Exhibit A, Bidder's Product Offerin Sheet 16 - Authorized Distributor Letter(s) 13, 17Respondent's Expo -I-Qualifications and References Form 14, 18 Bidder's Statement of Principal Place of Business 7 13, 19 Debarrrgent,Suspension, Ineligibility and VoluntaryExclusion orm Authentication of Bid and Statement of Non-Collusion and Non- 8. . 14.20-22 COnftiCt of interest Request for Approval of Proposed Purchasing Transaction Involving Possible.Conflict Of Interest Poli !tR:&iardlII,IIFrrrto)'IfTe�etConflict of interest in Purch 9-1Q 14,23; Addenda Acknowledgement img Formps� 10 Si ned Addendum 1 i 11 4 5, 13,24, Dru -Fre jjjl� lowled emen! ifs III 11 Plate Certificate -26 Public Entit)(Crimes Form Certification 12 RegardingLobbying 2.3, 8, 12-13,27-2tr Disclosure of Lobbying Activities Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities 13 5113,30 Insurance Requirements Form Certificate of Insurance(Copy of Bidder's Current Policy) 131D WS SIGNATURE 15A-'TE OIL"Ll OR) TYPE OR PRINT'COMPANY NAME.. W-1 Page 992 of 1906 2018 Florida Annual Resale Certificate for Sales a DR-18 0.1i THIS CERTIFICATE EXPIRES ON DECEMBER 31, 2018 R.10117 FLORIDA Business Name and Locatian Address Certificate Number WABASH VALLEY MANUFACTURING INC /8-8012400661-3 STATE RD 15 SILVER LAKE, |N4G982-0OOD By extending this certificate or the certificate number to a selling dealer to make eligible purchases of taxable property or services exempt from sales tax and discretionary sales surtax, the person or business named above certifies that the taxable property or services purchased or rented will be resold or re-rented for one or more nfthe following purposes: * Resale as tangible personal property. ^ Re-rental as tangible personal prop8rty. w Resale of services. • Re-rental aecommercial real property. • Incorporation into tangible personal property being repaired. * Re-rental omtransient rental property. • Incorporation aoamaterial, ingredient, urcomponent part Cftangible personal pr0pertvthat is being produced for sale bvrnanufmntuMng, umrnpounding, orprocessing. ' when Your F�'r�aAnnual Resale {]9�/��fefor 3a�oTax k\nnua| Resale {�ertifioateAG||nvvoyou mryour repreoen�diveutobuy orrent 9pope� exempt vv h the ' propertynreerviceisremo|dor re-rented. You may not use your Annual Resale Certificate to make tax-exempt purchases or rentals of property or services that will be used by your business or for personal purposes. Florida law provides for criminal and civil penalties for fraudulent use of an Annual Resale Certificate. As aseller, you must document each tax-exempt sale for resale using one ofthree nlethodn You can use a different method each time you make atax-exempt sale for�sa|8. - 1. Obtain a copy (paper or electronic) of your customer's current Annual Resale Certificate. 2. For each sale, obtain a transaction authorization number using your customer's Annual Resale Certificate number. 3. Each calendar year, obtain annual vendor authorization numbers for your regular customers using their Annual Resale Certificate numbers. Phone: 877-357-3725 and enter your customer's Annual Resale Certificate number Online: Visit mwm/*ufloridameVenue.corm. select "Businesses and Emnp|oyenS'' and th�m "Ver|fvF\o�aU� and Exemption Certificates" ' � Mobile App: Available for !Phone, iPad. Android devices, and Windows phones BUSINESS INFORMATION CONNIE LAWSON INDIANA SECRETARY OF STATE 09/24/2018 08:30 AM Business Name: WABASH VALLEY MANUFACTURING N Business ID: 198108-137 Entity Type: Domestic For-Profit Corporation Business Status: Active Creation bate: 08/06/1981 Inactive Date: Principal Office Address: 505 E.Main Street,Silver Lake,IN,46982, USA Expiration Date: Perpetual Jurisdiction of Formation: Indiana Business Entity Report Due 08/31/2019 Date: Years Due:. Title Name Address President Joe Copeland 505 E.Main Street,Silver Lake,IN,46982,USA Director Joe Copeland 505 E.Main Street,Silver Lake,IN,46982,USA Director David Simon 505 E.Main Street,Silver Lake,IN,46982,USA Director Brian Ramsay 505 E.Main Street,Silver Lake,IN,46982,USA Secretary Mike Pruss 505 E.Main Street,Silver Lake,IN,46982,USA Treasurer Mike Pruss 505 E.Main Street,Silver Lake,IN,46982,USA `slice President Mike Pruss 505 E.Main Street,Silver Lake,IN,46982,USA Type: Business Commercial Registered Agent Name: C T CORPORATION SYSTEM Address: 150 West Market Street,Suite 800,Indianapolis,IN,46204,USA Page 994 of 1906 7.C. Consent Bids and Purchases Over $100,000 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Approve the purchase of Victor Stanley Products for site furnishings for Betty Thomas Neighborhood Park and Wilson Park in the amount of$105,000. Victory Stanley is a sole source manufacturer with patented product lines. Explanation of Request: The purchase of Victor Stanley Products to will include; Picnic Tables, ADA Picnic Tables, Benches, Backless Benches, Center Post Tables and Trash Receptacles for Betty Thomas Neighborhood Park and Wilson Park. The site furnishings at these parks have met their useful life and are due to be replaced. The Victor Stanley line that is being recommended is made up of recycled plastic and metal. Selecting to use a recycled plastic line will be more sustainable as a City. Recommended Per Park Spend: 1. Betty Thomas Neighborhood Park- estimated amount$45,000.00 2. Wilson Park- estimated amount$60,000.00 How will this affect city programs or services? Replacing damaged and outdated site furnishings which have met useful life. Fiscal Impact: Budgeted in CIP FY20/21: $45,000- 303-4238-572.64-04 (RP2102) - Betty Thomas Neighborhood Park FY21/22: $60,000- 303-4113-572.63-05- Wilson Park Alternatives: Do not purchase Victor Stanley products and find alternatives. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Page 995 of 1906 Grant Amount: Contracts Vendor Name: Victor Stanley Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: Extension Explanation: Attachments: Type Description D Quotes Betty Thomas Neighborhood Park D Quotes Wilson Park D Sole Source Letter Victor Stanley Sole Source Letter D Other Sole-Single Source Justification Form Page 996 of 1906 VICTOR olk STANLEY SALES QUOTE P.O.Drawer 330,Dunkirk,MD 20754 Sales Quote No: SQ110005 1.800.368.2573(USA+Canada) TEL 801.855.8800 FAX 410.257.7579 Revision Number: 2 VICTORSTANLEY.COM Sales Quote Date: 06/04/21 Sell To: City of Boynton Beach Customer No: CO23356 Franky Lazo Phone No: 561-742-6000 3301 Quantum Blvd Contact Name: Franky Lazo Suite 101 Contact Phone No: 561-564-6821 Boynton Beach, FL 33426 Terms: Pending Associate: Rudy Worch Project Name: CITY OF BOYNTON BEACH Project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid Franky Lazo Shipping Method: FOB Factory 222 N.E.9th Ave Boynton Beach, FL 33425 This Quote is valid for 30 days. Estimated Lead Allow 6 to 8 (weeks) Time: for Production of your order, All credit determinations are made by our Credit Department. Comments: •Orders are released into production upon receipt of signed salestpurchase order,credit determination and(where applicable)deposit,payment bond,etc. `All products must be permanently affixed to the ground.Consult your local codes for regulations.Anchor bolts NOT provided. •Common Carrier unloading is the responsibility of the receiver. "While the vast majority of our components satisfy Buy America requirements,we must know if there are Buy America requirements before the order is placed. "It is the buyer's sole responsibility to inspect shipments at the time of delivery;any damage,loss,or shortage must be noted on the signed Proof of Delivery and reported to Victor Stanley within seven(7)days. 'This quote is valid for shipment within normal production time.No deferred shipping dates are accepted without prior written approval. "Benches,other seating and tables ship partially unassembled unless otherwise stated by Victor Stanley,Inc. "Victor Stanley uses common carriers.Any additional service or re-consignment charges added during shipment will be the sole responsibility of the Buyer. "These comments are intended to be par[of the terms and conditions of this sales quote. QTY Model No. Description Unit Cost Total Price 6 CM-565 GreenSites Series Table withTwo Benches 1,683.90 10,103.40 CM-565 Components with Surface Mount Tabs 6-Foot Bronze 2x4 Maple Recycled Plastic Slats 2 CM-565 GreenSites Series Table withTwo Benches 1,882.80 3,765.60 CM-565 Components with Surface Mount Tabs Wanyy1dor Stanley,Inc.produAs we o redby patents ndading but not smiled to l 0758.4315:D441.B32 R D45Z766 S D4W.166 S 0495.882 5:D983.538 S, D467,177 S;D487,537 5;6487,538 S;D444236 S,6476,4589;6478,454 5;D417,D53; 0,3N,64461;D355Z31;5,466,8(7;5,781747;V=.012:0376.837;638.3,615,6376271; D384,512;D523,263 S;D532,8205;D526,605 S:D5B5,793 5;D582,169 s;D578,792$ 0579,4815;0585220 5;0573,768 S;D573,7be 5;D553,421 5;0585,208 5;0585,144 S '..D579,e84 5;0578,783 S;0581,173 5;0581.1 8B$DMB80 S,0570,727 R.D578,685 S; '.06429@3 S:DSB107 S;059896 ,016 S;D6 ,D16 S;D590,670 S:D801,77D S,D602,221 S: D5K 2715;D585,973 S:D591.823 5;0407.229 S;DBOB.833 5:0584,042 5:D521.295 S. r. 1D7;08040;86150;88103;96108;110053;110954;117181;126714;126322; 124323;130714;130717;126317'126316;546120318;128320;124321;130852;130659; 4450715130714.Gaiwds Pasant§.184. .M®m Rea Dm 001871:28182. EC Reg- 5ea.000475570-0001;000503317.0001:0007826360001:DOOB61404- omarP.tenq Pestling. Page: 1 Page 997 of 1906 VICTOR STANLEY" SALES QUOTE P.O.Drawer 380,Dunkirk,MD 20754 Sales Quote No: SQ 110005 1.800.368.2573(USA+Canada) TEL 501.855.8800 FAX 410.257.7579 Revision Number: 2 VICT0RSTANLEY.00M Sales Quote Date: 06/04/21 Sell To: City of Boynton Beach Customer No: CO23356 Franky Lazo Phone No: 561-742-6000 3301 Quantum Blvd Contact Name: Franky Lazo Suite 101 Contact Phone No: 561-564-6821 Boynton Beach, FL 33426 Terms: Pending Associate: Rudy Worch Project Name: CITY OF BOYNTON BEACH Project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid Franky Lazo Shipping Method: FOB Factory 222 N.E. 9th Ave Boynton Beach, FL 33425 This Quote is valid for 30 days. Estimated Lead Allow 6 to 8 (weeks) Time: for Production of your order. All credit determinations are made by our Credit Department. QTY Model No. Description Unit Cost Total Price 8-Ft Extended Table,6-Ft Benches ADA Compliant Bronze 2x4 Maple Recycled Plastic Slats **ADA COMPLIANT** 11 CM-50 GreenSites Series Contoured Bench 1,283.40 14,117.40 CM-50 Components 6-Foot Bronze Surface Mount 2x4 Maple Recycled Plastic Slats End Armrests(Pair) 10 RTH-36 GreenSites Series 36-Gallon Litter Receptacle 1,163.70 11,637.00 RTH-36 Components Black Plastic Liner Bronze 2x3 Maple Recycled Plastic Slats DSS-213 Rain Bonnet Lid Lid-Bronze 1 Freight 5,075.00 5,07&00 .:.Many Victor Stanley.lrc.products we oovevea by Pere^b indudinq nut nol Omitad to .9,e1a1bWN: LMA Palen13 DI%4818:0441=S;NEZ769 s:D450.166 s DW,9a2 S.EIW.= Sub-Total: 44,698.40 D487,m S;0497,637 6;0487,636$6154,238 6;6476.465 S:0478.454 S;0417,953; 6,'.x9,944 B7;D385At;5,669,9N;5,781.047;OMB 01Z;D378,937;D383,615,D376,271; 0364,512[PM,2635:M32.eMS;D5M 8055;06857936;058x,169 S;0576,792 S; Total Sales Tax: 0.00 579 0 ,094 S;0.r 6=S;0573,766 S;D578,768 S,Da.B21 S;D5m,209 a;0689,144$ 0579,684 5:0578.763 s;0$87,179 5:0.561.188311563,889 6:0579,2x7 S.D579,6B5 5; 0542,993 S;p681,987 S;0505,916 S;0695,916$6699,679 6;D601,770 6;0892,221 S; Total: 44,69$.40 D606.2715;D595,973 8;D601.8233 D607,229 5:D609.933 6:D6WOM S;D821 295 S. Gened4001DI;98040;96169;98103;98198;111953;119964;117161;128714;126322: 1Ze=;130714;130717;128317 12831B 120319'120=;12MI;13D=DOM All figures are in US Dollars 130715:130716 Carrie Patert 11,184,94.e4erim Reg 0aa 091671;28182. EiC I2e9.0w.00017557'&0091;900'-D3247-0901 DM7B28.9&09111;0099011(1. omen P.eana$r.PaMMg. Page: 2 Please review our Standard Terms of Production on proceeding pages Page 998 of 1906 7/21/2021 CM-565 I Victor Stanley I Site Furniture INSTALLATIONS LEARNING CONTACT US SEARCH DELAY MY ACCOUNT ABOUT US SITE FURNISHINGS VICTOR of� S T A N L E YCreate a timeless momenta LITTER RECEPTACLES RECYCLING STATIONS BENCHES PLANTERS BIKE RACKS & BOLLARDS TABLES SEATS i CM - 5 65 r �4r DETAILS IMAGES DOCUMENTS Portable table with two benches included.Manufactured with graceful,boldly-curved steel legs,creating an attractive seating surface that offers comfortable knee clearance and unparalleled durability.The seats and table top are made of recycled plastic extruded domestically in our facility and supported underneath by fully welded steel frames.Available with an extended tabletop option for ADA clearance on either end.Integral welded curved surface- mount tabs provide easy installation. 6 or 8 ft(1.8 or 2.4 m)length.ADA Compliance:Pair table in extended 8 ft(2.4 m)length with 6 ft(1.8 m)benches. https:/Ivictorstanley.com/pmducVcm-565/ Page 999 of W6 7121/2021 CM-565 I Victor Stanley I Site Furniture STANDARD All fabricated metal components are steel shotblasted,etched,phosphatized,preheated and electrostatically powder- coated with TGIC polyester powder coatings. OPTIONS Maple,cherry,walnut or gray recycled plastic slats. Skateboard guards(US Patent D647,729 S). PRINT SAVE SHARE MATERIAL Recycled Plastic Tubular Steel MOUNT Freestanding Surface COLORS Standard Optional RAL 'rral!"" a SLATS Recycled Plastic A,1s nil I RE '� https:llvictorstanley.com/product/cm-565/ Page 1000 of '9906 7/21/2021 CM-50 I Victor Stanley I Site Furniture INSTALLATIONS LEARNING CONTACT US SEARCH RELAY MY ACCOUNT ABOUT US SITE FURNISHINGS VICTOR *#� STANLEY* Create a timeless moment.* LITTER RECEPTACLES RECYCLING STATIONS BENCHES PLANTERS BIKE RACKS & BOLLARDS TABLES SEATS „ ,. A. - 50 a Www x, 1�' n i � a GREENSITES COLLECTIO DETAILS IMAGES DOCUMENTS Four tubular steel frames protect against wear while offering distinctive style with clean lines. 4,b or 8 ft(l.2, 1.8 or 2.4 m)lengths. Recycled plastic slats.US Patent D585,209 S. STANDARD https://victorstanlay.coWproduct/cm-501 Page 1001 of1�6906 7/21/2021 CM-50 I Victor Stanley I Site Furniture All fabricated metal components are steel shotblasted,etched,phosphatized,preheated and electrostatically powder- coated with TGIC polyester powder coatings. OPTIONS Maple,cherry,walnut or gray recycled plastic slats.Personalized slat engraving is available. Surface mount.In- ground mount.Armrests. Skateboard guards(US Patent D647,729 S). pp'Wr SAVE SHARE MATERIAL Recycled Plastic Tibular Steel MOUNT In-Ground Surface COLORS Standard Optional ry IM Sit RAL A�1 SLATS Recycled Plastic hVs://victorstanley.conVproduct/cm-501 Page 1002 of 1@06 7/21/2021 RTH-36 I Victor Stanley I Site Furniture INSTALLATIONS LEARNING CONTACT US SEARCH RELAY My ABOUT US SITE FURNISHINGS V I C T O0*1 S TAN LEY Create a tfineleSS moment.0 LITTER RECEPTACLES RECYCLING STATIONS BENCHES PLANTERS BIKE RACKS & BOLLARDS TABLES SEATS I GREENSITES COLLECTION DETAILS IMAGES DOCUMENTS Designed to maximize the relationship of the tubular steel elements of the fully welded frames with the colors and textures of the standard recycled slats.Design choices for every decor.Nominal 2 x 3 (38 x 63 mm)recycled slats in a cylindrical configuration. Standard tapered formed lid. STANDARD https://victorstanley.com/productlrth-361 Page 1003 of4906 7/21/2021 RTH-36 I Victor Stanley I Site Furniture All fabricated metal components are steel shotblasted,etched,phosphatized,preheated and electrostatically powder- coated with TGIC polyester powder coatings. Other standard features include a formed lid attached to the frame with two vinyl-coated steel aircraft cables,a high- density plastic liner,and rubber-tipped leveling feet on the base. Interior plastic liners for our litter receptacles offer substantial value and are produced on molds that we designed and own.These plastic cans are reinforced,ribbed,and molded for durability,ease of use,and greater capacity. OPTIONS Maple,cherry,walnut or gray recycled plastic slats.Rain bonnet lid(ashtrays available).Dome lid(ashtrays available).Convex lid(self-close door available).Spherical dome lid.Recycle lids.Galvanized steel liner(powder coat available).Half-Moon liners. PRINT SAVE SHARE CAPACITY 36 gal(136 L) COLORS Standard Optional _ 11111 RAL } 'Ti SLATS LIDS Recycled Plastic no https:llvictorstantey.com/product/M-361 Page 1004 of M06 r VICTOR 3a i STANLEY" SALES QUOTE P.O.Drawer 330,Dunkirk,MD 20754 Sales Quote No; SQ109935 1.800.368.2573(USA+Canada) TEL 301.855.8300 FAX 410.257.7579 Revision Number: 0 VICT0RSTAN1.FV.C:OM Sales Quote Date: 01/13/21 Sell To: City of Boynton Beach Customer No: CO23356 Franky Lazo Phone No: 561-742-6000 3301 Quantum Blvd Contact Name: Suite 101 Contact Phone No: Boynton Beach, FL 33426 Terms: Pending Associate: Rudy Worch Project Name: CITY OF BOYNTON BEACH Project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid 222 N.E.9th Ave Shipping Method: FOB Factory Boynton Beach, FL 33425 This Quote is valid for 30 days. Estimated Lead Allow 6 to 8 (weeks) Time: for Production of your order. All credit determinations are made by our Credit Department. Comments: •Orders are released into production upon receipt of signed sales/purchase order,credit determination and(where applicable)deposit,payment bond,etc. •All products must be permanently affixed to the ground.Consult your local codes for regulations.Anchor bolts NOT provided. •Common Carrier unloading is the responsibility of the receiver. •While the vast majority of our components satisfy Buy America requirements,we must know if there are Buy America requirements before the order is placed. 'It is the buyer's sole responsibility to inspect shipments at the time of delivery;any damage,loss,or shortage must be noted on the signed Proof of Delivery and reported to Victor Stanley within seven(7)days. •This quote is valid for shipment within normal production time.No deferred shipping dates are accepted without prior written approval. •Benches,other seating and tables ship partially unassembled unless otherwise stated by Victor Stanley,Inc. 'Victor Stanley uses common carriers.Any additional service or re-consignment charges added during shipment will be the sole responsibility of the Buyer, 'These comments are intended to be part of the terms and conditions of this sales quote. QTY Model No. Description Unit Cost Total Price 1 ST-5 Homestead Series Portable Table with Seats 1,547.00 1,547.00 ST-5 Components 6-FT Bronze w/2x4 Maple 2nd Site Systems Slats w/Uncoated Stainless Steel Bars 1 ST-5 Homestead Series Portable Table with Seats 2,539,00 2,539,00 ST-5 Components 8-Foot tram Ylda Sb"". n pmd,m m covered by patcnla irKlAnp but ra Wited to ele ro9arhg: t76a J77 r: D4 r37 s:6541.$02 S.9452,79 5:046W,61608:476,4682$417.0538 S; 9487,177 S;DIST.23; AW,2 aB 5;6164236 6•,0472,MS;647;D3 ,6 6117,053; 8,338,84461;0.4852:11;5¢80,867;5,791.047:6388,012,9378.937;D?.&4,61511]74271; D364,51x DS23,263 5;DS32,820$9578,805 S:6585,793 S-D582,169 S;D578,7925 6578,0946:65862286; 7886;D575,7883,6553,5218;D555,2698;9588,1945; 9579,884 S:9576,783 S;9581,1795;6581,188 S 9583,889 S'6579227 5;6579,6853: D54y983 S:968/.987 6;9585,975 s;6595,915>a 0588,570 S'9801,779 5:6892221 S; 6608,271 6:D595,979 S;D681,R3 5:MU229 5:0609.833 5:D5K0825:D521.285 S. Ca6addg1D816I;9504,,08159;081D3;98108;110953;110854;117181;126714;128322; 12th;136714;150717;1283171 12831B 126319;128319;126321 190652;19089; 136715;136718.6erwla Patient 2,1B4,34g.UeAd q Dix 061a71:78192. EC r4g.6m.000475678.9001;OOO.i03287-=1;MOR0782&3&0001;000881461. OBrar Y Pontlxrp. Page: 1 Page 1005 of 1906 VICTOR 011,, STANLEY SALES QUOTE P.O.Drawer 330,Dunkirk,MD 20754 Sales Quote No: SQ109935 1.800.868.2573(USA+Canada) TEL 301.855.8300 FAX 410.257.7579 Revision Number: 0 VICT0RSTANLEY.00M Sales Quote Date: 01/13/21 Sell To: City of Boynton Beach Customer No: CO23356 Franky Lazo Picone No: 561-742-6000 3301 Quantum Blvd Contact Name: Contact Phone No: Suite 101 Boynton Beach, FL 33426 Terms: Pending Associate: Rudy Worch project Name: CITY OF BOYNTON BEACH project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid 222 N.E.9th Ave Shipping Method: FOB Factory Boynton Beach,FL 33425 This Quote is valid for 30 days. Estimated Lead Allow 6 to_t._(weeks) Time: for Production of your order. All credit determinations are made by our Credit Department. QTY Model No. Description Unit Cost Total Price Bronze w/2x4 Walnut 2nd Site Systems Slats w/Uncoated Stainless Steel Bars Surface Mount Tabs 1 ST-5 Homestead Series Portable Table with Seats 2,420.00 2,420.00 ST-5 Components 8-Ft Extended Table,6-Ft Benches Bronze wl2x4 Maple 2nd Site Systems Slats w/Uncoated Stainless Steel Bars **ADA COMPLIANT" 1 MODEL2 Homestead Series Bench 1,319.00 1,319.00 Model 2 Components 6-FT Bronze Surface Mount 6 each 2x4 Maple 2nd Site Systems Slats wlUncoated Stainless Steel Bars End Steel Armrests wl Matching Trim 1 MODEL2 Homestead Series Bench 1,694.00 1,694.00 Model 2 Components ,A.M V,efn stwer.im.pro&v4s w-wmred by pai n%indudm0 W rM hT&A io UM paom D4K4315:0441,93Z 5:D462,7a0 5;6450.196 5:D445,9MS:0461593 5; DW t17 6:DW,637 6:D467,5a6S:0464,i8 R.0476,453 6:0470.454 5:0417.06a; 0,999,04467•8 Stb52,6mSS koo�s�DS9 703SP®:tW9;D57SS.7T96Sr, D579,512;D�Z3. 5:0573,766 S;D573,709 5;0553.621 b;D&*,W85:D560.744 5; 0578,084 5;0365120 D5M'6M S 0373,7945;D5B1.173 6;6;D5B1 166 S 0561688 5:1737B2275;DWS; 0542,083 S:0561937 6;p6B6,015 0505.8,66;0699,670a.0801,7!06;p602221Z221 6; p606,277 5:03.55 .:egg.gZ15:ga07,228 5:0600.993 3 0 91;12 S:4;126 55. 6 06101;00D4q 86160;-iRii 06106;110953;It0054;717181;128714;729bT 12=3;130714;190717:120317'Y20576:1 VAod:1261,0'120921'180652;130053: 130715:190716.G�.ds P.lent x,164, MnaooRwt des.aolFh1:28/82. 6e 0�0004755T541001000.r-A029l-0001;0007BZ63 4)01:000801404. Page: 2 omr Page 1006 of 1906 VICTOR0*1 STANLEY" SALES QUOTE P.O.Drawer 830,Dunkirk,MD 20754 Sales Quote No: SQ109935 t.800.368.2573(USA+Canada) TEL 301.855.8800 FAX 410.257.7579 Revision Number: 0 V I C T O R S TA N L E Y.C O M Sales Quote Date: 01/13/21 Sell To: City of Boynton Beach Customer No: CO23356 Franky Lazo Phone No: 561-742-6000 3301 Quantum Blvd Contact Name: Suite 101 Contact Phone No: Boynton Beach, FL 33426 Terms: Pending Associate: Rudy Worch Project Name: CITY OF BOYNTON BEACH Project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid 222 N.E.9th Ave Shipping Method: FOB Factory Boynton Beach, FL 33425 This Quote is valid for 30 days. Estimated Lead Allow 6 to 8 (weeks) Time: for production of your order. All credit determinations are made by our Credit Department. QTY Model No. Description Unit Cost Total Price - 8-Foot Bronze Surface Mount 6 each 2x4 Maple 2nd Site Systems Slats wlUncoated Stainless Steel Bars wlCenter Leg End Steel Armrests wl Matching Trim 1 MODEL4 Homestead Series Backless Bench 815.00 Model 4 Components 815.00 6-FT Bronze Surface Mount 4 each 2x4 Maple 2nd Site Systems Slats wlUncoated Stainless Steel Bars 1 MODEL4 Homestead Series Backless Bench 1,248.00 Model 4 Components 1,248.00 8-Foot Bronze Surface Mount 4 each 2x4 Gray 2nd Site Systems Slats wlUncoated Stainless Steel Bars taany_ywim Sta d .Inc.9mduoft we wvemd b1 Mk4ft nds irW bW no,6nRed to %the Tav^* PJMHftV 1458,4315;D441.EW R D45Z780 R.D450,168 5;D745,982 5;0493438 S; D4 .rU S;64WX't 6;0987,508 6;0459236 6:0978.466 6;6976,454 6;0417,953; 6,3 ,999 B1;03631;5.66,901:5.791.647;D366.01Z D776.937;D363.615d73T 1; 0380.512:p523,763 S;4537,fi7BS DS?fi,805 S;05Bfi,7P35;D502,169 S;D576,7{Q S` 057&984 5:0565110 S;0573.766 5;0573.769 6;[1553,8215:D585,209 5;Dfi66,144 5; D579.899 S:D579,78:35:0561,173 5;0,81,'188$6569,668 5-6519 27 5;0579,685 S: D54Z993 S:D561,96T 6;DWS,915 6;D6WM0 6;6598,570 S.6601.770 S;DBOZ2216; 0606.271 S;DS96,973 S:D601.M S;067,229 5;667.933 5:0364062 5;0621.295 S. CeeadloMl01;96049;96167:0B t03:98106:11768;110054:117161;126714;126372 126929;13714;190717;126317'126316;126379,126320;126321'180662;180658; 13715;13716.Ca�sda velsan§.1Bd, 11e1dw Rao 0eaL001&`!1;28182- SLRa9.6a 0004756764]001:0005032874001:D0782638-0001;90096t40S. Pmosgsp9.Fe Page: 3 Page 1007 of 1906 VICTOR 01 STANLEY" SALES QUOTE P.O.Drawer 330,Dunk;rk,MD 20754 Sales Quote No: SQ109935 1.800.368.2573(USA+Canada) TEL 801.855.8800 FAX 410.257.7579 Revision Number: 0 VICT0RSTANLEY.00M Sales Quote Bate: 01113121 Sell To: City of Boynton Beach Customer No: 0023356 Franky Lazo Phone No: 561-742-6000 3301 Quantum Blvd Contact Name: Contact Phone No: Suite 101 Boynton Beach, FL 33426 Terms: Pending Associate: Rudy Worch Project Name: CITY OF BOYNTON BEACH Project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid 222 N.E.9th Ave Shipping Method: FOB Factory Boynton Beach, FL 33425 BOy This Quote is valid for 30 days. Estimated Lead Allow 6 to B (weeks) Time: for Production of your order. All credit determinations are made by our Credit Department. QTY Model No. Description Unit Cost Total Price 1 CP-2 Homestead Series Center-Post Table 21324.00 2,324.00 CP-2 Components Two-Seat 3-Foot Square Bronze Surface Mount w12x4 Maple 2nd Site Systems Slats wlUncoated Stainless Steel Bars Checkerboard 1 CP-2 Homestead Series Center-Post Table 2,573.00 2,573.00 CP-2 Components Two-Seat 4-Foot Square Bronze Surface Mount w12x4 Maple 2nd Site Systems Slats w/Uncoated Stainless Steel Bars Checkerboard CP-3 Homestead Series Center-Post Table 2,728.00 2,728.00 CP-3 Components Three-Seat 3-Foot Square Mary v'4�Sbn9Y.IM araduds are__v dby patents ir.&dn8 but nal finitedto th.LMA p D4WA3t S D441.932 S D452.7W s:D450.188 s:0445.9M S;6181.538 S D497,t771%D487M7 5;0487.698 6;D+64X8 S;D470,465 6:0476,454 6;0417JW; p3en'57x�263s:b532Al5j5TO b5688D7S�,ff3s;DS,160S;D578,792 09 UM S DW22D S.DW3,766 S;D673,796 S:D553A21 S;05952095;058%$44%; D579,694 S;0579.787 S:D501,173 W.0591.150 a DSaffls 5"0570717 S;0579,995 5: D54ZWS 5:D581,667 S;D505,9165 0895.918 a 6590,676 8:DW17M S D04221 6; � 12D5 S. 101-ygp p gel .9�9t 3: 96:1111 DW 22g 063;110064-51177169110126714;126.42; 12682;4;130714196717;126317'126315'126318;12�;126321:136652:196658; 1307R15Q:t3ff�14s.rand.Va6ent§.19d.7A�.IMrum�'M 281 01 OUrsr F'�nK'k PoirQ 13287-0001. Page: 4 Page 1008 of 1906 VICT ® R *#' STANLEYO SALES QUOTE P.O.Drawer 830,Dunkirk,MD 20754 Sales Quote No: SQ109935 1.800.368.2573(USA+Canada) TEL 301.855.8300 FAX 410.257.7579 Revision Dumber: 0 VICTORSTANLEV.00M Sales Quote Date: 01/13/21 Sell To: City of Boynton Beach Customer No: CO23356 Franky Lazo Phone No: 561-742-6000 3301 Quantum Blvd Contact Name: Suite 101 Contact Phone No: Boynton Beach, FL 33426 Terms: Pending Associate: Rudy Worch Project Name: CITY OF BOYNTON BEACH Project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid 222 N.E.9th Ave Shipping Method: FOB Factory Boynton Beach, FL 33425 This Quote is valid for 30 days. Estimated Lead Allow 6 to_L_(weeks) Time: for Production of your order. All credit determinations are made by our Credit Department, QTY Model No. Description Unit Cost Total Price BrORZE Surface Mount w12x4 Maple 2nd Site Systems Slats w/Uncoated Stainless Steel Bars Checkerboard 1 CP-3 Homestead Series Center-Post Table 2,982.00 2,982.00 CP-3 Components Three-Seat 4-Foot Square Bronze Surface Mount w/2x4 Maple 2nd Site Systems Slats w/Uncoated Stainless Steel Bars Checkerboard 1 CP-4 Homestead Series Center-Post Table 3,133.00 CP-4 Components 3,133.00 Four-Seat 3-Foot Square Bronze Surface Mount w/2x4 Maple 2nd Site Systems Slats w/Uncoated Stainless Steel Bars KUny V.icr St"&y.1.-r�,d8 covered 6y pal is:d�np cul rot imiEee to 5�eToaowiq: USA Palm 4456,431 S 4941.832 S 4452.780 S:4950.156 S;4945,982 5:4483,538 S, 4w98ie71 5949 s4t5e5 446 5 38 6;4476.465 4475,454 4417,653; 538,701;0231;55 .9M.5.791JN7;D85A72;a7693;439,d15p3T67 1; 1i° 6� �s'80ea3aS aua; D573768D5737S;D55 ° s; 4579,889 S;4578.7898;4581,1795;EESI.lB8$D553,BEB 5'457132275;D579,BBSS; D542BB".s S;4881,967 S;4585,9155:0695.9155;0589,670 5:I750i 7705;40022215; DW 2715;U586.M s:D501.B23 5;DW7229 s;D60BA335�D566.66Z S:0621.295 S. Camds67 l01;96040',98150;08103;98108:110763;110064:117161;129714;126322; f30i15;13 MB- 7rsldePiridT11.1N44,11 L%,a,d—R.W4a�0MR 1 130M 130553: &.Fb0.0n.0004 1;a00L-032ff7-0001;000782'S3B-0001;900954909. PPee�trnnygys�Y Page: 5 Page 1009 of 1906 VICTOR1#1 STANLEY" SALES QUOTE P.O.Drawer 390,Dunkirk,MD 20754 Sales Quote No: SQ109935 1.800.368,2573(LISA+Canada) TEL 301.855.8300 FAX 410.257.7579 Revision Number: 0 VICT0RSTANLEY.00M Sales Quote Date: 01/13/21 Sell To: City of Boynton Beach Customer No: CO23356 Franky Lazo Phone No: 561-742-6000 3301 Quantum Blvd Contact Name: Suite 101 Contact Phone No: Boynton Beach, FL 33426 Terms: Pending Associate: Rudy Worch Project Name: CITY OF BOYNTON BEACH Project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid 222 N.E.9th Ave Shipping Method: FOB Factory Boynton Beach, FL 33425 s.30 da This Quote is valid for y Estimated lead Allow 6 to-L_(weeks) Time: for Production of your order. All credit determinations are made by our Credit Department. QTY Model No. Description Unit Cost Total Price Checkerboard 1 Cp-4 Homestead Series Center-Past Table 3,487.00 3,487.00 CP-4 Components Four-Seat 4-Foot Square Bronze Surface Mount w12x4 Maple 2nd Site Systems Slats w/Uncoated Stainless Steel Bars Checkerboard 1 IP-2 Homestead Series Independent-Post Table 2,324.00 2,324.00 IP-2 Components Two-Seat 3-Foot Square Bronze Surface Mount w12x4 Maple 2nd Site Systems Slats wiUncoated Stainless Steel Bars Checkerboard 1 IP-2 Homestead Series Independent-Post Table 2,573.00 2,573.00 IP-2 Components Two-Seat l,Asy Ytetx Stanley.Inc.producle me m and by PmkSa t5wkA59 W not bT dad to �pder�4458331; 4U,,F, 32 S:D457.7B0 5:4M4656 S:4945.9525:0463.535 5; 4457,177 6;p487,537 5:4467.538 S.P459�186i p47$,456 S;4476,451 S:4417593; 6.338,944 d1,4963.271'656,907;5,791547'4386512;4376.837;D3B.9,616p37GX1; 4394'5171!523,763 S:6632627&1M26.6 gS:4585;7936.4582.1695;DRUM S: D57�694 8.4686226 s;45'/3,765 5;457a,7B9 5:4553.5716;D`5[*,279 S;4858,1445; 4578.869 s D5TB.783 5:4581,573 5;4581118$4553,889 S'457OX75;4578,58.5 S; D942983 S;9581.887 6:4596,915 5;p595,916 S,459,579 6;4881,7T0 6:4692,2215: 12955. 1D7,9'6448,9616D1:p51d3:98106:11Ui53;110DW;;1117416;128714;12= !73523;170714;130717;17671T 126316'175319;12Gi20;126A21'170632;134653; 15,ptl,pD01C7 847801 1"Fhat 41000641329747401:;0D=2530�DD%f00096Nd9. pe9Page: 6 Amer P.�k O. Page 1010 of 1906 VICTOR STANLEY® SALES QUOTE P.O.Drawer 330,Dunkirk,MD 2x754 Sales Quote No: S0109935 1.800.368.2573(LISA 4 Canada) TEL 801.855.8300 FAX 410.257.7579 Revision Number: 0 VICTORSTANLEY.COM sales Quote Date: 01/13/21 Sell To: City of Boynton Beach Customer No: CO23356 Franky Lazo Phone No: 561-742-6000 3301 Quantum Blvd Contact Name: Suite 101 Contact Phone No: Boynton Beach, FL 33426 Terms: Pending Associate: Rudy Worch Project Name: CITY OF BOYNTON BEACH Project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid 222 N.E.9th Ave Shipping Method: FOB Factory Boynton Beach, FL 33425 This Quote is valid for 30 days. Estimated Lead Allow 6 to 8 (weeks) Time: for Production of your order. All credit determinations are made by our Credit Department. QTY Model No. Description Unit Cost 4-Foot Square Tota!Price Bronze Surface Mount w12x4 Maple 2nd Site Systems Slats wlUncoated Stainless Steel Bars Checkerboard 1 IP-3 Homestead Series Independent-Post Table 2,728.00 2,728 00 IP-3 Components Three-Seat 3-Foot Square Bronze Surface Mount w12x4 Maple 2nd Site Systems Slats wlUncoated Stainless Steel Bars Checkerboard 1 IP-3 Homestead Series Independent-Post Table 3,982.00 3,982.00 IP-3 Components Three-Seat 4-Foot Square Bronze Surface Mount w12x4 Maple 2nd Site Systems Slats Many Viet SFWey.Ix.products we mvered SV palemis hAAnD Sul not 64bLd 10 USA D45a.431 S:W41.19W S D452.790 S:D960,1885:D445=6;0483.536 S: D487,177 6;D487{37 5;D487,536 SD464 M8 64D476,465 S;D476,464 S;0417,053; 6,338.94461;D385,231;5=.9M 5,791.47:ZM,012;D37132N;D383A15p376,271; 0578, 5:1596?205;�05'J3�7885, �7BB 5;116537.255, i5;D568,1445; 0578.8&1 S 0578.783 S;0561,1735,0561 186&0563,b119 S 0570727 S:0578.685 5: DSg980 5:1581,987 S:DSB 1.132 5:0695,.22 S;0660,670 S:0807770 S:0802.2216; Cana,2716:D`.,66,973. 0607.6235:06108;115:0609,933$1688,:12 5:4;125D621.295 S. Canad1�96101;9B04R,98150;gel 03;98108;710953;110664;117i61:12S1i4;128322: 1SMIK190)718.C.nmde M3,1aa.34�' mAaa D.lami7ay mi62�06ssc CCReg.Ose.000475379-0001;000503297-0061;0007828'.8-0001;000961404. W16r PaungsY•NendiM. Page: 7 Page 1011 of 1906 V I C T O R *1k. STANLEY" SALES QUOTE P.O.Drawer 330,Dunkirk,MD 20754 Sales Quote No: SQ109935 1.800.868.2573(USA+Canada) TEL 301.853.8300 FAX 410.257.7579 Revision Number: 0 VIGT0RSTANLEY.00M Sales Quote Date: 01/13/21 Sell To: City of Boynton Beach Customer No: CO23356 Franky Lazo Phone No: 561-742-6000 3301 Quantum Blvd Contact Name: Suite 101 Contact Phone No: Boynton Beach, FL 33426 Terms: Pending Associate: Rudy Worch project Name: CITY OF BOYNTON BEACH Project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid 222 N.E.9th Ave Shipping Method: FOB Factory Boynton Beach, FL 33425 This Quote is valid for 30 days. Estimated Lead Allow 6 to 8 (weeks) Time: for Production of your order. All credit determinations are made by our Credit Department. QTy Model No. Description Unit Cost Total Price w/Uncoated Stainless Steel Bars Checkerboard 1 IP-4 Homestead Series Independent-Post Table 3,133.00 3,133.00 IP-4 Components Four-Seat 3-Foot Square Bronze Surface Mount wi2x4 Maple 2nd Site Systems Slats w/Uncoated Stainless Steel Bars Checkerboard 1 IP-4 Homestead Series Independent-Post Table 3,487.00 3,487.00 IP-4 Components Four-Seat 4-Foot Square Bronze Surface Mount w12x4 Maple 2nd Site Systems Slats wiUncoated Stainless Steel Bars Checkerboard 1 Freight 3,056.00 3,056.00 MAenY VxjN slinky.Inc.pm&xg%are covered by pawts IrEwing but n01 imf ed to �r oaseOats:oaa=6:D4U.750S:D4W.16ss:ousMs:0031 ss: Sub-Total: 50,092.00 6797777 s:D48T A37 S:D7676a S:o464Z8 s;697MA89 8;6978.469 6:D417A53; a.308044 et,Ds 5"I;5J08QifDy:s.79tA77:D30WZ D370�if;D383,61 0,211; Total Sales Tax: 2,872.16 65_4;512 p�g,2B3 S;65x1.620^a o52B,9os s:65&5 71135;65B2�t 9fi S IJ67B,7G2`.` tU�M5: DA7W$;M7a799$ i6:D59s�0a D5es.wa D578,BtM s1 ......_...__.. ...... Ir,7"MSS;D578'ZE5:I»11735;0661,18B$050SMS'D57g7Z75;0579,88ss; Total: 52,964.16 064ZGW D:D5B1A07 6;ow6,816 s:bw:i 1e s;0698,670 6:D-770 s;—Z's; . S. �My�1jDB1�Ga4P 06160:551&G�87y0B;117g63;11W.4;,ZS S-DOW 933 s1 D 119811 12M4;112D0216�=- 1=138714,130717,120317'120374126518 12a=;120321't30f152:1sDe63 A!1 figures are in tl$Dollars 130711;73P7t8.COneda Pete1rt 1.16x.348 16e]d W VA%De50076f1;28tB2. pp,00047597a0aD1:000503297-0001:00o78P6aI-MU 8906x1404. Dmer�i P..Pow. Page: 8 Please review our Standard Terms of Production on proceeding pages Page 1012 of 1906 January 14,2021 Mr. Franky Lazo City of Boynton Beach 3301 Quantum Blvd, Boynton Beach,FL 33426 Sole Source for Victor Stanley,Inc. Green Sites&Homestead Collections Dear Mr.Lazo, Victor Stanley, Inc.,is the sole source for the Green Sites Series CM-565,CM-50,CM-53, RTH-36,CM-2,CM-3,CM-4,CM-3040 and the Homestead Collection ST-5,Model 2, Model 4, CP-2,CP-3,CP-4, IP-2,IP-3,IP-4. Victor Stanley, Inc., is the manufacturer of the CM-565, CM-50,CM-53,RTH-36, CM-2,CM-3,CM-4, CM-3040,T-5,Model 2,Model 4,CP-2, CP-3, CP-4,IP-2, IP-3, and IP-4 and the only authorized source in the state of Florida. If there are any questions please contact us at 1-500-368-2573. Sincerely, Rudy Worch Technical Inside Sales Specialist Page 1013 of 1906 1. Purchasing Division Sole/Single Source Justification Form This form shall be completed and approved prior to all sole source purchases Sole Source Definition-Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service,or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition-A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. te Details Requestor Department Public Works Division Building and Grounds Point of Contact Franky Lazo Phone Number 561-742-6597 Vendor Company Name Victor Stanley Address PO Drawer 330 , Dunkirk MD 20754 Phone Number 480-699-2489 Point of Contact and Title Rudy Worch , µ P _ ,,,uuHIu,ry vuvu., The Victor Stanley line that is being recommended is made up of recycled What other vendors were plastic and metal. Selecting to use a recycled plastic line will be more contacted? (List company sustainable as a City. name, contact, and phone number and explain why they were not suitable) Patented Products ii Product or Service Product/Service Name Green Sites & Homestead Collections Manufacturer Victor Stanley Make/Model # Price -------------- Did you negotiate the terms or prices with the vendor? ® Yes ❑ No 1 Page 1014 of 1906 i I j } Purchasing Division Sole/Single Source Justification Form Why is this price considered to be fair and reasonable?Comparison performed using the State of Florida Managed Services website to compare rates on what they have on file for Consultants. m .n.,. Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re-purchase for compatibility reasons)❑ Yes FINo T is a sole source because(choose any that apply): ole provider of a licensed or patented good or service ingle Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service L I Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) What necessary features does this vendor provide which are not available from other vendors? Victor Stanley holds patents on their Green Sites and Homestead Collections. The Victor Stanley line that is being recommended is made up of recycled plastic and metal. Selecting to use a recycled plastic line will be more sustainable as a Cit. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities,favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known suppliers that exist. 1. Departure vire r . . STnAure 61te 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend 1 do not recommend ❑ this being certified as a sole source. Reid ❑1 not required ❑to be advertised for a period of 7 business days before award. r Signature Date 2 Page 1015 of 1906 7.D. Consent Bids and Purchases Over $100,000 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Approve utilizing the City of Miami's Contract I FB No. 130138 with Dana Supply, Inc. of Doral, FL for the purchase and installation of emergency lighting and equipment, on an "As Needed Basis"for an estimated annual expenditure of$450,000 for the period of the contract which expires on July 25, 2024. The City of Miami's bid process satisfies the City's competitive bid requirements. Explanation of Request: Dana Supply is a BluePrint certified installer in South Florida, which is the Fire Rescue and Police Department's current lighting operating system. This contract will furnish required emergency equipment and lighting for vehicles and will allow for uniformity within the fleet and continuity in equipment design across vehicles. The contract provides a seven (7) year warranty on lighting which exceeds industry standards of five (5) years. How will this affect city programs or services? The purchase of emergency equipment and lighting will allow for our emergency vehicles to respond to emergency calls for service in a safe and prudent manner. Emergency equipment will allow employees to successfully meet our mission as providers of effective, efficient, and impartial services to the community. Fiscal Impact: Funds for the emergency equipment have been budgeted in the Fleet Management account#501-2516-519- 64-33 Alternatives: Do not utilize the City of Miami bid and issue a separate bid by the City. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 1016 of 1906 Contracts Vendor Name: Dana Safety Start Date: 7/26/2021 End Date: 7/25/2024 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Three (3) years, with OTR for one (1) additional two (2) year periods. Attachments: Type Description D Contract Dana Safety - City of Miami Awarded Contract 130138-26 Expires 07-25-24.pdf D Tab Sheets Dana Safety - City of Miami Tabulation.pdf D Addendum Dana Safety - City of Miami Addendum and Solicitation.pdf Dana Safety - City of Miami Agenda Item D Other Purchase and Installation of Municipal Vehicle Equipment I IFIB 1301386.pdf D Memo Dana Safety - City of Miami Signed Memo I IFIB 1301386.pdf Page 1017 of 1906 TT-tv of *HTaml Procurement Deymfment IFB NO: 1301386(26) DESCRIPTION: PURCHASE AND INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT CITYWIDE TERM OF CONTRACT: THREE (3)YEARS, WITH OTR FOR ONE (1)ADDITIONAL TWO (2)YEAR PERIODS CONTRACT PERIOD: JULY 26,2021 THROUGH JULY 25,2024 COMMODITY CODE: 05557-00 SECTION#1 —VENDOR AWARD Dana Supply, Inc. Public Safety Supply, LLC 1620 NW 82nd Ave. 750 West 18th Street Doral, FL 33126 Hialeah, FL 33010 Contact: Mark Sevigny Contact:Alberto Espinosa Phone: (800)854-5536 Phone: (305)986-1373 Email: msevigny@1dss.com Email: fireal@me.com The Shyft Group Upfit Services, Inc. dba Strobes-r-us 1541 Reynolds Road Charlotte, MI 48813 Contact: Ryan L. Roney Phone: (517)997-3803 x3803 Email: Ryan.Roney@theshyftgroup.com SECTION#2—AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: JULY 8,2021 AMENDED AMOUNT: N/A RESOLUTION NO: 21-0284 INSURANCE REQUIREMENTS: YES FILE ID: 9151 PERFORMANCE BOND: N/A TOTAL CONTRACT AMOUNT: N/A APPLICABLE ORDINANCES: N/A Notes: CONTRACT PERIOD: JULY 26,2021 THROUGH JULY 25,2024 SECTION #3 -REQUESTING DEPARTMENT CITY OF MIAMI, DEPARTMENT OF GSA Contract Administrator:John Babos Phone: (305)329-4874 SECTION#4-PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Cris Lima Phone: (305)416-1904 Prepared By:Aimee Gandarilla, 7/13/2021 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: WWW.MIAMIGOV.COM/PROCUREMENT Page 1018 of 1906 C y N j cn y U ......_ ..... .... i � T Q n (C)U) rn O m m m m m m m m m m m m m m m m m m m m O u O O O O O O a O O O O O O O O O O O O O O r z z z z z z z z z z z z z z z z z z z z a a O 3 � a � 3 O m , a ; a I W a W U) 0 ® Z Cl) W � I U Q T To N ❑ O 2 VM U> `4A w r r r �N- O t7 r O L � d m a a Q , m 0 A " s .. a = - - - - - - - - - - - - - - - _ R co ° M M m m m m r ' z LL O ' (6 m N U � o d o _ c U Uy 4... p o r V V V o W O d N c C � N c m c ~ o m 313K - Y o a, or d W Q7 W d U W U v W O - N t J O c Y �' rn o c c m oW W d s y W W m m E a a N ry y c W Of 0 o m o o m o d c U o E o as O C J 0 0 C) 0 0 cl 0 fn m m m m m m m m m m m co m m m m m m m m (D CY) I o I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z z z z z z z z z z z z z z z z z z z z z z 4- 0 0 N O ---------- ------------- A-------I------------- z 0 z to 0- z 0 — — — — — — — — — — — — — — — — — — — — — — — — — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . co m m o CO o o a_ 0 7F, 0 o ol 65 Im - . o (o E NIn o 22 mf g L15 o '6 2 .6 w lo o - w �f x ul) wo 't co c' C co a m (L 0 o 1 (9 1 2 w o a w Q 0 L I C?I m I u') u) 84� O CY) m cc m co m m m m m m M m m ca m m m m m m m m m co En co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z z z z z z z z z z z z z z z z 0 z z z z z z z z z z 4- 0 N 0 ------------- —------—--- i-------—---—-------- zoz wwwaozw - > w - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .0 U) cl) 0 0 0 0 ol 0 0 > o 0 ol U) 1 0 10 o . — iro OE o � 2o �= 0 C) { \ \ k wu cf E o �E E E u) 7�5 3 co o (5 m :r lo J a. a, t o CL ƒ co co CD m co cc co m m m ca m m m m m m m co m m m CY) 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z z z z z z z z z z z z z z z z z z z z z z 4- 0 0 ------------------------------------------------ ........ ........ z z LU U) CL z U) w L2 — — — — — — — — — — — — — — — — — — — — — — — . . . . . . . . . . . . . . . . . . . . . . m . . . . . . . . . . . . . . . . . o W, cc WT In I co n LZ ol 21 y aIn Y a- E T �o N II If R o 0 0 0 U II N 7 0 m a = o 00 o N o o p oo p Wc' O 'n E v o. !n O C! 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Oco I- 60 U) U s s t E » v m c u x 0 0 0 0 0 0 Q uj O a CO rn N p N o m d o U) m a' 0 `~ 0 0 a a CD 0 E N O N U U a ' > a to A E m m Z p N Z j O ~ y O C0 a o w o In IL d z a_ w a Z o o U Z Z E — Z J II x T d O R E T Q W F. N 4 o (6 ` O d O O O O O N a co 0 N O N O ON N ~ U E d F» F» T T l0 R C C N m o m m U - U � a U N J C C U ? N W U O O Z �. O a n a N m Y y G o z Q n O O v @ N d E ¢ E — O O m m m m U J J J J E O E 0 o 0 0 0 N 0 - �U 6 6 z z y N N M V t0 Q.U C C U V 7 a 0- City of Miami Solicitation 1301386 Solicitation 1301386 Purchase and Installation of Municipal Vehicle Equipment - Citywide Solicitation Designation: Public City of Miami 4/23/2021 8:09 AM Page 1025 of p1.X06 City of Miami Solicitation 1301386 Solicitation 1301386 Purchase and Installation of Municipal Vehicle Equipment - Citywide Solicitation Number 1301386 Solicitation Title Purchase and Installation of Municipal Vehicle Equipment-Citywide Solicitation Start Date Apr 7,202110:22:57 AM EDT Solicitation End Date Apr 30,20213:00:00 PM EDT Question&Answer End Apr 19,20213:00:00 PM EDT Date Solicitation Contact Cristiane Lima 305-416-1904 clima@miamigov.com Contract Duration See Specifications Contract Renewal See Specifications Prices Good for See Specifications Pre-Solicitation Conference Apr 13,20212:00:00 PM EDT Attendance is optional Location:Via Microsoft Teams Meeting +1786-598-2961,United States,Miami(Toll) Conference ID:137 446 340# Please see the Bid Document for the meeting link.Refer to Section 2.3.PRE-BID/PRE-PROPOSAL CONFERENCE. Solicitation Comments FAILURE TO COMPLETE,SIGN AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON-RESPONSIVE. FAILURE TO UPLOAD OFFICIAL MANUFACTURER'S AUTHORIZATION LETTER FOR THE EQUIPMENT OFFERED SHALL DEEM YOUR BID NON-RESPONSIVE. ALL UPLOADS SHALL BE IN PDF FILE FORMAT,NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. ATTACHMENTS FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH,SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. CONTACT BIDSYNC VENDOR SUPPORT TOLL-FREE NUMBER 800-990-9339,OR EMAIL SUPPORT@BIDSYNC.COM,FOR BIDSYNC RELATED TECHNICAL DIFFICULTIES AND/OR ISSUES. Addendum#1 Item Response Form 4/23/2021 8:09 AM Page 1026 Of P.1906 City of Miami Solicitation 1301386 Item 1301386--01-01-Manufacturer Price Catalog:911 Signal,Emergency Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for 911 Signal, Emergency Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-02-Manufacturer Price Catalog:Abel 2 Products,Emergency Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Abel 2 Products, Emergency Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-03-Manufacturer Price Catalog:BLI,Priority Start. Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for BLI, Priority Start. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-04-Manufacturer Price Catalog:Brooking Industries,Emergency Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Brooking Industries, Emergency Lighting. Note: Upload the Manufacture's List Price Catalog. 4/23/2021 8:09 AM Page 1027 of P.1906 City of Miami Solicitation 1301386 Item 1301386--01-05-Manufacturer Price Catalog:Code 3,Emergency Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Code 3, Emergency Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-06-Manufacturer Price Catalog:D&R Electronics,Emergency Lighting. Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for D&R Electronics, Emergency Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-07-Manufacturer Price Catalog:Fenix,Emergency Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Fenix, Emergency Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-08-Manufacturer Price Catalog:GoLight,Scene Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for GoLight, Scene Lighting. 4/23/2021 8:09 AM Page 1028 of p1 X06 City of Miami Solicitation 1301386 Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-09-Manufacturer Price Catalog:GoLight,Helios(Thermal Imaging)&Parts/Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for GoLight, Helios(Thermal Imaging)&Parts/Accessories. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-10-Manufacturer Price Catalog:Maxxima,Emergency Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Maxxima, Emergency Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-11-Manufacturer Price Catalog:Sound Off Signal,Emergency Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Sound Off Signal, Emergency Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-12-Manufacturer Price Catalog:Star Warning Products,Emergency Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description 4/23/2021 8:09 AM Page 1029 of P.1906 City of Miami Solicitation 1301386 Percent Discount Off Manufacturers List Price Catalog for Star Warning Products, Emergency Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-13-Manufacturer Price Catalog:Thor Manufacturing,Power Inverters and Electronics Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Thor Manufacturing, Power Inverters and Electronics. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-14-Manufacturer Price Catalog:Tremco,Safety Equipment Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Tremco,Safety Equipment. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-15-Manufacturer Price Catalog:Unity Spotlights,Scene Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Unity Spotlights, Scene Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-16-Manufacturer Price Catalog:Whelen,Emergency Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description 4/23/2021 8:09 AM Page 1030 of P.1906 City of Miami Solicitation 1301386 Percent Discount Off Manufacturers List Price Catalog for Whelen, Emergency Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-17-Manufacturer Price Catalog:Hella,Vehicle Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Hella,Vehicle Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-18-Manufacturer Price Catalog:KC HiLiTES,Vehicle Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for KC HiLiTES,Vehicle Lighting. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-19-Manufacturer Price Catalog:Ace K9/Radiotronics,K9 Transport Electronic Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Ace K9/Radiotronics, K9 Transport Electronic. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-20-Manufacturer Price Catalog:American Aluminum,Prisoner and K9 Transports Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description 4/23/2021 8:09 AM Page 1031 of P.1906 City of Miami Solicitation 1301386 Percent Discount Off Manufacturers List Price Catalog for American Aluminum, Prisoner and K9 Transports. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-21-Manufacturer Price Catalog:Brooking Industries,Prisoner Transport(Seat&Window Bars) Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Brooking Industries, Prisoner Transport(Seat&Window Bars). Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-22-Manufacturer Price Catalog:D&R Electronics,K-9 and Prisoner Transport Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for D&R Electronics, K-9 and Prisoner Transport. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-23-Manufacturer Price Catalog:Go Rhino,Prisoner Transport&Push Bumper Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Go Rhino, Prisoner Transport&Push Bumper. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-24-Manufacturer Price Catalog:Havis,Prisoner and K9 Transport Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 4/23/2021 8:09 AM Page 1032 of P.1906 City of Miami Solicitation 1301386 Description Percent Discount Off Manufacturers List Price Catalog for Havis, Prisoner and K9 Transport. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-25-Manufacturer Price Catalog:Jotto Desk,Prisoner Transport Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Jotto Desk, Prisoner Transport. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-26-Manufacturer Price Catalog:Pro-Gard Products,Prisoner Transport(Partition,Seats, Window Bars) Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Pro-Gard Products, Prisoner Transport(Partition, Seats,Window Bars). Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-27-Manufacturer Price Catalog:Prisoner Transport Systems(PTS),Prisoner Transport Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Prisoner Transport Systems(PTS), Prisoner Transport. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-28-Manufacturer Price Catalog:Ranch Hand,Push Bumpers Quantity 1 each Percentage Delivery Location City of Miami No Location Specified 4/23/2021 8:09 AM Page 1033 of P.1906 City of Miami Solicitation 1301386 Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Ranch Hand, Push Bumpers. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-29-Manufacturer Price Catalog:Ray Allen,K9 Electronics Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Ray Allen, K9 Electronics. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-30-Manufacturer Price Catalog:Setina,Prisoner Transport(Partitions,Seats,Window Bars) Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Setina, Prisoner Transport(Partitions, Seats,Window Bars)K9 Transport and NON- Lighted Push Bumpers. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-31-Manufacturer Price Catalog:Setina,Lighted Push Bumpers Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Setina, Lighted Push Bumpers. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-32-Manufacturer Price Catalog:Troy Products,Prisoner Transport Quantity 1 each Percentage Delivery Location City of Miami No Location Specified 4/23/2021 8:09 AM Page 1034 ot.1I906 City of Miami Solicitation 1301386 Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Troy Products, Prisoner Transport. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-33-Manufacturer Price Catalog:Westin,Push Bumpers Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Westin, Push Bumpers. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-34-Manufacturer Price Catalog:Boss Strongbox,Storage Solutions Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Boss Strongbox, Storage Solutions. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-35-Manufacturer Price Catalog:Big Sky Gun Racks,Gun Racks Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Big Sky Gun Racks, Gun Racks. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-36-Manufacturer Price Catalog:Cargoglide,Truck Storage Access Solution Quantity 1 each Percentage Delivery Location City of Miami 4/23/2021 8:09 AM Page 1035 ot.II�06 City of Miami Solicitation 1301386 No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Cargoglide,Truck Storage Access Solution. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-37-Manufacturer Price Catalog:D&R Electronics,Gun Racks&Storage Boxes Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for D&R Electronics,Gun Racks&Storage Boxes. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-38-Manufacturer Price Catalog:DECKED,Storage Solutions for Truck Bed Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for DECKED, Storage Solutions for Truck Bed. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-39-Manufacturer Price Catalog:GoRhino,Gun Rack and Storage Solutions Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for GoRhino, Gun Rack and Storage Solutions. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-40-Manufacturer Price Catalog:Jotto Desk,Gun Racks Quantity 1 each Percentage Delivery Location City of Miami 4/23/2021 8:09 AM Page 1036 ot.1I906 City of Miami Solicitation 1301386 No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Jotto Desk, Gun Racks. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-41-Manufacturer Price Catalog:Lund Industries,Gun Racks and Storage Solutions Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Lund Industries, Gun Racks and Storage Solutions. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-42-Manufacturer Price Catalog:OPS,Storage Solutions Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for OPS, Storage Solutions. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-43-Manufacturer Price Catalog:Prisoner Transport Systems(PTS),Storage Boxes Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Prisoner Transport Systems(PTS), Storage Boxes. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-44-Manufacturer Price Catalog:Pro-Gard Products,Gun Racks and Storage Solutions Quantity 1 each Percentage Delivery Location City of Miami 4/23/2021 8:09 AM Page 1037 ot.II906 City of Miami Solicitation 1301386 No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Pro-Gard Products, Gun Racks and Storage Solutions. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-45-Manufacturer Price Catalog:Rockland,Storage Boxes Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Rockland, Storage Boxes. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-46-Manufacturer Price Catalog:Santa Cruz Gunlocks,Gun Racks Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Santa Cruz Gunlocks,Gun Racks. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-47-Manufacturer Price Catalog:Setina,Gun Racks and Storage Boxes Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Setina,Gun Racks and Storage Boxes. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-48-Manufacturer Price Catalog:Setina,Blac-Rac Gun Racks Quantity 1 each 4/23/2021 8:09 AM Page 1038 ot.II�06 City of Miami Solicitation 1301386 Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Setina, Blac-Rac Gun Racks. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-49-Manufacturer Price Catalog:Troy Products,Gun Racks and Storage Boxes Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Troy Products, Gun Racks and Storage Boxes. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-50-Manufacturer Price Catalog:Tuck Vault,Storage Boxes Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Tuck Vault, Storage Boxes. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-51-Manufacturer Price Catalog:Tuffy Security Products,Storage Boxes Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Tuffy Security Products, Storage Boxes. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-52-Manufacturer Price Catalog:Tufloc/Esmet,Storage Boxes Quantity 1 each 4/23/2021 8:09 AM Page 1039 ot.1I906 City of Miami Solicitation 1301386 Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Tuffy Security Products, Storage Boxes. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-53-Manufacturer Price Catalog:Tufloc/Esmet,Storage Boxes Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Tufloc/Esmet, Storage Boxes. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-54-Manufacturer Price Catalog:Lind Electronics,Power Supplies for Laptops and Printers Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Lind Electronics, Power Supplies for Laptops and Printers. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-55-Manufacturer Price Catalog:Brother Mobile Solutions,Printers and Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Brother Mobile Solutions, Printers and Accessories. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-56-Manufacturer Price Catalog:D&R Electronics,Consoles Laptop Mounts Docking Stations Quantity 1 each 4/23/2021 8:09 AM Page 1040 ot.II906 City of Miami Solicitation 1301386 Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for D&R Electronics,Consoles Laptop Mounts Docking Stations. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-57-Manufacturer Price Catalog:Gamber Johnson,Consoles Laptop Mounts Docking Stations Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Gamber Johnson, Consoles Laptop Mounts Docking Stations. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-58-Manufacturer Price Catalog:Havis,Consoles Laptop Mounts Docking Stations Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Havis,Consoles Laptop Mounts Docking Stations. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-59-Manufacturer Price Catalog:Havis,Apple Related Products and ICS(Integrated Control Systems) Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Havis,Apple Related Products and ICS(Integrated Control Systems). Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-60-Manufacturer Price Catalog:Jotto Desk,Consoles Laptop Mounts Docking Stations 4/23/2021 8:09 AM Page 1041 ot.1I906 City of Miami Solicitation 1301386 Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Jotto Desk, Consoles Laptop Mounts Docking Stations. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-61-Manufacturer Price Catalog:LEM Solutions,Printer Mounts Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for LEM Solutions, Printer Mounts. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-62-Manufacturer Price Catalog:Lund Industries,Consoles Laptop Mounts Docking Stations Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Lund Industries, Consoles Laptop Mounts Docking Stations. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-63-Manufacturer Price Catalog:Panasonic,Laptops Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Panasonic, Laptops. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-64-Manufacturer Price Catalog:Ram Mount,Consoles And Laptop Mounts 4/23/2021 8:09 AM Page 1042 ot.II906 City of Miami Solicitation 1301386 Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Ram Mount,Consoles And Laptop Mounts. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-65-Manufacturer Price Catalog:Samsung,Computing Devices Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Samsung, Computing Devices. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-66-Manufacturer Price Catalog:Troy Products,Consoles Laptop Mounts Docking Stations Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Troy Products, Consoles Laptop Mounts Docking Stations. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-67-Manufacturer Price Catalog:Apollo Video, In-Car Video Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog forApollo Video, In-Car Video. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-68-Manufacturer Price Catalog:Decatur Electronics, In-Car Video and Radar 4/23/2021 8:09 AM Page 1043 ot.1I906 City of Miami Solicitation 1301386 Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Decatur Electronics, In-Car Video and Radar. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-69-Manufacturer Price Catalog:Digital Ally,Body Camera and In-Car Video Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Digital Ally, Body Camera and In-Car Video. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-70-Manufacturer Price Catalog:Genetec,LPR Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Genetec, LPR. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-71-Manufacturer Price Catalog:L3 Mobile/Safe Fleet,In-Car Video Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for L3 Mobile/Safe Fleet, In-Car Video. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-72-Manufacturer Price Catalog:Mobileye,Collision Avoidance 4/23/2021 8:09 AM Page 1044 ot.IA06 City of Miami Solicitation 1301386 Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Mobileye, Collision Avoidance. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-73-Manufacturer Price Catalog:MPH Radar,Radar Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for MPH Radar, Radar. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-74-Manufacturer Price Catalog:Point Blank/Advance Tech Group,Body Camera and In-Car Video Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Point Blank/Advance Tech Group, Body Camera and In-Car Video. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-75-Manufacturer Price Catalog:Patrol Witness,In-Car Video Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Patrol Witness, In-Car Video. Note: Upload the Manufacture's List Price Catalog. 4/23/2021 8:09 AM Page 1045 ot.12�06 City of Miami Solicitation 1301386 Item 1301386--01-76-Manufacturer Price Catalog:Rearview Safety,Back-Up Camera System Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Rearview Safety, Back-Up Camera System/Back-Up Sensors/360 System/Mobile Dvr/Dash Cameras. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-77-Manufacturer Price Catalog:Rostra,Back-Up Camera System Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Rostra, Back-Up Camera System/Back-Up Sensors/360 System/Mobile Dvr/Dash Cameras. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-78-Manufacturer Price Catalog:Stalker,Radar Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Stalker, Radar. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-79-Manufacturer Price Catalog:Utility,Body Camera and In-Car Video Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Utility, Body Camera and In-Car Video. Note: Upload the Manufacture's List Price Catalog. 4/23/2021 8:09 AM Page 1046 01.12906 City of Miami Solicitation 1301386 Item 1301386--01-80-Manufacturer Price Catalog:Watchguard,Body Camera and In-Car Video Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Watchguard, Body Camera and In-Car Video. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-81-Manufacturer Price Catalog:Bayco Products,Flashlights Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Bayco Products, Flashlights. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-82-Manufacturer Price Catalog:Maglite,Flashlights Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Maglite, Flashlights. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-83-Manufacturer Price Catalog:Pelican Products,Flashlights and Scene Lighting Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Pelican Products, Flashlights and Scene Lighting. Note: Upload the Manufacture's List Price Catalog. 4/23/2021 8:09 AM Page 1047 ot.IA06 City of Miami Solicitation 1301386 Item 1301386--01-84-Manufacturer Price Catalog:Streamlight,Flashlights Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Streamlight, Flashlights. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-85-Manufacturer Price Catalog:Sure Fire,Flashlights Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Sure Fire, Flashlights. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-86-Manufacturer Price Catalog:A.R.E.,Topper and Tonneau Covers Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog forA.R.E.,Topper and Tonneau Covers. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-87-Manufacturer Price Catalog:Bakflip,Bed Covers Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Bakflip, Bed Covers. Note: Upload the Manufacture's List Price Catalog. 4/23/2021 8:09 AM Page 1048 ot.lj- 06 City of Miami Solicitation 1301386 Item 1301386--01-88-Manufacturer Price Catalog:Reading,Truck/Utility Body Products Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Reading,Truck/Utility Body Products. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-89-Manufacturer Price Catalog:Roll-N-Lock,Bed Covers Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Roll-N-Lock, Bed Covers. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-90-Manufacturer Price Catalog:Spacekap,Transferable Fiberglass Caps Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Spacekap,Transferable Fiberglass Caps. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-91-Manufacturer Price Catalog:Buyers Products,Truck Equipment and Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Buyers Products,Truck Equipment and Accessories. Note: Upload the Manufacture's List Price Catalog. 4/23/2021 8:09 AM Page 1049 ot.IA06 City of Miami Solicitation 1301386 Item 1301386--01-92-Manufacturer Price Catalog:Deezee,Truck Equipment and Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Deezee,Truck Equipment and Accessories. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-93-Manufacturer Price Catalog:Keystone Automotive,Truck Equipment and Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Keystone Automotive,Truck Equipment and Accessories. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-94-Manufacturer Price Catalog:Meyers Distributing,Truck Equipment and Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Meyers Distributing,Truck Equipment and Accessories. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-95-Manufacturer Price Catalog:Kargo Master,Van Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Kargo Master,Van Accessories. Note: Upload the Manufacture's List Price Catalog. 4/23/2021 8:09 AM Page 1050 ot.IA06 City of Miami Solicitation 1301386 Item 1301386--01-96-Manufacturer Price Catalog:Legend Fleet Solutions,Van Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Legend Fleet Solutions,Van Accessories. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-97-Manufacturer Price Catalog:Masterack,Van Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Masterack,Van Accessories. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-98-Manufacturer Price Catalog:OPS Public Safety,Van Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for OPS Public Safety,Van Accessories. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-99-Manufacturer Price Catalog:Westcan Manufacturing,Van Accessories Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Westcan Manufacturing,Van Accessories. Note: Upload the Manufacture's List Price Catalog. 4/23/2021 8:09 AM Page 1051 01.1906 City of Miami Solicitation 1301386 Item 1301386--01-100-Manufacturer Price Catalog:Pro-Clip,Mobile Mounting Solutions Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Pro-Clip, Mobile Mounting Solutions. Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-101-Manufacturer Price Catalog:Fleet Safety,All Products Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Fleet Safety Products. Fleet Safety Website,Www.Fleetsafety.Com Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-102-Manufacturer Price Catalog:Dana Safety Supply,All Products Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for DSS Products, Private Label and Sole Distributor Products. DSS Website, Www.Danasafetysupply.Com Note: Upload the Manufacture's List Price Catalog. Item 1301386--01-103-Manufacturer Price Catalog:Federal Signal Corporation,All Products. Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Percent Discount Off Manufacturers List Price Catalog for Federal Signal Corporation,All Products. 4/23/2021 8:09 AM Page 1052 ot.IA06 City of Miami Solicitation 1301386 Note: Upload the Manufacture's List Price Catalog. Item 1301386--02-01-Pickup and Delivery for DDS Products and Services:Transport costs Quantity 1 fee Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Total Price to Provide Vehicle Pick-Up and Delivery for Installation of DDS Vehicle Equipment. Pursuant to Section 3.1, Specification/Scope of Work. Item 1301386--03-01-Installation:Prisoner Cage Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Labor Time to install Prisoner Cage. Item 1301386--03-02-Installation:Prisoner Seat Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Labor Time to install Prisioner Seat. Item 1301386--03-03-Installation:Prisoner Seat&Cage Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Labor Time to install Prisoner Seat&Cage. 4/23/2021 8:09 AM Page 1053 ot.IA06 City of Miami Solicitation 1301386 Item 1301386--03-04-Installation:Rear Window Bars with OEM or ABS door panels. Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Labor Time to install Rear Window Bars with OEM or ABS door panels. Item 1301386--03-05-Installation:Rear Window Bars and ABS door panels. Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Labor Time to install Rear Window Bars and ABS door panels. Item 1301386--03-06-Installation:Four(4)Corner Universal LED Hideaway Light System with Controller. Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Labor Time to install Four(4)Corner Universal LED Hideaway Light System with Controller. Item 1301386--03-07-Installation:Four(4)Corner Universal LED Hideaway Light System without Controller. Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Labor Time to install Four(4)Corner Universal LED Hideaway Light System without Controller. Item 1301386--04-01-Labor Rate:Install Items From Catalogs and Packages. Quantity 1 hour Unit Price Delivery Location City of Miami No Location Specified 4/23/2021 8:09 AM Page 1054 01.1906 City of Miami Solicitation 1301386 Qty 1 Description Discounted Hourly Labor Rate to Install Items From Catalogs and Packages as Listed. Item 1301386--05-01-Balance of Line:Minimum Percentage Discount off Catalogs Not Listed. Quantity 1 each Percentage Delivery Location City of Miami No Location Specified Qty 1 Description Minimum Percentage Discount off Catalogs Not Listed. Item 1301386--06-01-ADD-ON Services:Window Tinting with Labor Included for Sedans(Compact to Full Size). Quantity 1 each Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Window Tinting with Labor Included for Sedans(Compact to Full Size), pursuant to Scope of Work. Item 1301386--06-02-ADD-ON Services:Window Tinting with Labor Included for Sports Utility Vehicles. Quantity 1 each Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Window Tinting with Labor Included for Sports Utility Vehicles, pursuant to Scope of Work. Item 1301386--06-03-ADD-ON Services:Window Tinting with Labor Included for Pickups Standard Cab. Quantity 1 each Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Window Tinting with Labor Included for Pickups Standard Cab, pursuant to Scope of Work. 4/23/2021 8:09 AM Page 1055 ot.1P06 City of Miami Solicitation 1301386 Item 1301386--06-04-ADD-ON Services:Window Tinting with Labor Included for Pickups Extended Cab. Quantity 1 each Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Window Tinting with Labor Included for Pickups Extended Cab, pursuant to Scope of Work. Item 1301386--06-05-ADD-ON Services:Window Tinting with Labor Included for Pickups Crew Cab. Quantity 1 each Unit Price Delivery Location City of Miami No Location Specified Qty 1 Description Window Tinting with Labor Included for Pickups Crew Cab, pursuant to Scope of Work. 4/23/2021 8:09 AM Page 1056 ot.V06 City of Miami Solicitation 1301386 CHU of eta ANNIE PEREZ, CPPO ARTHUR NORIEGA V. Director of Procurement City Manager 4%Up j i ADDENDUM NO. 1 IFB No. 1301386 April 23, 2021 Invitation For Bid ("IFB") for Purchase and Installation of Municipal Vehicle Equipment - Citywide TO: ALL PROSPECTIVE BIDDERS: The following changes, additions, clarifications, and deletions amend the IFB documents of the above captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract language will be specified herein. Bold words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. The following is an inquiry received and the corresponding response: Q1. How many years of experience does a bidder need to have to qualify? Al. Please refer to the IFB document, Section 2.12. Bidder's Minimum Qualifications. THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART THEREOF. Annie Perez, CPPD, Director of Procurement City of Miami Procurement Department AP:cl cc. Fernando Casamayor, Assistant City Manager, Chief Financial Officer Jennifer Ramirez, Interim Director of General Services Administration Yadissa A. Calderon, Assistant Director of Procurement 4/23/2021 8:09 AM Page 1057 ot.1906 City of Miami Solicitation 1301386 OP City of Miami Invitation for Bid (IFB) Extl« $MATED, y Procurement Department Miami Riverside Center 444 SW 21d Avenue,611 Floor Miami, Florida 33130 Web Site Address:www.miamigov.com/procurement IFB Number: 1301386 Title: Invitation for Bid for Purchase and Installation of Municipal Vehicle Equipment- Citywide Issue Date/Time: 07-APR-2021 IFB Closing Date/Time: 30-APR-2021 @ 3:00 p.m. Pre-Bid/Pre-Proposal Conference: Voluntary Pre-Bid/Pre-Proposal Date/Time: Tuesday,April 13,2021 @ 2:00 p.m. Pre-Bid/Pre-Proposal Location: Virtual Via Microsoft Teams Deadline for Request for Clarification: Monday,April 19,2021 @ 3:00 p.m. Contracting Officer: Lima,Cristiane Contracting Officer E-Mail Address: CLima@miamigov.com Contracting Officer Facsimile: (305)400-5009 4/23/2021 8:09 AM Page 1058 ot.1A06 City of Miami Solicitation 1301386 Certification Statement Please quote on this form,if applicable,net prices for the item(s)listed.Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals,the unit prices shall govern in determining the quoted prices. We (I)certify that we have read your solicitation,completed the necessary documents, and propose to furnish and deliver,F.O.B.DESTINATION,the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations,or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below(refer to paragraph and section). EXCEPTIONS: We (1)certify that any and all information contained in this submission is true; and we (1) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials,supplies,equipment,or service,and is in all respects fair and without collusion or fraud. We (1) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.Please print the following and sign your name: PROPOSER NAME: ADDRESS: PHONE: FAX: EMAIL: CELL(Optional): SIGNED BY: TITLE: DATE: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. 4/23/2021 8:09 AM Page 1059 ot.1906 City of Miami Solicitation 1301386 Certifications Legal Name of Firm: Entity Type:Partnership, Sole Proprietorship,Corporation,etc. Year Established: Address,City, State,Zip,Contact Name,Contact Tittle,Phone,Fax,Email: Federal Employer Identification("FEVEIN")Number: Business Tax Receipt/Occupational License Number: Business Tax Receipt/Occupational License Issuing Agency: Business Tax Receipt/Occupational License Expiration Date: Will Subcontractor(s)be used?(Yes or No) If subcontractor(s)will be utilized,provide their name,address and the portion of the work they will be responsible for under this contract(a copy of their license(s)must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e.Addendum No. 1, 1/1/2021).If no addendum/addenda was/were issued,please insert N/A. If Bidder has a Local Office, as defined under Chapter 18/Article 111, Section 18-73 of the City Code,has Bidder filled out,notarized,and included with its bid response the "City of Miami Local Office Certification" form?YES OR NO? Please provide the service/equipment installation facility address. 4/23/2021 8:09 AM Page 1060 o V06 City of Miami Solicitation 1301386 Reference No. 1: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation,or has provided such services/goods in the past: Reference No. 1:Address, City, State,and Zip for above reference company/agency listed: Reference No. 1:Name of Contact Person,Telephone Number and Email for above reference no. i Reference No. 1:Date of Contract or Sale for above reference no. i Reference No. 2: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation,or has provided such services/goods in the past: Reference No.2:Address,City, State,and Zip for above reference company/agency listed: Reference No.2:Name of Contact Person,Telephone Number and Email for above reference no.2 Reference No.2:Date of Contract or Sale for above reference no.2 Reference No. 3: Name of Company/Agency for which Bidder is currently providing the services/goods as described in this solicitation,or has provided such services/goods in the past: Reference No. 3:Address,City, State,and Zip for above reference company/agency listed: Reference No. 3:Name of Contact Person,Telephone Number and Email for above reference no. 3 Reference No.3:Date of Contract or Sale for above reference no.3 4/23/2021 8:09 AM Page 1061 ot.V06 City of Miami Solicitation 1301386 IMPORTANT NOTICE TO BIDDERS: • FAILURE TO COMPLETE, SIGN AND UPLOAD THE CERTIFICATION STATEMENT AND CERTIFICATION SECTION WILL RENDER YOUR BID NON-RESPONSIVE. • FAILURE TO UPLOAD OFFICIAL MANUFACTURER'S AUTHORIZATION LETTER FOR THE EQUIPMENT OFFERED SHALL DEEM YOUR BID NON-RESPONSIVE. • ALL UPLOADS SHALL BE IN PDF FILE FORMAT,NO OTHER FILE FORMATS WILL BE ACCEPTED BY THE CITY. • ATTACHMENTS FILES SHALL BE NO MORE THAN 250MB IN SIZE EACH, SHOULD THERE BE A NEED FOR A LARGER SIZE FILE TO BE UPLOADED SPLIT IN MULTIPLE FILES. • CONTACT BIDSYNC VENDOR SUPPORT TOLL-FREE NUMBER 800-990-9339, OR EMAIL SUPP ORTk)BID SYNC.COM,FOR BIDSYNC RELATED TECHNICAL DIFFICULTIES AND/OR ISSUES 4/23/2021 8:09 AM Page 1062 o V06 City of Miami Solicitation 1301386 Table of Contents Terms and Conditions 1. General Conditions 11. GENERAL TERMS AND CONDITIONS 2. Special Conditions 21.PURPOSE 2.2.DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 2.3.PRE-BID/PRE-PROPOSAL CONFERENCE 2.4.TERM OF CONTRACT 2.5. CONDITIONS FOR RENEWAL 2.6.NON-APPROPRIATION OF FUNDS 2.7.METHOD OF AWARD 2.8. SUBMISSION REQUIREMENTS 2.9.REFERENCES 210.TIE BIDS 2.11.CURES 2.12.BIDDERS MINIMUM QUALIFICATIONS 2.13.INSURANCE REQUIREMENTS 2.14.FACILITY LOCATION 2.15.METHOD OF PAYMENT 216.ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES 2.17.PRIMARY CLIENT(FIRST PRIORITY) 2.18.PROJECT MANAGER 2.19.COMPLETED WORK 2.20.CATALOG DISCOUNTS 2.21.FIXED AND FIRM PRICING 2.22.HOURLY LABOR AND INSTALLATION PRICES 2.23.DELIVERY/LIQUIDATED DAMAGES 2.24.FAILURE TO PERFORM 2.25.AS OR EQUAL 2.26.PATENTS AND ROYALTIES 2.27.INSTALLATION,PICK-UP AND DELIVERY REQUIREMENTS 2.28.PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY 2.29.SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED 2.30.WORKMANSHIP AND MATERIALS 2.31.DAMAGES TO PUBLIC/PRIVATE PROPERTY 2.32.FACTORY DEFECTS 2.33.WARRANTY,FITNESS FOR PURPOSE 2.34.QUALITY AND MANUFACTURE 2.35.SPECIFICATION EXCEPTIONS 2.36.PRODUCT SUBSTITUTES 2.37.BALANCE OF LINE 2.38.TERMINATION 2.39.ADDITIONAL TERMS AND CONDITIONS 3. Specifications 3.1 SPECIFICATIONS/SCOPE OF WORK 4/23/2021 8:09 AM Page 1063 01.1906 City of Miami Solicitation 1301386 Terms and Conditions 1. General Conditions 1.1.General Terms and Conditions for Invitation for Bids(IFB) 1.GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID(IFB)- References to goods only apply insofar as they are applicable to"Goods"as defined in Section 18-73 of the City Code. References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code. Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an estimated aggregate cost of$25,000.00 or more. Definition: A Formal Solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,Request for Qualifications,or Request for Letters of Interest pursuant to the City of Miami(City)Procurement Code and/or Florida Law,as amended.Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain the property of the Bidder until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City.It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods supplied to the City are found to be defective or do not conform to specifications,the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense. 1.2. ACCEPTANCE OF OFFER- The signed or electronic submission of a Bidder's response shall be considered an offer on the part of the Bidder;such offer shall be deemed accepted upon issuance by the City of a Purchase Order. 1.3. ACCEPTANCE/REJECTION-The City reserves the right to accept,reject any or all,or portion of responses after opening/closing date, and request re-issuance on the goods/services described in the Formal Solicitation. In the event of a rejection,the Director of Procurement shall notify all affected Bidders and provide a written explanation for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to properly perform under the Terms and Conditions of a City Contract,to deliver on time contracts of a similar nature, and which is not capable to perform the requirements defined in this Formal Solicitation.The foregoing is not an all- inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any irregularities,minor informalities,or technicalities in any or all responses and may, at its sole discretion,re-issue the Formal Solicitation. 1.4. ADDENDA- It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries from prospective Bidders will be provided in the form of an Addendum.Addenda are available at the Bidsync. 1.5. ALTERNATE RESPONSES -Alternate responses will not be considered,unless specifically requested by the City. 1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet, pledge,encumber,or otherwise dispose of the resulting Contract,in whole or in part,or any or all of its rights,title or interest herein,without the City's prior written consent. 1.7. ATTORNEY'S FEES-In connection with any litigation,appellate,administrative,mediation,and/or arbitration arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate litigation and any post judgment proceedings. 4/23/2021 8:09 AM Page 1064 ot.' 906 City of Miami Solicitation 1301386 1.8. AUDIT RIGHTS AND RECORDS RETENTION-The Successful Bidder/Contractor agrees to provide access at all reasonable times to the City,or to any of its duly authorized representatives,to any books,documents,papers, and records of Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any and all of the books, documents,papers, and records pertinent to the resulting Contract for three (3)years after the City makes final payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or refusal to comply with this condition,shall result in the immediate cancellation of this Contract by the City.The Audit Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated by reference herein. 19. AVAILABILITY OF CONTRACT STATE-WIDE - Any governmental, not-for-profit, or quasi- governmental entity in the State of Florida,may avail itself of this Contract and purchase any,and all goods/services, specified herein from the Successful Bidder/Contractor at the Contract price(s) established herein,when permissible by Federal, State,and local laws,rules,and regulations. Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the Successful Bidder/Contractor at the Contractprice(s)established herein,when permissible by Federal,State,and local laws,rules,and regulations. Each governmental, not-for-profit or quasi-governmental entity which uses this Formal Solicitation and resulting Contract will establish its own Contract,place its own orders,issue its own purchase orders,be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the Successful Bidder/Contractor. 1.10. AWARD OF CONTRACT- A.The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the entire Contract,unless modified in accordance with any ensuing Contract,or amendment. B.The award of a Contract,where there are Tie Bids,the tie breaker will be decided by the Director of Procurement or designee, in the instance that Tie Bids cannot be determined by applying Florida Statute 287.087, Preference to Businesses with Drug-Free Workplace Programs. C.The award of this Contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Specifications/Scope of Work. Bidder may be found non-responsive if such documents are not submitted in a timely manner and in the form required by the City.Where Bidder is found non-responsive,the City,through action taken by the Department of Procurement,will void its acceptance of the Bidder's Response and may accept the Response from the next lowest responsive,responsible Bidder most advantageous to the City or may re-solicit for the goods/services.The City,at its sole discretion,may seek monetary restitution from Bidder and/or its bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's failure to satisfy the City's requirements. D.The term of the Contract shall be specified in one of three documents which shall be issued to the Successful Bidder.These documents may either be,a Purchase Order,Notice of Award,and/or Contract Award Sheet. E.The City reserves the right to automatically extend this Contract for up to one hundred twenty (120)calendar days beyond the stated Contract term,in order to provide City departments with continual service and supplies while a new Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised,the City shall notify the Successful Bidder/Contractor,in writing,of its intent to extend the Contract in accordance with the existing terms and conditions for a specified number of days. Additional extensions beyond the first one hundred twenty (120) day extension may occur,if,the City and the Successful Bidder/Contractor are in mutual agreement of such extensions. 4/23/2021 8:09 AM Page 1065 ot.V06 City of Miami Solicitation 1301386 F.Where the Contract involves a single shipment of goods to the City, the Contract term shall conclude upon completion of the expressed or implied warranty periods. G.The City reserves the right to award the Contract on a split-order,lump sum,individual-item basis,or such method of award in the best interest of the City,unless otherwise specified. H.A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum qualification requirements reflected herein. 1.11. BID BOND/BID SECURITY-A cashier's or certified check issued by a bank authorized to transact banking business in Florida,or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State of Florida,payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract,as bid, if it is awarded to Bidder.Bidder shall forfeit bid deposit to the City,should City award Contract to Bidder and Bidder fails to accept the award.The City reserves the right to reject any and all surety tendered to the City.Bid deposits are returned to unsuccessful Bidders within ten(10)days after the award and Successful Bidder's acceptance of award.If one hundred eighty(180)days have passed after the date of the Formal Solicitation closing date,and no Contract has been awarded,all bid deposits will be returned on demand. 1.12.BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract and/or file an acceptable Performance Bond,when required, as provided herein,shall be just cause for the annulment of the award and the forfeiture of the Bid Bond/Bid Security to the City,which forfeiture shall be considered,not as a penalty,but in mitigation of damages sustained which cannot be determined at the time of award.Award may then be made to the next lowest responsive and responsible Bidder,or all Bid responses may be rejected. 1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and submitted accordingly as specified to in the Formal Solicitation. Digital signatures may only be utilized if expressly permitted in the solicitation. 1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any manufacturers, trade names, or Bidder catalog numbers are specified, it is for the purpose of establishing the type, function,minimum standard of design, efficiency,grade,or quality of goods only. When the City does not desire to rule out other competitors'brands or makes,the phrase"APPROVED EQUAL"is added.Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in aspecification are descriptive,not restrictive or exclusive.The Bidder shall provide any equipment that meets or exceeds the applicable specifications, including without limitation the following: Equal in every important attribute, to include industry quality measurable standard, quality of product, accessibility of distribution,durability/reliability/dependability and warranty coverage,and the delivery schedule. When bidding an"APPROVED EQUAL",Bidders shall submit,with their response,complete sets of necessary data (e.g., factory information sheets, specifications,brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials, literature,specifications,test data,etc.The City shall be the sole judge of equality and its decision shall be final. The City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are acceptable as an equivalent. Unless otherwise specified, evidence in the form of samples may be requested, if the proposed brand is other than specified by the City. Such samples are to be furnished after Formal Solicitation opening/closing,upon request of the City.If samples are requested by the City,such samples must be received by the City no later than seven(7)calendar days after a formal request is made. When"NO SUBSTITUTION"is used in conjunction with a manufacturer's name,brand name,and/or model number, 4/23/2021 8:09 AM Page 1066 o .' 906 City of Miami Solicitation 1301386 that named item is the only item that will be accepted by the City in that particular instance. 1.15. CANCELLATION-The City reserves the right to cancel this Formal Solicitation,before its opening/closing. In the event of cancellation,the Director of Procurement shall notify all prospective Bidders and provide a written explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance with this Section. 1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that the Successful Bidder/Contractor makes,or prepares to make,in order to deliver/perform the goods/services required by the City,is a business risk which the Successful Bidder/Contractor must assume.The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful Bidder/Contractor.If Successful Bidder/Contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services,it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS-It is further expressly agreed that in no event shall the City be liable for, or responsible to,the Bidder, any subcontractor,or to any other person for,or on account of, any stoppages or delay in the work herein provided for by injunction,or other legal or equitable proceedings,or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION - Bidder, by submitting a response, certifies that its response is made without previous understanding, agreement,or connection either with any person, firm, or corporation submitting a Bid for the same goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies that its response is fair,without control,collusion,fraud,or other illegal action.Bidder certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws.The City will investigate all potential situations where collusion may have occurred,and the City reserves the right to reject any and all Bids where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor understands that contracts between private entities and local governments are subject to certain laws, codes, and regulations,including laws pertaining to public records,sunshine(open meetings),conflict of interest,ethics records keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes, regulations,and ordinances,and to secure all applicable public approvals and/or consents,of any governmental agency and/or owner of intellectual property rights as that may in any way affect the goods or services offered,including,but not limited to: A. Executive Order 11246,which prohibits discrimination against any employee,applicant,or client because of race, creed,color,national origin,sex,or age with regard to,but not limited to,the following: employment practices,rate of pay or other compensation methods,and training selection. B. Occupational, Safety and Health Act(OSHA),as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287133(3)(A)on Public Entity Crimes. D. Environment Protection Agency (EPA),as applicable to this Formal Solicitation. E Uniform Commercial Code(Florida Statutes,Chapter 672). F. Americans with Disabilities Act of 1990,as amended. G National Institute of Occupational Safety Hazards(NIOSH),as applicable to this Formal Solicitation. H. National Forest Products Association(NFPA),as applicable to this Formal Solicitation. 4/23/2021 8:09 AM Page 1067 o .' 906 City of Miami Solicitation 1301386 I.City Procurement Ordinance,City Code Section 18,Article III. J Conflict of Interest,City Code Section 2-611;61. K Cone of Silence,City Code Section 18-74. L The Florida Statutes Sections 218.70 to 218.79,the Prompt Payment Act. Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility.Non- compliance with all applicable local, State,and Federal directives,orders,codes,rules,regulations,and laws may be considered grounds for termination of Contract at the option of the City Manager. Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE -Pursuant to Section 18-74 of the City of Miami Code,a"Cone of Silence"is imposed upon each Formal Solicitation once advertised and terminates at the time the City Manager issues a written recommendation to the Miami City Commission.The Cone of Silence shall be applicable only to Formal Solicitations for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding Formal Solicitations between,among others: Potential vendors, service providers,bidders, lobbyists or consultants and the City's professional staff including,but not limited to, the City Manager and the City Manager's staff, the Mayor, City Commissioners, or their respective staffs. The provision does not apply to,among other communications:oral communications with the City Procurement staff, provided the communication is limited strictly to matters of process or procedure already contained in the Formal Solicitation document;the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre-bid conferences, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable Formal Solicitation documents; or communications in connection with the collection of industry comments or the performance of market research regarding a particular Formal Solicitation by City Procurement staff. Bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the City Clerk's Office, which shall be made available to any person upon request.Written communications may be in the form of an e-mail, or fax with a copy to the City Clerk's Office being required. In addition to any other penalties provided by law,violation of the Cone of Silence by any Bidder shall render any award voidable. A violation by a particular Bidder, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code.Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Miami Dade County Commission on Ethics. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence.You may contact the City Clerk's Office at 305-250-5360 or clerks@miamigov.com,to obtain a copy of same. 4/23/2021 8:09 AM Page 1068 o1,P06 City of Miami Solicitation 1301386 1.21. CONFIDENTIALITY-As a political subdivision,the City of Miami is subject to the Florida Government in the Sunshine (public Meetings)Act and Public Records Act. If this Contract contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST - Bidders,by responding to this Formal Solicitation, certify that to the best of their knowledge or belief,no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly,in the purchase of goods/services specified in this Formal Solicitation.Any such interests onthe part of the Bidder or its employees must be disclosed in writing to the City. Further, Bidder shall disclose the name of any City employee who owns,directly or indirectly,an interest of five percent(5%)or more of the total assets of capital stock in Bidder's firm. A.Bidder further agrees not to use or attempt to use any knowledge,property,or resource which may be within his/her trust,or perform his/her duties,to secure a special privilege,benefit,or exemption for himself/herself,orothers.Bidder may not disclose or use information not available to members of the general public and gained by reason of his/her position,except for information relating exclusively to governmental practices,for his/her personal,or benefit,or for the personal gain,or benefit of any other person,or business entity. B.Bidder hereby acknowledges that he/she has not contracted or transacted any business with the City or any person, or agency acting for the City,and has not appeared in representation of any third party before any board,Commission, or agency of the City within the past two years. Bidder further warrants that he/she is not related, specifically the spouse, son,daughter,parent,brother,or sister,to: (i) any member of the Commission; (ii)the Mayor; (iii) any City employee;or(iv)any member of any board or agency of the City. C.A violation of this section may subject the Bidder to immediate termination of any contract with the City, and imposition of the maximum fine and/or any penalties allowed by law.Additionally,violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS-Bidders warrant that there has been no violation of copyright or patent rights in manufacturing,producing,or selling the goods shipped or ordered and/or services provided as a result of this Formal Solicitation,and Bidders agree to hold the City harmless from any and all liability,loss,or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER-All expenses involved with the preparation and submission of Bids to the City,or any work performed in connection therewith shall be borne by the Bidder. 1.25. DEBARMENT AND SUSPENSIONS(SECTION 18-107)- A.Authority and requirement to debar/suspend.After reasonable notice to an actual or prospective Contractual Party,and after reasonable opportunity for such party to be heard,the City Manager,after consultation with the Chief Procurement Officer and the City Attorney,shall have the authority to debar a Contractual Party,for the causes listed below, from consideration for award of City Contracts. The debarment shall be for a period of not fewer than three (3)years.The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of City Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar/suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager,the City Attorney,and the City Commission. B.Causes for debarment/suspension.Causes for debarment or suspension include the following: 1)Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract,or incident to the performance of such Contract or subcontract. 4/23/2021 8:09 AM Page 1069 o .' 906 City of Miami Solicitation 1301386 2)Conviction under state or federal statutes of embezzlement, theft, forgery,bribery, falsification or destruction of records,receiving stolen property,or any other offense indicating a lack of business integrity or business honesty. 3)Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. 4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non- responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract,provided that failure to perform caused by acts beyond the control of a parry shall not be considered a basis for debarment/suspension. 5)Debarment/suspension of the Contractual Party by any federal,state or other governmental entity. 6)False certification pursuant to paragraph C below. 7)Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. 8)Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. 9)Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. C.Certification.All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph(b)(5). D.Debarment and suspension decisions. Subject to the provisions of paragraph(a),the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party,along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS - An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public entity; may not submit a Response to a solicitation with a public entity for the construction or repair of a public building or public work;may not submit response 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. 1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall include any failure on the part of the Successful Bidder/Contractor to accept the award,to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated. Upon default by the Successful Bidder/Contractor to meet any terms of a Contract,the City will notify the Successful Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and holidays excluded)upon notification,by the City,to remedy the default.Failure by the Successful Bidder/Contractor to correct the default within the required three (3)days, shall result in the Contract being terminated upon the City notifying in writing the Successful Bidder/Contractor of its intentions and the effective date of the termination. The following shall constitute default: A.Failure to perform the work or deliver the goods/services required under the Contract, and/or within the time required, or failing to use the subcontractors, entities, and personnel as identified and set forth, and to the degree specified in the Contract. 4/23/2021 8:09 AM Page 1070 o .' 906 City of Miami Solicitation 1301386 B.Failure to begin the work under this Contract within the time specified. C.Failure to perform the work with sufficient workers and equipment, or with sufficient materials to ensure timely completion. D.Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E.Becoming insolvent,being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the Successful Bidder/Contractor incapable of performing the work in accordance with,and as required by the Contract. F.Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default,or a default incurred beyond the time limits stated, together with the cost of completing the work,shall be deducted from any monies due,or which may become due on this Contract to the Successful Bidder/Contractor. 1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY-Each Bid will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A.Responsive Bid is one which follows the requirements of the Formal Solicitation, includes all documentation, is submitted in the format outlined in the Formal Solicitation,is of timely submission,and has appropriate signatures as required on each document.Failure to comply with these requirements may deem a Bid non-responsive. B.Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who has the capability, as determined under Section 18-95 of the City Code,in all respects to fully perform the Contract requirements,and the integrity and reliability of which give reasonable assurance of good faith and performance. 1)Bids will only be considered from any person or firm who are regularly engaged in the business of providing the good(s)/service(s)required by the Formal Solicitation. Bidder must be able to demonstrate a satisfactory record of performance and integrity, and have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. 2)The City may consider any information available regarding the financial, technical, and other qualifications and abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in making the award. 3)The City may require the Bidder(s) to provide documentation that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply,if required by the Formal Solicitation. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT-Discount prices offered in the Response shall be fixed after the award of a Contract by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts, off the original prices quoted in the Response, will be accepted from Successful Bidder/Contractor during the term of the Contract.Such discounts shall remain in effect for a minimum of one hundred and eighty(180)days from approval by the City Commission.Any discounts offered by a manufacturer to Successful Bidder/Contractor will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal Solicitation,or Addenda(as applicable),should be reported in writing to the City's Procurement Department. Should it be found necessary,a written Addendum will be incorporated in the Formal Solicitation and will become part of the Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or 4/23/2021 8:09 AM Page 1071 o .' 906 City of Miami Solicitation 1301386 other communications. A.Order of Precedence.Any inconsistency in this Formal Solicitation shall be resolved by giving precedence to the following documents,the first of such list being the governing documents. 1) Addenda(if applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT-The Bid Contract consists of any amendments to the Bid Contract,the Formal Solicitation,including any addenda,Bidder's Response and any written agreement entered into by the City of Miami and Successful Bidder/Contractor, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations,understanding, and representations,if any, made by and between the parties. To the extent that the Bid Contract conflicts with,modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the City and Successful Bidder/Contractor. 1.33. ESTIMATED QUANTITIES — Estimated quantities or dollars are provided for the Bidder's guidance only: (a)estimates are based on the City's anticipated needs and/or usage during a previous contract period and;(b)the City may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government,quasi-government or non-profit entities utilizing this Contract.No guarantee is expressed or implied as to quantities that will be purchased during the Contract period.The City is not obligated to place an order for any given amount subsequent to the award of the Contract. Said estimates may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES— A.Rejection of Bids.The City may reject a Bid for any of the following reasons: 1)Bidder fails to acknowledge receipt of addenda; 2)Bidder misstates or conceals any material fact in the Bid; 3)Bid does not conform to the requirements of the Formal Solicitation; 4)Bid requires a conditional award that conflicts with the method of award; 5)Bid does not include required samples,certificates,licenses; and, 6)Bid was not executed by the Bidder's authorized agent. The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject,and/or re- advertise for all or any portion of the Formal Solicitation,whenever it is deemed in the best interest of the City. B.Elimination from Consideration. 1)A Bid Contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2)A Bid Contract may not be awarded to any person or firm which has failed to perform under the terms and conditions 4/23/2021 8:09 AM Page 1072 0 ' 906 City of Miami Solicitation 1301386 of any previous contract with the City or failed to deliver on time,under contracts of a similar nature. 3)A Bid contract may not be awarded to any person or firm who has been debarred by the City,in accordance with the City's Debarment and Suspension Ordinance (Section 18-107),or is currently debarred by the State of Florida or any political subdivision,or is on the convicted vendor's list per Section 287.133,Florida Statutes. 1.35. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to the General Terms and/or Special Conditions shall be cause for a Bid to be considered non-responsive. 1.36. Freight on Board (F.O.B) DESTINATION-Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the Bidder must be F.O.B. DESTINATION,inside delivery,with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of Bid. 1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance,or resulting purchase orders,or Bid Contracts. 1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE- A Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida.Accordingly,it is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index("CPI") for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor.Each adjusted minimum wage rate calculated,shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January i st. It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Bid Contract. If impacted, Bidder must provide,with its bid, employee name(s),job title(s),job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City reserves the right to request and the Successful Bidder/Contractor must provide for any,and all information to make a wage and contractual price increase(s)determination. B. City of Miami Living Wage Ordinance.The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and awarded on,or after January 1,2017 by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as Attachment A.Please see provisions in Attachment A. If a solicitation requires services,effective on January 1,2017,Contractors must pay to all its employees,who provide services,a living wage of no less than$15.00 per hour without health benefits;or a wage of no less than $13.19 an hour,with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance.Please review Attachment A,attached hereto,for a complete and thorough description of the City of Miami Living Wage Ordinance. 4/23/2021 8:09 AM Page 1073 o .' 906 City of Miami Solicitation 1301386 1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or arbitration arising out of the Bid Contract shall take place in Miami-Dade County,Florida.In any action orproceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending,or affecting in any way,the expressed terms and conditions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm, or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information(IIHI),and/or Protected Health Information(PHI),shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and the City of Miami Privacy Standards. HIPAA mandates for privacy,security,and electronic transfer standards,which include,but are not limited to: A.Use of information only for performing services required by the contract or as required by law; B.Use of appropriate safeguards to prevent non-permitted disclosures; C.Reporting to the City of Miami of any non-permitted use or disclosure; D.Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder and reasonable assurances that IIHI/PHI will be held confidential; E.Making PHI available to the customer; F.Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G.Making PHI available to the City of Miami for an accounting of disclosures;and H.Making internal practices,books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission(i.e.,paper records, and/or electronic transfer of data). The Successful Bidder/Contractor must give its customers written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION-Successful Bidder/Contractor shall indemnify,hold and save harmless, and defend(at its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses,judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this Contract.The Successful Bidder/Contractor shall further,hold the City,its officials and employees,indemnify,save and hold harmless for, and defend(at its own cost),the City its officials and/or employees against any civil actions, statutory or similar claims,injuries or damages arising or resulting from the permitted Work,even if it is alleged that the City,its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand,the Successful Bidder/Contractor shall,upon written notice from the City,resist and defend such action or proceeding by counsel satisfactory to the City.The Successful Bidder/Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder/Contractor shall in no way limit the responsibility to indemnify,keep and save harmless and defend 4/23/2021 8:09 AM Page 1074 01906 City of Miami Solicitation 1301386 the City or its officers,employees,agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder/Contractor to defend,at its own expense,to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City,whether performed by the Successful Bidder/Contractor,or persons employed or utilized by the Successful Bidder/Contractor. These duties will survive the cancellation or expiration of the Contract.This Section will be interpreted under the laws of the State of Florida,including without limitation and interpretation,which conforms to the limitations of Sections 725.06 and/or 725.08,Florida Statutes,as applicable and as amended. Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each sub-contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder/Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder/Contractor in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor,the City,in no way,assumes or shares any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification,the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder/Contractor. 1.43.FORMATION AND DESCRIPTIVE LITERATURE-Bidders must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder must submit for evaluation,cuts,sketches,descriptive literature,technical specifications,and Material Safety Data Sheets(MSDS)as required,covering the products offered.Reference to literature submitted with a previous bid,or on file with the City, will not satisfy this provision. 1.44.INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful Bidder's/Contractor's facilities and perform such tests,as the City deems reasonably necessary,to determine whether the goods and/or services required to be provided by the Successful Bidder/Contractor, under the Bid Contract conform to the terms and conditions of the Formal Solicitation. Successful Bidder/Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives.All tests and inspections shall be subject to,and made in accordance with,the provisions of the City of Miami Ordinance No. 12271 (Section 18-101)City Code,as same may be amended or supplemented,from time to time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are deemed as being incorporated by reference as supplemental terms. 1.45.INSPECTION OF BID-Bids received by the City,pursuant to a Formal Solicitation,will not be made available until such time as the City provides notice of a decision, or intended decision, or within 30 days after bid closing, whichever is earlier. Bid results will be tabulated and may be furnished upon request,via fax or e-mail,to the City's Procurement Contracting Officer,issuing the Formal Solicitation.Tabulations are also available on the City's website following a recommendation for award. 1.46.INSURANCE-Within ten(10)days after receipt of Notice of Award,the Successful Bidder/Contractor,shall furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled"Insurance Requirements".The City shall be listed as an"Additional Insured." 4/23/2021 8:09 AM Page 1075 o J 06 City of Miami Solicitation 1301386 Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the certificate of insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation,the Successful Bidder/Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Successful Bidder/Contractor fails to submit the required insurance documents in the manner prescribed in the Formal Solicitation within fifteen(15)calendar days after receipt of the Notice of Award,the Successful Bidder/Contractor shall be in default of the contractual terms and conditions and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130,305-416-1384. The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and extensions that may be exercised by the City. 1.47.INVOICES-Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order number and description of goods and/or services delivered (i.e., quantity, unit price, extended price, etc.); and in compliance with Chapter 218 of the Florida Statutes(Prompt Payment Act). 1.48.LOCAL PREFERENCE -City Code Section 18-85, states, "when a responsive,responsible non-local Bidder submits the lowest bid price,and the bid submitted by one or more responsive,responsible local Bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non-local Bidder,then that non-local Bidder and each of the aforementioned responsive,responsible local Bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non-local Bidder. Contract award shall be made to the lowest responsive,responsible Bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local Bidder and a non-local Bidder, contract award shall be made to the local Bidder." 1.49.MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate Manufacturer's Certification of all statements made in the Bid.Failure to provide such certification may result in the rejection of the Bid,or termination of the Bid Contract,for which the Bidder/Successful Bidder/Contractor shall bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable, shall be binding upon the City,unless made in writing by the City's Director of Procurement through the issuance of a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as applicable. 1.51.MOST FAVORED NATIONS-Successful Proposer shall not treat the City of Miami("City")worse than any other similarly-situated local government and,in this regard,grants the City a"most favored nations clause"meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful Bidder/Proposer grants now or in the future to a similarly situated local government. 1.52.NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or construed to create a partnership or joint venture between the City and Successful Bidder/Contractor,or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or by other appropriate testing laboratories as determined by the City. The data derived from any test for compliance with specifications is public record, and open to examination thereto in accordance with Chapter 119, Florida Statutes. 4/23/2021 8:09 AM Page 1076 o 1906 City of Miami Solicitation 1301386 Items delivered,not conforming to specifications may be rejected, and returned at Successful Bidder's/Contractor's expense. The non-conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re- procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list. 1.54. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race, gender,color,age,religion,national origin,marital status,or disability,in connection with its performance under the Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individual shall solely by reason of their race,gender,color,age,religion,national origin,marital status or disability be excluded from the participation in,be denied benefits of,or be subjected to,discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age, religion,national origin, marital status or disability. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55.NON-EXCLUSIVE CONTRACT/PIGGYBACK PROVISION - At such times as may serve in the City's best interest,the City reserves the right to advertise for,receive, and award additional contracts for the goods and/or services described herein,and to make use of other competitively bid(governmental)contracts,agreements,or other similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with the applicable provisions of the City of Miami Procurement Ordinance. It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful Bidder(s)/Contractor(s)to receive all orders that may be generated by the City, in conjunction with the Formal Solicitation. In addition, any and all goods, and/or services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under the Formal Solicitation,unless such purchases are determined to be in the best interest of the City. 1.56. NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request for Proposals(RFP),invitation to bid(ITB),invitation for bids(IFB),invitation to quote(ITQ),Requests for Letters of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non-responsive determination. any solicitation issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities,deficiencies,and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city. material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the city. BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS IFB SHALL RESULT IN A NON-RESPONSIVE DETERMINATION. The City will not give consideration to the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB.Proposer understands that non-responsive Bids will not be evaluated. 1.57. OCCUPATIONAL LICENSE/BUSINESS TAX RECEIPT-Any person,firm,corporation,or joint venture, with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be 4/23/2021 8:09 AM Page 1077 o 1906 City of Miami Solicitation 1301386 submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to provide the Occupational License/Business Tax Receipt to the City during the evaluation period,but prior to award. A Certificate of Use("CU")will be required if applicable under City regulations. 1.58.ONE PROPOSAL- Only one (1)Bid from an individual, firm,partnership,corporation,or joint venture will be considered in response to the Formal Solicitation,unless otherwise stipulated in the Formal Solicitation. 1.59. OWNERSHIP OF DOCUMENTS-It is understood by and between the parties,that any documents,records, files,or any other matter whatsoever,which is given by the City to the Successful Bidder/Contractor,pursuant to the Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful Bidder/Contractor for any other purposes whatsoever,without the written consent of the City. 1.60.PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or circumstance, shall to any extent be held invalid,then the remainder of the Bid Contract or,the application of such provision to persons or circumstances other than those as to which it is held invalid,shall not be affected thereby,and each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law. 1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of the Bid Contract,in an amount equal to one hundred percent (100%)of the Bid Contract price.Any bond furnished will comply with Florida Law,and be in a form acceptable to the City of Miami Risk Management Director. 1.62.PREPARATION OF BIDS-Bidders are expected to examine the specifications,required delivery,drawings, and all special and general conditions. A.Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print, type or manually enter the all requested information,sign and upload the Certification Statement. B.If so required,the unit price for each unit offered,shall be shown,and such price shall include packaging,handling and shipping, and F.O.B. Miami delivery inside City premises, unless otherwise specified. Bidder shall include in their Bid all taxes,insurance,social security(if applicable),workmen's compensation,and any other benefits normally paid by the Bidder to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item.Based upon estimated quantity,an extended price shall be entered in the"Extended Price"column for each item offered. In case of a discrepancy between the unit price and extended price,the unit price will prevail. C.The Bidder must state a definite time,if required,in calendar days,for delivery of goods and/or services. D.The Bidder should retain a copy of all response documents for future reference. E.All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the Bidder's name,and by an officer or employee having authority to represent the Bidder by their signature.Bids having any erasures or corrections,must be initialed in ink by person signing the Certification Statement or the Bid may be rejected. F.Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful Bidder's/Contractor's Bid,may be included as part of the Bid Contract,at the City's discretion. G.The City 's Bid Forms shall be used when Bidder is submitting its Bid.Use of any other forms,will result in the rejection of the Bid. 1.63.PRICE ADJUSTMENTS-Any price decrease effectuated during the Bid Contract period,either by reason of 4/23/2021 8:09 AM Page 1078 o .1 06 City of Miami Solicitation 1301386 market change,or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City. 1.64. PRODUCT SUBSTITUTES-In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Bid Contract,the Successful Bidder/Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower,provided that a sample is approved in advance of delivery,and that the new product meets or exceeds all quality requirements. 1.65. CONFLICT OF INTEREST,AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS-Successful Bidder/Contractor represents and warrants to the City,that it has not employed,or retained any person, or company employed by the City to solicit or secure the Bid Contract and that the Successful Bidder/Contractor has not offered to pay,paid,or agreed to pay any person any fee,commission,percentage,brokerage fee,or gift of any kind contingent upon,or in connection with,the award of the Bid Contract. 1.66.PROMPT PAYMENT—Bidders may offer a cash discount for prompt payment;however,discounts shall not be considered in determining the lowest net cost for Bid evaluation purposes. Bidders are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered,the Bidder must enter zero (0) for the percentage discount to indicate no discount.If the Bidder fails to enter a percentage,it is understood and agreed that the terms shall be two percent(2%), 20 days,effective after receipt of invoice or final acceptance by the City,whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice,whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized.If a discount is part of the contract,but the invoice does not reflect the existence of a cash discount,the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from Successful Bidder(s)during the term of the contract.The City will comply with the Florida Prompt Payment Act,as applicable. 1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property furnished to a Successful Bidder/Contractor for repair,modification, study, etc., shall remain the property of the City. Damages to such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss,the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market value,less depreciation of the property,if any. 1.68. PROVISIONS BINDING-Except as otherwise expressly provided in the resultant Bid Contract,all covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs,legal representatives,successors,and assigns. 1.69. PUBLIC ENTITY CRIMES-A person or affiliate who has been placed on the convicted vendor list,following a conviction for a public entity crime may not: A.Submit a Bid to provide any goods or services to a public entity. B.Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work. C. Submit responses on leases of real property to a public entity. D. Be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity. 4/23/2021 8:09 AM Page 1079 01906 City of Miami Solicitation 1301386 E. 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. 1.70. PUBLIC RECORDS — Successful Bidder/Contractor understands that the public shall have access, at all reasonable times,to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119,Florida Statutes,and City Code,Section 18,Article III,and agrees to allow access by the City and the public, to all documents subject to disclosure under applicable law.Successful Bidder/Contractor shall additionally comply with the provisions of Section 119.0701,Florida Statutes,titled"Contracts;public records". Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: A.Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service. B.Provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119,Florida Statutes,or as otherwise provided by law. C.Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law. D.Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements. E. All electronically stored public records must be provided to the City in a format compatible with the City's information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY,444 SW 2ND AVENUE,9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the immediate cancellation of the Bid Contract by the City. 1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the manufacturing,or construction of supplies,or materials,covered by the Formal Solicitation shall be new. The items bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in the Formal Solicitation. 1.72. QUALITY OF WORKISERVICES - The work/services performed shall be of the highest quality and workmanship.Materials furnished to complete the service shall be new and of the highest quality,except as otherwise specified in the Formal Solicitation. 1.73.REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined that a Formal Solicitation or proposed bid award is in violation of law,then the Formal Solicitation or proposed bid award shall be cancelled and all bids rejected by the City Commission,the City Manager,or the Chief Procurement Officer,as may be applicable,or revised to comply with the law. 4/23/2021 8:09 AM Page 1080 o 1906 City of Miami Solicitation 1301386 1.74.RESOLUTION OF CONTRACT DISPUTES (SECTION 18-105): A.Authority to resolve Contract disputes.The City Manager,after obtaining the approval of the City Attorney,shall have the authority to resolve disputes between the Successful Bidder/Contractor and the City which arise under,or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends,without limitation,to disputes based upon breach of Contract, mistake, misrepresentation, or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. B.Contract dispute decisions.If a dispute is not resolved by mutual consent,the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission,or the City Manager,which shall be final and conclusive.A copy of the decision shall be immediately provided to the protesting party,along with a notice of such party's right to seek judicial relief,provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this Section. 1.75.RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS(SECTION 18-104): (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services,the estimated cost of which does not exceed$25,000.00. Protests thereon shall be governed by the administrative policies and procedures of purchasing. (1) Protest of solicitation. a. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the request for proposals,request for qualifications or request for letters of interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the chief procurement officer;or b. Any prospective bidder who intends to contest bid specifications or a bid solicitation may protest to the chief procurement officer.A written notice of intent to file a protest shall be filed with the chief procurement officer within three days after the bid solicitation is published in a newspaper of general circulation.A notice of intent to file a protest is considered filed when received by the chief procurement officer. (2) Protest of award. a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of contract may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the proposer of the notice of the city manager's recommendation for award of contract.The receipt by proposer of such notice shall be confirmed by the city by facsimile or electronic mail or U.S.mail,return receipt requested.A notice of intent to file a protest is considered filed when received by the chief procurement officer;or b. Any actual responsive and responsible bidder whose bid is lower than that of the recommended bidder may protest to the chief procurement officer. A written notice of intent to file a protest shall be filed with the chief procurement officer within two days after receipt by the bidder of the notice of the city's determination of non- responsiveness or non-responsibility.The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail,return receipt requested. A notice of intent to file a protest is considered filed when received by the chief procurement officer. 4/23/2021 8:09 AM Page 1081 01906 City of Miami Solicitation 1301386 c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five days after the date the notice of protest was filed. A written protest is considered filed when received by the chief procurement officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in subsection(f).This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the chief procurement officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail.In computing any period of time prescribed or allowed by this section,the day of the act,event or default from which the designated period of time begins to run shall not be included.The last day of the period so computed shall be included unless it is a Saturday,Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday,Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests;hearing officer(s). Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City Code. The city manager shall appoint a hearing officer,from a separate list of potential hearing officers pre-approved by the city commission,to resolve protests filed in accordance with this section,no later than five working days following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified within ten days after he/she holds a hearing under the protest. (1) Hearing officer. The hearing officer may be a special master as defined in chapter 2,article X,section 2-811 of the City Code,or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given to a lawyer who has served as an appellate or trial court judge.The hearing officer may be appointed from alternative sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers appointed in the pre-qualified group should be scheduled to hear protests on a rotational basis. (2) Right of protest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice of intent to protest followed by an actual protest as provided in subsection 18-104(a).The notice of intent to protest and the actual protest must each be timely received by the chief procurement officer and must comply with all requirements set forth in subsection 18-104(a).Failure to submit the required notice of intent to protest and the actual protest within the specified timeframes will result in an administrative dismissal of the protest. (3) Hearing date. Within 30 days of receipt of the notice of protest,the chief procurement officer shall schedule a hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate why the decision of the city relative to the solicitation or the award,which may include a recommendation for award by the city manager to the city commission,as applicable, should be overturned. The party recommended for award, if it is a protest of award,shall have a right to intervene and be heard. (4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows: 4/23/2021 8:09 AM Page 1082 o 1906 City of Miami Solicitation 1301386 a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the hearing. The notice of hearing shall be sent by certified mail,return receipt requested,to the mailing address of the protester. b. The party,any intervenor,and the city shall each have the right to be represented by counsel,to call and examine witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest hearing for good cause shown,but such an extension shall not exceed an additional five business days. The hearing officer shall consider the written protest and supporting documents and evidence appended thereto, supporting documents or evidence from any intervenor,and the decision or recommendation as to the solicitation or award being protested,as applicable.The protesting party,and any intervenor,must file all pertinent documents supporting his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response.When there is an intervenor,a maximum of two hours will be added for the intervenor.In the event of multiple protests for the same project,the hearing officer shall allocate time as necessary to ensure that the hearing shall not exceed a total of one day. c. The hearing officer shall consider the evidence presented at the hearing.In any hearing before the hearing officer, irrelevant,immaterial,repetitious, scandalous,or frivolous evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written summaries,proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the hearing and issue a final order within the time limits set forth by this section. d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence as a whole.Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. e. Within ten days from the date of the hearing,the hearing officer shall complete and submit to the City Manager, the City Attorney,any intervenor,the Chief Procurement Officer,and the person requesting said hearing a final order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as applicable. f. The decisions of the hearing officer are final in terms of city decisions relative to the protest. Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of Appellate Procedure. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required filing fee as provided in subsection (f), with the chief procurement officer within the time provided in subsection(a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section. (d) Stay of procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section,the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the chief procurement officer or the city commission as provided in subsection(b)above,unless the city manager makes a written determination that 4/23/2021 8:09 AM Page 1083 01906 City of Miami Solicitation 1301386 the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the public health,safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract,or$5,000.00,whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding.If a protest is upheld by the chief procurement officer and/or the city commission, as applicable,the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection(e)above. (Ord.No. 12271, § 2, 8-22-02; Ord.No. 13629, §2,9-8-16) 1.76.SAMPLES-Samples of items,when required,must be submitted within the time specified at no expense to the City. If not destroyed by testing,Bidder(s)will be notified by the City to remove such samples,at Bidder's expense, within 30 days after notification.Failure to remove the samples will result in such samples becoming the property of the City. 1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor shall not sell, assign,transfer,or subcontract at any time during the term of the Contract,the Contract itself, or any portion thereof,or any part of its operations,or assign, sell,pledge,dispose,convey,or encumber any portion of the performance required by this Bid Contract, except under, and by virtue of written permission granted by the City through the proper officials,which may be withheld or conditioned,in the City's sole discretion. 1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and replacements that will be provided.Bidders must explain on the Bid to what extent warranty and service facilities are available.A copy of the manufacturer's warranty,if applicable,should be submitted with Bidder's response. 1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any supplemental scope of work/specification as to any detail or the omission from it,of detailed description concerning any point,shall be regarded as meaning that only the best commercial practices are to prevail,and that only materials of first quality and correct type,size,and design shall be used.All workmanship and services shall be first quality. All interpretations of the scope of work/specifications shall be made upon the basis of this statement. If Bidder has a current contract with the State of Florida,Department of General Services,to supply the items in the Formal Solicitation,the Bidder shall quote not more than the contract price; failure to comply with this request will result in disqualification of the Bid. 1.80.SUBMISSION AND RECEIPT OF BIDS- Electronic Bid submittals to this IFB are to be submitted through BidSync Electronic Bidding System(`BidSync")until the date and time as indicated in the Solicitation. The responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be attached as individual files and labeled. Any Bids received and 4/23/2021 8:09 AM Page 1084 ot.1,906 City of Miami Solicitation 1301386 time stamped through BidSync, prior to the Bid submittal deadline shall be accepted as timely submittal anything thereafter will be rejected. Additionally,BidSync will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly at the time and date specified. All expenses involved with the preparation and submission of Bids to the City,or any work performed in connection therewith,shall be borne by the Bidder(s).Accordingly,Bidder(s): 1. Must register, free of charge,with BidSync Electronic Bidding System(`BidSync")to establish an account in order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement Department ("City„). 2. Shall submit all Bids electronically.Hard copy Bid submittals will not be accepted.NO EXCEPTIONS. 3. Must submit the Certification Statement and associated solicitation documents which define requirements of items and/or services to be purchased and must be completed and submitted as outlined within the solicitation via BidSync.The use of any other forms and/or the modification of City forms will result in the rejection of the Bidder's Bid submittal. 4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply with these requirements may cause the Bid to be rejected. 5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID NON- RESPONSIVE. 6. May be considered non-responsive if Bids do not conform to the terms and conditions of this solicitation. 1.81.TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request.Notwithstanding,Bidders should be aware that all materials and supplies that are purchased by the Bidder for the completion of the Bid Contract is subject to the Florida State Sales Tax in accordance with Section 212.08,Florida Statutes, as amended, and all amendments thereto, and shall be paid solely by the Bidder. 1.82.TERMINATION-The City Manager,on behalf of the City,reserves the right to terminate the Bid Contract by written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the following apply: A.The Successful Bidder/Contractor is determined by the City,to be in breach of any of the terms and conditions of the Bid Contract. B.The City has determined that such termination will be in the best interest of the City,to terminate the Bid Contract for its own convenience; C.Funds are not available to cover the cost of the contracted goods and/or services.The City's obligation is contingent upon the availability of appropriate funds. 1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been received,inspected,and found to comply with award specifications,free of damage,or defect,and properly invoiced. Payment will be made after delivery,within forty-five (45)days of receipt of an invoice, and authorized inspection and acceptance of the goods/services,and pursuant to Section 218.74,Florida Statutes,and other applicable law. 1.84. TIMELY DELIVERY-Time will be of the essence for any orders placed as a result of the Formal Solicitation. The City reserves the right to cancel such orders,or any part thereof,without obligation,if delivery is not made within the time(s)specified in the Bid.Deliveries shall be made during regular City business hours,unless otherwise specified in the Special Conditions. 4/23/2021 8:09 AM Page 1085 ot.JR06 City of Miami Solicitation 1301386 1.85.TITLE-Title to the goods shall not pass to the City until after the City has inspected and accepted the goods or used the goods,whichever comes first. 1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE-All Bids submitted to the City are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for"trade secrets."If the Bid contains information that constitutes a"trade secret",all material that qualifies for exemption from Chapter 119,must be submitted in a separate envelope,clearly identified as"TRADE SECRETS EXCEPTION,"with Bidder's name,the Formal Solicitation number,and title marked on the outside. Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person. By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold harmless the City for any award to a plaintiff for damages,costs,or attorney's fees and for costs and attorney's fees, incurred by the City,by reason of any legal action challenging Bidder's claim. 1.87.UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor any of their employees shall perform any work,or deliver any goods,unless a change order or purchase order is issued and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful Bidder's/Contractor's employee(s)not otherwise previously authorized. 1.88.USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion, or other publicity materials containing information obtained from the Formal Solicitation shall be mentioned,or imply the name of the City,without prior express written permission from the City Manager,or the City Commission. 1.89.VARIATIONS OF SPECIFICATIONS -For purposes of the Formal Solicitation evaluation,Bidder(s)must indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal Solicitation's scope of work/specifications. 4/23/2021 8:09 AM Page 1086 o W06 City of Miami Solicitation 1301386 2.Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the purchase and installation of Municipal Vehicle Equipment, Citywide, on an as needed basis as specified herein, from a source(s), fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted electronically via the Bidsync Portal.All questions must be received no later than Monday,April 19,2021 g 3:00 p.m. All responses to questions will be sent to all prospective Bidders in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE A Virtual Voluntary pre-bid conference will be held on Tuesday, April 13, 2021 @ 2:00 p.m.,via Microsoft Teams Click here to join the meeting or via phone+1786-598-296 1,Conference ID: 137 446 3404 A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required,prior to submitting a Proposal,to acquaint itself thoroughly with any and all conditions and/or requirements that may in any manner affect the work to be performed. All questions and answers affecting the scope of work/specifications of the IFB will be included in an addendum,that will be distributed through BidSync,following the Pre-Proposal Conference to all the attendees. Because the City considers the Pre-Proposal Conference to be critical to understanding the Solicitation requirements,attendance is highly recommended. 2.4. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three(3)years with the option to renew for one(1)additional two(2)year period,subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative;not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.5. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications,terms and conditions established herein. (2) Availability of funds 2.6. NON-APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to the Successful Bidder(s) or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City.No guarantee,warranty or representation is made that any project(s)will be awarded to any firm(s). 2.7. METHOD OF AWARD Award of this contract will be made to all responsive and responsible Bidder(s) who offer(s)the highest percentage discount for the Manufacturers Price Catalogs,and the lowest Hourly Labor Rates for the installation of the equipment. Whenever more than one(1)Successful Bidder offers the same Manufacturer Price Percent Discount,the City will add the total cost of the discounted part(s) and total cost of the labor rate required for the installation of the part(s) to determine the lowest price for that line item(s). 4/23/2021 8:09 AM Page 1087 o ',906 City of Miami Solicitation 1301386 Bidder(s)may provide an all-inclusive price for window tinting services.Window tinting services,will be issued to the Bidder(s)performing other contracted work on the unit(s),and not be issued as standalone work. 2.8. SUBMISSION REQUIREMENTS Please refer to Section 1.80, Notice Regarding "Submission and Receipts of Bids" of the General Terms and Conditions of this Solicitation. 23. REFERENCES Each bid must be accompanied by a list of three (3) references, as reflected in the Certifications Section of this Solicitation,which shall include the name of the company,dates of contract,description of goods/services supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.10. TIE BIDS Whenever two or more Bids which are equal with respect to price,quality and service are received by the City 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,oruse of a controlled substance is prohibited in the workplace and specifying the action 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'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 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 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. 2.11. CURES Please refer to Section 1.56,Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation. 2.12. BIDDER'S MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services 4/23/2021 8:09 AM Page 1088 0 ' 06 City of Miami Solicitation 1301386 as described in this Bid;that have a record of performance for the last two(2)consecutive years with same FEI number; and that have sufficient financial support,equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated.Bidder shall: (1)Be authorized to install the manufacturer's products and shall be(or its Subcontractor)a local installer(Miami Dade County or Broward County). (2)Be authorized reseller for the items offered and shall provide a current,dated,and signed official authorization letter from the manufacturer stating that the Bidder is an authorized distributor, dealer or service representative and is authorized to sell and install the manufacturer's products. Failure to upload the manufacturer's authorization letter shall deem the bid non-responsive. (3)Not have any member,officer,or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. (4)Have no record of pending lawsuits or criminal activities and have not been declared bankrupt within the last three (3)years. 2.13. INSURANCE REQUIREMENTS INDEMNIFICATION Successful Bidder(s) shall indemnify,hold and save harmless, and defend (at its own cost and expense),the City, its officers,agents,directors,and/or employees,from all liabilities,damages,losses,judgements,and costs,including,but not limited to,reasonable attorney's fees,to the extent caused by the negligence,recklessness,negligent act or omission, or intentional wrongful misconduct of Successful Bidder(s)and persons employed or utilized by Successful Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials and employees, indemnify,save and hold harmless for,and defend(at its own cost),the City its officials and/or employees against any civil actions,statutory or similar claims,injuries or damages arising or resulting from the permitted Work,even if it is alleged that the City,its officials,and/or employees were negligent.In the event that any action or proceeding is brought against the City by reason of any such claim or demand,the Successful Bidder(s) shall,upon written notice from the City,resist and defend such action or proceeding by counsel satisfactory to the City.The Successful Bidder(s)expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder(s) shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers,employees,agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder(s)to defend,at its own expense,to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful Bidder(s). These duties will survive the cancellation or expiration of the Contract.This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation,which conforms to the limitations of Sections 725.06 and/or 725.08,Florida Statutes,as applicable and as amended. Successful Bidder(s) shall require all sub-contractor agreements to include a provision that each sub-contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder(s)agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder(s)in which the City participated either through review or concurrence of the Successful Bidder's actions.In reviewing,approving or rejecting any submissions by the Successful Bidder(s)or other acts of the Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s) or sub- contractor under this Contract. Ten dollars($10)of the payments made by the City constitute separate,distinct,and independent consideration for the 4/23/2021 8:09 AM Page 1089 0 ' 06 City of Miami Solicitation 1301386 granting of this Indemnification,the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder(s). The Successful Bidder(s)hereby accepts and assumes full responsibility for all risk of loss,theft,damage or destruction to the Successful Bidder's business personal property or inventory in connection with this solicitation. It is hereby agreed and understood,that the City shall not be responsible or liable for any theft,destruction, damage,or losses of any kind and nature whatsoever. The Successful Bidder(s) further agrees that the City shall not be required to compensate the Successful Bidder(s)for any such losses and assumes all liability in connection therein. The Successful Bidder(s)shall furnish to City of Miami,c/o Procurement Department,444 SW 2nd Avenue,6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence-$1,000,000 General Aggregate Limit-$2,000,000 Products/Completed Operations-$1,000,000 Personal and Advertising Injury -$1,000,000 B. Endorsements Required City of Miami listed as an additional insured Contingent and Contractual Liability Explosion,Collapse and Underground Hazard Primary Insurance Clause IL Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired,Borrowed or Non-Owned Autos Any One Accident-$1.000.000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory-State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident,each accident. 4/23/2021 8:09 AM Page 1090 o.' 06 City of Miami Solicitation 1301386 $1,000,000 for bodily injury caused by disease,each employee $1,000,000 for bodily injury caused by disease,policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida,with the following qualifications,shall issue all insurance policies required above: The company must be rated no less than"A-"as to management, and no less than"Class V"as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. (See Insurance Addendum in Document Section). 2.14. FACILITY LOCATION The facility where work is to be performed must be within Miami-Dade or Broward County. Bidder shall provide the service/equipment installation facility address in the Certifications Section of this Solicitation. 2.15. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s).No down or partial down payments will be made. 2.16. ADDITIONS/DELETIONS OF SUPPLIERS/FACILITIES/ITEMS/SERVICES Although this Solicitation identifies Suppliers/Facilities/Items/Services to be addressed, it is hereby agreed and understood that any Suppliers/Facilities/Items/Services may be added/deleted to/from this Contract at the sole discretion of the City.When an addition to the Contract is required,the Successful Bidder(s)under this Contract shall be invited to submit price quotes for these new items/services. If these quotes are comparable with market prices offered for similar items/services,they shall be added to the Contract whichever is in the best interest of the City and an addendum and a separate purchase order shall be issued by the City. 2.17. PRIMARY CLIENT(FIRST PRIORITY) The Successful Bidder(s)agree upon award of this Contract that the City of Miami shall be its primary client and shall be serviced first during a schedule conflict arising between this Contract and any other Contract Successful Bidder(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes,hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. 2.18. PROJECT MANAGER Upon award, Successful Bidder(s)shall report and work directly with John Babos,Fleet Superintendent,or designee, who shall be designated as the Project Manager for the City. 2.19. COMPLETED WORK The City shall be notified by the Successful Bidder(s)upon completion of work. The City shall inspect and approve same before authorizing payment.Work not satisfactorily completed shall be redone by the Successful Bidder(s)at no additional charge to the City. 4/23/2021 8:09 AM Page 1091 ot.1,906 City of Miami Solicitation 1301386 2.20. CATALOG DISCOUNTS Bids shall be submitted on the basis of a discount from selected manufacturer's published price list(s). Such published price list(s) must be common to, and accepted by, the industry in general. The lists must be printed, properly identified,and dated as to issuance and effectiveness. 2.21. FIXED AND FIRM PRICING All prices quoted annually for the originally submitted Catalogs are fixed and firm for each year of the contract period and all prices quoted for the Installation Hourly Labor Rate are fixed and firm throughout the whole term of the contract. 2.22. HOURLY LABOR AND INSTALLATION PRICES The discounted hourly labor and installation prices shall include full compensation for all labor,equipment use,travel time and any other cost to the Successful Bidder(s). This rate is established to be at straight time for all labor, except as otherwise noted. It is understood that any portion of an hour will be charged at the nearest quarter hour period. Window tinting services pricing is all-inclusive of all labor,parts and equipment. 2.23. DELIVERY/LIQUIDATED DAMAGES Successful Bidder(s) shall provide and/or install all items at the guaranteed delivery time specified by the City. If the Successful Bidder(s) fails to deliver and install equipment within the specified delivery time, it is understood that $10.00 of the unit price per calendar day per item will be deducted, as liquidated damages, for each day beyond the specified delivery time(not to exceed the total amount of the contract),not as a penalty,but as a form of compensation for the loss of not having the ability to use the product.The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the Successful Bidder(s) under this agreement or to invoice the Successful Bidder(s)for such damages if the costs incurred exceed the amount due to the Successful Bidder(s). 2.24. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder(s)and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder(s) in default of the contract or make appropriate reductions in the contract payment. 2.25. AS OR EQUAL Manufacturer's name,brand name and/or style number when used in these specifications are for the sole purpose of establishing minimum requirements of levels of quality,standards of performance and design required.They are in no way intended to prohibit the bidding of other manufacturer's brands of equal material,quality,design and standards of performance,unless the wording NO SUBSTITUTION is used. Bids on Bidder's equal will be considered provided the Bidder specifies brand model,and the necessary descriptive literature.In the event the City elects to contract for an alternate purported to be an equal by the Bidder,the acceptance of the item will be conditioned on the City's inspection and testing after receipt.If in the sole judgment of the City the item is determined not to be an equal,the material shall be returned at the Successful Bidder's expense. The City reserves the right to provide the Successful Bidder(s) the opportunity to deliver a product of equal quality or terminate the contract in part or in whole and make award to the next lowest responsive,responsible Bidder. 2.26. PATENTS AND ROYALTIES The Successful Bidder(s), without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind,including cost and expenses for or on account of any copyrighted,patented,or unpatented invention,process,or article manufactured by the Successful Bidder(s).The Successful Bidder(s)has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the Successful Bidder(s)or if such claim is based solely and exclusively upon the alteration of the article.The City will provide prompt written notification of a claim of copyright or patent infringement. 4/23/2021 8:09 AM Page 1092 o ',906 City of Miami Solicitation 1301386 Further,if such a claim is made or is pending,the Successful Bidder(s)may, at his/her expense,procure for the City the right to continue use of, replace or modify the article to render it non-infringing. (If none of the alternatives are available,the City will agree to return the article on request to the Successful Bidder(s)and receive reimbursement,if any, as may be determined by a court of competent jurisdiction.)If the Successful Bidder(s)uses any design,device, or materials covered by letters,patents or copyrights,it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such designs, devices, or materials in any way involved in the work. 2.27. INSTALLATION,PICK-UP AND DELIVERY REQUIREMENTS All installations shall be done at either the Successful Bidder's location (Miami-Dade County or Broward County),their sub-contractor's location (Miami-Dade County or Broward County) or at the General Services Administration, Fleet Division location,the Fire Garage or authorized predetermined location within the City of Miami. The Successful Bidder(s) shall indicate the number of calendar days required to furnish and/or install the equipment after receipt of the units at their facility. Time of delivery may be extended for a specific period when the cause of such delay is beyond the control of the Successful Bidder(s)and provided that written notice is given to the City immediately upon knowledge of impending delay. All completed units must be delivered to General Services Administration,Fleet Division location,the Fire Garage or authorized predetermined location within the City of Miami. Failure to comply with the delivery schedule time may result in liquidated damages being accessed as per Section 2.23. 2.28. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The Successful Bidder(s) shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this Bid solicitation. The packing slip shall be attached to the shipping carton(s)which contains the items and shall be made available to the City's authorized representative during delivery.The packing slip or delivery ticket shall include,at a minimum,the following information:purchase order number;date of order; a complete listing of items being delivered; and back-order quantities and estimated delivery of back-orders if applicable. 2.29. SUBCONTRACTORS OF WORK SHALL BE IDENTIFIED As part of this bid,the Bidders are required to identify any and all Subcontractors that will be used in the performance of this proposed contract,their capabilities,experience and the portion of the work to be done by the Subcontractor. Failure to identify any and all Subcontractors in the bid shall render the bid non-responsive. The Successful Bidder(s) shall not, at any time during the tenure of the contract, subcontract any part of his operations or assign any portion or part of the contract,to Subcontractor(s)not originally mentioned in their bid,except under and by virtue of permission granted by the City through the proper officials. Nothing contained in this specification shall be construed as establishing any contractual relationship between any Subcontractor(s)and the City. The Successful Bidder(s) shall be fully responsible to the City for the acts and omissions of the Subcontractor(s)and their employees,as for acts and omissions of persons employed by the Successful Bidder(s). 2.30. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be new(of current design or manufacture). All materials and workmanship shall be of the highest quality. The City shall be the sole judge as to parts and workmanship. 4/23/2021 8:09 AM Page 1093 ot.'R06 City of Miami Solicitation 1301386 2.31. DAMAGES TO PUBLIC/PRIVATE PROPERTY The Successful Bidder(s) shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed,the Successful Bidder(s) shall assume the expense and repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time(not to exceed one month from date damage occurred). 2.32. FACTORY DEFECTS All material specified hereafter shall be fully guaranteed by the Successful Bidder against factory defects.Any defects which may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the Successful Bidder(s)at no expense to the City. 2.33. WARRANTY,FITNESS FOR PURPOSE The Successful Bidder(s)warrants the materials and labor supplied and the work performed under this contract conform to warranty materials provided for two(2)years from date of completion. Any payment by the City on behalf of the goods or services received from the Successful Bidder(s)does not constitute a waiver of these warranty provisions. The Successful Bidder(s) shall be responsible for promptly correcting any deficiency, at no cost to the City, within seven(7)calendar days after the City notifies the Successful Bidder(s)of such deficiency in writing.If the Successful Bidder(s) fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified,the City may,at its discretion,notify the Successful Bidder(s),in writing,that the Successful Bidder(s)may be debarred as a City Bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten(10)calendar days of receipt of the notice. If the Successful Bidder(s)fails to satisfy the warranty within the period specified in the notice,the City may(a)place the Successful Bidder(s)in default of its contract,and/or(b)procure the products or services from another vendor and charge the Successful Bidder(s)for any additional costs that are incurred by the City for this work or items;either through a credit memorandum or through invoicing. 2.34. QUALITY AND MANUFACTURE The apparent silences of these specifications as to any details or the apparent omission from it of a detailed description concerning any point,shall be regarded as meaning that only materials and workmanship of first quality are to be used. All interpretations of these specifications shall be made upon the basis of this statement. Specifications,brands and manufacturers'names,where given,are to establish product type and quality required.Any equal thereto will be considered,subject to the approval of the City of Miami.Bidders shall indicate on the Bid Sheets, the manufacturer,brand and model or style number they intend to supply to the City, for each item Bid.All materials shall be new, of current manufacture, and shall carry standard warranties. No substitutions shall be allowed after the Bid is awarded unless so authorized by the City. The City reserves the right to perform its own testing procedures or to send any and all samples to any certifiable laboratory for analysis.Any and all costs for testing shall be borne by Bidder.On the basis of this testing and analysis, the City shall be sole judge of the acceptability of the sample in conjunction with the Bid specifications and its decision shall be final.Any sample submitted shall create an express warranty that the whole of the goods and/or services to be provided by the Successful Bidder(s)during the contract period shall conform to the sample submitted.The Successful Bidder(s) shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this warranty is violated during the term of the contract. 2.35. SPECIFICATION EXCEPTIONS Specifications are based on the most current information available.Bidders shall notify the City of Miami Procurement Department,in writing,no less than ten(10)days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications.Bidders must explain if applicable,enclose a scanned copy of the 4/23/2021 8:09 AM Page 1094 ot.17906 City of Miami Solicitation 1301386 manufacturer's specifications data detailing the changed item(s) with their submission. Additionally, Bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of Bidders to comply with these provisions will result in Bidders being held responsible for all costs required to bring the item(s)in compliance with contract specifications. 2.36. PRODUCT SUBSTITUTES In the event a particular approved and awarded manufacturer's product becomes unavailable during the term of the Contract,the Successful Bidder(s)awarded that item may arrange with the authorized City representative,to supply a substitute product at the bid price or lower,provided that a sample is approved beforehand and that the new product meets or exceed all quality requirements. Successful Bidder(s)shall replace items purchased by the City which are of unacceptable quality or which are determined by the using department unserviceable for any reasons. Items covered by express warranty shall be governed by terms and conditions therein. 2.37. BALANCE OF LINE While the City has listed all needed items on the Bid Solicitation,which are utilized citywide in conjunction with its operations,there may be ancillary items that must be purchased by the City during the term of this contract. For this reason,Bidders are requested to quote the percentage discount that will be offered to the City for items which do not appear on this Bid Solicitation.As reflected by the Bidder on the Price Line,this discount shall be offered for all items listed in nationally, established annual retail supply catalogs. The most recently published catalog shall serve as the basis for establishing the retail price to be discounted. Bidder(s) shall submit, their product catalog, published price list, or other verifiable pricing source(s) for the products they offer as the Balance of Line. 2.38. TERMINATION A.FOR DEFAULT If the Successful Bidder(s)defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default,the City Manager may terminate this Contract,in whole or in part,upon written notice without penalty to the City of Miami. In such event the Successful Bidder(s)shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder(s)was/were not in default or(2)the Successful Bidder(s)'s failure to perform is without his or his subcontractor's control,fault or negligence,the termination will be deemed to be a termination for the convenience of the City of Miami. B.FOR CONVENIENCE The City Manager may terminate this Contract,in whole or in part,upon thirty (30)days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder(s)will be compensated in accordance with an agreed upon adjustment of cost.To the extent that this Contract is for services and so terminated,the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.39. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation.If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature,price lists or warranties,it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized 4/23/2021 8:09 AM Page 1095 ot.1-R06 City of Miami Solicitation 1301386 signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement(PSA)or other Agreement is provided by the City and is expressly included as part of this solicitation,no additional terms or conditions which materially or substantially vary,modify or alter the terms or conditions of the PSA or Agreement,in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. 4/23/2021 8:09 AM Page 1096 ot.17906 City of Miami Solicitation 1301386 3.Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK The purpose of this solicitation is to establish a contract with responsive and responsible Bidder(s)for the purchase and installation of municipal vehicle equipment,Citywide,on an as needed basis. Bidder shall submit the Bid electronically via Bidsync which shall include the manufacturer's authorization letter The City will apply the discount provided by the Bidder(s)to all items listed in the catalog. Failure to submit the official manufacturer's authorization letter shall deem the bid non-responsive. A) VEHICLE EQUIPMENT CATALOG The City intends to purchase municipal vehicle equipment from the manufacturer's catalog ("catalog"),on an as needed basis. The Successful Bidder(s)shall: 1) Be authorized to sell and install the equipment offered; 2) Provide the current catalog with price lists upon request; the catalogs must be received by the City no later than five(5)business days after a written request is made; 3) Be allowed to update the catalog once a year on the anniversary of the effective contract date.Failure to update the catalog by the contract anniversary date will forfeit your right to update prices until the next anniversary date; and 4) Provide a discount percentage from the most current published price catalogs for the following municipal vehicle equipment manufacturers: Emergency Vehicle Lighting/Siren/Electronics: • 911 Signal,Emergency Lighting • Abel 2 Products,Emergency Lighting • BLI,Priority Start • Brooking Industries,Emergency Lighting • Code 3,Emergency Lighting • D&R Electronics,Emergency Lighting • ECCO,Emergency Lighting • Federal Signal Corporation • Fenix,Emergency Lighting • GoLight, Scene Lighting • GoLight,Helios(Thermal Imaging)&Parts/Accessories • Maxxima,Emergency Lighting • Sound Off Signal,Emergency Lighting • Star Warning Products,Emergency Lighting • Thor Manufacturing,Power Inverters and Electronics • Tremco, Safety Equipment • Unity Spotlights, Scene Lighting 4/23/2021 8:09 AM Page 1097 o 17906 City of Miami Solicitation 1301386 • Whelen,Emergency Lighting • Hella,Vehicle Lighting • KC HiLiTES,Vehicle Lighting Vehicle Push Bumper/Prisoner and K-9 Transport: • Ace K9/Radiotronics,K9 Transport Electronic • American Aluminum,Prisoner and K9 Transports • Brooking Industries,Prisoner Transport(Seat&Window Bars) • D&R Electronics,K-9 Transport Prisoner Transport • Go Rhino,Prisoner Transport&Push Bumper • Havis,Prisoner and K9 Transport • Jotto Desk,Prisoner Transport • Laguna,Prisoner Transport • Pro-Gard Products,Prisoner Transport(Partition, Seats,Window Bars) • Prisoner Transport Systems(PTS),Prisoner Transport • Ranch Hand,Push Bumpers • Ray Allen,K9 Electronics • Setina,Prisoner Transport(Partitions, Seats,Window Bars)K9 Transport and NON-Lighted Push Bumpers • Setina,Lighted Push Bumpers • Troy Products,Prisoner Transport • Westin,Push Bumpers Vehicle Weapon Mounts and Storage: • Boss Strongbox,Storage Solutions • Big Sky Gun Racks,Gun Racks • Cargoglide,Truck Storage Access Solution • D&R Electronics,Gun Racks& Storage Boxes • DECKED, Storage Solutions for Truck Bed • GoRhino,Gun Rack and Storage Solutions • Jotto Desk,Gun Racks • Lund Industries,Gun Racks and Storage Solutions • OPS, Storage Solutions • Prisoner Transport Systems(PTS),Storage Boxes • Pro-Gard Products,Gun Racks and Storage Solutions • Rockland, Storage Boxes • Santa Cruz Gunlocks,Gun Racks • Setina,Gun Racks and Storage Boxes • Setina,Blac-Rac Gun Racks • Troy Products,Gun Racks and Storage Boxes • Tuck Vault, Storage Boxes • Tuffy Security Products, Storage Boxes • Tufloc/Esmet, Storage Boxes Computers/Console/Docking Station/Laptop&Tablet Mounts/Printers: • Lind Electronics,Power Supplies for Laptops and Printers 4/23/2021 8:09 AM Page 1098 o 1 06 City of Miami Solicitation 1301386 • Brother Mobile Solutions,Printers and Accessories • D&R Electronics,Consoles Laptop Mounts Docking Stations • Gamber Johnson,Consoles Laptop Mounts Docking Stations • Havis,Consoles Laptop Mounts Docking Stations • Havis,Apple Related Products and ICS (Integrated Control Systems) • Jotto Desk,Consoles Laptop Mounts Docking Stations • LEM Solutions,Printer Mounts • Lund Industries,Consoles Laptop Mounts Docking Stations • Panasonic,Laptops • Ram Mount,Consoles and Laptop Mounts • Samsung,Computing Devices • Troy Products,Consoles Laptop Mounts Docking Stations Radar/In-car Video/LPR/Collision Avoidance/Vehicle Safety: • Apollo Video,In-Car Video • Decatur Electronics,In-Car Video and Radar • Digital Ally,Body Camera and In-Car Video • Genetec,LPR • L3 Mobile/Safe Fleet,In-Car Video • Mobileye,Collision Avoidance • MPH Radar,Radar • Point Blank/Advance Tech Group,Body Camera and In-Car Video • Patrol Witness,In-Car Video • Rearview Safety,Back-Up Camera System/Back-Up Sensors/360 System/Mobile Dvr/Dash Cameras • Rostra,Back-Up Camera System/Back-Up Sensors/360 System/Mobile Dvr/Dash Cameras • Stalker,Radar • Utility,Body Camera and In-Car Video • Watchguard,Body Camera and In-Car Video Flashlights/Other Lighting: • Bayco Products,Flashlights • Maglite,Flashlights • Pelican Products,Flashlights and Scene Lighting • Streamlight,Flashlights • Sure Fire,Flashlights Truck Topper/Caps/Truck Equipment/Van storage: • A.R.E.,Topper and Tonneau Covers • Bakflip,Bed Covers • Reading,Truck/Utility Body Products • Roll-N-Lock,Bed Covers • Spacekap,Transferable Fiberglass Caps • Buyers Products,Truck Equipment and Accessories • Deezee,Truck Equipment and Accessories • Keystone Automotive,Truck Equipment and Accessories • Meyers Distributing,Truck Equipment and Accessories 4/23/2021 8:09 AM Page 1099 ot.1,906 City of Miami Solicitation 1301386 • Kargo Master,Van Accessories • Legend Fleet Solutions,Van Accessories • Masterack,Van Accessories • OPS Public Safety,Van Accessories • Westcan Manufacturing,Van Accessories Computers/Console/Docking Station/Laptop&Tablet Mounts/Printers: • Pro-Clip,Mobile Mounting Solutions Fleet Safety Products and Services: • Fleet Safety Website,Www.Fleetsafejy.Co All Products Dana Safety Supply("DDS")Products and Services: • DSS Products,Private Label and Sole Distributor Products • DSS Website,Www.Danasafetspply.Com All Products B) PICKUP AND DELIVERY FOR DDS PRODUCTS AND SERVICES Successful Bidder(s) shall indicate a"fixed"fee associated with the vehicle pick-up and delivery for installation of DDS Vehicle Equipment. (Calculated based on round trip from Successful Bidder(s)facility to the General Services Administration, Fleet Division location, the Fire Garage or authorized predetermined location within the City of Miami.) C) INSTALLATIONS Successful Bidder shall be authorized to install the manufacturer's products and shall be(or its Subcontractor)a local installer(Miami Dade County or Broward County). Labor Time Rate Successful Bidder(s) shall indicate a "fixed" shop labor time allocation to install all police vehicle equipment components purchased under discounted percentages in the catalogs. (1/2 hour=.5, 1/4 hour=.25) D) WINDOW TINTING SERVICES Window tinting(if required)on the vehicle will be done at the time of the installation of the equipment and will not be done as a standalone service. All window tint film used shall be legal in the State of Florida and shall carry a standard warranty of seven(7)years against manufacturers defects and meet the coverage requirement below: a) Window Tinting for Sedans shall include five(5)windows,plus one(1)Sunstrip. b) Window Tinting for Sports Utility Vehicle shall include seven(7)windows,plus one(1)Sunstrip. c) Window Tinting for Pickup Standard Cab shall include three(3)windows,plus one(1) Sunstrip. d) Window Tinting for Pickup Extended Cab shall include five(5)windows,plus one(1) Sunstrip. 4/23/2021 8:09 AM Page 1100 o 17906 City of Miami Solicitation 1301386 e) Window Tinting for Pickup Crew Cab shall include five(5)windows,plus one(1)Sunstrip. f) Window Tint 2,2 Windows(2 Front Windows to Match Rear,Most SUV) g) Window Tint 3,3 Windows(Pick-Up Truck W/Standard Bed) h) Window Tint 5,5 Windows(Sedan Vehicles,Crew Cab Pick-Up Trucks) i) Window Tint 7,7 Windows(SUV,Utility Vehicles) j) Window Tint Sun,Sunstrip(Windshield Sunstrip) k) Window Tint Removal,Removal of Window Tint(1 Per Window) 1) Window Tint Nano,7 Windows Nano Ceramic/Premium Tint(SUV,Utility Vehicle,K-9 Units) 4/23/2021 8:09 AM Page 1101 ot.'-,906 City of Miami Solicitation 1301386 O S CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on-site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently-executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully-executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami- Dade County,if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami-Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 4/23/2021 8:09 AM Page 1102 o 17906 City of Miami Solicitation 1301386 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on-site employment at the local office ❑ YES ❑ NO for a minimum of forty (40) hours per calendar week? If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer ❑ YES ❑ NO ❑ N/A enclosed a copy of the lease? City of Miami: ❑ YES ❑ NO ❑ Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the Business Tax Receipt(BTR) issued by the Miami-Dade County: ❑ YES ❑ NO ❑ Exempt City of Miami and Miami-Dade County? Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the ❑ YES ❑ NO performance of Bidder/Proposer's business operations? Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 4/23/2021 8:09 AM Page 1103 ot.17906 City of Miami Solicitation 1301386 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of 20 , by (Signature of Notary Public-State of Florida) (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced 4/23/2021 8:09 AM Page 1104 01.18906 City of Miami Solicitation 1301386 INSURANCE ADDENDUM INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS The VENDOR/CONTRACTOR/CONSULTANT(AS APPLICABLE) agrees to provide and maintain throughout the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined herewith as applicable insuring all operations related to the contract and any extensions thereof. Workers Compensation and Employers Liability Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from workplace accidents. It provides for medical care to injured employees, along with compensation for lost income. Commercial General Liability It protects against accidents and injuries that occur on company property or the property of a customer. It compensates an injured person or owner of property for injuries and property damages, and the cost of defending lawsuits, including legal settlements or investigations.This policy also covers claims resulting from products exposures, libel, slander, copyright infringement, and other personal and advertisement injuries. Commercial Automobile Liability It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims, collision and other than collision physical damage. In addition, this policy affords coverage on autos that are hired or borrowed or non-owned for use in the business. The non-owned can be autos owned by employees or members of their households. Non-Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy. Professional/Errors and Omissions Liability Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers, insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to incompetence, errors, or negligence. 4/23/2021 8:09 AM Page 1105 ot.lR06 City of Miami Solicitation 1301386 Umbrella Liability It protects against liability and losses after primary insurance benefits have been exhausted. This supplemental coverage kicks in only after the underlined liability policies have paid their maximum benefits. Environmental Liability It protects against the financial costs of claims of injury or damage due to pollution, and other costs of cleaning up pollutants.These policies are designed to cover both property and liability risks. Directors and Officers Liability This coverage protects against claims from stockholders, employees and clients that are also aimed individually at directors and officers. These claims typically stem from errors in judgement, breaches of duty and wrongful acts in connection with company business. Cyber Liability It protects against costs of the theft,destruction or unauthorized use of electronic data through computer viruses or network intrusions. It also adds protection to a business against such costs if a business fails to safeguard another party's electronic data. Companies sharing data outside their internal network benefit from this coverage Commercial Property It protects against claims or damages to the insured's buildings, business personal property and personal property of others. It can also provide for loss of business income coverage or extra expenses incurred because of physical loss by a covered peril to the insured's property. Commercial Crime It protects against loss of money, securities and other property because of a variety of criminal acts such as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and extortion. Crime insurance also covers money and securities against damage or destruction by almost any cause of loss, not just crime. 4/23/2021 8:09 AM Page 1106 01.18906 City of Miami Solicitation 1301386 Builders Risk It protects against damage to or destruction of buildings or other structures during their construction.Any party with a financial interest in a construction, remodeling, or repair project benefits from this coverage. Surety Bonds Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will be performed.The obligee is the party that receives the benefit of the bond If the obligation is improperly performed. If payment and performance bonds are required such bonds must be substantially in the form prescribed by Florida Statutes 255.05,as amended,and will be subject to the approval of the City of Miami Director of the Department of Risk Management. Valuable Papers It pays for the cost to reconstruct damaged or destroyed valuable papers and records.Typically is defined to include almost all forms of printed documents or records with the exception of money or securities, and data and media which is usually excluded. Additional Requirements The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies indicated on the certificate must be in compliance with all Contract requirements. The failure of the City to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any requirements for the Vendor/Contractor. The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional insured. All insurance certificates must be signed, dated and reference the City contract number. The insurance must provide for sixty (30) days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non-renewed. Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of subrogation against the City of Miami, its employees, elected officials, agents, or representatives. The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's liabilities and responsibilities specified within the Contract or law. Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with insurance provided by the Vendor/Contractor under the Contract. 4/23/2021 8:09 AM Page 1107 o '8906 City of Miami Solicitation 1301386 The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of law. If the Vendor/Contractor is a joint venture or limited liability company,the insurance policies must name the joint venture or Limited Liability Company and each of its separate constituent entities as named insureds. The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless otherwise specified in this Contract. If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the contrary, the City of Miami Risk Management Department maintains and reserves the right to modify, delete, alter or change these requirements. Note: The duty to carry and maintain insurance during the life of the contract will survive the cancellation or expiration, as applicable, under the Contract. 4/23/2021 8:09 AM Page 1108 olA06 POLICY NUMBER: CITY OV M11VlVIAMI REVISED REVISIONS Solicitation 1301386 DATE OF APM- 2-I9 SECTION REVISION Created 3/26/19 DATE: roti of tri March 26.2019 ISSUED BY: PTO Emilio T. Gonzalez, A.D. i ' Cit na er/Desi e e SIGNATURE ADMINISTRATIVE POLICY SUBJECT: ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP), REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE (ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY 692019 PURPOSE: To improve the procurement solicitation process in order to provide internal and external customers with a more efficient and effective procurement of goods and services for the City of Miami. This APM establishes guidelines that eliminate the process of curing irregularities in proposals and bids submitted in response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS. BACKGROUND: Currently, the Department of Procurement ("Procurement") allows Proposers and Bidders to cure certain deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to the City in response to RFQs,RFPs, RFLIs, IFBs, ITBs, ITQs and RFS. In collaboration with the Department of Innovation and Technology ("Dolt"), Procurement has identified the process of curing as the cause of significant delays in formal solicitation process. When proposals and bids require a cure, Procurement sends out a"Notice to Cure"to Proposers and Bidders who are then given additional time to correct, complete, and re-submit the required documents. The process of curing is time intensive and delays the procurement of necessary goods and services for the City; it prolongs the due diligence review period and it stalls and delays the evaluation and selection process, resulting in the extension of time between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its award date. 4/23/2021 8:09 AM Page 1109 ot.18906 City of Miami Solicitation 1301386 Eliminating the process of curing will streamline and improve the overall procurement solicitation process while making it more efficient by removing a source of delay, and more effective by concentrating due diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common procurement industry practice to allow cures. Other local public agencies such as Miami-Dade County and the Miami-Dade County Public School System do not presently allow cures in such similar instances. GUIDELINES: Procurement will only review and evaluate proposals and bids that have been deemed responsive. Responsive bids and proposals responses are defined by our Procurement Code.' Prospective Proposers and Bidders should understand that non-responsive proposals or bids will not be reviewed and will be eliminated from the evaluation and selection process. The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or RFS as applicable. Material deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable. Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate from the minimum qualifications and/or submission requirements for RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS shall result in a non-responsive determination. The following list includes, but is not limited to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result in a non-responsive determination for any solicitation issued on or after May 6, 2019: If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members, and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time to cure the proposal or bid, and the City shall deem such proposal or bid non-responsive. The City, at its sole discretion, reserves the right to waive minor deviations not listed above. Such minor deficiencies, deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the sole discretion of the City. Material (i.e. substantial or notable) deficiencies, deviations, irregularities, omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City. For illustrative guidance please see below an excerpt from State of Florida procurement instructions which discuss the difference in plain language between material and minor variances. Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer, proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 18-73, City Code. (Excerpt from 2012 WL 1155290 (Fla.Div.Admin.Hrgs.) Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the proposer to be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet mandatory responsiveness requirements will not be evaluated. 4/23/2021 8:09 AM Page 1110 01.18906 City of Miami Solicitation 1301386 1.15 Material Deviations: The Department has established certain requirements with respect to proposals to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this RFP indicates a requirement or condition which may not be waived by the Department except where any deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the deficient response is not in substantial accord with this RFP's requirements, provides an advantage to one Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or services proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally in reviewing responses in regard to service delivery. 1.16 Minor IrrelZularity: A variation from the RFP terms and conditions which does not affect the price proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not adversely impact the interests of the Department. 4/23/2021 8:09 AM Page 1111 ot.18906 City of Miami Solicitation 1301386 ATTACHMENT A CITY OF MIAMI LIVING WAGE ORDINANCE ARTICLE X. - LIVING WAGE REQUIREMENTS FOR SERVICE CONTRACTS AND CITY EK8PLOYEES»n Footnotes: --- /9\ _- Note--Section 5ofOrd, No, 12787states that this article shall be effective October, 1. 2OO6, Editor's note--Prior to the adoption of Ord, No, 12787, Ord, No, 12623. § 2. adopted December 9, 2004. repealed article X. divisions 1--4. inits entirety, which pertained tothe economicdevelopment financing authority and derived from Ord, No, 12062. § 3. adopted May 10. 2001, Seo. 18-550. - Definitions. City means the government of the City of Miami or any authorized agents, any board, agency, commission, department, nrother entity thereof, nrany successor thereto. Contract means any contract to provide services to the city in which the total value of the contract exceeds $100.000.00 per year. Cnnbanbrr means any "for profit" individua|, business enUty, cnrpnnoUnn. partnership. limited liability company,joint venture, or similar business entity which meets the following criteria: (1) The contractor is paid in whole nrpart from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds, inc|uding, but not limited to, gnonts, dnnaUnns, and the |ike, whether by competitive bid pnncess, requests for pnnpnsa|s, or some other form of competitive solicitation, negotiation, or agreement, or any other decision to enter into a contract; and (2) The contractor is engaged in the business of or part of contract to provide services for the benefit of the city. This section shall apply to employees of the contractor who spend the majority nftheir time on covered City of Miami service contracts. If the contract is for both goods and services it shall only apply to the sen/ices portion of such contract. This section shall not apply tn contracts which are primarily for the sale or leasing of goods. Goods are defined in section 18-73 of the City Code. Covered employee means anyone employed bythe city working more than 35hours per week nrany service contractor employee,working full or part-time,with or without benefits,that is involved in providing services under the service contractor's contract with the city. Covered employer means the city and any and all sen/ice contractors and subcontractors of sen/ice contractor. Living wage means a wage that is as defined in section 18-557 of this Code.The living wage may be adjusted once annually by an amount equivalent tnthe cost of living adjustment for Miami-Dade County as published by the United States Department of Labnr. Bureau of Labor Statistics. Language so stating will be included in all request for pnnpnsa|s, or other competitive solicitation dncuments, issued by the city for the procurement of services (unless the living wage provisions are excluded as provided in section 18-557 herein). New service contracts means those having contracts competitively solicited and awarded on or after January 1. 2O17. Page 4/23/20218:09AM Page 1112Ot1906 City of Miami Solicitation 1301386 Service contract means a contract to provide services to the city excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and section 18-87 of the City Code and/or the other exclusions provided by section 18-557 of the City Code. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-557. - Living wage. (a) Living wage paid. (1) New service contractors. All new service contracts shall pay to all its employees who provide covered services a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hourwith health benefits as defined in this section unless otherwise excluded pursuant to this article. (2) Existing service contracts. Service contracts awarded and effective or competitively solicited prior to January 1, 2017, shall not be subject to the payment of the living wage set forth in this section and shall continue to be governed by the terms and conditions of the respective solicitation and resulting contractual documents, when applicable. (3) The living wage provisions shall apply to all contracts covered by this section unless specifically excluded by one or more subsections below: a. The living wage provision is disallowed by a federal or state law or regulation, grant requirements, or by a contract the city is accessing by"piggybacking", and which contract does not include a living wage provision; b. Funding sources for the contract disallow the living wage provision or provide contradictory funding requirements, or are contained in a contract awarded or solicited prior to the effective date of January 1, 2017, and which contract includes renewals or extensions; c. Professional service contracts awarded under the "Consultants Competitive Negotiation Act", F.S. §287.055,forthe professional services within the scope of the practice of architecture, professional engineering, landscape architecture, registered surveying, and/or mapping; d. The living wage provision is waived by the city commission by resolution, prior to issuance of the competitive solicitation document, upon written recommendation of the city manager or authorized designee, when the city commission finds it is in the best interest(s) of the city to approve such waiver, in which case the living wage provision shall not apply in the competitive solicitation document; or e. All responsible wage construction contracts covered by section 18-120 of this Code. (4) City employees. For covered employees of the city,the city will begin to pay the living wage on a phase- in basis over a nine-year period beginning with the 2006-2007 city budget year to be implemented in the 2014-2015 fiscal year.The city manager, in his sole discretion,without further city commission approval, shall have the option to consider whether it is in the city's best interest to complete the phase-in payment of living wage to city employees on a four-year period. Thereafter, the living wage to be paid by the city shall be subject to negotiations within the collective bargaining structure. (b) Health benefits; eligibility period. For a covered employer to comply with this article by choosing to pay the lower wage scale available when a covered employer also provides a standard health benefit plan, such health benefit plan shall consist of a payment of at least$1.81 per hour toward the provision of health benefits for covered employees and their dependents and shall be approved by the city. If the health benefit plan of the covered employer requires an initial period of employment for a new employee to be eligible for health benefits (the "eligibility period"), a covered employer may qualify to pay the $13.19 per hour wage scale for a term not to exceed the new employee's eligibility period, provided the new employee will be paid health benefits upon completion of the eligibility period, which period shall not exceed 90 days. (c) Certification required before payment. Any and all service contracts subject to this article shall be void, and no funds may be released, unless prior to entering any such contract with the city, the service contractor certifies to the city that it will pay each of its covered employees no less than the living wage. A copy of this Page 2 4/23/2021 8:09 AM Page 1113 01.18906 City of Miami Solicitation 1301386 certificate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1) The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve. (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and (5) A commitment to pay all covered employees the living wage. (d) Observation of other laws. Every covered employee shall be paid without subsequent deduction or rebate on any account (except as such payroll deductions as are directed or permitted by law or by a collective bargaining agreement). The service contractor shall pay covered employees wage rates in accordance with federal and all other applicable laws such as overtime and similar wage laws. (e) Posting. A copy of the living wage rate shall be kept posted by the service contractor subject to this article, at the site of the work in a prominent place where it can easily be seen and read by the covered employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors subject to this article, shall furnish a copy of the requirements of this article to any entity submitting a bid for a subcontract on any service contract subject to this article. Posting requirements will not be required where the service contractor subject to this article, prints the following statements on the front of the covered employee's first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage Ordinance to be paid a living wage. If you do not believe you are being paid at the living wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. (f) Collective bargaining. Nothing in this article shall be read to require or authorize any service contractor subject to this article, to reduce wages set by a collective bargaining agreement or as required under any prevailing wage law. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09; Ord. No. 13405, § 2, 9-26-13; Ord. No. 13648, § 27 11-17-16) Sec. 18-558. - Implementation. (a) Maintenance of payroll records. Each service contractor to which living wage requirements apply, as described in this article, shall maintain payroll record for all covered employees and basic records relating thereto and shall preserve them for a period of three years from the date of termination or expiration of the service contract. The records shall contain: (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data or information the city shall require from time to time. (b) Reporting payroll. Every six months, the service contractor to which living wage requirements apply, as described in this article, shall file with the city's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any Page 3 4/23/2021 8:09 AM Page 1114 ot.lA06 City of Miami Solicitation 1301386 period covered by the service contract. The city may examine payroll records as needed to ensure compliance. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13110, § 2, 10-22-09) Sec. 18-559. - Compliance and enforcement. (a) Service contractor to cooperate. The service contractor shall permit city employees, agents, or representatives to observe work being performed at, in or on the project or matter for which the service contractor has a contract. The city representatives may examine the books and records of the service contractor relating to the employment and payroll of covered employees and may survey covered employees to determine if the service contractor is in compliance with the provisions of this article. (b) Complaint procedures and sanctions. An employee who believes that he/she is a covered employee of a service contractor and that the service contractor is or was not complying with the requirements of this article has a right to file a complaint with the procurement director of the city. Such complaints may be made at any time and shall be investigated within a reasonable period of time by the city. Written and oral statements by any such employee shall be treated as confidential and shall not be disclosed without the written consent of the employee to the extent allowed by the Florida Statutes. (c) Private right of action against service contractor. Any covered employee or former covered employee of a service contractor may, instead of utilizing the city administrative procedure set forth in this article, but not in addition to such procedure, bring an action by filing suit against the service contractor in any court of competent jurisdiction to enforce the provisions of this article and may be awarded back pay, benefits, attorney's fees, and costs. The applicable statute of limitations for such a claim will be two years as provided in F.S. § 95.11(4)(c) as may be amended from time to time for an action for payment of wages. The court may also impose sanctions on the service contractor, including those persons or entities aiding or abetting the service contractor, to include wage restitution to the affected covered employee and damages payable to the covered employee in the sum of up to $500.00 for each week the service contractor is found to have violated this article. (d) Sanctions against service contractors. For violations of this article,the city shall sanction a service contractor by requiring the service contractor to pay wage restitution at its expense for each affected employee. The city may also sanction the service contractor in at least one of the following additional ways: (1) The city may impose damages in the sum of$500.00 for each week for each covered employee found to have not been paid in accordance with this article; (2) The city may suspend or terminate payment under the service contract or terminate the contract with the service contractor; and (3) The city may declare the service contractor ineligible for future service contracts for three years or until all penalties and restitution have been paid in full, whichever is longer. In addition, any employer shall be ineligible for a service contract where principal officers of such employer were principal officers of a service contractor who has been declared ineligible under this article. (4) If the contract has been awarded under the city procurement ordinance, the city may debar or suspend the contractor as provided therein. (e) Public record of sanctions. All such sanctions recommended or imposed shall be a matter of public record. (f) Sanctions for aiding and abetting. The sanctions contained in this article shall also apply to any party or parties aiding and abetting in any violation of this article. (g) Retaliation and discrimination barred. A service contractor shall not discharge, reduce the compensation, or otherwise discriminate against any covered employee for making a complaint to the city, or otherwise asserting his or her rights under this article, participating in any of its proceedings or using any civil remedies to enforce his or her rights under this article. Allegations of retaliation or discrimination, if found true in a city administrative proceeding or by a court of competent jurisdiction, shall result in an order of restitution and reinstatement of a discharged covered employee with back pay to the date of the violation or such other relief as deemed appropriate. Page 4 4/23/2021 8:09 AM Page 1115 ot.lP06 City of Miami Solicitation 1301386 (h) Remedies herein non-exclusive. No remedy set forth in this article is intended to be exclusive ora prerequisite for asserting a claim for relief to enforce the rights under this article or in a court of law. This article shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination. (Ord. No. 12787, § 2, 4-6-06; Ord. No. 13648, § 2, 11-17-16) Sec. 18-560. - Employers receiving direct tax abatement or subsidy. The city reserves the right to impose the living wage requirements of this article on or after January 1, 2017 on any employer as a condition of that employer receiving a direct tax abatement or subsidy from the city. (Ord. No. 13648, § 27 11-17-16) Secs. 18-561-18-599. - Reserved. Page 5 4/23/2021 8:09 AM Page 1116 ot.lA06 City of Miami Solicitation 1301386 Question and Answers for Solicitation #1301386- Purchase and Installation of Municipal Vehicle Equipment- Citywide Question 1 How to qualify as a vendor with 3 years of experience. Strobes-r-us was established in Pompano Beach Florida in 1999.We have been providing emergency vehicle upfits and supplying vehicle related equipment for 22 years. In 2019 we were acquired by the Shyft group.A billion dollar publicly traded company(NASDAQ SITYF).We continued operations under our DBA that we have always been known by Strobes-r-us,but the FEIN number changed with the acquisition in 2019.We can demonstrate ongoing work history at this same location.We also currently share in the upfit contract with City of Miami as a vendor. Looking up our FEIN would disqualify us as a result of the 3 year rule. How do we properly demonstrate that we have been here in pompano and operational as Strobes-r-us for 22 years to the City's satisfaction?(submitted:Apr 15,20219:12:03 AM EDT) 4/23/2021 8:09 AM Page 1117 ot.19906 AGENDA ITEM SUMMARY FORM File ID: #9151 18 8B l/c Date: 06/01/2021 Requesting Department: Department of General Services Administration Commission Meeting Date: 07/08/2021 Sponsored By: District Impacted: All Type: Resolution Subject: Accept Bid - Municipal Vehicle Equipment Purpose of Item: The nature of this item is to authorize a resolution of the Miami City Commission, accepting the bids received on April 30, 2021, pursuant to Invitation for Bid ("IFB") No. 1301386, from the responsive and responsible Bidders, Dana Safety Supply, Inc. ("Dana Safety Supply"), Public Safety Supply, LLC ("Public Safety Supply"), and The Shyft Group Upfit Services, Inc. D/B/A Strobes-r-us ("Strobes-r-us") for the purchase and installation of municipal vehicle equipment, on an as needed basis, for the City of Miami General Services Administration Department, to be utilized citywide, for an initial term of three (3) years, with the option to renew for one (1) additional two (2) year period; allocating funds from City of Miami Police ("Police") General Account number 00001.191501.531000, and other sources of funds, subject to the availability of funds and budgetary approval at the time of need. Authorizing the City Manager to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, and prior budgetary approvals, and in compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City of Miami's procurement ordinance, anti- deficiency act, and financial integrity principles, all as set forth in chapter 18 of the City Code, all in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Background of Item: On April 7, 2021, Procurement on behalf of the General Services Administration ("GSA") issued IFB No. 1301386, under full and open competition. As required by the Procurement Code, the IFB was advertised and issued online. On April 30, 2021, at the bid closing four (4) bids were received. All bid responses were evaluated and tabulated following the guidelines directed in the IFB. The bid received from ProLogic ITS, LLC was deemed non-responsive as the company failed to provide a local service/equipment installation facility address in the Certification Section, as required by the IFB. Procurement is recommending award to Dana Safety Supply, Public Safety Supply, and Strobes-r-us, the responsive and responsible Bidders, per bid specifications. The estimated contract amount is $1,830,000.00 annually (Approximately $9,150,000.00 for all five (5) years in the aggregate). Budget Impact Analysis Page 1118 of 1906 Item is an Expenditure Item has NO budget impact Item is NOT funded by Bonds Total Fiscal Impact: $1,830,000.00 annually (Approximately $9,150,000.00 in the aggregate). Police General Accounts No.: 00001.191501.531000 and other sources of funds. Reviewed By Department of General Services Administration Jennifer Ramirez Department Head Review Completed 06/04/2021 1:06 PM Department of Procurement Annie Perez Procurement Review Completed 06/07/2021 5:48 PM Office of Management and Budget Jacques Joseph Budget Analyst Review Completed 06/09/2021 1:04 PM Office of Management and Budget Leon P Michel Budget Review Completed 06/10/2021 9:01 AM City Manager's Office Natasha Colebrook-Williams Assistant City Manager Review Completed 06/11/2021 12:21 AM City Manager's Office Arthur Noriega V City Manager Review Completed 06/11/2021 4:04 PM Legislative Division Marta Gomez Legislative Division Review Completed 06/17/2021 11:33 AM Office of the City Attorney Pablo Velez ACA Review Completed 06/22/2021 1:39 AM Office of the City Attorney Barnaby L. Min Deputy City Attorney Review Completed 06/22/2021 7:30 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 06/28/2021 7:04 PM City Commission Nicole Ewan Meeting Completed 07/08/2021 9:00 AM Office of the City Clerk City Clerk's Office Rendered Completed 07/12/2021 5:28 PM Page 1119 of 1906 City of Miami City Hall IIF AAAF A@Ai FA 9 1A AA L@ IS�atlOn 3500 Pan American Drive g Miami, FL 33133 f � R@SOlUtIOn www.miamigov.com Enactment Number: R-21-0284 File Number: 9151 Final Action Date:7/8/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED ON APRIL 30, 2021 PURSUANT TO INVITATION FOR BID NO. 1301386 FROM THE RESPONSIVE AND RESPONSIBLE BIDDER DANA SAFETY SUPPLY, INC., A FLORIDA PROFIT CORPORATION, PUBLIC SAFETY SUPPLY, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND THE SITYFT GROUP UPFIT SERVICES, INC. D/B/A STROBES-R-US, A FOREIGN PROFIT CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, FOR THE PURCHASE AND INSTALLATION OF MUNICIPAL VEHICLE EQUIPMENT, ON AN AS-NEEDED BASIS, FOR THE CITY OF MIAMI'S ("CITY") GENERAL SERVICES ADMINISTRATION TO BE UTILIZED CITYWIDE FOR AN INITIAL TERM OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD; ALLOCATING FUNDS FROM THE CITY'S POLICE DEPARTMENT'S GENERAL ACCOUNT NO. 00001.191501.531000 AND SUCH OTHER SOURCES OF FUNDS AS MAY BE IDENTIFIED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI-DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami's ("City") General Services Administration ("GSA") has a need for the purchase and installation of municipal vehicle equipment to be utilized by various City departments on an as-needed basis; and WHEREAS, on April 7, 2021, the City's Department of Procurement ("Procurement"), on behalf of GSA, issued Invitation for Bid ("IFB") No. 1301386 for the purchase and installation of municipal vehicle equipment, to be utilized Citywide, for an initial term of three (3) years with the option to renew for one (1) additional two (2) year period; and WHEREAS, on April 30, 2021, bids in response to the IFB were received from responsive and responsible bidders Dana Safety Supply, Inc., a Florida profit corporation ("Dana Safety Supply"), Public Safety Supply, LLC, a Florida limited liability company ("Public Safety Supply"), and Shyft Group Upfit Services, Inc. d/b/a Strobes-R-Us, a foreign corporation authorized to conduct business in Florida ("Strobes-R-Us"); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Page 1120 of 1906 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The bids received April 30, 2021 pursuant to IFB No. 1301386 from responsive and responsible bidders Dana Safety Supply, Public Safety Supply, and Strobes-R- Us for the purchase and installation of municipal vehicle equipment, on an as-needed basis, for GSA, to be utilized Citywide, for an initial term of three (3) years with the option to renew for one (1) additional two (2) year period are accepted. Section 3. Fund are allocated from the City's Police Department's General Account No. 00001.191501.531000 and such other sources of funds as may be identified, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to negotiate and execute any and all documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City's Procurement Ordinance, Anti-Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: J u ria dez, City Attor iey 612812021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. Page 1121 of 1906 CITY OF MIAMI, FLORIDA INTER-OFFICE MEMORANDUM TO: Arthur Noriega V DATE: May 19, 2021 FILE: City Manager SUBJECT: Recommendation of Award for Purchase and Installation of Municipal Vehicle Equipment - Citywide. FROM: Annie Perez, CPPD, Director REFERENCES: Invitation for Bid ("IFB") Department of Procurement No. 1301386 ENCLOSURES: RECOMMENDATION: Based on the findings below,the Department of Procurement("Procurement')hereby recommends award of IFB No. 1301386, to Dana Safety Supply, Inc. ("Dana Safety Supply"), Public Safety Supply, LLC ("Public Safety Supply"), and The Shyft Group Upfit Services, Inc. D/B/A Strobes-r-us ("Strobes-r-us"), the responsive and responsible Bidders, for the purchase and installation of municipal vehicle equipment, on an as needed basis, for the City of Miami General Services Administration Department,to be utilized citywide.The recommended vendors,and contract terms and amount are shown below. IFB No./Title: IFB No. 1301386, Purchase and Installation of Municipal Vehicle Equipment - Citywide Contract Amount: $1,830,000.00 annually, depending on how many vehicles the City procures (Approximately$9,150,000.00 for all five (5) years in the aggregate). Contract Term: Initial term is for a period of three(3)years with the option to renew for one (1) additional two (2)year period. Recommended Vendor: Dana Safety Supply, Inc., Public Safety Supply, LLC, and The Shyft Group Upfit Services, Inc. D/B/A Strobes-r-us. BACKGROUND: On April 7, 2021, Procurement issued IFB No. 1301386, Purchase and Installation of Municipal Vehicle Equipment, Citywide, under full and open competition.As required by the Procurement Code, the IFB was advertised and issued online. On April 30,2021, at bid closing,four(4)bids were received. The bids were evaluated and tabulated following the guidelines published in the bid, and one (1) bid was deemed non-responsive. The bid received from Prol-ogic ITS, LLC was deemed non-responsive for their failure to provide a local service/equipment installation facility address, as required by the IFB. Procurement is recommending award to Dana Safety Supply, Public Safety Supply, and Strobes-r-us, the responsive and responsible Bidders, per bid specifications. Consequently, approval oflis recommendation to award is requested. Your signature below will indicate approval of this recommendation u'p,qer your delegated authority. JUN o 4 201 Approved: Date: Arthur N ega V, Manager c: Fernando Casamayor, Assistant City Manager, Chief Financial Officer Natasha Colebrook-Williams, Assistant City Manager, Chief of Operations Jennifer Ramirez, Interim Director, General Services Administration ("GSA") Yadissa A. Calderon, CPPB, Assistant Director, Department of Procurement PR21152 Page 1122 of 1906 7.E. Consent Bids and Purchases Over $100,000 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Approve the purchase of four (4) replacement vehicles as approved in the FY20-21 Fleet Replacement budget for an estimated amount of$159,906.50 by utilizing the following contract: Florida Sheriffs Association FSA20-VEL28.0 and FSA20-VEH18.0. The Florida Sheriffs contract satisfies the City's procurement requirements. Explanation of Request: The Fleet Manager recommends the purchase of four (4) replacement vehicles. These vehicles were approved in the FY20-21 budget. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. Florida Sheriffs contract FSA20-VEL28.0 (Effective May 1, 2020— March 31, 2023) Florida Sheriffs contract FSA20-VEH18.0 (Effective October 1, 2020—September 30, 2022). The Fleet Maintenance Division intends to award the following vendor for purchase as follows (see attached Exhibit 1 for vendor details): 1. Duval Ford for one (1) Ford F-350 pick-up for Facilities in the amount of$35,720.00, one (1) Ford T-350 high roof van for Facilities in the amount of$48,207.00, and one (1) Ford F-250 pick-up for Parks in the amount of$29,036.00. These units utilize the FSA20-VEL28.0 contract. 2. Duval Ford for one (1) Ford F-350 dump truck for Public Works—Parks in the amount of$46,943.50. These units utilize the FSA20-VEH18.0 contract. How will this affect city programs or services? These vehicles will be used throughout the City to provide services to our residents. Fiscal Impact: The four (4) vehicles will be paid for with funds from account no. 501-2519-519.64-33. Alternatives: By deferring purchases, departmental maintenance cost and equipment downtime would increase. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 1123 of 1906 Is this a grant? No Grant Amount: Contracts Vendor Name: Duval Ford Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type Description D Attachment Agenda Backup- Surplus Vehicle Purchases FY20-21 July 2021 - Spreadsheet.pdf D Contract Agenda Backup- FIL Sheriff's Contract FSA20- VEL28.0- Vehicles listed#1.pdf D Contract Agenda Backup- FIL Sheriff's Contract FSA20- VEH18.0- Vehicle listed#2.pdf Page 1124 of 1906 .. . . . .. . ..: S m 6i ; o LO .� 9 N � CD C4 . . 1�- _. 40w_ 400U) e o C! ; o ; o S / t P. C4 § ,a ,Ke LL r a ; Q-45— �a Q- %, q\ iw C� dC - G t � jv Q �a C2. q � Cd Cd m - z LU ui L LU § > # ; S d m k k LL y U U. ® . 2D .2 �- k � « if/ � k { E w f k 2I? oLL » U. L \ 0 T . ; § � 2 2 2 E � § 2 � ©� r ■ o § oEo o § 0W 2 2 2 L LL 2 ® ) � 6/1 712 02 1 The Florida Sheriffs Association f (https://www.facebook.com/floridasheriffsassociation/ NF (https://twitter.com/FLSheriffs) FLORIDA SHERIFFS (https://www.fisheriffs.orgl Become a Member(https://membership.flsheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today(https://membership.flsheriffs.org/Membership-LP.htmi) Renew Membership (https://membershipJlsheriffs.org/Membership-LP.htm]#Choose) PURCHASING « Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FS 20-VEL28,0 PURSUIT, ADMINISTRATIVE, OTHER VEHICLES Contract Term: October 1,2020 — September 30, 2022 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible* agencies. While most agencies purchasing from our contracts are https://www.flsheriffs.org/iaw-enforcement-programs/purchasing/fa2Gvel28 Page 1126 of"06 611712021 The Florida Sheriffs Association within the state of Florida, eligible* agencies from other states have used the contracts if their governing purchases ordinance allows. For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Fallow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 64,000 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. Purchaser Ordering Process Tutorial i E E F 1 14 I i E I f ,40 i !E t t E https:/twww.flsheriffs.org/law-enforcement-programs/purchasirtg/fsa2Dvel28 Page 1127 ofM06 CITY OF BOYNTON BEACH 1 CITY OF BOYNTON BEACH DuvaIFfEBtSatGs3 ML1.DARTY Laura Torbett „L)1:-L42,.:= ?l5 (Work) 2144 49E bbfLus (Fax)9G14-387--6816 (Coll)904-588-6027 a1:,q WaterS1d0 DrJax R32210 ODp I / A TI LI[3HT CT t / t o SPE 2M AW,FWCffWCA.0 .11 .110 e• XLTRIM e 6e2L VS GAS ENGINE e °• 10 SPEED AUTOMATIC TRANSMISSION .,wwwwww II'BOX 3.73 LIMITED SLIP DIFFERENTIAL $ - °e POWER WINDOWSI DOOR LOCKS S _. Firumt License Bracket e 1 EXTERIOR: OXFORD WHITE - s AS INTERIOR: GRAY VINYL-40120140 - e VINYL FLOOR B , MCI. 14000#GVWR PACKAGE � - 512 SPARE TIRE AND WHEEL S ® 520 ELECTRIC BRAKE CONTROLLER o 4 TRAILER TOWING PACKAGE WITH 7 WAY WIRING AND 2"FIXED PINTLE BALL COMBO 1,445.00 + SSS SPRAY IN BERLINER 594.00 s X13 BOX LINK 74.00 y INCL MANUAL TRAILER TOW MIRRORS _ 4 1...06 RUNNING BOARDS ,$- - a BSG TAIL GATE STEP is 374.00 0942 DAYTIME RUNNING LIGHTS $ 44.00 o SAG CITY TAG AND TITLE $ 125.00 ® TT0 p TAG HANDLING PEE 51 48.00 e TINT 2 WINDOW TINT ON ALL WINDOWS INCLUDING WINDSHIELD STRIP 385.00 e Llrt D PKG 9 WHELEN SC LIBERTY 11 LIGHTBAR,WITH TRAFFIC ADVISOR-(AIWIANV)AMBERI WHITE SPLIT S 3.022.00 Pccew 6 SWITCH CONTROLLER 8 t MCRIWIS (2)MICRON HIDEAWAYS FOR GRILLE-WHrrE 8- VTXon (2)VERTEX FOR TAIL LIGHT HOUSING-WHITE ENCL TELEMATIC MODUM VENDOR COMMENTS e W3C BOYNTON BEACH LT.xlsx Page 1128 of 1906 (D U. fn fn fn U) U) w U) U) V) 0 cn u) 0 0 0 0 0 .0 .0 0 0 0 0 r.L a 0. 0- CL a CL 0- CL 0- QL CL CL 0 000 000 000 000 iz -0 70 -0 03 m m co ED ED in 00 Do ED m m co r 0) -.0, OR 0- L01600 coo C3004c70O 0 CD 0 0 0 C) C) C) ® C) C) 0 d. ci 0 0 0 C5 C7 0 t] 0 6 6 C; 0 Cr 0 0 C) CD 0 Q ® CO C) C) 6 0 0 0 C3 0 0 0 a (D 0 CO . . . . . . . . . . 00 0) C) 00 0') 0 a) ;t 00 00 CF) m C'4 qt C) C14 0 1'- 00 0) N 0 Cr) 4) C\j m CO N M r CO a) w C*) m a) c:) m m 0) m O L- N N m " C14 m C14 04 C%4 04 N m IL u,) 6% te- 6q ta 6F)- 61), U'Y Gq 693 613 VIF O 0 0 00 0 Q LL LL LL -2 LL LL LL LL O LL ❑ 0 ❑ 0 0 cu O� LL LL LL LL < < > 00 N > > N o0 N > CD 0 U) 0 0 U) 0 :3 co < ED C) < in < in 0 L) ❑ <D 4) (D a) Q) (D a) 0 i6 —CZ —cr3 —M -�6 L, l� —cu x ca r- c cu r- r- m r_ 'IT -i p " " t x E "m (�D E a�) (�D E U) C:) 0 (D U') < < it d < a- < < CL Q < C? SO 0 -14 U- n (Ni (D W (D Page 1129 of 1906 -7 0 0 :Z�l a) 0 K I r^ SPEC 142 F-350 XL Super Duty Crew Cab DRW (VV3C] FSA20-VEL28.0 lil� miss W3C DRW Crew Cab 4X2-8'Box(Base Spec I 01010 0 10 1 s - A RW Crew Cab 4X2-6%'Box 01-1 - 0 1 — $ 500.00IJ 500.00 LWB Lona Wheel Base 8 foot Box 10 0 $ 1,426.00 $ 5.327.00 ALT ALT Ue rade pada a 0 0 , 0 1 1 1 $ 5,416.00 1 Variable W4C F450 Crew Cab 4X2-8'Box GVWR UPGRADE 0 — 1 — — 1 $ 18,000.00 $ 27,112.00 6.2L 2 Valve Gas SOHC EFI NA V8(Flex Fuel)ITorgShift Ten- 996144G Speed Automatic with Selectable Drive Modes:Normal, S S i— S S — $ - NC j Tow/Ha u1,Eco,Deep Sand/Snow&Slippery 7.3L 2V DEVCT NA PFI V8 GaafTorgShift&Ten-Speed Automatic 99n/44G with Selectable Drive Modes:Normal,TowlHauI,Eco,Deep 0 0 O 0 0 $ 1,704.00 $ 1,705.00 Sand/Snow&Sli a For F350 PP ry 6.7L 4 Valve OHV Power Stroke®V8 Turbo Diesel B20 with 99T/44G manual push-button Engine-Exhaust BrakinglTorgShift®Ten- 0 0 S 0 0 S $ 10,494.00 $ 10,495.00 Speed Automatic with Selectable Drive Modes:Normal, Tow/Haul,Eco,Deep Sand/Snow&Slippery )3EIX4M Electronic Lo2kn 'Differential 0 - — 0 - '$ 389800 $ 390.00 Transmission Power Take-Off (req.Ten-Speed Transmission PTO and(62R)Pto provission;includes Transmission mounted live 0 0 D O O O $ 2,925.00 $ 3,000.00 drive and stationary mode PTO,for use with hyraulic options excluding electric over hydraulic. lillim r r r 64J 17"Forged Polished Aluminum w/Bright Hub Covers/Center 0 — — 0 — — $ 599.00 $ 600.00 Ornaments(4 aluminum outer and 2 steel inner) 64F 18"Argent Painted Steel wftnted Hub CoverslCenter 0 — 454 00 $ 455.00 n» RMFOR TBM LT245I75Rx17E BSW Arr 0 0 — 0 — $ 164-00 $ 165.00 TBL LT245R5Rx17E qWL AR 4 - — - 0 - ,- $ 249,00 8 250. 0 TCD LT265170Rx17E OWL AT 0 — — — $ 454.00 $ 455.00 TCH LT275165Rx18E BSW AIS m 0 n $ 5 512 Spare Tire,Wheel,Carrier and Jack(req.Pickup Box Delete 0 0 0 0 0 0 $ 294.00 $ 295.00 (66D) NAw/F-450 DUVAL FORD Page 1130 of 19Q6 SPEC 142 F-350 Xl.Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 XL VALUE PACKAGE(96V) Availability, •Optional on XL Not available with: •STXAppearance Package(17S) 96V Includes: 0 0 0 -- — $ 394.00 $ 395.00 •Brightchrome hub covers and center ornaments(SRW Only) •Chrome front and rear step bumper .Cruise Control(steering wheel-mounted) NOTE:Does not include rear bumper when ordered w166D Pickup Box Delete MAPPEAMCE PACKAGE(17S)' Availability. Optional on XL �i Not available with: .XL Value Package(96V) Includes: •BrightChrome OnMe •High Airflow Grille(std 06.711.Diesel DRW only) •Bright Hub Covers •ChromeFront and Rear Step Bumpers jl 17S •Cruise Control(steering wheel-mounted) 0 0 0 – 1,824.00 1,825 00 •STK Fender Vent Badge •18'Sparkle Silver Painted CastAuminum Wheels(648)(F- 350 SRW)' �►LT275165Rx18E BSW NS(TCH) •17'Forged Polished Aluminum Wheels(F-350 DRW) I • 19,51 Forged Polished Aluminum Wheels(F-460)' j Options Available: •Floor Covering,color-coordinated fu II carpetwith floor mats (16F) •6'Angular Chrome step bars(NAto Regular Cab) MI, Power E ui mentGro u a Delete 0 0 . 0 S S S S 250.00 $ 250.00 _ _- TVALI Availability: •0ptional on AT i I INot available with: •XLT Premium Package(17P) IIncludes: 17V .AulolocIdAuto unlock – -- _. 0 0 0 $ 1,599.00 li $ 1,600.00 •Fog Lamps I*Power Driver's Seat(eighFway) a Rear under-seat storage(NAwl Regular Cab) •Reverse Sensing System(76R)(not included when ordered w/Pickup Box Delete(66D)) DUVAL FORD Page 1131 of 19Cj6 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 Availability: •Optional on XLT Crew Cab Not available with: •Pickup Box Delete(66D) •XLT Value Package(17V) Requires: • 17"Forged Polished Aluminum(64J)(F-350 DRW only) •PowerScope®Trailer Tow Mirrors(54F) •Fixed Rear-windowwlPrivacy Glass and Defrost(43B)or Power-Sliding w/Privacy Glass and Defrost(4 35) Includes: .6"Angular Chrome step bars •18"Chrome PVD Aluminum Wheel(647)(SRW only) •LT275165Rx18E BSW AIS(TCH)(standard on SRW only) 17P •Autolock/Auto unlock — — 0 0 0 1 $ 3,024.00 $ 3,025.00 •Chrome exhaust tip •Chrome tailgate handle;body-color door handles with chrome insert •Chrome tow hooks–front,two(2) •Fog Lamps •Power Driver seat wlheat(8-Way) •Rear under-seat folding and lockable storage(less lockable storage on Super Cab) •Passenger seatwlheat(2-Way) •Reverse Sensing System(76R) •SecuriCodeTm keyless entry keypad(driver's side) •Unique chrome mirror caps Options Available: • Extended Running Boards,6"Chrome Angular(18D) j CAMPER PACKAGE(479) Availability. •Optional on)L,XLT Not available with: •20"Wheels and Tires •Pickup Box Delete(66D) •Heavy-Service Front Suspension Package(67H)*Tremor Off-Road Package(17Y) 4�,1 k�dudes: 0 0 0 0 0 0 $ 159.00 $ 160.00 •Extra heavy-service front springs(4x2)(2 up upgrade above the spring computer selected as consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment) •Rear auxiliary springs(Std.on 350) •Rear stabilizer bar(SRW only) •Slide-in camper certification DUVAL FORD Page 1132 of 19Qi3 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 F350 COMPLETE TRAILER TOW PACKAGE—HD Availability: •Optional on XL,XLT 534 • Includes Electrical Plug and hardware pack:Class IV Ball 0 0 0 0 0 0 $ 1,445.00 $ 1,446.00 Mount,2""Ball,Sleeve reducer,pin and clip •Recommend Trailer Brake Controller(TBC)(52B)—XL SRW •Recommend Locking rear axle upgrade when available i HEAVY-SERVICE FRONT SUSPENSION PACKAGE(67H) j Availability: •Optional on all Pickups Usage •Recommended only on vehicles(which will permanently utilize attermarketequipmentsuch as heavy-duty winches,brush guards or other apparatus which loads the frontaxie to the specified GrossAxle Weight Rating(GAWR) Not available with: •Tremor OMoad Package(17Y) 67H •Snow Plow Package(473),Gamper Package(471)or Heavy- 0 0 0 0 , 0 0 $ 124.00 $ 125.00 Service Package for Pickup Box Delete(63R) Includes: •Heavy-service frontsprings(1 up upgrade above the spring computer selected as a consequence of options chosen.Not included if maximum springs have been computer selected as standard equipment) NOTE 1:Vehicle ride heightwill increase w4he addition of this I � package. NOTE 2:May result in deterioration of ride quality when vehicle is not equipped with front and utility attachment DUVAL FORD Page 1133 of 19C1f SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 HEAVY-SERVICE PACKAGE FOR PICKUP BOX DELETE (63R) Availability: •Optional on XL and XLT •F-350 SRW Not available with: •20"Wheels and Tires,Snow Plow Prep Package(473)or Heavy-Service Front Suspension Package(67H) 63R •Moonroof(Twin Panel)(43V) 0 0 0 0 0 0 $ 124.00 $ 125.00 :Requires: •Pickup Box Delete(66D) Includes: •Heavy-service front springs(200 lbs.Upgrade above the ;spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment). •Rear stabilizer bar •Rear auxiliary springs(Std.on 350) I Pickup Box Delete(NA F450,NAw17.3L Gas Engine(99N)or 66D Pro Trailer Backup Assist Package(53%req.tong Wheelbase 0 0 4 0 0 0 $ (100.00)I $ (100.00) Variants.Included in optional bodies) 10,00019,900 GVWR PACKAGE(68D) Availability: •Optional F-350 SRW 68D Not available with: 0 0 0 0 0 0 $ $ •Trailer Tow Pkg.—High Capacity(535) Includes: • 10,000 lbs.Gross Vehicle Weight Rating(F-350 SRW) 11,400(SRW Only)113,000(DRW Only)GVWR 0 Package(see ,) �a8h � 0 0 0 0 O $ $ .. Packaged OptionslEmissions page for availability - DUVAL FORD Page 1134 of 19th SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 CNGIPropane GASEOUS ENGINE PREP PACKAGE(98F) Availability: •Optional on and F-350 Requires: •6.21-Gas Engine(996) Includes: i 98F •Hardened Engine Intake Valves and Valve Seats 0 0 0 0 0 0 $ 314.00 $ 315.00 • Bi-Fuel manifold NOTE:This package does not include CNGIPropane fuel tanks, lines,etc.Vehicle will be equipped wlthe standard factory gasoline fuel system.Additional equipment combined wlCertifled calibration reflash is required,from an external upf ter,to convert the vehicle to a CNGIPropane fueled vehicle. 41 H Engine Block Heater 0 0 0 0 0 0 $ 99,00 $ 100.00 Transmission Power Take-Off Provision(req.Ten-Speed Transmission;includes Transmission mounted live drive and 62R ! O 0 0 0 0 0 $ 279.00 $ 280.00 ;stationary mode PTO;NA 4x2142"WB;NA F-450142"WB;6.2L engine req.430 Final Drive Ratio) � 86A Engine Idle Shutdown—5 minute 0 0 0 0 0 0 $ 34UO $ 250.00'' 86B En ine Idle Shutdown—10 minute 010 O 0 0 0 $ 249.00 $ 250.00 86C Engine kaleShutdown—15 minute - 0 0 Q 0 0 0 '$ 249.Ofl $ 250.00 86D Engine Idle Shutdown—20 minute 0 0 0 0 0 0 $ 249.00 _ $ 250.00 Operator Commanded Regeneration(OCR)(req.63L Power 98R " 0 0 0 0 0 0 $ 249.00 $ 250.00 StrokeO Diesel en;'ine) 86M Dual Battery(Dual 78 AH;req.6.2L or 7.3L.Gas engine;reqs. 0 0 0 0 0 0 $ 209.00 $ 210.00 397 Amp Alternator(67B)when 7.3L engine(99N)is ordered) Boxlinklm(includes four(4)premium locking cleats;includes Interface Brackets on XL;Brackets are sld when spray-in- 6813 0 0 0 S S S $ 74.00 $ 75.00. bedliner(85S)is ordered on XL;feature is removed when PiclkUp Sox Delete(66D)is ordered on XLT) Audible Lane Departure Warning(req.66D Pickup Box Delete 60C and Pre-Collision Assistwith Automate Emergency Braking 0 0 0 0 0 0 $ 114.00 $ 115.00 (AEB),Automatic High Beam and Forward Collision Warning (94P)on XL;NAwIF450) BLISS(Blind Spot Information System)with Cross-traffic Alert and 60B (Trailer Tow(BI,Msensor in taillamp)(Reqs.Power Equipment 0 0 0 S S S $ 539.00 $ 540.00 ,Group(90L)on XL;NIA with Pickup Box Delete(66D) 12,000 Ib.Ford Performance Parts winch by Warn(Incl.wireless and wired remote controls;70-foothigh-tensile strength, 15W abrasion-resistant synthetic line;7.3L Gas engine(99N) 0 0 0 0 . 0 0 $ 2,999.00 $ 3,000.00 :requires Dual Battery(86M);6.7L Power Stroke®Diesel engine (99T)requires 397 Amp Alternator(67B)),Requires Grill Guard DUVAL FORD Page 1135 of 19W SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C) FSA20-VEL28.0 At 62M Power- ustable Pedals — -- — 10 0 0 1 _$ 1.19.00 $ 120.00_ 94P Pre-Collision Assist with Automatic Emergency Braking(AEB), ! 0 0 0 S S S $ 114.00 $ 115.00 Automatic High Beam and Forward Collision Warning 240 Amp Alternator(req.6.2L engine;240 Amp;required St S✓ S! St SI 51 67E w/Snow Plow Pkg.(473),Upfitter Switches(66S)and 1 i OV140OW 0 0 0 D 0 0 $ 84.00 $ 85.00 Outlet(43C)is ordered together) 397 Amp Alternator(req.Dual Battery(86M)on 7.31-Gas engine St St St St I St 67B (99N)only;NAw/62L Gas engine(996);required w141A Rapid- 0 0 0 0 0 0 0 $ 114.00 $ 115.00 Heat Supplemental Heater) No"Isom mom o o a a on Elm=Riew. r r Manually Telescoping,Folding Trailer Tow Mirrors with 54K Power/Heated Glass,Heated Convex Spotter Mirror,Integrated — — — S S S $ - $ Clearance Lamps/Turn Signals Power-lbiding with Autocoid,PowerScopeO Telescoping,Power �) Glass Trailer Tow Mirrors with Heat Turn Signal,High-Intensity 54F — — - 0 0110 � $ 279.00 $ 250 L®Security Approach Lamps,Utility Lighting System(LED Side- mirror Spotlights) LED Box Lighting(Incl.LED Center High-Mounted Stop Lamp 66L (CHMSL);NA66D Pickup Box Delete) 0 0 0 0 0 0 $ 59.00 $ 60.00 Trailer Brake Controller(TBC)(Verified to be compatible w/select.electric over hydraulicbrakes;7&4-way combo trailer St 81 St 52B. S S S $ 269.00 $ 27000 tow socket and bracket deleted w/66D Pickup Box Delete;Std.on 0 0 0 DRW;includes Smart Trailer Tow Connector) DUVAL FORD Page 1136 of 19Q6 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 E •Standard on F-450 Not available with: •Drop-in Bedliner(85L) •Pickup Box Delete(66D) Includes: •Five(5)pickup bed attachment pointswlplugs •One(1)frame under-bed cross member •One(1)integrated 7-pin connector on driver's side pickup bed wall 5th Wheel Hitch Compatibility: •The 5th Wheel/Gooseneck Prep Package(53W)is compatible wfthe factory orderable 5th Wheel Hitch IGts(151(and 15L)and Dealer installed Ford Accessories 5th Wheel Hitch kit by Reese –part#BC3Z-19D520-A(8 ft.box only).The prep package is also compatible w/Reese Signature Series 5th wheel hitch kits updated w!a new Leg Service 16t–Part#BC3Z-A00A25-A(8 ft. 53W 0 0 0 0 010 $ 499.00 $ 500.00 box only) +The 5th Wheel Hitch IGt-15K,5th Wheel Hitch Mt-15L and Dealerinstalled Ford Accessories 5th Wheel Hitch kit by Reese –part#BC3Z-1 9D520-A is not released to the short box(6.75 ft. box)NOTE:The short pickup box provides less clearance between the cab and 5th wheel trailer compared to"long box" pickups.The receiver centerline of the hitch should be mounted at least two inches forward from the rear-axle of the truck chassis.When selecting a trailer and tow vehicle,its critical that this combination provide clearance between the cab and tow vehicle for turns up to and including 90 degrees.Failure to follow this recommendation could result in the trailer contacting the cab of the tow vehicle during tightturns.Gooseneck Hitch Compatibility: j P Aga-,[ , r- Platform Running Boards(Std.on F•350 DRW XLT and F-450 SI SJ 18B 0 0 0 0 , 0 0 444.00 $ 45.00 XL 18C 6"Angular Chrome Step Bar(Std.on Lariat F-350 DRW and F_ 0 0 4 0 0 0 $ 694.00 $ 695.00 450;XL reqs.STXAppearance Pkg.(17S)) — - a a�,a� $ 73s.DD 18D Extended Running Board,6'Angular Chrome$440 w.17p — $ 74U0 3 1 3 3i Center High-mounted Stop Lamp(CHMSL)(F-350 only;CHMSL is deleted from vehicles over 10,000 lbs.GVWR with 66D Pickup j 59H Box Delete;replaced with a black cover;to add CHMSL with 660 $ - $ Pickup Box Delete,select 59H.CHMSL is standard under ail 0 0 0 0 0 0 other conditions.) i 153 Front License Plate Bracket DUVAL FORD Page 1137 of 1906 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 REAR VIEW CAMERA AND PREP KIT(872) Availability: •Optional on XL and XLT Requires: •Pick Up Box Delete(66D) Pre-installed Content Includes: •Cab Wiring 872 • Frame Wiring to the rear most cross member 0 . 0 0 0 0 0 $ 414.00 $ 415.00 •Video Display 4"display when ordered 8"display when ordered with SYNC®3 Upfitters kit Includes: •Camera with mounting bracket • 14'jumper wire •Camera mounting and aiming instructions 595 Halogen Fog Lamps(req.XL Decor Group(17F)on XL) 0 0 0 O 0 0 $ 129.00 $ 130.00 Rear CHMSL Camera(display in center stack screen;includes LED Center High-mounted Stop Lamp(CHMSL)with Cargo 873 Lightand Rear Video Camera;NAwlPickup Box Deleted(66D), 0 0 0 0 0 0 $ 199.00 $ 200.00 Individual Trailer TPMSlCustomerlPlaced Trailer Camera(653) or Customer/Placed Trailer Camera(6513)) ULTIMATE TRAILER TOW CAMERA SYSTENt WI PRO TRAILER BACKUP ASSIST PACKAGE(53R) Availability R Optional on A.,XLT,and lariat (+Standard on?Ong Rana®,Platinum,and Limited Not available with: (•Pickup Box Delete(660) Requires. .Power Equipment Group(901.)–XL only i •STXAppearance Package(178)-XL only 53 R ' 0 0 0 O O i 0 $ 1,599.00 $ 1,600.00 •SYNCO 3(913)-XL only •Trailer Brake Controller(5213)–XL only Indudes:-*Pro Trailer Backup Assist •Lane-Keeping Alert •Ultimate Trailer Tow Camera System —Rear Mew Camera —360 Degree Camera System --Rear CHMSL Camera --Trailer Reverse Guidance —LED Center High-Mounted Stop Lamp 592 LED Roof Marker/Clearance Lamps(Std,on F-350 DRW&F- Sd SI SII S/ SI S1 $ 94.00 $ 95.00 450` 0 , 0 ' 0 0 ' 0 ! 0 ` 85G Tailgate Step(includes step and handle;NAw166D Pickup Box 0 0 D 0 4 0 $ 374.00 $ 375.00 DUVAL FORD Page 1138 of 19C913 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 Tough Bed®(spray-in bedliner;includes tailgate-Guard,black 85S box bed tie-down hooks and black bed attachment bolts;NA 0 : 0 0 0 0 0 $ 594.00E$ 5 w/66D Pickup Box Delete) Defrost with Fixed and Privacy Glass(Privacy Glass is standard 438 !on AT;XL req.Privacy Glass(924)and Power Equipment 0 0 10 0 0 0 $ 59,00 $1 60.00 -Group(90L)) Power-Sliding Glasswith Defrostand Privacy Glass(XL req.90L 435!924 power Equipment Group;924 Privacy Glass is standard on AT) 0 0 0 0 0 0 $ 404.00 $ 405.00 1:ii gin's gil Moonroof;Power(Twin Panel on Crew Cab;optional availability 43V on XLT req.17P AT Premium Pkg.;includes map lights and — — — 0 0 0 $ 1,494.00 : $ 1,495.00 Moonroof switches;NAw/Pickup Box Delete(66D)) i 11 OV140OW Outlet(with 40120/40 seats,there is one in-dash ! 43C mounted outlet 2` outlet in the console req.401Consoie140 0 0 0 S S S $ 174.00 $ 175.00 seats;req.200 Amp Alternator(67D)) Floor Covering,color-coordinated full carpetwith floor mats 16F 0 0 0 — — — $ 59.00 $ 60.00 (reqs.STX , earance Pk . 17S`° 16T Floor Mats;All-Weather$325 for flour iece _011i OJ 0 $ 164.00 I' $ 1 fi5 0' 166 Carpet Delete(XLT&Lariat replaced wlblackflooring) S S S 0 0 0 $ - � $ (25.00) Rapid-Heat Supplemental Cab Heater(Optional in all states with 41A 0 0 0 0 0 0 $ 249.00 $ -250.00 6.71 Power Stroke®Diesel engine) 76S Remote Start System(req.90L Power Equipment Group) 10 0 0 0 0 0 $ 249.00 $ 250.00 76R Reverse Sensing System(NAwl660 Pickup Box Delete)$245 ' fl 0 i 0 0 4 0 $ 294.80 ''$ 295.00 j with A.Aftermarket for use with service body applications;$625 XL fifiS Upfitter Switches;(6)(Located in overhead console;req.200 0 00 0 0 O $ 164.04 $ 165.00 Amp Alternator 67Di` 1-7 1 SYNC®3-Enhanced Voice Recognition Communications and Entertainment System –'8'LCD Capadtive Touchscreen in Center Stack YAth Swipe Capability` –Pinch-to-Zoom capability included with available Voice- Activated Touchscreen Navigation System 913 4.2'productivity screen in IP duster 0 0 0 S S S $ 449.00 $ 450.00 AppLink® –911 Assist® –Apple CarPlayTm and Android Autolm Capability –Smart-Charging USB-C ports–two(2) --Includes 11 OV140OW Outlet(43C) Reqs.Power Equipment Group(90L)on XL only;NAwlRear CHMSL Camera(873)on XL DUVAL FORD Page 1139 of 19WD SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 SiriusXM®Radio 39S 0 0 0 S S S $ 184.00 $ 185.00 -adds one(1)VP mounted center speaker on XL and XLT only Voice-Activated Navigation with HD and SidusXM Traffic and Travel Link®(included w196U Lariat Ultimate Pkg.) 21 N Nate:SiriusXM Traffic and Travel Link®Includes a 5-year — — - 0 0 0 $ 569,00 $ 570,00 prepaid subscription. MW r r r r 7 Cloth 4012fl140' 4"` tri ` revrcab L Vinyt;40/Mini-Console/40 0 0 0 — — — $ 354.00 $ ;155,00 ( 401Mini-Consolel40vith crew cab,$6141 0 00 -- - — $ 613.00 3 6th 00 2 Cloth,40/Console140 su er and crew cab — — 0 0 0 $ 944.00 ! $ 945.00 XL DECOR COUP(17F) Availability+ o Optional on XL(Fleet only) Includes: 17F •lrightchrome hub covers and center ornaments(SRW and 0 0 0 — �— — -( � $ 219.00 $ X20,00 64J DRW Wheel only) ; •Chrome firontand rear step bumper NOTE:Does not include rear bumper when ordered w166D Pickup Box Delete 525 Cruise Control(steering wheel-mounted)Included in packages 0 0 0 -- -- -- $ 234.00 $ 235.00 17s,96v Daytime Running Lamps(DRL)(the non-controllable 942 942 Daytime Running Lamps(DRL)replace the standard Daytime 0 0 0 0 Q 0 $ 44,00 $ 45,00 Running Lamps(DRL)(OnA39Cluster Controllable) 51X Spare Wheel and Tire Delete(also deletes jack and frame 0 0 0 — — — $ (25.00) $ (25.00) mounted carrieri 926 Speed Limitation—65-mph governed lop s ' ed 0 0 0 ]0 0 0 $ 79.00 80,00 927 Speed Limitation—75-mah governed top seed 0 0 01- 0 0 0 $ 79.00 $ 80.00 Individual TPMS Delete(optional on F-350 SRW over 10K 18L 0 0 0 ,010 0 $ $ GVWR;NAwl68D 10,000 GVWR Package; F-350 SRW only) 18A Upfitter Interface Module 0 10 0 0 0 0 $ 294.00 $ 295.00 ® Big r r r 62X Aluminum Crossbed Toolbox)—NAwlPickup Box Delete(66D) 0 iO O 0 0 0 $ 574.00 $ 575.00 Premium Aluminum Crossbed Toolbox by Weather Guard 62Y 0 0 0 0 10 0 $ 789,00 $ 790.00 (model#127-0-02)—NAw/Pickup Box Delete(66D) Gooseneck Dual Hitch Nt-15E—F-450 only(includes one(1)2 15E 5116"Gooseneck ball,one(1)3"Gooseneck ball and two(2) 0 0 0 0 0 0 $ 369.00 $ 370.00 safety chain tie-down bars;NAw1851.Drop-in Bedliner or 85M Bed Mat) DUVAL FORD Page 1140 of 1 QQ6 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 Customer-Placed Trailer Camera(req.Ultimate Trailer Tow 65B Camera System;wlft TrahrBackup Assist Package(53R) — — 0 0 I 0 $ 374.00 $ 375,00 NAWRear CHMSL Camera(873) Individual Trailer TPMS(Includes four(4)TPMS sensors)Note: 65A Trailer TPMS sensors only compatible on wheels with a.452' ---- 0 0 0 $ 499.00 $ 500.00 diameter valve stem Individual Trailer TPMS/Customer-Placed Trailer Camera(req. Ultimate Trailer Tow Camera System;w1ft TrakerBackup 653 lAssist Package(53R) NAwlRear CHMSL Camera(873))Note: ,- — -- 01 0 0 $ 724.00 $ '725DO ;Trailer TPMS sensors only compatible on wheels with a.452' ,diameter valve stem 52R ;Stowable Loading Ramps(NAwith Aluminum Toolbox 0 0 0 0 0 0 $ 694.00 $ 695.00 62X162ZY' re ;s,second unit bodyl LED Warning Strobes–Amber(req.59H center High-Mounted 91S Stop Lamp;includes center high-mounted stop light bar and two 0 TO 0 0 1010 $ 674.00 ,'$ 675.00 (2)hood mounted lights} LED Warning Strobes–Amber-White(req.59H center.High- 91G igh-91G Mounted Stop Lamp;includes center high-mounted stop light 0 0 0 0 0 0 $ 724.00 $ 725.00 bar and two(2)hood mounted lights) I 87H Flood Deflector–Black Molded 0 010 0 0 0 $ 129.00 $ 130,00 85L Drop-in Bedliner(NAwith all Gooseneck features(53W,15E, 0 0 0 0 0 0 $ 349.00 $ 350.00 15 Box 660 Pickup Bax Delete] Tonneau Pickup Box Cover–Soft Folding(NAwlAluminum 21 D Crossbed Toolbox(6=62Y),Stowable Loading Ramps(52R) 0 0 0 0 0 0 $ 524.00 $ 526.00 or0rop4n Bedliner(85L) Tonneau Pickup Box Cover–Hard Folding(NAwlAluminum 21 E Crossbed Toolbox(62X162Y),Stowable Loading Ramps(52R) 0 0 0 0 0 0 $ 994.00 $ 995.00 or Drop-in Bedliner(85L) Tonneau Pickup Box Cover–Retractable(NAWAluminum 21 J Crossbed Toolbox(62X162Y),Stowable Loading Ramps(52R) 0 0 0 0 0 0 $ 1,694.00 1 $ 1,69500 or Drop-in Bedliner(85L) 61L Wheel Well Liner,Front 0 0 0 0 0 0 $ 179.00 $ 180.00 Wheel Well Liner,Rear(avail. F350 SRW only;NAw166D 61 M 0 0 0 0 0 0 $ 179.00 $ 180.00 Pickup Box Dalete)WHEEL WELL LINERS-REAR 135EAD 61 N Wheel Well Liner,FrontlRear(avail. F350 SRW only;NAw16660 0 0 0 0 0 $ 324.00 $ 325.00 Pickup Box Detete` Bed Mat(NAwith all Gooseneck featu res(53W,15E,15J,15K), 85M 66D Pickup Box Delete,85L Drop-in Bedliner or 85S Tough 0 0 0 10 0 0 $ 149.00 $ 150.00 Bed®(spray-in bad liner) DUVAL FORD Page 1141 of 191Q3 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 Splash Guards/Mud Flaps Front(reqs.Splash Guards/Mud Flaps Rear(62S)for F350 SRW and DRW;standard on F-350 61 S DRW when Deployable Running Boards(18E)are ordered;NA 0 0 0 0 0 0 $ 129.00 $ 130.00 on F-450 or 66D Pickup Box Delete) !Splash Guards/Mud Flaps Rear(NAw166D Pickup Box Delete; res lash GuardsNud Flaps Front 61 S for F350 SRW and DRW;optional on F-350 DRW when Deployable Running Boards(18E)are ordered) 21X Vehicle Safe by Console Vault(reqs.Seat-Bucket 401console140) --- -- — 0 0 0 $ 329.00 $ 330.00 76C Exterior Backe Alarm.May be dealer installed 0 0 0 0 0 1 0 $ 139.00 : $ 140.00 I Gooseneck Hitch INt-15J(req.53W 5th Wheel/Gooseneck Hitch 15J ;Prep Package;Available F-350 only;NAw185L Drop-in Bedliner 0 0 0 10 j 0 0 $ 249.00 $ 250.00 or 85M Bed Mat) I 5�Wheel Flitch IGt-15L--includes 19k rated hitch for SRW.{req. j 15L 53W 5u'WheellGooseneck Hitch Prep Pkg.and 8 1 box;NA 0 0 iI 0 0 0 0 $ 1,094.00 $ 1,095A0 w185L Drop-in Bed liner or 85M Bed Mat th 5Wheel Hitch Kt-15K-includes 32.5k rated hitch for DRW 15K ;(req.53W 5'h Wheel/Gooseneck Hitch Prep Pkg.and 841L box; 0 0 0 0 0 0 $ 1,494.00 $ 1,495.00 NAw185L Drop-in Bedliner or 85M Bed Mat) Stainless Steel Wheel Covers-Front&Rear(F-350 DRW only; (' 945 0 0 0 0 0 0 $ 379.00 ,� $ 380.00 req.64K 17"Argent Painted Steel Wheel) Ship Thru Qualified body modifier. Includes second stage mso, (31*) body certification label and pre-delivery inspection. Second 0 O 0 0 0 0 $ 625.00 NA Stage MSO required for Tag. 11 a VAN STLIGHT Streamlight Rechargeable Stinger Flashlight-75712 0 0 0 0 0 0 $ 189.00 NA THMS500-PPI 500 Watt Inverter with mash Switch-includes TH0002 0 0 0 0 0 0 I $ 396¢00 NA TH750S 750 Watt Inverter with Dash Switch-includes TH0002 0 0 0 0 0 0 $ 596.00 NA TH1000 1000 Waft 9nverterwith Dash Switch 0 j 00 010 0 $ 64100 NA TH1500 1500 Walt Inverter with Dash Switch-includes TH0002 0 0 0 0 0 0 $ 695.00 NA :000 2000 Watt inverter with Dash Switch 0 0 0 0 0 0 3 796.00 ! NA TH 000 3000 Watt Inverter with Dash Switch 0 10 10 10 0 0 5 966.00 NA DSi-1211200N Dimensions 1200 watt Pure Sine Wave 0 10 0"10, O _O _$ 1.495.00 DSI-REMOTE Remote control for Dimensions 0 11,0 0 0 Q 0 $ 145.00 NA USB Ohone HD Cha je Wire for Ohone-USB PHONE 0 $10 0 010 0 $1 39.00 NA USBAndroid HD Charge Wire for Android-USB ANDROID 10 0 0 0 0 0 $ 39.00 NA Safety Wt Incl;First Aid Mit,Triangle Kit&Fre Extinguisher - - SAFET 10 l 0 0 0 0 0 $ 276.00 NA (Speclfy monting location)B500T,PIET449,6430 DUVAL FORD Page 1142 of 19Q6 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 SAFET2 First Aid,Fire Extinguisher s eci moutnin location and Road 0 0 0 0 0 g ( p � g ) O ' $ 536.00 NA LED 1Gt 6430,B500T,1140-4PACK SAFET3 All Purpose Anti Bacterial Wipes,FDAApproved(50 Count)With 0 0 0 0 0 0 $ 54.00 NA :Face Mask PHONE=. Car Cuo Halder Phone Mount 0 0 0 0 10 0S 80.00 NA WTM 2 All Weather Laser Cut Floor Mats 2 Piece 0 0 0 0 10 0 $ 'mooF WTM 4 AH Weather Laser Cut Floor Mats- 4 Piece 0 0 0 0 0 0 $ 290.00 NA C l 1 LAPTOP 0' S D D S D 14"Basic Console Package:4"Dual Beverage Holder,Console Tray,2-DC Outlets,l-Dual USB Port Faceplate,Height CC-MC-I4-FT-K Adjustable Arm Rest(SPECIFY RADIO MODEL AT THE TIME OF 0 0 0 0 0 0 $ 742.50 NA ORDER) 16"Wide Body Console with Open Storage on Side of Console: CC-WBOS-16- 4'Dual Beverage Holder,Console Tray,2-DC Outlets,l-Dual FT-K USBPortFacepiate,Height,Adjustable Arm Rest(SPECIFY 0 0 0 0 0 0 $ 815.Q0 NA RADIO MODEL AT THETIME OF ORDER) 20"Wide Body Console with Open Storage on Side of Console: CC-WBOS-20- 4"Dual Beverage Halder,Console Tray,2-DC Outlets,1-Dual 0 0 0 0 0 0 $ 887.50 NA FT-K USB Port Faceplate,Height Adjustable Arm Rest(SPECIFY RADIO MODEL AT THE TIME OF ORDER) 16"Wide Body Console Package with Open Storage on Side of CC-WBOS-16- Console-4*Dual Beverage Holder,Console Tray,2-DC Outlets, 0 0 0 0 0 0 $ 993.75 NA FT-FB 1-Dual USB Port Faceplate with Lidded File Padded Box (SPECIFY RADIO MODEL AT THE TIME OF ORDER) CM-F15-SA-KR LapTop Stand Passenger side mounted with Universal 0 . 0 j 0 0 0 0 $ 717.50 NA ComputerTray CM-SDMT SL- Lap Top Mountwith Easy One Handed Slide Arm and Universal KIT Computer Tray. Use when ordering Troy Console 0 0 0 0 0 0 $ 735,00 ISA a , err e11 0 - ` wades` 0;,.. 0 '`0,,, ,0 "� PINTLE BC P'intle Ball Combination 2 5116"with Adjustable Shank 0 0 0 0 0 0 $ 350.00 NA FII E F, Pintle Bail Combination 2 5116"with Fixed Shank 0 1 O 0 O 0 0 ' $ 285,.00 �._ NA 4 ISS R Aries 3"Tubular Runnin Boards-Black 0 0 0 0 0 0 $ 495.00 j NA DSC Aries 4'Oval Runnin Boards-Black O O t7 0 0 O $ 515.00 NA - - PG Bu Shield 0 0 0 0 0 0 $ 140.00 NA 3K Pro rammed kite fated Ke Transmitter Fob 0 0 01 0 0 0 $ 354.Q0 r A -- KPAT 5 Pro rammed Ke with 1'atsTechnolor v,FleetKe, 0 0 0 0 0 O $ 225.00 NA - -- 2 TONE, Two Tone Paint Scheme,Roof and Doors 0 0 0 '0 0 0 $ 1,896,00 A 2 TONED Two Tone Paint Scheme Doors Onl 0 0 0 0 0 0 $ 11496.00 NA C L Relocate facto camera 0 0 0 0 0 0 $ 285rv00 NA aACX Reverse Sensin tem,Dealer Installed 0 O 0 0 0 ' 0 $ 445.00 NA HD Spray In Bedliner,Includes Compartment Tops,Interior and SprarSS 0 0 O 10 O 0 $ 945040 NA Tailgate 5pra BR 'HD Lora in Bedlineron Bumper 0 0 0 0 O 0 $ 210.00 NA DUVAL FORD Page 1143 of 1 aQ6 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 - - - Spray ESV HD Spray in Bed liner for Enclosed Servie Body,Incudees Floor 0 0 0 0 0 0 $ 1,895.00NA and 16"up,side walls uCoat Under Coatin 0 0 0 0 0 0 $ 850.00 NA Procomp(Vitro 3.5 inch level kit Includes.Procomp Nitro 3.5 �® inch level Idt 18x9 Procomp wheels or equal 35x12.50818 Nitto`Trail Grappler Tires PROCOMPA 3 inch black tube side steps 0 0 $ 5,360.00 NA Speedometer Calibrator i) Labor&Alignment 3136k parts&labor warranty This kit has a 3,5 inch font lift with a 1 inch block in the rear to level the buck. Procomp 6 inch suspension lift. Includes:Procomp 6 inch suspension lift Dual steering stabilizer 18x9 Procamp wheels or equal PROCOMP B 35x12.501R18 Nitto Trail Grappler Tires 0 0 $ 6,640.00 NA 3 inch black tube side steps Speedometer Calibrator Labor&Alignment 3136K parts&laborwarrant Lail Levelin Id Ralses the Fano Front 2" 0 0 0 ! 0 0 0 $ 1,556.00 NA I TINT 1 Window Tint On Front Windows Including Windshield Strip 0 10 0 0 0 0 $ 265.00 NA TINT Tint All Windows Door including Windshield Strip ` 0X10 1 010 0 0 $ 385.00 TINT 3 Limo Tint Doors Includin Windshield Strip 0 : 0. 0 0 0 0 $ 465.00 NA OEM 1 Gra hits-Basic Fleet Pada a 01 0 0 0 D O $ 300.00 NA DECAL 2 Graphics-Customized Package With Unit numbers 0 0 0 0 0 0 $ 450.00 NA I Nitrogen filled Tres In Lieu Of Std.Factory Fill. Feel Economy I NITRO 0 0 0 10 0 0 $ 245.00 A Saver Due To Tire Pressure Consistency,On Ground I � I If I ILS GUARDS AND WINCHES 0 SID D J, SD 57-93905 Westin HDX Wrap Around Grille Guard with winch plate 0 i 0 0 0 0 j 0 $ 1,295.00 GSA 57-3905 Westin HDX Wrap Arouhd Grille Guard withoutwinch plate 0 ( 0 0 0 0 ( 0 $ 1,195.00 NA Warn wrap around grill guard with winch plate 88240,98080, WARN 0 0 0 0 0 , 0 $ 1,530.00 NA 98090 ,98095 103250 8000#Warn Winch with Remote 0 0 0 0 0 0 ' $ 900.00 NA t 052 10000,Warn Winch with Remota 0 0 0 ' 0 0 101 $ 950.00 I PSA ,103254 12000#Warn winch with Remote 0 0 0 0 0 0 $ 1,070.00 NA CASSHIELDS D S d D S d -_ CABSHLD Sterling Cab Shield with Mesh Window,Includes Black Pwder 0 0 00 0 0 $ 625.00 ! NA Coating i950FSD Sterling Cab Shield with Mesh Window,Includes Black Pwder CABSHLD B Coating and Beacon Provision IH95OFSDE] 0 0 0 0 0 0 $ 650.00 NA DUVAL FORD Page 1144 of 19QQ SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 CABSHLD L Sterling Cab Shield with Mesh Window,Includes Black Pwder 0 0 0 0 0 0 $ 675.00 NA Coating and Lightbar Provision[i950FSDF] CABSHLDA Sterling,Cab Shield,Aluminum jA 51FSDF 0 0 0 0 0 0 '$ 895.00 NA _ - - BACKRACK Back Rack Light Duty Louvered Headache Rack-15018,30221 0 0 0 0 0 0 $ 555.00 NA TRACKI Trac One Universal Rack ATR270000' 0 0 0 0 0 0 $ 815.00 NA, C LIQMG: Additional Cghtng options located In Rghting D 5 D D S D submission document. LEDSPOT LED Pillar Mounted Spotlight-325PL-0002,189,P46SLC 0 0 0 0 0 0 $ 695.001 NA GOLITE LED Permanent Mount Go-Light brand spotlight20074GT 0 0 O 0 0 0 725.00 NA i3RD Brake`,Light Safety Pulse(Pulses3rd brake light(4)times L upon application ofbrake pedal to increase driver awareness 0 0 0110 0 0 $ 279.00 ' A behind you when stopping) 4 Corner Flashing System(2 Surface Mounted In Grille,2 In Tail j LED PKG 1 Lights) (Specify color attime of order)MCRNS*,MCRNB1, 0 0 0 0 0 0 $ 675.00 NA VTX609* 16"Mini Whalen Led Century Light Bar-Amber light with Amber LED PKG 2 0 0 0 0 00 $ 495.00 NA Lens-MC16PA 16"Mini Whelen Led Century Light Bar-Amber iightwith Clear- ;LED PKG 3 MC16PCA 0 0 0 0 0 0 $ 550.00 NA Ili"Mini Whelen Led Century Light Bar-Ambefthite lights with LED PKG4 0 . 0 0 0 0 0 $ 55040 NA Clear Lens-MC16PF LED PKG 5 23"Mini Whelen Led Century Light Bar-Amber light with Amber 0 0 0 0 0 0 $ 695.00 NA Lens-MC23PA "Mini Whelen Led Century Light Bar-Amber light with Clear- L®PKG 6 23 0 0 r 0 00 ��0 $ 695.00 NA MC23PCA LF-[}PKG 7 23"Mini Whelen Led Century Light Bar-Amber/white lights with 0 10 0 0 0 0 $ 695.00 NA Clear Lens-MC23PF 54"Fully Populated Whelen Justice Light Bar,6-Switch Controller&4 Comer Flashing System With Mounting Hardware I LED PKG8 0 0 0 0 0 0 $ 3,402.00 N (Specify color attime of order)JV21.,PCC6W,MCRNS*, MCRNB1,VTX609* 54"Fully Populated Liberty II Light Bar,6-Switch Controller&4 LED PKG 9 Corner Flashing System With Mounting Hardware(Specify color 0 0 0 0 0 0 $ 3,022.00 NA at time of order)IW2****,PCC6W,MORNS*,MCRNB1,VTX609* Interior Flashing System:(2)SOLO Avengers In Headliner,(2) SOLOAvengers In Rear Deck,4 Comer flashing System with LED PKG 10 0 0 0 0 0 ' 0 $ 1,754.00 NA Single Mounted Controller(Specify color attime of order) iAVC11*,MCRNS*,MCRNB1*,VTX609*,' Premium Interior Full Width Flashing System Front and Rear LED PKG 11 With Directional Functions,2-Hideaway Grille Lights,2-Flashing 0 0 0 0 0 0 $ 3,400.00 NA Tail Lights,Siren/Controller,Speaker and Mounting Brackets DUVAL FORD Page 1145 of 19jW SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 .............__._.. 54"Fully Populated Whelen Justice Light Sar,Siren/Controller, LED PKG 12 Speaker 84 Corner Flashing System With Mounting Hardware- 0 0 0 0 0 0 $ 2,863.00 NA J112""'"`,SA315P,MCRNS*,V D309 j 54"Fully Populated Whalen Liberty II Light Bar,Siren! LED PKG 13 Controller,Speaker 84 Corner Flashing System With Mounting 0 10 . 0 0 0 0 $ 3,350.00 NA Hardware-IW2****,SA315P,MCRNS*,VTX609* ., D S D D S D KS 71 LP Low Profile HD Nng Size Aluminum Toolbox with Low Profile 0 0 0 0 :10 0 $ 574.00 NA f_ockdr� 'ud - UWSTB-69 Low Profile HD Ill Size Aluminum Cross BodyToolboxwith 0 0 0 0 j 0 0 $ 605.00 NA Gull Wing Lids AUWTBS-48 HD Aluminum Side Mounted Toolbox48'Long,Price per side (0 i'0 �.0 0 0 0 i$ 480.00 i AUWTBS-72 HD Aluminum Side Mounted Toolbox 72'Long,Price per side ' 0 0 0 0 0 0 $ 496.00 NA WGGW TB Weather Guard 114-Ml Gull Wing,Aluminum,Full Extra Wide 0 0 0 0 0 0 $ 1,227.00 t TOOL AND Tool and fuel:UTS 7101 100 Gal capacity with meter,electric 0 0 0 0 0 0 $ 2,296.00 NA FUEL pump and 30'hose.Diesel Fuel only. L erlcan Rall Cover with tool box 0 _0 0 0 0 0 $ 3,695.00 NA D S D DiS ' D SLIDE 1000 1000 LB Capacity Cargo Glide lied Slide JCG1000 8048195481 �;0 0 0 0 0 0 $ 1,310.00' NA SLIDE 1200 1200 LB Capacity Cargo Glide Bed Slide[CG1200 8048/9548] 0 0 0 0 0 0 $ 1,502.00 NA SLOE 1500 1500 LB Capacity Cargo Glide Bed Slide{CG1500 8048195481 0 i 0 0 0 0 0 $ 1,555.00 NA CiarqoE,71200 1240 LB CaElaqj Caro Ease Bed Side 0 0 0 0 0 0 $ 1,269.00 NA Car oEZ 1500 1'$OO LB Ca aci Car o Ease Bed Side 0 0 '0 0 0 Flo 1498.00NA Extendo 15 1500#Capacity Extendo Bed for[EB15751EB1590] 0 . 0 0 0 0 0 $ 2,639.00 NA Extendo 20 2000#Ca act Extendo Bed 2U751EM 90 0 0 0 0 0 0 $ 2;$63.00 I INA, EXTANG SFT Extang Tri Fold Locking Bedcover,Soft[92486192488] 0 0 0 0 0 0 $ 659.00 NA I FXFANG HD Extang Tri Fold Locking Bedcover,Hard 183486/834 881 0 0 0 0 0 0 $ 1,230.00 NA CRANES Eiguire Reinforced body or Crane Bodjj,' D S D D S D 3,000 Lb Auto Crane EHC3 PRX-Hardwired Control,Boom Rest, AC3K Auxiliary Battery,Circuit Breaker and Crane Annual Inspection 0 0` 0 0 0 0 $ 13,650.00 NA Decal 3,000 Lb.Liftmoore Electric Crane 3612REE-Hardwired LC3K Control,Boom Rest,Auxiliary Battery,Circuit Breaker and Crane 10 0 0 0 0 0 $ 13,000.00 NA Annual Inspection Decal 3,000 Lb.Stellar EC3200-FM CONTROL,Boom Rest,Auxiliary SC3K Battery,Circuit Breaker and Crane Annual Inspection Decal 0 0 0 0 0 0 $ 12,900.00 NA DLIVAL FORD Page 1146 of 1906 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 3,000 Lb.Venturo ET12KX HARDWIRED CONTROL,Boom VC3K Rest,Auxiliary Battery,Circuit Breaker and Crane Annual 0 0 0 0 0 0 $ 13,650.00 NA In ection Decal i 3,000 Lb.Venturo 1=T12KXXP-16 FM CONTROL,Boom Rest77 VC3K FM Auxiliary Battery,Circuit Breaker and Crane Annual Inspection 0 10 0 0 0 0 $ 15,000.00 NA Decal, REIN FORGE 3k Body Reinforement on Knapheide service body or flathed for 0 0 0 0 0 0 $ 2,836.00 NA use with 3000#cranes. Includes one outrigger on 3k spec. TOPPERMBC S D S D D S D FCHT Cab High Fiberglass Topper with Sliding Side Windows. 0 0 0 0 0 0 $ 2,015.00 NA YAKI Yakima Roof Rack Adjustable Round Bars 0 6716 0 TO $ 515,00, NA FCHT OPT 1 Fiberglass Toolbox with Shelf for Cab High Toppers Only(Each) 0 0 0 0 0 0 $ 545.00 NA FCHT OPT 2 Glass Side Windoors Flip out for easy access,req topper me 0 0 0 0 0 0 $ 41500 INA FCHT OPT 3 Solid Painted Windoors for added security.req.topper me 0 0 0 0 0 0 $ 595.00 NA Ranch legacy series fiberglass painted bed lid,dual shock, F8L 0 0 0 0 0 0 $ 1,785.00 NA black powder coated hardware.single lockwith two keys Two white led steady burn lights inside pickup bed for closed Cargo VizTwo visibilit 0 0 0 0 0 0 $ 362.00 NA ARE-LSli ARE LSIISeries Tonneau_Cover 0 0 0 0 10 0 $ 2,050.00 NA ARE-V AR.E.V Series Fiberglass Topper. Includes front,side,and rear 0 0 0 0 0 0 $ 2,325.00 NA windows. AR.E.DCU 23"Tall.Includes hatch rear door with T:lock,rear ! ARE-DCU tinted window,full length tool box on each side,and front picture 0 0 0 01 01 0 !$ 3,250.00 NA windo� � �! SpaceKap-8'Compak(Transferable Service Body).Includes SK-COMPAKB side doors.Body can be placed in any 8'truck bed.Easily 0 0 p 0 0 0 $ 10,400.00 NA transferable.Also available for 6'truck bed.Add Contractor Bin Pkg for$1,395.Add Plumber Pkg for$1,995. SpaceKap-8'Wild(Transferable Service Body).Includes side SKMILDI doors. Body can be placed in any8'buck bed.Easily transferable.Also available for 6'truck bed.Add Contractor Bin Pkg for$2126.Add Plumber Pkg for$2,680. SpaceKap-8'Diablo(Transferable Service Body).Body can be placed in any 8'truck bed.Easily tra nsfera b le.Also available for SK DIABL08 6'truck bed.Add Contractor Bin Pkg for$2,460.Add Plumber 0 0 0 0 0 0 $ 10,99Q.QQ NA Pkg for$3,300. RETRAX Retrax retractable bed cover for 6 314 foot bed.NA for 8ft bed 0 00 0 0 0 $ 1,550.00 KA, Rall N Lock Roll N lock retractable bed cover [LG15M1 LG152M] 0 0 0 0 0 0 $ 1,596.00 NA LIFTGATES: Rewire CamLoco tioni D -S D D S D' TGS TP27 1300#Tommy Gate G2 601342 TP27 Steel Platform 0 0 0 010 0 $ 3,200.00 NA DUVAL FORD Page 1147 of 1 qg6 SPEC 142 F-350 XL Super Duty Crew Cab DRW {W3C] FSA20-VEL28.0 TGATP27 1300#Tommy,Gate G2 60 X27 Aluminum 0 0 0 0 0 0 !$ 3,775.04 NA TGS TP38 1300#Tommy Gate G2 601342 TP38 2 Piece Steel Platform0 0 0 0 0 0 $ 3,300.00 NA TGA EA38 1300#Tommy Gate G260;1342 EA38 2 piece Aluminum 0 0 0 0 0 0 $ 31900.00NA TGS TP271500 1500#Tommy Gate G2601642 TP27 Steel Platform 10 0 0 0 0 $ 3,300.00 NA TGS TP381500 1500#Tommy Gate G2601642 TP38 2 Piece Steel 0 0 0 0 0 0 $ 3,400.00 NA TGA EA271500 .1500#Tommv,Gate G2601642 EA27 Aluminum 0 0 0 0 0 0 $ 3,925.00 _NA TGAEA381500 1500#Tommy Gate G2601642 EA38 Aluminum 2 Piece 0 0 0 10 0 0 $ 4,100.00 N (TGA EA481500 1500#Tommy Gate G2601642 EA48 aluminum 2 Piece 0 0 0 0 0 0 $ 4,350.00 NA THS 1500 Tta_ieman 1500#TT15U 56 X 26 SWel 1 Piece ---_ 0 0 0 0 0 0 $ 3,375.00NA THS 1500 B Tbieman 1500#TT15ET 56 X42 Steel 2 Piece 0 0 0 0 0 0 $ 3,725.00 NA THA 1500 Thleman 1500#T1.15t_T 56 X26 Aluminum'1 Piece 01 0 0 0 0 0 $ 3,650.00 NA ;THA 1500 B Thieman 1500#TT15ET 56 X 32 Aluminum 2 Piece 0 0 0 0 0 0 $ 4,000.00 NA THA 1500 C Thieman 1500#Tt15):T 56 X 44 Wuminum2 Piece 0 0 i0 0 4 0]$ 4,425.00 NA RACKS D S D D S D F ' p ie Side{.adder Ralf,Aliirsum fl 0 } 0 _0, 0! $ 1,1)45 U0 NA .SLMatRac_k S Over Cab Material Rack,Steel _ _ 0 _0 0 0 0 10 $ 1,990.00 NA atRac�c A Ower CabCab MaterialAlisminum' 0. U40.001( NA M:aRack SB !Over Cab P 'ateria]Rai W1th Baske Steel 0 L 0 0 , 0 0 0 2 90x00 NA :. ,` `l '� ,i u r , A r t SBM87B\PVS,S Dakota 8ft SRW"SB"Svc Bodes-Steel X 0 LX X 0 X a 7520.00 NA 878WFF (Dakota 8ftSRW"SB"Sic Body•Steel wl Fiiptop Lids X 0 'X X 0 X $ 8,410.00 , NA !SW878VVSS Dakota 8ft SRW"SB"Svc Bod Aluminum X 0 X X 0 X $ _8,570.00 NA SW 878WF'F Dakota 8ftSRW NEW Svc Body-Aiuminum w/Fliptop Lids X : 0 X X 0 X $ 9,470.00 NA SBG9821 "VM, Dakota 8ft DRW"SB"Svc Bode-Steel 0 X_j Oj 0 X 0 $ 7,890.00 NA 94WFF Dakota 8ft DRW"SB"Svc Body-Steel w/Fliptop Lids 0 X 10 0 X 0 $ 9,000,00 NA I SBA9894WSS Dakota 8ft DRW"SB"Svc Body-Aluminum 0 X 0 0 'I X 10 $ 8,400.00 NA. SM894WFF Dakota 8ft DRW"SB"Svc Body-Aluminumw/FliptopLids ;0 X 0 0 X 0 $ 9,510.00 NA Dakota 8ft SRW Crane Body.Supports a 1,000 to 4,000-pound SB99878WSS-4capacity crane.**Add raised front compartment for$950 X 0 X X 0 X $ 9,590.00 NA (specify streetside or curbside)** Dakota 8ft DRW Crane Body).Supports a 1,000 to 4,000-pound SBG9894WSS4 capacity crane.**Add raised front compartment for$950 0 X 0 0 X 0 $ 10,180.00 NA (specify streetside or curbside) DUVAL FORD Page 1148 of 19mS SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 BUMPER 14 Dakota 14 Long Tailshelf Workbench Bumper with 0 X 0 0 X 0 $ 955.00 compartments on each side of the tail shelf for DRW chassis NA Dakota 20"Long TailshelfWorkbench Bumper with $ 1,220.00 BUMPER 20 0 X 0 0 X 0 NA compartments on each side of the tail shelffor DRW chassis Masterlock Dakota Masterlocking option for Dakota"SB"Svc Body 0 0 0 0 0 0 $ 535.00 NA Dakota Remote Lock Electronic Remote Lock lGt for Dakota"SO" ecLo 0 0 0 0 0 0 $ 1,846.00 INA Svc8odL LED Compartment Light-LED strip lighting in each 0 0 0 0 0 0 $ 840.00 NA I Comp Lite ;ern jitr ento ton KNAM,8DESERVICEQWY D S b D S D 756 6 39 Knapheide 680!682 40142"CA(Requires Option 31VShip X 0 X X 0 X $ 7,600.04 NA Throuch) 6 3/4 kna beide 6801�682F Flip Top 40142'CA Requires 7 SBF ' P, ( X O X X 4 X $ 8225.00 don 31VShi Throw:h 8SB Knapheide 696 SRW 56"CA(Requires Option 31 V Ship X 0 X X 0 X $ 7,600.00 NA Throw 8'Knapheide 696F SRW Flip Top 56"CA,37"Body Height 6 SB F X 0 X X 0 X $ 8,225.00 NA Re wires tion 31VShi 'fhrou h _ - - BSB FT ,8'Knapheide 696F40 SRW Flip Top 56"CA41"Body Height X 0 X X 0 X $ 8,404.00 NA Requires 22tion 3 1 V ShiE Throu2 h'I -8DB 8', a heide 696D54 DRW 56"CA 0; X 0 0 X 0 $ 8150.00 1 NA 1 81313F 8'Kna 'heide 696D54F DRW Fii To 56"CA 0 X 0 0 X 0 $ 8,925.00 NA Knapheide Aluminum Utility Bodies,A682 F250 40"CA 7 Includes Step Bumper,LED Tal Lights,interior and Exterior X 0 X X 0 X $ 10,050.0011 N Paint fOnl for 6 314'Bed i Knapheide Aluminum Utility Bodies, 56"CA Includes 8A13 X 0 X X 0 X $ 10,450.00 NA Step Bumper,LED Tail Lights,interior and Exterior Paint KnapheideAluminum Utility Bodies,'A69W-2 FLIP TOP 56"CA 8 F X 0 TX1X .1O111X1-.- $ 11,850.00 N Includes Step Bumper,tEtlTal Lights,Interior and prior Paint 1 Knapheide Aluminum Utility Bodies,A69BF40-2 FLIPTOP 56" 8AB FT CA Includes Step Bumper,LED Tail Lights,Interior and Exterior X 0 X X 0 X $ 11,760.40 NA taint Knapheide Aluminum DRW Utility Bodies,A698D54 56"CA 8ADB 0 X 0 0 X O ' $ 11,150,00 IN Includes Step Bumper,LEA Tail lights,Interior and bderior Paint Knapheide Aluminum DRW Utility Bodies,A698D54F FLIP TOP 1 18ADB F 56"CA Includes Step Bumper,LED Tail Lights,Interior and 0 X 0 0 X 0 $ 12,275.00 NA Exterior Paint Ksb OPT 1 lz eide Master Locks 0 0 0 0 0 01 $ 615.00 NA Ksb OPT Cpm artmentLi htin 0 0 0 0 0 0 S 550.00 NA Ksb OPT 3 LED Te ifi h 0 0 0 0 0 0 $ QUO NA Ksb OPT 4 Electric Locks 0 0 0 0 0 0 $ 1.336.00 NA I Ksb OPT 5 !,Single PointT Handles 1 0 0 01 010 0 $ 395.00 NA Ksb OPT 6 Kna heide Factor,Paint 0 0 0 0 0 0 $ 1,050.00 NA Ksb OPT 7 Pull Out Shelves ieachi 10 00 0 0 0 $ 595.00 NA Ksb OPT 8 Pull out Tray 0 0 0 0 0 0 $ 795.00 NA DUVAL FORD Page 1149 of 1W6 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 Ksb OPT 9 tiona Shelves 0 0 10 0 0 0 $ 196.00 NA Ksb OPT 10 Spare fire retainer 0 0 0 0 0 0 $ 195.00 NA Ksb OPT 11 D Rin s in Ca o Area 0` 0 0 10 0 0 $ 440.00 NA ,-,b OPT 12 PaintCam artrnent Interior 0 0 0 0 0 0 $ 1,000.00 NA - Ksb OPT 13 5 Drawer Mechanics Tool box 0 0 O 10 0 0 $ 1936.00 NA Ksb OPT 14 Tread late Overlay Gom ar7nent 7o s 0 0 0 ' 0 0 0 $ 975.00 NA 15 Tread late'0verla Ca o Area O Q 0 0 i) 0 $ - 975.00 NA Ksb OPT 16 Led Work Li his 2' 0 0 0 0 0 0 525.00 NA Ksb OPT 17 Grab Handles 2i 0Q 0 O 01 0 $ 236.00 NA Ksb OPT 18 Cable Ste - 0 0 0 0 O 0-1$ 295.00 NA OPT 19 6"Wilton Vise 0 010 0 l 0 0 $ 425 0 NA Ksb OPT 20 Vise Bracket 0 0 0 0 0 0 $ 199.00 NA OPT 21 Mud&,%ne Guard 0 0 0 0 , 00 $ 2:25:00 NA Ksb OPT 22 E Track In Cargo Area 0 : 0 0 0 0 0 $ 345.00 NA Kib OPT 23 3 Tool Shovel Rack 0 O 0 , 0 (} 0 .S 325.00 N K0 OPT 24 Tail Shelf Bum er 16" 0 T-6- 0 0 0 $ 1,200.00 NA ft�WT 25 Cone Holder 10 10 0 Q 0 10 _$ 396.00 NA Ksb OPT 26 HE Foldin Cone Halder 0 0 0 0 0 0 $ 382.00 NA Ksb'OPT 27loa Cooler Mount O 0 0 0 0 , 0 $ 225,00 NA Ksb OPT 28 I loo Cooler 0 010 0 0 0 $ 110.00 NA MACIHINet Ksb OPT 29 Vanair Pro Compressor/Generator,20 CFM,5000 Watt 0 0 0 0 0 10 $ 5,995.00 NA OPT 30 20 CFM Gas Air Compressor and Reel _- 01 01 01--Q-0-1 0 J $ 4,700.00_j ,Mb OPT 31 VMAC VR70 Gas 0 0 0 0 0 0 $ 11,500.00 NA `OPT 32 VR70 Diesel'4 lication 0. 0 0 O 0$ 0 $. 14 900.00NA KS b OPT 33 Enaac Welder Generator Compressor;Diesel 01 ,101,11, 0 0 0 0 $ 18,430.00 NA i Ksb OPT 34 En,,,ac Welder Generator Com ressor„GasO" 0 0 10 O 0 $ 14, 0ii, I( NA, Ksb OPT 35 Mier Bobcat 250 Welder 0 010 ' 0 ' 0 0 $ 7340.00 NA R G, SCE' Y 0 S D 101 0 8'Reading Classic II Service Body for SRW(Requires 31 B Ship AF U98A SW X O X X O X $ 9,291.00 NA Through AF 98A DW i 8'Reading Classic It Service Body for DRW(Requires 31 B Ship 0 xi 0 0 ix 0 $ 9,512.00 NA Throw h AFAL-U98A SW 8'Reading Classic Il Aluminum Service Bodyfor SRW(Requires X 0 X X0 X $ 10,328.00 NA 31 B Ship Through) _-- 8'Reading',Classic 11 Aluminum Service Body for DRW(Requires AF AL-98A DW 0 X 0 0 K 0 $ 10,794.00 NA 316$hip Throw h AF U98A SW 8'Reading Classic II Service Bodywith Flip top Lids for SRW X 0 X X 0 X $ 10,066.00 NA SML (Requires 31 B Ship Throu hj 'AFAL-98ADW 8`Reading Classic H Aluminum Service Body with Flip top Lids X 0 X X 0 X $ 11,022.00 NA L' for SRW(Requires 31 B Ship Through) AF SLU98ASW 8'Reading SL Service Body for SRW(Requires 31 B Ship 0 0 0 10 0 0 $ 8,262.00 NA SL 21201 Throua h` AF SLU98ASW 8'Reading SL Service Body with Flip top lids for SRW(Requires 0 O 0 0 0 0 $ 9,212.00 NA SL 21201 SML ,318Shi Throw h Rsb OPT 1 Readinq Compartment Lighfinq 0 0 0 0 0 0 $ 727.00 NA Rsb OPT Master Locldn stem installed atReadin , 0 0 0 0 0 0 $ 497.00 AIA Rsb OPT 3 Li hted Compartments(Reading) 0 0 0 0 0 0 $ 727.00 NA R. T 4 Retractable Bed Cover-Classic ll 0 0 0 0 0 0 $ 2193.00 NA � EIDE ENCLOSED SERVICE BODY D DUVAL FORD Page 1150 of 1M6 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 8'Knapheide Enclosed Utility Body KC96U1478,45"Interior L KB 9 �5 Height Includes Master Lock,Interior Dome Light;Solid Rear X 0 X X 0 X $ 11,581.00 „ NA Doors,t2)Rear Shelf Doors,LED Tail lights and Step Bumper 8'Knapheide Enclosed Utility Body KC961-1478,51"Interior KEB 51 Height. Includes Master Lock,Interior Dome Light,Solid Rear X 0 X X 10 X $ 11,838.00 NA Doors,(2)Rear Shelf Doors,LEI)Tail lights and Step Bumper i 8'Knapheide Enclosed Utility Body KC96M1478,61"Interior ;I 61 Height Indu des Master Lock,Interior Dome Light,Solid Rear K 0 X X 0 X $ 12;494.00 NA Doors,t2)Rear Shelf Doors,LED Tail lights and Step Bumper 8'Knapheide Enclosed Utility Body DRW KC96U2094,45" Interior Height. Includes Master Lock,Interior Dome Light,Solid KEB 045 (Rear Doors,(2)Rear Shelf Doors,LED Tail lights and Step 0 X 0 0 X 0 $ 12,531.00 NA 'Bumper 8'Knapheide Enclosed Utility BodyDRW KC961_2094,51" Interior Height Includes Masher Lock,Interior Dome tight,Solid i MIS D5 i Rear Doors,(2)Rear Shelf floors,LED Tail lights and Step 0 X 0 0 X 0 $ 12,788,00 NA Bumper 8'Knapheide Enclosed Utility Body DRW KC96M2094,61" KEB D61 Interior Height. Includes Master Lock,Interior Dome Light,Solid 0 X 0 0 X 0 $ 13,044.00 NA Rear Doors,(2)Rear Shelf Doors,LED Tail lights and Step Bumper - I 8'Knapheide Enclosed Utility BodyDRW KC96H2094,73" Interior Heigh#. Includes Master l-oc�k,Inferior Dome Light,Solid KB D73 0 X 0 ' 0 1 X 0 $ 13,228.40 j ISA fRear Doors,(2)Rear Shelf Doors,LSD Tall lights and Step i Bumper AF PAI60 98DW '8'Reading 60"Panel Top Powder Coated White for 56"CA 0 X 0 0 X Q $ 13,399,00 NA DRW Bod 8'Reading 60"Panel Top Powder Coated White for 56"CA AF TPA6D-98DW Q X 0 0 X 0 $ 13,554.00 NA a SCK D S D D IS D 8 KGN 8'Knapheide Gooseneck Flatbed PGND(Storage Goose Neck) 0 00 0 0 0 $ 11,029,00 'I NA 8KGA 8'Knapheide Aluminum Gooseneck Flatbed AL-PGNB768 SRW X 0 X X 0 X $ 7,650.00 NA i 8KGADRW 8'Knapheide Aluminum Gooseneck Flatbed AL-PGNB86 DRW 0 X 0 0 X 0 $ 7,700.00 NA BGOOSE CM Truck Beds 8'dual rear wheel goosneck flatbed body, 0 X 0 0 X 0 $ 5,560.00 NA ainted black. Requires 56 CA FLATBED PLATFORM D S [3 D S. D 8'Knapheide Aluminum Flatbed,Model ALPB89. Includes 8AFB 0 0 0 0 I, 0 0 $ 9260.00 NA Bulkhead with Window and 40"Stake Sides ' i KFB OPT 1 Credit Stake Sides 0 0 0 0 0 . 0 $ (850 0) NA KFB OPT 2 Ratchet&Straps(Each i 00 0 0 , 0 0 $ 185.00 NA I .B OPT 3 30"Aluminum UnderbodyBox 0 0 0 0 0 0 $ 60.00 NA DUVAL FORD Page 1151 of 1 aQ6 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 8' Flatbed Single Rear Wheel Action 11 Ga.Smooth Galvannealed steel Skin on Headboard and floor,Painted Black, AF SRW FB Structural Steel Cross Members on 12"Centers, 40"Headboard X 0 X X 0 X $ 6,300.00 NA (with Punched Window and 40"Sides(Requires 31 B Ship Through) 8'Flatbed Dual Rear Wheel Action 11 Ga.Smooth ! Galvannealed steel Skin on Headboard and floor,Painted Black, AF DRW FB Structural Steel Cross Members on 12'Centers, 40"Headboard 0 X 1 0 10 X 0 $ 6,343.00 NA with Punched Window and 40"Sides(Requires 31 B Ship Through) AF 96-LR416 Electric Dump Hoist Rugby LR-416 single acting(for dual rear 0 X I 0 0 X 0 $ 4,806.00 NA wheel Onl�` RugbyRancher8ft'Plathrm-56"CASRW***Add$425 to get —7, RUGBY X 0 XIX 0 X $ 5,860.00NA Gooseneck Body* 806-84P&N-N-&N DOGBOX:Requires(31 ship-thru option for Second stage body DIS D D S D mod'dier.Re uires 1872 Camera g,2don and LWB I i I A fiberglass one piece molded animal transportation unit with (6)sixanimal comparlmen� ge and(1)storacompartment with �1he access door in the babkofthe unit Featuring ourfresh air ventilation system vented to each compartment,a pass through swing door in the front compartinent,solid partitions creating 6 ! individual compartments,sloped floor drainage system,Ultimate Safety doors wltit large louvers and small cam pole door within � the door,and brightwhite t.ED.lighting in individual j oompartmiinA,i ilable with aircondilloning and heating,back saver'haisf catch pole bottler,rearblind spot Mirror,oistom strobe and lightbar lighting,work lights and petstep folding PR06WS7 rump. X 0 X X 0 X' $ 15,700.00 Mimal CompartmentSizes:Measured from center of partitions Sheat side: Front 36 Wide x 36'High x 39'Deep(w/pass through door open 36"Wide X'*Deep) Center 36"Wide x 36"High x 30"Deep Rear 38'Wide x 36"High x 30'Deep Curb Slide: Front 36'Wide x 3$'High x 39'Deep(wl pass through door ' open 36"Wide x 7B"Deep) Center 36"Wide x 36'High x30"Deep � ! Rear 38"Wide x 36"High x 30'Deep Rear Center Storage:18"Wide x 32"High x 74"Deep I I i DUVAL FORD Page 1152 of 19M SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 Afiberglass one piece molded animal transportation unitwith (8)eight animal compartments and(1)storage compartment with the access door in the back of the unit.Featuring ourfresh air ventilation system vented to each compartment,a pass through swing door in the frontcompartment,solid partitions creating 8 individual compartments,sloped floor drainage system,Ultimate Safetydoorswith large louvers and small catch pole door within the door,and bright white L.E.D.lighting in individual compartments.Available with air conditioning and heating,back saver hoist,catch pole holder,rear blind spot mirror,custom strobe and light bar lighting,work lights and pet step folding ramp. PRO 8WS9 Animal Compartment Sizes:Measured from center of partitions X 0 X X O X $ 16,800,00 NA Street Side: Front 30"Wide x 36"High x 39"Deep(w1 passthrough door open 30"Wide x 78"Deep) Center 24"Wide x 36"High x 30"Deep Center 24"Wide x 36"High x 30"Deep Rear 32"Wide x 36"High x 30"Deep Curb Side: Front30"Wide x36"High x39"Deep(w/passthrough door open 30"Wide x 78"Deep) Center 24"Wide x 36"High x 30"Deep Center 24"Wide x 36"High x 30"Deep Rear 32"Wide x 36"High x 30"Deep Rear Center Storage:18"Wide x 32"High x 80"Deep I 31C I tp Through To Custom Fiberglass Coaches,53Y600 X 0 X' X 0 X 625.00 NA High Capacity ACI Heatwith Twin Fan Condensor and AuxilIiary DB OPT 1 Dedicated Compressor. For Dog Box Option. AC Vents X 0 X X 0 X $ 3,626.00 NA Included,28K BTU AND Temp Monitor In the Cab AC Unit Up To 28 BTU AND Temp Monitor,Runs ON Factory DBOPT X 0 X X 0 X $ 3,650.00NA C.om'ressor.Re .>€?o .Box` tion DBOPT 3 Pullout Ramps For Use with Dog Box Option,Front Passenger X 0 X X 0 X $ 650.00 NA Side QS-PTQB0PT 4 Neo Du :Safe Door-Stainless SteelSe#of6 X 0 X X 10 1 X $ 1,700.00 NA DB OPT 5 Flea °Dui 5afet Door-Stainless Steel Set of 8 X 0 X X 0 X 2,100.00 NA .... ..._......__ . DB 6 Two Slide out tra+ n rear com ailment X 0 X X 0 , X ' .$ 610,00 fi"A 06 OPT 7 LED 3"x 5"Surface Mount Amber Strobe-rear X 0 X X 0 X $ 365.00 NA (iDBOPT 8 L®2"x5"Surface Mount-Amber or White'-side or rear X 0 X X 0 X ! $ 365.00 DB OPT 9 LED 1"x 5"Mini 6 Diode Strobe-Surface Mount Amber-side or X 0 X X 0 X $ 365.00 NA rear LID 1"x 4"Mini 4 Diode Strobe-Amber or White-surface or DB OPT 10 X 0 X X 0 X $ 365-00 ( NA rill mount DB OPT 11 Traffic Advisor LED with 8 Amber Lightheads and digital X 0 X X 0 X $ 895.00 NA controller in cab DUVAL FORD Page 1153 of 1 506 SPEC 3.42 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 DBOPT 12 �BackSaverHoistwith Large Cage-frontpassenger compartment X 0 X X 0 X $ 3,995.00 NA DB OPT 13 Rear Blind Spot Mirror X 0 X X 0 X $ 355,00 NA re » i",o,E .V-" Ouf ofione purchase and Deiovery.`Lloes notin+dude unique shipping circumstances when final product demands shipping M0 0 4 0 0 0 $ 445,.00 NA ! outside the state of Florida.Nod:Emmissions codes ibr specific region. Tag and Title processing and handling fee. Tags are processed atthe local tag office and physically picked up for client and j TTO affixed to vehicle prior to deliver.Cost includes electronic 0 0 10 10 0 0 $ 48.00 NA administrative fee, manual processing courier,and Fedex related expense. TMP 30 Day Florida Temporary Tag.Requires(70)Tag/Tile Option 0 0 0 01 00 $ 7,6 !' A Transfer Tag Charge:(Florida only) Please send scan of TX agency registration with tag ID clearly indicated.Requires(TTO) 0 1 0 0 0 0 0 $ 90.00 NA Tag/Title Option,includes(TMP) i Now Tag Charge(Flo dao 4y Requires(T 4)Tag�>se optionr TAG Tst3 0 0 0 0, 0 $ 125 fJ0 NA aetvfy Cts or , us c 'I Diesel Ex ndeeS:rnce fan Bate'CareZero e+ductib(e.FWe DPU 8575 Year,75000 Mile. Call Dealer for plan#ei cs and optonW . 0 D 0 0' ! 0 0 2,065.00 '$ 2,065110 Terms.Price{wide 1013019 Diesel Extended Service Plan Base Care,Zero Deductible.Five DPU B510 Year,100000 Mile. Call Dealer for plan specifics and optional 0 0 0 0 0 0 $ 2,785.00 $ 2,785.00 Terms.Price Guide 1012019 Diesel Extended Service Plan Extra Care,Zero Deductible.Five DR)E575 Year,75400 Mile. Call Dealer forplan specifics and optional 0 0 0 0' 0 0 $ 2,330.00 $ 2,330.00 Terms.Price Guide 1012019 Diesel Extended Service Plan Extra Care,Zero Deductible.Five DPU E510 Year,100000 Mile. Call Dealer for plan specifics and optional 0 0 0 0 0 0 $ 3,295.00 ( $ 3,295.00 Terms,Price Guide 1012019 Diesel Extended Service Pian Premium Care,Zero Deductible. ! DR)P575 Five Year,75000 Mile. Call Dealer for plan specifics and 0 0 0 10 0 0 $ 3,145.00 $ 3,145.00 optional Terms.Price Guide 1012019 Diesel Extended Service Plan Premium Care,Zero Deductible. DPU P510 Five Year,100000 Mile. Call Dealer for plan specifics and 0 0 O 0 0 FO $ 3,805.00 $ 3,805.00 optional Terms.Price Guide 1012019 DUVAL FORD Page 1154 of 1M3 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 Extended Service flan Base Care,Zero Deductible.Five Year, GPU B575 75000 Mile. Call Dealer for plan specifics and optional Terms. 0 0 0 0 0 O $ 1,955.00 $ 1,955.00 Price Guide 1012019 I Extended Service Plan Base Care,Zero Deductible.Five Year, GPU B510 100000 Mile. Call Dealer for plan specifics and optional Terms. 0 0 0 0 0 0 $ 2,615.00 $ 2,615.00 Price Guide 1012019 Extended Service Plan Extra Care,Zero Deductible.Five Year, �) GPU E675 75000 Mile. Call Dealer for plan specifics and optional Terms. 0 0 0 0 0 0 $ 2,200.00 $ 2,200.00 Price Guide 1012019 Extended Service Plan Extra Care,Zero Deductible.Five Year, GPU E510 100000 Mile. Call Dealer for plan specifics and optional Terms. 0 0 0 0 0 0 $ 3,085.00 $ 3,085.00 Price Guide 1012019 Extended Service Plan Premium Care,Zero Deductible.Five' GPI11575 iYear,75000 Mile. Call Dealer for plan spedfics and optional 0 00 0 0 �0 $ 2,960.00 $ 2,960.00 (Terms.Price Guide 10/2019 I Extended Service Plan Premium Care,Zero Deductible.Five GPU P510 Year,100000 Mile. Call Dealerfor plan specifics and optional 0 0 0 0 0 0 $ 3,695.00 $ 3,695.00 Terms.Price Guide 10/2019 Base Care Ford Protect Extended service plan for Incomplete Gas Base 575 chassis. Five Year,75000 Miles,3000 Hour Zero deductible. 0 0 �0 0 0 0 , $ 2,900.00 2,900.00 Pricing per Ford Protect Florida Retail 100019 Base Care Ford Protect Extended service plan for Incomplete Gas Base 5,100 chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. O 0 0 0 0 0 $ 3,425.00 $ 3,425.00 Pricing per Ford Protect Florida Retail 1012019 lExlraCare Ford Protect Extended service plan for Incomplete Gas Extra 575 chassis. Five Year,75000 Miles,3000 Hour Zero deductible. 0 O 0110 0 0 $ 3,145.00 $ 3,145.00 Pricing per Ford ProtectFlorida Retail 1012419 ExtraCare Ford Protect Extended service plan for Incomplete Gas Extra 5.100 chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 0 0 $ 3,855.00 $ 3,855.00 Pricing per Ford Protect Florida Retail 10/2019 PremiumCare Ford Protect Extended service plan for Incomplete Gas Premium ch 0 $ 3,615.00 f $ 3,615.00 575 assts. Five Year,75000 Miles,3400 Hour Zero deductible. O 0 0 0 0 Pricing per Ford Protect Florida Retail 1012019 Gas Premium PremiumCare Ford Protect Extended service plan for Incomplete 5.100 chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 0 0 $ 4,435.00 $ 4,435.00 Pricing per Ford Protect Florida Retail 1012019 DIESEL Base Base Care Ford Protect Extended service plan for Incomplete 575 chassis. Five Year,75000 Miles,3000 Hour Zero deductible. 0 0 0 10 0 0 $ 3,125.00 $ 3,125.00 Pricing per Ford Protect Florida Retail 1012019 DUVAL FORD Page 1155 of 1W3 SPEC 142 F-350 XL Super Duty Crew Cab DRW [W3C] FSA20-VEL28.0 Base Care Ford Protect Extended service plan for incomplete DIESEL Base chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 0 0 $ 4,150.00 $ 4,150.00 5.104 Pricing per Ford Protect Florida Retail 10/2019 I ExtraCare Ford Protect Extended service plan for Incomplete DESEL Extra chassis. Five Year,75000 Miles,3000 Hour Zero deductible. 0 0 0 0 0 0 $ 3,410.00 $ 3,410.00 575 Pricing per Ford Protect Florida Retail 1012019 DIESEL Extra ExtraCare Ford Protect Extended service plan for Incomplete 5.100 chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 0 0 $ 4,725.00 $ 4,725.00 Pricing per Ford Protect Florida Retail 1012019 Q PremiumCare Ford Protect Extended service plan for Incomplete Premium 7,a chassis. Flve Year,75000 Miles,3000 HourZero deductible. 0 0 0 �0 0 0 $ 3,940X0 $ 3,940D0 Pricing per Ford Protect Florida Retail 1012019 DIESEL PremiumCare Ford Protect Extended service plan for Incomplete Premium 5.100 chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 0 0 $ 5,520.00 $ 5,520.00 Pricing per Ford Protect Florida Retail 1012019 DUVAL FORD Page 1156 of 1W6 CITY OF BOYNTON BEACH OfYOF BDYNTON BEACH Dtjvat:. Saks 81LL DARTY Laura Torbett t _, (Work)904-388-2144 tan'mai:tI, (Fax)904-387--6816 (Cell)904-568-6027 5203WatersW DrJax,832210 fifes+ ymrhgrestand&mgppat&nWtogsoo l.P**ggpw"RIDASV IFFAASSOCMWNLI[3KrM#CLECONTRACTF&4106 VEL.2k0AasYyEgL*mantandrrUaksj%4206Vef1R0. /fYwlwe&Ygumgowrogan:fAVN*gtaoBtpbwead NaftihW%bbwAVbeardWvd iwlirealxti�rttar ur�ss speoA7lcad t7rfprrs�aseadfer:Bh�tplgequlid/ntnaktr�r f�r�hiarrare.legt.Flladan�arrlcy pLror�asearder. IN SPEC" --.-. 2MIFORD TRA/KS/MONROOF T-10a4lRQO � 31,929,00 w XLTRIM $ I 3.5L VB ENGINE $ - 10 SPEED AUTOMATIC TRANSMISSION ■ POWER WINDOWS AND LOCKS ■ BACK UP CAMERA -..uU. YZ EXTERIOR: OXFORD WHITE $ INTERIOR: PALAZZO GRAY VINYL $ - F4XIDRW DUAL REAR REAR,EXTENDED 148"WHEELBASE WITH 9950#GVWR 3,500. 2 ADDITIONAL FACTORY KEYS 74.0{i t 17A, FIXED REAR GLASS ONLY 74..00 GTO TRAILER BRAKE CONTROLLER $ 404.0D 534 TRAILER TOWING PACKAGE WITH 7 WAY WIRING,2"BALL CRUISE CONTROL $ 324.E 6 BLIND SPOT MONITORING SYSTEM INCL.SHORT ARM AJUSTABLE MIRRORS WITH TURN SIGNAL -S594.Go BtG_ —.......�®_BACK UP ALARM 124. 4 t 43R REVERSE SENSING .* uuu. 294 t SIJ AREA LOADING PROTECTION PACKAGE 484.00 ---- - r%AK04v IIIHJI CK CLM;I KII:AL 0114 I-AUKA"t VVI IN rAK III IUK,MV UtL 4L I LM.IMLUUr-0 4U0 In ral-MOD YYIng Ml ;Transit Mid/High Roof-1 ?40651 Partition-Perforated-Transit Mid/High Roof-1 48524 Shelf Unit-52"W x sv"H x 14"D-3 40040 Shelf Door Kit 52"W-2 40090 Drawer Cabinet-4 Drawers-2 40230 Wire Reel Holder-5 Spindle-1 40270 Hanging Fite Holder-1 40310 Small Parts Shelf Bin-10"W Plastic-10 40030 Shelf Dividers 6"Tall(Set of 6)-1 48190 Shelf Lip 10"L x t 421 LH 2.75"H-1 4,530.90 t LTS TROY LAP TOP MOUNT WITH UNIVERSAL LOCKING TRAY $ 795.00. TH$000 11000 WATT THOR INVERTER WITH DASH SWITCH,MOUNT TO THE SIDE OF LAP TOP MOUNT' S 642.00 ).EO PKG 9 WHELEN LIBERTY 11 LtGHTBAR PACKAGE WITH 6 SWITCH CONTROLLER AND FOUR CORNER FLASHING SYSTEM „$ 3,022.00 WOf'E Ar www SPLIT LIGHTSAR,WHITE VERTEX - i 'f AG CITY TAG AND TITLE • 125.00 i TTO TAG HANDLING FEE 1 48.00 DECAL 2 CITY OF BOYNTON BEACH GRAPHICS PER SPECS S 450.00 e TIFF: ',PATROL _ �,mnnnnnn 's iVENDOR COMMENTS TRANSIT F4X BOYNTON BEACH LT.xlsx Page 1157 of 1906 LL in w (D U) (n Ul (n U) 07 (n Ul) Er) (n C C: c r_ C: c C_- C: C: C: c r_ c 0 0 0 0 0 0 .0 00 0 0 0 0 . 12- 0- 0- 0 000 000 000 000 LL M _0 _0 _0 _0 -0 _0 co co co ca m co m ED CID C 0 C) 0 000 C 00 O p p C) 0 0 0 (D 0 0 C) Cl IL c) c) a 6 CD ci 0 6 6 1 cz; 6 C; 0 C) C) C:) 0 0 I C) 0 C3 Q C) 0 0 CD O 0 0 ( O Q 0 0 1- (0 It:r r- CD -* -t 4 r— et 0) CF) (0 LO m (D U-) (D -r LO LO CN a, M- t 00 cr)- r- (0- t ul (q 0- CY) ce) CWI) C") M m m cr) cy) acy) m ce) 64 6Rk 6-k 6-� 6S 46S V� &) SS 46S �.S =3 :3 x Q) (D 2: 0 - 4- 0 0 6 0 w I C C r- 0 -1 Lj _j [if _j 0 -2 -0 Daf 10 0 —1 " 0 O " CA 0 0 .2 LL 0 LL 0 0 LL -0 LL U- -0 LL 0 0 0 0 >, m 0 of LL a� LL M>, LL0 m::, Of m LO > N > > N N 0o m 0 0 0 0 12 > fy C:) (D to a) CD a) (D (D (D co he co c c co c c m C: C: co c c CA E ("D O�) E ("D a") E E cn U) CD (D CL < < IL < DL < < n- < < 0 m LL co (D (nPage 1158 of 1906 00 a) 0 k zrl "n SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 y 2 `G5P156 W5PCutaway 350 SRW-1 56 wb-XL 9500 $ 6,411.00 $ 1,016.00' �-F66 P1 3 8f6P Cutawa 345f}��is wb#jf1..8 k950 F6P156 F61PCutawa -350 HD DRW-156 wb-XL 9,950 $ 5,199.00 $ 259.00 F6P178 6PCutawa`-3';0 Hb,DRW-178 wb-XL 0,950 J4,487001 $ --- 1009.Q0 !S6P138 S6P Cutaway-350 HD DRW-138 wb-XL 10,360 Includes Ecoboost $ (1,822.00) $ 3,814.00 Gas En ine S6P Cutawa 350 HID DRW-156 wb-XL 10,360 Includes Ecoboost S6P156 $' (1,115.00) $ 4,559.00 S6P178 S6P Cutaway-350 HD DRW-178 wb-XL 10,360 Includes Ecoboost $ (403.00) $ 5,309.00 Gas Engine U6F'138 �U6RCu uuay-3�0 MD 138 Dual Rear Wheel 11.004 Includes $, (3,51100) $ 2,034.00 Ir bao #Gasfri ine' U6P156 U6P Cutaway-350 HD 156 Dual Rear Wheel 11,000 Includes $ (7,805,00) $ 2,779.00 Ecoboost Gas Engine U6PGut6way-350 HDA Dual Rear Wheel 1,1,000 hcludes U6P178 ; (2,093,00) $ 3,529.00 �cobo GaLE elne -. W5Z136 W5 :Cab-350 SRW-138 wb-XL $ '6;339.00. $ (941.00`_ 6 '18 W , ab-30SR1f=#5t3wb=Xl: 6Z1 38 F6Z Cab-350 HD DRW-138 wb-XL 9,95_0- - $ (5,366.00) $ 84.00 6 F fata3 iR1 -1'5fia 9 95 _. 11 $ 454,Ofl i 834Q S6Z138 S6Z Cab-350 HD DRW-138 wb-XL 10,360 Includes Ecoboost Gas $ (1,281.00) $ 4,384.00 Enuine MZ Cab-350 HD DRW-156 wb-XL 10,350 Includes Eco boost Gas 2158 the $ 1564.00) $ 5,139.00 S6Z Cab-350 HD DRW-178 wb-XL 10,360 Includes Ecoboost Gas S6Z178 $ 144.00 ; $ 5,884.00 Engine 'I L16Z138 i U6Z Oab-350 JHD 1I38 Dual Reer Whoe111,000 Jncl s£�otl�osk $, {2,972 If0)�) $ 2,604 00 Gas ine + -- - U6Z156 U6Z Cab-350 HD 156 Dual Rear Wheel 11,000 Includes Ecoboost $ (2,255.00) $ 3,359.00 as En ine U6Z Gab-360 HD 178 Dual Rear Wheel 11,000 k►cludes Ecoboost L16Z178 1 $ (1547.00) $ 4,104.00 Gas ft ine F4XDRW F4XUpgrades GVWR to 9950#, (F4U with awd option)Includes $ 3,500.00 $ 12,034.00 DRW on Car oVan Upgrades(I XT Di.E)0.U&REAR 111 HtEL) GVW,R Ito 103600, S4XDRW Model 64X(54U with acrd option)(4Vwith CrewVan option) $ 4,000.00 '; $ 12,384.00 Includes DRW on Car oVan CREW VAN BASE: Vn Frontand Rear.Included in Interior � Upgrade Package-Cargo Van(96C)and Load Area Protection Package(96D).Not available with FrontlRear Aux NC and Heater (Driver controlled)(57G)on Cargo Van,Heavy-Duty Cargo CrewVan Flooring(6013)or Heavy-Duty Scuff Plate ICt(8513).Requires Floor $ 3,000.00 $ 7,268.00 Mat delete(86X). Note:Wheel Well Liners are included as part of the rear vinyl floor covering.On the Crew Van,the vinyl flooring is ! only in the 1 st and 2nd rows. Da � 7 5975 0. 9'90' ' ' ne:3.SL 1311 Flet- uel-inc; ortira er�ion' " ' '$ DUVAL FORD Page 1159 of 1906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 Engine:3.51-EcoBoost V6-inc:auto start-stop technology,Heavy- 99G Duty Front Axle Up to 4,630 Ib FGAWR,Wheels:16"Silver Steel $ 1,494.00 ' $ 1,495.00 wlExposed Lug Nuts,Single AGM Battery(70 Amp-hr),3.73 Limited-5J Axle Ratio 44tJ Tfansmissioan-,10-Spd Autamaitilcw=&sele i0-iris:auxiliary trarrsrr�� iun �i r�f � ' Di 101A ader Code 101A. a 4L 14-1,0 -imited- i Ade Ratio(STD) - .� a • •a - ; P(3 lace Red LIM Agate Black Metallic $ 199.00 $ 200.00 Ux, allic: 2F00 J7 Magnetic Metallic $ 199.00 $ 200.00 � Blse`1ean'e�ltalllG �$ f�9iT�<< $� 2 t9%�ifl , . 6 _ - Green Gera Metallic $ 199.00 $ 2010.00 AW Kapoor Red Mil $ 199,010 $ 200.00 Dark Palazzo,'0n Front Bucket Seat , c: park az%o; „ , 'f date 1-B Ebon ,Leather Front Binet See is, I601 Dark Palazzo Gray Cloth Bucket Seats-inc:2-way manual driver 21 L seatwAumbar,2-way manual passenger seat and driver and $ 114.00 $ 115.00 passenger armrest f�or4y,ClithBucketSeats inc;2, sway nualdrlverseot*Aumbar 21M 2=wa' manual sssen �er' `a and river and a'° erarrnrek, 11400 $ 11aU0 #, p,sseng, 21 P Dark Palazzo Gray Vinyl Bucket Seats w/kmrests-inc:2-way $ 44.00 $ 45.00 manual driver seatand 2-way manual risen er seat EU®ny l,,eaihor bleated BU&6t Ses�`inc 1 it-i�ay ewer tlnver seat 21S w1tumbar,10-way power Oa'ssengerseatWAui m aranddrtmrand�� $', 1,159.00 $ 1,160.00 assn erarmrest Dark Palazzo Gray Cloth Shrivel Bucket Seats-inc:4-way manual 21T driver seat wAumbar,4-way manual passenger seat and driver $ 1,384.00 $ 1,385.00 :and assenger armrest •ailM ONE= c Exterior Upgrade Package-inc:Wiper Activated Headlamps,3 Bar 18D Grille w/Chrome Surround,Wheels:16"Steel w/Full Silver Cover, $ 359.00 $ 360.00 Chrome-Trimmed Halo en Headlam s DUVAL FORD Page 1160 oft 906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28,0 Complete Trailer Towing Package,includes factory option(53b): [1.]Tow/Haul'Mode with Trailer Wiring Provision[2.1417 Pin 534 ConnectorAssemblyandRearJumper[3]Relaysystemfor $ 794.00 $ 795.00, backup/B+/running lights RJ Frame mounted hitch[5.]Client specified six or seven'way trailer plug,class 3/4 drawbar,2"trailer ball, in and Cli . Trailer Tow Package-inc:Deletes rear tow hook,417 pin connector assembly and rear jumper and relay system for backuplB+!running lights,This package does not include a Trailer Brake Controller 1(67D),Additionally,if customer wants a trailer brake controller after initial purchase,it will have to be an aftermarket trailer brake controller and aftermarket wiring harness,Frame Mounted Hitch 53B Receiver,Tow/Haul Mode w/Traller Wiring Provisions,trailer wiring ! $ 484.00 $ 485.00 harness to rear of vehicle for upfit,Trailer Sway Control(TSC),417 pin connector assembly and rear jumper,This package does not include a Trailer Brake Controller(67D),Additionally,if customer wants a trailer brake controller after initial purchase,it will have to be an aftermarket trailer brake controller and aftermarket wiring harness Interior Upgrade Package Anc:full-height polypropylene cargo area' ail Is Fran#&Reaf* 1flo' ir+Do ran wfieet'"efl4hers p o # 9� ;Cruise OanirolvalAdiustab Spd kamltingece(ASI-Dj 98 feature"fsgreatfbr rdrn�(ig, itatfi + eu1`ritier se#ariupper $ 1,434.00 $ 1,43500 speed limit for,the vehicle,lfihe vehicle begins t6appro ch the upper speed lirni##hen au dib a and vi al ng are given, filuminated Sun Visors j Ambulance Prep Package-inc:Stationary Bevated Idle Control (SEIC)has been integrated into the engine control module,3.51. 4713 EcoBoostV6(99G)engine does not include auto start-stop $ 1,419.00 $ 1,420.00 technology on this particular application,Fixed Rear Cargo Door& Passenger-Side Glass,Rearview Mirror,Dual Alternators(250 Am s Each),Dua 1-Now Imiorn,FrorstL.i rise Fla le Bracket err Programmable Battery Guard-hanced Cut-Off Relay-inc: 59C Controls a prod uctionlservioe fit isolation relay to allow PTO at $ 259.00 $ 260.00 engine run/off while protecting certain s�slemslfunctions 6E Oual20 $ 29500 41H Engine Block Heater-inc:(400W rating),Recommended when $ 74.00 $ 75.00 minimum temperature is 10 decirees F or below 68B to stars $ 494.00 $ 495,0D . 55B Smart Acceleration Truncation-inc:Provides improved fuel $ 189.00 $ 190.00 econom b limiting ower on unladen vehicles 52 55-m h.Governedto sed 79.04 , $ 80.00 62H 70-ni h Governed Tofu Speed $ 79.00 $ 80.00 52-N 76rn Governed eed _ 79,90. $ 80.00. 63C Dual Alternators(250 Ames Each) $ 844.00 $ 845.00 63X Amp-hr) $ 124.00 $ 125.00 DUVA1. FORD Page 1161 of 13906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 ................ Tow/Haul Mode wlTrailer Wiring Provisions-Inc;trailer wiring harness to rear of vehicle for upfit,Trailer Sway Control(TSC),417 pin connector assembly and rearjumper,This package does not 53D include a Trailer Brake Controller(67D),Additionally,if customer $ 294.00 $ 295.00 wants a trailer brake controller after initial purchase,itwill have to be an aftermarket trailer brake controller and aftermarket wiring harness Trailer Brake Controller(TPC): Requires Cruise Control(60C)or 67D Adaptive Cruise Control(60p)and requires Complete Trailer tow $ 404.00 $ 405.00 package(534),Heavy-Daly Trailer Tow Package(53B)or TowlHaul Mode with Trailer 1Nirin Provisions 41E Heavy-Duty Front Axle-inc:Up to 4,630 Ib FGAWR,Wheels:16" $ 314.00 $ 315.00 Silver Steel w � osed Lug Nuts 655 Midship tsnded Range Fuel Tank(31 Gallons)-inc:capfess fuel �fill $ 284.00 $ 285.00 Push Down Manual Parking Brake-inc:The push down manual parking brake feature allows the driver to push the hand lever to 90G the fully down position,while the parking brake remains engaged, $ 194.00 ! $ 195.00 This is particularly useful in situations where additional clearance to pass over the parking brake lever is necessary,such as a swivel seat � 64H Wheels:16"Swed wlFull Silver Cover $ 3400 $ 35.00 5S Wtaeels'l6" a``' lWrniniui 'o li ocian It iVuts $ 424 $ 42;;.00 Wheels:16H Silver Steel w osed Lug Nuts $ $ _ 64 osls:16"Fo ed,�,Pumfn nn 694.00 f$ 695.04 15C Front Black Wheel Well Liners $ 294.00 . $ 295.00 645 ShoMan ual-Foldi� l�}eated t Adjusting Mirrors-inc:turn 159.00 (� $ 160.00 543 Lona-Arm Manual-Folding Power Adjustino Mirrors $ 64.00 $ 65.QQ ]1544 Lahg> anual-F41'�ing,"a d Pwr Ad)us ng Mirrors-inc:turn' 219.00 $ 220.40 ' Hots 54X Exterior Mirror Delete $ $ 17D Rr Carge NbrlDr#Pass Side Cargo.D66r Glass A= a rvicw`Mirror $ 378.00 $ 380.00 17 A Fixed Rear Cargo Door Glass-inc:Rearview Mirror $ 74.00 $ 75.00 17B Flxed Rear Cargo Door IPassenger= 1 1 bI'llas11",s zinc:Rearvieuv z49.f10 $ 250 OA 'r"ror 17F Fixed Windows-All-Around-inc:Rearview Mirror $ 449.00 $ 450.00 PrivacyGlass-inc:Provides prolection of rrehide occupants)and 92 occuQaot personal belongings,The glass also provides occupant $ 674.00 $ 675.00 comfarkby helping tO reduce uehide cool-down time,Rear- Window Defroster 57N Rear-Window Defroster $ 174.00 $ E,01175.00 153Front License Plate Bracket $ 51E Decal#1 -inc:Up to 15 -ft, $ 349.00 350.00 51 F Decal#2-inc:U b 25�$ 494.00 5 495.00 51G Decal#3-inc:U to 45 s -ft,_ $ 694.00 695.00 51 Decal#4-inc:U to 70 -ft $ 894.00` $ 99 00 511 Decal#5-inc:UE t95 sl-ft $ 1,394,00 $ 1,395.00 68H Running Boards-inc:Covers theB-Cillar assen er-side 309,00j_$ 310DO DUVAL FORD Page 1162 of 906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 68L Power Running Boards-inc:Covers the B-C pillar passenger-side $ 939.00 $ 940.00 68,1 tended Length Running Boards-inc:Covers the A-B pillar driver- $ 654.00 $ 655.00 side and A-C Pillar passenger-side, _ 9B Dual Sliding Side Doors _$ 739.00 $ 740.0.0 91S Wiper Acdivated Headlam s $ 34.00 $ 35.00 Front Fog Lamps-inc:Auxiliary lamps that are generally integrated 55D into the frontfascia and designed to help illuminate the roadway $ 104.00 $ 105.00 during poor visibiliy 942 Daytime Running tights-inc:Provides enhanced vehicle visibility 44.00;!; $ 45;0 dOn ,da ,' "ht conditions 85D Dual-Note Horn $ 19.00 $ 20.00 Scuff Plate KA-inc:plastic scuffs for rear cargo doors and side 85A cargo door(60140 hinged passenger-side door or sliding $ 149.00 $ 150.00 passenger-side door),8600iate kit is notfnstWl6d on vehide, needs to ba installed b u itterldeafershi Heavy-Duty Scuff Plate Nt-inc:heavy-duty scuffs for rear cargo doors and side cargo door(60140 hinged passenger-side door or 294.00 $ 295.00 85B sliding passenger-side door),Heavy-duty scuff plate kit is not $ inWled on vehi e needs to be installed b, upfitterldealershi NNW Radio:AM/FM Stereo wSYNC 3-inc:Bluetooth,dual USB ports,a 4.0"multi-function display and 4 speakers(front),SYNC 3 58V Communications&Entertainment System,911 Assist,VHR,SYNC $ 279.00 $ 280.00 Services,AppLink,Bluetooth,steering wheel controls,USB port and auxiliary in utiack Radio:AMIFM Stereo w1HDlSiriusXMlSYNC 3 Ana Bluetooth,dual USB ports,a 4.0"mull-thncti6n displayand 4;speakers(front), 58WSIC 3 CornmuhicpIions&fh�rtainment m,911 Assist VHR, $ 519.00 1 $ 520; 0 SYNC Sertnces, appLIW Igueth+oth,steedng`vvhee[controls,USB rtapdaoidlia In ``ut,ick Radio:AM/FM w/SYNC 3&8"Screen-inc:Bluetooth,audio input jack,dual USB ports,a colored multi-function touch screen and 4 58X speakers(front),SYNC 3 Communications&Entertainment System, $ 409.00 $ 410.00 911 Assist,VHR,SYNC Services,AppLink,Bluetooth,steering wheel controls,USB port and auxilia in ut act Radio:AMXM Stereo wIHDlS 6usXM&81'Screen 4nc:Bluetooth, audio inputacC,dual t9SBports,a colored multi function touch ! 58Y screen and 4 speakers(front),SYNC,3 Commuriicatidns& $ 649.00 $ 650.00 Entertainment System,911 Assist,VHR,SYNC Services,AppLin k, Bluetooth,steering wheel controls,USB pork and auxiliary input jack Radio:AMIFM Stereo w/HD/SiriusXM/SYNC 31Nav-inc:Bluetooth, audio inputjack,dual USB ports,a 8"colored multi-function touch 584 screen and 4 speakers(front),SYNC 3 Communications& $ 1,219.00 $. 1,220.00 Entertainment System,911 Assist,VHR,SYNC Services,AppLink, Bluetooth,steering wheel controls,USB port and auxiliary inputjack Radio Prep Package-inc:antenna,cover plate in place of radio 58T and wiring that is normally provided wlsingle=CD audio packages $ $ - ! and 4 speakers frong,Aradio chassis is not provided 91L 6 Speakers i4 Front/2 Rear` $ 24,00 DUVAL FORD Page 1163 of 1906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 ..................... 52C Ke;_ass Enti Ke rad $ 94.00 95,00 Ta 2 Additional'Ke s` TOW.-inc:key fobs $ 74.fl0' $ 75.00 Cruise Control wlAdjustable Spd Limiting Device(ASLD)-Inc:The 60C ASLD feature is great for city driving;it allows the driver to set an upper speed limit for the vehicle,If the vehicle begins to approach $ 324.00 $ 325.00 the upper speed limit then audible and visual warning are given Adaptive Cruise Control-inc:adjustable speed limiting device (ASLD),Adaptive cruise control keeps constantspeed without 0D having to work the brake or accelerator pedals,Plus it $ 754,00 $ 755.00 automatically maintains a driver4riputted presetdistance(or gap) from vehicles ahead Driver Controlled Front/Rear Aux AIC&Heater-inc:Heat is 57G distributed from rear of front-passenger seat,AlC is distributed $ 859.00 : $ 860.00 from the rear of van 62A uxliar Heater Pre `Parka a W/o Rear Controls $ 64,00 $ 65x00 Aux Heater&A/C Prep Pkg wto Rear Controls-Inc:stub linesfor j 62C delivery of coolantlrefrigerantfor easy addition of an aftermarket $ 99.00 $ 100.00 rear heater and AIC system,Requires aftermarket upfitof a climate control system 85C Illuminated Sura Visors _ $ 74.00 1 $ 75.00 Rear View Display in Rearview Mirror-Inc:When vehicle is in reverse,this feature displays an image of what's directly behind 61B the vehicle,This image will appear in the rear view mirror,Radio $ 344.00 $ 345.00 Prep Package,antenna,cover plate in place of radio and wiring that is normally provided wlsingle-CD audio packages and 4 speakers(front).A radio chassis is not provided Heavy-duty UOrO6 E'loonn11 ,g Jnc:.Deletes rea11 1r*yl,Heavy-Duty Safflte eau�ty si+ s rear cargo'doors and side �ISflB cargo doeir(60140,f riged pa nger ide floor or ski $ 794.00 $ 795.00 passenger-side door);i�eavy ut+scaa'fplale kitisrto#installed on ivehicle.reeds#o be nsthl#ed b . 'li0erklealershi 16E Front&Rear Vinyl,Floor Covering-inc:wheel well liners $ 244.00 $ 245.60- 16G Front{>niy Corpetf'loor Covering=inc [}ele�s all`rear floor $, 34.00 $ 35.00' coverin 866 Front Carpet Floor Mats $ 29.00 $ 30.00 40 Area Trots tion Package-inc:f ilIAeightpolypropylene � 961? cargo area panels,front&Rear Vinyl FlOr Covering,wheel well $ 484.00 $ 485.00 liners 86N Front Heavy OuN Tratgte Floor Mats $ 59.00 $ 60.00 Enhanced Active Park As"is inc:front sensing system,Enhanced 948 active park assist helps make parking less stressful,It helps steer $ 894.00 $ 895,110 the vehicle,in reverse,into a plerpendicular partang space or neer the vehicle into or out ofa, arallelarkin" ace 53K 'Modified Vehicle Wiring System-Inc:modified vehicle connections $ 74.00 $ 75.00 for customized wiring harness provisions Upfitter Package-inc:high capa city upfitter switches,Large Center 67C Console,an integrated shifter,a dual cup holder and an additional :I $ 609.00 $ 610.00 storage area DUVAL FORD Page 1164 of01906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 Blind Spot Information System(BLIS)-inc:cross-traffic alert and 65A trailer coverage,Short-Arm Pwr-Folding Heated Pwr Adjusting $ 594.00 $ 595.00 Mirrors,turnsi naIs 43 Reverse Bassin m $ 294,00 295,00 'Side Sensing System-inc:Works similar to the reverse sensing system,as it sounds a lone when the vehicle gets close to 94A surrounding vehicles and other objects,Front Fog Lamps Auxiliary $ 474.00 $ 475.00 lamps that are generally integrated into the front fascia and designed to help illuminate the roadway during poor visibility, .Reverse Sensin %stern Front&Rear Split-View Camera-inc:Frontand rear fading cameras allow the driver to toggle through differentcamera views Aa a bution located on the instrument panel,For incomplete vehicles,uplifter mustadd a rear view camera to vehicles that are 1 o bob ib G1 R or less to cpmplete the"e lc a and meet F'MVS'S 161 D 111 req"uirements;Side Sensing Sy6teftt Works similar to the $ 1,134.00 $ 1,135.00 reverse sensing system,as it sounds a tone when the vehicle gets dose to surrounding vehidesand other objects,Front Fog lamps Auxiliary lamps that are generallyintegrated into' the frontfascia and designed to help',illuminate the roadway during poor visibility, Reverse Se6sa0m D-Pillar Assist Handles-inc;driver and passenger-side,Due to 66C space requirements,the Driver-side handle is deleted iffrontfrear $ 59.00 $ 60.00 aux ak and heater(driver controlled)(57G)is also ordered 67 onsole minc Large Center Console integrated shifter,a dual cup holder 194A0 $ 195.00 and an additional stora a area Auxiliary Fuse Panel-inc:high spec interface connector,Dual AGM 87E Batteries(70 Amp-hr Each),Modified Vehicle Wiring System, $ 384.00 $ 385.00 modified vehicle connections for customized wiring harness Provisions Whicle'maintenanceMonicor4nc:engine hnurmeter,'Depending 61 C on the engine,this feature wilt display engine hour meter,oil life, $ 44.00 $ 45.00 oil level,fire pressure,water in fuel,DE,F inxh formation and eaust fitter staios Upfitter Interface Module(UIM)-inc:Thistechnology makes it easy for upfitters to operate aftermarket equipment,such as liftbuckets or cranes,Upfitters can connectlprogram the optional upfitter 55A switches to operate aftermarket installed equipmentwlup to 9 $ 254.00 $ 255.00 digitally configurable inputs,Please see fleet.ford.com/partsandservice/upffter-interface for additional information 66B Smoker's Package anc:a dgarette lighter and ash cup,The $ 39.00 $ 40,00 cigarette li liter replaces the 12V lgowetpoint 76C Orange Safety Belts-inc:belt minder on the front driver and $ 44.00 $ 45.00 passenger seattsi j Lockable Door Bulkhead wMindow-inc:The bulkhead is located 47 ' behind the driver and passenger seats in the cargo van,and $ 1,294.00 $ 1,295.00 se crates them from the caro area 65C Power,,Sliding Door-inc:anti-pinch feature to hel revent in'ur $ 994.00 $ 995.00 37A 112VPower flint-inc:Located in the rear of the vehicle $ 14.00 $ 15.00 DUVAL FORD Page 1165 of 1W6 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 110V1150W Power Outlet-inc:The AC power outletis designed to 90C power low-draw electrical devices w/a household-style outlet for $ 99.00 $ 100.00 added convenience 110V1400W Power Outlet-inc:High-power outlets deliver up to 90D 400wattsofpower,allowingdriverstoeasilychargesmaller $ 474.04 $ 475.00 corded tools,batte 'char ers or mobile devices ori-site 92A "ti h Strength Laminated Glass-inc:2nd-4th row windows $ 1,134.00 $ 1.135.00 590 PerimelerAJarm 7t 14,> 0 $ 15500 52B 4.00 $ 5.00 31'w Ship Thru Qualified Second Stage Manufacturer,includes second stage' ,and Sod Moditler cer0ficalon it bei, $ 450.00 BUA Back U I Alarm-inc:102 dB(A)warnincl capabilit $ 124.00 S 125.00 40651 406T1 l err'v Master Partition No"or Re`vires Sh TtSru '�] $ 1.100:{f0 NA - 40TLH:IW BASE 60"H SHELVES-TRANSIT 148"WB HIGH ROOF [Requires(31*)ShipThru] 40TLH 40651 Partition-Perforated-TransitMid/High Roof-1 $ 3,490.00 NA 406TH Partition Wing lqt-TransitMid/High Roof-1 48524 Shelf Unit-52"W x 60"H x 14"D-3 44TRH:1W X60"H SHELVES.TRANSIT 130"WB HIGH RD(3F [Requites(31�Shipfihru] 40TRH 40651°Pktlo 1'Perbiited `6nsitMid1High Roof-1 ( $ 3,320.00 NA 48424 Shell Unit-42"W x 6i)"R x 14"D-3 � 40fiTH Partition Win` #fit-Transit Midt! h;hoof-t �41TLH:IWI GENERAL SERVICE60"H SHELVES-TRANSIT 148" WB HIGH ROOF[Requires(31*)ShipThru] 40651 Partition-Perforated-Transit Mid/High Roof-1 406TH Partition Wing I6t-Transit Mid/High Roof-1 48524 Shelf Unit-52"W x 60"H x 14"D-3 41TLH 40080 Drawer Cabinet-3 Drawers-1 $ 4,030.00 NA 40090 Drawer Cabinet-4 Drawers-1 40060 Hook-3 Prong"J"-2 40310 Small Parts Shelf On-10"W Plastic-5 40030 Shelf Dividers 6"Tall(Set of 6)-1 48t 90 Shelf Lid 10"L x 2.75"H-1 4't1RH:l(�A G�fERAL SER1lICE 60"l sHELVEs-TRANSrr 130" ' WB HIGH ROOF[Requires(3j'j!�jipThruj 40651Partition-Perforated-Transit,MidlHighRoof-1 � 406TH Partition Wing fQt-Transit MidMigh Roof-1 41 TRH48424 Shelf Unft-42 W x 6O"fix 14"D-3 140080 Drawer Cabinet-3 Drawers-1 3,835.00 NA 140090 Drawer Cabinet-4 Drawers-1 x'40060#Nook-3 Prong"J"-2 40310 Small Parts Shetf Bin-10"W Plastic-4 40030 Shelf Dividers 6"Tall(Set of 6)-1 DUVAL FORD Page 1166 of J906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 42TLH:KM ELECTRICAL CONTRACTOR 60"H SHELVES- TRANSIT 148"WB HIGH ROOF[Requires(31*)ShipThru) 406TH Partition Wing l it-TransitMidMigh Roof-1 40651 Partition-Perforated-Transit Mid/High Roof-1 48524 Shelf Unit-52"W x 60"H x 14"D-3 42TLH 40040 Shelf Door Kt 52"W-2 $ 4,530.00 NA 40090 Drawer Cabinet-4 Drawers-2 40230 Wire Reel Holder-5 Spindle-1 40270 Hanging File Holder-1 40310 Small Parts Shelf Bin-10"W Plastic-10 40030 Shelf Dividers 6"Tall(Set of 6)-1 48190 Shelf Lip 10"L x 2.75"H-1 42TRH:I(M ELECTRICAL CONTRACTOR 60'H SHELVES- fR,ad+ISIT 130'WBHIGH ROOF[Requires(311 ShipThru] 40651 f�artition-Perldreled 7 Transit MldMigh Roof-1 406TH Partition Wing#Gt-TransitMid/High Roof-1 48424 Shelf Unit-42"W x 60"H x 14"D-3 40010 Shelf Door Kit 42"W-2 42TRH 40490 Drawer Cabinet-4 Drawers-2 4;300.00 � ! 40660 Hook a 3 Prong"J"-1 40230 Ere Meet Fgoider-5 Spindle-1 40274 flanging File Holder-1 40310 S a i" ffBin-10"W P1astic.8 40030: ►etf0ividersS'Tall�Setef6)=1 43TLH:W ITISECURrrY 60"H SHELVES-TRANSIT 148"WB HIGH ROOF[Requires(31*)ShipThru] 40651 Partition-Perforated-Transit Mid/High Roof-1 406TH Partition Wing Mt-TransitMidMigh Roof-1 48524 Shelf Unit-52"W x 60"H x 14"D-3 40040 Shelf Door Kt 52"W-2 43TLH '40070 Drawer Cabinet-2 Drawers-2 $ 4,295.04 ! NA 40060 Hook-3 Prong"J"-2 40270 Hanging File Holder-1 40310 Small Parts Shelf Iain-10"W Plastic-5 40030 Shelf Dividers 6"Tall(Set of 6)-2 48190 Shelf Lip 10"L x2.75"H-1 44TL Ha I(3N'ITIT'ELEC43M 60'H SHELVES-TRANSIT 148"WB RIGH ROOF[Requires(31*)ShipThru] 40651 Partition-Perforated-Transit Mid/High Roof-1 406TH Partition Wing Nt-Transit Mid/High Roof-1 1 , 48524 Shelf Unit-52"W x 60"H x 14"D-3 44TLH 40040 Shelf Door Kit 52'W-1 $ 3,985.00 NA I 40070 Drawer Cabinet-2 Drawers-2 40060 Hook-3 Prong",t"-2 140030 Shelf Dividers 6"Tall(Set of 6)-1 48190 Shelf Lip 1(?"L x 2.75"H-1 DUVAL FORD Page 1167 of '1906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 45TLH:KM HVAC 60"H SHELVES-TRANSIT 148"WB HIGH ROOF [Requires(31*)ShipThru] 40651 Partition-Perforated-Transit MidlHighRoof-1 406TH Partition Wing 1Gt-TransitMidlHigh Roof-1 48524 Shelf Unit-52"W x 60"H x 14"D-3 40040 Shelf Door Kit 52"W-1 45TLH 4 0 0 70 Drawe r Ca bi net-2 Drawers-2 $ 4,335.00 NA 40200 Refrig e ra nt Ta n k Rack-3 Tier-1 40060 Hook-3 Prong 7-1 40270 Hanging File Holder-1 40310 Small Parts Shelf Bin-10"W Plastic-5 140030 Shelf Dividers 6"Tall(Set of 6)-1 48190 Shelf Lip 10"L x 2.75"H-1 45iRH:KM HVAC 60"H SHELVES-TRANSIT 130'WB HILI ROOF (Requites(31�ShipThru] I 40651 F' ion'-Pe taled'-Transit MidlHigh Roof-1 48424 Shelf Unix-42"W x 60"H x 14*D' -3 40010 Shelf polar Kit 42'W-1 45TRH 40070 Drawer Cabinet-2 Drawers-2 40200 Refr gerantTank Rade-3 Tier-1 $ 4,095.00 NA 4027044anging file Holder-1 40460 Took-3 Ptorf g",1"-1 �) �004edpividers�"Fall(Setrrf6)- 1 40310 Sm6n Farts Shelf Bin-10"W Mastic-1' 406TH Partitionif4lin I9t-TransitMidM IhRoof-1 4TMADD:DROP DOWN HD ALUMINUM LADDER RACK KIT- DOUBLE-TRANSIT MRIHR[Requires(31*)ShipThru] 4A91 H Drop Down HD Aluminum Ladder Rack-Driver Side 4TMADD Mechanism(Add to 4A99H)-1 $ 2,665.00 1 NA 4A99H-2 Drop Down HD Aluminum Ladder Rack-1 409TD Mount Kiit-Transit Drop Down Ladder Racks-1 4A99H-1 Drop Down HD Aluminum Ladder Rack-1 DROP DAWN HD ALUMNJIJM LADDER RACK-MIDTHIGH ROOF 4 ,9H [Requires(311 ShipThru) 1 4A95H-1 Drop Down HD Aluminum Ladder Rack-1 $ 1,825,00 f 444, p�' f NNUMN,oil DUVAL FORD Page 1168 old 906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 4319TH148: Adrian Steel ELECTRICAL&GAS STARTER PACKAGE for 148"wb[Requires(31*)Ship-thru] 1.HAD4459 Hybrid 4-Shelf Unit-3 2.RAIL KIT-1 3.S1M2HC2PM Steel partition Panel Kit w/Msibility&Door Kit-1 4.Steel Partition Mounting Kit-1 5.BRKI4EPS End Panet Mounting Bracket-4 4319TH148 6.BR76012 tin Set for Adjustable Shelving-1 $ 3,980.00' NA 7.BR36212 Bin Set for Adjustable Shelving-1 8.DC6 3-Drawer Unit'1 9.DV14C81 4'Shelf Dividers 1 10.TA1 WAD 4HookBar,w1 Adapter.t 111.CBS 5-Siot Literature Rack 1 12.6K4210 boor 4*1,Open Back 13.WINS 5-Bar Spool holder 1 14.9 4=t?rawer lJnitwl tack2 4318TH148: Adrian Steel PLUMBING&HVAC STARTER PACKAGE for 148"wb[Requires(31*)Ship-thru] 1.HAD4459 Hybrid 4-Shelf Unit-3 12.RAIL KIT`see list on page 28-1 3.S1M2HC2PM Steel Partition Panel KitwlVisibility&Door l<A-1 4.WKC1 FDTH Steel Partition Mounting Kit-1 5.BRK14EPS End Panel Mounting Bracket-2 6.BR36212 Bin Setfor Adjustable Shelving-1 4,968.00 : NA 4318TH148 7.DC6 3-Drawer Unit-1 18.DV14C814"Shelf Dividers-1 9.TA1 WAD 4-Hook Bar wl Adapter-1 10.WTR230150 Welded Tank Rack-1 11.CB5 5-Slot Literature Rack-1 12.DK4210 Door litwl Open Back-1 13.RKAWTR Welded Tank Rack Rail Adapter-1 14.1419 2-Drawer Unit wl Lock-2 5156TH140 ADRIAN STEEL Base Shetving Pkg for 148" Wheelbase jRequires(31 1 Ship thrid 5156TH148 i,HAD4459 Hybrid SheMrig linins-3 $ 3,723.00 NA 2.S1M2HC2PA�Steef Partition&Door Kit-1 13,.WKC1 FDTH ftel Partition MountingtGt-1 4317TH148:Adrian Steel GENERAL SERVICE STARTER PKG FOR 148"wb[Requires(31*)Ship-thru] 1.HAD4459 Hybrid 4-Shelf Unit 2.RAIL M*see list below 1 3.S1 M2HC2PM Steel Partition Panel Ktwl Visibility&Door lit-1 4.4 WKC1 FDTH Steel Partition Mounting lit-1 5.BRKI4EPS End Panel Mounting Bracket-1 4,549.00 NA 4317TH148 6.BR36212 Bin Setfor Adjustable Shelving-1 $ 7.DC6 3-Drawer Unit-1 8.DV14C8 14"Shelf Dividers-1 9.TA1 WAD 4-Hook Bar wlAdapter-1 W.UH50 Utility Hook-2 11.919 3-Drawer Unitwl Lock-1 ® � 1 4-Draw Unit wlLock-1 DUVAL FORD Page 1169 of111906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 LK8FT148: INTERIOR LADDER KEEPER:Designed 71oadedfrom outside the vehicle,the Ladder Keeper featureLK8FT148 loaded clamp that $ 456.00 i NA holds the ladder securely in place.Can carry up to 8 inside mounted to raaf, a vires{31"} 51 t2C�PM Adnan Stsel rtition Perforated Top Center& S1 M2C2PM Passenger Panels Includes Wing Kitfor Ford Full Size Cargo Van $ 1,180.00 NA Medium Roof no door i. lie vires X31"r Ship-thru S1 M2HC2PM Adrian Steel Partition Performed Top Center& S1 M2HC2PM Passeeger Panels deludes Wing Kit for Ford full Como Van $ 1,23s 00 NA Jftliil j,11d 4 hulasihangerdnrnlcbrauruirt '1#rvugh] 1 C20-�'tt�-aight met pare�i �e�r�tsd�ndovr,i�a i FTH-10 acresk 16010 6"Hook,3°o0ning,paint4d $ 3.822.00 N 1 N5.R860.4 Steel shelving unit for high roof van,14"D x W W x 62"H 1 N5-RS964 Steel shelving unittrhigh roof Van,14"0 x 96'W x V"H RANGER DESIGN BRAND Electrical Package for High Roof httpsJ/rangerdesign.00m/configurator/Must add bulkhead. [Requires 31'Ship Through] 16063 Paper holder,extra deep,5 slots,1 6070 6"Hook,3" opening,painted 16072 8"Swivel hook,4"opening,painted 7 62-Ul11212'Deep plastic bin 2 62-UDR14 Set of 5 dividers for a 14"shelf 17124 Reel holder with two 518"diameter rods 1 77-U1036 Adjustable shelving door unit-33"W-for 36"and 72" FTN-11 ;shelves Is 5,386,00 NA 1 77-Ul 048 Adjustable shelving door unit-45"W-for 48"and 96" shelves 1 C20-FTH Straight steel partition with perforated window,no access 1 N4-RS48-3 Steel shelving unitfor High roof van,14"D x 48"W x 44.5"H 1 N4-RS84-3 Steel shelving unitfor High roof van,14"D x 84"W x 44.5"H 1 X50-B Compact 2-drawer unit 1 X50-C Compact3-drawer unit DUVAL FORD Page 1170 of 906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 .... .. .... .. ..... RANGERANGER DESIGN BRAND HVAC Package for High Roof httpvJ/rangerdesign.com/0o nfigu rotor/Must add bulkhead. R 31*Ship Through] 16008 3 Tier refrigerant rack for large bottles 16063 Paper holder,extra deep,5 slots 16070 6'Hook,3'opening,painted 1,16072 8"Shrivel hook 4"opening,painted I 6088 Large,aluminum bottle holder,with two black nylon straps 7 62-U111414*Deep plastic bin !FTH-12 2 62-UDRI 4 Set'of 5 dilivid' ers W a 14"shelf $ 5,453.00 NA 1 77-111048 Adjustable shelving door unk.45'W-for 48"&96" shelves i C20-FTH Straight steel partition with perforated window,no access 1�,N4-R S48-3 Steel shelving unit torHigh roof van,14@ D A-48"W ;A-44.5°H I N,4-R584-3 Steel shelving I unit for High roof van,14'DA-84"W A-44,5"H 2-X,50 I Compact 2-dra*pr unit RANGER DESIGN BRAND:Aluminum Parition with window for HNh FTH 3020 $ 1,723.00 NA Roof. lRequires 31*Ship-thru $ FTH 3010 RANGERDESIGN D.'s0d'Alumilnum,Pari#on for Root 1,583.00 FTH C20 RANGER DESIGNS BRAND:Steel staightparition with windowfor $ 1,283.00 NA MENEM HIgh_roof. e Wres3l*Shilp-thru 14 Passenger Startrans Transit Bus:TransitT350 Includes Running Board,Electric Passenger Door,Rear Heat&AIC,Back- STARTRANS "up Alarm&Safety Equipment Back-up Camera System(Req $ 30,665.00 NA S6P/U6P Cutaway 178"WB)Requires(31 Ship Thru second sta9 e manufacturer - %,s colop I NA Bus Option 2 51LOO NA H19 -_Back Double Seats each h_ 04.9, ton'3 NA Bus tion 4 Armrests ea $ 44.80 NA Son ]do► j)Do 960.00 NA 'S V Bus Option 6 Cioth Seat Cover(eachi, 83201 , NA tion 7 -7 J, , 17.60 NA, Bus Option 8 Mor Ryde Suspension 1,47240 NA I I 1 11 NA -7 9 Heated Power, 0—�Aew Mirror 832.00 .......... s 22tion 10 Walls&Ceili2ngo PaddedVin I $ 512.00 NA tion 11. Rear Poor $ 576.00 ' NA Bus 22tion 12 :Twin Rear Windows 224.00 NA s tion 13 ,j®rbTggoj,,6 Arl 58-WB 1,920X] NA Bus Option 14 OverheaLuggage 88320 ; NA (1)Whe il Position:includes Intermotive Safety Inirlock,Dual NA Wheelchair Panel Door,Braun Lit USIraint Slide n Click Restraints w/Storage $ 8,960.00 Pouch -------------- 0 NA —Im d WheeljlcI air11 Midlunal securnlenl Positions giflis 12 to DUVALFORID Page 1171 of 1906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 SWATVAN: In dudes Storage Boxes Street&Curbside,Aluminurn Clad Walls Mill Finish,HD Floor Mat,Upholstered Seat&Seat SWAT P261-20 Backs,Full Length Hand Rail atCeling,(2)Red/White Dome $ 13,109.00 NA Lights,(1)Full Length Overhead Shelf for Storage. Recommend Factory AC,High Roof-LWB Model. Options can be Customized. Requires 31'Shlig Through 1 L22 Goift finer,insulaton $- 2,436,00`' INA P25L23 Whine board $ 225.00 NA a; ris �� 1s bretpWT sr, aa otria modular sysem: #ndudes seattaepsoterconsole,Rear step side single step ifneeded�_6o(h steps powder coated olackmakte tern finis),interior prQt a t.j3�hlip aN hoses, lamps and �' 12,400.00 NA hardware for hooklog up rsar p0pryAIC;diarn<aOpiate, �ahaminum flexr,6,000 pound slam locks with Camkodcer T- Handles,all lacks ke ed the same.Req 31*, Regular Length three or four(vehicle specific)compartment prisoner transport inmate modular system: Includes: seat belts, center console,Rear step,side single step if needed(both steps Inmate 3 powder coated black matte finish),interior protected LED lighting, $ 12,900.00 NA all hoses,damps and hardware for hooking up rear factory AIC, diamond plate aluminum floor,6,000 pound slam locks with Camlocker T-Handles,all locks keyed the same.Req 31' �T Extended Length one orti�o 6o srtmentprisonertransport inmbt modular system, hWudes.1,seat belts,tinter console,Rear, step side single step if needed(both steps powder coated black Inmate EL matte finish),;interior oiec od LED ' hbri .all hoses,�oiamps and �� $ 13 OD0.00' NA 9 hardware for'hooWV up tiaar fury 'diamond 01818 aluminum floor,6,000 pound slam lacks with CamWer T- Handles,ail locks ketf the same.Rsq 31" Extended Length three or four(vehicle specific)compartment prisoner transport inmate modular system: Includes: seat belts, jcenter console,Rear step,side single step if needed(both steps Inmate 3EL powder coated black matte finish),interior protected LED lighting, $ 13,500.00 NA all hoses,clamps and hardware for hooking up rear factory AIC, diamond plate aluminum floor,6,000 pound slam locks with Camlocker T-Handles,all locks keyed the same.Req 31 Squish Seat On our 3 compartment units the squish seat allows for L59 creating a single compartment on a needed besisfor coni+nement $ 1,076.00 NA but stores away when not in use to allow the full front compartment Storage: On our 3 compartment units,we otter an additional L60 Storage Compartments 1 Stowaway storage compartment&1 full $ 1,140.00 NA out Drawer Cameral Tamper proof Dome Camera 1 CCD Backup Camera, L61 15 Channel Mobile DVR with GPS(all wires and connections $ 1,597.00 NA included'17"LCD Monitor with RCA Input DILIVAL FORD Page 1172 041 906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 Camera 2C:2 Tamper proof Dome Cameras,1 CCD Backup L62 Camera,1 5 Channel Mobile DVR with GPS(all wires and $ 1,806.00 NA connections included) 17"LCD Monitor with RCA Input _ Camera 3C: 3 Tamper proof Dome Cameras 1 CCD Backup L63 Camera,15 Charnel Mobile!DVR with GPS(all wires and $ 1,825.00 NA, connections included)17"LCD Mondor with RCA(nOut I _ Camera 4C: 4 Tamper proof Dome Cameras,1 CCD Backup L64 Camera,15 Channel Mobile DVR with GPS(all wires and $ 2,244.00 NA connections included) 17"LCD Monitor with RCA In ut L66 reduction _- $ 1,136.00 NA L67 Food Doors: Provides e4§ and secure food access to inmates $ 485.00 _ NA L68 Seat Cushion for 1f2 Compartment Heavy duty vinyl,bott3om only 1,864.00 NA or bottom and b6c ko tions available' L70 Seat Cushion for 314 Compartment:Heavy dutyvinyl,bottom only $ 2,420.00 NA or bottom and backo tions available Solid Drop Doors: Used so there is no visibiliV betNeen the L71 $ 200.00 NA I �iarimerr � 172 Solid Front partition upgrade $ 200.00 NA Rear Cargo Insulation,must be don prior to installations: Used L73 $ 2,236A NA so#her is l e�uisibil) bewen the 06m partments. L74 Outside Exhaust System _ _- $ 1,136.00 NA L75 maple t3px Re laoement -)h addiban to ori Final 340.00 ESA L76 Extra Seatbelt $ 55.00 NA its corp';**m 1 C:System will come with one slave.For a 2 L78 comQarkrnen 'yi�u vrrdl need 1addition l have:For 3, $ 695 00NA comparbentyou 41'teed 2 additional slaves at$17b per.Fir a 41h oo artment a will need 3 addWonatliaves. Sealed Driver Separation 10t:Designed and tested to seal off the front cab area of the officer/driver from the Inmate Transport unit. Includes custom fit aluminum powder coated filter parts for all necessary bulk heads,Front and Rear on all units and Side Door when applicable. The parts are designed to fit and fill the open L58 areas around the inmate transport unit and will require heat resistant caulk to seal all seams and FireBlock insulated foam $ 1,946.00 NA sealant to seat off any additional open spaces(included).For models equipped with emergency escape doors,custom fit poly trim and aluminum plates with rubber trim are included.Two smoke test kits are include to ensure the installer has sealed the unit properly. NONE=EMEMENNEEMENK-W VAN BODY: 12'Cutaway Van Body. Incudes Plywood Liner,Step Bumper,Dome Lights and Roll Up Door. For ETrack(1)Row,Add 11,400.00 NA BOXP151-23 ;$350 For Pull out ramp add$2460. This Option Requires 31*And $ Chassis -:tion with DRW o tion. VAN BOW 14'Cutaway Van Body. Indudes'Plywood Liner,Stop BOX P15t14 Bumper,Dome Lights and Roll Up Door. For ETracc;(1)Row,Add $ 11,900.x0 NA $480 For Pull out ramp add`$2460. This Option Requires 31*And Chassis alionyM,DRW option. ENCLOSED BODY: KN APHEIDE KIN ENCLOSED UTILITY BODY, KUV 1371-6 Model KUV129SUK With 59.5"IH SRW 82"CA Includes Step $ 15,000.00 . NA Bumper and Power windows and locks. This option Requires 31* and Single Rear Wheel chassis option. 11 DUVAL FORD Page 1173 of>906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 ENCLOSED BODY: KNAPHEIDE KUV ENCLOSED UTILITY BODY, Kl1VP7L7 Model KUV129SLKWith 64.5"IH SRW 82"CA Includes Step Bumper and Power windows and locks. This Option Requires 3 i* $ 16,000m NA, and Sin le Rear Wheel chassis o tion. ENCLOSED BODY. KNAPHEIDE KUV ENCLOSED UTILITY BODY, KUV P71_8 Model KUV129SHK With 76.5"IH SRW 82"CA Includes Step Is 16,500.00 NA Bumper and Power windows and locks. This Option Requires 31 and Single Rear Wheel chassis option. ENCLOSED BODY: KNAPHEIDEKUV ENCLOSED UTILITY BODY, Model KUV129DUKWith 59.5"H DRW T350 82"CA includes KUV P7L 11 $ 15,340.40 NA Strep Bumper and Power windows and locks. This Option Requires 31*And Chass!LQpton with ARW o tion. ENCLOSED BODY: KNAPHEIDE KUV ENCLOSED UTILITY BODY, KUV 1371_12 Model KUV129DLK With 64.5"IH DRW T350 82"CA Includes Step Bumper and Power windows and locks. This Option Requires $ 16,300.00 NA 31*And Chassistion with DRW option. ENCL6St37 BODY: I IAPHEIDE KI V ENCLOSED UTILITY BODY, KUV P7L13 Model KUV1 29 DHK With 76.5"1i DRW T350 82"CA includes $ilep Bumper and Power windowsand locks.This Option Requires ,i $ 16,800.00 NA 31*And Chassis Option with DRW o bon. ENCLOSEDBODY: KNAPHEIDE KUV ENCLOSED UTILITY BODY, KUVP7L16 Model KUV1 53DUK With 59.5"IH DRW T350100"CA Includes $ 17,500.00 NA Step Bumper and Power windows and locks. This Option Requires 31*And Chassis Option with DRWo tion. ENCLOSED BODY KNAPHEIDE KUV ENCLOSED UTILITY BODY, KUV P7L17 Model KUV153DLK With 64,5-'"'H' DRW T350100"CA includes $ 78,800.00 NA Step Bumper and Power windows and locks. This Option Requires 31*And Chassis tion with DRW o,tion. ENCLOSED BODY: KNAPHEIDE KUV ENCLOSED UTILITY BODY, KUV P7L 18 Model KUV153DHK With 76.5"IH DRW T350 100"CA Includes $ 19,100.00 : NA Step Bumper and Power windows and locks. This Option Requires 31*And Chassis Option with DRW o tion. KW P71_34 pear D66lass b KUV P71_24 KUV BODY OPTIONS: 3 Bar Rack-LOW ROOF ONLY $ 1,246.00 NA 1_25 INV QY OPTIONS- Sin Ie Dro Rack $ 2120.00 NA I IJ P7L26 KUV `OPTIONS: Double Drop Rack $ 3„175.00HA P7L27 Y OPTIONS:'.,.'6 Dra er Fla Machaniq Box $ 21 9.00 A ,KUV'P7L28 KUVBMYOPTIONS: Removable Crane 900#Capad $ 4,796.00 NA P71.29 KIN YE TtC}NS., ComoartmentL htin KUV P71_30 L.ED Ta Ili lhts $ 490.00 NA 9F8 ,FLATBED:'9”KnapheideFlat Bed,Model PVMXSwi1h Bulkhead. $' 8,150.40 NA Requires 31'and DRW Chassis gptipn, 12FB FLATBED: 12'Knapheide Flat Bed,Model PVMXS with Bulkhead. $ 6,600.00 NA Requires 31*and DRW chassis option FLATBED: 14'Knd apheide Flat Bed,Moel PVM,KSwith Bulkhead. 94FB $ 7,300.00' NA Re cuires 31* and drw chassis o tion FB01 Remove 40"Stake Sides for 9 R Bed $ (500.00) NA F 2 Remove 40"Stake Sides Ivor 12 ftbed $' '600.00, 1 P2.L33 11300#Tommy Lift Gate:G2921350 35 $ 4,800.00 NA L39 2000#RAU-GATE TOMMY GATE 89-20 TP42 $ 5 00.00 NA P2 L46 1500#TUCKAWAY MAXON T15 $ 4;500,010 NA JP21.47 200 #TUCKAWAY WALTCO C-20 $ 4,575 DUVAL FORD Page 1174 o161906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 IN 8 or 9 Compartment with Front partition:Doors,Floor pans and the inside wail of the cages are made from.125 mill finish aluminum. The outer shell of the cages are.063 mill finish aluminum.The doors use stainless steel folding T-handles for locks.The interior of the van's cargo area is skinned and insulated using.063 mill finish gAL85 $ 18,300.00 NA aluminum and .75"R4 Styrofoam. The side and rear of the cargo ,area is lighted.Catch pole holders are mounted on the inside of the storage box. Van floor is covered with tread plate aluminum for non slip grip. Solid partition separates front compartment from the j animal cages.Req 31*Ship Thru Ten Compartmentwith FrontPartitil Doors,,Floor pans and the inside Miall sof ttie. s are al0,#gym. 25 ttlri�nl alumin�rm. The outer shell Of the cages'are-.0ti3 dill finis alurdinum.The � dobi'tuse shin,les el i`l60 T.Mhdlei for bcks:The interior of the van1scargo'ere lis riled enri ins"'4iaied usiil mill finish j AAL86 $ 19,545.40 NA aluminum and.75"R4 rtitearri. 'Th side and rear ofthe ergo } area Is jighteq.0,a pole ho ersare tnountsd okt`'the in Odle of thesty eboxI}floors { retaiumaumr 1 I II{ l sr �tg s{ {�� l 1 rj I ;R i. 1 WWB ACK ALTAO Ct, lli,ftRADhi iC7AfT Ttl 'll Y� ADA-7p 1IV1i #CES LTA ?fir r� $ 20 Sao OD RA }� y tt n1 r r. r} } }} } r} t ��yy��pp ��jj SMEM 44 0) ! KUS i`"" yl� ' EXTIN r DIVE w, "i?fll Gf�GENCY W�y�9 E N } ) ! t I RCKUP I(RE{l9lFt t NJl 3 killrOlR i;4 i 148"WB) ADAupfit:Dual panel wheelchair access doors with windows, Braun NCL-919 wheelchair lift 3451 platform 8001b wlsafety belt, ADA (2)aStraint slide n dick be downs w1oombo lap&shoulder belt,(2) 18,800.00 NA$ Q'Straintstorage pouch ii Al 1 iFord Transit Van-Unit and Insulation Package- -Thermo IGng Vehicle Powered V320 Max 10-R404A Refrigerant, In-Cab Controller,Jet Thermol(ing v320 Lube Compressor $ 17,215.00 NA InsulaLon Package-3"Insulat-on,D-Ring Tie Down Points, Diamond Plate Floor Door Openings Ford Transit Van-Unit and Insulation Package- Thermo Nng T590 Reefer Unit Self-Powered Diesel Reefer Unit,R404ARefrigerant ThermolGng t590 $ 19,300.00 NA InsulaLon Package-3"Insulal-on,D-Ring Tie Down Points, Diamond Plate Floor Door Loponli l DUVAL FORD Page 1175 of 11)906 SPEC 34 Transit T-350 High Roof Cargo Van RWID FSA20-VEL28.0 VY, SprayLine LWI3 HD Spray Liner,Length of Floor and 16.up side walls for long $ 1,895.00 NA wheelbase scre'en I'Window"Secu& eanjjHf ed Doors 396,00 NA NS Re4 WNe Dome U2 art,in sla iled between Yj so rs or ire r o area $ 195.00 NA SAF�TSakt,41 Ind-',fir; 6d1jq: 276.06 NA, SAFET2 First Nd Fire Extin u1sher and Road LED I(it 5*00 NA THMS500-PPI 5 GO Wad Inverter with Dash Switch-incudes THOOO 2 $ 396.00 NA TH750S 75 Watt iverr witl Hash dudes l•H0002 'L 596bO NA, 'rH1 000 1000 Waft Inverter with Dash Switch I $ 642.00 NA Trif+1500150' $-69-6:00 NA 0 Inverter witi'DaWSwillch-includes TH0002 TH2000 2000 Waft Inverter with Dash Switch $ 796.00 NA NA THNOO , 466.00- DSI-121120ON Dimensions 1200 waft Pure Sine Wave 1,495.00 NA D I-_REMOTEFbe-AOL6 Z�nTofk'r Dimen4o6s'' F 1146b0i, lNA2 STLIGHT fteamliuht Recharqeable Slinger Flashlight '189,00-1 NA W $'I Fittr6yVe TWQ,RECEMAT SET TEC 2P Prep" on, WTLC4P Precision Fit trays efour piece mat.set $ 289.00 NA RMA Hok ER FLO(jkMATS X19 Q0 NA,' LTS La To SiLand,Passer 2je side mounted and universal Cradle 795.00 NA gh ............. r 'NA" Usti,I one, HD Charge Wire for lophonge 5 39.00 NA 's LST LED Filar Mounted otight-325PL-0002,189,P46SLC $ 895,00 NA O ITE Ltg�lii(064jhtbrand T 725,00' NA 3RD Brake Light Safety Pulse(Pulses 3rd brake light(4)times 3BK upon application of brake pedal to increase driver awareness 279.00 NA behind you when stDa yin =i LED NO 1 4' m Coer Flashing System(2 Surface Mouniled In Grille',2 In Tall I Lights) (Specify color at time of order)MCRNS,MCRNSI,VTX6C $ 675,00 NA 16'Mini Whelen Led Century LightBar-Amber lightwith Amber LED PKG 2 Lens-MCI 6PA $ 495.00 NA LEDPKG3 16'Min!Whelen Led Century Light Bar-Amber light with Clear. $ 550.00 iA MC16PCA 16'Mini Wh elen Led Century Lig h t Bar-Amb e r/white lights with LED PKG4 $ 550.00 NA Clear-Lens-MCI 6PF-,"-'-- LED PKG 5 23"Mini Whel6n Led Century Light Bar-Amber light with Amber $ 695.00 NA Lens-MC23PA LED PKG 6 123"Mini Whelen Led Century Light Bar-Amber lightwith Clear- $ 695.00 NA MC23PCA LED PKG 7 '23'Mini Whelen Led Century Light Bar-Amber1whita lights with 695.00 NA Clear Lens-MC23PF 54'Fully Populated Whelen Justice Light Bar,6-Switch Controller LED PKG 8 &4 Corner Flashing System With Mounting Hardware(Specify $ 3,002.00 NA color at firrie of order)JV2',PCC6W,MCRNS*,MCRN61, %rrVnf%n* DUVAL FORD Page 1176 qfgl 906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 54"Fully Populated Liberty N might Bar,6-Switch Controller&4 LED PKG9 Corner Flashing System With Mounting Hardware(Specify color at $ 3,022.00 SIA time of order IW2r PCC6W MCRNS*,MCRVTX609* Interior Flashing System:(2)SOLO Avengers In Headliner,(2) SOLO Avengers In Rear Deck,4 Corner Flashing System with LED PKG 10 $ 1,754.00 NA Single Mounted Controller(Specify color at time of order)AVC11 MCRNS*,MCRNBI*,VTX609*, . Premium Interior Full Width Flashing System Front and Rear With LED PKG 11 Directional Functions,2-Hideaway Grille Lights,2-Flashing Tail $ 3,400.00 NAA jai hts SiirentQontrolter eakerand Mounfiri .Sracketa 54*Fully Populated Whelen Justice Light Bar,Siren/Controller, LED PKG 12 Speaker&4 Corner Flashing System With Mounting Hardware- $ 2,863.00 NA JV2**"*,SA315P,MCRNS* VTX609* 54"Fully Populated Wh6 en Liberty II Light Bair,Sireaf Controller, LED PKG 13 S 3,350.00 NA w" 5A315P,, Coat Undercoating $ 650.001 -----NA-- 2 T` 'E` 1ftTONI5 PAINT SCHEMF.DOORS j1i3 RC1 F ., 3 ?636 00: NA NITROGEN FILLED TIRES IN LIEU OF STD FACTORY FILL. FUEL NITRO ECONOMY SAVER DUE TO TIRE PRESSURE CONSISTENCY,ON $ 245.00 NA IGROUND ��SAF1O �HQ , � I, ( V t�tlAlNE $' 175.00 !fes 3K PATS EXTRA PROGRAMMED KEY WITH PATS TECHNOLOGY,FLEET KEY $ 175.00 NA 3KPT KEYTRANSMffTERFOB $ 379001NA TAT DEEP WINDOW TINT FILM WITH FRONT WINDSHIELD STRIP. 365.00 NA _TINT 4D TNT ALL WINDOW& 49500 NA Tommy Liftgate for medium or high roof Cargo Van: Cantilever Series models are highlyversatile and include numerous Ludesirable features.A bolt-on underside mount is compatible with LG CL most modern vans and eliminates the need for any welding.The $ 7,500.00 NA platform is constructed from corrosion-resistant aluminum and folds laterally,allowing for access to the rear of the vehicle without operating the lift.,1300#CVL-AF-1330 EF71 Tommy Liftgate, 1104#Capacity The Iatestin liftgate ichnology, F tha V2 series by Tronmy Gate prouides the Pna�imum pts farm Wading area wfkit�oc eying the sma`ilest'po'es�tite space whet♦ c43 LG In $ 6,000.00; ( NA �r`edinthe?rear of166iian.The V2 eekmodem M en ineering with haods4ree plaftnrna open aril close,buitt-th cart 511OF49 I ti 9, ;psi'`itf4 rk s.�U �! tiS .i � ' 0P675 76000 Mile. Call Demalerforplanspecificsp d optional Terms, Price guide 1012019 Extended Service Plan Base Care,Zero Deductible.Five Year, $ 2,430.00 $ 2,430.00 DB5100 100000 Mile. Call Dealer for plan specifics and optional Terms. Price Guide 1012019 Extended Service Plan Extra Care,Zero Deducible.Five Year, $ 2,040.00 $ 2,040.00 D75 75000 Mile.`Call Dealer for plan specifics and optional Terms. Price Guide 1012019 DUVAL FORD Page 1177 of13906 SPEC 34 Transit T-350 High Roof Cargo Van RWD FSA20-VEL28.0 Extended Service Plan Extra Care,Zero Deductible.Five Year, $ 2,845.00 $ 2,845.00 DE5100 100000 Mile. Call Dealer for plan specifics and optional Terms. Price Guide 1012019 Extended Service Plan Premium Care,Zero Deducible,Five Year, $ 2,745.00 $ 2,745.00 DP575 75000 Mile. Call Dealerfor plan specifics and optional Terms. Price Guide 1012019 Extended Service Pian Premium Care,Zero Deductible.Five Year, $ 3,570.00 $ 3,570.00 DP5100 100000 Mile. Call Dealer for plan specifics and optional Terms. MicoGuide 1012019 OutofZone purchase and Delivery. Does not include unique OZN shipping circu msta n ces whe n final product demands shipping $ 446.00 NA outside the state of Florida.Note:Emmissions codes lbr specific re ,ion. Tag and Tibe processing and handling fee, rags are;processed at 0 the local g office a Phys cafiy PIMA up fOr client and afWd io vehicle prior IDdeliver,Gostjh'clddeselecironicacfm s atiuefee, 48.00 NA,,, manual processing oourier,acrd Fedex related expense. TMP 30 Day Florida Temporary-Tag,Requires(70Ta lritle Option $ 7.00 NA Translerfag Chanltiric#a any) lease send scan ofageiacy TX reg ation wr(h D e'rl �tadre` ad1.Ae 61ir6s'i7Q}��gff�ge $ 90.00 fVA � ',z, ion;incudes`TMPD TAG New Tag Charge(Florida only)Requires(TT0)Tag/Title option. $ 125,00 NA ecl Ci ,State,or Sheriffs Ta IncludesTMP DUVAL FORD Page 1178 0o1906 CITY OF BOYNTON BEACH 01"fOF BOYNTON BEACH -.... .. fhowl Saks' r ..BILL DARTY Laura Torben .•s€:,€ (Work)904-3882144 (Fax) 904-387-6816 (Cell)904-568-6027 5203 Waterside DrJax,F132210 Nie:pprs yianr�iri69rleaetprlrJth�ge a�u►M�tc9na8APr"WparfWRlDi1~IFF8A88OCk4TONLIGHTVEg"COHTRACrMAXL I�LA�a►Neri�EgtrI�,►antrr�trr>r�lmfCsr74naavl�,►t8a 1fyoulmw.r+ygun ffot-ma&ldkv6Wsqm&p&weaNAtft V&WvkwZb00dwwd wl>I�Adm*w rrMelsaspaaY7aa►anpt eamrBw. and Invellcigq,hebe ov�ta►wn+grA�dan order. + SPEC R TRIM 5 2L V8 GAS ENGINE + . 10 SPEED AUTOMATIC TRANSMISSION + °BOX $ + 3.73 LIMITED SLIP DIFFERENTIAL 389.00 ® POWER WINDOWS/DOOR LOCKS F ® Front License Bracket + Z1 EXTERIOR: OXFORD WHITE $ + AS INTERIOR: GRAY VINYL-40120140 VINYL FLOOR _ 1 jqCL 10000#GVWR PACKAGE ..,:.:.., I fit _ SPARE TIRE AND WHEEL + 526 ELECTRIC BRAKE CONTROLLER 269.1E + 524 TRAILER TOWING PACKAGE WITH 7 WAY WIRING AND 2"FrAED PINTLE BALL COMBO + 35S SPRAY IN BEDLINER - 584.00 e INCL MANUAL TRAILER TOW MIRRORS tlhYCL BACK UP CAMERA -m.w„� uuuuuuu, + 1N15d w.._� - t39. + 042 IBACK UP ALARM DAYTIME RUNNING LIGHTS 44.00 + TAO CITY TAG AND TITLE 125.00 + T5 O TAG HANDLING FEE 48 0{1 + LED PKG 8.__. "" „„WHELEN 54"LIBERTY 11 LIGHTBAR,WITH TRAFFIC ADVISOR-(A1WJAW AMBER/WHITE SPLIT 3,022.0 + 'C6 SWITCH CONTROLLER - + MCR'NS )(2)MICRON HIDEAWAYS FOR GRILLE-WHITE - IVTWA9 (2)VERTEX FOR TAIL LIGHT HOUSING-WHITE TELEMATICMODUM VENDOR COMMENTS � -- • � e F2A BOYNTON BEACH L1_xlsx Page 1179 of 1906 iTL U) 9) (t) 0 in w W (n U) 0 0 0 0 0 0 0 0 0 0 0 0 0 a CL 0- 0- cm OL 0- 0- 0- CL 0- CL 0 000 000 000 000 iTL m m no ca m m m m m m m m 0 CD (D 0 C) C) j C:) C) CD o 0 0 C) C:) C:) 0 0 CD, O q O CL Cl C:) 0 O O G7 0 C) C) 0 0 0 CD 0 C) 0 0 0 C) CD C)0 i C) C) C:) C:) 1:1 0 0 CD C) 6 O O O CN flo 00 CN (.0 0') (D 00 C) 04 v-- 0 0) Cl) r 0� 0') 0) LO LO , (C) (0 0) (0 0 0) (.0 w C') Zcy a0 cct ul (q .9 N C4 Mi C4 CV Cri 04 N Cl) 04 N cr) &. C14 N N C14 C14 C14 N N " N N CN I 6 D < N LL x 0 U) -0 LJ v 0 0 0 cr- 0 0 J 0 J 0 0 O 0 ca LL 0 LL LL LL LL LL U_ LL :3 ❑ 0 >, 0 0 0 ❑0 0 0 CT) U- cu ❑w LL W LL w W W LL w a) 0 < 75 --a D is < D < -a D V N > > CO > N N > En 0 -T 0 0 U)m 0 cn m < m ❑ (D CL D N U) x 0 W () CD (D a) (D -j ?I cu m co co cu M Co (D x cr_ ca C: r_ m Cc M r- c (v " C) E E < d d d Q < ::3 0 LL cn 0 Z->CD --7 ek 0 Page 1180 of 1906 III M Page 1181 of 1906 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 F2AXLT )Q.T LI rade package '113 013A 0 &H fiaAkwom 6.2L 2 Valve Gas SOHC EFI NAV8(Flex Fuel)ITorqShjIMG Six- 996/44S , S S eed ALitomatic w/Selecaifl@ Aalomatic i 3 2V DEVCT NA PFI V8 GasITOTOWU Ten-Speed Automatic 99N/44G with Selectable Dfive Modes:Normal,Tow/Hau 1,Eco,Deep 0 Oj $ 2,044.00 $ 2,045.00 Sand/Showl Sllq'ia ".It ForF250 6A 4 Valve OHV Power Stroke@ V8 Turbo Diesel 820 with manual push-button Engine-Exhaust Braldng/TorqShif*Ten-Speed 99T144G 10 0 $ 10,494.00 $ 10,495.00 Automatic with Selectable Drive Modes:Normal,Tow/Haul,Eco, Deep Sand/Snow&5lipper —A LS i Electonic L2dNng DIftrental. 010 14--- 389.00 $ 3KOD- Transmis&on Power Take-Off lreq Ten-Spe-d 1'ramimission and (62R)PIV PTO provvssion;includes Transmission mountad,live drive and,Matanary mode 0 0 $ 2,925.00 $ 3,000.00 'W9' $ 2 925." $ 3'0"' 00 cl d' Q eiec� 2 or usi�with h ,Taufic oAofl�s ex 'u,III fric overh 4raubc. INN TD8 J245175Rx17EBSWAIS S X I �'T-4 TCD LT265170Rx17E OWL AIT -0 X'I 454.00 $ 455.00 77 1,Can*and'il ick(rOOJ':"�t6o0 512 irsWhee 4A ) dare $ JI q )VV 177,77 77777777 I SY P%U"100, heal on 0 X $ 304.00 $ 395.00 08irightchromehub covers and canter ornaments(SRW OnW •Chrome tont and rear step bumper •Cruise Control(steering wheel-Mounted) NOTE poes,notinclude rear bulmper,40hen ordered w166D Pldwp Box Delete DUVAL FORD Page 1182 of 1906 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 STX APPEARANCE PACKAGE(17S) Availability: •Optional on XL Not available with: •XL Value Package(96V) Includes: •Bright Chrome Grille •High Airflow Grille(std w16.7L Diesel DRW only) •Bright Hub Covers •Chrome Front and Rear Step Bumpers 17S +Cruise Control(steering wheel-mounted) 0 X $ 1,824.00 $ 1,825.00 •STX Fender Vent Badge • 18"Sparkle Silver Painted Cast Aluminum Wheels(648)(F-2501F- 350 SRW) •LT275165Rx18E BSW AIS(TCH) • 17"Forged Polished Aluminum Wheels(F-350 DRW) • 19.5"Forged Polished Aluminum Wheels(F-450) Options Available: •LT275170Rxl8E BSW AT 44(TDX) •LT275170Rx18E OWL AIT,44(TDU) •Floor Covering,color-coordinated full carpetwith floor mats(16F) •6"Angular Chrome step bars(NAto Regular Cab) 90 I bwar_"'ui'mentGrou "bele Q 11 8 $ 2500 $ 234.00 AT VALUE PACKAGE(17V) Availability: •Optional on AT Not available with: •AT Premium Package(17P) Includes: 17V •AutolocklAuto unlock X 0 $ 1,599.00 $ 1,600.00 '+Fog Lamps •Power Driver's Seat(eight-way) •Rear under-seat storage(NAwI Regular Cab) •Reverse Sensing System(76R)(not included when ordered wlPickup Box Delete(66D)) •SecuriCodeTm keyless entry keypad driver's side) C, P PAcKAGE(471) j Availability. •Optional on XL,AT Not available with: 20`Wheels and Tres Pickup Box Delete(66D) •Heavy-Service Front Suspension Package(67H)*Tremor Off-Road Package;(17' 471 iIncludes: 0 0 $ 159.00 $ 160M •Extra heavy-service front springs(42)(2 up upgrade above the spring computer selected asa consequence of options chosen.Not included if maximum springs have been computer selected as standard equipment) •Rear auxiliary springs,(F-250 only,Std.on 350) Rear stabilizer bar(SRW only) +Slide-in camper certification DUVAL FORD Page 1183 of 1906 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 F-250 COMPLETE TRAILER TOW PACKAGE-H D Availability: •Optional on XL,XLT,Includes trailer plug 6 or 7 way 534 •Includes hardware pack:Class IV Ball Mount,2"Ball,Sleeve reducer,pin and 0 0 $ 1,445.00 $ 1,446.00 dip •Recommend Trailer Brake Controller(TBG)(52B)-XL SRW •Recommend Locking Differential F-250 TRAILER TOW PACKAGE-HIGH CAPACITY(536) Availability: e Optional on XL,XLT,and Lariat F-250 j Not available with: a 10,000(aVW0,900 GVWR Pkg.(68D) •Pickup Box Delete(66D) 535 0' 0 $ 1,129.00 $ 1,130.00 Requires; 6.71.Plower StrokeQD Diesel iengine(99T) Trailer Brake Controller;JBC)(5213)-XL SRW tneludes: s Increase GCW on diesel engine from 23,500 lbs,to 30,000 U. 00", raded axle F-250TRAILE TOWHI H CAPACITY W/ TRAILER TOW CAMERA SYSTEM PACKAGEAND PRO TRAILER BACKUP ASSIST(53Q) j Availability: •Optional on F-250 Notavailable with: •Pickup Box Delete(66D) Requires: •6.71-Power Stroke®Diesel engine(99T) •Power Equipment Group(90L)-XL only •STXAppearance Package(17S)-XL only •SYNC®3(913)-XL only •Trailer Brake Controller(52B)-XL only 53Q Includes: 0 10 $ 2,729.00 $ 2,730.00 •Lane-Keeping Alert •F-250 Trailer Tow Package-High Capacity(535) —Upgraded Axe --Increase GCW on diesel engine from 23,500 lbs.to 30,000 lbs.*Pro Trailer Backup Assist-std on King Ranch®,Platinum and Limited •Ultimate Trailer Tow Camera System-std on King Ranch®, Platinum and Limited Rear View Camera —360 Degree Camera System —Rear CHMSL Camera —Trailer Reverse Guidance DUVAL FORD Page 1184 of 190 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 HEAVY SERVE FRONT SUSPENSION PACKAGE(67H) Availability. •Optional on all Pickups Usage: •Recommended only on vehicles which will permanently utilize aftermarketequipmentsuch as heavy-duty winches,brush guards or other apparatus which loads the front axle to the specified Gross Axle Weight Rating(GAWR) Not available with`: .Tremor,Off-Road Package(I 7Y) 67H I,*Snow Plow Package(473),Camper Package(471)or Heavy- 10 10 $ 124.00 $ 125.00 Service Package 1br Pickup Box Delete(831R) Includes: •Heavy-service front springs(1 up upgrade above the spring �I compulerl"clod as'a consequence of options chosen.Not included tfara)imum springs have been computer selected as standard equipment) NOTE 1:VehideAde height will increase wAhe addition of this package. IVOTE2:Mayresulkin deterioration of ride quality when vehicle is not equippedwith front end utili allachment HEAVY-SERVICE PACKAGE FOR PICKUP BOX DELETE 1(63R) :Availability: .Optional on XL and XLT •F•250 and F-350 SRW Not available with: •20"Wheels and Tires,Snow Plow Prep Package(473)or Heavy- Service Front Suspension Package(67H) 63R •Moonroof(Twin Panel)(43V) 0 0 $ 124.00 $ 125.00 Requires: .Pickup Box Delete(66D) Includes; •Heavy-service front springs(200 lbs.Upgrade above the spring computer selected as a consequence of options chosen.Not included if maximum springs have been computer selected as standard equipment). •Rear stabilizer bar •Rear auxiliary springs(F-250 only;Std.on 350) Pickup Bax Delete(NA F-450;NA F-250 Trailer Tow Package—High Capacity (535)or F-250 Trailer Tow High Capacity wl Ultimate Trailer Tow Camera 660 0 1 0 $' (100.00) $ (100.00) System;NA*/7.3L Gas Engine(99N)or Pro Trailer Backup Assist Package (530);req.Long Wheelbase Variants)Inducted when optional body is selected. DUVAL FORD Page 1185 of 1966 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 10,00019,900 GVWR PACKAGE(681)) Availability: •Optional on F-250 and F-350 SRW Not available with: 68D •Trailer Tow Pkg.-High Capacity(535) 0 0 •F-250 Trailer Tow High Capacitywl Ultimate Trailer Tow Camera System Package and Pro Trailer Backup Assist(53Q) Includes: •9,900 lbs.Gross Vehicle Weight Rating(F-250 SRW) e 10,000 lbs.Gross Vehicle Weight Rating(F-350 SRW) CNG/Propane GASEOUS ENGINE PREP PACKAGE(98F) Availability •Optional on all F-250 and F-350 Requires; 6.2L Gas Engine(996) Ind udes; •HaFl ma dOkf rdened Engine Intake Valves and Vahre Seats 398F 0 0 $ 314.00 $ 315.00 _ NOTE This package Moes not include CNGJPropane fuel tanks, lines,etc.Vehicl will be equipped w�ae standard factory gasone fuel system:Additional equipmenicombitfed �iwlCer6eti ciithration reilasb is required,from an exte nal a ttsr;'to W"nveitihe vehicle#a a CNCVPr0pane fUe'iet}vefiisle. 41 H En lne Block Heater 1 0 0 $ 99.00 $ 1 00.0 0 Transmission Pow+ei Take-O fPro&o {req.7en-deed Transmission, 62R includes Transmission rnWhited live drive and stationarymode PTO;NA4x2 0 0 $ 279.00 $ 280.00 142',W& 045O i42"WB;6L en ine r_ .4.30 Eilnal Drive Ratio) 86A_ En ine Idle Shutdown-5 minute 0 0 $ 249.00 $ 250.00 868Fin ineidle'ShuWown--lO,Trilnute 4. r.O:I $ 249.10:. _ _250% 86CEn ine Idle Shutdown-15 minute 0 0 $ 249.00 $ 250=00 86D' ine IeShuW6,k-20minuts 0 0 $ 249.00 $ 250.00 98R Operator Commanded Regeneration(OCR)(req.6.7L Power Stroke®Diesel 0 0 $ 249.00 $ 250.00 engine) _ Dual Battery(Dual 78 AH;,req.6 2L or 73L.Gas engine;reqs.397 Amp 86M 0 O $ 209.00 $ 210.00 Alternator 678 when 73L en ine 199N is ordered BoxLink'"(includes four(4)premium locking cleats;includes Interface Brackets 66B on XL;Brackets are std when spray-in-bed liner(85S)is ordered on XL;feature 0 . S $ 74.00 $ 75.00 is removed when Pickqp Box Delete 66D is ordered on XLT Aueible Lane Departure Warring(rsq.661)Pickup Box Relete and Pre- 6,0C Colilsion A§sIstwith Automatic Emergency Braking(AJEB),Automatic High Beam 10 011 $ 114.00 $ 115.00 and Forward Collision Warnigil94 , on XL;NAw1F-450 BLIS§(Blind Spot Information System)with Cross-traffic Alert and Trailer Tow 60B (BLI%sensor in taillamp)(Reqs.Power Equipment Group(90L)on XL;NIA 0 S $ 539.00 $ 540.00 with Picku Box Delete j66D 12,0001b,Ford Performance Parts winch byWarn'(Ind.wirelessand wired remote controls;70-foothigh-tonsile strength,abrasion-resistontsyntheticline; t 5 7.3L Gas'engine,(99N)requires Dual Battery(86M);6.7L Power Stroked Diesel 0 O $ 2,999.00 $ 3,000.00 engine(99T)requires 397 Amp Alternator(678)),Requires WI Gard 62M Power-Adjustable Pedals -- 0 $ 119.00 $ 120.00 DUVAL FORD Page 1186 of 190 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 Pre-Collision Assist with Automatic Emergency Braking(AEB),Automatic High 94P 0 S S 114.00 $ 11500 Beam and Forward Collision Warnin 67E 240 Amp Alternator(req.6.2L engine;240 Amp;required wlSnow Plow Pli S1 S1 $ 84.00 $ 85,00 (473),Upfitter Switches(66S)and 11OV140OW Outlet(43C)is ordered together) 0 0 397 Amp Alternator{req.Dual Battery(86M)on 7.3L Gras engine(99N)only; 67 B Sit Sit $ 11.4.40 $ 115.00 NAwro2LGas engine(996);required w141ARapid-Heat Supplemental#heater) 0 0 ping 1 m ii Ge 54Klanually'�elesoapin9;Folding''Fralle'r"�"owMriirs�t�i' rcie ' ~e;3s; ;` X G leated Convex tier Mirror Ind rated Clearance Lam !mum 'rials Power-(aiding with Autofold,PowerScope®Telescoping,Power Glass Trailer j 54F Tow Mirrors with Heat,Turn Signal,High-Intensity LED Security Approach X 0 $ 279.00 $ 280.00 Lamps,Utilit Li htin S mil Side-mirror Spotlights) 66L !66n Ridcu ig&ax 13elete LED Center HigWountsd Stop Lamp(CHMSL);NA 0 0 $ 59.00 $ 60.00 Trailer Brake Controller(TBC)(Verified to be compatible wlselectelectric over 52B hydraulic brakes;7&4-way combo trailer tow socket and bracketdefeted 0 S $ 269.00 $ 270.00 w1661)Pickug Box Delete;includes Smart Trailer Tow Connector 5TH WHIEEIJG90SENECK HITCH PREP PACKAGE(53W) *Five(5)pickup bed atta mentpoin wr piugs One(1)frame under-bed aoss member •One{1)integrated 7-pin connecior on driver's side pickup bed wall •The 5th WheeU,GGooseneck Prep Pad ige'(53W)is compatible wtlhe factory orderable 5th Wheel Hitch K is(15Kand'1$L)and Dealer Installed Ford Accessories 51h Wheel Hitch NtbyReese--part#BC3Z 19D52O-'A(8 ft.box only).The prep package is also comp;atibie wlReese Sigristiure Series5th wheeIt him lkits upda`ted+ala new Leg Sarvice At'—P648' 01-AO"O'A'25i -A(81111. box only) The ilyheei bitch 1Gt-15K 5th Wheel Hitch NO 5L and Nallrinslalleo Ford Accessories 5th Wheel Him kitby Reese--part#Bd3 -1965 b-Aisnot 531W released to the shortbox(6.75 It.box)NOTE The short pickup box provides 0 0 $ 499.00 $ 500.00 lessdearance between the cab and 5thwheel trailer compared to"long box` pickups,The receiver cent rdlne of the hitch should be mounled it least two inches forward from�e gear-auie of the trunk r assis.When selecting a trailer and tow vehicle;it's critical that this combination provide,cearance between the cab and tow vehide for turns up to and Including 90 degrees.�Fallure to follow this recommendation could result in the frailer contacting the cab oflhe taw vehicle during tightturns, Gooseneck Hitch Gompatibiliry •The 5th WheellGooseneckPrep Package(53W)is compatible only wAhe factory orderable Gooseneck Hitch Kit46.1,Gooseneck Dual Hitch Kit=15E or Dealer-installed Ford Customer Accessories Gooseneck hitch by Reese—part #BC3Z-19175034(8 R box and 6.75 t box) 18BPlatform Runnin Boards 0 0L$ 339.00 $ 320.00 DUVAL FORD Page 1187 of 19(% SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A) FSA20-VEL28.0 Center High-mounted Sip Lamp(CHMSL)(F-350 only;CHMSL is deleted �i 59 H from vehicles over 10,000 lbs.GVWR with 66D Pickup Box Delete;replaced V 9 with a black cover;lo add CHMSL with 66D Pickup Box Delete,select 59H. 0 0 i CHMSL is standard under all otherconditions.iJ1______. 153 Front License Plate Bracket 0 0 REAR VEW CAM ERA AND PREP KIT(872) AvaiiabiliV. •,Optional on XL and XLT Requires: Pick U ''Box Delete(66D) Pp ' Pre-installed Content Includes: I •;Cab ging 672 •Frame Wiring tothe rear most cross member 0 0 $ 414.00 $ 415.00 [ s Video misplay -.4'd": laywlien ordered -'8`displaywhe'n'ordered with SYNC03 Upfitterskit lncludes: •Camera with mounting bracket r 14'jumper wire Camera mountln `and aimin instructions 595 Halogen Fog Lams jreq..XL Decor Grou j 7Fi on XL) 0 0 $ 129.00 $ 130.00 Rear CHMSL Camera(display in venter stack screen;includes LED Center Zwft h-moue*d SIDp Lamp(CHMSL)with Cargo light and Rear Viddo Camera; 873 fl' 0 $ 199.00 $ 2000II�p8oxDeleted 166D),Individual TrailerTPMWustorn6dP1aced Trailer Camera(653)or CustomerlPlaced Trailer Camera(6513)) ULTIMATE TRAILER TOW CAMERA SYSTEM W/PRO :TRAILER BACKUP ASSIST PACKAGE(53R) Availability: •Optional on XL,XLT,and Lariat •Standard on King Ranch®,Platinum,and Limited Not available with: •Pickup Box Delete(66D) Requires: •Power Equipment Group(90L)-XL only •STXAppearance Package(17S)-XL only 53R SYNC®3(913)-XL only 0 i0 $ 1,599.00 $ 1,600.00 •Trailer Brake Controller(52B)-XL only Includes:*Pro Trailer Backup Assist •Lane-Keeping Wert •Ultimate Trailer Tow Camera System ,—Rear View Camera —360 Degree Camera System —Rear CHMSL Camera —Trailer Reverse Guidance —LED Center High-Mounted Stop Lamp 592 Lgpitopfivlarkerpearance Lams Q O 94.00 $ 95,00 85G ?ail ate Step(includes step and handle;NAw166D Pickup Box Delete) 0 0 $ 374.00 $ 375.00 85STough led@(spray-in bed'liner,includes tailgate-Guard,black box bed tie- 0 (0 $ 594.00 $ 595-00 down hooks and black bad attachment bolts;NA w1166D Pickug,Box Delete LL43B Defrostwith Fixed and Privacy Glass(Privacy Glass is standard on XLT;XL req. 0 0 $ 59.00 $ 60.00 Priva f Glass 19241and Power Equipment Grou 901_ DUVAL FORD Page 1188 of 1906 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 110V1400W Outlet(with 40/20140 seats,there is one in-dash mounted outlet; 43C 2M outlet in the console req.401Consolel40 seats;req.200 Amp Alternator 0 S $ 174.00 $ 175.00 l'67D Floor Covering,color-coordinated full carpet with floor mats(reqs.STX 16F arance 10 X $ 59.00 $ 60,40 16T Floor Mats,All-Weather$325 for 1bu rp iece 0 $ 164.00 $ 165.00 166° CarpetDetete(XLTRariatreDlacedwfblackfloorn 'm S 0 $ $ f25D0 41A Rapid-Heat Supplemental Cab Heater(Optional in all states with 6.7L Power 0 0 $ 249.00 $ 250.00 Stroke®Diesel engine 76S Remotettartm re `.90LPowerE ui mentGrou ° 0 0 $ 249.0)0j $ 250"00 76R Reverse Sensing System(NAw166D Pickup Box Delete)$245 with XL. 0 0 $ 294.00 $ 295.00 Aftermarketfor use with service body alicabons:$625 Upfitter Switches;(6)(Located in overhead console;req.200 Amp Altemator 66S 0 0 $ 164.00 1 $ 16500 SYNC®3—Enhanced Voice Recognition Communications and Entertainment System —8°LCD Capacitive Touchscreen in Center Stack with Swipe j Capability —Pinch-to-Zoom capability included with available Voice-Activated Touchscreen Navigation System 913 _Appproductivity screen in IP duster 0 S $ 449.00 $ 450.00 —911 Assist® —Apple CarPlayTm and Android AutoTm Capability —Smart-Charging USB-C ports—two(2) Includes 11OV140OW Outlet(43C) Reqs.Power Equipment Group(90L)on XL only;NAwlRear CHMSL Camera;873)on XL SiriuSWO Radio 11 38S 0 S, $ 184.00 $ 155.00 -'adds one( IlRmounted center'speakeron A.and XLTonI Voice-Activated Navigation with HD and SiriusXM Traffic and Travel Links 21 N (included w196U Lariat Ultimate Pkg.) X 0 $ 569.00 $ 570.00 Note:SiriusW Traffic and Travel Link®includes a 5-year prepaid subscription. 1 Cloth,40/20/40 Split Bench 0 X $ 99.00 $ 100.00 L n't 401Mlrii-Cons6Je140 0;, $ 35400 $ 355,00 4 Cloth,401Mini-Console140 0 X $ 514.00 $ 515.00 )CL.DiCOR GROUP('17F) Availability: •Optional on XL(Fleet only) Includes: 47F Bright chrome hub covers and center ornaments(SRW and 64J 0 X $ 219.00 $ 22000 DRW Wheel on ly) •Chrome frontand rear step bumper NOTE Does notindude rear bumperwhen ordered w166D Pickup Box Delete 525 Cruise Control(steering wheel-mounted)Included to Eat.es 17s,96v 0 X $ 234.00 $ 235.00 DaytimeRunning Lamps`(DRL)(the non-controllable 942 Daytime Running 942 Lamps(DRL)replace the standard Daytime Running Lamps(DRL)(On/Off 0 0 $ 44.00 $ 45.00 Cluster Controllable DUVAL FORD Page 1189 of 1986 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 51X 'S are Wheel and Tire Delete(also deietes'ackand frame-mounted carrier 0 X $ 25.00°° $ 125.00 926eed Limitation-65-mah overned to d 0 0 $ 79.04 $ 80130 927S eed Limitation-75-m h overned top speed 0 0 $ 79.00 80.00 21, 62Y Premium Aluminum Crossbed Toolbox by Weather Guard(model#127-0-02) 0 0 $ 789.00 $ 790.00 - NA w/Picku p Box Delete 166D` Customer Placed Trailer Camera(req.ultimate Trailer Tow Camera System; w1ft TrellrerBackup Assist Package(53R)or F-250 Trailer Tow High Capacityw0timale Trailer Tow Camera System and No Traffer Backup K 0 $ 374.00 $ 375.00 Assist Padka a `53 °NAwlgear CHMSL Camera-(873) - 65A Individual Trailer TPMS(Includes four(4)TPMS sensors) X 0 $ 499.00 $ 500.00 Individual Trailer TPMSICustomer-Placed Trailer Camera(reg,Ultimate Trailer 1 Tow C"ra*sbem;w/Pm Tra*rBadiAssist Oac kage(53R)or F-250 TrailerTow High Ca acitywliJltimple TralferTow Camera m and 653 9 P K 0 $ 724.00 $ 725.00 Tra#er&ckuOA14'bt Package(530),NAw/Rear CHmS Camera(873)) ' ; Note:Trailer 7PMSse'nsors onlycompatible onwheels with a.452`diametar valve stem 52R Stowable Loading Ramps(NAwith Aluminum Toolbox(62X162Y);reqs.second 0 0 $ 694.00 $ 695.00 unitbody�) _ __ 1 S LID Warning;robes- Amber(req.59H center sigh-t>Aout:" Slop Lamp; 01101 $ 674,00, 675.00 ink�udes Jnr hi 'n-rnoun�kl sto`ti nt bar and twa 2 hood maunted li` ffi' LED Warning Strobes-Amber-White(req.59H center High-Mounted Stop 91 G Lamp;includes center high-mounted stop light bar and two(2)hood mounted 0 0 $ 724.00 $ 725.00 Ali.htsl 87 HHood Deflector-Black Molded 0 $ 129.00 $ 130v0 85L Drop-in Bedliner(NAwith all Gooseneck features(53W,15E,15J,15K),66D 0 0 $ 349.00 $ 350.00 Picku Box Delete) Tonneau AOW'p 80cover-SoftFolding(NAwlAlaminum Crossbsd T6olbox � 21 D (� 0 524 00 S 525.00 62x 2 S�awable Loadin Ram s `52R or Drd, Jn edl n6r� k Tonneau Pickup Box Cover-Hard Folding(NAwlAluminum Crossbed Toolbox 21E 0 0 $ 994.00 $ 995.00 62X16 Stowable Loadin Ramps��52R)or Drop-in Bedliner i85L) Tonneau Pickup Box Cover-R4triclable(NA, lNumind n Crossbed Toolbox 21,i Q 01 $ 1,654.00 $ 1,695.00 . 62X162 �S�wable Loadin Ram s."52R or Dro � to Bedilner 85L 61 L Wheel Well Liner,Front 0 0 $ 179.00 $ 180.00 61 M Wheal Well Line,Rear(avail.on F-250 and F350 SRW only,NAwl66D Pickup 0 0 $ 179.00 $ 180.00 Box Delete 61 N Wheel Well Liner,FrontlRear(avail.On F-250 and F350 SRW only;Ni 0 0 $ 324.00 $ 325.00 Pickup Box Delete) 85M Bed Mat(NAwith all Gooseneckfeatures(53W,15E,15J,15K),66D Pickup Box 0 0 $ 149.00 $ i5f.130 Delete,85L Dro -in led liner or 85STou "h Betl® ra -in bedliner 618 Splash Guards/Mud Flaps Front(reqs.Splash Guards/Mud Flaps Rear(62S) 10 0 $ 129.00 $ 130.00 for F250 SRW) Splash Guards/Mud Flaps Rear(NAwl66D Pickup Box Delete;reqs.Splay 62S GuardslMud Flaps Front(61S)for F250&F350 SRW and DRW;optional on F- 0 10 $ $ - 354 DRW when-Deptyable Runnin Boards 08P are ordered 21X icle Safe b Console Vault re s.Seat-Bucket401console/40 X Veh0 $ 329.D0 $ 330.00 76C 15terior Backu Alarm,May be dealer installed 0 0 $ 139.00 $ 140.00 DUVAL FORD Page 1190 of 1909 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 Gooseneck Hitch Kit-15J{req.53W 5th Wheel/Gooseneck Hitch Prep 15J Package;Available F-2501F-350 only;NAw185L Drop-in Bedliner or 85M Bed 0 0 $ 249.00 $ 250.00 Mat' 5th Wheel Hitch IGt 15L-includes 19k rated hitch for SRW.(req.53W 5th 15L WheeUGooseneck Hitch Prep Pkg.and 84 box;NA w185L Drop-in 8edllner or 0 10 $ 1,094.00 $ 1,095.00 85M Bed Mat 5t"Wheel Hitch Kt-15K—(req.53W 5ch Wheel/Gooseneck Hitch Prep Pkg.and 15K 0 0 $ 1,494.00 $ 1,495.00 84 box;,NAw185L Drop-in Bedliner or 85M Bed Mat` �Ship Thru Qualified body modifier. Includes second stage mso,body (31') certification label and pre-delivery inspection. Second Stage MSO required for 0 0 $ 625.00 NA Tr T dmli "t Reohei: able` er Fla (:,h 1, 0 ,D `$ 75 : ,90i !!T� THIS500-PPI 501 Watt Inverter with Dash Switch-includes TH0002 0 0 $ 396.00 NA MIS m Watt Inverter wi#j gash;frit -in'clude6"TH00U2 OI I D $ 596;Q0 NA TH1000 1000 Watt Inverter with Dash Switch C 0 $ 642.00 NA TH 1500 1500 Wait Inverter with Dash Swill includes TH0002 0 0' $ 595.00 NA TIa120t?0 2000 Waft lnverterwith Dass Swims 0 0 $ 796.00 NA rlfl000 3000 Watt Inverter with Dash i 0 0 $ 966.00 NA DS-1211200N Dimensions 1200 watt Pure Sine Wave 0 0 S 1,495.00 NA ID -REMOTE Remote control fer Dim6risions 0' 0. 145.00 NA D hone H WCnar a Wire for hone-USB IPHONE 0 0 $ 39.00 NA 1USBArldrold HD Cha `e Wire t+arRndroid-U AtVDROtD '6, O $' 39.00 NA Safety Kt Incl;First Aid 1%Triangle Kt&Fire Extinguisher(Specify montingSAFET 0 0 $ 276.00 NA location' B500 T,PET449,6430 SAFET2F rstAid,Fire Extinguisher(specifymoutning location)and Road LED W430,�'B500T„1140-4PACK 0' 0 $ 536.00 NA SAJl 3 Ail Purpose Anti Bacterial Wipes,FDA A- roved 50 Count With Face Mask ON $ 50.00 NA ONE Ca Holder Phone Mount 0 0 $ 80, 40 NA WTD 2 Ali Weather Laser Cut Floor Mats-2 Piece 0 0 $ 215.00 NA WTM'4 A#,Weather Laser Cutfloor Ma#s- 4 Piece 'D' tJ` ''$`' 29'd.(I'0 NA CONSOLewm 14"Basic Console Package:4m Dual Beverage Holder,Console Tray,2-DC CC-MC-I4-FT-K Outlets,1-Dual USB Port Faceplate,Height Adjustable Arm Rest(SPECIFY 010 $ 742,50 j NA RADIO MODEL AT THE TIME OF ORDER` C-WBOS-16- 16"Wide Body Console with Open Storage on Side of Console:4"Dual C C -K Beverage Holder,Console Tray,2-DC Outlets,1-Dual USB Port Faceplate, 0 0 $ 875.00 NA Height Adjustable Arm Rest(SPECIFY RADIO MODEL AT THE TIME OF ORDER) C-WBOS-20- 20"Wide Body Console with Open Storage on Side of Console:4"Dual C C -K Beverage Holder,Console Tray,2-DC Outlets,I-Dual USB Port Faceplate, 0 0 $ 887.50 N Height Adjustable Arm Rest(SPECIFY RADIO MODEL AT THE TIME OF ORDER) 16"Wide Body Console Package with Open Storage on Side of Console:4" CC-WBOS-16- Dual Beverage Holder,Console Tray,2-DC Outlets,l-Dual USB Port Faceplate 0 0 $ 993.75 NA FT-FB with Lidded File Padded Box(SPECIFY RADIO MODEL AT THE TIME OF ORDER' CM-1=15-SA-Ktr LapTop Stand Passenger side mounted with Universal Com uter Tray O' O $ 71760 IIIA CM-SDMT-SL- Lap Top Mount with Easy One Handed Slide Arm and Universal Computer 0 0 $ 735.00 NA �T Tra . Use whon orderin Tro Gonsole art - Vent Shades 0 0 175.00NA DUVAL FORD Page 1191 of 1 k SPEC 140 F-254 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 TLEBC Piintle Ball Combination 2 5116'withAd ustable Shank - - 0 0 $ 350.00 PINT1„ FX Pintie Ball Combination 2 5116"with Fixed Shank 0 0 $ 285.00 NA S R: ,Aries 3"Tubular RunOina Boards-Btadc 00 $ 495000 NA ARDS C Aries 4"Oval Running Boards-Black 0 01$ 515.00 NA iefd 10 0 S: 10.t10 NA 3 K1,Ptd Programmed Integrated KeyTransmitter Fob 0 0 $ 350.00 ' NA ,KPATS.S rwith ammed ICa Pats Technolo Flaet Key 0' 0 $ 225.00 NA 2 TONE Two Tone Paint Scheme,Roof and Doors 0 0 $ 1,896.001 NA 2: ED, Two tone Paint Scheme,—Doors On 6 10 I$ 1,496.00 NA C MLOC Relocate factor camera - 0 0 $ 285.00 NA W,KZONE everse Sensin ;$stem Dealer Installed 0 Q $ 445.00 NA Sp,ra y SB ND Spray In Bed liner,Includes Com artmen jo s,Interior and Tail ate 0 T1$ 945.00 NA ra BR l D' ra 'in BedNneron leu � er 0 O 210.00 ISA Spray ESV HD Spray in Bedliner for Enclosed Servie Body,Includees Floor and 16"up 0 0 $ 1,895.00 NA side walls uat Under Coating - — 00 850.00 NA Pr000mp Nitro 3.5 inch level kit. Includes:Procomp Nitro 3.5 inch level kit 18x9 Procomp wheels or equal 35x12.50R18 Nitto Trail Grappler Tires PROCOMPA 3 inch black tube side steps 0 0 $ 5,360.00 NA Speedometer Calibrator Labor&Alignment 3136k parts&labor warranty This kit has a 3.5 inch frontliflwith a 1 inch block in the rear to level the truck. Pr000mp 6 inch suspension lift, Indudes.Procomo 6 inch susp'enslon lift Wal kering stabilizer 184 Procomp wheelsor equal 35x12.50R18 Nim Trail Grappler Tires PROCOMP B 0 j 01 $ 6,640.00 NA 3"inch black tube W6 Step5 5peeevmethr Calibrator Labor&Alignment ' 31361K. ads&faborwarran Level Levelin=Kt,Raises the Factor Front 2" 0 0 $ 1,556.00 NA TINT 1 ld Tnt.Ori ront2 Windowstndudin'' Windshield Stn , 0 0 $, 26690, N TINT 2 Tin!.,Windows 4 Door IncludN Windshield Stri 0 0 $ 385.00 NA TNI3 irrio Tinf4 I porS Indulin'`' indshieid Ship 01 0 $' 496.00 NA DECAL 1 a hies-Basic Fleet Package 0 0 $ 300.00 N, 2 ' bra, hi C� rmized Pada'"a y1lith i30it numbers 0 0 $ 450.00 NA Nitrogen Filled Tires In Lieu Of Std.Factory Fill. Fuel Economy Saver Due To NITRO 0 0 $ 245.00 NA Tire Pressure Consistency,On Ground ILL GUAIZDSAND W14CHES 57-93905 WeOn HDXWrap Around Grille Guard with winch late 0 ! 0 $ 1,295.00 NA 57-3905 Westin HDXWra'Around Grille Guard wi houtwlnch plate 4 0 $ 1 195.00 NA, WARN Warn wraparound grill guard with winch plate 88240,98080,98090,98095 10 $ 1,530.00 NA 103250 90004 Wam Winch wlth Remote 4 1 0 $ 900.00 NA 1103262 1 HOD#Warn Winch with Remote 0 0 $ 950,00 NA 103264 f2°*#,"Warn winch with Remote 0 O $ 1,0700 NA CAB SHIELDS Sterling Cab Shield with Mesh Window,includes Blade Pwder Coating I CABSHLD 0 , 10 $ 625.00 NA 9501= CABSHLD B Sterling Cab Shield with Mesh Window,Includes Black Pwder Coating and 0 0 .$ 650.00 NA Beacon Provision 1imt950FSD-. DUVAL FORD Page 1192 of 190 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 Sterling Cab Shield with Mesh Window,Includes Slack Pwder Coaling and CABSHLD L 0 0 $ 675.00 NA - Li htbar Provision 950FSD CABSHLD A Sterling Cab Shield,Aluminum HA951 FSDr 0 0 $ 895.00 NA BACMXK Back Rack Li ht Du Louvered Headache Rack-15018;30229 0 0 $ 555.00 NA TRACK,1 Trac One Universal Rack ATR270000° 00 $ 8115.00 NA LIGHTING: Additbnal Ilig Ing options located in lighting submission doou a1. LEDSPOT LED Pillar Mounted Spotlight-325PL-0002,189 P46SLC 0 0 $ 695100 NA GOL RE LED Permanent Mount Go-Li htl}rands Atli ht20074GT 0 0 $ 725,00 NA SBL 3RD Brake Light Safety Pulse(Pulses 3rd brake light(4)times upon application 0 0 $ 279.00 . NA of brake pedal to increase driver awareness behind you when stopping) 4 Comer Flashing System(2 Surface Mounted In Grille,2 In Tail Lights) LED PKG 1 10 ,10 $ 675,00 N . esti oolor at time of order MCRNS*,MCRNBI,VTX609* LE}PKG 2 16"Mini Whelen Led Century Light Bar-Amber light with Amber Lens-MC16PA 0 0 $ 495.00 NA LED G 16k Mini Whelen Led Century,— ht Bar-Amber fight with Clear-MCI6PCA4 '' 0 $ 550.00 NA LED PKG 4 116"Mini Whelen Century Light Bar-Amberlwhite lights with Clear Lens- 0 0 $ 550.00 NA ,MC16PF LED PKG 5 23"Mini Whelen Led Century Light Bar-Amber Ightwith Amber Letts-MC23PA 0 0 $ 695.00 NA LED PKG6 ,23"Mini Whelen Led Centura Li ht Bar-Amber li htwith Clear-MC23PCA 0 0 $ 695.00 NA 23"Mini Whelen Led Century Light Bar-Atnberlwhite lights with Clear Lens- LEDPKG7 0 01111$ 695.00 ! NA MC23PF 54"Fully Populated Whelen Justice Light Bar,6-Switch Controller&4 Corner LED PKG 8 Flashing System With Mounting Hardware(Specify color at time of order) 0 0 . $ 3,002.00 NA JV2"** PCC6W,MCRNS*,MCRNB1,VTX609* 54"Fully Populated Liberty li Light Bar,6-Saris Controller&4 Corner Flashing I LED PKG 9 (System With Mounting Hardware(Speafycolor atIme oforder)lW2****, 0 0 $ 3,022.00 NA (PCC6W MCRNS* MCRNBI VTXS09" Interior Flashing System:(2)SOLOAvengers In Headliner,(2)SOLOAvengers LED PKG 10 In Rear Deck,4 Corner Flashing System with Single Mounted Controller 0 0 $ 1,754.00 NA (Speeity color at time of order)AVC11*,MCRNS*,MCRNB1*,VTX609*, Premium Interior Full Width Flashing System Front and Rear With Directional LED PING 11 lFunctions,2-Hideaway Grille Lights,2-Flashing Tail Lights,Siren/Controller, 0 0 $ 3,440.00 NA eaker and Mourift,Brackets 54"Fully Populated Whelen Justice Light Bar,Siren/Controller,Speaker&4 LED PKG 12 Corner Flashing System With Mounting Hardware-JV2***",SA315P,MCRNS*, 0 0 $ 2,863.00 NA VTX609* 54"Fully Populated Whelen Liberty II Light Bar,Siren!Contfoller,Speaker& LED PKG 13 Comer Flashing System With Mounting Hardware-02"",SA315R MCRNS", 0 0 $' 3,350.00 N iL I; 1 •' i - T, X71 LP Low Profile HD Kng Size Aluminum Toolbox with Low Profile Lockin Lid 0 0 $ 574.00 NA UwSTM9 Low,Profils:HD IGn Size Aluminum-Cross BodV Toolbox with Win Gull ,Lias 0 0 $ 645,00 NA AUWT 8 ill)aluminum Side Mounted Toolbox 48°Lon Price per side 0 0 $ 480.00 NA AW -72 HD Aluminum Side Mounl3ed Toolbox72"Lon „Price erside 0 0 $ 466.00 NA WGG%V TB Weather Guard 114-0-01 Gull Win2,Aluminum,Full Extra Wide 0 0 $ 1,227.00 NA TCOLAND Tool and fuel:UTSTT101 100 Gal capacity with meter,electric pump and 30' 0 0 $ 2,296.00 NA FUB_ 1 hose.Diesel Fuel onIX, DUVAL FORD Page 1193 of 1 486 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 AMROLL American Roll Cover with tool box 0 O j $ 3,695.00lA SEDSLIDES SLIDE 1000 1000 LB Ca aciNt,Caroo Glide Bed Slide CG1000 804819548 0 0 $ 1,310,00 NA SLIDE 1200 12{10 LB Ca a Ca Aide Bed Slide LG1 200 804819548 07 0 3' 1,502.00 SLIDE 1500 1500 LB Capacif Caro Glide Bed Slide CG1500 804819548 0 0 $ 1,555.00- _ NA Car oEZ 1200 1200 LBCa aci ;Car ®base I3ad Slide 6; 0 $, 1,2690 ; Car oEZ 1500 1500 LB Ca aci Cargo Ease Bed Slide 0 0 $ 1,499.00 NA _ t�kEendo 15 1500#Ca a ,P ;l1do fed r E131.5151!~81590 0' O $` 2 639.4:0 NA Extendo 20 12000#Capacity Extendo Bed 0751EB2090, 0 0 $ 2,863.00 NA ANG i h Tri Fold L6cwn _Bedcover;Sof 2486192488 0 0 65,9.00 EXTANG HO Extang Tri Fold Locking Bedcover;Hard(83486183488) 00 1,230.00 NA ,LES_E2.quirp Reinforced bod br Grane Sod AC3K 3,000 Lb Auto Crane EHC3 PRX-Hardwired Control,Boom Rest,Auxiliary 0 0 $ 13,fi50.00 NA Batter Circuit Breaker and Crane Annual Inspection Decal 3 000 Lb L*rl Dore EleaCrane 3612RE:E-Hardwired Control,Boom Rest, LC3K Hu la �l3a a f; r Hl Breaker and crane Anr#ual 1600800011 800011 Decal 0 0 13rU00.{}Q NA 3,000 Lb.Stellar EC3200-FM CONTROL,Boom Rest,Auxiliary Battery,Circuit SC3K 0 0 $ 12,900.00 NA Breaker and Crane Annual Inspection Decal C#rr.�ifBrealT��r�nd cranDeWAInRr}u�ad n J1, amRestuliMOOLb VonturoEKX ry NAVL3K R 13,650,100 e�ion i)eca! , VC3K FM 3,000 Lb.Venturo Erl2KXXP-16 FM CONTROL,Boom Rest,Auxiliary Battery, 0 0 $ 15,000.00 NA Circuit Breaker and Crane Annual Ins ecdon Decal ri+#einforcxnt+an 1� neie sera body oraedr use 3000# { 4 # 2.836.00 N Ri IF�C)RGE 3k, cranes, Iris des`b a;ou," ' 0t ori, k Spec...; 1 &C p` tIT ab! i tFibe `ia`sSTo ec+ th' tidn`` iieMuldaws. (? 0 I$ 2,05(10_ 1 NA M1 1 Yakima Roof Rack with Adj,ustable Round Bars 0 0 $ 515.00 NA sT --- 0FHT 4P1 F)b FCHT OPT 2 Glass Side Windoors Fli ,out for easy access,req to Aper me 0 0 $ 415.00 NA ' Pi1i°1 OPT3 So)id d3aiad�lfiirdtiorsiraddedsen` 0 593A0 _ NA FBL Ranch legacy series fiberglass painted bed lid,dual shock,black powder 0 0 r$ 1,785.00 NA� coated hardware.sinole lock with two keys _ c 18z ift fed ad' drum r hl side" t bed ior+dos_ed bover visibili 0 0] $ 3$2.0fl NA E,LM MWE LSII Series Tonneau Cover 0 0 $ 2,050.00 NA E.VE V Series Fibel lass To er, dudes front side and rear windows. 0 0 2x325.00 NA A.R.E.DCU 23"Ta II.Includes hatch rear door with T-lock,rear tinted window, ARE-DCU 0 0 $ 3,250.00 NA full length tool box on each side,and front picture window. _ SpaceRap 8'Conapak(Tran cable Berke Body) dncludes slde doors.Body �I SK COMPAKB can bs pta�d in a11 ny 8'truck bed. ashy transferable.Wsa available for 6'truck t3 a $ 9 0,40040 i NA bid_tlAdd''Contra' b11495.Ad_d P1,: SpaceKap-8'Wild(Transferable Service Body).Includes side doors. Body can SK-WILD8 be placed in any 8'truck bed.Easily transferable.Aso available for 6'truck 0 0 $ 10,900.00 NA bed.Add Contractor Bin Pke for$2125.Add Piumber Pkq for$2,680. Spacel(ap-8'Diablo(Transferable Service Body),Body can be pieced in any SFC DIABLO8 8'hack bed.EasjIy transferable.Also available for 6'truck bed.Add Contractor 10 0 $ 10,990.00 NA �3in iQr$2,4fiiD.Acd.Plumber .. �r.$3„'300. RETRAX Retrax retractable bed cover for 6 314 foot bed.NA for 8ft bed 0 0 $ 1,550.00 NA IReI1 N Lock Roll N lock retractable bed cover G15W LG152M 10, 0 $ 1,596,00 NA r IFTGATES ,Ige uire CamLak; Dg tion TGS TP27 1300 Tommi Gate G2 641342 TP27 Steel Platform tJ 0 $ 3,200.00 NA TGATP27 1300#TommGate G2 60 X 27 Aluminum 0 0 $ 3,775.00 NA T TP3$ i 30[1 Tomm y Gate G2 601342 TP38 2 Pieoe`Sbeei Platform 0 $ 3,300.00 NA j DUVAL FORD Page 1194 of 190 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 TGA EA38 1300#Tom"te G2601342 EA38 2 Piece Aluminum 0 0 $ 3,900.00 NA TCATP27'1500 1500#Tomm Gate G2601642 TP27 Steel Platform - D O $ 3,300.00 NA TCS TP381500 1500#Tomm�Gate G2601642 TP38 2 Piece Steel 0 0 $ 3,400.00 NA TCS 71500 1,500#Tomm.'Gate G2601642 EA27 Aluminum 0 0 $ 3~925.00 NA TGA 81500 1500#Tommy Gate G2601642 EA38 Aluminum 2 Piece 0 0 $ 4,100.00 1 NA (T - 8 i.5'00 1500#Tomm,Gate G2601642 EA48 Aluminum 2 Piece 0; 0 $' 4,350.00 NA TIbS 1500 Thieman 1500#71 5E 56 X26 Steell Piece 0 0 $ 3375.00 NA This 1500 B %%man 1500#TT15ET 56 X42 Steel 2 Piece 0 0 $ 3L715.00 N; THAI 1500 Thieman 1500#71 5E 56 X26 Aluminum 1 Piece 0 C 3,650.00 NA THA 1500 B rl�man!500#TT1 SET 56 X 32 AIumingm 2 Piece0 D $ 0 0.00 _ N, THA 1500 C Thleman 1500#TT1SET 56 X44 Aluminum 2 Piece Oj 0 $ 4,425.00 NA RUE SLR Single Side Ladder Rack,Aluminum 0 0 $ 1,045.00 NA MatRack S r Cab`Materiai Rack.,Steel 0 0 I $` 1990 00 NA MatRackA Over Cab Material Rack,Aluminum 0 0 , $ 2,640.00 NA atRackSB o; ria14 ac1`Steel_ 0 $. 2 90.04 IIIA: MatRack AB Over Cab Material'Rai wkh Basket,Aluminum 10 0 $ 2.950.00 NA D EB Y 7 to 8ft8RW"S13 9acBod -mel O O $ 7552x,00 NA SBG9878WFF,., Dakota 8ft SRW"SB"Svc Bod -Steel wl Fliptop Lids 0 0 $ 8,410.00 NA SBA9878 SRW"SB"Svc Bpd -Aluminum 0' Or S 8.570.00 S 87 F Dakota 8ft SRW"SB"Svc Bod -Aluminum w/Fllpitop Lids 0 0 $ 9,470.00 NA WM878WSS4 Dakota 8ft SRW Crane Body.Supports e'1,000 to 4,000-pound capadty crane. *' 0 I $ 9,590.00 NA raised front compartment for$950(specl1'y streetside or curbside)"* O`� ' Masterlock Dakota Masterlo cki nq option for Dakota"SB"Svc Bod ° 0 0 $ 535.00 NA Elec Lock Dakota Remote Lock Electronic Remoto Lo c Njtior Dakota"SB"1 +c Bod Q.1'{}, 1$ 1846.00jt , NA' Com ,le LED Compartment Light-LED stri lighting,in each compartment o tion 0 0 $ 840.00 NA RV10E BODY 8SB 8'Kna heide 696 SRW 56"CA(Requires Option 31VShi a Throu>h 010 $ 7 600.00 NA 84 Knapheide 69$FSRW Flip Top 56"CA,37"Body He (Requires Option 8SB F 0 0 $ 8,225.00 NA 3yShi Throu h 8SB FT 8'Knapheide 696F40 SRW Flip Top 56"CA41"Body Height(Requires Option 0 0 $ 8,400.00 NA 1.31VSNRThrough Knapheide Aluminum Utility Bodies,W698 2 56"CA Includes Step Bumper, 8AB O 0 $ 10,450.001 NA` LED Tail L 'hts Interior and Exterior Paint BAB F Knapheide Aluminum Utility Bodies,A698F-2 FLIP TOP 56"CA. Includes Step 0 10 $ 11,650.00 NA Bumper,LED Tail Lights Interior and Exterior Paint BAB FT Knapheide Aluminum U4lity Bodies,A698F40-2 FLP TOP 56"CA, Includes 0110 $ , 11,760.00 NA 5 Bum,'er LED Tall L fits,Interior and F„xtedor.Paint Ksb OPT 1 Kna heide Master Locks 0 01 $ 615,0D NA Ksb OPT 2 1,Conartment Li htin 0 0 $ '550".00 NA -Ksb OPT 3 LED Tailichts 0 0 $ 425.00 NA 4 'Electric Locks0 0 $ 1,336.00 NA Ksb OPT 5 Sincle PointT Handles 0 01$ 395.00 NA Nib OPT 6 N Kna-heide Facto ` Paint 0 0 1,060.00 NA' Ksb OPT 7 Pull Out Shelves each' 0 0 $ 595.00 NA 1' o OPT 8 Pull out Tray, 0 Q 5 795.00 NA Ksb OPT 9 Stationa Shelves 0 0 $ 198.00 NA Ksb OPT 10 Spare retainer 0 0 $ 19,$00 NA Ksb OPT 11 I Rin sin Car o Area 0 0 $ 440.00 NA DUVAL FORD Page 1195 of 11*6 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 Ksb OPT 12 Paint Com artment Interior - - O i, 0 11199100 Ksb OPT 13 5 Drawer Mechanics Tool box 0 0 $ 1936.00 NA Ksb OPT 14 Tread lale Overly Com ar1mentTo s O! 00 , $ 975.00 NA Ksb OPT 15 Tread°late Overlay Car o Area 0 0 $ 975.00 NA Ksb'OPT 16 Led WorkLi his,2 0 0 $ $'25x 0 NA' Ksb OPT 17 Grab Handles t2t 0 0 $ 236 00 NA l<sb COPT 18Cable 6*2 0 10,131 2300 NA Ksb OPT 19 6"Wilton Vise _ Q 0 $ 425.00 NA OPT 20 MOW Brad et 0,711-1 $ 199 00 NA' Ksb OPT 21 Mud&Stone Guard 0 0 $ 225.00 NA OPT 22 E Track In;Car o Area Oi `Q $ 345-0 I NA Iib OPT 23 3 Tool Shovel Rack 0 Q $ 325.00 NA OPT 24' Tajl0elfBum er16" 0 0 $ 116, .001 , NA' iib OPT 25 Cone Holder 0 0 $ 196.00 RA QPT26` 0 "0": Ksb OPT 27 Nloo Cooler Mount 0 0 $ 225.00 NA Ksb OPT 28 Gk der 010 $ 110.00 , NA K13b OPT 29 00ir Pro Com ressorlGenerator''20 Cf M 5000 Watt 0 44 5$995-0 i INS Kb OPT 30 20 CFM Gas Air Compressor and Reel 0 0 $ 4_,700.00 NA OPT 31 AC VR70 Gas 0` O $ 11 0b:00I NA WI OPT 32 VMAC V70 Biel lication 0 0 $ 14.900.00 NA OPT 33 , Wekte`r��eriera#or"Com°termor;,Diesel O' O,a 18311.04' NA ft OPT 34 En ac Welder Generator Compressor,Gas 10 0 $ 14,840.00 NA "'OPT 35 filler Biabca]2501Afeloer 0` 0 $ 7 340.00 NA SMICE,13MV , AF U98A SW 11�,. adir� "Classic l!Service Sod .Jnr SRW;IRe uir'es318 Shi Tihrou h' D 0 $ + 9 291.00 NA -FAL-U98A SW 8'Reading Classic II Aluminum Service Body for SRW(Requires 31 B Ship 0 0 $ 10,328.00 NA ____ Throu hi APl98A SW 8'i~sa4irsg Classic ti Service Body with flip#op Lids for SRW(Raifuires 31 B NA SML Shi ,Throu i1 01 0 $ 10,066.00 AF AL-98A DIN 8'Reading Classic 11Aluminum Service Body with Flip top Lids for SRW 0 0 $ 11,022.00 NA SML tReuires 31 B Shi Throu h° AF SLtJ98ASW V Reading SL Service Body for SRW(Requires 31 B Ship Through) O' .0 $ 8,262.00 NA SL 21201 AF SLU98ASW 8'Reading SL Service Bodywith Flip top lids for SRW(Requires 31 B Ship 0 0 $ 9,212.00 NA SL 21201 SML .Throu:h) OPT 1 : I sadin Com ,ottmonLL AhOn 0' O $ 727,00 NA Rsb OPT 2 Master Locking System 'installed at Readin Q 0 51 497.00 NA OPT 3 Li plea Com`erlmenfs_'fZeaditu ' O 0 $ 727.00 NA Rsb OPT 4 Retractable Bed Cover-Classic II 0 0 $ 2,793.00 NA Cdt osm SERVO BOY 8'Knapheide Enclosed Utility Body KC96U1478,45"Interior Height.Includes KEB45 Master Lock,Interior Dame Light,Solid Rear Doors,(2)Rear Shelf Doors,LED 0 0 $ 11,581.00 NA Tail li hts and Step Bumper 8'Knapheide 5}dosed Utility Body KC960478,51"Interior Height. Includes KEB 51 Master Lode,Interior Rome Light,Solid Rear Doors,(2)Rear Shelf Doors,LED 0 0 i1$ 11,838.00 NA Tail lihtsand Ste Bumper 8'Knapheide Enclosed Utility Body KC96M1478,61"Interior Height. Includes KEB61 Master Lock,Interior Dome Light,Solid Rear Doors,(2)Rear Shelf Doors,LED 0 0 $ 12,094.00 NA Tail li hts and Ste' Bum er G006ENECK - DUVAL FORD Page 1196 of 19M6 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 8KGN 8'Kna heide Gooseneck Flatbed PGND(Storage Goose Ne-1-1 0 0 $ 11,029.00 NA 8KGA 8'Kna heideAluminum Goose neck Flatbed AL-PGNB768 SRW O 0 7,650,00 NA FLATBED PLATFORM 8B 8'Knaphelde Aluminum Flatbed,Model ALP1389. Includes Bulkhead with 0 0 $ 9,260.00 1 N'. Window and 40"Stake Sides KFB OPT 1 Credit Stake Sides 0 0 $ (850.00) NA ITB 2 Ratchet 8 Straps(Each _ 0 0 1 185.00 NA KFB:OPT 3 30"Aluminum Underbod Box 10 0 $ 640.00 ! NA 8'Flatbed Single Rear Wheel Acdon 11 Ga.Smooth Galvannealed steel Stan 77 AF SRW FB on Headboard and floor,Fainted tllaek,Structural Steel Cross Members on 12" 0 0 $ 6,300.00 NA Centers,40"Headboard'with Punched Window and 40"Sides(Requires 318 Shi Throu h RUGBY Rugby Rancher 8ft Platform-56"CA SRW'"Add$425 to get Gooseneck Body "*FP0806-84PB-N-N-B-N 0 0 $ 5,860.00 NA DOGBOX:Requires(31*)ship-thru option for Second stage body modiler.' 7 %Re uires 872 Camera . tion and LW8 Afiberglass one piece molded animal transportation unitwith(6)six animal compartments and(1)storage compartment with the access door in the back of the unit Featuring ourfresh air ventilation system vented to each compartment, a passthrough swing door in the front compartment,solid partitions creating 6 individual compartments,sloped floor drainage system,Ultimate Safety doors with large louvers and small catch pole door within the door,and bright white L.E.D.lighting in individual compartments.Available with air conditioning and heating,back saver hoist,catch pole holder,rear blind spot mirror,custom strobe and light bar lighting,work lights and pet step folding ramp. Animal Compartment Sizes:Measured from center of partitions PRO6WS7 Street Side; 0 0 $ 15,700.40 NA Front 36"Wide x 36"High x 39"Deep(w1 pass through door open 36"Wide x 78"Deep) Center 36"Wide x 36"High x 30"Deep Rear 38"Wide x 36"High x 30"Deep .Curb Side: Front 36"Wide x 36"High x 39"Deep(wlpassthrough door open 36"Wide x 78"Deep) Center 36"Wide x 36"High x 30"Deep Rear 38"Wide x 36"High x 30"Deep Rear Center Storage:l 8"Wide x 32"High x 74"Deep DUVAL FORD Page 1197 of 1 466 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2Aj FSA20-VEL28.0 Afiberglass one piece molded animal transportation unitwith(8)eightanimal cvmparbments and(1)storage compart mentwith the access door in the back of the unit Featuring our fresh air ventilation system vented to each compartment, a passthrough swing doorin the front compartment,solid partitions treating 8 individual compartments,sloped loor drainage system,Ultimate Safety doors with large louvers and small catch pole doorwlthin the door,and bright whine 1.ED,sighting in individual compartments.Available with air conditioning and ' heating,back saver hoist catch pole holder,rear blind soot mirror,custom strobe and light bar fighting,work light$and pet step folding ramp Animal Compartment Sizes:Measured from center of partitions Street Side: PRO8WS9 'Front30"Wide x 36"High x 39"Deep(wl passthrough door open 30"Widex 0'��0 $ 16,800,00 NA 7$"«Deep) Ce, ter i4"Wide x36"!High x 30"Deep C$n ter24'Wide x 36"liign x 30"beep near 32""Wide x 36"High x 30"Deep Ourb fide Front 30"Wide x 36',High x39"Beep{wl pass through door open 30"Wide'x 78!Deep) n' r24'Wide x-*Nigh x 30"Beep ide x 36"high x 30"0 "x'' 32"W�V6x. 6� Itgfii3Q„�Iap i l�rrer Ced�r``Storage�18”�ifade x�2"Ftth x�° , °e p � 31 Through To Custom Fiberglass Coaches 53Y600 0 0 $ 625.00 NA I�gh aperz#yAV1*1twithTvn6"I=anGondensor'andAuxitliaryDe,icated DB OPT 1 Campressor. For pogxtion. AC yensded,28i(BTLf AN>D Temp 0 0" $ 3,626.00 H Monifb t In the Cat) DB OPT 2 AC Unit Up To 28 BTU AND Temp Monitor,Runs Off Factory Compressor.Req. 0 0 $ 3,850.00 NA Do tion 0 3 ' oft' s'Farusevvi Da ,Box < on FrontP�assen erode _ ; 6ubu0dNA DB,0N1µ4 Heavy Du E Sa fie Door-Stainless Steel!Set of 6# 0. 0 $ 1,700.00 NA D 5 Haa' 'Du' Sate, l}oar� afialees teei``8e#crf)i 0 0,:= $' 2,100, 1 NA DB,OPT 6 Two Slide out tra Vs in rear compartment 0 0 $ 610.00 NA D L 3`x 5"Soiface,Mount ,r3'Stroba-rear 0 0, ; `' 3#36 00 NA ' D8 OPT 8 LED 2"x 5"Surface Mount-Amber or White-side or rear _ 0 01 $ 365.00 NA RZ 9 L" 1"x' "lioi 8 ?roc'e.babe-, rfar.e` itAmber-ode or rear 0,' 0; 36bt)0 D8 OF 10 LED 1"x 4"Mini 4 Diode Strobe-Amber or,White-surface or -.rill mount 0 0 $ 365.00 NA t 9 raffic Advice+{ EI7'wilh 8 fiber t i h ee"ds alt fid" i' i n't ft �ir# b 0 {1 95�i9(1 KA DB OPT 12 BackSaver Hoist with Large Cage front passenger compartment 0 0 $ 3,995.00 NA 13 ar` d b#. lrr'ot. DB OPT 14 Roll i Tray,in Rear Storage Compartment 0 0 $ 495.00 NA Outof Zone purchase and Delivery. Does not include unique shipping OZN circumstances when final product d ema nd s shipping outside the state of 0 0 $ 446.00 NA Florida.Note:Emmissions codes for specific re, ion. 'Tag and Titre processing an4 handling fee. Tags are processed atihe it cal Itag office and physically picked up for clients affixed to vehicle prior to TTO 0 0 $ 48.00 NA deliver.Cost includes electronic administrative fee, manual processing courier, (and Fedexrelatad a ense. _ TMP 130 Day Florida Tem oras 12.Re uires TTO Ta !Title ation 0 0-11 1.001 NA DUVAL FORD 17 Page 1198 of 1906 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 T Transfer Tag Charge:(Florida only) Please send scan of agency registration 0 0 $ 90.00 NA with fa ID dearll indicated.Re vires T O Ta rde tion includes 0171 TAG New Tag Charge(Florida only)Requires(TTO)Tag[Titie option.Specify City, Stale,or Sheri Ta ,Includes(TMP) 0 0 $ 125 00 NA Imm DPU B575 Diesel Extended Service Plan Base Care,Zero Deductible.Five Year,75000 Mile Call Dealerfar Ian specifics s o tional Terms.Price Guide 1012019 0 0 $ 2,065.00 $ 2,065.00 DPU 8510 Diesel Extended Service',Plan mase Caret"Dedudibie.Fve Year,100000 0 $ 2 785,00 '$ 218500 Mile. Call Dealer for"Plan s e ifics and optional Terms.Price.Guide 108019 ' DPU E575 Diesel Extended Service Plan Extra Care,Zero Deductible.Five Year,75000 Mile. Call Dealer for plan specifics and optional Terms.Price Guide 1012019 0 0 $ 2,330-00 $ 2,330.00 Diesel Extended SeIrvice;Plan'Extra Care Zero Deductible'.Five Year,100000 DPU E510 LO 0 $ 3,295.00 1'$ 3,295.00 Mile. Cal!Dealer i+or_ lan. etches and o tional Terms.Pry Guide 1012019 Diesel Extended Service Plan Premium Care,Zero Deductible.Five Year, DPU P575 75000 Mile. Call Dealer for plan specifics and optional Terms.Price Guide 0 0 $ 3,145.00 $ 3,145.00 1012019 Diesel ExtendedService Plan Premium Care,Zero DedUjAble.Five Fear, ; DPU P510 100000 Mile, Call Dealer fur plan specifics and optional Terms,Price Guide 0 0 $ 3,805.00 $ 3,805 00 1012019 Extended Service Plan Base Care,Zero Deductible.Five Year,75000 Mile. GPU 8575 ,Call Dealer for plan specifics and optional Terms.Price Guide 1012019 0 0 $ 1,955.00 $ 1,955.00 GPO B510 Extended Service Plan'gasCaron Zer�i Oed6d'le.Five Yozir,100600 Mite. Ca11 Aea(er for fan efics.and'o 'oha Terms:Pt1ce G00,1012019,,- 0 2,615.00 $ 2,&15110 GPU E575 Extended Service Plan Extra Care,Zero Deductible.Five Year,75000 Mile. Call Dealer for plan specifics and optional Terms.Price Guide 1012019 0 0 $ 2,200.00 $ 2,200.00 GPU E510 Extended Service Pian Extra Care,Zero Dedudlble.Five Year,100000 Mile. CaN Dealerfior Dian gppcifics and o tional Terms.Price Guld6,101209 ( 0 $ 3,0850 $ 3,08540 GPU P575 Extended Service Pian Premium Care,Zero Deductible.Five Year,75000 Mile. 0 0 $ 2,960.00 $ 2,960.00 Call Dealer for Ian specifics and optional Terms.Price Guide 1012019 GPU P510xisnded Service Pian Premium Carer hero Deducible.l=ive Year,100000 l, 0, $ 3,695.0 $ 3,695.00 IMi o ACall Dealerf+or Ian,wedfica ana q'tional T$rms.F ,Guide,1012019 Base Care Ford Protect Extended service plan for Incomplete chassis. Five Gas Base 575 Year,75000 Miles,3000 Hour Zero deductible. Pricing per Ford Protect 0 0 $ 2,900.00 $ 2,900.00 Florida Retail 1012019 Base Care Ford Protect Extended'serAce plan for Incomplete thassis. Fivej� (� Gas Base 5'100 Year,100,000 Miles,4000 Hour Zero deducible. Pricing per Ford Protech 0 10 $ 3,425.00 $ 3,425.00 FWjda Retail 1012019 j ExtraCare Ford Protect Extended service plan for Incomplete chassis. Five Gas Extra 575 Year,75000 Miles,3000 Hour Zero deductible. Pricing per Ford Protect 0 0 $ 3,145.00 $ 3,145.00 Florida Retail 1012019 ExtraCare Ford Protect Extended service plan for Incomplete chassis. Five Gas Extra 5.100 Year,100,000 Miles,4000 Hour Zero deductible. Pricing per Ford Protect 0 0 $ 3,855.00 $ 3,85500 Florida Retail 1012019 Gas Premium PremiumCare Ford Protect Extended service plan for Incomplete chassis. Five 575 Year,75000 Miles,3000 Hour Zero deductible. Pricing per Ford Protect 0 0 $ 3,615.00 $ 3,615.00 Florida Retail 1012019 Gas Premium PremiumCare Ford Protect Extended service plan for Incomplete chassis. Five - 5.1000 r,100,000 Miles,4000 HourZero deductible. Pricing per Ford Protect 0 0 $ 4,435.00 $ 4,435.00 Florida Retail 1012019 SEL Base Base Care Ford Protect Extended service plan for Incomplete chassis. Five DIESEL 75000 Miles,3000 Hour Zero deductible. Pricing per Ford Protect 0 0 $ 3,125.00 $ 3,125.00 575 Florida Retail 1012019 DUVAL FORD Page 1199 of 1A SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 -7Bare Ford Protect Extended service plan for Incomplete chassis. Five DIESEL Base 00,000 Miles,4000 HourZero deductible. Pricing per Ford Protect 0' 0 $; 4,150.00 $ 4,15000 5.1Q0 Retail 1009 SEL Extra ExtraCare Ford Protect Extended service plan for Incomplete chassis. Five DIESEL 75000 Miles,3000 Hour Zero deductible. Pricing per Ford Protect 0 0 $ 3,410.00 $ 3,410.00 575 Florida Retail 1012019 D SEL Extra ExtraCare Ford Protect Extended service plan for Incomplete chassis. Five 5.100 iY4ar,100,000 Miles,4000 Hour Zero deducible. Pricing per Ford Protect0 0 $ 4,725.00 $ 4,725.00 Florida Retail 10 019 DIESEL PremiumCare Ford Protect Extended service plan for Incomplete chassis. Five Premium 575 Year,75000 Miles,3000 Hour Zero deductible. Pricing per Ford Protect 0 0 $ 31940.00 $ 3,940.00 Florida Retail 1012019 =PC Prem€umCare Ford Protea Extended service plan for Incompleis chassis, Five 5.100 Year,11000,009 Miles,4000 Hour Zero dedut�ble. Pricing per Ford Protect 0 0 �$ 5.520.00 �$ 5,520.00 Flonda Retail 1012019 DUVAL FORD Page 1200 of 1V06 611712021 The Florida Sheriffs Association (https://www.facebook.com/floridasheriffsassociation/) V (https://twitter.com/FLSheriffs) FLORIDA SHERIFFS 1-1.11 ASSOCIATION (https://www.fisheriffs.orgn Become a Member (https.//membership.flsheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today(https://membership.flsherifs.org/Membership-LP.htmi) Renew Membership (https://membership.fisheriffs.org/Membership-LP.html#Choose) PURCHASINO x Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FS 20-VEH 18.0 HEAVY TRUCKS Contract Term: October 1, 2020-- September 30, 2022 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible* agencies. While most agencies purchasing from our contracts are within the state of Florida, eligible* agencies from other states have used the contracts if their governing purchases ordinance allows. https;//www.flsheriffs.orgilaw-enforcement-programs/purchasing/%a2Ovehl8ht Page 1201 of"06 6/17/2021 The Florida Sheriffs Association For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 64,000 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. Purchaser Ordering Process Tutorial i 0:00/ 5:40 https://www,flsheriffs.org/law-enforcement-programsipurchasing/fsa2Ovehl8ht Page 1202 of2j7906 CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH -- ----- Duval Fleet Sales '.BILL DARTY Laura Torben %7u&i" ' (Work)904-388-2144 „ L:$ Lia; (Fax)904 987-6896 (Coll)904-568.6027 Bill i 10 appsaf ftyawrAAmmtandtheapparawIllib4++illPNali pwrLO71A4&AlAWOM7VAI QNrV5Nl0W00NTRAC7F%4216M2&0 Alimill Equomentarad nzilill m4ao-mriaa ffym"jr quarraw nwwd*v#*nuaftpAm"oar Nbill rrelrrabmffbamdWvd**a& ofm 9U A*v*pm*'W np&ffv1mmvrd r 8/i)npAapandhfmatai+pA�sbulslfbnlrarorwqrwiadalr�pwalcypralo/rr�searaRer: 2232" .SII + + XLTRIM - + 0,2L V8 GAS ENGINE $ + 10 SPEED AUTOMATIC TRANSMISSION + "CAB TO AXLE,169"WHEEL BASE 1,415.00 3,73 LIMITED SLIP DIFFERENTIAL 8 349.00 + POWER WINDOWS!DOOR LOCKS � 564.00 1 rwd,License Bracket + 1 mm EXTERIOR: OXFORD WHITE I) + I%.S INTERIOR: GRAY VINYL 40/20140 + VINYL FLOOR ISL 14000AGVWRPACKAGE a 3K PAT$ PATS KEY 22 X70 SPARE TIRE AND WHEEL a + ELECTRIC BRAKE CONTROLLER 249.&k 334 TRAILER TOWING PACKAGEWITH 7 WAY WIRING AND 2"FIXED PINTLE BALL COMBO 1' C .F14 INCL MANUAL TRAILER TOW MIRRORS BACK UP ALARM 139.00 + 87 BACKUP CAMERA 414.00 19. 106 RUNNING BOARDS S 300 2 4 DAYTIME RUNNING LIGHTS 44.00 G CITY TAG AND TITLE 125.00 - � N + TT�a- — .-�TAG HANDLING FEE 48.00 + LED PKG 9 WHELEN 54"LIBERTY 11 LIGHTBAR,WITH TRAFFIC ADVISOR-(AANIANU)AMBER!WHITE SPLIT 3,022.00 in, 6 SWITCH CONTROLLER 3 ®� MC RNS (2)MICRON HIDEAWAYS FOR GRILLE-WHITE -- + VEIq (2)VERTEX FOR TAIL LIGHT HOUSING-WHITE C F15-SA KIT TROY LAPTOP MOUNT WITH UNIVERSAL LOCKING TRAY 717.50 + TH�iIdQ 1000 WATT THOR INVERTER,MOUNT ON HUMP INCLUDE OW OFF SWITCH ON DASH 642.00_ K4=Fli 2 12'KNAPHEIDE CONTRACTORS DUMP BODY.14"SIDES,ELECTRIC HOIST,BULKHEAD&GROUND CONTROL TARP WITH ARMS $� 12,647.00 31 _SHIP THROUGH TO BODY MANUFACTURER,INCLUDE CERTIFIED SECOND STAGE MSO : 625.00 + C LOC INSTALL FACTORY BACK UP CAMERA 285.00 '...+ INCL_.. TELEMATK)MODUM - - VENDOR CO�MI<9T - gill 11 1111�01 • • In I i I i milmili i lijil; • I I i + F36 BOYNTON BEACH LT.xlsx Page 1203 of 1906 f L y N u) Sn N (n W U7 V7 U7 U1 U] U3 c c c c c c j c c c t= c c O O O O O O O ; O O O O 0 0 M 0- CL CL 0- C2. Q 0- Q Q Q Q Q 0 000 , 000 000 000 I U n D D Z D m comm mmm � mmm comm I i L. b O b ; C) C C) 0 0 O f 0 0 0 ®g O Ca 0 ( C7 Ca O 0 0 C> ! C7 C) O CL j o 0 o g ci r5 0 0 0 0 l o o a 4 7( f{ � Y 0 C)y 0��ry Oy /Oy p CD � O p 0 G � O 0 ,0�q I ® q V q q L ® q ® ® O V w O M m d M m a M p m O m 0) C) Gq j 00 C] 00 w O w 6 w 0 w QS ! V-i OO N CY OO N P`• OO N P`- Oc N I N N M F N M r N M r N M L N N NN N N N N N s N N N CL V-, tr� ts- tods 64 0 4u% 69- 4.0 N ; X I ry t � � a U i I ® U ® a U ❑ 5 U ❑ ' a U ❑ of a ® -0 00 0 0 a 0 U iLL 'E u- L a LL LL LL LLLL O 0 ❑ o o ❑ i O o 0 0 ❑ ® ¢�¢ (D w w d r LL > E E > E > h YESL ❑ m L7 min a. ❑ m ❑ m co (D U U) o m (D a> a� a� Wa) to (DVJ XL L m L L cu L L j U O OC 0- Q Q d Q Q CL Q Q Q Q Q ❑ m Q z H LL0 N U U— L L L Q M a o Q) a a) o Page 1204 of 1906 Z -7 V, rn SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 so • f F3G Rel Cab 4X2-Cab to Axle 60" B 145"I 0 1 0 0 CA1 `ulat ab„�?�=' , 0 $ " 14 5.W $ 015.00 F3E Regular Cab 42 Single Rear Wheel 60ca(WB 145" 1 0 1 0 S f,300;00 $ 301 0001 �„ ,. r4i S; rS I 996144E Speed 14R140 wilh Neutral idle AUmatia�nnth Sele`cble Drive S Modes:Normal.toIIlli ul� a Dee tSanf'Anow&Sli er 7.3L V8 GaslforgShift®Ten-Speed 1 OR140 with Neutral Idle 99N/44G Automatic with Selectable Drive Modes:Normal,Tow/Haul,Eco, 0 0 0 0 $ 1,704.00 $ 1,705.00 Deep Sand/Snow&Sli pper'V ith F350 6.7L 411a1 OHVPoweS'tioeOV8urba[3lesel810 +iih manual p9sh-b9t1orl ngine E�dgaustBraiangli©rgSfaii erg- eek 99T144G 10R14p + tdeutral Je� itarrtat with ia6t4ble'OhveModes: 0 0 0 0 10;249.0 $ 10,25000 Normal,To rft4jEco,deepSanolSnow&Slippery w/Transmjssidnl Take-III011 Provision Transmission Power Take-Off (req.Ten-Speed Transmission and PTO (62R)Pto provission;includes Transmission mounted live drive 10 0 0 0 $ 2,925.00 $ 3,000.00 and stationary mode PTO,for use with hyraulic options excluding elermicover l draiuGice ® ®Wl"" . •. an 17"Argent Painted Steel Wheel wlPainted Hub Covers/Center 64A Ornaments(req.6.2L Gas(996)or 6.711.Diesel(99T)and Payload 0 — 0 — NC NC Downgrade Package(68D) NAwl7.3L Gas(99N) 64K 17°Anent Pau� ,d ihtub Ooererir Oarrs�r� nbt 'S lndgded)r � '� Forged Polished 64J 17”Far g d Aluminum wlBright Hub Covers/Center — 0 — 0 $ 599.00 $ 600.00 Ornaments_L4 aluminum outer and 2 steel inner) 6 F 1$"Ar en#Painted,Slsl Wli�ted Hub Cove'rlCenter Omaments S - �- 648 18"Sparlde Silver Painted Cast Aluminum wlBright Hub S ( — . Covers/Center Ornaments L7�245i15Rxt7 BSW;AIS P(.l1(F-350,SRW req. Gas(996) ' TDS S 0 S $ 169.00 1 $ 170.00 antl Pa" d Down"rade,t�ata"e.fi8D LT245U5Rxl7E BSW AT(F-350 SRW req.6.2L Gas(996)and TBM Payload Downgra de Packa a °68D` 0 0 0 0 $ 164.00 . $ 165.00 TBL LT245R5Rxl7EOWL A1t €]RWinnerrear': -- 0 $ 249.00 I $ 250" LT265170Rxl7E OWL AIT(F-350 SRW req.6,21-Gas(996) TCD 0 — 0 — $ 454.04 ! $ 455.00 Pa oad Down rade Packa a(681) TC LT2751B5Rx18E BSW AlS S -- S 512 - Spare Tire,Wheel and Jack(Excludes carrier;includes Hydraulic 0 0 0 0 $ 349.00 $ 350.00 Jack(61J);required in RI" Jack(Two-tOn Mechanical-F-350 SRW l Four ton Hydraulic F- 611 0 0 O 0 $ 54,00 $ 5500 �ry� y y p, ,. . lfJi Y, � '4i4FMd' 19..," iF, o-, a „� i , t«.,`:{ ,, 7" DUVALFORD Page 1205 of 190 SPEC 3 CHASSIS F-3S0 Regular Cab [F3G] FSA20-VEH18 XL VALUE PACKAGE(96V)Availability.�) •Optional on XL Includes: 96V *Wight chrome hub covers and center ornaments(F-350 SRIiY 0 0 — -- $ 394.00 $ 395.00 only) *Chrome tent bumper +Cruise Control(steering wheel-mounted) POWER EQUIPMENT GROUP(90L)Availability: *Optional on XL *Standard on XLT and Lariat Includes: *Accessory Delay .Advanced Security Pack(Incl.SecuriLock®Passive Anti-Theft System(PATS)and Inclination I Intrusion Sensors) *Manual Telescoping,Folding Trailer Tow Mirrors with Heated Glass(XL Only) •Manual Telescoping,Folding Trailer Tow Mirrors with Power/Heated Glass,Heated Convex Spotter Mirror,Integrated 90L Clearance LampslTurn Signals(54K)(XLT Only)•MyKey®owner 0 0 S S $ 864.00 $ 865.00 controls featu re •Power 1 st row(front-seat)windows wlone-touch up/down .Power 2nd row(rear-seat)windows(Super/Crew Cab).Power locks•Power-folding with Autofald,PowerScope®Telescoping, Power Glass Trailer Tow Mirrors with Heat,Turn Signal,High- Intensity LED Security Approach Lamps,Utility Lighting System (LED Side-mirror Spotlights)(54F)(Lariatonly)*Remote keyless entry•SecuriLock®Passive Anti-Theft System(PATS)(XLT and Lariat Only)•Upgradeddoor-trim panel XL Deletes: *Passenger side lock cylinder i XLTVALUEPAC KAG (1711), ,vailabifty +0' oral on)(LT •Rear Under$Dm Sbrage(NAwI Regular Cab) ` 17V .Aabk�clSlAuloUnloc .� ' ' 1,339.00 $ 1,340.00 �i��reri3river'sSeat�eigh��ray) �) •SewriiCodelvke essen ke pAdAdverssige �I DUVAL FORD Page 1206 of 191)6 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 Heavy-Service Front Suspension Package(NAwIF-600) Availability: •0ptional on all Chassis Cabs Usage: •Recommended only on vehicles which will permanently utilize aftermarket equipment such as heavy-duty winches,brush guards or other apparatus which loads the front axle to the specified Gross Axle Weight Rating(GAWR). Not available with: 67H •Ambulance Prep Packages(47A147L),Fir elRescue Prep 0 0 0 $ i 24.Q0 125.00 $ Package w1EPA Special Emissions–For Diesel Engine(47J),Snow Plow Prep Package(473)or Extra Heavy-Service Suspension Package(67X) •F-600A Includes: *Heavy-service frontsprings.(Pre-selected.See Order Guide Supplemental Reference for springstFGAWR of specific vehicle configurations.) EXTRAHEA11�'-�VICiIaIJS1�$IONPACKAGE(67 Availability iQpt6na,ion all ChaW$- abs 11, ge � neaaonlyopvenfis++ l '' IIaA+eangrh 4 fis3 }CRs, i irS s ti�3 i SSZdi' t( aetmarkef�aqulprne'nt asafpfp"'"0,dtbrush�uaras' Oro apparatus which toads ihe,frnntaxle�the gc�aa` � Axle`Wei;ghtRa4ng( #WR). �rvt;vailabf with: +Anabalance Prop Packages(47.0!47#.) Fire ,,e o P'sp �Pa gew PA,,pedat� isms or ►tesei gm 4T,�� ow� 7 Q G`� O 124.00 125,00 I. PtowfieP,Pae(473 or-tea livioelfQrttSuspens�on �aiage{67H} h�Guoes: ' + rah6avy-serAoe frorttsprings(F�0,4ilected.See'�Drder C�ui�e Supplemental Reference for springslFG�WR of speafic vehicle' oon gurations.) I' NOTA 1ayresuftin a gnorationofide gtity. N ?TE3VehcletidehQghtwill increase i#re`aditiobofthis i package Payload Downgrade Package(see extended description for details)(avail.on F-350 SRW and req.Center High-Mounted Stop 68D Lamp(CHMSL)(59H)and 26.5 mid ship fuel tank(65M);avail.On 0 — 0 — NC NC F450 8 F-550;NAw17.3L(99N)or 6.71-(99T)engines on F-350 SRWI C�f� ase pane Gaseous Engine Prep Package(avail.on F-360 98F 0 O O 4 'b 314,00 315.00 epni a 41H 'En ne Block Heater — 0 0 0 O__$ 99.00 $__-- 100.00 Transmission Power Take-Off Provision(all engines include ' i 62R Mobile and Stationary PTO modes;6:21-req.4.30 final drive ratio; 0 ; 0 0 it 0 $ 279.00 $ 280.00 slid on 633 Power S rokelD Diesel enine;std MI-60A 86A Pro, rammable Engine Idle Shutdown–5 minute 0 0 0 0 $ 249.00 $ 250.00 66S o rammabie En ine Idle Shu#dawn-10 minute 0 0 0 0 $ 249.00 .3 250DO DUVA1- FORD Page 1207 of 1906 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 86C Programmable Engine Idle Shutdown-15 minute 0 0 0 0 $ 249.99 $ 250.00 86D Pro mmable Engine Idle Shutdown-20 minute 0 0 0 0 $ 249,00 1 S 250.00 98R Operator Commanded Regeneration (req.6.7L Power Stroke® 0 0 0 0 $ 249.00 $ 250.00 Diesel en ine; Dual Battery(Dua178 AH;req.6.2L.Gas or 7.3L Gas engine;std on 86 M In w11 I OV1400W Ouftet(43C)and 7.3L Gas engine;sid on AT 0 ' 0 0 0 ( $ 209.00 $ 210.00 sand Lariat will 7.3L Gas engine) 18A j U fitter Interface Module 0 0 0 0 $ 294.0.0 $ 295.00 I i 397 Amp Altemal3ors(req.6.7L Power Stroke&Diesel engine; required with Rapid-Heat Supplemental Cab Heater(41A), 678 Ambulance(47A147L)or Fire Truck(47.i1471Q;req.7.31.Gas reqs. ,I 0 °0 0 0 ' $ 114.00 $ 115.00 Dual Battery(86M)-std on Lariat,required with 11 OV90OW Outlet (43C)or Snowplow(473)on XL&A T,NA 6.2L or 6,8L) , 240 Amp Alternator(Opt.XLIXLT w16.2L engine;required with 67E 11 OV/40OW Outlet(43C)and Snow Plow Pkg.(473)when the 6.2L 0 0 0 0 $ 84.00 $ 85.00 is ordered:NAw167Aor 6.7L 26.5 Gallon Mid Ship(NAw1193'WO Regular Cabs&203.e WB 65M Crew Cabs equipped rv/ gas engines;included with M60. tW 0 0 0 0 $ 124.00 $ 125.00 w goad i 0 rade ft,_ 81 -,removes 40 .. fuel tank 65C Dual Diesel-combines 40 gallon aft-of-axle&26.5 gallon mid 0 0 $ 624.00 $ 625.00 l i land req .DRW)DUAL-40-8.26;.5 - - a Iola Manual Telescoping,Folding Trailer Tow Mirrors with ( P- P- 546 PowedHeated Glass,Heated Convex Spotter Mirror 90L 90L Manual Telesooping,Folding Tralter 71w Mirrors wig Ppwer[Heat$d Glass,Heated Convex,Spo#ter.M br,9d*graje 54 i ��Iearance Lamps(furn nals,rs .(ltilrty Ltglati 0 0 S S and1Pbwer qui iment , 4DL� n �) Manual Telescoping,Folding Trailer Tow Mirrors with - - Power/Heated Glass,Heated Convex Spotter Mirror,Integrated 54L Clearance LampslTurn Signals,102"Width;DRW only;req.Power - 0 - 0 $ 644.00 $ 645.00 Equipment Group(90L)on XL;NAw16.2L gas engine(996)or F- 350 4x2;UtilityLighting System(63A)is std on XL and AT) i Power->giding with Au16fo[d,PoweiS*4 Te'escpin g,lower 5F GlassTra`ilerTtiwN3irrorsxia Head Tura nal,( 9h- tensity 0 , ,0 $ 279.44 $ 280.00 L6 Sec iproach 1-amps,ll#iiityl.sghting System;{i. ,ode= mirror 63A Utility Lighting System(LED Side-mirror Spotlights)(req.Manual 0 0 0 0 $ 159.00 $ 160.00 Teiesco)in, 54Q std on AT when ordering 54F C�41PL T#�Ati.ER TOWING PIQ Recommend(535)High CapacdyTT'on 4501550 and;(52B)Trailer brake contotier), San alt 534 Chassis mdudes trader Wiring to end ofkarN and bed c enter wMth 0 0 0 Q $ 1,645.00 $ 1,646.00 appropriatebody option,6 or Tway pig,Recenrer Flitch class IW with so#id_bill,moun Z5/16'W wiffii :in and cls . Lincludes iler Brake Controller(TBC)(Verified to be compatible with ctronic actuated drum brakes only.NAw1531 Trailer Tow Pkg.; 0 0 S S $ 269.00 $ 270.00 JSm,a,{rtTraller Tow Connectors . mfid gni{ 33t, �,,,.1, r DUVAL FORD Page 1208 of 1966 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 188 Platform Runnin Boards 01 0 0 0 $ 319,00 ' $ 320.00 Audible Lane Departure Warning(reqs.Pre-Collision Assistwith 60C Automatic Emergency Braking(AEB)and Forward Collision 0 O 0 0 $ 114.00 $ 115.00 Warningi Pre-Collision Assist with Automatic Emergency Braking(AEB), 94P ' 0 0 0 Q I $ 114.U0 $ 115.00 I AulomaticHi h Beam and Forward Collision Warning, Center High-Mounted Stop Lamp(CHMSL)(opt.for vehicles with 59H GVWR over 10,000 lbs.;required with Payload Downgrade 0 0 0 0 NC NC Packa, a(68D)for vehicles with GVWR 10,000 lbs.or less) Rear View Camera and Prep Kit(includes loose camera,wiring � 872 0 0 0 0 $ 414.00 $ 415.00 bundle ;ro aired oh 10 40[t GVVV'R'at�d ut#er 595 FOG Lam s re XL Dacor17F`I on XL 0 0 0 0 $ 129.00 $ 130.00 _ _ -- _ _ 153 Fron#Uic ;se Plage l adk6ftts:See Tmissions°section for 4 O' 0 0 NP additional infoftd inn Defrost with Fixed and Privacy Glass(Privacy Glass is standard on 43B XLT;XL req.Privacy Glass(924)and XL Power Equipment Group 0 0 0 0 $ 59.00 $ 60.00 i90L 16T fir Mats Ail=Wea)her(Dealer k�slled T► olace; 0 0 4 0 $ 164.00 $ , 165.00 166 Carpet Delete XLT&Lariat replaced wlblackfloorin S S 0 0 NC NC 62M war-Ad°0 ble Pedals —' 0 0 $ 119.00 $ 120D0 41A Rapid-Heat Supplemental Cab Heater(Optional in all states with O 0 0 0 $ 249.00 $ 250.00 6.7L Power Stroke®Diesel engine 11OV140011 tlet,lr+ .'40�4Dseats,there fs one iralasla m+dun !Qu ` outlatiri the�;rrs ire req:4 nsoie 0 seal; 43C ret):332 Amp, natar f6lA)when 6 71L Fewer Sirt1keo heseI 0 0 .S S $ 174.00 $ 175.00 On-gine i5 brd'ered and 240 + trema r(67 wk on fr'0 ca 2 Valve ` Engine+s orcfere`d orad this 397 Amp Aktesnars(fi7$) whoa 7.3Ls tN eeI1,1,0� 76S Rer pow art S WM I(eq.900 we ui ment 0 0 C 0 S 249M0 S 250.00 WIN 1111;1! SYNC®3-Enhanced Voice Recogn�6on Communicabon and Entertainment System -8"LCD Capacitive Touchscreen in Center Stack with Swipe Capability -Pinch-to-Zoom capability included with available Voice-Activated ,Touchscreen Navigation System -AppLink® 913 -911 Assist® — — S S -Apple CarPlayTm and Android AutoTm -Smart-Charging USB-C Ports-two(2) Note:SYNC@Applink®lets you control some of your favorite compatible mobile apps with your voice.It is compatible with select smartphone platforms.Commands may vary by phone and AppLink@ software Sidus)WRadio (Indudesa B-month prepaid subscription.Service is notavailable in Alas 39S � 'O 0 S i S $ 184.40 , $ ; 165.00 ka and Hawaii.);adds one(1)IAS'mounted center speaker ora or --------------- Voice-activated Navigation with HD and SiriusXM Radio2 Traffic 21 N and Travel Link® — 0 0 $ 569.00 $ 570.00 (SiriusXM Traffic and Travel Link®includes a 5-year prepaid I subscription DUVAL FORD Page 1209 of 190 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 1 Cloth,40/20/40 Split Bench wlcenter armrest,cupholder and 0 0 — $ 99.00 $ 100.00 manual lumbar(driver's side only) L VJn p 40M}in Console140 manualJumbar drivers side oml 0 0 — - $ 354.00 $ 355.00 4 Cloth,40/Mini Console/40 0 0 — — : $ 514.00 $ 515.00 BULWCE', PAS(47A)Availability: *Optional on XL and XLT(Fleet Only) Incomplete vehicle vehicle package-req.further manufacture and certification by a final nage manu#acturer *ford vehicle's are suitable for producing ambulances only if equipped wAlhe Ford Ambulance)Prep Package. ,Using a Ford vehicle without the Ford Ambulance Package to produce an ambulance voids the Ford warranty Notavaclaale with-, � *Snow Plow Prep" cke0(473),,Trail4,r Towfad gs(53,1)1 Trailer,TowPaciageR40 CapaatyJ535),�ea�r-Seas conk Suspension ac age 67H),Extra 9 tsavy`rm-ce Suspension Padtago(67 ,Ambulance Prep Package w1ra eclat 5iisskans 0O 0 ' 0 O l$ t204.60 $ ! 1,205A0 7A ) 471)or ons-For ! Diehl Engine(473) Requtres *VL Pourer oksODiesel engine(997)NOTEr$htionary l t 86 d ldte Control(SFJC)taas(leen integrated in, 0,engine " oontro mmdule. *7.3L Gasengine(ON) includes: *397 Amp Ahernair,(676):7000 Ibs;Max Front springslWR rating forconfiguratirin selecteld,OperatorCommarttied Regene'alien(OCR)-6.7t-Powii S okeg t)iesit engine{99T) on,i X410 t:tmr d sly "gide track"axte cur ed+ '-350 DRW~ 41L Arnbulanm Prep Paaage wIEFA Soo I E-Me-rgeqcy`chide 0 0 0 0 $ 1,204.00- $ 1,205.00 Emissions-req.6.7 Power Stroke®Diesel En gine 99T FRfRESCUE PREP PACKAGE WIEPA SPECli1L.,. ISSIONS-FOR DICSEL tNUNE(473) *Optional on XL and ALT(Fleet Only) i Not available with; *mow til",Vu Prep Pecicage(473),Heald-Service Front Suspension rvice 'spenslon Pic ki4e(67)Q or Ambulance Prep Packages(47A147L) 473 Requires: 0 0 0 0 $ 1,204.00 $ 1,205.00 *6.7L Power Stroke@ Diesel engine(99T)Includes, •397 Amp Allerrikor'(67B) *7000 lbs.Max FrontSongs/GAWR rating for configuration �selected *Operator Commanded Regeneration(OCR)NOTE 1:Stetionary Elevated Idly Control(SOC)has been integrated into the engine control module. 525 Cruise Control tsteerin wheel-mounted' 0 0 — — $ 234.00 $ 235.00 Daytime Running lamps(DRQ(the non-controllable 942 Daytime 942 Running Lamps(DRL)replace the standard Daytime Running 0 0 0 0 $ 44.00 $ 45.00 Lams DRL' On/OfEClus6arControllable DUVAL FORD Page 1210 of 196 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 -- 926 Speed Limitation,-65-m.h governed tor,speed 0 0 0 0 $ 79.00 $ 80.00 927 ' eed Limitation-75-mph overned to eed 0 0 0 0 $ 79400 $ 60;.00 18L T MS Delete `a� pbonal on F-350 SRW over 10.000 lbs.GVWR� 0 - 0 - NC NC -- 63G Bri ht Grille re s.XL Decor Gtou 17F 0 0 S S NC NC XL DtCOR GROUP(17F)Availability: •optional on XL(Fleet Only) 17F i*Chrome front bumper Options 0 0 - - $ 219.00 $ 220.00 •Bright chrome hub covers and center ornaments(F-350 SRW 87H Hood Deffecor-Black Molded 0 0 0 0 $ 129.00 $ 130.00 ' 21X Uehide Safe Console Vault[reqs.Seat-Bucket 401consoie140 - - 0 0 $ 329.00 $ 330.00 76C Exterior Ba .Alarm,ma be dealerinsblled. 0 0 0 0 139.40 1 $ 140.00 _ „ LED Warning Strobes-Amber(req.Center High-mounted Stop 91S Lamp(CHMSL);includes center high-mounted stop light bar and 0 0 0 0 $ 674.00 $ 675.00 two 2)hood mounted lights LQ)'llllarning*robes-Amber-White req.Center High-'mounted 91 G ! Stop Lamp(CHMSL),Includes cenite><high-mounled stoR fight bar 0 0 0 0 $ 724 00 $ 725.00 and,+io '2 hoodmounled 42t V 61S Splash Guards/Mud Flaps-Fronton) (optional onF-350only) 0 0 0 0 $ _ 74.00 __$ 75.00 Stain" aflWheel svers ,Fcont&Rear{NAF,3 SRW;req., 945 64' , 77Argon-T'aintedSteelWheel ort4Z Xii,:ArgentPailnt6d 0 0 0 Q $ 379.00 380.00 mat )heel` 61 L Wheel Well,Front _ 0 0 0 0 $ 179.00 $ 180.00 ro0 second stage maws 6difi0w4h se o*d ";t7 uta-fit Send st Vie. tSOand bony cert[ ontoaaorcta'nc`, th Fi#V and local reg0la�ns,lnc9mp a�t ass s modified 31 ,, 04 0 10 625.00 NA a c riling`: FordMoo3 i body:m iAer guide va}utaling new ovaarrntye-dele+ {t0ian,1n, rdaR � � , 4, ,; (.,, �, - t „• . ! . � i ��l „•!,: . '}, r rbc � '4�. r,. s, ,,, THMS500- 500 Watt Inverter with Dash Switch-includes TH0002 0 0 0 0 $ 396.00 NA PPI _ 7505 7i' Isitlyerker with tush Stich-indudesTH0402 0 0 0 C $ 59600 NA TH1000 1000 Watt Inverter with Dash Switch _ 0 10 0 0 642.00 NA 500' ='auith:Dada B iota-indudes TH000Y 0 0 a' 0. 0 $ °605.{10. NA TH200 a 200=0 aft Inverterwith Dash Switch 0 0 0 0 796.00 NA 0 0 3 00 W`itIln'e r►Kith Dash i` �fl 13 i (� '0 $ 966.00,11 NA D% Dimensions 1200 watt Pure Sine Wave 0 O 0 0 $ 1,495.00 NA 12/120ON i I D%Rh3MOTE IRemote oonfrol for Dimensions 0 0 0 0 $ 145.00 NA USB Rhone HD Charge Wire for Iphone-USB(PHONE 0 0 0 1 0 $ 39.00 NA USBAndro_id HD Cha a Wire for Android 0 0 O 0 $ 39.00 NA Safety Nt Inc];First Aid IGt,Triangle IGt&Fire Extinguisher(Specify SAFETI 0 0 0 0 $ 276.00 NA montino location)B500T,PET449,6430 Fir0d,Fire Extinguisher(spodfymoutning;location)and Road SAFET2 0 0 0 it 0 $ 536.00 NA LED 1. W430,B500T,1140-4PACK SAFET3 All Purpose Anti Bacterial Wipes,FDAApproved(50 Count)With 0 0 0 0 $ 50.00 NA Face Mask 7WT,M E Car Cu Halder Phone Mount 0 0 0 0 $ 60:00 NA 2 All Weather Laser Cut Floor Mats-2 Piece 0 0 0 0 $ 215.00 NA DUVAL FORD Page 1211 of 1946 SPEC 3 CHASSIS F-350 Regular Cab (F3Gj FSA20-VEH18 - WTM Al halhet Laser Cut Floor Mats- 4 Piece 0 0 0 0 $ 290 0 ISA C . LAPTOR - 14 Basic Console Package:4"Dual Beverage Holder,Console CC-MC-14- Tray,2-DC Outlets,1-Dual USB PortFaceplate,Height Adjustable 0 0 0 0 1 $ 742.50 NA Arm Rest(SPECIFY RADIO MODEL AT THE TIME OF ORDER) j 16"Wide Body Console with Open Storage on Side of Console:4" CC-WBOS-16 Dual Beverage Holder,Console Tray,2-DC Outlets,1-Dual USB 0 0 0 0 $ 875.00 NA Port Faceplate,Height Adjustable Arm Rest(SPECIFY RADIO MODEL AT THE TIME OF ORDER` 2W Wide Body Console with Open Storage on Side of Console:4" Dual Beverage Holder,Console Tray,2-DC Outlets,/-Dual USB � CC-WBOS 20 0 0 0 0 $ 887.50 NA Port Faceplate,Height Adjustable Arm Rest(SPECIFY RADIO, MODELAT` HE TIME OF ORDERS 16"Wide Body Console Package with Open Storage on Side of CC-WBOS-1$I Console:4"Dual Beverage Holder,Console Tray,2-DC Outlets,1- 0 0 0 0 $ 993.75 NA Dual USB Port Faceplate with Lidded File Padded Box(SPECIFY RADIO MODEL AT THE TIME OF ORDER) LapTop Stand Passenger side mounted with Universal Computer CM-1=15-SA- Tra' 0 0 0 0 $ 717-.50 NA CM-SDMT-SL Lap Top Mount with Easy One Handed Slide Arm and Universal 0 0 0 0 $ 735.00 NA Com uter Tra . Use when ordering Trq ll OEM W Vent Shades 0 0 0 0 $ 175.0,0 NA P9E Pinte 4Aatl Comhinaon 2 5116"wi#iAu ustabte Shank 0 0" 0 $ 350.0-0 PIN LF IPintle Ball Combination 2 5116"with Fixed Shank 0 0 0 . 0 5 285.00 NA BOARDSR, Aries 3"Tulaular Rnonln wards-lark D , 0 0 {� 49500 BOARDS C, Aries 4"Oval Running Boards-Black 0 0 0 0 $ 515.00 NA Shield fl 0 ! $ 1.40,0-0 A WRKE Programmed Integrated Key Transmitter Fob 0 0 0 0 350.00 NA 3 « TS o Iotoederikl%'. , is Tedteob /Cheek Ke 0 fl '; `0 a $ 225:Ot) N 2 TONE Two Tone Paint Schemer Roof and Doors0 0 0 0 $ 1,896.00 NA 2 TONE D Two Tone R21nt Scheme Goers Onl 0 0 0` (�` $ 1X96 00 NA BUA Backup.Warm 0 0 0 0 $ 130.00 NA Relocate/Install factory supplied camera when adding second CAMLOC Q 4 0 ��(? $ 285.00 = NA sta a ba+dH oro"tlota BACKZONE Reverse Sensing System,Dealer Installed 0 0 0 I 0 $ 445.00 NA SPRAYA RDSpfayln,BedGrter,lnc[udes mpar[mentTops,Inteland � �Q 0 ' 0�� (� $ 995.QD TaH te-9 FootBed� SPRAY HD Spray In Bedliner,Includes Compartment Tops,Interior and 0 0 0 O $ 1,135.00 NA Tallr ate-10 or 11 Foot Bed SPRAYC i liD rayin Bedlineron Bum r0 0 0 0 .$ 155.0-0 ISA SPRAYD HD Spray in Bedliner for Enclosed Servie Body,Includees Floor 0 0 0 0 $ 1,525.00 NA and 16"u side walls UCOAT Unr)er Coaiin 0 O ' 0 0 795.04, NA - TINT 1 Window Tint On Front 2 Windows Including Windshield Strip 0 0 0 0 $ 265.00 NA 2 Tin#W]WiCrdaws4 Door thcludin "WindsWeC 0 0 0' 0 $ 38500 NA OEl 1 Graphics-Basic Fleet Package 0 00 0 $ 300.00 NA DECAL 2 Ora"hics-Customized Package With Unit numbers 0 0 i0 0 $ 450.001 NA --. Nitrogen Filled Tires In Lieu Of Std.Factory Fill. Fuel Economy NITRO 0 0 10 0 $ 345.00 NA Saver Due To Tire Pressure Consistency,On Ground GRLL GUARD AND WINCH S D S D DUVAL FORD Page 1212 of 1986 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 57-93 11 905 11 Westin HDX Wrag,Around Grille Guard with winch late 0 0 0_ 0 , $ 1,295.00 NA 1_ 57 3905 ['Westin HDXiWa Arouhd Orlle QuardwilhoutwinE `!ate 0 0 0 0 I. 1,145. NA WGG Warn wrap around grill guard with winch plate 88240,98080, 0 0 0 0 $ 1,530.00 NA 98090,98095 WARN 15t{ 1501a dam Windt with Remote _ _ _ 4 0 0 $ 2 2-6. 0 WAN 10K 100001"1 Warn Winch with Remote '103252' 0 0 0 0 $ 950.00 ' NA WARM 1211 1t36a Barra vnnch Wfl Remote' 103254 0 0 , 0 0 $ 1 x270 DO N S S D S D CAM HLD Cab' ,�elt9''' ti4i Mash Window Includes l aC Pwder Coaln 0' 0 0 0 1 $_____625.00 NA CABSHLD B Cab Shield with Mesh Window,Includes Black Pwder Coating and 0 0 0 0 $ 650.00 NA Beacon Provision CABILD t. Cab,shield Mesh Window,Includes Brack Pwder Coating and 0 0 0 0 $ 675.00 Lidh rn CAESHLDA Cab Shreld.Aluminum - 0 0 0 0 $ 895.00 NA I a sl 0� cr0"Rtfora o` t `D ;a` D „s eWt tLEDSPOT LED Pillar Mount dotli ht-325PL-0002:189,P46SLC 0 0 10 0 $ 695.00 NA B L rierat It ,�tE`tttbranct1P.0tl;'tit200T4GT 0 I�O 1 0 0 1 $ 725:00 11 NA 3RD Brake Light Safety Pulse(Pulses 3rd brake light(4)times SBL upon application of brake pedal to increase driver awareness 0 0 0 0 $ 279.00 NA behind y2u when sto in 4 Cptner F7ashm m(2 Sur ►oe l�loun din., Ile 2 t6 Tail LPD G 1 g , . ,,, ��, 0` 10 0 0 $ 675.00 NA Li `e ify � alti> a a�fo�ia�)t GRNS., 1C�tN81,',lfXrtl9 16"MiniWhelenLedCenturyLightBar-AmberlightwithAmber 0 0 0 0 495.00 NA LED PKG 2 Lens-MC16PA _ $ 16"tVlirii Whelen Led Century Light Bar-Amber fight with Clear- LED PKG 3 0 0 0 0 $ 550.00 NA M01irPC ► LED PKG 4 16"Mini Whelan Led Century Light Bar-Amber/white lights with 0 0 0 0 $ 550.00 NA Clear Lens-MC16PF 12 'Mau Whaley l.ed n1ry#iht Bar Aanber lightwith liber LSD# C05" 0 0 0 0 $ 695.{10 NA Land #G231?A:. LED PKG6 23"Mini Whalen Led Century Light Bar-Amber lightwith Clear- 0 0 0 0 $ 695.00 NA MC23PCA _ 23�"Min!Whalen Led Century Light Bar-AmbeiA70 a li�htswith LED PKG 7 0 0 0 0 $ 695.00 Clear"L$as,;fC23F 54"Fully Populated Whelan Justice Light Bar,6-Switch Controller FLED PKG 8 84 Corner Flashing System With Mounting Hardware(Speafy 0 0 0 0 $ 3,002.00 NA color at time oforder)JV2****,PCC6W,MCRNS*,MCRNB1, VTX609* 54"Fully Populated Liberty I1 LightBar,649vitch Controller&4 LED PKG 9 Comer Flashing 9ys6am With Mounting Hardware($peaty color at 0 0 0 0 $ 3,022.00 j N time of order)IW2*'*%, C6W,MCRNS',MCRNRBI,VTX609* Interior Flashing System:(2)SOLO Avengers In Headliner,(2) LED PKG 10 SOLOAvengers In Rear Deck,4 Corner Flashing System with 0 0 0 0 $ 1,754.00 NA Single Mounted Controller(Specify color attime of order)AVC11*, MCRNS*,MCRNBI*;VFX609*, Premium Interior Full Width Flashing System front and Rear With LED PKG 11 1 Directional Functions,2-Hideaway Grille Lights,2-Flashing Tail 0 0 0 0 $ 3,400.00 1 ' NA Li hts:Sire nlController,. eaker and Mountira Brackets DUVALFORD Page 1213 of 19 6 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 54"Fully Populated Whelen Justice Light Bar,Siren/Controller, LED PK012 'Speaker&4 Corner Flashing System With Mounting Hardware- 0 0 Q 0 $ 2,863.00 NA J\/2****,SA315P,MCRNS* VTX609* 54"Fully Populated Whelen Liberty 0 Light Bar,Siren/Controller, LED PKG 13 Speaker&4 Corner Flashing System With MountingHardware- 1 0 0 0 0 $ 3,350.00 NA SA315P,MCRNS*,VT(609* S S D S LSLR _g Side Ladder Rack Aluminum' 0 0: 0 0 1152.00 N MatRack S Over Cab Material Rack,Steel 0 0 0 0 $ 2 002.00 NA MatRackA Over Cab Material Ra Aluminum 0 LO-l'i 0 0 ' $ 2,652.40 NA MatRack SB Over Cab Material Rack with Basket,Steel 0 10 0 t $ 2.302.00 NA o � ,. um`xuminum ' < , t LG1 1300#Tom m Gate G2 601342 TP27 Steel Platform 0 0 0 0 $ 3,446.00 NA L 1 "Torn'm .Ga ;G2 60 X27 Aiurninum 0 (� { t:3 '` 4 021; 0 .. NA LG3 1300#Tommy Gate G2 601342 TP38 2 Piece Steel Platrorm 0 0 0 0 $ 3„546.00 NA Lal 1300#T6mm Gate+G250) 42FA38,2PieoeAl6minum 0i I0 07 4 4,146.04° NA LC5 1500#Tomm Gate G2601642 TP27 Steel Platform 0 0 0 0 $ _ 3,546.00 NA ILG6 950 .0#Tomm Gate G260,,1.642 TP3$2 Piece Steel 0 Q O JiO $ 3 fi46.04 NA LG7 15O0#Tomm:.Gate G2601642 EA27 Aluminum 0 00 0 $ 4,171.00 NA LGS 15t?0# tom ,date`+;2601 642g§8iurniraum 2 PieoeD fl 0 0; $ 446.00 NA LG9 1500#Tommy Gate 62601642 EA48 Aluminum 2 Piece 0 0 0 0 $ 4,596.00 NA 1 LG10 Tliiiatrtan 9 5t30#T F45twT 56 X6 atel i lees G 0, 4 A '$ 3 627,40 �fA LG11 Thieman 1500#TT15ET 56 X42 Steel 2 Piece 0 0 0 0 $ 3,971.00 NA ll2 Thieman 1544#TTS'W5t X 26�uM_inum 1 piece 0 0 0 0 $ 3.09,6.40 r NA L91 Thieman 1500#TT15ET 56 X32 Aluminum 2 Piece 0 0 0 0 $ 4,246.00 NA 614 This nan 9500#7T15056 44 Aluminum 2 Piece (3 Q 0 f3, $ 4671.001 Stake_ am Box muck��t°xtes, � S D S � D Llid 2g2 3350 35 J. G 1"0” O.1 C? $ 4 46. 0 NA LG16 ,160.0#Tommy Gate box truck&flatbed2921650 35 0 1 0 0 1 0 $ 4 096.00 NA LG17 2U '` ` 7flrnm Dake bc�xtruc& a4bed 2922050_' 35 ? 0.= 0 0 ' ; 4, 71:110` NA #e S D S 13 RG 1 t fi00#Raiff ate Tomm Gate 89-16 '37 0 O 0 0 $ *0!4600 NA R 2 2000#Rail ate Tommy Gate 89-20 42 0 0 0 0 $ 5;346.00NA RG 3 25- ` . Rail ate Tbmmj Gate 89.25 2 D 0 0 0 6,796 40 NA PG4 25004,Rail .ate Tommy Gate bifold 89-25bf tp6O 0 00 0 $ 9,146.00 NA R 5 , `II ate Tamm Gate'b3to(d$9.30bf `66 0 J,0 r1 _6`7 $ 946,00 NA PC 6 4500#Rail ate Waltco wdv45 60 x 80 0 0 ) 0 0 $ 15 746.00 NA e'ka S D 'i S D T,41 1504 Tuckawav Maxon 1:15 0 0 0 0 $ 4,696.00 NA FTA-2, TO_06-w6y Walteo c-24 (3 0 O 0 7T 4,696.40f NA _ 2500#Tuckawa Waltoo c-25 0 0 0 0 $ 5,471.00 NA 7 2 6- 4 0 0 714 ,40 NA TA5 3000#Tu way Tommi IN8030 0 0 0 0 $ 7,346.00 NA " S D S D OK 1Icota OA W"SB°Sv d -Skeet_Ford RAMy GM 0 O $ 6 75 ,04 Dakota 9R SRW"SB"Svc Body-Steel wl Fliptop Lids(Ford,RAM, DK2 ' 0 0 $ 10,577.00 GM - - DK3 Dakota 911 SRW"SB"Svc Body-Aluminum Ford,RAM,GM 0 0 $ 10,567,00 . DUVAL FORD Page 1214 of 1 GM6 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 DK4 Dakota 9ft SRW"SB"Svc Body-Aluminum wl Fiiptop Lids(Ford, 0 0 $ 11,397.00 RAM,GM) I K5 Dakota 911DRW"SB"Svc Body-Steel Ford,RAM GM' 0 Q $ 9j927.00 11, DK 6 Dakota 11ft DRW"SB"Svc Bok-Steel(Ford,RAM,GM 0 0 $ 10,497.00 DK 7 Dakota 11 ft DRW"SB'Svc Body-Steel wl Fliptop Lids(Ford,RAM, 0 'i 0 $ 11,727.00 Da DK 8 Dakota 11 ft DRW"SB"Svc Body-Aluminum(Ford,RAM,GMi 0 0 $ 11,097.00 11 �Dakofa 11ftDRW"SB`SvcB dy luminumwiFlip topLids(Ford, DK9 0 0 $ 12,327.00 LED Compartment Light-LED strip lighting in each compartment DK OPT 1 0 0 0 0 $ 900.00 option for 8'and 9'Dakota"SB"Svc Bode i LED Compartment Light-LED strip lighsng in each compartment DKOPT 2 0 0 0 0 $ 1,035.00 o tia�n for 11'Dakota'SB"Svc Bod 9'Knapheide Utility Body 6108 SRW 60"CA Includes Step KSB 1 Bumper,Tail&Tag Light,Slam Lock Tailgate and Rotary Style 0 0 $ 9,847.00 NA Latches 9'Knapheide 6108F SRW Flip Tap 60"CA, Includes Step mper, 0 $ 10,497,00 NA KS4i 2 Tail&"fag Light,Slam Lod4 Taflgalo and RotaryStyle Latches ' KSB 3 9'Knapheide 6108D54 DRW 60"CA. Includes Step Bumper,Tail 0 0 $ 10,297.00 NA &Ta_q Li ht Slam LockTail-ate and Rotary le Latches 9' apheide�B40$ 4FDR VFlip'T 6#t" clu bs �„ > , 4 &ilr;Tatl&Tag Light�a�n TA tory ftd e 4 i $ 11,097:00 NA KSB 5 9'Knaheide 6108D54F40 DRW Fly To P 60"CA 0 0 $ 11.197.00 NA 6 ", apbee 6Df�a4) 6 rI3W0" A 0 4 $ 1`09fi7.00 l+lA K 7 9'Kna heide 6108D54H60 DRW 60"CA 0 0 $ 11,547.00 NA d 11'Kna` heide;S1321]$41F+ 84�.CA 0 O $. 11,,122.00 NA 9 11'Kna heide 6132D54F DRW Fli Top 84"CA 0 0 $ 12447.00 NA 1 11'#Gaa"'fields .132C15H8': tW 8 "CA 0 -. fl° 44, 047,E NA KSB 11 11'Kna heide 6132D54H60 DRW 84"CA 0 0 $ 12,297.00 Nis KSD 12 9' unainum lJtil + d {�R �11D0"CA, klcludeg p 0 0 $ 12,497.00NA J 8unro er'Ll Tat►,i h erd r#4r& rior' Int" KSS 13 9'A6110D54F FLIP TOP DRW 60"CA. Includes Step Bumper,LED 0 0 $ 15,097.00 NA Tail lights and Interior&Exterior eaint 14'Aluminumlltitity Body,DRW A6132054-2 84"CA,Includes KS814 0 0 $ 16,072.00 NA Ste 'Brim er LFA}Tail k hand lnlidoir&Exterior Gini RSB 1 9'Reading Standard Line utility body factory powder coated white 0 0 $ 10,866.00 NA with SST paddle latches.Req 60"CA[AF SLU108ADW SL 21301] 9'Reading Standard;Line utility body fac rypowder coated white RSB 2 with flip Top Lids&SST pad dIs latches.60"CA[AF SLU108ADW 0 0 $ 12,114,00 NA SL 211301SNIL11, 9'Reading Classic II utility body reading Classic 11 factory powder RSB 3 coated white with SST Paddle Latches.Req's 60"CA Dual Rear 0 0 $ 11,496.00 NA Wheel. AF U108ADRVv' _ 9'Reading Classic Itpflflty body reading Classic II factory powder RSB 4 coated white with SST Paddle Latches and Flip Top Lids.Req's 60" 0 ! 0 $ 12,744.00 NA CADual Rear Wheel' U108ADRW SML 9'Reading Classic II Aluminum utility body reading Classic II RSB 5 factory powder coated white with SST paddle latches Req's 60"CA 0 0 $ 14,041.00 NA IDualRear Wheel.'AF AL-U108A DWl DUVAL FORD Page 1215 of 1 436 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 9'Reading,Classic II Aluminum utility body reading Classic II RS86 factory powder coated white with SST paddle latches and Flip Top �I 0 0 $ 15,395.04 NA Lids.Req's 60"CA Dual Rear Wheel.[AF AL-U108ADW 5ML] i 11'Reading Standard Line utility body factory powder coated RSB 7 white with SST paddle latches.Req 84"CA[AF SLU132ADW SL 0 0 $ 11,323.00 NA 2140111— I I' 1401 _11'Reading Standard Line utility body factory powder coaled IRSB 8 white with Flip Top Lids&SST paddle lathes, 84'CA IN ( 0 1; 0 $ 13,690.00 NA SLU132ADW SL 21401 �! 11'Reading Classic N utility body reading Classic II factory powder RSB 9 coated white with SST Paddle Latches.Req's 84"CA Dual Rear 0 0 $ 12,541.00 NA Wheel ff U�132A,DRWj 11'Reading OaWc 11 utility body reading Classic 11 factory powder, RSB 10 coated while with SST Nddle Latches and Fit'Top Lids, Req's 0 i {D � $ 14,908,E NA 84"CADuaiResir,),heel'A U132ADRWSML 11'Reading Classic II Aluminum utility body reading Classic It RSB 11 factory powder coated white with SST paddle latches.Req's 84"CA 0 0 $ 15,630.00 NA Dual Rear Wheel. AF AL-U132A D 11'Reading Classic ll Aluminum utility body reading Classic N RSB 12 factory powder coafad wNte with S,ST paddle latches and flip top 0 ( 0 $ 18,108.00 NA 1ldsRtfte `s84'CATtua)`RearyWheel;i AL'UJkADWSML 9'Reading Classic 11 utility body reading Classic II factory powder RSB 13 coated white with SST Paddle Latches.Req's 60"CA Single Rear 0 0 $ 11,148.00 ( NA Wheel U108ASR' ' 9'Heading Classie Il+utiiity bod)+reading Classic it#actor powder RSB 14 coated white with SST Paddle Latches and Flip Top Lids. Req's Q Q $ 12,354.00 NA 60"CASin teRearWheei t�108ASRtiVSIvIL 9'Reading Classic Il Auminum utility body reading Classic ll RSB 15 factory powder coated white with SST paddle latches Req's 60"CA 0 0 $ 13,736.00 NA Sin le Rear Wheel.1AFAL-U108ASW 9'Reading Classic 11 Aluminum utility+body reading Classic it RSB 16 factcrypouvder coated while with SST paddle�latches and Flip;Top 0 0, $ 15,090.00 NA Lids.Rag's 60"CA Single Rear Wheel.[AFAL-U108A'SW SM *Diesel Only notch utility body to accommodate DEF Tankon Dual RB OPT 1 Fuel Tank applications(Will affect Interior Compartment Size)[AF 0 0 0 0 $ 735.00 NA NOTCH-QUAL ` Ma�terLoddng System for 9'Reading Body(installed at Reading) RB OPT 2 00 0 I 562.00 t o � RBOPT3 Master Locking System 12'Reading Body(installed at Reading) 0 0 0 0 $ 607.00 NA AF ML-132A: 9'Steel Slidlr� Tog Facto Anstalled._ STA 08 WR ZE2212 ZL 0 O 0 Q $ 2,613 U0(; NA RBOPT5 9'Li hted Com artments 0 10 0 0 $ 857.00 NA R T 6 12'L` hthd Compartment 00 O Q $ 1 57.00 NA B OP'T 7 Retractable Bed Cover 0 0 0 0 $ 3200.00 NA 8 ra RS on Linerforl1ffReadin franl,floor sidesand ate Q 0 0 0 is 1314.00 NA RB OPT 9ra on Liner for 9ft Readin front,floor;sides and ate 0 0 0 0 $ 1,218.00 NA - 9'Stahl Utility body SRW:Powder Coat White,Rear bumper,LED 81 Compartment Lights,Single pointT-handle latch Req's 60"CA t] 0 $ 12,472.00 l NA CSi'110WS-52.5 DUVAL FORD Page 1216 of 1 486 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEHIS 9'Stahl Utility body DRW:Powder Coat White,Rear bumper,LED SSB 2 Compartment Lights,Single point T-handle latch Req's 60"CA 0 0 $ 13,497.00 NA CST110WD-52.5` 11"Stahl Utility body DRW:Powder Coat White,Rear bumper,LED SSD 3 Compartment Lights,Single point T handle latch Req's 60"CA 0 0 $ 13,997.00 NA W'134VVD,-52§ C 'S, ERVICE ODIES S D S D Dakota 9'(A' W€ e1os14"DUG"8ady-Alurrdnum(Ford,RAM, - GM) rlS2.5"ti►side ighi, pered sides,rear door clearooening DE 1 � � 0 0 � $ 16,272.00 NA heightof45",one(1)drop down rear'accessdooron each side of rear of bod Dakota 11ftDRW Enclosed"DUC"Body-Aluminum(Ford,RAM, GM)w162.5"Inside Height,tapered sides,rear door clear opening DESB 2 height of55",one(1)drop down rear access door on each side of 0 0 $ 16,642.00 . NA rear of bod , 9''K aPhgids Enclosed PRW With Body,KG108L2094,51" � Interor 1-lws" ht kiciudes Sfep Bumper.Maser Lock's,L�Tail KFS 1 0 0 $ 14,987.00 ii A Lights,prior Paint,interior tk+ine Light&(2)Rear Shelf floors An'd Rear Solid Door` _ 9'Knapheide Enclosed DRW Utility Body,KC108M2094,61" Interior Height Includes Step Bumper,Master Locks,LED Tail KESB Z 0 0 $ 15,253.00 NA Lights,Exterior Paint,Interior Dome Light&(2)Rear Shelf Doors and Rear Solid Door 9f aObel(1e r c psod D tV Util+fiy dye C10$H2O94,73" I j 1n or"Leight in ,"e" i f l e, astottoc t�7to Kl<SB3 ,L 0 $ 15,458 00 NA Lights, Dior, 'intIn no �rnaL�ftt�(2)RearSheifDoors and Rear Solid Door 11'Knapheide Enclosed DRW Utility Body,KC1321-2094,51" KESB4 Interior Height Includes Step Bumper,Master Locks,LED Tail 0 0 $ 16,038.00 NA Lights,Exterior Paint,Interior Dome Light&(2)Rear Shelf Doors and Rear Solid Door 'I V`Knaph"ida E,qdbsed DRWESB Uttlriy dy,1CC132M209 il,81' inIrior Height (ndalss Sfi�par�Master Lodes,L l Tail j15 0 0 $ 16,291.00 NA I.ight§,�FAe r ` fenord?oi taghtE��(2 Rear eti[ rs ow 't Solid poor 11'Knapheide Enclosed DRW Utility Body,KC132H2094,73" KESB 6 Interior Height Includes Step Bumper,Master Locks,LED Tail 0 0 $ 16,545.00 NA Lights,Exterior Paint,Interior Dome Light&(2)Rear Shelf Doors and Rear Solid Door _ 9',Flea dln"54"Panel fop Ppwder mated White for 60"CA DRW RESB 1 9 0 0 $ 15,471.00 NA hod`yjAFPAJ5O-108qM 9'Reading 50"Tapered Panel Top Powder Coated White for 60" RESB 2 0 0 $ 15,647.00 NA CA DRW Bod SAF TPA50-108DW _ 9'Reading0"Panel Top Powder Coated White for 60"CA DRW RESB 3 0 0 $ 15,438.00 NA Bod AF PAI60-108D ' RESB 4 9'Reading 60"Tapered Panel Top Powder Coated White for 60" 0 0 $ 15,685.00 NA CA DRW Boded C TPA60-108D �_ _ 9'Reading 72"Panel Top Powder Coated White for$0"CADRW RESB 5 1 0 0 $ 16,899.00 NA BodyPAI72-108D RESB6 9'Reading 72"Tapered Panel Top Powder Coated White for 60" 0 0 $ 16,599.00 NA CADRW Body JAF TPA72-108DW DUVAL FORD Page 1217 of 1906 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH1.8 R Else,7 ;11'Reading 60"Panel Top Powder Coated White for 84"CA DRW 0` li 0 $ 18,000.00 NA _- Bod At=PA160-132D "'_ 11'Reading 60"Tapered Panel Top Powder Coated White for 84" RESB 8 CA DRW Body AF TPA60-132DW 0 0 $ 18,247.00 NA RESB 9 111'Reading 72"Panel Top Powder Coated White for 84"CA DRW 0 0 $ 19,606.00 NA Bod RAI72-1320 11'Reading 72"Tapered Panel Top Powder Coaled White for 84" RESB 10 0 0 $ 19,852.00 NA CA DRW Body 'AF TPA72-132DW na #wide'M i6 tions ' S D S D KSS t 1 3 Tool Shovel Rack -0 0 0 0 $ 335.00 NA t2; 6 OMwer Cabinet 0 0_ 0 0 $ 2,1100.00 tE t3 6 Drawer Mechanics Tool box 0 0 0 0 $ 2,101.00 NA t4 o"�m ri Lid ht - 0 0 it 0 0 $ 870.00 NA JKSB", S t5 Bumf€er 18"Shelf 0 0 0 0 1,250.00 NA tfi amper:20"S'tvra a She6Bum ger 0 ,O'i 0 0 $ 2,100.00, NA KS t 7 mper:Tail Shelf Bum er 1 fi" 0 0 0 0 $ 1,215.00 NA K S8 l ' Cahle� 'A 0 0 0 350,00 NA I t9 Cone Holder 0 0 0 0 $ 215,00 NA t 10 Cone Holder,Foldina 67 0 ILL, 0 340001I A `B Opt 11 D R?ngs in Car o Area 0 0 01 0 $ 499.00 NA Opt 12 E Track In Car o AreaQ 0 0 0 $ 345.110 NA t 13 Grab Handles 2 0 0 0 0 $ 235.00 NA t14 --loo Cooler 0 '0' 0 0 125:00 loo Cooler Mount - 0 0 O 0 $ 225.00 NA t 15 J01 Llhts 2` 0 0 0 $ fig 5.00 A Kw tt 17 Mud&Stone Guard _ 0 0 0 0 $ _225.00 i PVA Outriggers: 8edrid Hydraulic Outriggers{Requires Electric Crane KSB Opt 1 t3 selection 0 0 O 0 $ 4,197.00 NA . . KSB 22t 19 Outriggers: Fully Hydraulic 0 0 0 0 2.,997.00 NA t 20 Paint lona hetde Fxbrior Faces Paint 0 . b0FT, I' 21 Paint Com -artrnent Interior 0 0 0 0 $ 1,152.00 NA Po► erTake` f �0 , 0 0 0 2'972.fi1 NA i t 23 Raised Bottle Gas Compartment 0 0 0 0 $ 106,00 NA l24 Shelvin : POII Out Shelves Teach 0 0 0 0 554,00 NA t25 Shelving PufloutTra , 0 0 0 0 $ 794.00 NA QA Shelvin' : Sationa Shelves F:0 0 0 0 $ 230 Q0 NA t27 pare fire retainer 0 0 0 0 $ 180.00 NA t28 Trea11 d tai"Overla +fir oArea —0"'111"0" 0 li.101, _1,150.00 NA KSB t29 TreadiateOverlay Compartment Tos 0 0 0 0 $ 1,175.00 NA t 3n Vise t3rai�ce# 0 0 r 0 4 . 240.00 NA K58 Opt 31 Vise. 6"Wilton Vise 0 0 O $ 425.00 NA Machine 1 Vanair Pro Compressor/Generator,20 CFM,5000 Vflatt C 0 0 0 $ 5k .00 NA �Lachine 2 H,(draulic40CFM Com. ressor 0 0 0 0 $ 8346.00 NA Machine 3 20 ig s Air Com ressor and Reel 0 0 0 0 $ �,70.Q.00 NA !Machine 4 VMAC VR70 Gas 0 0 0 0 $ 11,500.00 NA Machines ACVR70Diesel licatiop $` 14900.00 NA Machine 6 En ac Welder Generator Com ressor,Diesel 0 0 0 0 $ 18,430.00 NA - _ _ _ _ Machine 7 En `ac Welder Generator Com ressor,Gas 0 0 0 0 $ 14,840.00 NA Machine 8 kidJer Bobcat 250 Welder 0 0 0 0 $ 7,340.00 NA FLAT BED BODIES S V S KFB 1 9'Knapheide Flat Bed,PVMXS. Requires 60"CA. Includes Steel 0 1 0 0 0 $ 8,747.00 NA Flat Bed,Bulkhead with Window,40"Sides and Mud Fla s DUVAL FORD Page 1218 of A& SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 12'Kna heide Flat Bed,PVMXS. Requires84"CA. Includes Steel KFB 2 Flat Be Bulkhead with Window 40'Sides and Mud Flaps 0 11 0 1 $ 8,747.00 NA 9'Knapheide Aluminum Flat Bed DRW,ALPB93. Requires 60"CA KFB4 Includes Steel Flat Bed,Bulkhead with Window,40"Sides and 0 0 $ 11,520.00 NA Mud Flaps 12'Knapheide Aluminum Flak Bed DRW,ALPB123, Requires 84" KFB 5 CA. Includes Seel Flat Bed,Bulkhead with Window,40"Sides and 0 0 $ 12,095.00 NA Mud-Fill s KFBOPT 1 Delete Stake Sides 0 O_ 0 0 $ 800.001 ISA 2 30"dee#t derbod .Box 0 0 01-1011 652.00 NA IB OPT 3 36"Steel Underboft Box _ _ 0 0 0 0 $ 677.00 NA MY 4 ata'Steel 0nderbnd'Bcix 0 0 0 Q 7470 NA KFB OPT 5 60"Steel Underbod Box 0 0 110 0 $ 827.00 NA IdecacFlois#-9'= " s1 o o a 1:j:,400.676 NA KFB 0P-r7 Filectric Hoist-14'-16 '620 0 0 O 0 $ 3,700.00 NA 8, !Ratchet�rid;,Stra s',�eacti 0 0 0 $ 195=00! NA XFB OPT 9 PTO in lieu of Filectric 0 0 0 0_ $ 2,997.00 NA OPT 10 Oel'akeAluminurnttake Sides 0 0 Ct $ ,1,004.Ot) NA IAB OPT 11 30"aluminum Underbody Box 0 00 0 __$ 802.00 NA 2, 3A9um'inurnl�d'derkiod �c 0 ,. Q07, = 847:40. h]A B OPT 13 48"Aluminum Underbod Box 0 0 0 0 $ 947.00 NA 1 , '60T1''s " '64"�4 it �"m m�Und iod x 0� 0 0 , 4 $ 977.00 NA 9'Flatbed Single Rear Wheel Action 11 Ga.Smooth Galvannealed SRW RFB 1 steel Skin on Headboard and floor,Painted Black,Structural Steel 0 0 $ 8,215.00 NA Cross Members on 12"Centers, 40"Headboard with Punched Window_&40"Removable sides. 9SRW FB �9'Flatbed Dual Rear Wheel Action 31 Ga.S"daooth Galvannealed steel Skin on Headboard and fir.Painted tla�ck, ral Sleel � � RFB2 0 0:, $ 8215100 Cross Members on 12"C niters 40"Headbo rd with Punched ua�le`s des: a r RW 12'Flatbed DRW Action 11 Ga.Smooth Galvannealed steel Skin RFB 3 on Headboard and floor,Painted Black,Structural Steel Cross 0 0 $ 8,495.00 NA Members on 12"Centers, 40"Headboard with Punched Window& 40"Removable sides.(AF 12DRW FB S 1 'died it eke Vides 8,tear o 0 1 0 0 7(14.x0 NA RFB OPT 2 Electric DumpHoist Ru b LR-416 single actin . AF 108-LR416 0 0 0 0 $ 3.382.00NA 7 7F KON 1 9'Knapheide Gooseneck Flatbed DRW,PCNA 0 0 S 7,779.00 NA KGN 2 9'46'p'heide Gooseneck Ffaibetl D tW,PGNB(i-4hts cn bulkhead) 0 0 , $ 7.948.00 KGN 3 9'Knapheide Gooseneck Flatbed DRW,PGNC(Skirted Body)___ 0 0 $ 10,310.00 NA t 9"Knapfieide GoosetiacicFfatl�ed flRW,PGD(SRarage KGN 4 +Goo neck 0 0 $ 12,841,00 NA KGN 5 9'Kna heide Aluminum Gooseneck Flatbed AL-PGNB96 01 9,500.00 NA 6 9'Kna heide Goosenes Flatbed.DR f P! 'N 0 0 $ 8.060.00: NA, KGN 7 _ 0 0 $ 8,256.00 NA 11'Knapheide Gooseneck Flatbed DRW,PGNB(Lights in bulkhead) KGN B 11'Kna heide Gooseneck Flatbed DRW PGNC Skirted Bad" 0 0 $ 10,760 00 NA KGN 9 11'Knapheide Gooseneck Flatbed DRW,PGND(Storage 0 0 $ 13,404.00 NA Gooseneck ' KGN 10 11"Kna`heide Aluminum Gooseneck Flatbed,AL-PGNB116` 0 0 $ 9 700:00 NA U' P BODt .S S D S D DUVAL FORD 15 Page 1219 of 1906 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 _L 9'Godwin 2 Yard Dump Body,13"Sides, Includes Electric Hoist, FT'DE1 0 0 $ 13,297,4fl NA X114 Cab Guard Ground Control Manual Tar with Arms DB2 9'Godwin 3 Yard Dump Body,18"Sides. Includes Electric Hoist, 0 ( 0 $ 13,397.00 NA 114 Cab Guard„Ground Control Manual Tar with Arms Dpi 9'Knapheide 2 Yard Dump Body,13'Sides. Includes,Electric 0 0 $ 15,070.00 NA Hoist 114 Cab Guard,Ground Control Manual Tar with Arms 9'Knapheide 3 Yard Dump Body,16"Sides. Includes Electric DB4 0 0 $ 15,336.00 NA Hoist 114 Cab Guard Ground Control Manual Tarp with Arms !DB5 11'Godwin 2 Yard Dump Body,13"Sides, IncludesElectricHolst, 0 0 $ 13,147 00 NA114 CO Guard,Ground Control Manual,Tarq iwhh Arms 11'Godwin 3 Yard Dump Body,18"Sides. Includes Electric Hoist, D66 0 � 0 , $ 13,297.00 NA 114 Cab Guard,Ground Control Manual Tar with Arms 11'Knapheide 2 Yard Dump Body,13",Sides, Includes Electric DB7 Hou 114 Csb Guard;Grozrnd ControlManual Tar wig Arms 0 0 $ 15,030.40 NA DB8 11'Knapheide 3 Yard Dump Body,16"Sides.Includes Electric 0 LO $ 15,253A0 NA Hoist;114 Cab Guard,Ground Control Manual Tarp with Arms C CT MPS S D S D KCD 1 9'Knaphetde Contractor Body,14"Sides. Includes Electric Hoist, 0 0 $ 12,897,00 NA Bulkhead,Ground Control Manual Tar withArms 12' riapheide-ntractor Body, 9des. includes Electric Hoist, KCD 2 Bul�ead mound Control,l'�anual Tar ,111""Arms ( 0 ' $ 12,647:00 NA 12'Blueridge Contractor Body,40"Sides. Includes Electric Hoist, KCD 3 0 0 $ 13,247.00 NA Bulkhead,Ground Control Manual Tarp with Arms 12'Iieridde Aluminum Contractor Body,40"Sides a Rear Barn KCD 4 Doors. Includes Electric Hoist Bulkhead,Ground Control Manual 0 0 $ 14,596.00 NA Tarp with Arms 9'Blueridge Aluminum Contractor Body,40"Sides and Rear Barn KCD 11 Doors. Includes Electric Hoist,Bulkhead,Ground Control Manual 0 0 $ 14,728.00 NA Tarp with Arms KC[}12 9"814id'Oontraclor Body,40",Sldes. Incudes Electric Hoist, [$jI3,497,U0 NA Ground�Control Manual Ta . �/kms CCS OPT 1 Fold Down Sides 0 0 1 0 09,254.00 NA 011 {�' go 40 NA CCS Obi"3 PTO Hoist in lieu of Electric 0 0 0 0 $ 2,972.00 NA 9"Rugby Ei orator Series Tipper Dump:9' L X 96'W 2.3 Yard RugbyseriesTipper Dump:10 Ga,Steel Construction, AD 3 Single;acting Electric l-koist ICC Burriper`,114 Cab Shield,ami-stn 0 0 $ 13,444,00 NA Tarp System with spring loaded,arm bars,and(2)B inch cheater boards installed inside 12'Rugby Eliminator series Tipper Dump:11'L X96"W 2-3 Yard Rugby Eliminator series Tipper Dump:10 Ga.Steel Construction, AD 4 Single Acting Electric Hoist,ICC Bumper,1/4 Cab Shield,Semi-Auto 0 0 $ 13,776.00 NA Tarp System with spring loaded arm bars,and(2)6 inch cheater boards installed inside pockets. 10'rugby Tin Series Dump:14'L X 96"W 5-7 Yard Tipper ' j Rugby Ttan Series Dumps:10 Ga.Construction,8 Ga.Floor, Painted Black,Hot Shift PTO,Semi Auto Tarp with Spring Loaded � All 5 Arm Bars,(2)Cheater Boards, ICC Bumper,For Medium Duty 0 O $ 19,150.00 NA Trucks. (Includes 2nd stage MSO,weightslip Unal-stage (manufacturers completed vehicle certification.) Requires Factory PTO Provision, DUVAL FORD Page 1220 of 1#06 SPEC 3 CHASSIS F-350 Regular Cab [F3G) FSA20-VEHIS 10'Rugby Titan Series Dump:10'L X 96"W 6-8 Yard Tipper Rugby Titan Series Dumps:10 Ga.Construction,8 Ga.Floor, Painted Black,Hot Shift PTO,Semi-Auto Tarp with Spring Loaded AD 6 Arm Bars,(2)Cheater Boards, ICC Bumper,For Medium Duty 0 0 $ 20,205.00 NA Trucks. (Includes 2nd stage MSO,weight slip,&final-stage manufacturers completed vehicle certification.) Requires Factory PTO Provision. 12'Ruobyfian Series Dump,12'L X96"W 6.8 Yard Tipper RgOyritan Series Bumps:10 Ga.�Cons#ructioh,8 Ga.Floor, ' Painled Blab,Hot$hftpTO,S00-tea Tarp w*, Spring loaded AD 7 Arm Bars,(2)Cheater 8oards,,tDC Bumper,For Medium Duty0 0 $ 20,103.00 ' NA Trucks:(k duides2nd stage m ,weigntslip &Iinel-�sto97 e manufar,�ure'rs oom le d vektic a IM ton, Requires Factory PT(]Pro+Bsi+Dn. AD 1 Ground Control for Ta Stem - 0 0 O 0 $ 951.00 NA OPT 2 Fo'# oven artd.ds {, ' 0 106, 0, iA AD . 3 Electric Taro tem in lieu of semi-auto tarp_ 0, 0 0 0 $ 1,385.00 1 NA DHS S 0, " 7T 9'Action Landscape Dumps: 11 Ga.Smooth Galvannealed Steel Skin on Headboard and Floor,Painted Black,Structural Steel AD 1 Cross Members on 12"Centers,Punched Window in Headboard, 0 0 $ 12,417.00 NA 48"Expanded Metal Sides,48"Expanded Metal Rear Barn Doors, ICC Bumper,Donovan 2000XManual Tarp with Rear Pull Bar and rope 12' n Landscape Durnps: 11 !Ga,S�i4olh Galvanne11 aled mel Skin on Headbdard abd Floor,PaiOted Steei Cross MeO+ers,On 12'Centers,Punched Wind*rn 4ea"064rd, AD 2 48"Expauided t�etal'Sides, "l;x`p�nde i Rehr Baro i3c�ars, fl o $ 13,081.Q0 1 � roper}, ono�iaar► {01aroaITarp,� � `�Reai'ftlir�and ,. r AD OFIT 1 Ground Control for Tarp 8tem 0 0 $ 951.00 i NA —777"0; fl` $ 1,196:4(1 ' NA AD OPT 3 Electric Tarp,System in lieu of semi-auto tarp 0 0 $ _ 1,385.00 NA ILS Landscape aHertailBodycludes 3B"I aftail,DUafa' 0 D $ '2,3 (3 0Q IJA , � a ' ea, ----------------------- �dle8d LB Oil t Dual Weedeater Rack 0 0 $ 725.00 NA �D 2 Ladder` oxln'BOd 1 X19;00Nk LB OPT 3 Blower Rade 0 0 $ 650.00 NA 12`Cit dy. dudes 66 nor,ventilation porgy,24'Barn Cl 0d Q $ 16750.00 j NA I Doom. poist� S D S D 12$, n dy th 85"tii. Includes Plywood Liner,Hardwood BOX 12 � � 0 0 $� 13,012,00 NA Flooi,hams Lf`hl Rollup Rear -- BX OPT 1 .. Ste.- Bumper 0 0 0 0 $ 630.00 NA 2, Pull'0(atRam _0" 0 0 246004 NA OPT 3 E Track,One Row per Side 0 0 0 110 $ 488.00 NA &MLAFor`kllReintia` rnent Q ` Q O D $ 8500 NA RX OT 5 12"Scuff Line' - C 0 0 1 0 $ 500.00 NA C 1 UDES S D S 0- Dakota 9ft SRW Crane Body(Ford,RAM,GM).Supports a 1,000 to DCB 1 4,000-pound capacity crane.**Add raised front compartmentfor 0 0 $ 12,630.00 NA $950(sped ,streetside or curbside'**SBG110 A8 /SS-4 DUVAL FORD Page 1221 of 19076 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 Dakota 9111:DRW Crane Body(Ford,RAM,GM).Supports a 1,000 to DCB 2 4,000-pound capacity crane."'Add raised front compartmentfor 0 0 $ 12,930.00 NA $950 ° eta streetside or curbside � ' i 1094WSS-4 Dakota 11 ft DRW Crane Body(Ford,RAM,GM).Supports a 1,000 DCB3 to 4,000-pound capacity crane.**Add raised frontcompartmentfor 0 0 $ 14,250.00 NA $950(specify streetside or curbside)**[SBG13394WSS-4KJ [3akota 911 DRW Crane Body(Ford,RAM,GM).Supports up 10 a Wo 4 6,000-pound capacity crane,**Add raised front compartment for 0 0 $ 15,205, 4 WDA 950 ' ea strsstside or curbside '* ' t 1094WSS-6 Dakota 11It DRW Crane Body(Ford,RAM,GM).Supports up to a DCB5 6,000-pound capacity crane.**Add raised front compartment for 0 0 $ 16,485.00 NA $950(specify streetside or curbside SBG13394WSS-6- Dakota 14"Long Tai)shetfWorkben`clipu' nperwiih oompartments DCB OPT 1 t G $ 5,55x:00 P on. at sido.+ofe#ail shel#for,13RSN ssis; 11 DCB OPT 2 Dakota 20"Long Tailshelf Workbench Bumper with compartments 0 0 $ 5,820.00 NA on each side of the tail shelf for DRW chassis Llfb000re'9 DRW TMA Orane Body(Ford,RAM,GM)oust be LCB! 0 '19,050b0, ordered with'a Liftroo.ore 4000X-16PKGc cane-see be LCB 2 Liftmoore 11 it DRW TM6 Crane Body(Ford,RAM,GM) 0 0 $ 34,490.00 NA ordered with a Liftmoore 2550X-20PKGcrane-see be 9`t apheids Ofane�dy,s10 6[ 4"R3,. Includes ng � I � C81 Outr100er,Body Reinarrernent,Spring Buikt and h0 ,$ 13,600.00 1VA tfse wig 3K Crane 9'Knapheide Crane Body,6108D54 R4. Includes DuaCB2 Body Reinforcement,Spring Build Up and Step Bumper 0 0 $ 14,900.00 NA 4KCrane` Kr�aIphelde Crane Body,6108006.includes Dual Outrigger, C83 Bodylkeinlbrc6ment,Spring Build Up and Staff per(Use with, .� �] G $ ,23,400 DO:� NA 'SK�rane,.. i I 9'Auto Crane Body,Titanl6. Includes Dual Outrigger,Body CB 4 Reinforcement,Spring Build Up and Step Bumper(Use with 4K 0 0 $ 19,850.00 NA Cranel 9'Knapheide Crane Body with 21'%rage Bumper,6108DL44. - CB'3 Includes Dual Outrlg er,Body Reinforcement Spring Build Up;and � 0 i U ' $ :,26;200,00 I � 'N, e Burn er Uss wit 8K-7KGrane' 9'Auto Crane Body,Titan 38. Includes Dual Outrigger,Body CB 6 Reinforcement,Spring Build Up and Step Bumper(Use with 5K 7K 0 0 $ 26,900.00 NA Crane' 11'K(napheide+craIn'e Body,6132D54 R3. Includes Single Manual C 2 Outrigger,Bady Reinforcement,Spring Build Up and Step Bumper 0 0 1 $ 14,900.00 N Use with 31C Grane 11'Knapheide Crane Body,6132D54 R4. Includes Dual C88 Outrigger,Body Reinforcement,Spring Build Up and Step Bumper 0 0 $ 16,200.00 NA fuse with 4K Crane) 11`Auto Crane Body,Titan% Includes Dual Outrigger,Body C13 9 Reinforcement,Spring Mild Up and Step Bumper(Use with 41K 0 0 $ 21,400.00 Nab Crane' 11'Knapheide Crane Body,6132DL30. Includes Dual Outrigger, CB 10 Body Reinforcement,Spring Build Up and Step Bumper(Use with 0 0 $ 24,000.00 NA 5KCrane) DUVAL FORD Page 1222 of 1 M6 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 11'Auto Crane Body,Titan 38. Includes Dual Outrigger,Body CB 11 Reinforcement,Spring Build Up and Step Bumper(Use with 51(7K 0 0 $ 27,500.00 NA Crane), - 11'Knapheide Crane Body with 21"Storage Bumper,6132DL44. CB 12 Includes Dual Outrigger,Body Reinforcement,Spring Build Up and 0 0 $ 26,600.00 NA _ Step Bumper Use with 6K-7K Crane) GB 1 Crane Haslet L 0 0 $ 1 U502.00, NA S D S D i Fla ad irtltn 2D" s e i dp a )pet OutrWer,Body 1 KFBC 1 Reircentent,'Sp ring lid 00 and Step Bumper(Use with 4K ' 0 0 $ 12,800.00 NA 9'Steel Flatbed with 20"Pedestal. Includes Single Manual KFBC 2 Outrigger,Body Reinforcement,Spring Build Up and Step Bumper 0 0 $ 12,600.00 . NA Use with 3K Crane.) \, din Wiped 1 dudes Batt lgger+&qtly, KF "Ak"IN 11 BC 3 Renftoem+r�t,, t`frtig Biitld' NN °and 0,14e wig etc 0 O $ 16,500.40 12'Steel Flatbed with 20"Pedestal. Includes Dual Outrigger,Body KFBC 4 Reinforcement,Spring Build Up and Step Bumper(Use with 4K 0 0 $ 13,600.00 NA Crane 12' eel Fla ad uallA 2O� a a1 Includes,P 91Aanual , � � 15 �Cutier' g ` emfo' nt spnnc 4rp end � ` m„ ,I,$ '13,4 � A t x, r. SSB with 3! 'Crarlaf' 12'Steel Flatbed with 20"Pedestal. Includes Dual Outrigger,Body KFBC 6 Reinforcement,Spring Build Up and Step Bumper(Use with 5K 1 0 0 $ 17,100.00 NA Crane MKS - 5 D S 3,000 Lb Auto Crane EHC3 PRX Hardwired Control,Boom Rest, ELEC Auxiliary Battery,Circuit Breaker and Crane Annual Inspection 0 0 0 0 $ 13,886.00 NA CRANE 1 Decal S Or10 Lb k-I re 'd�c��e 3812 �l�erd��pd Gd�tr�lk s `, I . �Re�,� � ,A r� 17. 1 "• ��^P'�� IGSJ�1 �}� �t� 410 NA !RRR III'2$p. S ELEC 3,000 Lb.Stellar EC3200-FM CONTROL,Boom Rest,Auxiliary 0 0 0 0 $ 13,136.00 NA CRANE 3 Battery, it Breaker and Crane Annual Inspection Decal P ]01_b Venipr4e 1210� 1.1ARU1flD CONTROI�,�Boom Rest, ry' aCid e 'kera4i�dyrananu f �'spe fOKC 0 0 ;0 t $ 13456.E M C E4 � t I ELEC 31000 Lb.Venturo ET12KXXP 16 FM CONTROL,Boom Rest CRANES Auxiliary Battery,Circuit Breaker and Crane Annual Inspection 0 0 0 0 $ 15,236.00 NA Decal ELEC 4;0!t30;Lb.Auks "With F#ardwired C fi Control,Boom Rest,Auxitiaryt BatiWry Circuit(taker and Crane 0 0 0 0 $ 1723600 : , NA Annual,toSoo DecalELEC — -- 4,000 Lb.Auto Crane,Model EFIC4-20'Reach,With Hardwired CRANE 7 'Control,Boom Rest,Auxiliary Battery,Circuit Breaker and Crane 0 0 0 0 $ 17,586.00 NA Annual Ins ecfion Decal ELEC: 4,000 Lb.Litlmoore uric Crane-Model 400OX 16'Reach,'' CRANE 8 Hardwired Control,Boom Rest,Auxiliary Batlery,Circuit Breaker © 0 0 0 $ 15,736.00 NA and Crane Annual In spactivn Decal DUVAL FORD Page 1223 of 1996 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 ELEC !4,000 Lb.Liftmoore Electric Crane-Model 4000X 20'Reach, - CRANE 9 Hardwired Control,Boom Rest,Auxiliary Battery,Circuit Breaker 0 0 0 0 $ 16,236.00 NA and Crane Annual Inspection Decal ELEC. F4,000 Lb.Stellar Crane-Model EC4000-16'Reach,FM Control, CRANE10 ;'13oomRest Auxiliary Battery,CircuitBreakerand Crane Annual 0 0 0 0 $ 15,936.00 Nab Ins ec lion Decal ELEC 41000 Lb.Stellar Crane-Model EC4000-20'Reach,FM Control, CRANE 11 Boom Rest,Auxiliary Battery,Circuit Breaker and Crane Annual 0 0 0 0 $ 17,136.00 NA Inspection Decal ELEC 4,000 Lb,Venthro Crane-Model ET16KX,Hard wired Control, CRANE 12 BoomRest,Auxiliary Battery,Ciraaft8reakerandCrane Annual 0 0 0 q $ 15,936,00 NA �s soon Dal H' "'CCN S D S D 4,0001.b.,�ellar 0-rane-Model 6939354421-20'Reach, HYD CRANE RboOrtidn`al FM Carte#;2 llon i ytl u1 Re er cau,Hoses,' ;0 0 0 $ 23,B't2,00 A 1 il�iam Restand Annual Crane Cerlifidation, &DeuireiPTO) HYD CRANE 4,000 Lb.Liftmoore Crane-Model 1640XPwith 16'Reach, Proportional HW Control,25 Gallon Hydraulic Reservoir,Hoses, 0 0 0 0 $ 21,815.00 NA 2 Boom Rest and Annual Crane Certification&Decal(Requires PTO) H S D ; 8 SG i l'Switch and Go Package(84CARequired) 0 [E-1 $ 24,100.00 NA 1 •dtianal D.m` Boxes 0 $ 4 527.00 NA SG 2 DumpBodyadded to package,mustshi with system. 0 $ 6,825.00 NA W OPT 3 tlitianal i]um stars - — 0 $ 6$800.00 NA SG OPT 5 US Tarp-88"Gane with Arms 0 ( $ 9100.00 NA Bt)CKEI' S I; D S 0 AERIAL 1 Axion Lift,UR3410(Req.Utility body)32-8'Working Height, 0 0 0 0 $ 30,413.00 NA Outrig pers and Gas Pont Motor with Electric Start Axion Lift 1 43131, a#a ei#42' 1s r # cg #Artiaating md dlii sSc se, Pssttmp, .e,r+3{:z Rr qSre q). l„l 0i c,.t4n t1l)0 INA 2 ulifi Axion,AT4313. Insulated 44'Working HeightTelescopic AERIAL 3 Articulating Dual Outriggers,Hydraulic Tilt,PTO,Pump and Shelf 0 0 0 0 $ 45,115sr,,1,1.00?t NA Aimper(Req.Utity Body) 90vp ” i " A 4 1 6, �,»1t r r r P ! S 1 < r G'asSite i,. s r <, 575 tmassis. rive Year; 66, lies 3oU Houri~ero dedAble. 0 0 0 � $ 2,900.00 $ 2,900,00 N2tjger Ford Proled Florida RQtai#1012019 Gas Base Base Care Ford Protect Extended service plan for Incomplete 5.100 chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 $ 3,425.00 $ 3,425.00 Pricinq per Ford Protect Florida Retail 1012019 Gas Extra Extra are Ford Prokt Extended service plan for Incomplete 575 chassis. Five Year,15000 Miles,3000 Hour Zero deductible, 4 0 0 0 $ 3,145.00 $ 3,145.00 Prift Ver Ford Proted Florida Retail 1012019 Gas Extra ExtraCare Ford Protect Extended service plan for Incomplete 5.100 chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 $ 3,855.00 $ 3,855.00 Pricin,2 per Ford Protect Florida Retail 1012019 DUVAL FORD Page 1224 of 1 OA6 SPEC 3 CHASSIS F-350 Regular Cab [F3G) FSA20-VEH18 Gas PremiumCare Ford ProtectExlended service plan for Incomplete O Premium chassis. Five Year,75000 Miles,3000 Hour Zero deductible, 0 0 0 i 0 $ 3,615.00 i$ 3,815.00 575 Nei per ford Protect Florida Reil 1012019 Gas PremiumCare Ford Protect Extended service plan for Incomplete Premium chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 $ 4,435.00 $ 4,435.00 5.100 Pricing er Ford Protect Florida Retail 10/2019 DIESEL Sam Care Ford Protect Extended service plan for Incomplete Bass a75 cassis. Ave Year,75000:Miles,300(1 Hour Zero deducible. 0 0 0 0�� $ 3,125.00 $ 3,125.00 Prroln er t=ord f�rotectFlofida 8,etaii 102019 __ DIESEL Base Care Ford Protect EKtended service plan for Incomplete Base 5.100 chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 $ 4,150.00 $ 4,150.00 Pricing er Fard Protect Florida Retail 1012019 6Caro laid-Prod is ed seivipe pian for IncoDIESEL mpbste i 5 chassis Ffve tsar T5000 des,3400 tiour 7eio+deductible. 0 0 0 0 3,410.0Q: $ 3,410A0 Pri+ r r, or Prate"t=Fioridaeil 10019 DIESEL ExtraCare Ford Protect Extended service plan for Incomplete Extra 5.100 chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 $ 4,725.00 $ 4,725.00 Pricing,per Ford Protect Florida Retail 1012019 t7� Prerruare fsrienteddetlr pier#for Incomplete �PI'e'mium 0assrs i�va Year,75001 Mike,340[13#�pr e��ie[f�tatible. ��0 � 0 0 (1 0 $ 3,940,0(} (� 3,940,00 �laF er ford�rotiecfflo�da Retait.,101�0'� ` , '` DIESEL PremiumCare Ford Protect Extended service plan for Incomplete Premium chassis. Five Year,100,000 Miles,4000 Hour Zero deductible. 0 0 0 0 $ 5,520.00 $ 5,520.00 10 Pricia 11 Per Ford ProWd,Flohda Retail 10 2019 MONEEMMi OutofZone purchase and Delivery. Does not include unique OZN shipping circumstances when final product demands shipping 0 0 0 0 $ 446.00 NA outside the state of Florida.Note:Emmissions codes for specific re ion. Ta ar�d TItle race n g sst aad ha9cl fee ,Ta s ale prsdt th�fo'cal and ��# a'ii i TO ,r. ,rr 4,,, zz,, ; fir, �� t 4u s�,� ,, t ( 0 ; 0 $ 48,00 NA vekept`�r��altver Cost�� des�te��a�mlr� afi�re' e. Fm'a'rival Y};r+a assn I tour er'mild Iwedez rete i'expense: TMP 30 Da yflorida Temp_oraty Ta .He quires(T70)Tag/Title Cp,ton 0 0 0 0 1, $ 7.00 NA TraiP�, rTa�� h�0e,� d4pn ) Ieas$s$hi#�cspofashcy "� TX reg�ssfln wl tai @ cteBrfy'indEei� # eq`uiiestTT4)Taglrtie 0 0, 0,r 0 $ 90.00 rias.ir�dues New Tag Charge(Florida only)Requires(TTO)Tagfritie option. TAG Specify City,State,or Sheriffs Tag.Includes PIMP O 0 0 0 $ 125.00 NA DUVAL FORD Page 1225 of &2�.� 6 7.F. Consent Bids and Purchases Over $100,000 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Approve piggybacking the Broward Sheriff's Office Contract# 14036AG with Gall's for the purchase of uniforms for Police and Fire with an estimated annual expenditure of$180,000. The Broward Sheriff's Office procurement process satisfies the City's competitive bid requirements. Explanation of Request: Contract Term: August 17, 2021 thru August 16, 2023 This approval will allow for the purchase of uniforms for the City's Police and Fire Departments as well as items stocked at the Warehouse. The contract has one (1) automatic renewal to extend the expiration date to August 16, 2023. How will this affect city programs or services? This purchase will provide uniforms for Police & Fire Rescue. Fiscal Impact: Funds are budgeted and available for the following accounts: 502-0000-141-0100 001-2110-521-5222 001-2111-521-5222 001-2112-521-5222 001-2210-522-5222 FY 19/20 expenditures were $133,038.67 FY 20/21 current to date expenditures are $117,047.30 Alternatives: Not approve the contract and issue a bid to procure uniforms. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1226 of 1906 Attachments: Type Description D Addendum Contract D Addendum Pricing Page 1227 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 AGREEMENT by and between THE BROWARD SHERIFF'S OFFICE and GALLS LLC THIS AGREEMENT entered into this 31stday of July , 2015 by and between the Broward Sheriff's Office (hereinafter referred to as "BSO") and Galls, LLC, a Delaware limited liability company with offices at 1340 Russell Cave Rd., Lexington Kentucky 40505 (hereinafter referred to as "CONTRACTOR"). In consideration of the terms and conditions contained herein, BSO and CONTRACTOR covenant and agree as follows: ARTICLE I DEFINITIONS AND IDENTIFICATIONS 1.1 Agreement - means this document including the exhibits, schedules and attachments attached hereto and those documents that are set forth in this Agreement as being expressly incorporated herein by reference. 1.2 BSO — means the Broward Sheriff's Office. 1.3 BSO Contract Administrator - The designee of BSO whose primary responsibility is to coordinate and communicate with CONTRACTOR and to manage and supervise performance and completion of this Agreement in accordance with the terms and conditions set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator. The Contract Administrator is Captain Jonathan Appel and/or his designee. 1.4 CONTRACTOR— means Galls, LLC and its successors and assigns. 1.5 Deliverable(s) - means all products, goods, work and services to be provided and/or performed by CONTRACTOR pursuant to this Agreement. 1.6 Merchandise — means those goods represented on Exhibit A along with 1 Page 1228 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 any other goods that are ordered by BSO from CONTRACTOR. 1.7 Website — means the unique partner "turnkey" ordering website that will be for the sole use of BSO and its personnel in connection with this Agreement. 1.8 Worksite — means that location at the central supply building located at 2601 West Broward Blvd., Fort Lauderdale, Florida 33312 which is more fully described as Exhibit B hereto ARTICLE II SCOPE OF SERVICES CONTRACTOR is hereby retained to provide to BSO the services under the terms and conditions set forth in this in the following: a. This document; b. The BSO RLI# 14036AG Web Uniform and Equipment Purchasing Program For Broward Sheriff's Office (RLI) which is attached hereto and marked as Exhibit C In the event of a conflict between the terms and conditions of any of the above documents, this document controls, then the RLI in that order. ARTICLE III MANNER OF PERFORMANCE 3.1 CONTRACTOR shall perform all services to the utmost professional standards. 3.2 CONTRACTOR agrees to perform, at all times faithfully, industriously, and to the best of its ability, experience, and talent, all of the duties that may be required of and from it pursuant to the express and implicit terms of this Agreement. 3.3 CONTRACTOR represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth herein, and to provide and perform such services to BSO's satisfaction for the agreed compensation. The quality of CONTRACTOR's Deliverables provided to or on behalf of BSO shall be comparable to the best local and national standards. 2 Page 1229 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 3.4 CONTRACTOR will provide a drug-free workplace program in accordance with the Drug Free Workplace certification attached as Exhibit D and incorporated herein. 3.5 Time is of the essence in CONTRACTOR'S performance of this Agreement. 3.6 At the request of the BSO's Contract Administrator, CONTRACTOR will attend any meetings regarding the development of the website and/or preparation and staffing and operations of the work site. CONTRACTOR will ensure that the proper personnel are in attendance based upon the agenda for such meetings. ARTICLE IV CONFLICT OF INTEREST CONTRACTOR assures BSO that to the best of its knowledge, the signing of this Agreement does not create any conflict of interest between itself, its associates, any principal of its firm or any member or employee of BSO. ARTICLE V TERM 5.1 This Agreement and CONTRACTOR'S performance shall commence on August 17, 2015 and remain in full force and effect through August 16, 2018. Partial Performance by CONTRACTOR shall commence as soon as possible but no later then August 17, 2015. Partial Performance by CONTACTOR shall be defined as hiring and placement of a seamstress at the Premises, hiring and placement of a manager at the Premises, completion of the website and online ordering processes for BSO's evaluation and testing, and commencing the occupation of the Premises with equipment. Full Performance by CONTRACTOR shall commence as soon as possible but no later than October 1, 2015. Full Performance by CONTRACTOR means providing all the services contained within this Agreement. Full Performance may be delayed to accommodate any occupational or business license issues which are beyond the control of the CONTRACTOR and will be immediately resolved by CONTRACTOR relative to occupying the Premises. Full Performance may also be delayed to accommodate any technical issues with the website and online ordering process that are identified in BSO'S evaluation and testing periods, which will be corrected by CONTRACTOR immediately. CONTRACTOR agrees to use all efforts to correct any issues that delay the CONTRACTOR'S Full Performance. If Full Performance by CONTRACTOR within ten (10) business days after October 1, 2015, due to one of the forgoing reasons or occurrences has not occurred, BSO may, at its sole option, 3 Page 1230 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 terminate this Agreement at any time thereafter, so long as it first provides written notice to CONTRACTOR with ten (10) days to cure. If CONTRACTOR does not cure within such ten (10) days, CONTRACTOR may seek replacement vendors for these services 5.2 This Agreement shall automatically renew up to five (5) one (1) year options if BSO fails to provide Contractor with a written termination notice at least thirty (30) days before the expiration date of any term, subject to BSO's ongoing right to terminate for convenience as more fully explained in section 11.2 of this Agreement during any term or renewal term. ARTICLE VI INVENTORY LEVELS CONTRACTOR acknowledges that BSO is entering this Agreement upon the representations that CONTRACTOR will keep a fully stocked inventory of Merchandise exclusively available for BSO's ordering needs, and that CONTRACTOR shall keep working inventory levels located at the Worksite. At no time will inventory levels fall below those levels mutually agreed upon by BSO and CONTRACTOR, and a sample of each item must be available at the Worksite for fitting and sizing purposes. Notwithstanding the forgoing, at no times will inventory levels fall below a level that would negatively impair BSO's ongoing business operations that require timely delivery of ordered uniforms for its workforce. BSO shall have the right, but not the obligation, to inspect inventories at any location to confirm CONTRACTOR'S performance under this Article. Reasonable costs and expenses, including traveling expenses to and from inventory locations outside of Broward County Florida, for two BSO representatives annually shall be burdened by CONTRACTOR. CONTRACTOR agrees to inform BSO promptly if it cannot fulfill an order within seven (7) calendar days of order placement. ARTICLE VII CONSIDERATION 7.1 BSO agrees to purchase the Merchandise as needed, and in quantities as determined by BSO, at the prices reflected in Exhibit A hereto. 7.2 CONTRACTOR will provide an itemized invoice to BSO for all charges and products sold on a monthly basis based on the rates reflected on Exhibit A hereto. If an item is ordered by BSO and/or BSO employees and is not reflected on Exhibit A 4 Page 1231 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 then the agreed upon price shall be that which is the lowest price charged for that particular item by CONTRACTOR to any other governmental entity. 7.3 CONTRACTOR shall submit an original invoice plus one (1) copy to the BSO's Finance Department identifying the Deliverable(s) and Merchandise ordered and received by BSO and any other information requested by the BSO's Finance Department with payment due by BSO within thirty (30) days of receipt of a properly submitted invoice. A properly submitted invoice is one where BSO does not have any objections. BSO shall have the right to provide written objections to an invoice within ten (10) calendar days of BSO's receipt of such invoice. If no objection is made within such ten (10) calendar day period, payment shall be made within thirty (30) calendar days thereafter. 7.4 The prices quoted in Exhibit A hereto may not be increased for the first year term. Thereafter, CONTRACTOR may increase prices by providing BSO a replacement Exhibit A in its entirety with the any new price increases ninety (90) days prior to the end of any term. Failure to provide such a substituted Exhibit A within this time period shall result in the CONTRACTOR keeping the then current prices reflected on the current Exhibit A to this Agreement for the entire next year term. CONTRACTOR increases in charges for Merchandise are limited to any increased costs from its suppliers, provided that charges shall not be increased beyond yearly CPI increases or 3% per year, whichever is lower. 7.5 Notwithstanding the forgoing, during the term of this contract, prices for the Merchandise, goods and services required under this contract and offered to BSO must be the equal to or lower than those offered the most favorable customer of CONTRACTOR for similar quantities under comparable terms and conditions. When requested by the BSO's contracting officer or representative, the CONTRACTOR must show that the prices offered to BSO match or are less than those offered the CONTRACTOR'S most favored customers for those quantities under those terms and conditions, and such pricing data must be available for review by BSO throughout the term of the contract. Any price reductions offered to other CONTRACTOR's customers must be offered to the BSO if similar item quantities are involved 7.6 There shall be no minimum or maximum order of Merchandise by BSO contemplated under this Agreement by the parties. BSO may order Merchandise from other third parties at its sole election if: (A) CONTRACTOR cannot deliver the Merchandise within seven (7) calendar days from the BSO or BSO employee order placement date, in which case BSO and/or 5 Page 1232 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 the BSO employee has the right to cancel the order placed with CONTRACTOR with e- mail notice to CONTRACTOR prior to BSO receiving the Merchandise; (B) CONTRACTOR does not supply speciality items required by BSO (C) Any item that is not a standard apparel cloth or fabric item worn as outer clothing by BSO employees (ie. Utility belts, collar brass, any equipment item, gloves, etc..) (D) Any items not reflected on Exhibit A or items that are not required standard issued uniforms by BSO or goods that are for personal use by BSO employees or not designated as "core" items. Notwithstanding the foregoing, BSO may, at its discretion at any time, order goods and items from any third party vendor when it deems it to be in the best interests of BSO. ARTICLE VIII EXPENSES & SHIPMENT OF GOODS 8.1 Except as otherwise provided herein, CONTRACTOR shall be fully and solely responsible for any and all expenses incurred by CONTRACTOR in the performance of this Agreement, including, but not limited to, costs of supplies, travel expenses, telecommunication charges, fees, licenses, bonds, taxes and all other costs of doing business. CONTRACTOR shall not, in any manner, incur indebtedness on behalf of BSO. All costs for shipping the Merchandise to the Worksite and/or the Broward County Division Sub-Stations Locations shall be burdened by CONTRACTOR. All costs for Merchandise returns brought by BSO to the Worksite shall be burdened by CONTRACTOR, provided that such returns are only of items that have not been modified (i.e. no hemming, embroidery, patches, or other embellishments) or have been incorrectly modified by CONTRACTOR. 8.2 Risk of loss of Merchandise being shipped to Worksite and/or BSO Broward County Division by CONTRACTOR, shall be exclusively borne by CONTRACTOR until actually received at the Worksite and/or BSO Broward County Division Sub-Station. 8.3 All items reflected on Exhibit A that do not require embellishments (hemming, embroidery, patches) will be delivered according to the following delivery timelines: (A) Next day shipments will be made the same day if order is received by 2:00 p.m. EST; 6 Page 1233 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 (B) Ground shipments will be made same day if order is received by 3:00 p.m. EST; and (C) Items requiring any additional embellishments will require 3-5 business days to process the embellishment(s) prior to shipment; ARTICLE IX INDEMNIFICATION 9.1 CONTRACTOR shall indemnify, hold harmless and defend BSO, his officers, employees, agents, servants, designees, attorneys, and legal representatives against any third party claims, demands, causes of action, lawsuits, liabilities, costs, and expenditures of any kind, including attorneys fees, resulting, either directly or indirectly, from the acts, actions, omissions, negligence, or willful misconduct of CONTRACTOR or its Staff related to this Agreement. 9.2 Nothing in this Agreement is intended nor shall it be construed or interpreted to waive or modify BSO's immunities and limitations on liability provided for in Florida Statutes Section 768.28 as now worded or as may hereafter be amended. 9.3 The above indemnification provisions shall survive the expiration or termination of the Agreement. ARTICLE X INSURANCE 10.1 Throughout the term of this Agreement and for all applicable statutes of limitations periods, CONTRACTOR shall maintain in full force and effect the insurance coverages set forth in this Article. 10.2 All insurance policies shall be issued by companies that (a) are authorized to do business in the State of Florida, (b) have agents upon whom service of process may be made in Broward County, Florida, and (c) have a Best's rating of A-VI or better. 10.3 All insurance policies shall name and endorse the following as additional insureds: The Broward County Sheriff's Office, Broward County, and the Board of Commissioners of Broward County and their officers, agents, employees and commission members with a CG026 Additional Insured — Designated Person or 7 Page 1234 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 Organization endorsement, or similar endorsement to the liability policies. 10.4 All insurance policies shall be on an occurrence/aggregate basis and shall be endorsed to provide that (a) CONTRACTOR's insurance is primary to any other insurance available to the additional insureds with respect to claims covered under the policy and (b) CONTRACTOR's insurance applies separately to each insured against whom claims are made or suit is brought and that the inclusion of more than one insured shall not operate to increase the insurer's limit of liability. 10.5 CONTRACTOR shall carry the following minimum types of insurance and submit insurance information including aggregate limits: a. Workers' Compensation: CONTRACTOR shall carry Workers' Compensation insurance with the statutory limits, which shall include Employers' Liability insurance with a limit of not less than $500,000 for each disease, and $500,000 for aggregate disease. Polici(es) must be endorsed with waiver of subrogation against BSO and Broward County. b. Commercial General Liability Insurance. CONTRACTOR shall carry Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence combined single limit for Bodily Injury and Property Damage. The insurance policy must include coverage that is not more restrictive than the latest edition of the Commercial General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Offices, and the policy must include coverages for premises and/or operations, independent contractors, products and/or completed operations for contracts, contractual liability, broad form contractual coverage, broad form property damage, products, completed operations, personal injury and cross liability. Personal injury coverage shall include coverage that has the Employee and Contractual Exclusions removed. c. Professional Liability (Errors and Omissions) Insurance: CONTRACTOR shall carry Professional Liability coverage for it and its employees that has a per occurrence limit of not less than Two Million Dollars ($2,000,000). If the CONTRACTOR has coverage in greater amounts or if the nature of the agreement requires additional insurance, then the limits will be increased. d. Business Automobile Liability Insurance: CONTRACTOR shall carry Business Automobile Liability insurance with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit Bodily Injury Liability and Property Damage. The policy must be no more restrictive than the latest edition of the Business Automobile Liability policy without restrictive 8 Page 1235 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 endorsements, as filed by the Insurance Services Office, and must include owned vehicles and hired and non-owned vehicles. e. Umbrella or Excess Liability Insurance. CONTRACTOR may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest "Each Occurrence" limit for any of the policies noted above. 10.6 CONTRACTOR shall provide BSO's Director of Risk Management and BSO's Contract/Lease Manager with a copy of the Certificate of Insurance or endorsements evidencing the types of insurance and coverages required by this Article prior to beginning the performance of work under this Agreement, and, at any time thereafter, upon request by BSO. Said policies shall specifically name BSO, Broward County and the Broward County Board of County Commissioners as additional insureds and the certificates of insurance shall evidence the same on their face. 10.7 The certificate of insurance evidencing the types of insurance and coverages required by this Article will be provided to BSO prior to CONTRACTOR being allowed access to the site and commencing services under this agreement. 10.8 CONTRACTOR's insurance policies shall be endorsed to provide BSO with at least sixty (60) days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverages or limits. Notice shall be sent to: Broward Sheriff's Office Attn: Lt. Col. Harrington Department of Administration 2601 West Broward Boulevard Fort Lauderdale, Florida 33312 AND Broward Sheriff's Office Attn: Director of Risk Management 2601 West Broward Boulevard Fort Lauderdale, Florida 33312 10.9 If CONTRACTOR's insurance policy is a claims made policy, then CONTRACTOR shall maintain such insurance coverage for a period of five (5) years after the expiration or termination of the Agreement or any extensions or renewals of the Agreement. Applicable coverages may be met by keeping the policies in force, or by 9 Page 1236 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 obtaining an extension of coverage commonly known as a reporting endorsement or tail coverage. 10.10 If any of CONTRACTOR's insurance policies includes a general aggregate limit and provides that claims investigation or legal defense costs are included in the general aggregate limit, the general aggregate limit that is required shall be no more than five (5) times the occurrence limits specified above in this Article. 10.11 The provisions of this Article shall survive the expiration or termination of this Agreement. 10.12 If any of the insurance policies required under this Article above lapse during the term of this Agreement or any extension or renewal of the same, CONTRACTOR shall not receive payment from BSO until such time that BSO has received satisfactory evidence of reinstated coverage of the types and coverages specified in this Article that is effective as of the lapse date. BSO, in its sole discretion, may terminate the Agreement immediately and no further payments shall be due to CONTRACTOR. ARTICLE XI TERMINATION The Agreement may be terminated upon the following events: 11.1 Termination by Mutual Agreement In the event the parties mutually agree in writing, this Agreement may be terminated on the terms and dates stipulated therein. 11.2 Termination Without Cause. BSO shall have the right to terminate this Agreement without cause by providing CONTRACTOR with thirty (30) calendar day's written notice via certified mail, return receipt requested or via hand delivery with proof of delivery. If BSO elects to terminate this agreement pursuant to this provision, BSO shall only pay that portion of any unpaid Merchandise that has been ordered by BSO and/or its employees prior to the termination date or that has been modified (i.e. hemmed, embroidered, patched, or otherwise embellished specifically for BSO) in service of this Agreement. No additional consideration or future consideration shall be due CONTRACTOR if such termination of the contract occurs under this provision by BSO. 11.3. Termination for Cause. In the event of a material breach, either party 10 Page 1237 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 may provide the other party with written notice of the material breach. The notice should provide the other with such sufficient detail so it can readily understand the claim for material breach. The other party shall have thirty (30) calendar days from the date of its receipt of such notification to cure such material breach. If the material breach is not cured within that time period, the non-breaching party may terminate this Agreement immediately. Material breaches shall include but are not limited to, violations of Governing Standards, local, state or federal laws, BSO's policies and procedures concerning which CONTRACTOR was given prior written notice clearly labeled as important or the terms and conditions of this Agreement. 11.4 Termination for Lack of Funds. In the event the funds to finance this Agreement become unavailable or are not allocated by Broward County, Board of County Commissioners, BSO may provide CONTRACTOR with thirty (30) calendar days written notice of termination. Nothing in this Agreement shall be deemed or construed to prevent the parties from negotiating a new Agreement in this event. If termination occurs under this provision by BSO, BSO shall only pay that portion of any unpaid Merchandise that has been ordered by BSO and/or its employees prior to the termination date or that has been modified (i.e. hemmed, embroidered, patched, or otherwise embellished specifically for BSO) in service of this Agreement. No additional consideration or future consideration shall be due CONTRACTOR if such termination of the contract occurs under this provision. 11.5 Immediate Termination by BSO. BSO, in BSO's sole discretion, may terminate this Agreement immediately upon the occurrence of any of the following events: 1. CONTRACTOR's violation of the Public Records Act; 2. The insolvency, bankruptcy or receivership of CONTRACTOR; 3. CONTRACTOR's violation or non-compliance with Nondiscrimination Article of this Agreement; or 4. CONTRACTOR fails to maintain insurance in accordance with the Insurance Article of this Agreement. If termination occurs under this provision by BSO, then BSO shall not be responsible for paying any consideration or future consideration under this Agreement to the CONTRACTOR. If termination occurs, BSO may elect to purchase any, all or a portion of the Merchandise in stock at the Worksite at the agreed upon rates in Exhibit A. 11.6 Ownership of Data: All data on orders, shipments and payments shall be the property of BSO and transferred to BSO upon termination of this agreement, or upon request by BSO, for any reason, in a format usable by BSO and that CONTRACTOR can reasonably provide. Notwithstanding the foregoing, 11 Page 1238 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 CONTRACTOR may keep an electronic copy of such data that is created pursuant to CONTRACTOR'S standard electronic backup and archival procedures or to comply with CONTRACTOR'S document retention policies or applicable laws, rules, or regulations. This provision shall survive the termination of this agreement. ARTICLE XII SUBCONTRACTORS 12.1 CONTRACTOR may not subcontract the performance of its obligations set forth herein without the prior written approval of BSO. 12.2 Prior to entering into any subcontract, CONTRACTOR will provide written notice to BSO identifying the name of the proposed subcontractor, the portion of the work which the subcontractor is to do, the place of business of such subcontractor, and such other information as may be required by BSO. 12.3 CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in this Agreement shall create any contractual relationship between any subcontractor and BSO or any obligation on the part of BSO to pay or to see the payment of any monies due any subcontractor. 12.4 The provisions of this Agreement will apply to any subcontractors and their officers, agents and employees performing services pursuant to this Agreement as if it and they were employees of CONTRACTOR; and CONTRACTOR will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and omissions of any subcontractor, its officers, agents, and employees, as if they were employees of CONTRACTOR. 12.5 CONTRACTOR will obligate its subcontractors to the same terms and conditions as set forth herein. 12.6 BSO shall have the right to withdraw its consent of any subcontract if it appears to BSO that the subcontract will delay, prevent, or otherwise impair the performance of CONTRACTOR's obligations under this Agreement. All subcontractors are required to abide by the non-disclosure provisions set forth herein. CONTRACTOR shall furnish to BSO copies of all subcontracts. Notwithstanding, the foregoing shall neither convey nor imply any obligation or liability on the part of BSO to any subcontractor hereunder. 12 Page 1239 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 ARTICLE XIII CIVIL RIGHTS REQUIREMENTS 13.1 CONTRACTOR shall comply with all applicable sections of the Americans with Disabilities Act. 13.2 CONTRACTOR's shall not discriminate on the basis of race, age, religion, color, gender, national origin, sexual preference, marital status, physical or mental disability or political affiliation. 13.3 CONTRACTOR agrees that compliance with this Article constitutes a condition to this Agreement, and that it is binding upon the CONTRACTOR, its successors, transferees, and assignees. CONTRACTOR will ensure that all subcontractors are not in violation of the terms of this Article. ARTICLE XIV CRIMINAL HISTORY 14.1 CONTRACTOR represents that its principal owners, partners, and corporate officers do not have any past felony criminal convictions or any pending criminal charges. CONTRACTOR has disclosed all such convictions or pending criminal charges to BSO and further agrees to disclose any future convictions or pending criminal charges. 14.2 BSO reserves the right to approve or reject, for any reason, CONTRACTOR's Worksite staff assigned to this project at any time. CONTRACTOR's Worksite staff shall be subject to a criminal background check, as permitted by applicable law, prior to providing services pursuant to this Agreement. ARTICLE XV RECORDS 15.1 If the Florida Public Records Act is determined by BSO to be applicable to CONTRACTOR's records, CONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry in such books, records, and accounts which led to BSO overpaying for time and materials services shall be a basis for BSO's disallowance and recovery of any overpayment upon such entry. 15.2 BSO shall have the right to audit the books, records, and accounts of 13 Page 1240 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 CONTRACTOR that are related to this Agreement. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Agreement. All books, records, and accounts of BSO shall be kept in written form, or in a form capable of conversion into written form within a reasonable time and, upon request to do so, CONTRACTOR shall make same available at no cost to BSO in written form. 15.3 Pursuant to Florida law (including but specifically but not limited to Section 119.0701, Florida Statutes), CONTRACTOR must comply with all applicable public records laws. Specifically, CONTRACTOR shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Florida Chapter 119 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. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of CONTRACTOR upon termination of the agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. In the event CONTRACTOR receives a public records request related to this agreement and the services provided hereunder, CONTRACTOR shall promptly forward the same to BSO to reply. For purposes of this section, BSO is considered the "public agency". 15.4 CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by BSO, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.). If the Florida Public Records Act is not applicable to the parties' agreement, CONTRACTOR shall preserve all records for inspection for a minimum period of three (3) years after termination of this 14 Page 1241 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 Agreement. If any audit has been initiated by BSO and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by BSO to be applicable to CONTRACTOR's records, CONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for BSO's disallowance and recovery of any payment upon such entry. ARTICLE XVI NON-DISCLOSURE 16.1 Except upon prior written approval of BSO or except as required by law, including the Florida Public Records Act, if applicable, CONTRACTOR and its subcontractors shall not furnish or disclose to any person or organization, (a) any reports, studies, data, or other information provided by, or obtained from BSO in connection with the services performed under this Agreement, (b) any reports, studies, recommendations, data or other information relating to, or made or developed by CONTRACTOR or its subcontractors in the course of the performance of such Services hereunder, or (c) the results of any such services performed, (d) any home addresses, images or phone numbers of any BSO staff, employees, agents and/or contractors that CONTRACTOR receives during the performance of this Agreement. 16.2 If either party is confronted with legal action or believes applicable law requires it to disclose any portion of the other party's information protected hereunder, that party shall promptly notify and assist the other (at the other party's expense) in obtaining a protective order or other similar order, and shall thereafter disclose only the minimum of the other party's Confidential Information that is required to be disclosed in order to comply with the legal action, whether or not a protective order or other order has been obtained. 16.3 The parties acknowledge that a breach of the provisions of this Article XVI will result in immediate irreparable harm to the aggrieved party, and the aggrieved party shall be entitled to immediate temporary, preliminary, and permanent injunctive or other equitable relief. 16.4 Information shall not be considered to be Confidential Information if it: (i) was independently developed by a party; (ii) becomes known to either party, without restriction, from a third party; or (iii) is required by law to be disclosed, subject to compliance with the procedure set forth below. 15 Page 1242 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 16.5 The provisions of this Article shall remain in full force and effect and enforceable even after the expiration of this Agreement. ARTICLE XVII INDEPENDENT CONTRACTOR 17.1 Any of CONTRACTOR's employees, subcontractors and any other person(s) performing services pursuant to this Agreement (hereinafter referred to collectively as "Staff') shall be deemed as employed by CONTRACTOR, not BSO. 17.2 Accordingly, BSO shall not be responsible for or assume any liability for any salaries, wages, or other compensation, contributions to pension funds, insurance premiums, workers compensation funds, vacation, compensatory time, sick leave benefits or any other amenities of employment to any of CONTRACTOR's Staff. 17.3 CONTRACTOR shall have and maintain sole responsibility and control over the rendition of services, training, standards of performance, discipline of personnel, and other matters incident to the performance of its services, duties, and responsibilities described and contemplated herein. 17.4 BSO shall not be liable for and CONTRACTOR agrees to indemnify BSO against any liability resulting from injury or illness, of any kind whatsoever, to CONTRACTOR's Staff during the performance of the services, duties, and responsibilities contemplated herein. 17.5 CONTRACTOR has the right to provide services to others or hold itself out to the public as available to engage in agreements with others. 17.6 CONTRACTOR and its Staff shall at all times be an independent contractor under this Agreement, rather than an employee, agent, or representative of BSO, and no act, action, or omission to act by CONTRACTOR or its Staff shall in any way obligate or bind BSO. 17.7 Nothing in this Agreement is intended nor shall be construed to create an agency relationship, an employer/employee relationship, a joint venture relationship, or any other relationship allowing BSO to exercise control or direction over the manner or method by which CONTRACTOR or its subcontractor perform hereunder. BSO shall neither have nor exercise any control or direction over the methods by which the CONTRACTOR shall perform its work and functions other than as provided in this Agreement. No party shall have the authority to bind the other or otherwise incur 16 Page 1243 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 liability on behalf of the other, unless otherwise agreed to in writing between CONTRACTOR and BSO. 17.8 CONTRACTOR will be responsible for having its Staff complete and submit data forms required to obtain clearance prior to entering any of BSO's facilities. Such forms shall be provided by BSO. 17.9 CONTRACTOR agrees to abide by all of the security policies, procedures, rules, and regulations promulgated by BSO. ARTICLE XVIII CONTRACTOR'S STAFF 18.1 BSO reserves the right to approve or reject, for any reason, CONTRACTOR's Staff providing services pursuant to this Agreement at any time. 18.2 CONTRACTOR will maintain the continuity of the Staff assigned to provide services pursuant to this Agreement throughout the term of this Agreement. All CONTRACTOR staff members who shall have access to the Worksite or deliver items to/from Worksite shall be subject to a BSO prescreening background check. Said individuals will provide information and documents as requested by BSO to submit to such background checks. Failure to pass said background checks to the sole satisfaction of BSO, shall disqualify any CONTRACTOR staff member from providing services under this Agreement or accessing the Worksite. BSO is under no obligation to share or identify to CONTRACTOR or the subject individual any reason for the failure of a background check unless required by applicable law. 18.3 CONTRACTOR agrees that the services provided under this Agreement shall be provided by Staff that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties as required by applicable law, rules and regulations. CONTRACTOR agrees to furnish BSO with any and all documentation, certifications, authorizations, licenses, permits, or registrations currently required by applicable laws, rules or regulations. CONTRACTOR further certifies that it and its Staff will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws, rules or regulations in full force and effect during the term of this Agreement. Failure of CONTRACTOR to comply with this paragraph shall constitute a material breach of this Agreement. 18.4 At the request and discretion of BSO, CONTRACTOR shall promptly remove Staff providing services pursuant to this Agreement. 18.5 CONTRACTOR agrees to defend, hold harmless and indemnify BSO and 17 Page 1244 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 shall be liable and responsible for any and all claims, suits, actions, damages and costs (including attorney's fees and court costs) made against BSO, occurring on account of, arising from or in connection with the removal and replacement of any Staff performing services hereunder at the request of BSO. Removal and replacement of any Staff shall not require the termination and or demotion of such Staff. 18.6 CONTRACTOR agrees that CONTRACTOR will at all times employ, maintain and assign to the performance of the work required hereunder a sufficient number of competent and qualified professionals and other personnel to service the needs of BSO at the Worksite. The minimum number of CONTRACTOR personnel shall be one (1) seamstress and one (1) account manager who shall each work a minimum of forty (40) hours a week, to accommodate BSO's needs at the Worksite, excluding BSO designated holidays. CONTRACTOR staff shall be neatly groomed, with all tattoos covered, and wear a uniform that clearly designates themselves as CONTRACTOR'S employees and may not wear or adorn any apparel or markings or items related to BSO or law enforcement, fire or rescue public safety. 18.7 CONTRACTOR shall at all times cooperate with BSO and coordinate its respective work efforts to most effectively and efficiently progress the performance of the work. 18.8 The Worksite is within a secured location and CONTRACTOR and its employees and representatives shall follow all security procedures, rules and regulations as to ingress/egress to and from the Worksite and its surrounding areas. Access to the Worksite will be strictly limited to CONTRACTOR'S staff that successfully pass the background checks by BSO. ARTICLE XIX PAYMENT OF TAXES CONTRACTOR shall bear all responsibility for the payment of any federal, state or local taxes and fees, if applicable, related to the business of CONTRACTOR and any payments to CONTRACTOR's Staff. It is understood by both parties that BSO will not, in any manner, be responsible for the aforementioned taxes or fees. It is further understood and agreed that BSO will not withhold any payroll taxes (i.e. federal withholdings, FICA) from the payments to CONTRACTOR or its Staff. ARTICLE XX PUBLIC ENTITY CRIMES ACT In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes) a 18 Page 1245 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of General Services following a conviction for a public entity crime may not submit a bid on a contract with BSO, may not be awarded or perform work as a CONTRACTOR, supplier, or subcontractors, under a contract with BSO, and may not conduct business with BSO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. CONTRACTOR's execution of this Agreement acknowledges CONTRACTOR's representation that it has not been placed on the convicted vendor list. Violation of this Article by CONTRACTOR shall result in termination of this Agreement and may cause CONTRACTOR debarment. ARTICLE XXI ASSIGNMENT This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CONTRACTOR, under any circumstances, without the prior written consent of BSO. ARTICLE XXII WORKSITE PREMISES BSO and CONTRACTOR will mutually agree to suitable workspaces within the structure known as the "Central Supply" building located at 2601 West Broward Blvd. Fort Lauderdale, FL 33312 which is identified on Exhibit B hereto and will be "as-is," provided that such workspaces are clean and safe environments in which to work. Some of these workspaces may be shared use with BSO and CONTRACTOR. The agreed upon internal locations to be occupied or used by CONTRACTOR shall be considered the "Worksite". CONTRACTOR shall not conduct its business in a way to damage the Worksite or overload its electrical capacity or create a fire/safety hazard. CONTRACTOR will place its inventory inside the building's structure as designated by BSO and this will be a shared space. CONTRACTOR burdens the risk of any type of flood, leakage, fire, or other hazard that could befall the Worksite and/or designated inventory locations and damage the CONTRACTOR'S Merchandise, goods, fixtures and equipment. CONTRACTOR will add the Worksite and inventory designated area to its insurance coverage to ensure against any form of premises liability, fire and/or flood coverage. CONTRACTOR agrees that it will allow BSO and any BROWARD COUNTY representative and/or employee and/or agent access to the Worksite and designated inventory area, with a twenty four (24) advance notice if possible, for purposes of inspection and/or inventory of the Merchandise and/or goods or for any structural repairs burdened by BSO or Broward County. Upon termination of this Agreement for any reason, CONTRACTOR shall return the Worksite and designated inventory locations back to BSO broom swept clean immediately. Worksite and inventory 19 Page 1246 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 designated area shall be exclusively limited to servicing orders for BSO and/or BSO employees and CONTRACTOR shall not be entitled to any type of signage. ARTICLE XXIII NOTICE Any notice hereunder by one party to the other party shall be given in writing by personal delivery, facsimile, regular mail, or certified mail with proper postage, to the party at the addresses designated in the Agreement. Any notice shall be effective on the date it is received by the addressee. Either party may change its address for notice purposes by giving the other party notice of such change in accordance with this paragraph. Notices shall be addressed as follows: Sheriff's Office of Broward County 2601 W. Broward Boulevard Fort Lauderdale, FL 33312 Office of the General Counsel Sheriff's Office of Broward County 2601 W. Broward Boulevard Fort Lauderdale, FL 33312 Galls, LLC 1340 Russell Cave Road Lexington, Kentucky 40505 Attn: Vice President of Sales ARTICLE XXIV THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor BSO intend to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 20 Page 1247 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 ARTICLE XXV FORCE MAJEURE Neither party shall be liable to the other for any failure or delay in performance hereunder due to circumstances beyond its reasonable control including, without limitation, Acts of God and governmental and judicial action not the fault of the party causing such failure or delay in performance. ARTICLE XXVI AGREEMENT TERMS TO BE EXCLUSIVE This written Agreement, including any Exhibits, Attachments and Schedules referred to herein, contains the sole and entire agreement between the parties. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations inducing its execution and delivery except such representations as are specifically set forth in this writing, and the parties acknowledge that they have relied on their own judgment in entering into the same. The parties further acknowledge that any statements or representations that may have been made by either of them to the other are void and of no effect and that neither of them has relied on such statements or representations in connection with its dealings with the other. No "click on" or "click through" online agreements or terms/conditions found on the Website or any other communication by and between the parties shall alter, modify, supplement, or replace these terms and conditions contained within this Agreement. ARTICLE XXVII WAIVER OR MODIFICATION OF AGREEMENT No waiver or modification of this Agreement or of any covenant, condition or limitation contained herein shall be valid unless it is reduced to written form and duly executed by the parties. No evidence of any waiver or modification of the terms herein shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising, in any manner, out of this Agreement, unless such waiver or modification is in writing and duly executed by the parties. ARTICLE XXVIII AGREEMENT GOVERNED BY LAW OF STATE OF FLORIDA It is the parties expressed intent that this Agreement and its performance, as well as, all suits and special proceedings relating to it, be construed in accordance with and 21 Page 1248 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 pursuant to the laws of the State of Florida. The laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any legal action or special proceeding may be instituted, commenced or initiated. ARTICLE XXIX CONTRACTOR'S PURCHASE OF BSO CURRENT INVENTORY CONTRACT CONTINGENCY The parties agree that the BSO inventory currently within the Worksite is hereby inventoried on Exhibit E hereto. CONTRACTOR agrees to purchase said inventory of goods free and clear of any encumbrances and hold title to said goods forthwith at the signing of this Agreement. If requested by CONTRACTOR, BSO shall execute a Bill of Sale further transferring title to said title of goods to CONTRACTOR. In consideration of such transfer of goods from BSO to the CONTRACTOR, BSO shall receive a credit in an amount to be agreed upon in a separate writing signed by both parties, and such amount will be reflected and paid towards CONTRACTOR'S invoices until it has been exhausted. All CONTRACTOR invoices shall clearly reflect said credit, and the reduction of principal credit amount per month until the credit is exhausted. If this Agreement is terminated for any reason prior to the subject credit being exhausted or used by BSO, then the remainder portion of the credit shall be rebated to BSO within thirty (30) days after contract termination date. This contract is contingent upon the parties agreeing to the contents and BSO credit amount in writing. The parties shall meet the day before turnover of the operations and contract commencement to inventory the items and establish the BSO credit and sign the agreed upon Exhibit E. If Exhibit E and BSO credit amount cannot be mutually agreed upon, then this Agreement shall be rendered null and void and shall have no further force or effect. ARTICLE XXX WEBSITE DEVELOPMENT AND OPERATION CONTRACTOR, at CONTRACTOR'S sole cost and expense, shall develop and host an interactive Website exclusively for the benefit of BSO and its employees during the entire duration of this Agreement. Said Website shall be built, programmed and operated to suit BSO and its employee's specific needs for ordering any of the Merchandise and goods. The Website shall have the following minimum additional 22 Page 1249 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 functions: (A) Ability of individual BSO employees and representatives to personally order Merchandise to be shipped to either to the Worksite or one of BSO Broward County Division Sub-Stations; (B) User friendly drop down menus for ordering, with displays of Merchandise and size and color options, and a check out cart for processing the final order. Said drop down menus may be modified by BSO directly as needed to satisfy BSO's requirements; (C) Display of BSO logos and patches and color schemes to personalize the Website to BSO; (D) An agreed upon report and notice function available to BSO supervisors of all orders and status of orders. The report function shall be available to BSO supervisors 24 hours a day and accurately reflect all orders placed with CONTRACTOR through the Website. The reports, must be generated in excel and .csv formats and available for download by BSO supervisors. The reports must include fields that clearly identify each order, each piece of Merchandise ordered, the delivery destination, any returns or changes to orders, the time the order was placed, the identity of the person placing the order, the workflow sign-offs on each order and other pertinent information needed by BSO to track and manage Merchandise orders, and tracking shipment information; (E) An agreed upon workflow approval process to be initiated with the order placement and include the employee's supervisor and relevant BSO administrative personnel approvals. No orders shall be processed by CONTRACTOR until the approval workflow process is finalized. Upon finalization, that date and time will be considered the placement order date/time for ordering and shipment purposes; (F) A redundant back-up server system shall be used by CONTRACTOR to recover all data and maintain ongoing functions if needed; (G) The Website shall be hosted by CONTRACTOR in a secure facility and operable 24 hours a day, seven (7) days a week, with minimal downtime for website maintenance, which shall occur during off hour usage; (H) Website, and all of its ordering, workflow and report functions, shall be accessible by handheld devices, both Apple and Android, and compatible with the latest hand held technology; (1) Status e-mail alerts to both the ordering employee and his/her supervisors as to the workflow approval process and the ordering date and the shipment date. If any item is not in stock or cannot be provided, an immediate e-mail notification to BSO and/or the 23 Page 1250 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 BSO employee will be generated and sent to both; (J) All transactions shall be encrypted with sufficient industry security settings and controls. If any security breaches occur or unauthorized ordering of Merchandise occurs via the Website, an e-mail alert shall be sent to the affected parties and the BSO administrative Contract Administer. (K) The Website shall be password protected; a dedicated URL that is not released to the general public and not searchable via search engine key word searches. All communications and identities of Website users shall remain confidential and only disclosed to the particular person placing the order, their workflow approval supervisors, the BSO Contract Administrator and other BSO supervisory staff and command personnel; (L) A "1-800" customer service phone line, as well as email address, displayed prominently on the Homepage; (M) A system to detect and delete orders that are submitted by mistake caused by a "double submission" by BSO employees or representatives within the same 24 hour period; (N) Website must be accessible by all common Website browsers including the latest versions of Internet Explorer, Chrome and FireFox; (0) Website functions must be compatible with PeopleSoft for employee, department inventory, location information etc... BSO grants CONTRACTOR a limited, revocable license to use BSO logos, patches, badges and images, on the Website, subject to BSO approval of the use of these items on the subject website, and such license shall terminate forthwith when this Agreement is terminated. Further technical requirements relative to the parties' duties concerning work flows, data interfaces, computer operating and hosting systems and structures shall be more fully identified in the attached Exhibit F ARTICLE XXXI MERCHANDISE WARRANTIES CONTRACTOR represents and warrants that all Merchandise and goods sold to BSO and/or BSO employees and delivered hereunder in accordance with this Agreement are: 24 Page 1251 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 (A) manufactured and sold in compliance with all governmental laws, rules and regulations applicable to CONTRACTOR; and (B) manufactured in full compliance with all applicable import regulations established by the US Customs Service and the Federal Trade Commission; and (C) warranted for the manufacture's warranty period, to be free from material defects and fit for their intended use and fit for their particular purpose. All manufacturer's warranty shall inure to the benefit of BSO and/or BSO employees and CONTRACTOR shall assist with any efforts to replace or repairs said items under the manufacture's warranties by accepting the returned merchandise, replacing the same to BSO and/or BSO employees and CONTRACTOR then dealing with the manufacturer to seek warranty performance relative to the good. ARTICLE XXXII PRESS RELEASE OR OTHER PUBLIC COMMUNICATION Without written consent of BSO, CONTRACTOR shall not: a. Issue or permit to be issued any press release, advertisement or literature of any kind which refers to BSO, or the work being performed hereunder, unless CONTRACTOR first obtains the written approval of BSO; and b. CONTRACTOR and its employees, agents, representatives, subcontractors and suppliers will not represent, directly or indirectly, that any of CONTRACTOR's products, goods or services have been approved or endorsed by BSO. ARTICLE XXXIII INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION and/or PROTECTED HEALTH INFORMATION CONTRACTOR shall comply with the Health Insurance Portability and Accountability Act ("HIPAX) and its implementing regulations, as applicable. ARTICLE XXXIV MISCELLANEOUS 34.1 CONTRACTOR shall comply with all statutes, laws, rules, codes, ordinances, and regulations of any and all federal, state and local political bodies having 25 Page 1252 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 jurisdiction over the services provided herein. 34.2 In the event either party brings an action against the other to enforce any conditions or covenant of this Agreement, the prevailing party in such action shall be entitled to recover the court costs and reasonable attorneys' fees in the judgment rendered in such action. 34.3 The preparation of this Agreement has been a joint effort of the parties and the resulting document shall not solely as a matter of judicial construction be construed more severely against one of the parties than the other. 34.4 Venue in any proceeding or action among the parties arising out of this Agreement shall be in Broward County, Florida. 34.5 In entering this Agreement, the parties represent that they have had a reasonable opportunity to seek and select legal advice and have relied upon the advice of their own legal representative, who is an attorney of their own choice, or have voluntarily chosen not to seek the advice of an attorney, and that the terms of this Agreement have been completely read and that those terms are fully understood and voluntarily accepted by them. 34.6 The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of the Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein", "hereof", "hereunder", and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or Article where they appear, unless the context otherwise requires. Whenever reference is made to an Article of this Agreement, such reference is to the Article as a whole, including all of the subsections of such Article, unless the reference is made to a particular subsection or subparagraph of such Article. 34.7 Should a dispute arise between the parties under or relating to this Agreement, each party agrees that prior to initiating any formal proceeding against the other (except for the seeking of injunctive relief), the parties will each designate a representative for purposes of resolving the dispute. If the parties' representatives are unable to resolve the dispute within ten (10) calendar days, either party may, upon written notice to the other party, require that the dispute be submitted to more senior representatives of each party ("Senior Representatives"). The Senior Representatives of each party shall meet as soon as possible to negotiate in good faith to resolve the dispute. 34.8 All provisions of this Agreement relating to confidentiality, non-disclosure, 26 Page 1253 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 indemnity and insurance shall survive the expiration or termination of this Agreement. 34.9 CONTRACTOR shall obtain all necessary permits and licenses required to provide the services contemplated herein. 34.10 If any term or provision of this Agreement is found to be illegal and unenforceable, such terms shall be deemed stricken and the remainder of the Agreement shall remain in full force and effect. 34.11 This Agreement may be fully executed in two (2) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. 34.12 Each party, and each person signing on behalf of a party, represents and warrants that it, he or she has full legal capacity and authority to enter into and perform its respective obligations under this Agreement without any additional consent or approval. In addition, each of the parties hereby agrees, represents and warrants that the execution, delivery and performance of this Agreement do not conflict in any material respect with or constitute a material breach or material default under the terms and conditions of any material documents, agreements or other writings to which it is a party. 34.13 This Agreement is contingent upon Broward County's initial and ongoing consent to allow CONTRACTOR operate in one of its owned structures (the Worksite) and if said consent is not secured, this Agreement is null and void and shall have no further force or effect. (Signature Page to Follow) 27 Page 1254 of 1906 DocuSign Envelope ID:25CF084E-C826-4A17-B7DB-CA465579F852 AGREEMENT BY AND BETWEEN THE SHERIFF OF BROWARD COUNTY AND GALLS, LLC. IN WITNESS, the parties hereby execute this Agreement on the date(s) set forth below: SHERIFF OF BROWARD COUNTY E D�cuSigned by: /�� Date: 7/31/2015 1 14:39 PM ET A9D918A1038C427... Lieutenant Colonel Thomas Harrington Executive Director Department of Administration Approved as to form and legal sufficiency subject to execution by the parties: E DocuSigned by: ��f�G 7/31/2015 1 11:20 AM ET By: 770726FFFD2F410... Date' Ronald M. Gunzburger General Counsel Galls LLC DocuSigned by: 7O°" o°O 7/31/2015 1 09:40 AM ET A7A17248AE9F418... Date' Authorized Representative Tom Rose (Print name) vP, sales Federal Employer ID# 20-3545989 28 Page 1255 of 1906 ti m txOm D_ Eco co Y Y Y Y ~ ~ ~ ~ Z m m OO O O n n O O O O O N lD lD lD lD n n n n O O O O n n Y0 O Ln Ln O O O O .ti .ti lD lD O O O O O O O O m (q m m m m H H H H m m m m om 0 0zt `y c c c c w 'v 'v 'v C t t t t t t t t t t t t t t t t U U U U U U U U U U U U 7 7 7 7 U U U U U c m m m m m m m m m m m m o 0 o O m m m m m C LL w w LL LL LL LL LL LL LL LL LL Ln Ln Ln Ln w w LL LL LL T N u N p m Z O Q O OO O O O O O m O O O O O O Ln O O O O O O O O O0 O O lD N .ti CO N v1 v1 O N O O O O N p O O O O O N CO Ol Ol m N m N lD m m O lD N m m 'U O O O O lD m m n 7 I, m m lD m m m 0 Ln CO •� O O O CO 7 N m N N 17 m O m 17 n V1 Il W 7 N0 7 lD m N 7 lD N t N r, N NJ) W N M J) N N lC F- 00 OO O O NN N Nm m m m m m m m N N N N N O o 0 o m m m m m m m m m m m m 7 7 7 7 N N N N n n n n D7 D7 D7 D7 Ztt7 N y N N N Nm m m m N N N N N N N Nm m m m m m m m a —_ C.1 i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} lC 'C C7 a U U U U U U U U U U U U U U U U U U U U U m m m m m m m m m m m m m m m m m m m m m 7 m m m m m m m m m m m m m m m m m m m m m 0 0 0 0 0 o O O Ln O O O O O O Ln O O O Ln O O o O O O O Lr) m N lD a Ln Ln O N Ln Ln O N lD Ln Ln Ln N Ln N lD N N N N N N N a m N T >• p p Y p O Y p U m u D_ U r.+O bA m O m m O Q mco Q m m U U m \ > T U \ n 3 •' \ n 3 ° O p Y C U m y. p Y C O D- U Y Y m m m T > U U U m m N T p > W m m m > m m m m m O > U m ° Z L7 \ >, Z T 0 >, \ c \ 3O co 3 m m m m m 3 m ° D_ m ° V C m Vf m 0 0 ut m C N D_ m N D_ Q m 7 N O >• 7 > p U p U p m 7 ai m p >• 7 > p U U m O L7 > p m m O m O m O > O m O2 m Go (.7 r i H Z r Z ~ m r °� H C7 r 0 H O Z r Z m n] C m 7 -p O Oai m m N mU -p U 01 m 7 J 7 J 7 00 J 7 T O V 0 m p m 0 m 0 m 0 m m 2 H H m H H H H H H H H c .'y D_ H p H D_ r •H H H r N ut i m i m ut i N i ut i N i ut 0 .N� 0 j 'i -p 46 > .pmi m i > N� >i m Lij 0 O Oj OCij OCij 46 U aj uCt U O n O O 0 U N N m 7 Ln lD I, W Ol O N m 7 Ln lD I, W OlAage OOOOOOOOOOOOOOOOOOOOOOOOOOOOj Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Qmmmmmmmmmm m m m m m m mm ma) 0 O O O O O O O O O O O O O O O O O Ox Y 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 1256 of 1906 N OJ bA O D_ N E O O O O O O N N lO 7 O O O O O O O O lO lO O Z O O CO CO W W W CO O O I� N O W W K K ^ ^ K K n n K m Ln � n Ln Ln LnLnN N Ln Ln � (q a co co .� .� m m .� .� co co .� N 7 v v v v v v v v v v v v v E E E E E E E E E E E E v v v v v v v v v v v v t t t t t t t t t t t U U U U U U U U U U U u U c OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ O " O " O " O " O " O " O " O " O " O " OLn Ln Ln Ln Ln Ln Ln Ln Ln Ln " m e m c m c m e m e m e m c m c m c m e m e N O N O N O N O N O N O N O N O N O N O N O O O O O O O O O O O O O O O O O O O O O O N t t t t t t t t t t t U U U U U U U U U U U N i i N i i N i i N i i N i i N i i N i i N i i N i i N i i N i OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ w 0 T ut ut ut ut ut ut OJ ut OJ ut OJ ut OJ ut OJ ut N 7 77 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 c o u o u o u o u o u o u o u o u O o o W c t m c t m c t m c t m c t m c t m c t m c t m c t m c t m c t m Q Z O O Ln Ln Ln O O O Ln O O O pp O O N Zt. O O O O I" O O O c CO N N N 7 Ln Ln O7 7 Ln Ln Ln 'U CF) lO O m a O �O co r - m a rl Ln m O r, m a N N m CO N O m 7 m W I, N N v) J) v) J) J) v) v) co m lO - C7 76 O H N m m m m Ln Ln m m m rl� m m m m m m m m .i N y 7 m m m m m m m m N N N — u v) v) v) v) v) v) v) v) v) v� vn vn iC 'C C7 a U U U U U U U U U U U U U � v v v v v v v v v v v v v Ln Ln O Ln Ln Ln O O O Ln O O O N N O N lO CO O O 7 CO O O O a N 7 N N m N N Ln Ln Ln m N N cli C U C L L L L N i N O N N N U6 T T T T Ur T O N D_ N D_ N D_ N D_ U D_ N o o L o � o i o O_ v o o O 0 _T 0 T 00 _T m O Y OY O Y O Y O Y O D_ i 3 i D_ i D_ i D_ i D_ D_ V m 0 v7 oU N o 0O O N O O 0 t O 0 v7 00o 47 N £ YN Y N 0 N 0 0 0 N Y OJ i c i OJ i m N Y L N Lai •— OJ L -6 •� a L V N Ln 2 \ \ N \ N \ N aib2 CIJ OJ O Ti O W O U m 2 O �° O 2 O �° O 2 O V 0 U N N m Ln lO I, W O7 O N m N N N N N N N N m m m m m O O O O O O O O O O O O O n D C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD W m m m m m m m m m m m m m c � O O O O O O O O O O O O O lD lD .ti .lDti .lD lD lD lD lD lD lDti .ti .ti .ti .ti .ti .ti age 1257 of 1906 m m on m CL N L E � O O O O O O O O O O OO O Z O O a aZt Zt O O co co d vii LLnnLn Ln `^ `^ Ln Ln = Ln Ln Ln >, iO cc cc iO iO cc cc Ln Ln ti ti ti Ln Ln Ln Ln Ln Ln co co (q .� co co m m co co Ln Ln Ln N 7 v v v v v v v v v v v v E E E E E E E E E E E v v D v v v v v v v aJ t t t t t t t t t t t a m U U U U U U U U U U U m m m c m m m m m m m m m m m C LL LL LL LL LL LL LL LL LL LL LL C7 C7 C7 O " O " O " O " O " O " O " O " O " O " OLn Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln " m e m e m e m c m c m e m e m e m e m c m c N m N m N m N m N m N m N m N m N m N m N m O m O m O m O m O m O m O m O m O m O m O m t t t tt t t t t t t m U mai m U m U m U m U m U m U m U m U mu U U U U U U U U U U U m m m m m m m m m m m N i i N i i N i i N i i N i i N i i N i i N i i N i i N i i N i i Q QQ m m m m m m m m m m m T m ut m ut m ut m ut m ut m ut m ut m ut m ut m ut m � C C C U O O O c N 7 77 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 — — — C U O U O U O U O U O U O U O U O U O U O U O m . Z c c c c c c c c c c c O O O Q O O O O Ln O O O O O Ln O O O W O Ln Ln O I" O O Ln Ln O N O O O c O Ln .ti N Ln O N O .-y Ln O O O 'v Ol N lO m m N Ln Ln O N O O O •i .--� m 17 n m m N 0q, I, CF) O O O O_ Ln r, N NJ) N i/) Ol m i/) l lC H Ol .-y .ti .ti .ti O O .ti .ti .ti .ti O O O .i m m m m O O O O O O O O O . V1 Ol Ol Ol Ol N N N N y N N N N N m m m m m m N N N —_ C.1 J) J)i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} lC 'C C7 a U U U U U U U U U U U U U U m m m m m m m m m m m m m m � m m m m m m m m m m m m m m O O O O Ln Ln O O O O Ln O O O O Ln Ln O N Ln Ln O N O O O a O N .-y N .ti O O Ln m m m m m U U 7 7 L L Q Q m T ?) N N U c C c c c 7 m CL O 2 O O O Q m Ln -I Y Ln 0 Ln Ln (7 N o O m u O m U m U m C7 m �- \ Ln T \ Ln \ \ Ln U 7 T lD T lD T lD T lO N i CL CL m i m N O t Ln t m t Ln t Ln Ln t o_ ic U Ln m m \ V m Ln m Ln m t w V) Go N �O \ N lO J N 7 N 7 O N Y N � Y N Y N � Y Y N O O 47 m C c � m c '� C V7 � N N O c O_ CL -0 m L m O N _0O t m O N m O N _0 c m J m O m \oLn N J N \ \N o N m N O N mO w—N m m NN O m O O U mO Jm \ E m 6 m Ni m > > > O m > O m > O > > O Ln O a O a O a O a O aOv Om -.p— m— O C7 0 U N Ln lO I, W Ol O N m 7 Ln O N m m m m m a a a a a a Ln Ln Ln � ti ti ti ti ti ti ti ti ti ti ti ti ti ti O O O O O O O O O O O O O O n � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k W —� m.ti m.ti '.tin '.tin '.tin '.tin '.tin '.tin '.tin '.tin m.ti m.ti m.ti m O O O O O O O O O O O O O O .ti age 1258 of 1906 a m txOm CLE z > Ln O O O O .ti .ti .ti .ti N N Z N •--i .ti .ti .ti .ti .ti .ti .ti m m O O zt Q Q Q Q Q 7 7 N cn m m .� .� N N N N 0 0 0 0 0 m m v7 u N N N N N N n n H H H H D_ D_ O O O O O � N U U U U U U U U Ol Ol O_ O_ O_ O_ N N N N N N N 2 2 d m m m m m m m m - - � U O O O O O O O O j m m m E c c c c c c c o — c c `o `o `o `o `o `o `o `o m m m m m m o `o m ^L (7 U U U U U U U U w w cC cC cC cC N N Q Q Q Q Q 2 2 cC v v v v v v v v m m m m m U U U U U U U U U U U U U C C C C C C C C C C C C C T T T T T T T T T T T T T mmmm mmmm clic Cli Om Q O -O T N NO C-O_ O OW uO O Z O MW w w Qm O OO O O O O O O Ln O O O O O O O O O O O m O Ln O pp O O O V1 Ln O V1 Ln Ln N m Ln Ln Ln m O O O O V1 Ln N O I, O C O m m N I, O n N n n N O Ln Ol N Ln O m N N lO N N r, 'U O I, n lO w m w lO w lO I, m n Ln co co lO m N m N 7 m N N •i O Il Ln 7 Il W Il 7 Il LnN r, .--� n .--� N m O .--� .--� to lb O Ln r-, O_ N co m I, n Ln lO I, n i/} i/} i/} i/} i/} i/} N i/T N N N J-} i-} lO c-I l/T N N l lT l lT l lT l'T l'T l'T l'T l'T l/T a lC H O LnLn Ln Ln Ln Ln Ln Ln m m .-y Ln m m Ln lO O O Ln O Ln .ti .ti co O co -i W -i co -i W -i lO N lO Ln co Ln Ln Ln co Ln co Ol Ol O N V1 I, Ol N V1 I, Ol N N I, Zt n V1 CO N O N m V1 O O Ol N y N N N N m N N N m N N N N N N N N N N N N N lD lD N lC 'C C7 a m u u u u u u u u m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m � m I v v v v v v v v m m m m m m m m m m m m m m m m o OO o 0 O O O O m O O O O O O m O O O Ln Ln O Ln Ln O O O Ln m O Ln Ln Ln N .--� Ln .--� Ln .--� O N O m m N N0 N N a Ln m m N N O N N N N N N N N J X C X J J J N X X X YO > mX tXN m a X N m a o m U Z O_ i2 i2 O O OO O O O O U C T C CO N N O O O O J N U U U U U U U U m O_ — Ln J X T CO O Ln m lO > N L 7 7 7 7 7 7 7 7 >, O- O m U \ m \ Ln m X J J J J m U pWj O O O O ,O O O O > o \ T Ln Ur X X X X z N •i •i •i •- m >, Ln lD O N N m 7 V1 L N m m m m m m m m Z O O lO O i C d i C -O -O -O -O -O umi U > CL Lnm v m t v c c c c c t v Z Ji i i i •— •— •— •— O N m D \ N J J J J J U Y Y U O t t t t \ D L\n o Ln � = u N N N N o Ln T O0 T T T T N T u v v v v O Go d O O O O O O O O O N lO m r m m > 0 m X > m m m m m U X r O O O O O N i C7 N C7 ` C7 N m •`- ('J m m m m m m m N m N 47 - O O O O O_ O_ O_ O_ .-y .- C m .- Z in Z in N C •C C Ym Ym Ym u C V v0v Oai � Ym Ym uOCJ ' uo Um YmI m N m r Y UXU X •N NX i \ ' O O O O O mCCCC m C[J >m m > m > C C C C C -umc m � N > > > m > O C m > O W O O z 2 Z O Z Z O a D Z O a O> u- Ci v 0 U N m a Ln lO r, co m N m a Ln lO r, co m O N Ln Ln Ln Ln Ln Ln Ln lD lD lD lD lD lD lD lD n n n � ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti O O O O O O O O O O O O O O O O O O n > Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lO lO lO lO lO lO m m m m m m m m lD lD m m w m m 'n. m m m m m m m m m m m m m m m O O O O O O O O O O O O O O O O O O p� N 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 .ti .ti .ti .ti .ti age 1259 of 1906 Ln m txa m D_ 7 ^ ^ O O O O a a Z > N N Y N Q Q Q Q QOl Ol Q Q Q Q Q O O Ol Ol N N Ol Ol 7 7 7 7 tititititi � tititititi titi titi = Ln Ln x x x x 0 0 0 0 0 m m 0 0 0 0 0 N N =O O O O N 7 u w m e c c c c ,� c c c c c -° -° -° -° `—' `—' x x x x Q Q Y D D D D m m `m `m `m `m E E u u YY � m 7 7 7 7 7 U U 7 7 7 7 7 -O -o -o -o T T O O m m m m ^L CC Q Q Q Q Q o o Q Q Q Q Q w w w w O O > > > > m m m m m m m m m m m m m m 7 7 7 7 7 7 7 7 7 7 7 7 7 7 U U U U U U U U U U U U U U C C C C C C C C C C C C C c T T T T T T T T T T T T T T m m m m m m m m m m m m m m -o -o -o -o -o -o -o -o -o -o -o -o -o -o T N O O O O Oi O O O O O O O O O u c C F F F F F F F F F F F F F F W Z w w w w w w w w w w w w w w Q OO O O O Ln O I, O O O O m O O O O O O Ln O O O O O W O O O Ln Ln N0 N O O Ln Ln N O co O 7 O O N N O O O O c O O m N N lD O m O m N N lD co 7 Ol n O m m O O Ln O 'U 7 m N m N 7 m N m N m N 7 n m c0 N Ln c0 7 O O I, Ln •i m 0 lD lD N in O lD lD Ol N W N O N O O m N D_ N lC H OO O m O m O r, O O m O m lD co lD co O am a O O O O O Ln Ln co Ln co O N Ln Ln co Ln co Ln 7 Ln O co m co O O Ln Ln . a O N m a Ln m Ln O N m a Ln m m m m m O m m o o N N N y m N N N N N N N N N N N N N N N N Ol Zt Zt Zt Zt 7 7 in in i/} i/} i/} i/} in in in in in in i/} in in in in in in in in in i/} i/} lC 'C C7 a m u u u u u u u u u u m m u u m m m m m m m m m m m m m m m m m m m m m m m m m m m m � m m m m m m m v v v v v v m m m m m m m m m m I m m O OO O m m O O O O m m O O Ln Ln O Ln Ln Ln O O O O �--� O Ln Ln N N N O m m N N Ln N N Ln N N Ln O Ln O a N N N N N N N m a C D_ > O ° u O c + O m c aj o j T m > m r.+ NbA F J O J U \ N m m m O O O m J o Ln J >' O O CrJ U z m N J O O D m m c \ N Y X J X J X \ Ln X J X J X D_ U N N m � m o N m x Ln D N m x n o m ° m v > o 2 E 2 7 O Y U \ ?j -O -O m -o m D_ - 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O m c m e _T lD ( Z N O ?) N N V m J J J C J m O_ m J J J J ° Y D_ Y m - C Y O i \ O O Q c c c J c m y c c c J c D_ Ln oU O m O m X t m X O U 3 3 Y 3 O \ 3 3 Y 3 Ln ° m t u Go o 0 0 o ^ > ° o ° o \ n ° n ° n 5 O 5 u axi m` m m` m m` D v m m` m m` m co m m y v v oo Yo Y a Q m m m m m 5 m m m m m m o , t N t r > m r O > r} m m m m m m L m o N m m m m L m N m N m N N > .`_ m m > o m ami x Y U Ln N N N x N N x N x L N m x D_ •� Ln U txo m e c c c c ._ > m c c c c c m m m m ._ m (7 ._ m w 12 o m m m > o 0> 33333 � z0> a33333 � 0> J0 � 0> 3 � 0> > a0ul > m0J 0 U N m a Ln iD r, as m O m a Ln iD r, as m O .� co co co co co co co co co co m m � ti ti ti ti ti ti ti ti ff ti ff ti ti ti ff ti ti ti ti a� O O O O O O O O O O O O O O O O O O O o � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 > Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD lD lD lD lD lD lD lDlD lD lD lD lD lD lD lD lD W m m m m m m m m m m m m m m m m m m m c E O O O O O O O O O O O O O O O O O O O Om N 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 � 0 Page 1260 of 1906 cii txO CL n O O m m 7 O O N N N N O O CO CO Z O O r` r` N N N N N N Y Y 7 N N 7 Ln Ln O O m m N N CO CO 00 00 aT+ X X m m m m N N N N00 CO w > 5 n n n n n n Ln Ln a s m m m m LL LL LL LL LL LL W W Ln Ln Ln Ln d w X X OJ OJ OJ OJ OJ OJ OJ OJ �p �p f0 f0 f0 f0 v v 7,- 21 o O o o O O O o v v Q Q Q Q > > a a a a a a a a cc cc Ln Ln Ln Ln v v v v v v m m m m U U U U U U U U U U N C C C C C C T T T T T T d Ud U d U d U OJ OJ OJ OJ OJ OJ N to N to N to N to y O O O O O O -WON -WO U N N N ai m m W Z W W W W W W O m O m O m O m Q O O O O O O O O O O O O N N N N bA O O O r` O r, O r, O O Ln N Ol r, O O Ln m Ln m O Ln O O CO m CO CO 7 7 •L N t N i/) N i/} Ln N N lO 7 N J) J) N ,J) J) a lC H O r, O O O O O O Ol CO N N N N O O V1 V1 V1 V1 V1 V1 7 7 CO 7 V1 V1 V1 V1 N yZt Zt N N N N N N N N 7 V1 00 00 7 7 in i/} i/} i/} i/} i/} i/} i/} i/} i/} ij} ij} j j C7 a` UU U U U U U U U U U U U U U U U U U U v v v v v v v v v v v v v v v v v v v v o OO Ln O Ln O O O O O Ln O O O O O O O N O N O O O Ln O N O Ln O Ln a m N N N N N Ln N N CO m Ln N Yu 00 £ y U O m �"� f0 i d d > Vf N CO ai Y Y C N O O m L — C O N OJ N m v v > t U to >, E Ln o ^ n U U v v v N C OJ p m N \ Q O N Y N Y to OJ Y E C T v m Y — Y N o O m Ycii z O m c c v v 01 N ut N u N O W U m +.' T O U c bA C OJ ^ CO ti \ N O m m O to T T cliO N c 7 > �n m 0 Y C O �O c m c m 1 ` O m QJ m �p N O N u Co U N U N ,0 N f0 U O xx V7 LL C LL Ln Lnz Ln Ln O O m > O N i OJ N i O i CO i Y d Y Y ❑ O X r` N > r` N Ln OJ m OJ Q r N Y N O_ N O_ CO Y c] O � N Q v Q Ln Q O Q O N N W .�., -6 t .�+ -p t > f0 m > ) N m O N Oi V1 Oi d W N O_ OJ O_ f0 y to f0 y to LCL LL d LL d W . CC O_ to m O_ to m c '6 H c '6 H i i i VJ In C C X L N ai QJ N N L QJ N QJ N QJ N Q N N V1 (Yp N V1 3 N v N v ra U m v o > v ° t > o ° > t ° > ° > �W > 'Q m > U 'Q > u 0- 1E ? o > 3 �? o > 3 w = > a 0 vJ a O a a 0 vJ a O a 0 cc O vJ vJ O vJ O H c O m H c O m v 0 U O N m 7 Ln lO r, CO Ol O .� N N m a Ln m r, co m O O O O O O O O O O Ol Ol Ol Ol Ol Ol Ol Ol N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O n 0 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 > Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD w m m m m m m m m m m m m m m m m m m m m m m m m m � E O O O O O O O O O O O O O O O O O O O O age 1261 of 1906 r, a, txa CL 00 o o o � m m m o E z 00 00 0 aT+ N O p p O O v1 in in in lO O .-y 7 N N O O N m m ¢ ¢ Ln Ln r` 7 7 7 J r, O (J O O cn a a m m 2 U U 2 U (.7 m Ln in m m m m d a O v E E E OJ O o 0 ai ai J E E E v a v v m c v t m` v v -o � o 0 o ii in (7 C7 U' in in v v v v v v U U U U U U C C C C C C T T T T T T aJ aJ aJ aJ aJ aJ N O O O OO O i i C -0 _a -0 aJ txO Z w w w w w w ¢ OO O O O O O O O O O O O O O O O O Ln Ln Ln O pp V) Ln Opp Vl V1 O O Vl V1 a0 a0 N O -i 7 lD r` r` r` r` V1 O lD r` O O 7 7 O N m lO m m O O O lO lD lD lD lO O 'v CF) O 7 O 00 m m 00 Ln m r, r, W 00 m m lO Ln lO lO Ln 7 i �--� �--� 00 00 O 7 O a0 m Nm m Nin N m in in m m Zn m d .ti Ln m 7 7 .--i a0 .ti th t) th th th th th th th th N .� to to to to to to tolj' ma- C7 76 O H m Ln NO m m Nzt r, m m m r, O r, r, m r, r, r, r, r, m O _j O N a0 -i lq O m m m lq O lq V1 m lD lq lq N N m m lD r, m Nr, r` Ln lD lD 7 7r, lD m V1 N N m N y m m j' j' N N m m in in in in in in in a in in j' j' in in - u v� v� v� v� v� v� v� v� v� v� v� iC 'C C7 a m m m m m m m mw w w w m m m m m m mm CU 7 v v v v v v v v v v v v v v v v v v v v v v o OO O O O O O O O O O O O O O O O Ln Ln Ln O Ln Ln Ln O Ln Ln Ln Ln Ln m lO lO lO N m N N N N N N V1 > > r z 0 0 = a 0 Oo N O O (� Z H ¢ CC O tai n c n U ¢ N z Z a v a c x G� H v¢i O �n r aJ i O H C W U v Y Y (7 o m w U Z U z Or O n n > U in U > W O a 2 O U x of v H ,v H D ¢ O J (.7 o m 0 Z U ❑ O O O t N J (7 to = " �y�j p Go n `n `a o t is m o o a O �u Ln Q Y Y Q O a co u `O .0 o > CL 3 `n ¢u CU = = w w x Z x U U m t7 _ _ ¢ ¢ ¢ ?j w U. J J Y Y V O O i N N i N U H m m > N m m U U a] U a] U L N N Y N N Z Z W ¢ ¢ N ~ N ~ +N+ N i N i C] •Vf C7 CC CC U > H O O W } } J J U E O ar ar ar ar z 0 0 F- O O Z Z U u Z Z m m m m t o > > 3 > ¢ x U U ¢ x J ¢ O Ln ¢ ¢ = �n C� �n Ln C� O O �n O m U ¢ ¢ x �n (7 a x ¢ J J ro U N m a Ln m r` 00 m O N m a m r` 00 m O N m a N N N N N N N N N N N N N N N N N N N N N N N a� O O O O O O O O O O O O O O O O O O O O O O d C Xk lD lD lD 'n 'n 'n lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD w m m m m m m m m m m m m m m m m m m m m m m E o O O O O O O O O O O O O O O O O O O O o O age 1262 of 1906 00 cii txO CL 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � c c c c c c c c c c c c c c c c Z m m M E E E E E E E E E E E E E E E E y m m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y O o O o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W m m U U U U U U U U U U U U U U U U v v 0 0 � 0 0 0 c c v v v v v v v v v v v v v v v v O Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m cli T N � N � tx O Z O O O r, r, O O O O O O O r, on O N O lq lq O O O O O O O O O O O O O lD c O m O .� .� m m m m m m m m m O O a a a 'v O a v) v) J) ma lC O H O 70 I, n O .-y �--i .-y �--i .-y �--i O O O O O O I� 7 O 7 lq lq O O O O O O O O O O O O O lq N mm m m m m m m m m O O 7 7 7 V i/} to to to to to to to to to to to to to lC . C C7 a � v v v v v v v v v v v v v v v v v v v O O o Ln co Ln a N K � Q J J Q 0 o w u M z o Q O N Ln O O W OJ Q W c CC (D (D Q c ro C7 C7 C7 O Q 00 °� Z M w \ \ CC °o Q O c Z O N Ln m J Q < J C7 a a O J Q p O U < < N Q O Ln `"y CC CC Q r d U Q � H N J U Q - H H M ti U N H Ln OU Q 00 n a Q w m U U c m Ln u: LL LL LL LL LL LWL LWL N Q Q c Y Z Z m m O LL LL LL LL LL Ur c Q m — — Z cc cc cc cc cc w w J 'n 0 O O ON N m (JLn 7 a a a a a a 'n v=i w w JO (.7 .� Y Y J J J Q Q Q Q Q Q Q Q Q O O \ coo Q Q Z Z Z Z Z Z Z Z Z Z Z O Em c O O C7 C7 C7 C7 C7 C7 C7 C7 C7 U y w w O Oin in in in in in in in cQc W r r N U U Z Z Z Z Z Z Z Z Z J J J J C O LL U Ln lO 7 Ol O N m 7 Ln lO I, W Ol O N m 7 N m m a a Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln c c c c c ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti � ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti n � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD LU m m m m m m m m m m m m m m m m m m m c O O O O O O O O O O O O O O O O O Oco O Age 1263 of 1906 CF) a, txO CL m m m m m m m m m m m m m m m m m m m � m m m m m m m m m m m m m m m m m m m m m m Z E m m Ln m Ln m Ln E E Ln E E E E E E E E E E E E E E E E E E E a) 0 m O m m m m m o o n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y V O O O O O o UH H H H H H D D Q D D D D D D D D D D D D D D D D D D D cn Un Z Z Z Z Z Z U U U U U U U U U U U U U U U U U U U U U v v v v v v v v v v v v v v v E E E E E E E E E E E E E E E E E E E v v v Y Y Y c c c c c c c c c c c c c c c c c c c — — — — — — — c c c c c c c c c c c c c c c c c c c Ln 0 a a a a a a Ln 0 E 0 a v v v v v v v v v v v v v v v v v v v � �n � (7 C7 C7 C7 C7 C7 C7 in � �n � (7 a a a a a a a a a a a a a a a a a a a T N � a) � N O Q Z I, Ln mm m m m m m m m m m m m m Ln m m m m m m m m m pA lD c-I V1 V1 V1 Ln Ln Ln lO lq m n n n n n n n O V1 I" n W CO I" n n n n O .--i .ti .ti .ti .ti .ti .ti .ti N N .ti .ti O O to n n n n n n n n to to to to to to to to to to to to to to to to to to to to to - d C7 76 O H r, �n m m m m m m m m m m m m m m m m m m m m m m m m m lq c-I Ln V1 Ln Ln Ln V1 lq lq m O Lq n W CO I" n n n n O .--i .ti .ti .ti .ti .ti .ti .ti N N .ti .ti O O N y v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} V 6 'C C7 a m m m m m m m 7 v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti a G'J U p vii w w wQ Z O _ N O �yJj c-I N z z Z z J J O z p Q O CC 2 O w LL to 2 Z Z N N J J V7 Q Ur 2 r z p CC Z Z Z Q LU—L U Y Y N w O Q °� Z n Z Q O O w p Z W Y Y O W Z w M CC Q = - - Q Q U U Q ,,,�,, " O w cc LL w w p SJ U 0 N O O Q Q J > Q W Y U H U w W 2 2 w CC H Q C7 C7 m m p U cc Q to w W W a U W U Y in \ \ >j >j U J Q U_ w 2 Z Z w U U in W Q p Z Z cc cc Q cc CO 0 w w w J 0 Z `n Q O Z w w p p w w p w = W Z ?j N J N 2 in 0 w w J J > > m O 2 Z p H C7 C7 cc Q U w Z H a Q cc cc O O ti 2 U p W = cc Z Z w > J a m m CO C7 C7 C7 C7 vJi vJi (7 2 Q 'n w U M Or Y Y Ln Q Ln w U = O H = CC v7 r r d Q 2 CL z C7 C7 C7 C7 C7 C7 J `n �? �? p Q O O < in °� Q Q O Q I Z H H H H H H J J 2 2 — m U U U U Y d d d In v7 v7 H > Q CC W W W W W W 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 E a o < < < < < < F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- W +�' z z z z z z z z d d d d d d d d d d d d d d d d d d d d v — 0 w U Ln lO I, W m O N m Ln lO I, W m O N m lO I, W m O N m Ln lO I, W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d j Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q C Xk lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD m m m m m m m m m lD w m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Om a7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 age 1264 of 1906 O ti m oO m CL `m n E N N > > N N Z > > l0 l0 In In m m N m m Co Co m m w w m m .T. � � r, r, r, r, O O O7 � Ln Ln Ln Ln Ln Ln a a N lC w w r Ln m m Ln N Q N m m m m m m U Q O Q O O_ O_ O_ O_ O_ O_ m ^L In U In U In In In In In In Ln Ln w N — t m m m O Y 0 Y—T Ucm cii m m aj aj YOOm m O Om m O O m -O 6— = -O .— — -O — O m OO u CO Q C QO N mOmmm_ cij >c ,m ON mO — m-O O O uO- U 7 ' u U ' U O pm m , mO mO Q Z E m 0 m 0 m 0 Z O OO O O O O O O O O o 0 0 OR pp O O O O O O O O O O O O O O O c l0 O 0 O r` r` a a ti ti O m m Ln W 7 m lO lO m m c-I m O •i r` r` a' co N' N m m W ti In o_ t,J) t) 00 m" lOlO' .--i .ti —Z l0' c-I J) J) J)i/} N N N N 7 lC O H lO O OO r, r, r, r, c-I c-I O o 0 0 0 V1 W N N lO lO l0 l0 O O O O r` r` N N N N lD lD CO N N m m m m N y J) L} O) O) lO lO O O Ln m V J) J) J) J) N N N N i/} ld •—` i) J) J) J) a C7 m m m m m m m m m m m m m m m � m m m m m m m m m m m m m m m O O O OO O O O O O O O O O V1 O O O O O O O a N N N N N N N N N N Ln N m Y 4� N u m CL U m CC CC C U m Yj T C T m i V O_ �- �- O_ L U d m c L m m c Go '= •m umi 'm umi Y cc Y cc m V�1 U m m m O �, >, d O m O Ur r m Y b00 bA O O m m w m V N m 2 mcli N K K m o cli m •� N i i N� ut CC > N i UtxO m U E C w O m m46 m YO m m C N 7 LijI +_ CC O x O x O O O v m m In 0 W U Ol O N m 7 Ln lO r, W Ol O N N Ol O O O O O O O O O O N N N N N N N N N N N N N N O O O O O O O O O O O O O O 0 � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD lD lD lD lD lD lD lD lD lD lD lD w m m m m m m m m m m m m m m c E O O O O O O O O O O O O O O 7 7 7 7 7 .ti .ti age 1265 of 1906 ti ti cii txO CL E z d >, cn d v �a c �a � E -0o OJ • -0� � � Y •E -0� � � Y •E -0� � � •E w w w vv v Y � Y ° aw ° °v ooo ° -° O O O ° vo° v o C O v Q +v,, C O v Q pi C O v Q Y C O v Q +v,, T U N ° T u T O �' 'G T O �' 'v T O �' 'v T O 0 LlO O O OclJ -E Z m 0 m 0 m 0 m 0 Q 0 0 0 0 0 0 0 on O O O O O O O c a m C7 76 O H 0 0 0 0 0 0 0 O O O O O O O m m m m m m m N y S2 lC 'C C7 a u u u u u u u UU U U U U U m mcli mcli mcli CU mcli CU cliN N N N N N N a N LCL N V CU U Go 0 Y = w H O v 2 m Q = d N UU0i p Y d U til w 2 m N d LL a- m m V1 lO N m 7 O O O N N N N N m m m O O O O O O O n co ° C7 C7 C7 C7 C7 C7 C7 N 7 7 7 7 7 7 7 0 Page 1266 of 1906 N N tx m CL N � � d c N N C N N Ln Ln w Z 2 2 V � � w N OJ U U 0 0 2 2 N N O Z O Ln a cq y m a � m m 6 r a O F vii Qm m N co co y N N 0 v} v} lC C7 a` Ln Ln Ln O O m m o o m E ti ti O O O O a a a a LLnn LLnn LLnn LLnn LLnn C N N N N ON ON Ln Ln N N Ln Ln Ln Ln lD Z7 N N N N W CO CO CO Ln Ln Ln Ln Ln Ln Ln Ln r` w Z S S S S a a a a00 co co co m m m m N O E E E E v v v v v v v v v v v v v v V, V, V, V E E E E E E E E E E E E E v v v v v v v v v v v v v v v v v U U U U t t t t t t t t t t t t t 12 12 12 12t t t t t t t t t t t t t 0 0 0 0 U U U U U U U U U U U U U c v v v v v v v v v v v v v cli7 U N N v N CC O v Z LL O Ln O lO O O O Ln O O O O O O O Ln O 7 CO CO Ol O Ln .ti Ln Ln O O O O N Ln N Ln Ol Ln c-I Ln c-I O N Ln O Ln lO m r, r, r, r, c-I c-I O CO Ol r` Ol Ol 7 CO Ln O Ol V1 m Ln N CO Ol m N N m O Ln N m 7 N - c-I J) J) J) m c-I J) J) m N Ln N c-I J) c-I J) l/} Ol Ol Ol Ol N N N N Ln Ln Ln Ln N N Ln Ln Ln .i .i m m .i .i .i .i m m a a m m ti ti m Ln Ln co co co co co co m m Ln Ln co co r` r` m N y N N N N m m m m N N N N N N N N N lC - 101 a` U U U U U U U U U U U U U U U U U � v v v v v v v v v v v v v v v v v O Ln O a O O O Ln O O O o O O O Ln O lO .ti N0 Ln .ti Ln O O O Ln .ti Ln .ti Ln a N Ln N N N _ W W Z Ln M M C7 p O mJ J \ m m O Zm m rLn W W J 0 O \ O Z W Z W W m u m U z Z cC F- 0 O p cC ~ x } O w Qx w Q x m O u r z p F- Y } M 2 3 M 2 3 w O U o cc O a OO Q m m m m J J z F F- Y t�L W H N H O O J z Z_ K K Z K � K co 2 x 0 in x \ ?� O H 2 2 CC 2 2 L" U } N d Z Q Ln 2 Ln Q Ln 2 in N V) J Y Q H Ln ?j Ln Ln Ln O V w � o W O F a V V V V F- Q u Ln w w `n w Y Q } O `n m cc N cc cc C� H W N H w W CC d > w Ln H H H H N Go `n Lnx vJi O Ln Q V) Ln V) V) vxi w w C7 w 0 (D w z z O z vxi w vxi w vxi w vxi w w m N z cc z } J Q } O L L L Ln Ln x w in Z > Ln > Ln F- w w w w Q w w w Q w Ln Q w � w w w w V O N Z Z J N Z d Z N ~ Z Z N O O N O N O N O N Z co w Ln O w `n Ln O J Ln W J u N > = r U = - J CC m J CC } CC CC CC CC w J > C O z > � w > L\n O > � _ O u O u r O O O a O O O O 0 LL U r, CO Ol O N m 7 Ln lO r, CO Ol O N m N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O n � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q LU 4k m m m m lD m m lD lD lD lD lD lD lD lD lD lD m m m m m m m m m m m m m m m m m O OO O O O O O O O O O O O O O O ) N 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 � � .ti .ti .ti .ti .ti .ti .ti Page 1267 of 1906 0 m ti v txOm c0 N d N � a E ... O (q Z N 7 v lC w 7 C lC N N O Z N - is O O E F- 76 lC C7 a` m O O m m O O `m aaaaaaa .NT. 00 00 > > > > Ln Ln Ln Ln Ln Ln Ln 00 z z z z E NO O O O Ln Ln 00m 00m a a a a O O O O O I, n n N N N N cy r, cy I, CL CL CL CL U U U U 00 00 00 00 U U U U d d d d N E E E E E E E O O 'a 'a m m m m 7 t t t t t t t Y Y Y Y Q Q Q c- uu u v u u uO O O- O- O- O- c OJ OJ OJ OJ OJ OJ OJ t OJ OJ OJ Oi O O O O U C LL LL LL LL LL LL LL U U K K K K r r r r C C C O C O - m U T OJ ut U U T OJ ut U N OJ C f0 C OJ C f0 C O U f0 = -0 OJ -0 OJ ut yU m N O O U m O O N cli N OJ T v OJ T v N Z U uvi � ut O- U 0 � ut O- •- LL v1 O O O O O v1 O O O O 00 O O I� O Vl N lD lD I� N N O O O Vl Ln O Vl O bA 00 00 7 m N N Ln N m O N Ln N O N O C- CF) Ln 00 a Ln m m m Ln m O m O Ln O N N N lO N i/} In N Ln O N m CO m CO - i/} Ln N N c-I CO lD CO lO d N in N in ut Ln Ln Ln N N Ln Ln N N N N m 0m O Gl 7 7 m m -i .--� N N Ol .--� Ol .--� m O m O m Ln Ln 00 00 I, n N m O Ln O Ln m lO m lO N N N N N N N N N J) J) N N N N N m N m C.1 i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} J) J) J) J) C7 a` U U U U U U U U U U U U U U U U U � a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, a, Ln O O O Ln a Ln O O O O O OLn o 0 a N N N N N W W C[ Z W Z w = O } F- <Q 2 W Q 2 W W m O > > > > LI) COIn tJ J CC } CC Q Q Q Q w > m Z Z z Z w Z_ = w � p } z Ln Ln v`ni Ln N = =ro < = = W N = N Q N = N - p z W w w w w N �[ N �[ J �[ J �[ } m Z Q Z Q Z Q Z Q Z > a z z z z o F o F o F o Q 2 cc cc n Q � Ln Ln Ln z w H O `n H H N H � H U � w w v=i w v=i w v=i w F- F- Jp X N X N X N X N mo N N N z = cc U N a N a N a N a m a 3 z w w o w w o w FL:' w FL:' w F:-� w F:-� w V N Z N Z N Z N N O N H N N N N CO In W In W In W In F- U In V7 N N N N N N N w w cc cc cc aG_ cc CGL cc CGL cc CGL cc - - -E w � m - O Om O O O = OW C OW C OW -C OW O O W v 0 w C-) 7 Ln lO I, W Ol O N N m 7 Ln lO I, W Ol O N m m m m m m a a a a a a a a a a Ln N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O n � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q U 4k m m m m m m m m m m m lD lD lD lD lD lD LU m m m m m m m m m m m m m m m m m � E O O O 00 O O O O O O O O O O O O .ti .ti .ti .ti age 1268 of 1906 a ti m CL aE wz d v �a c �a N N O Z N - is O O C F N Q N y _ U lC C7 a` `m N .0 O O m m O O O O m m m m a a m m m Y o O m m O O O O m m m m O O ,n ,n O 00 00 00 00 00 00 00 00 00 00 00 00 00 � Ln Ln 0 (q Z m m m m m m m m m m m m m m N 7 v v v v v v v v v v v v v v v E E E E E E E E E E E E E E D v v v v v v v v v v v v a t t t t t t t t t t t t t t c v v v v v v v v v v v v v v cli7 U N N aJ N CC O v Z LL 7 Ln Ln 7 Zt Zt Zt Ln Ln Ln Ln Ln Ln O O O i co co m m co co co co m m m m m mLn Ln m J) v) O - � � a jd N N O ) — H a a Ln Ln a a a a Ln Ln Ln Ln Ln Ln O O m co co m m co co co co m m m m m m ti a n N y .ti .ti .ti .ti .ti .ti .ti .ti .ti .ti .ti .ti .ti .ti V1 V1 7 uti ti ti ti ti ti ti ti ti ti ti ti ti ti n n n td - to to to to to to to to to to to to to to C7 a` � v v v v v v v v v v v v v v v v v O Ln a `n G� w m Q O O > o Q a O Q W > z W > > \ w > z Z z � Z Q W J V) Q W J V) CL Ln Q v) Q W N W v) 0 p J `n m Q z m Q `n Q Z 'n Q Z a C w a W m w Z w w a Z w Z w w Q Q H � r wc > o p > = J W O w 0 0 > cc J O > J o Q C Q m Q > m N m m > m N > m N Q Q J W W J Q W Z W Q W Q Q W z a J Z w O O J o Z J O J J Z J Z Z N (J O C7 z � C7 � C7 vi H C7 vi F- 0 (.7 O z O m O w x = Y Ln L z Ln d Z Z Z in Z Z N d z d w Q w Q m w > I O w > O w Q w Q m ~ w Q cc Ln F ~ cc Ln F w > F- H w > F H w � m H m x x H r a m Z a m m Z a W m a Q x m Q Q x m vi Q m vi a o 0 m Q > Q H Z W O O w 0 0 cc W Z p m W Z p m w Z O W w Z u W p p OU > ?� Q O U J U J U W J U J 0 U J O U J O V7 Q O N m C7 V7 W C7 Ln > (.7 a Ln - 0 a Ln (.7 H Ln J U H V7 J Z O V7 Z Q U Q ❑ z M Ln CC Z M Ln J Z Q Ln Z Q Ln Z H Ln O Z ~ W O W J W `1 z to — CO w W — m W N — J W p — J w p — m w (.7 — m cC C7 O cc a C9 V) K > V) K V) K J V) K J V) m CC V) m Q W C9 r o o J r o o r z o O r z o O r o o r o r = a a N Q Ln Ln Q Ln Q L, (.7 Q L, (.7 Q W V7 Q W Q V7 C) O w p O w p w L, p w Ln p e w in ~ w 2 V u w N ?) U w N Z U H N ?) U H N ?) U D N Z U O N Z U N W Z Q N r N J `n J vLn `ni x cc `n Ln x `n Ln O C) vii O _5;j w Ln Q O O W E w in w Z w in w w m w Z W m w Z W (.7 W w C7 w w > w w M Z W Y U N CC > W K > p K p > W K p > W K > p K > p K Q > CC Q > Q = O O m -10 n W O = O 0 O � 0 z O m m cc O ro N m a Ln m r` co m O N m a Ln m r` N V1 Ln Ln Ln Ln Ln Ln Ln Ln lO lO lO lO lO lO lO lO N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O n � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q c wcp� lm7D lmD lm7D lmD OlmD OlmD OlmD OlmD OlmD OlmD OlmD lmD lmD lmD Olm7D Olm7.tiD4age 7 ti 777 t i .7 7 7 O O O O O O O 1269 of 1906 In ti aj txo cL aE wz d v �a c �a N N O Z N — is O O C F N Q N y _ U lC C7 a` > Y > Y Z m Z O O m O O O O m m m m m o m m m m N N In In O O m In N o .T. O 0 0 r, O r, m m co co O O co co N o m m m m m m O O N N Ln Ln lD lD Ln Ln U U 0 O Z Q m Ln m m Ln I Ln N N lD lD lD lD lD lD m m m m d N 7 OJ OJ Q �_ �_ u O O w +T+ +T+ N N Q Q O N O N O N O N O N O N m N N N t cy cy O t O t O t O t O t O t ,n in in c� f0 O N O N O OJ O w O w O w O w f0 f0 f0 f0 C C7 J J LL LL r r Ln Ln m J m J m J m J m J mcij J C7 C7 C7 V7 7 U N N aJ N CC O v Z LL O OO O O m O In O Ln O O O In O O 7 N0 O S O Vl O N m N m -i Cl V1 Il O W O lD m -i L O Co m Co I, m m 7 n 7 Ztc-i I, m O Ln lD lD Co O O co a m O m m lD In m r, r, a m r, lD co lD •u O Ol Ol lD N Ol 7 N V1 O lD N N in - v) m v-� In v-� v) v) O tj ) _ H (7 O m m m m m m lD In m r, O o a O O m m In r", m a a r", co ti ti ti m N O Dl OlN N n m O Vl Ln I� m 7 N N N N N V j) to to to to to to to to to to to to to to to to lC — C7 a` � v v v v v v v v v v v v v v v v v v v O O O O O In O In O In O O O In In O a a O a N Ln N Ln N N Q > H } U Z O Q K U CC z ~ O 2 z W N w J d H Ln z H w w U w N z } J ro w M J > w U H Y w Ln O cc r Q j> Q u w I w M Z z H Q w Q w H m cc N Z O a w0 in H = Q w K N r w w CC CC m Z_ > Ln U w J U ?) Z U D m Q m Q H Q Q Q K m Q Q Q CC O < O w J = J J m W In Z = Ln } D_ In 0 Ln � Ln m m 0 � � � N O > Z Q O Q� N ?) D_ N z Q N N K N w N w N w w U 2 cL co Ln HN to r to 2 2 to D to m to Y Y K w w N CC w 2 CC CC w CC to CC to CC CC CC } CC CC CC M J U _d > UE U> > Z O O OQ QQ Q O > O > > M OO O O w O Ln m O 0 O m m ro U co m O N m a In lD r, co m O m a In lD N lD lD n n n n n n n n n n W Co Co Co Co Co Co N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O n � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q w m m m m m m m m m m m m m m m m m m m O O O O O O O O O O O O O O O O O O O Om 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 .ti .ti .ti .ti .ti .ti .ti .ti .ti .ti .ti .ti age 1270 of 1906 ti m CL aE wz d v �a c �a N N O Z N - is O O C F- 76 lC C7 a` E E E E E E y 'z 1 r, Ln In o 0 0 0 0 0 E 7 n n m m n 0 0 m Z Ol Ol Ol Ol Ol Ol LL NI CC U F- U F-I UF-I U F- U F-I U F- d N w OJ OJ OJ OJ F F F F F F F F F F F F OJ OJ OJ OJ OJ OJ U O O O O O O TT T E E E E E E m w w w w w w td m m m m m m v v v v v L Ln Ln Ln Ln Ln Ln a a a a a a m m a J J O J O LL LL O W O U U u U u OJ 6 6O 6 D N m 7 7 F W F LL OJ N r F- f0 f0 N f0 QJ O C CO 7 f0 O f0 O OJ Z W W d to d m d m Il O O m O In O O O O O N O O O O Il m m lD lD Il lD m N m 7 O 7 O L lD t Ol O N N lD lD m m lD lD O O N Zt m N lD lD lD r, N J) N m N N 'U n n n n n 7 ) to O ma H � m m m m m m m m m N m m Ji m lD m � ti ti ti ti ti N y v} v} v} v} v} v} Zt j j t/} t/} t/} t/} t/} tj} — V ij} to to lC - C7 a` U U U U U U U U U U U U U U U m m m m 0i D v v v v v v v v v v v v v v v In O In O In O O O O O O In O O m N N N N N N N N N N 00 a 0 N LCL N V U m N 00 w Ln Ln N Ln m < w w > > Q O O Q Q Q Q J `r d U U U (7 (7 2 2 2 w w w Ln Ln Ln Ln Ln 2 2 2 2 2 2 ro U Z Z Z w w w In w w H H H H H H y w w w w d d d d d d 0 LL U n W O) O N m 7 Ln lD I, W O) O .--� N CO CO CO Ol Ol Ol Ol Ol Ol Ol Ol Ol Ol O O N N N N N N N N N N N N N m m O O O O O O O O O O O O O O O n � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD w m m m m m m m m m m m m m m m c � O O O O O O O O O O O O O O O 0 Page 1271 of 1906 ti m txOm D_ Eco co Y Y Y Y ~ ~ ~ ~ Z m m OO O O n n O O O O O N lD lD lD lD n n n n O O O O n n Y0 O Ln Ln O O O O .ti .ti lD lD O O O O O O O O m (q m m m m H H H H m m m m om 0 0zt `y c c c c w 'v 'v 'v C t t t t t t t t t t t t t t t t U U U U U U U U U U U U 7 7 7 7 U U U U U c m m m m m m m m m m m m o 0 o O m m m m m C LL w w LL LL LL LL LL LL LL LL LL Ln Ln Ln Ln w w LL LL LL T N u N p m Z O Q O OO O O O O O m O O O O O O Ln O O O O O O O O O0 O O lD N .ti CO N v1 v1 O N O O O O N p O O O O O N CO Ol Ol m N m N lD m m O lD N m m 'U O O O O lD m m n 7 I, m m lD m m m 0 Ln CO •� O O O CO 7 N m N N 17 m O m 17 n V1 Il W 7 N0 7 lD m N 7 lD N t N r, N NJ) W N M J) N N lC F- 00 OO O O NN N Nm m m m m m m m N N N N N O o 0 o m m m m m m m m m m m m 7 7 7 7 N N N N n n n n D7 D7 D7 D7 Ztt7 N y N N N Nm m m m N N N N N N N Nm m m m m m m m a —_ C.1 i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} lC 'C C7 a U U U U U U U U U U U U U U U U U U U U U m m m m m m m m m m m m m m m m m m m m m 7 m m m m m m m m m m m m m m m m m m m m m 0 0 0 0 0 o O O Ln O O O O O O Ln O O O Ln O O o O O O O Lr) m N lD a Ln Ln O N Ln Ln O N lD Ln Ln Ln N Ln N lD N N N N N N N a m N T >• p p Y p O Y p U m u D_ U r.+O bA m O m m O Q mco Q m m U U m \ > T U \ n 3 •' \ n 3 ° O p Y C U m y. p Y C O D- U Y Y m m m T > U U U m m N T p > W m m m > m m m m m O > U m ° Z L7 \ >, Z T 0 >, \ c \ 3O co 3 m m m m m 3 m ° D_ m ° V C m Vf m 0 0 ut m C N D_ m N D_ Q m 7 N O >• 7 > p U p U p m 7 ai m p >• 7 > p U U m O L7 > p m m O m O m O > O m O2 m Go (.7 r i H Z r Z ~ m r °� H C7 r 0 H O Z r Z m n] C m 7 -p O Oai m m N mU -p U 01 m 7 J 7 J 7 00 J 7 T O V 0 m p m 0 m 0 m 0 m m 2 H H m H H H H H H H H c .'y D_ H p H D_ r •H H H r N ut i m i m ut i N i ut i N i ut 0 .N� 0 j 'i -p 46 > .pmi m i > N� >i m Lij 0 O Oj OCij OCij 46 U aj uCt U O n O O 0 U N N m 7 Ln lD I, W Ol O N m 7 Ln lD I, W OlAage OOOOOOOOOOOOOOOOOOOOOOOOOOOOj Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Qmmmmmmmmmm m m m m m m mm ma) 0 O O O O O O O O O O O O O O O O O Ox Y 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 1272 of 1906 N OJ bA O D_ N E O O O O O O N N lO 7 O O O O O O O O lO lO O Z O O CO CO W W W CO O O I� N O W W K K ^ ^ K K n n K m Ln � n Ln Ln LnLnN N Ln Ln � (q a co co .� .� m m .� .� co co .� N 7 v v v v v v v v v v v v v E E E E E E E E E E E E v v v v v v v v v v v v t t t t t t t t t t t U U U U U U U U U U U u U c OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ O " O " O " O " O " O " O " O " O " O " OLn Ln Ln Ln Ln Ln Ln Ln Ln Ln " m e m c m c m e m e m e m c m c m c m e m e N O N O N O N O N O N O N O N O N O N O N O O O O O O O O O O O O O O O O O O O O O O N t t t t t t t t t t t U U U U U U U U U U U N i i N i i N i i N i i N i i N i i N i i N i i N i i N i i N i OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ OJ w 0 T ut ut ut ut ut ut OJ ut OJ ut OJ ut OJ ut OJ ut N 7 77 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 c o u o u o u o u o u o u o u o u O o o W c t m c t m c t m c t m c t m c t m c t m c t m c t m c t m c t m Q Z O O Ln Ln Ln O O O Ln O O O pp O O N Zt. O O O O I" O O O c CO N N N 7 Ln Ln O7 7 Ln Ln Ln 'U CF) lO O m a O �O co r - m a rl Ln m O r, m a N N m CO N O m 7 m W I, N N v) J) v) J) J) v) v) co m lO - C7 76 O H N m m m m Ln Ln m m m rl� m m m m m m m m .i N y 7 m m m m m m m m N N N — u v) v) v) v) v) v) v) v) v) v� vn vn iC 'C C7 a U U U U U U U U U U U U U � v v v v v v v v v v v v v Ln Ln O Ln Ln Ln O O O Ln O O O N N O N lO CO O O 7 CO O O O a N 7 N N m N N Ln Ln Ln m N N cli C U C L L L L N i N O N N N U6 T T T T Ur T O N D_ N D_ N D_ N D_ U D_ N o o L o � o i o O_ v o o O 0 _T 0 T 00 _T m O Y OY O Y O Y O Y O D_ i 3 i D_ i D_ i D_ i D_ D_ V m 0 v7 oU N o 0O O N O O 0 t O 0 v7 00o 47 N £ YN Y N 0 N 0 0 0 N Y OJ i c i OJ i m N Y L N Lai •— OJ L -6 •� a L V N Ln 2 \ \ N \ N \ N aib2 CIJ OJ O Ti O W O U m 2 O �° O 2 O �° O 2 O V 0 U N N m Ln lO I, W O7 O N m N N N N N N N N m m m m m O O O O O O O O O O O O O n D C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD W m m m m m m m m m m m m m c � O O O O O O O O O O O O O lD lD .ti .lDti .lD lD lD lD lD lD lDti .ti .ti .ti .ti .ti .ti age 1273 of 1906 m m on m CL N L E � O O O O O O O O O O OO O Z O O a aZt Zt O O co co d vii LLnnLn Ln `^ `^ Ln Ln = Ln Ln Ln >, iO cc cc iO iO cc cc Ln Ln ti ti ti Ln Ln Ln Ln Ln Ln co co (q .� co co m m co co Ln Ln Ln N 7 v v v v v v v v v v v v E E E E E E E E E E E v v D v v v v v v v aJ t t t t t t t t t t t a m U U U U U U U U U U U m m m c m m m m m m m m m m m C LL LL LL LL LL LL LL LL LL LL LL C7 C7 C7 O " O " O " O " O " O " O " O " O " O " OLn Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln " m e m e m e m c m c m e m e m e m e m c m c N m N m N m N m N m N m N m N m N m N m N m O m O m O m O m O m O m O m O m O m O m O m t t t tt t t t t t t m U mai m U m U m U m U m U m U m U m U mu U U U U U U U U U U U m m m m m m m m m m m N i i N i i N i i N i i N i i N i i N i i N i i N i i N i i N i i Q QQ m m m m m m m m m m m T m ut m ut m ut m ut m ut m ut m ut m ut m ut m ut m � C C C U O O O c N 7 77 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 — — — C U O U O U O U O U O U O U O U O U O U O U O m . Z c c c c c c c c c c c O O O Q O O O O Ln O O O O O Ln O O O W O Ln Ln O I" O O Ln Ln O N O O O c O Ln .ti N Ln O N O .-y Ln O O O 'v Ol N lO m m N Ln Ln O N O O O •i .--� m 17 n m m N 0q, I, CF) O O O O_ Ln r, N NJ) N i/) Ol m i/) l lC H Ol .-y .ti .ti .ti O O .ti .ti .ti .ti O O O .i m m m m O O O O O O O O O . V1 Ol Ol Ol Ol N N N N y N N N N N m m m m m m N N N —_ C.1 J) J)i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} i/} lC 'C C7 a U U U U U U U U U U U U U U m m m m m m m m m m m m m m � m m m m m m m m m m m m m m O O O O Ln Ln O O O O Ln O O O O Ln Ln O N Ln Ln O N O O O a O N .-y N .ti O O Ln m m m m m U U 7 7 L L Q Q m T ?) N N U c C c c c 7 m CL O 2 O O O Q m Ln -I Y Ln 0 Ln Ln (7 N o O m u O m U m U m C7 m �- \ Ln T \ Ln \ \ Ln U 7 T lD T lD T lD T lO N i CL CL m i m N O t Ln t m t Ln t Ln Ln t o_ ic U Ln m m \ V m Ln m Ln m t w V) Go N �O \ N lO J N 7 N 7 O N Y N � Y N Y N � Y Y N O O 47 m C c � m c '� C V7 � N N O c O_ CL -0 m L m O N _0O t m O N m O N _0 c m J m O m \oLn N J N \ \N o N m N O N mO w—N m m NN O m O O U mO Jm \ E m 6 m Ni m > > > O m > O m > O > > O Ln O a O a O a O a O aOv Om -.p— m— O C7 0 U N Ln lO I, W Ol O N m 7 Ln O N m m m m m a a a a a a Ln Ln Ln � ti ti ti ti ti ti ti ti ti ti ti ti ti ti O O O O O O O O O O O O O O n � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k W —� m.ti m.ti '.tin '.tin '.tin '.tin '.tin '.tin '.tin '.tin m.ti m.ti m.ti m O O O O O O O O O O O O O O .ti age 1274 of 1906 a m txOm CLE z > Ln O O O O .ti .ti .ti .ti N N Z N •--i .ti .ti .ti .ti .ti .ti .ti m m O O zt Q Q Q Q Q 7 7 N cn m m .� .� N N N N 0 0 0 0 0 m m v7 u N N N N N N n n H H H H D_ D_ O O O O O � N U U U U U U U U Ol Ol O_ O_ O_ O_ N N N N N N N 2 2 d m m m m m m m m - - � U O O O O O O O O j m m m E c c c c c c c o — c c `o `o `o `o `o `o `o `o m m m m m m o `o m ^L (7 U U U U U U U U w w cC cC cC cC N N Q Q Q Q Q 2 2 cC v v v v v v v v m m m m m U U U U U U U U U U U U U C C C C C C C C C C C C C T T T T T T T T T T T T T mmmm mmmm clic Cli Om Q O -O T N NO C-O_ O OW uO O Z O MW w w Qm O OO O O O O O O Ln O O O O O O O O O O O m O Ln O pp O O O V1 Ln O V1 Ln Ln N m Ln Ln Ln m O O O O V1 Ln N O I, O C O m m N I, O n N n n N O Ln Ol N Ln O m N N lO N N r, 'U O I, n lO w m w lO w lO I, m n Ln co co lO m N m N 7 m N N •i O Il Ln 7 Il W Il 7 Il LnN r, .--� n .--� N m O .--� .--� to lb O Ln r-, O_ N co m I, n Ln lO I, n i/} i/} i/} i/} i/} i/} N i/T N N N J-} i-} lO c-I l/T N N l lT l lT l lT l'T l'T l'T l'T l'T l/T a lC H O LnLn Ln Ln Ln Ln Ln Ln m m .-y Ln m m Ln lO O O Ln O Ln .ti .ti co O co -i W -i co -i W -i lO N lO Ln co Ln Ln Ln co Ln co Ol Ol O N V1 I, Ol N V1 I, Ol N N I, Zt n V1 CO N O N m V1 O O Ol N y N N N N m N N N m N N N N N N N N N N N N N lD lD N lC 'C C7 a m u u u u u u u u m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m � m I v v v v v v v v m m m m m m m m m m m m m m m m o OO o 0 O O O O m O O O O O O m O O O Ln Ln O Ln Ln O O O Ln m O Ln Ln Ln N .--� Ln .--� Ln .--� O N O m m N N0 N N a Ln m m N N O N N N N N N N N J X C X J J J N X X X YO > mX tXN m a X N m a o m U Z O_ i2 i2 O O OO O O O O U C T C CO N N O O O O J N U U U U U U U U m O_ — Ln J X T CO O Ln m lO > N L 7 7 7 7 7 7 7 7 >, O- O m U \ m \ Ln m X J J J J m U pWj O O O O ,O O O O > o \ T Ln Ur X X X X z N •i •i •i •- m >, Ln lD O N N m 7 V1 L N m m m m m m m m Z O O lO O i C d i C -O -O -O -O -O umi U > CL Lnm v m t v c c c c c t v Z Ji i i i •— •— •— •— O N m D \ N J J J J J U Y Y U O t t t t \ D L\n o Ln � = u N N N N o Ln T O0 T T T T N T u v v v v O Go d O O O O O O O O O N lO m r m m > 0 m X > m m m m m U X r O O O O O N i C7 N C7 ` C7 N m •`- ('J m m m m m m m N m N 47 - O O O O O_ O_ O_ O_ .-y .- C m .- Z in Z in N C •C C Ym Ym Ym u C V v0v Oai � Ym Ym uOCJ ' uo Um YmI m N m r Y UXU X •N NX i \ ' O O O O O mCCCC m C[J >m m > m > C C C C C -umc m � N > > > m > O C m > O W O O z 2 Z O Z Z O a D Z O a O> u- Ci v 0 U N m a Ln lO r, co m N m a Ln lO r, co m O N Ln Ln Ln Ln Ln Ln Ln lD lD lD lD lD lD lD lD n n n � ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti O O O O O O O O O O O O O O O O O O n > Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lO lO lO lO lO lO m m m m m m m m lD lD m m w m m 'n. m m m m m m m m m m m m m m m O O O O O O O O O O O O O O O O O O p� N 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 .ti .ti .ti .ti .ti age 1275 of 1906 Ln m txa m D_ 7 ^ ^ O O O O a a Z > N N Y N Q Q Q Q QOl Ol Q Q Q Q Q O O Ol Ol N N Ol Ol 7 7 7 7 tititititi � tititititi titi titi = Ln Ln x x x x 0 0 0 0 0 m m 0 0 0 0 0 N N =O O O O N 7 u w m e c c c c ,� c c c c c -° -° -° -° `—' `—' x x x x Q Q Y D D D D m m `m `m `m `m E E u u YY � m 7 7 7 7 7 U U 7 7 7 7 7 -O -o -o -o T T O O m m m m ^L CC Q Q Q Q Q o o Q Q Q Q Q w w w w O O > > > > m m m m m m m m m m m m m m 7 7 7 7 7 7 7 7 7 7 7 7 7 7 U U U U U U U U U U U U U U C C C C C C C C C C C C C c T T T T T T T T T T T T T T m m m m m m m m m m m m m m -o -o -o -o -o -o -o -o -o -o -o -o -o -o T N O O O O Oi O O O O O O O O O u c C F F F F F F F F F F F F F F W Z w w w w w w w w w w w w w w Q OO O O O Ln O I, O O O O m O O O O O O Ln O O O O O W O O O Ln Ln N0 N O O Ln Ln N O co O 7 O O N N O O O O c O O m N N lD O m O m N N lD co 7 Ol n O m m O O Ln O 'U 7 m N m N 7 m N m N m N 7 n m c0 N Ln c0 7 O O I, Ln •i m 0 lD lD N in O lD lD Ol N W N O N O O m N D_ N lC H OO O m O m O r, O O m O m lD co lD co O am a O O O O O Ln Ln co Ln co O N Ln Ln co Ln co Ln 7 Ln O co m co O O Ln Ln . a O N m a Ln m Ln O N m a Ln m m m m m O m m o o N N N y m N N N N N N N N N N N N N N N N Ol Zt Zt Zt Zt 7 7 in in i/} i/} i/} i/} in in in in in in i/} in in in in in in in in in i/} i/} lC 'C C7 a m u u u u u u u u u u m m u u m m m m m m m m m m m m m m m m m m m m m m m m m m m m � m m m m m m m v v v v v v m m m m m m m m m m I m m O OO O m m O O O O m m O O Ln Ln O Ln Ln Ln O O O O �--� O Ln Ln N N N O m m N N Ln N N Ln N N Ln O Ln O a N N N N N N N m a C D_ > O ° u O c + O m c aj o j T m > m r.+ NbA F J O J U \ N m m m O O O m J o Ln J >' O O CrJ U z m N J O O D m m c \ N Y X J X J X \ Ln X J X J X D_ U N N m � m o N m x Ln D N m x n o m ° m v > o 2 E 2 7 O Y U \ ?j -O -O m -o m D_ - m -o m \ Ln \>, Ln N N m � O O O in O m c m c V1 7 i. O m c m e _T lD ( Z N O ?) N N V m J J J C J m O_ m J J J J ° Y D_ Y m - C Y O i \ O O Q c c c J c m y c c c J c D_ Ln oU O m O m X t m X O U 3 3 Y 3 O \ 3 3 Y 3 Ln ° m t u Go o 0 0 o ^ > ° o ° o \ n ° n ° n 5 O 5 u axi m` m m` m m` D v m m` m m` m co m m y v v oo Yo Y a Q m m m m m 5 m m m m m m o , t N t r > m r O > r} m m m m m m L m o N m m m m L m N m N m N N > .`_ m m > o m ami x Y U Ln N N N x N N x N x L N m x D_ •� Ln U txo m e c c c c ._ > m c c c c c m m m m ._ m (7 ._ m w 12 o m m m > o 0> 33333 � z0> a33333 � 0> J0 � 0> 3 � 0> > a0ul > m0J 0 U N m a Ln iD r, as m O m a Ln iD r, as m O .� co co co co co co co co co co m m � ti ti ti ti ti ti ti ti ff ti ff ti ti ti ff ti ti ti ti a� O O O O O O O O O O O O O O O O O O O o � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 > Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD lD lD lD lD lD lD lDlD lD lD lD lD lD lD lD lD W m m m m m m m m m m m m m m m m m m m c E O O O O O O O O O O O O O O O O O O O Om N 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 � 0 Page 1276 of 1906 cii txO CL n O O m m 7 O O N N N N O O CO CO Z O O r` r` N N N N N N Y Y 7 N N 7 Ln Ln O O m m N N CO CO 00 00 aT+ X X m m m m N N N N00 CO w > 5 n n n n n n Ln Ln a s m m m m LL LL LL LL LL LL W W Ln Ln Ln Ln d w X X OJ OJ OJ OJ OJ OJ OJ OJ �p �p f0 f0 f0 f0 v v 7,- 21 o O o o O O O o v v Q Q Q Q > > a a a a a a a a cc cc Ln Ln Ln Ln v v v v v v m m m m U U U U U U U U U U N C C C C C C T T T T T T d Ud U d U d U OJ OJ OJ OJ OJ OJ N to N to N to N to y O O O O O O -WON -WO U N N N ai m m W Z W W W W W W O m O m O m O m Q O O O O O O O O O O O O N N N N bA O O O r` O r, O r, O O Ln N Ol r, O O Ln m Ln m O Ln O O CO m CO CO 7 7 •L N t N i/) N i/} Ln N N lO 7 N J) J) N ,J) J) a lC H O r, O O O O O O Ol CO N N N N O O V1 V1 V1 V1 V1 V1 7 7 CO 7 V1 V1 V1 V1 N yZt Zt N N N N N N N N 7 V1 00 00 7 7 in i/} i/} i/} i/} i/} i/} i/} i/} i/} ij} ij} j j C7 a` UU U U U U U U U U U U U U U U U U U U v v v v v v v v v v v v v v v v v v v v o OO Ln O Ln O O O O O Ln O O O O O O O N O N O O O Ln O N O Ln O Ln a m N N N N N Ln N N CO m Ln N Yu 00 £ y U O m �"� f0 i d d > Vf N CO ai Y Y C N O O m L — C O N OJ N m v v > t U to >, E Ln o ^ n U U v v v N C OJ p m N \ Q O N Y N Y to OJ Y E C T v m Y — Y N o O m Ycii z O m c c v v 01 N ut N u N O W U m +.' T O U c bA C OJ ^ CO ti \ N O m m O to T T cliO N c 7 > �n m 0 Y C O �O c m c m 1 ` O m QJ m �p N O N u Co U N U N ,0 N f0 U O xx V7 LL C LL Ln Lnz Ln Ln O O m > O N i OJ N i O i CO i Y d Y Y ❑ O X r` N > r` N Ln OJ m OJ Q r N Y N O_ N O_ CO Y c] O � N Q v Q Ln Q O Q O N N W .�., -6 t .�+ -p t > f0 m > ) N m O N Oi V1 Oi d W N O_ OJ O_ f0 y to f0 y to LCL LL d LL d W . CC O_ to m O_ to m c '6 H c '6 H i i i VJ In C C X L N ai QJ N N L QJ N QJ N QJ N Q N N V1 (Yp N V1 3 N v N v ra U m v o > v ° t > o ° > t ° > ° > �W > 'Q m > U 'Q > u 0- 1E ? o > 3 �? o > 3 w = > a 0 vJ a O a a 0 vJ a O a 0 cc O vJ vJ O vJ O H c O m H c O m v 0 U O N m 7 Ln lO r, CO Ol O .� N N m a Ln m r, co m O O O O O O O O O O Ol Ol Ol Ol Ol Ol Ol Ol N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O n 0 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 > Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD w m m m m m m m m m m m m m m m m m m m m m m m m m � E O O O O O O O O O O O O O O O O O O O O age 1277 of 1906 r, a, txa CL 00 o o o � m m m o E z 00 00 0 aT+ N O p p O O v1 in in in lO O .-y 7 N N O O N m m ¢ ¢ Ln Ln r` 7 7 7 J r, O (J O O cn a a m m 2 U U 2 U (.7 m Ln in m m m m d a O v E E E OJ O o 0 ai ai J E E E v a v v m c v t m` v v -o � o 0 o ii in (7 C7 U' in in v v v v v v U U U U U U C C C C C C T T T T T T aJ aJ aJ aJ aJ aJ N O O O OO O i i C -0 _a -0 aJ txO Z w w w w w w ¢ OO O O O O O O O O O O O O O O O O Ln Ln Ln O pp V) Ln Opp Vl V1 O O Vl V1 a0 a0 N O -i 7 lD r` r` r` r` V1 O lD r` O O 7 7 O N m lO m m O O O lO lD lD lD lO O 'v CF) O 7 O 00 m m 00 Ln m r, r, W 00 m m lO Ln lO lO Ln 7 i �--� �--� 00 00 O 7 O a0 m Nm m Nin N m in in m m Zn m d .ti Ln m 7 7 .--i a0 .ti th t) th th th th th th th th N .� to to to to to to tolj' ma- C7 76 O H m Ln NO m m Nzt r, m m m r, O r, r, m r, r, r, r, r, m O _j O N a0 -i lq O m m m lq O lq V1 m lD lq lq N N m m lD r, m Nr, r` Ln lD lD 7 7r, lD m V1 N N m N y m m j' j' N N m m in in in in in in in a in in j' j' in in - u v� v� v� v� v� v� v� v� v� v� v� iC 'C C7 a m m m m m m m mw w w w m m m m m m mm CU 7 v v v v v v v v v v v v v v v v v v v v v v o OO O O O O O O O O O O O O O O O Ln Ln Ln O Ln Ln Ln O Ln Ln Ln Ln Ln m lO lO lO N m N N N N N N V1 > > r z 0 0 = a 0 Oo N O O (� Z H ¢ CC O tai n c n U ¢ N z Z a v a c x G� H v¢i O �n r aJ i O H C W U v Y Y (7 o m w U Z U z Or O n n > U in U > W O a 2 O U x of v H ,v H D ¢ O J (.7 o m 0 Z U ❑ O O O t N J (7 to = " �y�j p Go n `n `a o t is m o o a O �u Ln Q Y Y Q O a co u `O .0 o > CL 3 `n ¢u CU = = w w x Z x U U m t7 _ _ ¢ ¢ ¢ ?j w U. J J Y Y V O O i N N i N U H m m > N m m U U a] U a] U L N N Y N N Z Z W ¢ ¢ N ~ N ~ +N+ N i N i C] •Vf C7 CC CC U > H O O W } } J J U E O ar ar ar ar z 0 0 F- O O Z Z U u Z Z m m m m t o > > 3 > ¢ x U U ¢ x J ¢ O Ln ¢ ¢ = �n C� �n Ln C� O O �n O m U ¢ ¢ x �n (7 a x ¢ J J ro U N m a Ln m r` 00 m O N m a m r` 00 m O N m a N N N N N N N N N N N N N N N N N N N N N N N a� O O O O O O O O O O O O O O O O O O O O O O d C Xk lD lD lD 'n 'n 'n lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD w m m m m m m m m m m m m m m m m m m m m m m E o O O O O O O O O O O O O O O O O O O O o O age 1278 of 1906 00 cii txO CL 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � c c c c c c c c c c c c c c c c Z m m M E E E E E E E E E E E E E E E E y m m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y O o O o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W m m U U U U U U U U U U U U U U U U v v 0 0 � 0 0 0 c c v v v v v v v v v v v v v v v v O Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m Y m cli T N � N � tx O Z O O O r, r, O O O O O O O r, on O N O lq lq O O O O O O O O O O O O O lD c O m O .� .� m m m m m m m m m O O a a a 'v O a v) v) J) ma lC O H O 70 I, n O .-y �--i .-y �--i .-y �--i O O O O O O I� 7 O 7 lq lq O O O O O O O O O O O O O lq N mm m m m m m m m m O O 7 7 7 V i/} to to to to to to to to to to to to to lC . C C7 a � v v v v v v v v v v v v v v v v v v v O O o Ln co Ln a N K � Q J J Q 0 o w u M z o Q O N Ln O O W OJ Q W c CC (D (D Q c ro C7 C7 C7 O Q 00 °� Z M w \ \ CC °o Q O c Z O N Ln m J Q < J C7 a a O J Q p O U < < N Q O Ln `"y CC CC Q r d U Q � H N J U Q - H H M ti U N H Ln OU Q 00 n a Q w m U U c m Ln u: LL LL LL LL LL LWL LWL N Q Q c Y Z Z m m O LL LL LL LL LL Ur c Q m — — Z cc cc cc cc cc w w J 'n 0 O O ON N m (JLn 7 a a a a a a 'n v=i w w JO (.7 .� Y Y J J J Q Q Q Q Q Q Q Q Q O O \ coo Q Q Z Z Z Z Z Z Z Z Z Z Z O Em c O O C7 C7 C7 C7 C7 C7 C7 C7 C7 U y w w O Oin in in in in in in in cQc W r r N U U Z Z Z Z Z Z Z Z Z J J J J C O LL U Ln lO 7 Ol O N m 7 Ln lO I, W Ol O N m 7 N m m a a Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln c c c c c ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti � ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti n � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD LU m m m m m m m m m m m m m m m m m m m c O O O O O O O O O O O O O O O O O Oco O Age 1279 of 1906 CF) a, txO CL m m m m m m m m m m m m m m m m m m m � m m m m m m m m m m m m m m m m m m m m m m Z E m m Ln m Ln m Ln E E Ln E E E E E E E E E E E E E E E E E E E a) 0 m O m m m m m o o n o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y V O O O O O o UH H H H H H D D Q D D D D D D D D D D D D D D D D D D D cn Un Z Z Z Z Z Z U U U U U U U U U U U U U U U U U U U U U v v v v v v v v v v v v v v v E E E E E E E E E E E E E E E E E E E v v v Y Y Y c c c c c c c c c c c c c c c c c c c — — — — — — — c c c c c c c c c c c c c c c c c c c Ln 0 a a a a a a Ln 0 E 0 a v v v v v v v v v v v v v v v v v v v � �n � (7 C7 C7 C7 C7 C7 C7 in � �n � (7 a a a a a a a a a a a a a a a a a a a T N � a) � N O Q Z I, Ln mm m m m m m m m m m m m m Ln m m m m m m m m m pA lD c-I V1 V1 V1 Ln Ln Ln lO lq m n n n n n n n O V1 I" n W CO I" n n n n O .--i .ti .ti .ti .ti .ti .ti .ti N N .ti .ti O O to n n n n n n n n to to to to to to to to to to to to to to to to to to to to to - d C7 76 O H r, �n m m m m m m m m m m m m m m m m m m m m m m m m m lq c-I Ln V1 Ln Ln Ln V1 lq lq m O Lq n W CO I" n n n n O .--i .ti .ti .ti .ti .ti .ti .ti N N .ti .ti O O N y v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} v} V 6 'C C7 a m m m m m m m 7 v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti a G'J U p vii w w wQ Z O _ N O �yJj c-I N z z Z z J J O z p Q O CC 2 O w LL to 2 Z Z N N J J V7 Q Ur 2 r z p CC Z Z Z Q LU—L U Y Y N w O Q °� Z n Z Q O O w p Z W Y Y O W Z w M CC Q = - - Q Q U U Q ,,,�,, " O w cc LL w w p SJ U 0 N O O Q Q J > Q W Y U H U w W 2 2 w CC H Q C7 C7 m m p U cc Q to w W W a U W U Y in \ \ >j >j U J Q U_ w 2 Z Z w U U in W Q p Z Z cc cc Q cc CO 0 w w w J 0 Z `n Q O Z w w p p w w p w = W Z ?j N J N 2 in 0 w w J J > > m O 2 Z p H C7 C7 cc Q U w Z H a Q cc cc O O ti 2 U p W = cc Z Z w > J a m m CO C7 C7 C7 C7 vJi vJi (7 2 Q 'n w U M Or Y Y Ln Q Ln w U = O H = CC v7 r r d Q 2 CL z C7 C7 C7 C7 C7 C7 J `n �? �? p Q O O < in °� Q Q O Q I Z H H H H H H J J 2 2 — m U U U U Y d d d In v7 v7 H > Q CC W W W W W W 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 E a o < < < < < < F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- F- W +�' z z z z z z z z d d d d d d d d d d d d d d d d d d d d v — 0 w U Ln lO I, W m O N m Ln lO I, W m O N m lO I, W m O N m Ln lO I, W N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d j Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q C Xk lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD lD m m m m m m m m m lD w m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Om a7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 age 1280 of 1906 O ti m oO m CL `m n E N N > > N N Z > > l0 l0 In In m m N m m Co Co m m w w m m .T. � � r, r, r, r, O O O7 � Ln Ln Ln Ln Ln Ln a a N lC w w r Ln m m Ln N Q N m m m m m m U Q O Q O O_ O_ O_ O_ O_ O_ m ^L In U In U In In In In In In Ln Ln w N — t m m m O Y 0 Y—T Ucm cii m m aj aj YOOm m O Om m O O m -O 6— = -O .— — -O — O m OO u CO Q C QO N mOmmm_ cij >c ,m ON mO — m-O O O uO- U 7 ' u U ' U O pm m , mO mO Q Z E m 0 m 0 m 0 Z O OO O O O O O O O O o 0 0 OR pp O O O O O O O O O O O O O O O c l0 O 0 O r` r` a a ti ti O m m Ln W 7 m lO lO m m c-I m O •i r` r` a' co N' N m m W ti In o_ t,J) t) 00 m" lOlO' .--i .ti —Z l0' c-I J) J) J)i/} N N N N 7 lC O H lO O OO r, r, r, r, c-I c-I O o 0 0 0 V1 W N N lO lO l0 l0 O O O O r` r` N N N N lD lD CO N N m m m m N y J) L} O) O) lO lO O O Ln m V J) J) J) J) N N N N i/} ld •—` i) J) J) J) a C7 m m m m m m m m m m m m m m m � m m m m m m m m m m m m m m m O O O OO O O O O O O O O O V1 O O O O O O O a N N N N N N N N N N Ln N m Y 4� N u m CL U m CC CC C U m Yj T C T m i V O_ �- �- O_ L U d m c L m m c Go '= •m umi 'm umi Y cc Y cc m V�1 U m m m O �, >, d O m O Ur r m Y b00 bA O O m m w m V N m 2 mcli N K K m o cli m •� N i i N� ut CC > N i UtxO m U E C w O m m46 m YO m m C N 7 LijI +_ CC O x O x O O O v m m In 0 W U Ol O N m 7 Ln lO r, W Ol O N N Ol O O O O O O O O O O N N N N N N N N N N N N N N O O O O O O O O O O O O O O 0 � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q c 4k lD lD lD lD lD lD lD lD lD lD lD lD lD lD w m m m m m m m m m m m m m m c E O O O O O O O O O O O O O O 7 7 7 7 7 .ti .ti age 1281 of 1906 ti ti cii txO CL E z d >, cn d v �a c �a � E -0o OJ • -0� � � Y •E -0� � � Y •E -0� � � •E w w w vv v Y � Y ° aw ° °v ooo ° -° O O O ° vo° v o C O v Q +v,, C O v Q pi C O v Q Y C O v Q +v,, T U N ° T u T O �' 'G T O �' 'v T O �' 'v T O 0 LlO O O OclJ -E Z m 0 m 0 m 0 m 0 Q 0 0 0 0 0 0 0 on O O O O O O O c a m C7 76 O H 0 0 0 0 0 0 0 O O O O O O O m m m m m m m N y S2 lC 'C C7 a u u u u u u u UU U U U U U m mcli mcli mcli CU mcli CU cliN N N N N N N a N LCL N V CU U Go 0 Y = w H O v 2 m Q = d N UU0i p Y d U til w 2 m N d LL a- m m V1 lO N m 7 O O O N N N N N m m m O O O O O O O n co ° C7 C7 C7 C7 C7 C7 C7 N 7 7 7 7 7 7 7 0 Page 1282 of 1906 N N tx m CL N � � d c N N C N N Ln Ln w Z 2 2 V � � w N OJ U U 0 0 2 2 N N O Z O Ln a cq y m a � m m 6 r a O F vii Qm m N co co y N N 0 v} v} lC C7 a` Ln Ln Ln O O m m o o m E ti ti O O O O a a a a LLnn LLnn LLnn LLnn LLnn C N N N N ON ON Ln Ln N N Ln Ln Ln Ln lD Z7 N N N N W CO CO CO Ln Ln Ln Ln Ln Ln Ln Ln r` w Z S S S S a a a a00 co co co m m m m N O E E E E v v v v v v v v v v v v v v V, V, V, V E E E E E E E E E E E E E v v v v v v v v v v v v v v v v v U U U U t t t t t t t t t t t t t 12 12 12 12t t t t t t t t t t t t t 0 0 0 0 U U U U U U U U U U U U U c v v v v v v v v v v v v v cli7 U N N v N CC O v Z LL O Ln O lO O O O Ln O O O O O O O Ln O 7 CO CO Ol O Ln .ti Ln Ln O O O O N Ln N Ln Ol Ln c-I Ln c-I O N Ln O Ln lO m r, r, r, r, c-I c-I O CO Ol r` Ol Ol 7 CO Ln O Ol V1 m Ln N CO Ol m N N m O Ln N m 7 N - c-I J) J) J) m c-I J) J) m N Ln N c-I J) c-I J) l/} Ol Ol Ol Ol N N N N Ln Ln Ln Ln N N Ln Ln Ln .i .i m m .i .i .i .i m m a a m m ti ti m Ln Ln co co co co co co m m Ln Ln co co r` r` m N y N N N N m m m m N N N N N N N N N lC - 101 a` U U U U U U U U U U U U U U U U U � v v v v v v v v v v v v v v v v v O Ln O a O O O Ln O O O o O O O Ln O lO .ti N0 Ln .ti Ln O O O Ln .ti Ln .ti Ln a N Ln N N N _ W W Z Ln M M C7 p O mJ J \ m m O Zm m rLn W W J 0 O \ O Z W Z W W m u m U z Z cC F- 0 O p cC ~ x } O w Qx w Q x m O u r z p F- Y } M 2 3 M 2 3 w O U o cc O a OO Q m m m m J J z F F- Y t�L W H N H O O J z Z_ K K Z K � K co 2 x 0 in x \ ?� O H 2 2 CC 2 2 L" U } N d Z Q Ln 2 Ln Q Ln 2 in N V) J Y Q H Ln ?j Ln Ln Ln O V w � o W O F a V V V V F- Q u Ln w w `n w Y Q } O `n m cc N cc cc C� H W N H w W CC d > w Ln H H H H N Go `n Lnx vJi O Ln Q V) Ln V) V) vxi w w C7 w 0 (D w z z O z vxi w vxi w vxi w vxi w w m N z cc z } J Q } O L L L Ln Ln x w in Z > Ln > Ln F- w w w w Q w w w Q w Ln Q w � w w w w V O N Z Z J N Z d Z N ~ Z Z N O O N O N O N O N Z co w Ln O w `n Ln O J Ln W J u N > = r U = - J CC m J CC } CC CC CC CC w J > C O z > � w > L\n O > � _ O u O u r O O O a O O O O 0 LL U r, CO Ol O N m 7 Ln lO r, CO Ol O N m N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O n � C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 C7 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q LU 4k m m m m lD m m lD lD lD lD lD lD lD lD lD lD m m m m m m m m m m m m m m m m m O OO O O O O O O O O O O O O O O ) N 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 � � .ti .ti .ti .ti .ti .ti .ti Page 1283 of 1906 0 m ti v txOm c0 N d N � a E ... 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Consent Bids and Purchases Over $100,000 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-098—Approve the award of Bid No. 081-2821-21/TP for the Sodium Hypochlorite Tank Replacement project at the West Water Treatment Plant to Florida Design Drilling Corporation of West Palm Beach, Florida and authorize the City Manager to sign a Construction Contract in the amount of$440,000 plus a 10% contingency of$44,000, for a total amount of $484,000. Explanation of Request: On May 25, 2021, Procurement Services issued Bid No. 081-2821-21/TP for the Sodium Hypochlorite Tank Replacement project at the West Water Treatment Plant. A mandatory pre-bid meeting was held on June 1, 2021 in order to review the project with interested and qualified contactors. The purpose of the bid was to obtain the services of a licensed, qualified contractor to replace two existing Sodium Hypochlorite Tanks with comparable replacement tanks at the West Water Treatment Plant. On June 18, 2021, the City opened a total of one (1) submitted bid for the project. After reviewing the bid and references submitted by Florida Design Drilling Corporation, staff recommends this project be awarded to Florida Design Drilling Corporation as the lowest, most responsive and responsible bidder. The estimated time to complete the project is 180 calendar days after Notice to Proceed is issued to the contractor. How will this affect city programs or services? The existing Sodium Hypochlorite Tanks#1 &#2 at the West Water Treatment Plant have reached the end of their useful life. Replacement of the tanks is necessary as sodium hypochlorite is used for disinfection as part of the water treatment process. Fiscal Impact: Funds for the project are available in the Utilities Cl P budget 403-5000-533.65-02. Alternatives: Not approve the bid award. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1288 of 1906 Attachments: Type Description D Resolution Resolution awarding Bid and Contract to Florida Design Drilling for Sodium Hypochlorite D Contract Construction Contract D Tab Sheets Bid Tabulation D Bid Florida Design Drilling Bid D Attachment Bid Documents D Attachment Bid Documents®AppendixA D Attachment Bid Documents®Appendix B Page 1289 of 1906 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AN AWARD OF BID AND 5 AUTHORIZING THE CITY MANAGER TO SIGN A 6 CONTRACT WITH FLORIDA DESIGN DRILLING 7 CORPORATION, IN RESPONSE TO BID NO. 081-2821- 8 21/TP FOR "SODIUM HYPOCHLORITE TANK 9 REPLACEMENT" IN THE AMOUNT OF $440,000.00 PLUS 10 A 10% CONTINGENCY AMOUNT OF $44,000.00 FOR A 11 TOTAL AMOUNT OF $484,000.00; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS,the existing Sodium Hypochlorite Tanks 41 and 42 at the West Water 15 Treatment Plant have reached the end of their useful life and replacement of the tanks is 16 necessary as sodium hypochlorite is used for water purification and disinfection as part of 17 the treatment process; and 18 WHEREAS, on May 25, 2021,Procurement Services issued Bid 4081-2821-21/TP 19 for"Sodium Hypochlorite Tank Replacement"to obtain the services of a licensed, qualified 20 contractor to replace two existing Sodium Hypochlorite Tanks with comparable 21 replacement tanks at the West Water Treatment Plant; and 22 WHEREAS, on June 18, 2021, the City opened a total of one (1) submittal to this 23 Bid and after reviewing the bid and references submitted by Florida Design Drilling 24 Corporation, Utilities staff and Purchasing Services recommend this project be awarded to 25 Florida Design Drilling Corporation as the lowest, responsive, responsible bidder; and 26 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 27 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award 28 a bid and authorize the City Manager to sign a contract in response to 081-2821-21/TP for the 29 Sodium Hypochlorite Tank Replacement project at the West Water Treatment Plant with 30 Florida Design Drilling Corporation of West Palm Beach, Florida in the amount of $440,000 31 plus a 10% contingency of$44,000, for a total amount of$484,000. S:ACA\RESO\Agreements\Award Bid and Contract to Florida Design Drilling Corp(Sodium Hypochlorite)(2021)-Reso.docx -1 - Page 1290 of 1906 32 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 33 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 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 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 37 approves the award of bid and authorizes the City Manager to sign a contract in response to 38 081-2821-21/TP for the Sodium Hypochlorite Tank Replacement project at the West Water 39 Treatment Plant with Florida Design Drilling Corporation of West Palm Beach, Florida in the 40 amount of$440,000 plus a 10%contingency of$44,000,for a total amount of$484,000, a copy 41 of which is attached hereto as Exhibit"A". 42 Section 3. That this Resolution shall become effective immediately. 43 PASSED AND ADOPTED this 3rd day of August, 2021. 44 CITY OF BOYNTON BEACH, FLORIDA 45 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice Mayor—Woodrow L. Hay 51 52 Commissioner—Justin Katz 53 54 Commissioner—Christina L. Romelus 55 56 Commissioner—Ty Penserga 57 58 VOTE 59 ATTEST: 60 61 62 63 Crystal Gibson, MMC 64 City Clerk 65 66 67 (Corporate Seal) S:ACA\RESO\Agreements\Award Bid and Contract to Florida Design Drilling Corp(Sodium Hypochlorite)(2021)-Reso.docx -2- Page 1291 of 1906 CONSTRUCTION CONTRACT WEST WATER TREATMENT SODIUM HYPOCHLORITE TANKS REPLACEMENT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and FLORIDA DESIGN DRILLING CORPORATION, a corporation_X_ partnership sole proprietor authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of August 3, 2021, by Resolution No.: the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 081- 2821-21, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT, Invitation to Bid #081-2821-21. Article 2. CONSULTANT. City of Boynton Beach. ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 120 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, EIGHT HUNDRED Dollars ($800.00) for each day that expires after the time specified in paragraphs Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-1 Revised 7/7/2021 Page 1292 of 1 06 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY TWO HUNDRED Dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: FOUR HUNDRED FOURTY THOUSAND AND ZERO CENTS $440,000.00 (Written) (Numerical) Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-2 Revised 7/7/2021 Page 12999 'IF i 06 parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one(1)year after completion of the WORK covered by this Contract. The CONTRACTOR,free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 6. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special/Supplemental Conditions 7.8 Technical Specifications 4.9 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utilities/new-construction) 4.10 Drawings and Photographs entitled: Appendix, A & B 7.11 Addendum No. 1 Dated 6/14/2021. Article 8. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations,or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-3 Revised 7/7/2021 Page 129- 1 1 06 Article 9. 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. Article 10. 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 Article 11. 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. Article 12. 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. Article 13. 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. Article 14. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-4 Revised 7/7/2021 Page 1295 'IF i 06 Article 16. TERMINATION. 15.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. 15.2 In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project,the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. Article 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. Article 17. NOTICES: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach City of Boynton Beach Utilities Department Finance Department Attn: Juan Cuesta, Staff Engineer Attn: Director of Finance 124 E. Woolbright Road 100 E. Ocean Avenue Boynton Beach, FL 33435 Boynton Beach, FL 33435 Tel (561) 742 Tel (561) 742-6310 Fax (561) 742-6316 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR: Florida Design Drilling Corporation ADDRESS: 7733 Hooper Road CITY/STATE/ZIP: West Palm Beach, FL 33411 Attn: Jeffrey Holst Tel: 561-844-2966 Email: jeff@fldrilling.com Article 18. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 19. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-5 Revised 7/7/2021 Page 1296 of 1 06 Article 20. FLORIDA'S PUBLIC RECORDS LAW. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 20.1 Keep and maintain public records required by the CITY to perform the service; 20.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 20.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 20.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 20.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6061 GIBSONC@BBFL.US Article 21. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-6 Revised 7/7/2021 Page 129:7 of 1 06 determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 22. E-VERIFY 22.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor"includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary,wages,or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1,2021, Contractors,shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 23. MISCELLANEOUS. 23.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-7 Revised 7/7/2021 Page 1298 of 1 06 extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 23.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-8 Revised 7/7/2021 Page 1299 of 1 06 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: James A. Cherof Office of the City Attorney Attested/Authenticated: Crystal Gibson City Clerk Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-9 Revised 7/7/2021 Page 1988 of 06 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PFB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1)year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work,furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Principal (Seal) Witness Title S u rety Witness Attorney-in-Fact END OF PERFORMANCE BOND Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PFB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 2021, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Principal (Seal) Witness S u rety Witness Attorney-in-Fact END OF PAYMENT BOND Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation Check One a Florida General Partnership �) a Florida Limited Partnership �) a Sole Proprietor �) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of,the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 12021. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT 06 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 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $ 50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate -$1,000,000.00 - - - - - --------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos --------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined --------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease,Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 --------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- Revised 04/2021 INSURANCE ADVISORY 06 081282121-West Water Treatment Plant Sodium Hypochlorite Tanks Replacement-Quote Form-BID PROPOSAL "This is the FINAL bid tabulation.A complete and thorough review of all bid responses received is final.Bidders deemed not responsible or bid responses deemed non-responsive or non-compliant will be reflected in this Final Bid Tabulation.if applicable." Florida Design Drilling Corporation Submission 1 SCO1025 Section DESCRIPTION ESTIMATED QUANITY UNIT UNIT COST VALUE 1.11.8 Bonds Insurance and General Requirements.Contractor shall be limited to a maximum 1 LUMP SUM $35,200.0000 $35,200.00 of eight percent(8%)ofthe total bid price. 1.11.0 Indemnification 1 LUMP SUM $25.0000 $25.00 1.11.D Surveyed As-Built Record Drawings(CAD File) 1 LUMP SUM $500.0000 $500.00 1.11.E Removal and Disposal of existing Sodium Hypochlorite Tank 3 LUMP SUM $25,000.0000 $75,000.00 1.11.F Furnish and Install Sodium Hypochlorite Tank and Appurtenances 2 LUMP SUM $163,637.5000 $327,275.00 1.11.G Testing and Operation Training 1 LUMP SUM $2,000.0000 $2,000.00 Subtotal: $440,000.00 Page 1307 of 1906 081282121 - West Water Treatment Plant Sodium Hypochlorite Tanks Replacement Opening Date: May 25, 2021 12:30 PM Closing Date: June 18, 2021 2:30 PM Vendor Details Company Name: Florida Design Drilling Corporation 7733 Hooper Road Address: West Palm Beach, FL 33411 Contact: Jeffrey Holst Email: jeff@fldrilling.com Phone: 561-844-2966 HST#: 20-2779560 Submission Details Created On: Wednesday June 16,2021 13:51:02 Submitted On: Friday June 18, 2021 12:32:22 Submitted By: Jeffrey Holst Email: jeff@fldrilling.com Transaction#: a449311f-7164-4fdb-b5c0-5cde8b27134d Submitter's IP Address: 71.196.80.156 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Bid Number: 081282121 Vendor Name: Florida Design�illin �3°d�°o t'"I y06 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid,at the unit prices, and/or lump sums,hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY"and you are not bidding on it,leave the table and/or line item blank.Do not enter a$0.00 dollar value. BID PROPOSAL-WWT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT Bid Proposal Online Form NOTE:Bid Proposal Sheet Line No.2-SCO1025 Section 1.11.C-Indemnification-PLEASE ENTER$25.00 SCO1026 Section DESCRIPTION ESTIMATED ,i'VANITY I UNIT UNIT COST R VALUE 1.11.B Bonds, Insurance and General Requirements. 1 LUMP SUM $35,200.0000 $35,200.00 Contractor shall be limited to a maximum of eight percent (8%) of the total bid price. 1.11.0 Indemnification 1 LUMP SUM $25.0000 $25.00 1.11.D Surveyed As-Built Record Drawings (CAD File) 1 LUMP SUM $500.0000 $500.00 1.11.E Removal and Disposal of existing Sodium 3 LUMP SUM $25,000.0000 $75,000.00 Hypochlorite Tank 1.11.E Furnish and Install Sodium Hypochlorite Tank and 2 LUMP SUM $163,637.5000 $327,275.00 Appurtenances 1.11.G Testing and Operation Training 1 ILUMP SUM 1$2,000.0000 $2,000.00 Subtotal: $440,000.00 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information.Please fill out and indicate in the appropriate spaces provided which category best describes your company.Return this form to make it an official part of with your Bid response. Description Response' Comments Is your company a Minority Owned business? No No Please select the appropriate response Not Applicable N/A Do you possess a certification qualifying your business as a Minority Owned business? No No Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Local Business Status Certification I am an authorized representative of the business and,on behalf of the Business,request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request,I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for"Local Business Status Certification"you declare that you are not a local business in the City of Boynton Beach. We will not be submitting for Local Business Status Certification Does the business have Is the kusiness registered with Is the business located within the City limits of Boynton Beach, a business'ax receipt Numher of years in the Florida Division of Business license number* Florida?* issued in the current business year?' Corporations? *Yes r Yes r Yes 16 201472016 r No r No f No Bid Number: 081282121 Vendor Name: Florida Design�illin �3°d�or1fi y06 Trench Safety Act Affidavit TRENCH SAFETY ACT AFFIDAVIT On October 1,1990,House Bill 3183,known as the Trench Safety Act became law. This incorporates the Occupational Safety&Health Administration(OSHA)revised excavation safety standards,citation 29 CFR.S.1926.650,as Florida's own standards. The Proposer,by virtue of its signature below,affirms that it is aware of this Act,and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT(90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WTH 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 WTH THEIR BID DOCUMENTS. *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS:Description,Unit,Quantity,Unit Price,Extended Price and Method Description* Unit* Quantity Unit Price*i Extended Price* Method N/A- No trenching on this project N/A N/A N/A N/A N/A N/A- No trenching on this project N/A N/A N/A N/A N/A N/A- No trenching on this project N/A N/A N/A N/A N/A N/A- No trenching on this project N/A N/A N/A N/A N/A N/A- No trenching on this project N/A N/A N/A N/A N/A Bid Number: 081282121 Vendor Name: Florida Design�illin �3o"I Uor1 i"I y06 References Provide three(3)PROJECTS of similar scope and complecity over the past fie(5)years,in the State of Florida,and must be able to document the required experience upon request. The City is interested in learning of other experiences with your firm;as such,please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Procurement or designee will email and or call each reference up to three(3)times. New Column Reference 1-Over the Past(5)Years Reference 2-Over the Past(5)Years Reference 3-Over the Past(5)Years Name of Agency: Tindall Hammock Soil& Conservation District City of Pembroke Pines City of West Palm Beach Agency Contact: Bob Salerno George Wrves Edna Bonelli Contact Telephone Number: (954) 587-8833 954-518-9045 561-494-1157 Email Address: bsalerno@thiscd.org gwrves@ppines.com ebonelli@wpb.org Name of Project: WASTEWATER TREATMENT PLANT Booster Station Disinfection System Sodium Hypochlorite Storage and Feed Systems ,. IMPROVEMENTS PHASE 2 Improvements Replacing the Existing Gas Chlorine Systems Project Description: Installation of a new Structurally Reinforced This project includes the construction and 1. A new sodium hypochlorite feed system to Thermoplastic (SRTP)Anoxic Tank with a installation of one bulk-liquid sodium replace the existing gas chlorine feed system at new submersible mixer, associated piping hypochlorite the Ibis Water Re-pump Station as shown on and valves, electrical, controls, disinfection system, interconnecting influent the Drawings. A new aqueous ammonia feed instrumentations and other appurtenances. b. and effluent disinfection piping, chemical system also will be installed at the Ibis site to Install two (2) new dry mount submersible, injection points, and related appurtenances replace the existing aqueous ammonia feed non-clog internal recycle pumps including at the Academic Village Booster Station. system. The new aqueous ammonia feed associated piping and valves, electrical, The construction and installation of one bulk- system will be installed in phases as the controls, instrumentations and other liquid sodium hypochlorite disinfection existing ammonia feed system is removed in appurtenances. c. Replace RAS piping and system, interconnecting influent and effluent order to provide continuous ammonia feed. The direct to the new Anoxic Tank. d. Furnish disinfection piping, chemical injection points, work at the Ibis site includes a new chemical and install a polymer concrete modular related appurtenances, modifications to the injection and flow meter vault constructed over storage building. Install polymer skids interconnecting pipe between Tank No. 1 the existing storage tank influent pipe, chemical provided by the District. Furnish and install and Tank No. 2 and installation of new yard and sample piping, one sodium hypochlorite feed system for clarifiers, including piping with its related appurtenances, and storage tank, two duplex metering pump skids associated piping and valves, electrical, replacement of altitude valves with fill valves for sodium hypochlorite and two duplex metering controls, instrumentations and other for Tank No. 1 and Tank No. 2 at the Holly pump skids for aqueous ammonia, ammonia appurtenances. e. Furnish and install the Lakes Booster Station. and sodium hypochlorite injectors, one static replacement of the sodium hypochlorite mixer, chlorine and ammonia residual analyzers, storage tank. modifications to the existing pump station building, instrumentation, controls, and electrical construction. 2. The four typical sodium hypochlorite feed systems are designed to be installed inside new precast concrete shelters. The work at each site includes installation of new chemical injectors, chemical containment piping from each shelter to the chlorine injection points, one static mixer(Valley Forge only), water supply piping to each shelter, landscaping around each shelter, piping modifications, instrumentation, controls and electrical construction. Each shelter will provide a climate controlled location for the installation of one duplex metering pump skid, one chemical storage tank, chemical containment, safety shower, hose reel, exhaust fan, air conditioner, electrical, instrumentation and controls. The construction of the new typical sodium hypochlorite feed system at each site requires phasing and coordination with the Owner that allows the existing gas chlorine feed system to remain in operation while new system is constructed and tested, without interruption to the operation of the existing chlorine gas feed system, and followed by demolition of the existing gas chlorine feed systems. Project Address/Location: Davie, FL Pembroke Pines, FL lWest Palm Beach, FL Project Start Date: February, 2020 April, 2018 IJuly, 2016 Project Completion Date: May, 2021 August, 2019 IJuly, 2019 Project Cost 1732,000.00 1,568,000.00 2,152,000.00 Bid Number: 081282121 Vendor Name: Florida DesignPalgeg1�3o"I�0O tl"I y06 Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate"TBD"(To Be Determined)or"TBA"(To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub-contractors The Bidder proposes the following major sub-contractors for the major areas of work for the Project. The Bidder is further notified that all sub-contractors shall be properly licensed,bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors,if required. Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award,or failed to deliver on time contracts in a similar nature,or who is not responsible(financial capability,lack of resources,etc.)to perform under this award.Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. Mame " Address Scope iofwork* license No ContractAmount" Percentage(°I)of Contract*r None N/A N/A N/A N/A N/A None N/A N/A N/A N/A N/A Documents Ensure your submission documents)conforms to the following: Documents should NOT have a security password,as City of Boynton Beach may not be able to open the file.It is your sole responsibility to ensure that the uploaded document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file.If the zipped file contains more than one(1) document, ensure each document is named,in relation to the submission format item responding to.For example,if responding to the Marketing Plan category save the document as"Marketing Plan." If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. These procurement documents must be completed,signed,notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. • Bid Form-Bid Form.PDF-Friday June 18,2021 12:27:52 • Bid Bond-Bid Bond.pdf-Friday June 18,2021 12:30:28 • Bidder's Qualification Statement-Bid Form.PDF-Friday June 18,2021 12:28:13 • Bidder's Site Inspection Confirmation Form-Bid Form.PDF-Friday June 18,2021 12:28:21 • Anti-Kickback Affidavit-Bid Form.PDF-Friday June 18,2021 12:29:32 • Non-Collusion Affidavit of Proposer-Bid Form.PDF-Friday June 18,2021 12:29:23 • Certification Pursuant to Florida Statute&287.135-Bid Form.PDF-Friday June 18,2021 12:29:14 • Warranties and E-Verify Form Under Section 448.095,Florida Statutes-Bid Form.PDF-Friday June 18,2021 12:29:06 • Submit current Florida Professional License,including evidence of possession of required licenses or business permits-Jeff GC License.pdf-Friday June 18,2021 12:28:36 • Submit any Supplemental information relative to this ITB-ReSUme.HOlst.J.Rev.2020.docx-Friday June 18,2021 12:28:45 • Additional Document-Resume.Bright.J.Rev.2018.docx-Friday June 18,2021 12:28:58 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent S%)Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive.A one hundred percent(100%)Payment and Performance Bond is required upon notification by the City ofthe award the Contract to the selected firm. No bids may be withdrawn for a period of ninety(90)days after the Bid opening. Bids must be accompanied by an acceptable 5%Bid Bond,cash,certified check,or money order. 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.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. • Bid Bond-Bid Bond.pdf-Friday June 18,2021 12:30:08 Bid Number: 081282121 Vendor Name: Florida Design�illin �3o"I 1or1fi y06 WWTP Sodium Hypochlorite Tk SPECIAL TERMS AND CONDITIONS PURPOSE:The purpose of this bid is to secure services of a qualified contractor(s)to replace two existing Sodium Hypochlorite(SH)Tanks of about 17,000 gallon capacity each, built according to the Laminate Sequences in specifications of the existing tank, with a wind load of at least 140 mph. AWARD:Successful Bidder awarded shall ensure that proper and sufficient staff,equipment,organization,materials,references and past performance etc.will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission.There is no obligation on the part of the City to award the bid to the lowest bidder,or any bidder.The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City.The City shall be the sole judge of the bids and the City's decision shall be final. INSURANCE:It shall be the responsibility of the successful bidder to maintain workers'compensation insurance,property damage,liability insurance and vehicular liability insurance,during the time any of bidder's personnel are working on City of Boynton Beach property.The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property.Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M.Best's Key Rating Guide,latest edition. INVOICING AND PAYMENT:Payment for any and all invoice(s)that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request.Timely submission of a properly certified invoice(s)in strict accordance with the price(s)and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O.Box 310 Boynton Beach,Florida 33425-0310 All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent;be clearly marked as"partial","complete",or"final invoice."The City will accept partial deliveries.The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment,unless otherwise stated in the Contract Documents are"Net 30 Days"after acceptance of goods or services and receipt of an acceptable invoice as described herein.Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction,the Contractor shall re-submit a corrected invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. • All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner.All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work.It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. • All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. • The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative,and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence,and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring,inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. • To prevent all disputes and litigation,it is agreed by the parties hereto that the Utilities Director or his representative shall decide all questions,difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications,construction,prosecution and fulfillment of the Contract and task orders, and as to the character,quality,amount and value of any work done and materials furnished under or by reason of the Contract,and his estimates and decisions upon all claims,questions and disputes shall be final and conclusive upon the parties hereto. • Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public,obstruct traffic and interfere with business,it is important that once work commences at any site,it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. • In the event any delays or suspension of operations occur,the City reserves the right to hire off duty police,erect barricades,or take whatever actions are necessary to provide for the safety of the site.All costs involved in doing so shall be just claims against Contractor or the Contractor's Performance and Payment Bond.By submitting a bid,the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Utilities Project Manager may authorize in writing an exception.Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed,and shall be authorized to act for the Contractor.The Contractor shall maintain sufficient plant,equipment,and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work.All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times.The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used;and to the method of procedure to be used in the performance of the work. C. It is expressly understood that the Contractor is in all respects an independent Contractor for this work,notwithstanding that under certain conditions,he is bound to follow the directions of the Utilities Project Manager or his representative,and is in no respect an agent,servant or employee of the City. Bid Number: 081282121 Vendor Name: Florida Design�illin �3o"I:ior1fi y06 RESTORATION OF PROPERTY: Property,public or private,if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager,prior to the final acceptance of the work.Such facilities shall include but are not limited to:signalization equipment and miscellaneous hardware removed from construction site,driveways,walkways,walls,fences,mailboxes,sod,landscaping,irrigation systems,footings or underground utilities. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control,the time for completion of the work may be extended by the Utilities Project Manager or his representative.Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven(7)days from Contractor's knowledge of a delay.Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City,by act or omission,intentionally and without reason,cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur.No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever;regardless of by what or by whom caused,even though by other Contractors on the same work,or by times,seasons,or weather;other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Contractor fails to start the work within the time specified,and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing,such permission shall not modify nor waive any liability of the Contractor for damages arising from non-completion of work within the time limit,but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. MATERIALS: a. The Contractor shall provide the services of all workmen,mechanics,tradesmen and other employees trained and skilled in their various occupations and all materials and equipment.The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described,materials and workmanship of every kind shall be in keeping with industry standards.The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City,and shall properly join his work to existing or new construction. c. All materials and every process and operation of manufacture,construction and erection shall be subject to inspection at all times,and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors,or previous acceptance,shall not relieve the Contractor from the obligation to make good defects whenever discovered. FINAL CLEAN UP: Upon completion of the work specified herein,and before acceptance of any part thereof,and any payment made to include final payment,the Contractor shall remove from the site completed,all machinery,equipment surplus and discarded materials and temporary structures.The disposal of all materials,rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the City Engineer.Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. P- I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Jeffrey Hoist,Senior Vice President,Florida Design Drilling Corporation The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid.Do you have a conflict of interest? r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. I have reviewed the File Name below addendurn and Pages afEachments(if applicable) Addendum No 1-West Water Treatment Plant Sodium Hypochlorite Tanks Replacement P 14 Mon June 14 2021 01:22 PM Bid Number: 081282121 Vendor Name: Florida DesignPalgeg1 °�Do tl"I y06 Bid Number: 081282121 Vendor Name: Florida Design�illin �3o"I oO t,"I y 0 6 uq?}4u1�?l~`+l",lr��i�4t1, }f7t t{�sl')i37t t, �\„ t}lis),iitsili,i`rj �}\ � 1�4114t Rjrl i1St t 11r,� t }itf 1Sj tUlliil\7 �4a1 ,f � 0 ll hitt „>Sjjt u Z t \{f Fi {14j`its MENT ,,,t) ?�4ttF�1 A'14A�vl�ti\�T,\tit �i\�t4t��i,,l?t�1r 1 Pi;'�s' 1? �)1, R $i �'�`a,vt ,ll,�lvlr! l trft�il111��{t}jtt,S4� sr{sit i�r{t tr(,t.? .Q ,,►,,r LOR�T�.r{{( 1 ' �) F„ s ,+i l t;;jk ' Y � �,u�4' � �„s ,t4� y , tlA�tttt`•k,1;1,�}\,t��l�>f r,tti}'tV�1� s}�},k}11j�),li 41}s��fq{)tlts�,$i 4irj,�� tl,lsv��A1> 1��11��{,,� S�l}J)��)1 },}?tn,;tF til?t}))y\�Vvs,:,�ititi;Afists j) �a1 itl�j4��t�t}S�tt{F?r%tt?�.t;,''��SYit$'itiit}}3i,(�t5`yt\'li)�l�il`js{3s1�4��jJ�ltisJ�,��t�t�i��t�t)tii+��;�Ftji�}�kilSlfeSltt4�l•�?i,1tSt�ltrst"\lt�t�I+!t�li�jA�`vj,��`+)iv't��t. it,,�(1i{t\},t,j�Ffiir�» t$t Y,t��titi4�, 1—21&4'aBI6• " t. t�) �`j��i�1 sSl?�4skhlitj`a•�k ¢2�,�5 i,js}{��{° tt,�)tF 1�1��1�1r„y � t ,N)�lijh\��}� t,�`t(i)i�k�. t,it3tt��iitt(4s�,Atte,?�}l�S3t'34,(1,1);'�'si�l')bivl}\ij�{,�� i�lt, ssl��t 4{{4kJJlvjX��14��, � I v I s k tDATORY PRE-Bl&CO 1FERENCE AND SITE INSPECT jjy,h t�Sits � S lilt{it��k��}�l�f,(,11 toy S �if t�7ti ti �14y}4ih�)13^t{�� til sl#41t4�t�y 1'kt3444r r ar L`, CATION. (l\1t44i�74q�t{ i ij��11s\}lt` \vll ��svl , �t}Cil lS llf ills F lt�itljl,Sj�� ,kjt}��fs}1)F, OYNTON BEACH h V�lv Vyt,�}, {�1�) CITY'HAL'�`t, t COMMUNITY ROOM 115 ttiitl�� 1 r 1{ir�t�lSyit��l ��F3i tS�l s {,h, 100 Etti1 ",EAN AVENUE `�lv'1`v,+11i'f ltt�1 �y1E,iy(tS;t{ts ,kJ s� ,t`syStt4lt`S �lull ti !Si li�l{tl�f t tt rk,l S}tij t4} {+ sl,t•�it l t?ls tS,�,it til;<}'si�tiltii >t`? fit v)�1t}}heir, 1s,F tkS 4skh4{��h BOYNTON BEACH FL 33435 31t, ,l},, lilt~! j 7' 7 l sy$ s}?t t { t s l S>t 1 � ,I�t( �st ,fl lJt} S h t�'t, tit iilllltgl, tit,}Y r �S�ilit., JUNE 10 ,.: A ,R' i) t1V��j A.M. nfySfit j4��ii�rl�.. `�{{{j} r :'�t1,i��•SS' fit!?s25f�14s?�"C�its�liitisjffr. }j4 st4��Lt';, sf tr 1,��iltlsvy�4!~l ty thtl 1 r Ott 1i ��}Ssa t,E?�4s ! 1�� 1t� 1 At , 4tt4it�Ai';�ts,tt„Al`,{,~U~A}iytyt�t4�stt�}Il��4sj„s, tS i1?�,t'ijjt!} ,!t}(t tt { itt¢7SS3t t}jyyr 1t(tSvf{ ,1�t�si�t`1;S£ljy.,. ll�la�i'lRbt,,, ttt�p�'{j, t\}�h��,ik�}t�' yli¢14tg1S}liy;lSi�tAt{jtttis3i:_,,,, , C d tit h�4 hi2 f, t \1i�1Ai�l��Etl�tt,. .sr"ll) itl`st4tti �1`t, ti SEt lVA1yG .,sl A,t ( , ) \V,t J,I 4t? � r E ,sl is tlJl t,tt,,te„ t i4 its i t`•`i 7 �I }} ) 'Pts a�tit��yhii,ll`4?ti�3;s�1 is,� titj 1 }�tt til,l,is 'RIt P}k 1�t,2vi�v4 ,tt�t �lyRog, �`'��i4�l}4114){t� THE DEADLINE FOR QUESTIONS CONCERNING THIS BID IS: JUNE 7, 2021 (ab- 2:00 P.M. Page 19116 of 1 06 TABLE OF CONTENTS BIDDING REQUIREMENTS: PAGE# Notice to Contractors...........................................................................................1 -2 Instructions to Bidders..........................................................................................3- 15 Special Terms and Conditions................................................................................16 - 19 Bidder Submission Requirements............................................................................20 General Conditions.............................................................................................GC-21 - GC-67 Special Conditions ...............................................................................................68 - 154 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online BidForm...........................................................................................................155- 157 BidProposal......................................................................................................158 BidBond............................................................................................................159 - 162 Bidder's Qualifications Statement...........................................................................163- 166 Bidder's Site Inspection Confirmation......................................................................167 Anti-Kickback Affidavit..........................................................................................168 Non Collusion Affidavit..........................................................................................169 Certification Pursuant to Florida STATUTE § 287.135.................................................170- 171 Warranties.........................................................................................................172- 173 Trench Safety Act Affidavit....................................................................................174 E-Verify Form.....................................................................................................175 - 176 DRAFT CONTRACT: Draft Contract/Agreement ..................................................................................0-1 —C-9 Performance Bond..............................................................................................PFB-1 — PFB-2 PaymentBond...................................................................................................PYB-1 — PYB-2 Warrantyof Title.................................................................................................WT-1 Insurance Advisor............................................................................................. APPENDIX Appendix"A"- Sodium Hypochlorite Tank Drawings/ Plans Appendix"B"—Sodium Hypochlorite Tank Photos When completed and executed,these documents, along with the Plans and Specifications, collectively with applicable Power of Attorney certifications for bond agents and Certificates of Insurance for the Contractor, forms the Contract for this Project. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement TOC Page 191:7 of 06 The City of Boynton Beach Finance/Procurement Services 100 E.Ocean Avenue Boynton Beach,FL 33435 P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6323 NOTICE TO CONTRACTORS Bid Title: WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT BID Number: 081-2821-21 Electronic bids shall be received by the bidding system up until: JUNE 17, 2021; No Later Than 2:30 P.M. (Local Time). All BID's received will be publicly opened and acknowledge of receipt by the City's e-procurement bidding system electronically. Bid's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that bidder's allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF WORK: The City of Boynton Beach is seeking the services of a qualified Contractor to replace two existing Sodium Hypochlorite (SH)Tanks of about 17,000 gallon capacity each, built according to the Laminate Sequences in specifications of the existing tank, with a wind load of at least 140 mph. The work includes the hauling and disposal of the existing SH tanks, disposal of a third abandoned SH tank, furnishing and installation of two new SH tank and reconnection of piping according to original drawing design and appurtenances, and provide as-built drawings (CAD) if any changes to the configuration. The scope of work is more clearly defined in the Contract Documents, Special Conditions and Terms and Conditions for City Furnished Materials (if applicable), Supplemental Conditions for Construction — Pre- Chlorinated Pipe Bursting, Technical Specifications and project drawings, which are hereby not listed in any order of precedence. A MANDATORY Pre-Bid Conference and Site Inspection is scheduled for June 1, 2021, at 9:00 A.M. to be held in the Community Room 115, City Hall, 100 E. Ocean Avenue, Boynton Beach, Florida 33435. Please use the Conference Room 115 door entrance facing Seacrest Blvd.Attendance is mandatory and proof of attendance will be indicated by the Bidder's signature or their appointee on the attendance sheet provided at the Pre-Bid Meeting. Attendees shall visit the site immediately following this meeting, the work site location address is 5469 W. Boynton Beach Blvd., Boynton Beach, FL 33437. The Utilities Department will provide an escort to the site. The Site Inspection Visit Form as provided herein (page 167) must be signed by a representative from the Utilities Department and submitted with the Bid for the submittal to be considered "complete and acceptable". At the time of the opening of bids, each bidder shall be presumed to have inspected the site and to have read to be thoroughly familiar with the plans and Contract Documents (including all addenda). Failure or omission Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 1 page 191A 06 of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent(5%)Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the awarded Contract to the selected firm. No bids may be withdrawn for a period of ninety(90)days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. 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. 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. LOBBYING/CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences,oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation.Additionally,the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes§119.07,sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 2 06 'm WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT BID No.: 081-2821-21 INSTRUCTIONS TO BIDDERS 1. Electronic Invitation to Bid shall be received by the City's e-Procurement bidding system no later than: JUNE 17, 2021 No Later Than 2:30 PM (Local Time). 2. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Bidder to have their BID submittal submitted online. 3. Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 4. It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. 5. To obtain documents online please visit Boynton-beach.bidsandtenders.net. You may preview the BID documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Bidders are cautioned that the timing of their Submittal Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 8. For the above reasons, it is recommended that sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 9. Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at supportp—bidsandtenders.net. 10. Late Submittal Responses are not permitted by the Bidding System. 11. To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Bidder has obtained this Solicitation from a third party,the responsibility is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making BID responses to the City are to be borne by the Bidder. 13. A sample draft agreement that the City intends to execute with the successful firm(s)is contained within this Invitation to Bid for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 3 page 1 92A —6 4 06 14. Each Bidder, by submission of an BID response, acknowledges that in the event of any legal action challenging the award of a BID; damages, if any, shall be limited to the actual cost of the preparation of the BID. 15. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 16. BID FORMS: The Bidder will submit a BID on the BID forms provided. All BID prices, amounts and descriptive information must be legibly entered.The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 17. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 18. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e-Procurement bidding system. 19. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronic by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the Bidding System 20. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation;operating efficiency;training requirements;disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. 21. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 22. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 4 06 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. 23. QUALIFICATIONS OF BIDDERS: The City will only consider solicitation responses from firms normally engaged in performing the type of work specified within the Contract Documents.Vendor must have adequate organization,facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate inability to perform. The City reserves the right to consider a Vendor's history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to successful Vendor.Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 24. DISQUALIFICATION OF BIDDER: More than one Bid from an individual,firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Automatic disqualifiers are as follows: a. Not including an executed Bidder signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to bid due to violations listed under Item No.38, "Public Entity Crimes." d. Not completing the Bid Submittal Forms as required. 25. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions, Bidder must satisfy itself by personal and thorough examination of the location of the proposed Work; Bid Documents; requirements of the Work and the accuracy of the estimate for the quantities of the Work to be done. Following such examination, Bidder shall not at any time after the submission of a Bid, dispute or complain of such estimate the nature of the amount of Work to be done. By submission of its Bid, Bidder certifies and affirms that it has at its own expense conducted any additional examinations, investigations, explorations, tests, and studies; and obtained any additional information and data which pertains to the physical conditions (surface, subsurface, and Underground utilities) at or contiguous to the site or otherwise; prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid price. In addition the Bidder further affirms that they have familiarized themselves with other terms and conditions of the Bid Documents and/or satisfied itself with respect to such conditions and shall make no claims against the CITY or the CONSULTANT if while carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated. Bidder shall bear the cost of modifying the Project to accommodate such conditions. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests, as Bidder deems necessary for submission of its Bid. Bidder shall schedule such access in advance with the CITY. Upon completion of such additional field investigations and tests, Bidder shall completely restore any and all disturbed areas at the Bidders expense. 26. SUBSTITUTE or"OR EQUAL ITEMS": The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute. "Or equal" item(s) of material or equipment may be furnished or used by successful Bidder if acceptable to the CITY. Application for such acceptance must be made ten (10) calendar days prior to the Bid opening date, or such application will not be considered by the CITY. The procedure for submittal of any such applications made after award of the Construction Contract by the successful Bidder for consideration by CONSULTANT is set forth in Section 6.4 of the General Conditions, which may be supplemented in the General Requirements. 27. ADJUSTMENT/CHANGES/DEVIATIONS: No adjustments, changes, or deviations shall be accepted Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 5 06 on any item unless conditions or Specifications of a Bid expressly so provide. All adjustments, changes or deviations shall require prior written approval and shall be binding ONLY if issued though the CITY's Procurement Services Division. 28. MODIFICATIONS AS EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked, "EXCEPTIONS TO THE SPECIFICATIONS" whereby said sheet shall be attached to the Bid. The use of Bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as an exception to the Contract documents. 29. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials. 30. INDEMNIFICATION: The Bid shall include in its price, the sum of $25.00 in consideration for the indemnification provision, as referenced in Section 6.16 of the General Conditions. 31. RECORDS/AUDITS: The Successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The Successful Bidder agrees to make available to the CITY's auditor, during normal business hours and in Miami-Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 32. CONTRACT SECURITY/INSURANCE: When required by the specification herein the successful Bidder shall furnish along with the executed construction contract and/or Purchase Order, a Performance and Payment Bond, and/or Warranty Bond, and insurance certificates as stated in this solicitation, on the CITY's forms, within ten (10) calendar days of receipt of the contract documents for execution. Successful Bidder is required to record the Bonds in the public records of Palm Beach County, Florida and provide the Bond number on the Performance and Payment Bond Form provided herein. Failure to furnish the required Bonds as stated and within the time specified may be cause for rejection of the Bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Such sum shall be a fair estimate of the amount of damages the CITY would sustain due to Bidder's failure to furnish such Bonds. The Performance and Payment Bonds shall remain in effect for one (1) year after completion and acceptance of the Work with liability equal to 25% of the contract price. 33. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful Bidder shall sign and deliver the Construction Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Construction Contract will be executed. Within thirty (30) calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Bidder. At times a purchase order will be issued in lieu of a contract agreement. 34. BIDS TO REMAIN OPEN: All Bids shall remain open for the required number of days after the date of the Bid opening stated in the special provisions, or if no such number of days is stated, all Bids shall remain open for ninety(90)days after the date of the Bid opening prior to award. The CITY may, in its sole discretion, release any Bid and return the Bid Security prior to that start date. 35. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10)days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 36. 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. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 6 06 All Bidders must disclose with their Bid, the name of each of its employees, agents, or relatives who are employees of the CITY. The Bidder represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract, and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section,the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. a. The Bidder represents that it presently has no interest, either direct or indirect, while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term of this contract, including any officer, employee or agent of the CITY. b. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. c. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest or other circumstance that may influence or appear to influence the Bidder's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance,the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 37. BID EXEMPT: Bid items designated as CITY purchases shall not be greater than the price Bidder has provided on other public entity or state of Florida contracts to which Bidder is a party.The CITY reserves the right to Bid separately any item or service if deemed to be in the best interest of the CITY. 38. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s)and report any that are or shall be offered at lower price. 39. 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. 40. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e- Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 7 Page 192 06 Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have receive ALL addenda that are issued. Bidders should check online at Boynton- beach.bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addenda have been issued,the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS"section of the Bidding System. The Bidder is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 41. 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". 42. INTERPRETATIONS: To ensure fair consideration for all Bidders, the CITY prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions; Bidder shall submit a written request to the CITY's Procurement Services Division representative identified in the Bid document at the email address provided, no later than ten (10) days prior to the Bid opening date. Inquiries should reference the bid deadline date. All Special Conditions, Drawings, and Technical Specifications shall take precedence over General Conditions. If there is a conflict between the General Conditions, Special Conditions, Technical Specifications and Drawings;the more stringent specification shall apply. Refer to General Conditions, Para. 3.4, "Order of Precedence" for more details. 43. ANNUAL APPROPRIATION: This agreement shall remain in full force and effect only as long as the expenditures provided for in the agreement have been appropriated by the City commission of the CITY of Boynton Beach in the annual budget for each fiscal year of this agreement, and is subject to termination at any time based on lack of funding. 44. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 45. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked"EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 46. 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. 47. 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 Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 8 Page 1925 1 06 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. 48. 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. 49. 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. 50. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration.The City 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. 51. 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. 52. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a)of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 53. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this BID, bidder 5certifies that bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has Bidder been engaged in business operations in Syria. Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Bidder of the City's determination concerning the false certification. Bidder shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Bidder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Bidder does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 54. NON-COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 9 06 55. TRADE SECRET:Any language contained in the Bidder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 56. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 57. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal 58. ADVERTISING: In submitting a bid,the bidder agrees not to use the results as apart of any commercial advertising.Violation of this stipulation may be subject to action covered under"NONCONFORMANCE WITH CONTRACT CONDITIONS". 59. 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. 60. 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. 61. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 62. 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 Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 10 Page 192 1 06 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. 63. 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. 64. 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. 65. 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. 66. PRICES, TERMS AND PAYMENT: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre-paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 67. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. 68. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, delivery instructions, bid prices, extensions and all instructions pertaining to the ITB. 69. INVOICING AND PAYMENT: Payment for any and all invoice(s)that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled "Progress Payments". All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1) copy and: ➢ Contain the Bidder's Federal Employer Identification Number. ➢ Clearly reference the subject Contract or Purchase Order number; Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 11 Page 1928 Of i 06 ➢ Provide sufficient salient description to identify the goods or services for which payment is requested; ➢ Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or"final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 70. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 71. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s)and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 72. 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. 73. 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. 74. 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. 75. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service; Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 12 pa�:Jle 1929 Of 06 B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession All records stored electronically by Consultant must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 76. E-VERIFY: Contractor is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary,wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor,supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E- Verify System to verify the employment eligibility of: a. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 13 Page 1998 of 06 b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1)year after the date of termination. 77. PROJECT MANAGEMENT REQUIREMENTS: A. This project will utilize an internet-based project management tool called e-Builder EnterpriseTM This internet-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. B. Contractor and Subcontractors shall conduct Project controls,outlined by the Owner,and Engineer, utilizing e-Builder EnterpriseTM. No additional software will be required. The Owner and Engineer will assist the Contractor in providing training to their personnel. C. Contractor shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non-Conformance Notices,Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information,Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e-Builder EnterpriseTM 78. ELECTRONIC FILE REQUIREMENTS: In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Contractor and Subcontractors shall also submit all closeout documents including all "As-Built Drawings", catalog cuts and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings)shall be converted or scanned into the Abode Acrobat (.PDF) file format and uploaded to e-Builder EnterpriseTM. The As-Built Drawings shall also be submitted in AutoCAD (.DWG)format. 79. E-BUILDER IMPLEMENTATION REQUIREMENTS: e-Builder EnterpriseTM is a comprehensive Project and Program Management system that the City of Boynton Beach Utilities will be implementing for managing documents, communications and costs between the Contractor, Engineer, and Owner. e- Builder EnterpriseTM includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment that is accessible to all parties and easy to use. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 14 page 1984 06 • Central Document Vault: e-Builder EnterpriseTM system includes a central database that maintains all project information and manages project communications amongst team members. • Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members. • Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder EnterpriseTM • Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports.These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility. 80. E-BUILDER LICENSING REQUIREMENTS: e-Builder EnterpriseTM User Licenses: Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Contractor, Engineer, and Owner. Each user license includes full access to e-Builder EnterpriseTM including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including: • All hosting, operation, maintenance and data backup of the e-Builder EnterpriseTM software and documents which are maintained in state-of-the-art data centers located throughout the United States. • Quarterly e-Builder EnterpriseTM software enhancements • Unlimited phone, email and web based support 24-hours: The City of Boynton Beach has an e-Builder EnterpriseTM License and will provide the selected General Contractor with a limited number of user licenses for the duration of the project. The City of Boynton Beach will provide basic training for these users; additional training may be procured directly from e- Builder directly at the contractors own cost. 81. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 15 Page 1992 of 1 06 INVITATION TO BID FOR WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT BID No.: 081-2821-21 SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to secure services of a qualified contractor(s)to replace two existing Sodium Hypochlorite (SH) Tanks of about 17,000 gallon capacity each, built according to the Laminate Sequences in specifications of the existing tank, with a wind load of at least 140 mph. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references and past performance etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. INVOICING AND PAYMENT: Payment for any and all invoice(s)that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or"final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 16 06 or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re-submit a corrected invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. • All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. • All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. • The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. • To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or his representative shall decide all questions, difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications, construction, prosecution and fulfillment of the Contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. • Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. • In the event any delays or suspension of operations occur, the City reserves the right to hire off duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against Contractor or the Contractor's Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job site to meet the requirements of the work. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 17 Page 1994 of 06 b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. C. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Utilities Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings or underground utilities. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from Contractor's knowledge of a delay. Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. C. If the Contractor fails to start the work within the time specified, and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non-completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 18 Page 1995 1 06 b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City, and shall properly join his work to existing or new construction. c. All materials and every process and operation of manufacture, construction and erection shall be subject to inspection at all times, and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. FINAL CLEAN UP: Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Contractor shall remove from the site completed, all machinery, equipment surplus and discarded materials and temporary structures. The disposal of all materials, rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the City Engineer. Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. END OF SECTION THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 19 Page 1996 of 1 06 'm WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT BID No.: 081-2821-21 BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included. a) Proposer Acknowledgement— Online Acknowledgement b) Bid Form— Upload Online c) Bid Bond — Upload Online d) Price Proposal— Online Form e) Bidders Qualification Statement— Upload Online f) Site Inspection Confirmation — Upload Online g) Addenda Acknowledgement— Online Acknowledgement h) Anti-Kickback Affidavit— Upload Online i) Non-Collusion Affidavit of Proposer— Upload Online j) Confirmation of Minority Owned Business - Online Form k) Certification Pursuant to Florida Statute § 287.135 - Upload Online 1) Confirmation of Drug Free Workplace - Online Acknowledgement m) Palm Beach Inspector General -Online Acknowledgement n) Local Business Certification - Online Form o) Statement of Non-Submittal (if applicable)- Online Form p) Schedule of Sub-Consultants— Online Form q) Submit current Florida Professional License, including evidence of possession of required licenses or business permits — Upload Online r) Warranties— Upload Online s) Trench Safety Act Affidavit— Online Form t) Submit any Supplemental information relative to this BID— Upload Online Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 20 Page 199:7 of 1 06 GENERAL CONDITIONS TABLE OF CONTENTS Article TITLE No. Article TITLE COVER No. TABLE OF CONTENTS 6.17 Responsibility for Connecting to Existing 1. DEFINITIONS Work 2. PRELIMINARY MATTERS 6.18 Work in Street, Highway or Other Rights- 2.1 Delivery of Bonds and Insurance of-Way Certificates 6.19 Cooperation with Governmental 2.2 Copies of Documents Departments, Public Utilities, Etc. 2.3 Notice to Proceed 6.20 Use of Premises 2.4 Starting the Work 6.21 Protection of Existing Property 2.5 Pre-Construction Conference Improvements 2.6 Site Mobilization Meeting 6.22 Temporary Heat 2.7 Progress Meeting 6.23 Schedule 2.8 Pre-Installation Meeting 6.24 Continuing the Work 2.9 Finalizing Scheduling 6.25 Contractor's General Warranty and 2.10 Submittals Guarantee 3. CONTRACT DOCUMENTS 6.26 Deletion/Oversight/Misstatement 3.1 Intent 6.27 Exceptions to Specifications 3.2 References to Standards 6.28 Silence of Specifications 3.3 Review of Contract Documents 6.29 Quality 3.4 Order of Preference 6.30 Conditions of Materials 3.5 Amending Contract Documents 6.31 Disposal 3.6 Reuse of Documents 6.32 Occupational Safety and Health 4. SITE OF WORK 6.33 O.S.H.A. 4.1 Availability of Lands 6.34 Conditions and Packaging 4.2 Reports of Physical Conditions 6.35 Underwriters Laboratories 4.3 Physical Conditions - Underground 6.36 Asbestos Facilities 6.37 Closeout Submittals 4.4 Differing Site Conditions 6.38 Temporary Barriers and Enclosures 4.5 Reference Points 6.39 Environmental Controls 5. BONDS AND INSURANCE 6.40 Security Procedures 5.1 Bonds 6.41 Product Substitution Procedures 5.2 Insurance 6.42 Field Samples 6. CONTRACTOR'S RESPONSIBILITIES 7. OTHER WORK 6.1 Contractor Status 7.1 Related Work on Site 6.2 Contractor Risk 7.2 Coordination 6.3 Supervision and Superintendence 8. CITY'S RESPONSIBILITIES 6.4 Labor, Material and Equipment 8.1 Communications 6.5 Concerning Subcontractors 8.2 Furnish Data 6.6 Patent, Fees and Royalties 8.3 Payments 6.7 Permits, Laws and Regulations 8.4 Lands, Easements,and Surveys 6.8 Taxes 8.5 Change Orders 6.9 Record Documents/Right to Audit 8.6 Suspension of WORK 6.10 Safety, Protection and Emergencies 8.7 Estimated Dollar Value 6.11 Shop Drawings and Samples 8.8 Quantities 6.12 Site Clean-up 8.9 Additional Terms and Conditions 6.13 Public Convenience and Safety 9. CONSULTANT'S STATUS DURING 6.14 Sanitary Provisions CONSTRUCTION 6.15 Indemnification 9.1 CITY'S Representative 6.16 Claims 9.2 Visits to Site TOC-21 GENERAL CONDITIONS Page 1998 of i 06 9.3 Project Representation Article TITLE 9.4 Clarifications and Interpretations No. Article TITLE 15. SUSPENSION OF WORK AND No. TERMINATION 9.5 Measurements 15.1 CITY May Suspend WORK 9.6 Rejecting Defective Work 15.2 CITY May Terminate for Cause 9.7 Shop Drawings, Change Orders, and 15.3 CITY May Terminate Without Cause Payments 15.4 Removal of Equipment 9.8 Determination for Unit Prices 15.5 Contractor May Stop WORK or Terminate 9.9 Decisions on Disputes 16. DISPUTE RESOLUTION 9.10 Inspections and Testing 16.1 Good Faith Effort 9.11 Limitations on CONSULTANT 16.2 Mediation 10. CHANGES IN WORK 17. MISCELLANEOUS 10.1 Authorized Changes 17.1 Giving Notice 10.2 Unauthorized Changes 17.2 Computation of Time 10.3 Execution of Field Change Order/Change 17.3 Notice of Claims Order 17.4 Cumulative Remedies 11. CHANGE OF CONTRACT PRICE 17.5 Accident and Prevention 11.1 General 17.6 Florida Products and Labor 11.2 Cost of the WORK 17.7 Employees 11.3 Contractor's Fee 17.8 Non-Discrimination 11.4 Cash Allowances 17.9 Drug-Free Workplace 11.5 Unit Price WORK 17.10 Public Entity Crimes 11.6 Omitted WORK 17.11 Assignment 12. CHANGE OF CONTRACT TIME 17.12 Venue 12.1 General 17.13 Funding Out 12.2 Liquidated Damages 17.14 CITY'S Purchasing Card 12.3 Reimbursement of Consultant Expenses 17.15 Debarment 13. TEST AND INSPECTIONS: 17.16 Requirements for Personnel Entering CORRECTION, REMOVAL OR CITY'S property ACCEPTANCE OF DEFECTIVE WORK 17.17 Product Recall 13.1 Notice of Defects 17.18 Rights to Bid Documents 13.2 Access to WORK 17.19 Severability 13.3 Tests and Inspections 17.20 Verification of Employment Status 13.4 Uncovering WORK 17.21 Abbreviations and Symbols 13.5 CITY May Stop the WORK 13.6 Correction or Removal of Defective WORK 13.7 One Year Correction Period 13.8 Acceptance of Defective WORK 13.9 CITY May Correct Defective WORK 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Unit Price Bid Schedule 14.3 Application for Progress Payments 14.4 Contractor's Warranty of Title 14.5 Review of Applications for Progress Payment 14.6 Substantial Completion 14.7 Partial Utilization 14.8 Final Inspection 14.9 Final Application for Payment 14.10 Final Payment for Acceptance 14.11 Waiver of Claims 14.12 Punchlist Procedures 14.13 Reduction of Retainage Procedures TOC-22 GENERAL CONDITIONS Q -6 41 06 ARTICLE 1—DEFINITIONS Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Acceptance: Written Acknowledgement by the CITY's Project Manager that the Work is fully complete in accordance with the Contract Documents. 1.2 Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify,correct,or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form accepted by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 Award Letter:The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated with the award letter,within the time specified,the CITY may enter into a Contract. 1.5 Bid:The offer of the BIDDER submitted on the prescribed form setting forth the prices of the Work. 1.6 Bidder:Any person,firm or corporation submitting a Bid for the Work directly to the CITY. 1.7 Bid Documents: Includes the Invitation to Bid,Instructions to Bidders,Bid Form,and proposed Contract Documents(including all Addenda issued prior to receipt of Bids). 1.8 Bonds:Bid,performance and payment bonds and other instruments of security,furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. 1.9 Change Order:A written order to the CONTRACTOR executed by the CITY,CONSULTANT,and CONTRACTOR authorizing an addition,deletion or revision in the Work,or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4"Clarifications and Interpretations"or orders minor changes in the Work in accordance with para.10.1"Authorized Changes in the Work". 1.10 CITY: The City of Boynton Beach, Florida, a municipal corporation, its authorized and legal representatives, the public entity with whom the CONTRACTOR has entered into the agreement and for whom the Work is to be provided.The term CITY will be used interchangeably with the term OWNER. 1.11 CITY's Representative: The person or persons designated by the CITY's Project Manager. The CITY's Project Manager may include the CONSULTANT. 1.12 Consultant:The person,firm or corporation named as such in the Contract Documents that acts as the CITY's authorized agent within the scope of work entrusted to them at the CITY. 1.13 Consultant's Representative: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR. 1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement. 1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by and signed and sealed by the CONSULTANT. The Conformed Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project. 1.16 Contract Documents:The Contract Documents establishing the rights and obligations of the parties and include the Contract,Contract/Bid,Addenda, CONTRACTOR's Bid(including documentation accompanying the Bid and any post Bid documentation submitted prior to the notice of award,when attached as an exhibit to the Contract,the Notice to Proceed,the Bonds,these General Conditions,the Supplementary Conditions,Special Conditions, and the Drawings as the same are more specifically identified in the Contract,together shall all Written Amendments,Change Orders,Field Change Orders(change orders as a result of Field changes),and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract.Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents.Files in electronic media format or text,data,graphics,and the like that may be furnished by CITY to CONTRACTOR are not Contract Documents. 1.17 Contract Price:The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document. 1.18 Contract Time:The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work. 1.19 CONTRACTOR:The individual,partnership,corporation,joint venture,or other legal entity with whom the CITY has entered into the Contract to perform work to complete the project that is the subject of the Bid. 1.20 DAY:A calendar day of 24 hours measured from midnight to the next midnight. 1.21 Defective Work: Work that is unsatisfactory,faulty, or deficient, or that does not conform to the Contract Documents, or does not meet the requirements of any inspection,reference standard,test or approval referred to in the Contract Documents,or Work that has been damaged prior to the CONSULTANT's recommendation of final payment. 1.22 Drawings:The drawings,plans,maps,profiles,diagrams,and other graphic representations which show character,location,nature,extent and scope of the Work,which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as defined in this paragraph. GC-23 page 194A -6 06 1.23 Effective Date of the Contract: The date indicated in the Contract,but if no such date is indicated,it means the last date on which the Contract is signed by the last of all parties to execute the Contract. 1.24 Field Order: A written order issued by the CITY's Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The Field Order shall not impact Contract Price or Contract Time. 1.25 General Requirements:See General Conditions and Section 1 of the Technical Specifications as Special Conditions. 1.26 Laws and Regulations;Laws or Regulations:Laws,rules,codes,regulations,ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations,either federal,state or local. 1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project. 1.28 Notice to Proceed:The written notice issued by the CITY,or its agents,to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time,and the date the Contract Work to be completed. 1.29 Partial Utilization:Placing a portion of the Work in service for the purpose for which it is intended(or a related purpose)before reaching Substantial Completion for all the Work. 1.30 Project:The total construction of which the Work to be provided under the Contract Documents. 1.31 Resident Project Representative:The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof. 1.32 Responsible Bidder,Offeror,Quoter,or Respondent:An individual or business that has submitted a bid,offer,proposal,quotation,or response, which has the capability in all respects to perform fully the Contract requirements,and the integrity and reliability which will give reasonable assurance of good faith and performance. 1.33 Responsive Bidder,Offeror,Quoter,or Respondent,Vendor,Contractor:an individual,or business that has submitted a bid,offer, proposal, quotation,or response,which conforms in all material respects to the solicitation,including but not limited to compliance with any W/MBE requirements contained within the solicitation. 1.34 Shop Drawings:All drawings,diagrams, illustrations, brochures,schedules and other data which are prepared by or for the CONTRACTOR,a Subcontractor,manufacturer,supplier or distributor and which illustrate the equipment,material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives to take exception to any product,material,system or installation depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field Order or Change Order or any other modification of the Contract Documents,and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. 1.35 Special Conditions:When included as part of the Contract Documents,Special Conditions refer only to the Work under this Contract. Special Conditions take precedence over the General Conditions. 1.36 Specifications:Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems, standards or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub-Bidder:One who submits a Bid to a Bidder. 1.38 Sub-Contractor: An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub-Contractor for the performance of a part of the Work at the Site. 1.39 Substantial Completion:For purposes of this Contract,and for compliance of those procedures,duties and obligations as set forth in Florida Statutes §218.70 and§218.735,the term Substantial Completion shall be as follows,in lieu of any other definition: a. "Substantial Completion"is defined as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes,including but not limited to the completion of all specified systems and items relating to life safety and regulatory use,with the exception of incidental or incomplete items where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. b. Additional conditions(if any)needed to achieve Substantial Completion of the Work and which are project specific as set forth in attached Special Conditions. C. When the entire Project is considered to be Substantially Complete,this does not constitute Final Acceptance or Final Completion of the entire Project. 1.40 Successful Bidder: The lowest,qualified,responsible and responsive Bidder to whom the CITY(on the basis of the CITY's evaluation as hereinafter provided)makes an award. 1.41 Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions. 1.42 Supplier:A manufacturer,fabricator,supplier,distributor,material man,or vendor. 1.43 Surety:The corporate bodywhich is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid: a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit,overhead costs,and other indirect costs. b. Materially Unbalanced Bid:a bid which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced GC-24 Page 1941 OF 1 J-06 bid will result in the lowest ultimate cost to the CITY,or which is so mathematically unbalanced as to result in an advanced payment. 1.45 Unit Price Work:Work to be paid for on the basis of unit prices. 1.46 Utilities:All pipelines,conduits,ducts,cables,wires,manholes,vaults,tanks,tunnels,or other such facilities or attachments,and any encasements containing such facilities which have been installed underground or above ground to furnish any of the following services or materials:electricity,gases, steam,liquid petroleum,telephone,or other communications,cable television,water supply or distribution,sewage and drainage removal,traffic or other control systems. 1.47 Work:Any and all obligations,duties,and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the successful Bidder/CONTRACTOR under the Contract Documents,including all labor,materials,equipment,and other incidentals,and the furnished thereof. 1.48 Written Amendment:A written amendment of the Contract Documents,signed by the CITY and CONTRACTOR on or after the Effective Date of the Contract. ARTICLE 2—PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES: 2.1.1 The CONTRACTOR shall deliver to the CITY such Bonds and Insurance Policies,Certificates or other documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. The aforementioned documents must be submitted to the CITY prior to any work being performed. 2.2 COPIES OF DOCUMENTS: 2.2.1 The CITY shall furnish to CONTRACTOR ONE(1)copy(unless additional copies exist)of the Conformed Contract Documents for the execution of the Work. CONTRACTOR shall be responsible for procuring additional copies from the CONSULTANT. 2.3 NOTICE TO PROCEED: 2.3.1 The Contract Times shall commence to run on the date stated in the Notice to Proceed. 2.4 COMMENCEMENT THE WORK: 2.4.1 CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed,but no Work shall be done at the Site prior to such commencement date. 2.4.2 CONTRACTOR's Review of the Contract Documents: Before undertaking each part of the Work,CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to CONSULTANT any conflict,error,ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby. 2.5 PRE-CONSTRUCTION MEETING: 2.5.1 The CONTRACTOR is required to attend a preconstruction meeting within ten(10)days after the effective date of the Contract,but before any Work at the Site is started(unless otherwise specified in the Special Conditions). This meeting shall be attended by the CITY, CONSULTANT and others as appropriate in order to discuss the Work. 2.5.2 The CONTRACTOR's initial schedule for shop drawings submittals,obtaining permits and Plan of Operation and Critical Path Method (CPM)Schedule shall be reviewed and finalized. As a minimum,the CONTRACTOR's representatives should include its project manager and schedule expert. If the submittals are not finalized at the end of the meeting,additional meetings shall be held so that the submittals can be finalized prior to the submittal of the first Application for Payment. No Application for Payment shall be processed prior to receiving acceptable initial submittals from the CONTRACTOR. 2.5.3 CITY shall schedule pre-construction meeting. 2.5.3.1 Attendance Required: CITY's Project Manager, CONSULTANT, and CONTRACTOR/CM Project Manager anc Superintendent. 2.5.3.2 Agenda:Distribution of Conformed Contract Documents,Confirmation based on prior submission(during Bid process)of the list of Subcontractors,list of Products,Project Safety Plan,Schedule of Values and Progress Schedule. 2.5.3.3 Designation of personnel representing the parties in Contract and the CONSULTANT. 2.5.3.4 Procedures and processing of field decisions,submittals,substitutions,applications for payments,proposal requests,Change Orders,and Contract close-out procedures. 2.5.3.5 Issuance of Notice to Proceed. 2.5.3.6 Copies of the Application for Payment, Change Order, Submittal Requirements/Record, Request for Information (RFI), Shutdown Request,Boynton Beach Department of Engineering Right-of-Way Permit Procedure and Project Sign format will be distributed. 2.6 SITE MOBILIZATION MEETING: 2.6.1 CITY will schedule a meeting at the Project Site prior to CONTRACTOR occupancy. 2.6.2 Attendance Required:CITY,CONSULTANT,Special Consultants,and CONTRACTOR,CONTRACTOR's superintendent,and major Sub- Contractors. GC-25 Page 19422 of i 06 2.6.3 Agenda: 2.6.3.1 Use of premises by CITY and CONTRACTOR. 2.6.2.1 CITY's requirements and partial occupancy. 2.6.2.2 Construction facilities and controls provided by CITY. 2.6.2.3 Temporary utilities provided by the CITY. 2.6.2.4 Survey and building layout 2.6.2.5 Security and housekeeping procedures. 2.6.2.6 Schedules 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.6.2.9 Procedures for maintaining record documents. 2.6.2.10 Requirements for start-up of equipment. 2.6.2.11 Inspection and acceptance of equipment put into service during construction period. 2.6.2.12 CONSULTANT shall record minutes and distribute copies within two(2)days after meeting to participants,with copies to all, participants including CONTRACTOR,and those affected by decisions made. 2.7 PROGRESS MEETINGS 2.7.1 Schedule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings, prepare agenda with copies for participants,and preside at meetings. 2.7.2 Attendance Required:Job superintendent,major Sub-Contractors and suppliers,CITY,CONSULTANT,as appropriate to agenda topics for each meeting. 2.7.3 Agenda: 2.7.3.1 Review minutes of previous meetings. 2.7.3.2 Review of work progress. 2.7.3.3 Field observations,problems and decisions. 2.7.3.4 Identification of problems that impeded planned progress. 2.7.3.5 Review of submittal,schedule and status of submittals. 2.7.3.6 Review of off-site fabrication and delivery schedules. 2.7.3.7 Maintenance of progress schedule. 2.7.3.8 Corrective measures to regain projected schedules. 2.7.3.9 Planned progress during succeeding work period. 2.7.3.10 Coordination of projected progress. 2.7.3.11 Maintenance and quality of work standards. 2.7.3.12 Effect of proposed changes on progress schedule and coordination. 2.7.3.13 Other business related to work. 2.7.3.14 Record minutes and distribute copies within two(2)days after meeting to participants,with copies to CONSULTANT,CITY, and those affected by decisions made. 2.8 PRE-INSTALLATION MEETING: 2.8.1 When required in individual specification section,convene a pre-installation meeting at the site prior to commencing work on the section. 2.8.2 Require attendance of parties directly affecting,or affected by,work of the specific section. 2.8.3 Notify CITY and CONSULTANT five(5)working days in advance of meeting date. 2.8.4 Prepare agenda and preside at meeting. 2.8.5 Review conditions of installation,preparation and installation procedures. 2.8.6 Review coordination with related work. 2.8.7 Record minutes and distribute copies within three(3)days after meeting to participants with copies to CONSULTANT,CITY and those affected by decisions made. 2.9 FINALIZING SCHEDULES: 2.9.1 Within ten(10)days of receiving the Notice to Proceed,the CONTRACTOR shall submit the final schedule approved by the CITY and CONSULTANT. The finalized progress schedule shall be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time. Such acceptance shall neither impose on the CITY's responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility thereof. The finalized schedule of Shop Drawing submissions shall be acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized Schedule of Values shall be acceptable to the CITY as to form and substance. 2.10 SUBMITTAL PROCEDURES: 2.10.1 SCOPE OF WORK:Administrative and procedural requirements for processing of submittals during construction process.Submittals may include the following: a) Proposed Products Lists b) Proposed Vendor List c) Product Data d) Shop Drawings e) Samples GC-26 page 194P -6 06 f) Design Data g) Field Test Reporting h) Quality Control Reporting i) Certificates j) Manufacturer's Installation,Handing and Storage Instructions k) Manufacturer's Field Reports 1) Erection Drawings m) Close-out Documents n) Warranties o) Scheduling of Work p) Construction Progress Schedule q) Submittals Schedule r) Survey and Layout Data s) Construction Progress Reporting t) Periodic Work Observation u) Photographic Documentation v) Purchase Order Tracking w) Operation and Maintenance Documentation 2.10.2 RELATED SECTIONS: A. Payment Procedures B. Project Coordination C. References D. Quality Control E. Product Storage and Handling Requirements F. Close-out Submittals 2.10.2.1 SEE 2.10.2 RELATED SECTIONS AND SUBMITTAL SECTIONS 2.10.1 FOR INDIVIDUAL SUBMITTAL PROCEDURES. 2.10.3 SUBMITTAL PROCEDURES-GENERAL 2.10.3.1 Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY. 2.10.3.2 Transmit each submittal with CITY's Standard Transmittal Form. 2.10.3.3 Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix. 2.10.3.4 Identify project,CONTRACTOR,Sub-Contractor or supplier pertinent drawing and detail number,and specification section number,as appropriate. 2.10.3.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval,verification of products required, field dimensions,adjacent construction work,and coordination of information are in accord with requirements of the Work and Contract Documents. 2.10.3.6 Schedule submittals to expedite the Project,and delivery to CONSULTANT and CITY at business address. Coordinate submission of related items. 2.10.3.7 For each submittal for review,allow fifteen(15)days including delivery time to and from the CONTRACTOR. 2.10.3.8 Identify variations from Contract Documents and product or system limitations,which may be detrimental to successful performance of the completed Work. 2.10.3.9 Provide space for CONTRACTOR and CONSULTANT review stamps. 2.10.3.10 When revised for resubmission,identify all changes made since previous submission. 2.10.3.11 Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 2.10.3.12 Submittals not requested will not be recognized or processed. 2.10.4 PRODUCT DATA 2.10.4.1 Product Data for Review: 2.10.4.1.1 Submit to CONSULTANT for review for purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2.10.4.1.2 After review,provide copies and distribute per Submittal Procedures article above and for Record Documents purposes described in the Special Conditions 01740"Project Documentation and Closeout." 2.10.4.2 Product Data for Project Information: 2.10.4.2.1 Submittal for CONSULTANT's knowledge as contract administrator for CITY. 2.10.4.3 Product Data for Project Close-out. 2.10.4.3.1 Submit for CITY's benefit during and after the project completion. 2.10.4.4 Submit required number of copies as per CONTRACTOR/CM,plus two(2)copies for CONSULTANT. 2.10.4.5 Mark each copy to identify applicable products,models,options and other data. 2.10.4.6 Supplement manufacturers'standard data to provide information unique to project. 2.10.4.7 Indicate product utility and electrical characteristics,utility connection requirements,and location of utility outlets for service for functional equipment and appliances. 2.10.4.8 After review,distribute in accord with Submittal Procedures article above and provide copies for Record Documents described in the GC-27 page 194 4 -6 06 Special Conditions 01740"Project Documentation and Closeout." 2.10.5 CONSTRUCTION SUBMITTALS 2.10.5.1 Submit one(1)copy of Building Permit,Site Permits,Environmental Permits,or other permits required for construction of work. 2.10.5.2 Submit Payment Applications to CONSULTANT for review for purpose of checking conformance with information given and design concept expressed in Contract Documents. 2.10.5.3 Certificates 2.10.5.3.1 When specified, submit certification by manufacturer, installation/application Sub-Contractor, or CONTRACTOR to CONSULTANT,in quantities specified for Product Data. 2.10.5.3.2 Indicate material or Product conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date,affidavits,and certifications as appropriate. 2.10.5.3.4 Certificates may be recent or previous test results on material or Product,but must be acceptable to CONSULTANT. 2.10.5.4 Manufacturer's Instructions: 2.10.5.4.1 When specified, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing,to CONSULTANT for delivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procedures,perimeter conditions requiring special attention,and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control and Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Field Reports: 2.10.5.5.1 Submit reports to CONSULTANT and CITY's Project Manager. 2.10.5.5.2 Submit report within ten(10)days of observation to CONSULTANT. 2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6 Erection Drawings: 2.10.5.6.1 Submit drawings to CONSULTANT and CITY's Project Manager. 2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY. ARTICLE 3—USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary:what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County,Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work,functionally complete,to be constructed in accordance with the Contract Documents. Any labor,documentation,services,materials,or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: 3.2.1 Reference to standard specifications,manuals or codes of any technical society,organization,or association,or to the Laws or Regulations of any governmental authority,whether such reference be specific or by implication,shall mean the latest standard specification,manual, code or Laws or Regulations in effect at the time of opening of Bids,except as maybe otherwise specifically stated. However,no provision of any referenced standard specification,manual or code(whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their agents or employees from those set forth in the Contract Documents,nor shall it be effective to assign to CITY,CONSULTANT,or CONSULTANT's agents or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. 3.3 REVIEW OF CONTRACT DOCUMENTS: 3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part hereof and consist of the following: 3.3.1.1 The Purchase Order 3.3.1.2 Contractor's Bid and Bid Bonds 3.3.1.3 Bid Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Bidders 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Addenda 3.3.1.10 Recorded Public Construction Performance and Payment Bond in a form supplied by the CITY,which shall be provided to the CITY by the CONTRACTOR, along with the return of an executed Purchase Order. The CONTRACTOR shall be responsible for recording the Public Construction Bond. GC-28 page 1 94c; —6 4 06 3.3.1.11 Insurance Certificates shall be provided by the CONTRACTOR,along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications,including change orders,duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments,any conflict between the terms and conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted in favor of this Contract. 3.3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, the CONTRACTOR shall so notify the CONSULTANT,in writing,at once and before proceeding with the Work affected thereby,and shall obtain written interpretation or clarification except in an emergency as authorized in paragraph 6.13 3.4 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS: 3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents,the order of precedence shall be as follows: 1. Change Order 2. Construction Contract or Purchase Order. 3. Addenda,with later date having greater priority. 4. Bid Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bidders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. However,In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents,the following descending order of precedence shall prevail: 1. Specifications 2. Drawings 3. Special/Supplemental Conditions 4. General Conditions 5. Item Description. 3.4.2 With reference to Drawings,the order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail drawings govern over general drawings. 3. Addenda/Change Order drawings govern over any other drawings. 4. Drawings govern over standard drawings. 3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5(Amending of Contract Documents),the provisions of the Contract Documents shall take precedence in resolving any conflict,error,ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard,specifications,manual,code or instruction(whether or not specifically incorporated by reference in the Contract Documents),or 2. The provisions of any such Law or Regulations applicable to the performance of the Work(unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of CITY,CONTRACTOR or CONSULTANT,or any of their Sub-Contractors,agents or employees from those set forth in the Contract Documents,nor shall it be effective to assign to CITY,CONSULTANTS or any of CONSULTANT's agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract Documents. 3.5 AMENDING CONTRACT DOCUMENTS: 3.5.1 The Contract Documents may be amended to provide for additions,deletions and revisions in the Work or to modify the terms and conditions thereof by a Change Order(pursuant to Article 10,Changes in Work). 3.5.2 Additionally,the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized,in one or more of the following ways: 3.5.2.1 A Change Order(pursuant to paragraph 10,Changes in Work) 3.5.2.2 CONSULTANT's approval of a Shop Drawings or sample(pursuant to paragraph 6.11,Shop Drawings and Samples),or 3.5.2.3 CONSULTANT's written interpretation or clarification(pursuant to paragraph 9.4,Clarifications and Interpretations). 3.6 REUSE OF DOCUMENTS: 3.6.1 Neither CONTRACTOR nor any Sub-Contractor or Supplier or other persons or organizations performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings,Special Conditions or other documents used on the Work,and,they shall not reuse any of these on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. ARTICLE 4—SITE OF WORK GC-29 page I 94A —6 4 06 4.1 AVAILABILITY OF LANDS: 4.1.1 The CITY shall furnish,as indicated in the Contract Documents,the lands upon which the Work is to be performed,rights-of-way and easements for access thereto and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the CITY,unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands of rights-of-way provided. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities of storage of materials and equipment. 4.1.2 Occupying Private Land:The CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner,and a copy of such easement furnished to the CITY and CONSULTANT prior to said use,and neither the CITY nor the CONSULTANT shall be liable for any claims or damages resulting from the CONTRACTOR's trespass on or use of any such properties. The CONTRACTOR shall provide the CITY with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work. 4.1.3 Work in State,County and CITY Rights-of-Way and Easements:When the Work involves the installation of sanitary sewers,storm sewers, drains,water mains,manholes, underground structures,or other disturbances of existing features in or across streets,rights-of-way, easements,or other property,the CONTRACTOR shall(as the Work progresses)promptly back-fill,compact,grade and otherwise restore the disturbed area to a basic condition which shall permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth,large stones,boulders,and debris shall be removed so that the Site presents a neat appearance as part of the Contract. 4.1.4 Work Adjacent to Telephone,Power,Cable TV,and Gas Company Structures:In all cases where Work is to be performed near telephone, power,water,sewer,drainage,cable TV,or gas company facilities,the CONTRACTOR shall provide written notification to the respective companies of the areas of which Work is to be performed,prior to the actual performance of any Work in these areas. 4.1.5 Use of Public Streets:The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular and non-vehicular traffic. The CONTRACTOR shall remove any earth or excavated materials spilled from trucks and clean the streets to the satisfaction of the CITY,the CONSULTANT,the Florida Department of Transportation,or other agency or governmental entity having jurisdiction,as applicable. 4.2 REPORTS OF PHYSICAL CONDITIONS: 4.2.1 Subsurface Explorations:Where applicable,reference is made in the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.2 Existing Structures:Where applicable,reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities referred to in paragraph 4.3 herein) which are at or contiguous to the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.3 Neither the CITY nor CONSULTANT makes any interpretation as to the completeness of the reports or drawings referred to in paragraphs 4.2.1 "Subsurface Explorations" or 4.2.2"Existing Structures" above or the accuracy of any data or information contained herein. CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but not for the completeness thereof for CONTRACTOR"s purposes including but not limited to, any aspects of the means, methods, techniques, sequences,and procedures of construction to be employed by the CONTRACTOR and safety precautions and programs incident thereto. The CONTRACTOR may not rely upon any interpretation of such technical data,including any interpolation or extrapolation thereof,or any non-technical data,interpretations,and opinions contained therein. 4.2.4 Where the dimensions and location of existing structures are of importance to the installation or connection of new Work, the CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR's failure to verify such dimensions and locations, or for inaccurate verifications by CONTRACTOR. CONTRACTOR shall bear the full cost of any modifications to the Work which result from subsurface conditions which result from subsurface conditions which could have been reasonably been discovered prior to commencement of the Work or a portion of the work. 4.3 PHYSICAL CONDITIONS—UNDERGROUND FACILITIES: 4.3.1 Indicated:The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the Site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 4.3.1.1 The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data,and 4.3.1.2 The CONTRACTOR shall notify the Underground Service Alert(USA)System,Phone No.1-800-227-2600 and Sunshine State One Call Services(1-800-432-4770)at least forty-eight(48)hours in advance of the commencement of Work at any site to allow the member of utilities to examine the construction site and mark the location of the utilities'respective facilities. 4.3.1.3 The CONTRACTOR acknowledges that some(or all)of the utility companies with facilities shown on the drawings may not be members of the USA System or Sunshine State One Call Services,and therefore,not automatically contacted by the above referenced telephone number.The CONTRACTOR will be responsible for making themselves aware of utility company facilities not reported by the USA System or Sunshine State One Call Services,and shall be liable for any and all damages stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities. The CONTRACTOR shall be responsible for notifying all of the utilities at least forty-eight(48) hours in advance of the commencement of Work at any site to allow the utilities to examine the construction site and mark the location of the utilities' respective facilities. The CONTRACTOR shall also be responsible for verifying that each utility has responsibly responded to such notification. 4.3.1.4 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. Further, the GC-30 06 CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in Contract Documents,for coordination of the Work with the owners of such Underground Facilities during construction,for the safety and protection thereof as provided in paragraph 6.10,and repairing any damage thereto resulting from Work,the cost of all of which shall be considered as having been included in the Contract Price. 4.3.1.5 All water pipes,sanitary sewers,storm drains,force mains,gas mains,or other pipes,telephone or power cables or conduits, pipe or conduit casings,curbs,sidewalks,service lines,and all other obstructions,whether or not shown,shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify both the CITY and occupant of such facilities five(5)calendar days before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables,the CONTRACTOR shall obtain permission from the CITY or occupant,or shall make suitable arrangements for their disconnection by the CITY or occupant. The CONTRACTOR shall be responsible for all damages to any such pipes,conduits or cables,and shall restore them to service promptly,as part of the Work,as soon as the Work has progressed past the point involved. Approximate locations of known water,sanitary,drainage,natural gas,power,telephone and cable TV installations along the route of new pipelines or in the vicinity of new Work are shown,but are to be verified in the field by the CONTRACTOR prior to performing the Work. The CONTRACTOR shall uncover these pipes, ducts,cables,etc. carefully by hand prior to installing their work. Any discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. 4.3.2 Not Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown,nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of,CONTRACTOR shall promptly,after becoming aware of thereof and before performing any Work affected thereby(except in an emergency as permitted by paragraph 6.10), identify the owner of such Underground Facility and give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility.The Contract Documents shall be amended or supplemented to the extent necessary.During such time,CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13. 4.4 DIFFERING SITE CONDITIONS 4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing,of the following unforeseen conditions,hereinafter called differing Site conditions,within twenty-four(24)hours upon their discovery(but in no event later than seven(7)days after their discovery)and before they are disturbed: 4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated,described,or delineated in the Contract Documents,including those reports discussed in paragraph 4.2 and 4.3(Physical Conditions,Underground Facilities),and 4.4.1.2 Any unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in paragraph 4.2 and 4.3 4.4.2 CONSULTANT shall promptly review the pertinent conditions,determine the necessity of obtaining additional explorations or tests with respect thereto,and advise the CITY in writing(with a copy to the CONTRACTOR)of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concludes that because of newly discovered conditions a change in the Contract Documents is required,a Change Order shall be issued as provided in Article 10(Changes in Work)to reflect and document the consequences of the difference. 4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof,shall be allowable to the extent that they are attributable to any such inaccuracy or difference.No such change shall occur if the differing site conditions could reasonably have been discovered by CONTRACTOR prior to commencement of Work, or a portion of the Work,through the subsurface explorations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof,a claim may be made therefor as provided in Article 11(Change of Contract Price) and Article 12(Change of Contract Time). 4.4.5 The CONTRACTOR's failure to give notice of differing Site conditions within twenty-four(24)hours or no later than seven(7)days of their discovery and before they are disturbed, shall constitute a waiver of all claims in connection therewith,whether direct or consequential in nature. 4.5 REFERENCE POINTS: 4.5.1 The CITY shall provide,if available,engineering surveys to establish reference points for construction,which in CONSULTANT'sjudgment are necessary to enable CONTRACTOR to proceed with the Work. 4.5.2 CONTRACTOR shall be responsible for laying out the Work(unless otherwise specified in the General Requirements),shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5—BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executed Contract or receipt of Award letter from the CITY,furnish Performance and Payment Bonds,each in an amount at least ONE HUNDRED PRECENT(100%)of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. Said bonds must be provided to the CITY within ten(10) business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY; or the CITY,at its sole discretion and option may terminate the contract. These bonds shall remain in effect at least until one(1)year GC-31 page 194A —6 4 06 after the date when final payment becomes due,except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions. Each Bond shall be furnished in an amount equal to ONE HUNDRED PERCENT(100%)of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specified and supplied by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognized Surety Company,acceptable to the CITY,listed on the current list of"Companies Holcing Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies"as published in Circular 570 (amended) by the Audit Staff,Bureau of Government Financial Operations vs Treasury Department,and meet other requirements of Section 287.0935 Florida Statutes. For projects exceeding five hundred thousand dollars($500,000),all bonds shall be placed with sureties with Best Ratings as stated below: The name,address,and telephone number of the surety and its agent must be listed on the bond. 5.1.3 For contracts up to$499,999.99,the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Bid is issued for the Work,otherwise the surety shall have the minimum ratings: CONTRACT AMOUNT BEST KEY RATING Under$500,000 Class IX A or better $500,000 to Class XI A or $2,499,999.99 better Over$2,500,000 Class XIV A or better 5.1.4 The Bond shall specifically incorporate and acknowledge the Surety's responsibility for liquidated damages. 5.1.5 Bonds shall be executed and issued by a registered agent,licensed and having an office in the State of Florida representing such corporate sureties. 5.1.6 If the CONTRACTOR is a partnership,the Bond shall be signed by each of the individuals who are partners;if a corporation,the Bond shall be signed in the correct corporate name by duly authorized officer,agent,or attorney-in-fact. There shall be an appropriate number of executed counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond shall be accompanied by a)appropriate acknowledgement of the respective parties,b)appropriate duly certified copy of Power-of-Attorney or other certification of authority where Bond is executed by agent,officer or other representative of CONTRACTOR or Surety;c)duly certified extract from by-laws or resolutions of Surety under which Power-of-Attomey,or other certificate of Authority of its agent, officer or representative was issued. 5.1.7 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent,or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 5.1.3 and 5.1.4,CONTRACTOR shall within five(5) days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY's form,and the CITY has approved the Bond. 5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County,Florida. Proof of recordation must be submitted to Procurement Services Division.The Bond number must be stated on the first page of the Bond. 5.2 INSURANCE: 5.2.1 The CONTRACTOR agrees to,in the performance of Work and services under this Agreement,comply with all federal,state,and local laws and regulations now in effect,or hereinafter enacted during the term of this Agreement that are applicable to the CONTRACTOR,its employees,agents,or Sub-Contractors,if any,with respect to the Work and services described herein. The CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as required by the CITY's Risk Management Department before beginning work under this Agreement.The CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. The CONTRACTOR shall provide to the CITY's Risk Management Department,all insurance certificates required under this section prior to beginning any work under this Agreement. The CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to it for failure to either CONTRACTOR or any Sub-Contractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage,which the CONTRACTOR agrees to maintain during the term of this Contract,unless otherwise stated: GC-32 Page 1949 %5F 1 J-06 Occurrence Aggregate Line of Business/Coverage $1,000,000 $2,000,000 Commercial General Liability, including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $2,000,000 (including owned, non- owned,and hired) Worker's Compensation&Employer's Liability -Statutory Limits: $500,000 per each disease $500,000 per each accident and $500,000 each employee 5.2.2 The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement. 5.2.3 Neither the CONTRACTOR nor any Sub-Contractor shall commence work under this Contract until they have obtained all insurance required under this section and have supplied the CITY with evidence of such coverage in the form of an insurance certificate and endorsement. The CONTRACTOR shall ensure that all Sub-Contractors shall comply with the above guidelines and shall maintain the necessary coverage throughout the term of this Agreement. In the CITY's sole discretion,CONTRACTOR's failure to timely secure all required insurance shall void this Agreement and the Bid Award and the CITY may select and contract with another reasonable Bidder. 5.2.4 All insurance carriers shall be rated at least A-VII per A.M.Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be"Occurrence"form. Each carrier shall give the CITY sixty(60)days notice prior to cancellation. 5.2.5 The CONTRACTOR's general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, representatives and elected officials as an"additional insured".The CONTRACTOR's Worker's Compensation carrier shall provide a Waiver of Subrogation to the CITY.The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions. 5.2.6 The CITY may require that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement,the CONTRACTOR must provide the CITY with evidence of Professional Liability Insurance with,at a minimum,a limit of$1,000,000 per occurrence and$2,000,000 in the aggregate. "Claims-Made" forms are acceptable for Professional Liability Insurance. 5.2.7 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event,the Bidder shall maintain such Professional Liability Insurance in effect for three(3)years after the completion of the Project. 5.2.8 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker's Compensation Insurance,the U.S.Longshoremen and Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY require the Bidder to carry Builder's Risk Insurance for the Project,it must be in the amount equal to the full replacement cost of the Project. 5.2.10 Fulfillment by the Bidder of the insurance provisions does not limit the Bidder's liability to the amount of the policy limits. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.1 CONTRACTOR STATUS: 6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor,between the CITY and the CONTRACTOR,its employees, agents, Sub-Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole responsibility for the means,methods,techniques,sequences,and production of the Work. 6.2 CONTRACTOR RISK: 6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR,on account of the amount or character of the Work,or because of the nature of the ground beneath,in or on which the Work is done is different from what was assumed or expected,or because of bad weather,or because of errors or omissions in their or its bid on the Contract Price,or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the Site,has conducted sufficient investigation of the surface and sub-surface conditions in order to submit its bid,has become familiar with the local conditions under which the Work is to be performed,and correlated personal observations with the GC-33 page 195A -6 06 requirements of the Contract Documents. 6.2.2 The CONTRACTOR shall protect the entire Work,all materials under the Contract and the CITY's property(including machinery and equipment)in,or on,or adjacent to the Site of the Work until final completion of Work,from action of the elements,acts of other contractors, or except as otherwise provided in the Contract Documents,and from any other causes whatsoever,should any damage occur by reason of any of the foregoing,the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Manager. Neither the CITY,nor its officers,employees,or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the CONTRACTOR. 6.2.3 At its expense,the CONTRACTOR shall take all necessary precautions(including without limitation)the furnishing of guards,fences, warning signs,walks,flags,cables and lights for the safety of and the prevention of injury,loss and damage to persons and property. The term"persons"includes without limitations,members of the public,the CITY and its employees and agents,the Project Manager and his/her employees,CONTRACTOR's employees,CONTRACTOR"s Sub-Contractors and Sub-Contractors respective employees,who are on or about or adjacent to the premises where said Work is to be performed.CONTRACTOR shall comply with all applicable provisions of safety laws,rules,ordinances,regulations and orders of duly constituted federal,state,and local authorities and building codes. 6.2.4 The CONTRACTOR assumes all risk of loss,damage and destruction to all of its materials,tools,appliances and property of every description and that of its Sub-Contractors and Sub-Contractor's respective employees or agents, and injury to or death of the CONTRACTOR,its employees,Sub-Contractors or Sub-Contractor's respective employees or agents,including legal fees,court costs or other legal expenses,arising out of or in connection with the performance of this Contract. 6.3 SUPERVISION AND SUPERINTENDENCE: 6.3.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means,methods,techniques,sequences and procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as its CONTRACTOR's representative at the Site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the CONTRACTOR's home office). CONTRACTOR shall notify the CITY in writing of the name,title and contact information for the designated supervisor/superintendent. 6.4 LABOR,MATERIALS AND EQUIPMENT: 6.4.1 The CONTRACTOR shall provide competent,suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents.They shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto,and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein,and CONTRACTOR shall not permit overtime work or the performance of Work on Saturday,Sunday,or any legal holiday observed by the CITY,without the CITY's Project Manager's written consent. 6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials,equipment,labor,transportation,construction equipment and machinery, tools, appliances,fuel, power, light, heat, telephone,water and sanitary facilities and all other facilities and incidentals necessary for the execution,testing,initial operation and completion of the Work. All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost, stolen,or damaged while stored on the job site. 6.4.3 Condition of Materials:All materials and equipment shall be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved,such materials shall be delivered to the Site in their original packages or container with seals unbroken and labels intact. 6.4.4 Installation/Assembly:All materials and equipment shall be applied, installed,connected,erected, used,cleaned and conditioned in accordance with the instructions of the applicable manufacturer,fabricator or processors,except as otherwise provided in the Contract Documents. 6.4.5 Materials,Equipment,Products and Substitutions: CONTRACTOR shall verify that materials,equipment,and products incorporated in the Work are fit for their intended purpose before being purchased by the CONTRACTOR. However,the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager a list of proposed materials,equipment or products,together with such samples considered substitutes as may be necessary to determine their acceptability and obtain approval,pursuant to Section 32,Instruction to Bidders if prior to award,or after award,within ten(10)calendar days after the CONTRACTOR should have been aware of the need for substitution,unless otherwise stipulated in the Special Conditions. No request for payment for"or equal"equipment shall be approved until this list has been received and approved by the CONSULTANT. The CITY may require the CONTRACTOR to furnish at CONTRACTOR's expense,a special performance guarantee or other surety with respect to any substitute. 6.4.5.1 Whenever a material,article,or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue number,it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements,and that other products of equal capacities,quality and function may be considered. The CONTRACTOR may request the substitution of a material,article,or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if,the opinion of the CONSULTANT and CITY, such material,article,or piece of equipment is of equal substance and function to that specified,the CONSULTANT with concurrence of the CITY's Project Manager may approve its substitution and use by the CONTRACTOR. 6.4.5.2 The application shall state that the evaluation and acceptance of the proposed substitute shall not prejudice CONTRACTOR's achievement of Substantial Completion on time,whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents(or in the provisions of any other direct contract with the CITY for Work on the Project)to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance,repair,and replacement service shall be indicated. GC-34 page 1954 —6 4 06 6.4.5.3 The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR's expense, additional data about the proposed substitute. 6.4.5.4 Incidental changes or extra component parts required to accommodate the substitute shall be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the CONSULTANT and CONSULTANT'S consultants for evaluating each proposed substitution. These costs shall include transportation,to operating installation at factories,etc. 6.4.5.5 No substitute shall be ordered or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considered justifiable grounds for an extension of construction time. 6.4.5.7 Should any work or materials,equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work,such Work or materials shall be removed and replaced,together with any work disarranged by such alterations,at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. 6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub-Contractor subject to any chattel mortgage or under conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that it has clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means,method,technique,sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction,if applicable,to the CITY and CONSULTANT,if CONTRACTOR submits sufficient information to allow CITY and CONSULTANT to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the CITY and CONSULTANT shall be similar to that provided in paragraph 6.4.5.1 (Materials,Equipment,Products and Substitutions,par.2)as applied by CONSULTANT and as may be supplemented in the Special Conditions. 6.4.5.10 Any two(2)or more pieces of material or equipment of the same kind,type or classification,and being used for identical types of service,shall be made by the same manufacturer. 6.5 CONCERNING SUBCONTRACTORS: 6.5.1 The CONTRACTOR shall not employ any sub-contractor,other persons or organization(whether initially or as a substitute)against whom the CITY or the CONSULTANT may have reasonable objection,nor shall the CONTRACTOR be required to employ any sub-contractor against whom it has reasonable objection. The CONTRACTOR shall not make any substitution for any sub-contractor who has been accepted by the CITY's Project Manager and the CONSULTANT,unless the CONSULTANT determines that there is good cause for doing so. If after bid opening and prior to the award of the Contract,the CITY objects to certain suppliers or sub-contractors,the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the Contract Price or Contract Time. If the Contract Price or Contract Time is increased or extended,the CITY may return the Bid Bond and award the Contract to the next qualified, competent Bidder. If after the award of the Contract,the CITY objects to certain suppliers or sub-contractors,the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such sub-contractor,supplier,or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 6.5.2 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of its Sub-Contractors and of persons and organizations directly or indirectly employed by the CONTRACTOR and of persons and organizations for whose acts any of CONTRACTOR or Sub-Contractor may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Sub-Contractor or other person or organization having a direct contract with CONTRACTOR,nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to the payment of any moneys due any sub-contractor or other person or organization,except as may otherwise be required by law. CITY or CONSULTANT may furnish to any sub-contractor or other person or organization,to the extent practicable,evidence of amounts paid to CONTRACTOR on account on specific Work done in accordance with the Schedule of Values. 6.5.3 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among sub-contractors or delineating the Work to be performed by any specific trade. 6.5.4 Terms and Conditions:The CONTRACTOR agrees to bind specifically every sub-contractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5.5 Agreement:Any and all Work performed for the CONTRACTOR by a sub-contractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the sub-contractor. 6.5.6 Responsibility:The CONTRACTOR shall be responsible for the coordination of the trades,sub-contractors and material men engaged upon in work of the Project... 6.5.7 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work,to bid sub-contractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of sub- contractors,and to give the CONTRACTOR the same power as regards terminating any sub-contract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.5.8 The CITY or CONSULTANT shall not undertake to settle any differences between the CONTRACTOR and his sub-contractors or between sub-contractors. 6.5.9 If in the opinion of the CITY's Project Manager or CONSULTANT,any subcontractor on the Project proves to be incompetent or otherwise unsatisfactory,such Sub-Contractor shall be replaced if and when directed in writing. GC-35 Page 1952 of i 06 6.5.10 CONTRACTOR shall also: 6.5.10.1 Observe work of each subcontractor to monitor compliance with Schedule. 6.5.10.2 Verify that labor and equipment are adequate for the Work and the Schedule. 6.5.10.3 Verify that product procurement schedules are adequate. 6.5.10.4 Verify that product deliveries are adequate to maintain schedule. 6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes. 6.6 PATENTS,FEES AND ROYALTIES: 6.6.1 The CONTRACTOR shall pay all license fees and royalties and assume all cost incidents to the use of any invention,design,process or device which is the subject of patent rights or copyrights held by others. They shall indemnify and hold harmless the CITY and CONSULTANT and anyone directly or indirectly employed by either of them from and against all claims,damages,losses and expenses (including attorney's fees)arising out of any infringement of such rights during or after completion of the Work,and shall defend all such claims in connection with any alleged infringement of such rights. 6.6.2 Patent rights: The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances,articles or systems prior to bidding. However,they shall not be responsible for such determination on systems which do not involve purchase by them of materials,appliances and articles. 6.7 PERMITS,LAWS AND REGULATIONS: 6.7.1 Permits:The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work,which are applicable at the time of its Bid. The CITY shall assist the CONTRACTOR,when necessary,in obtaining such permits and licenses. The CITY shall be invoiced at actual cost without markup. 6.7.2 The CONTRACTOR shall also pay all public utility charges. The CONTRACTOR shall be responsible for obtaining dewatering permits as required. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florida Department of Environmental Regulations,United States Environmental Protection Agency and any other regulatory agency requirements including financial responsibility(fines,etc). 6.7.3 Laws and Regulations: The CONTRACTOR shall give all notices and comply with all laws,ordinances,rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, they shall give the CONSULTANT prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws,ordinances,rules and regulations,and without such notice to the CONSULTANT,they shall bear all costs arising therefrom,however,is shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws,ordinances,rules and regulations. 6.8 TAXES: 6.8.1 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. 6.9 RECORD DOCUMENTS/RIGHT TO AUDIT: 6.9.1 The CONTRACTOR shall keep in a safe place one record copy of all Specifications, Drawings,Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. Such documents shall be available to the CONSULTANT and shall be delivered to the CONSULTANT for the CITY upon completion of the Project.Such documents shall be used for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all documents specified herein is made by the CITY's Project Manager. 6.9.2 The awarded CONTRACTOR shall maintain during the term of the Contract all books,reports,and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The awarded CONTRACTOR agrees to make available to the CITY's auditor,during normal business hours,all books of account,reports,and records relating to this Contract for the duration of the Contract and retain them for a minimum period of three(3)years. 6.9.3 The awarded CONTRACTOR shall be aware that the Palm Beach County,Office of Inspector General investigators shall have the power without limitation to audit,investigate,monitor,inspect and review the operations,activities,performance and procurement process of the CONTRACTOR,its Sub-Contractors and lower tier subcontractors and its officers,agents and employees relating to the Contract. 6.9.4 If the CONTRACTOR submits a claim to the CITY for additional compensation,the CITY shall have the right,as a condition to considering the claim,and as a basis for evaluation of the claim,and until the claim has been settled to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books,records,documents,and other evidence and accounting procedures and practices,sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants,or such parts thereof,as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all Sub-Contractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR.Upon request by the CITY,CONTRACTOR shall provide the accounting records and documents,and other financial data and shall submit true copies of requested records to the CITY. 6.10 SAFETY,PROTECTION AND EMERGENCIES: 6.10.1 CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work.CONTRACTOR shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to: GC-36 Page 1959 OF 1 J-06 6.10.1.1 All employees on the Work and other persons,who may be affected thereby, 6.10.1.2 All the Work and all materials or equipment to be incorporated therein,whether in storage on or off the Site,and 6.10.1.3 Other property at the Site or adjacent thereto,including trees,shrubs,lawns,walks,pavements,roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. 6.10.2 CONTRACTOR shall comply with all applicable laws,ordinances,rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage,injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and protection. 6.10.3 CONTRACTOR shall notify owner of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection,removal,relocation and replacement of their property. 6.10.4 All damage,injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly,in whole or in part,by CONTRACTOR,any Sub-Contractor,Supplier or any other person or organization directly or indirectly employed by any such entity to perform or furnish any of the Work for anyone for whose acts may be liable,shall be remedied by CONTRACTOR.CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT. 6.10.5 CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6(Substantial Completion)that the Work is acceptable or until any and all final"punch list"items are completed,whichever is later. 6.10.6 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery,equipment and all hazards shall be guarded in accordance with the safety provisions of the"Manual of Accident Prevention in Construction"as published by the Associated General Contractors of America,Inc.to the extent that such provisions are not in conflict with applicable laws. 6.10.7 The CONTRACTOR shall maintain an accurate record of all cases of death,occupational disease,or injury requiring medical attention or causing loss of time from Work,arising out of an and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight(48)hours of the event or as per specific timeframe specified by such Local Public Agency. 6.10.8 SAFETY REPRESENTATIVE:CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. 6.10.9 HAZARD COMMUNICATION PROGRAMS:CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the Site in accordance with Laws and Regulations. 6.10.10 SUPERINTENDENT:The CONTRACTOR shall designate a responsible member of their organization at the Site whose duty shall be prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY's Project Manager. 6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the CONTRACTOR,without special inspection or authorization from the CONSULTANT or the CITY's Project Manager is obligated to act,at its discretion,to prevent damage,injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager and CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to an emergency,a Change Order shall be issued to document the consequences of the changes or variations. 6.10.13 During adverse weather,and against the possibility thereof,the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required,protection shall be provided by the use of tarpaulins,wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather,including unusually high winds and water levels and they shall take such precautions and procure such additional insurance as they deem prudent. The CONSULTANT may suspend construction operations at any time when in their judgment,the conditions are unsuitable or the proper precautions are not being taken,whatever the weather or water level conditions may be,in any season. 6.10.14 If the CONTRACTOR believes that additional work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time,they may make a claim therefor as provided in Article 11 (Change in Contract Price)and Article 12,(Change in Contract Time). 6.10.15 NATIONAL EMERGENCY:In the event the CITY is prevented from proceeding with any or all of the Work as stated in the Contract due to a declaration of war,or national emergency by the United States government,whereas the construction of the type contracted for herein is specifically prohibited by statute or government edict,or due to the stoppage of construction caused by any governmental agency,state, CITY,town,or county regulations,orders,restrictions,or due to circumstances beyond the CITY's control;then the CITY herein reserves the right to either suspend the Work to be done for an indefinite period of time or to cancel this Contract outright by giving notice by registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already commenced,then the CITY shall be liable for only the cancellation or suspension without the addition of prospective profits or other change whatsoever. 6.11 SHOP DRAWINGS AND SAMPLES: 6.11.1 Shop Drawings:After checking and verifying all field measurements,the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager for review in accordance with the accepted schedule of Shop Drawing submissions,(see paragraph 2.9)copies(or at GC-37 page 1954 —64 06 the CONSULTANT's option, one reproducible copy)of all Shop Drawings,which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings shall be complete with respect to dimensions,design criteria, materials of construction and the like to enable the CONSULTANT to review the information as required. Shop Drawings shall include but not be limited to the following information: 6.11.1.1 Fabrication and Installation Drawings and details 6.11.1.2 Template placement diagrams 6.11.1.3 Manufacturer's installation instructions 6.11.1.4 Product patterns and colors 6.11.1.5 Coordination Drawings 6.11.1.6 Schedules 6.11.1.7 Product mix formula 6.11.1.8 Product design or engineering calculations 6.11.1.9 Other information as required by project After review,produce copies and distribute per Submittal Procedures article above and for Record Documents purposes described in Section 6.37 Closeout Submittals. Submit to CONSULTANT for purpose of checking conformance with information given and design concept and on to the CITY's Project Manager. 6.11.2 SAMPLES:The CONTRACTOR shall also submit to the CONSULTANT for review,with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of the CONTRACTOR,identified clearly as to material,manufacturer,any pertinent catalogue numbers and the use for which intended. CONTRACTOR shall submit to CONSULTANT for purpose of checking conformance with information given and design concept expressed in the documents. After review,CONSULTANT shall submit color board to CITY's Project Manager per Submittal Procedures. Samples shall also conform to the following: 6.11.2.1 Sample finishes and colors shall be from full range or manufacturers' standard and colors, textures, and patterns for CONSULTANT's selection and preparation of color board for CITY's approval. 6.11.2.2 After review and approval by the CITY,provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submit samples to illustrate functional and aesthetic characteristics of the product,with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 6.11.2.4 Include identification on each sample with full project information. 6.11.2.5 Submit number of samples specified in specifications,one of which CONSULTANT shall retain. Reviewed samples may be used in Work,if indicated. 6.11.3 DEVIATIONS:At the time of each submission,the CONTRACTOR shall,in writing,call the CONSULTANT's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.11.4 CONFORMANCE REVIEW:The CONSULTANT shall review within fifteen (15) days or as extended by CITY,Shop Drawings and samples,but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents.The review of a separate item as such shall not indicate review of the assembly in which the item functions.The CONTRACTOR shall make any corrections required by the CONSULTANT at the CONTRACTOR's expense and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR's stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all quantities,dimensions,field construction criteria,materials,catalogue numbers and similar data or they assume full responsibility for doing so,and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Shop Drawings submitted without the CONTRACTOR's stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times,thereafter all further review time shall be charged to the CONTRACTOR. 6.11.5 APPROVAL:No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.11.6 SPECIFIC DEVIATIONS: The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing,called the CONSULTANT's attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation,nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. 6.11.7 Where a Shop Drawing or sample is required by the Specifications,any related Work performed prior to CONSULTANT's review and acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR. 6.12 SITE CLEAN UP: 6.12.1 SITE: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work,and before acceptance of and final payment for the Project by the CITY,the CONTRACTOR shall remove all their surplus and discarded,and excavated materials,and rubbish from the roadways,sidewalks,parking areas,lawns and all adjacent property, shall clean all portion of Work involved in any building under this Contract,so that no further cleaning by the CITY is necessary prior to their occupancy,shall restore all property,both public and private,which has been disturbed or damaged during the prosecution of the Work,and shall leave the whole in a neat and presentable condition. 6.12.2 BUILDING CLEAN-UP:Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free GC-38 page 195c; -6 4 06 from accumulation of waste materials and rubbish. Upon completion of the Work,they shall remove all rubbish,tools,scaffolding,surplus materials,etc.,from the building and shall leave their work"broom clean"or the like,unless specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work: 6.12.2.1 Remove putty stains and paint from and wash and polish all glass.Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks,stains,fingerprints and other soil and dirt from painted,stained and decorated work. 6.12.2.3 Remove all temporary protections and clean and polish floors. 6.12.2.4 Clean and polish all hardware for all trades,this shall include removal of all stains,dust,dirt,paint,etc. 6.12.2.5 General:In case of dispute,the CITY may remove the rubbish and charge the cost to the CONTRACTOR. 6.13 PUBLIC CONVENIENCE AND SAFETY: 6.13.1 Convenience:The CONTRACTOR shall,at all times,conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner,consistent with the operation and local conditions. 6.13.2 Safety:"Street Closed"signs shall be placed immediately adjacent to the Work,in a conspicuous position,at such locations as traffic demands.At any time that streets are required to be closed,CONTRACTOR shall obtain approval to close the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating emergency vehicles before the street is closed and also as soon as area is opened.Approval from the CITY shall be coordinated through the Department of Public Works/Engineering,including notification of the news media and affected property owners. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic. 6.14 SANITARY PROVISIONS. 6.14.1 The CONTRACTOR shall furnish necessary toilet conveniences,secluded from public observation,for use of all personnel on the Work, whether or not in their employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the public authorities having jurisdiction.They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. 6.15 INDEMNIFICATION: 6.15.1 CONTRACTOR agrees to protect,defend,indemnify,and hold harmless the CITY,its employees,representatives,and elected officials from any and all claims and liabilities including all attorney's fees and court costs,including appeals for which the CITY, its employees, representatives,and elected officials can or may be held liable as a result of injury(including death)to persons or damage to property occurring by reason of any negligence,recklessness,or intentional wrongful misconduct of the CONTRACTOR,its employees,or agents, arising out of or connected with this Agreement.The CONTRACTOR shall not be required to indemnify the CITY or its agents,employees, representatives,or elected officials when an occurrence results solely from the wrongful acts or omissions of the CITY,or its agents, employees or representatives. 6.15.2 The CONTRACTOR,without exemption,shall indemnify and hold harmless,the CITY,its employees,representatives and elected officials from liability of any nature or kind,including cost and expenses for or on account of any copyright,service marked,trademarked patented or unpatented invention,process,or any other intellectual property right or item manufactured by the CONTRACTOR.Further,if such a claim is made,or is pending,the CONTRACTOR may,at its option or expense,procure for the CITY the right to use,replace,or modify the item to render it non-infringing. If none of the alternatives are reasonably available,the CITY agrees to return the article on request to the CONTRACTOR and receive reimbursement from the CONTRACTOR for such. If the CONTRACTOR used any design,device or materials covered by letters,patent or copyright,it is mutually agreed and understood,without exception,that the Bid prices shall include all royalties or cost arising from the use of such design,device or materials in anyway involved in the Work. This article shall survive the termination of any contract with the CITY of Boynton Beach. 6.15.3 The parties agree that Twenty-five Dollars ($25.00) of the total compensation paid to the CONTRACTOR for performance of this Agreement shall represent the specific consideration for the CONTRACTOR's indemnification of the CITY. 6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such proceedings and all costs and fees associated therewith shall be the responsibility of the CONTRACTOR under this indemnification agreement. 6.15.5 It is the specific intent of the parties hereto that the foregoing indemnification complies with F.S.§725.06(Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to including the foregoing indemnification and the"Specific Consideration"therefor. 6.15.6 Nothing contained herein is intended nor shall be construed to waive the CITY's rights and immunities under the common law or Florida Statutes§768.28,as amended from time to time. 6.16 CLAIMS: 6.16.1 In any and all claims against the CITY or the CONSULTANT or any of its agents or employees,by any employee of the CONTRACTOR, any Sub-Contractor,anyone directly or indirectly employed for whose acts may be liable,the indemnification obligation under paragraph 6.15(Indemnification)shall not be limited in anyway by any limitation on the amount or type of damages,compensation or benefits payable by or for the CONTRACTOR or any Sub-Contractor under workers'compensation acts,disability benefit acts or other employee benefit acts. 6.16.2 Obligation:The obligations of the CONTRACTOR under paragraph 6.13 shall not extend to the liability of the CONSULTANT's negligent acts,errors or omissions or their employees or agents. 6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING WORK: 6.17.1 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing work or work previously GC-39 Page 1956 of 1 J-06 installed as required by the Drawings and Specifications to provide a complete installation. 6.18 WORK IN STREET,HIGHWAY AND OTHER RIGHTS-OF-WAY: 6.18.1 Excavation,grading,fill,storm drainage,paving and other construction or installations in rights-of-way of streets,highways,pubic carrier lines,utility lines(either aerial,surface or subsurface)etc.shall be done in accordance with requirements of these Specifications and authorities having jurisdiction. The CONTRACTOR shall be responsible for obtaining all permits necessary for the Work.Upon completion of the Work,CONTRACTOR shall present to CONSULTANT certificates,in triplicate from the proper authorities stating that the Work has been done in accordance with their requirements. 6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.19 COOPERATION WITH GOVERNMENTAL DEPARTMENTS,PUBLIC UTILITIES,ETC.: 6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments,public utilities,public carriers,service companies and corporations owning or controlling roadways,railways,water,sewer,gas,electrical,cable television, telephone,and telegraph facilities such as pavements,tracks, piping,wires,cables,conduits, poles,guys,etc. , including incidental structures connected therewith,that are encountered in the Work in order that such items may be properly shored,supported and protected,or the CONTRACTOR may relocate them with utility owner's approval. 6.19.2 NOTICES:The CONTRACTOR shall give all proper notices,shall comply with requirements of such parties in the performance of their Work,shall permit entrance of such parties on the Project in order that they may perform their necessary work,and shall pay all charges and fees made by such parties for this Work. 6.19.3 GOVERNMENT AGENCY CAUSED DELAYS:The CONTRACTOR's attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits,etc. The CONTRACTOR shall cooperate with the above parties in every way possible,so that the construction can be completed in the least possible time. 6.19.4 CODES,LAWS,ORDINANCES AND REGULATIONS:The CONTRACTOR shall have made themselves familiar with all codes,laws, ordinances and regulations which in any manner affect those engaged in the Work,or materials and equipment used in the Work,or in any way affect the conduct of the Work,and no plea of misunderstanding shall be considered on account of their ignorance thereof. 6.20 USE OF PREMISES: 6.20.1 CONTRACTOR shall confine construction equipment,the storage of materials and equipment and the operations of workers to the project site and land and areas identified in,and permitted by the Contract Documents and other land and areas permitted by laws,ordinances, and regulations, rights-of-way, permits, easements, and directions of the CITY's Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. 6.20.2 CONTRACTOR shall assume full responsibility for any damage to any such land or area,or to the CITY or occupant thereof or of any land or areas contiguous thereto,resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work,CONTRACTOR shall promptly attempt to settle with such other party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws and regulations,indemnify and hold the CITY harmless from and against all claims,damages,losses and expenses(including,but not limited to fees of engineers, architects,attorneys and other professionals and court costs)arising directly,indirectly or consequentially out of any action,legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.20.3 During the progress of the Work,CONTRACTOR shall keep the premises free from accumulations of waste materials,rubbish and other debris resulting from the Work. At the completion of the Work,CONTRACTOR shall remove all waste materials,rubbish and debris from and about the premises as well as all tools,appliances,construction equipment and machinery,and surplus materials,and shall leave the Site clean and ready for occupancy by the CITY.CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety,nor shall it subject any part of the Work to stresses or pressures that shall endanger it. 6.20.5 CONTRACTOR shall enforce the CITY's Project Manager's instructions in connection with signs,advertisements,fires and smoking. 6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees,sub-contractors and other personnel,and in routing material delivery trucks and other vehicles to the Project Site. 6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS: 6.21.1 Any existing surface and subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,footings, or structures (including portions thereof),trees and shrubbery,not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project, whether or not such improvements appear on the Drawings,shall be restored to a condition equal or better,to the original state at the time of award of Contract. Such restoration or repair shall be at the sole expense of the CONTRACTOR,and no claim for an increase in the Contract Price under paragraph 6.21 or under Article 10 shall be allowed. 6.22 TEMPORARY HEAT: 6.22.1 The CONTRACTOR shall provide heat,fuel and services as necessary to protect all work and materials,within all habitable areas of GC-40 Page 195:7 of 1 J-06 permanent building construction against injury from dampness and cold,until final acceptance of all work and materials for the Project, unless building is fully occupied by the CITY prior to such acceptance.In which case the CITY shall assume all expenses of heating from date of full occupancy. Unless otherwise specifically permitted by Special Conditions,the permanent heating system shall not be used to provide temporary heat.CONTRACTOR's proposed methods of heating shall be submitted for approval. 6.23 SCHEDULE: 6.23.1 CONTRACTOR shall submit to CONSULTANT for review and comment(to the extent indicated in paragraph 2.6 Finalizing Schedule) proposed adjustments in the progress schedule to reflect the impact thereon of new developments;these shall conform generally to the progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. All approved changes shall be memorialized as change orders. 6.24 CONTINUING THE WORK: 6.24.1 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements,except as permitted by Article 15(Suspension and Termination of Work)or as CONTRACTOR and the CITY may otherwise agree in writing. 6.25 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE: 6.25.1 CONTRACTOR warrants and guarantees to CITY and CONSULTANT that all work shall be in accordance with the Contract Documents and shall not be defective.That CONTRACTOR guarantees to repair,replace or otherwise make good to the satisfaction of the CITY any defect in workmanship or material appearing in the Work,and further guarantees the successful performance of the Work for the service intended. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.25.1.1 Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, sub-contractors or suppliers,or 6.25.1.2 Normal wear and tear under normal usage 6.25.2 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following shall constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.25.2.1 Observations by CONSULTANT. 6.25.2.2 Recommendation of any progress or final payment by CONSULTANT. 6.25.2.3 The issuance of a certificate of Substantial Completion or any payment by CITY or CONTRACTOR under the Contract Documents. 6.25.2.4 Use or occupancy of the Work or any part thereof by CITY. 6.25.2.5 Any acceptance by CITY or any failure to do so;and 6.25.2.6 Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 14.10. 6.26 DELETION/OVERSIGHT/MISSTATEMENT: 6.26.1 Any deletion,oversight or misstatement of the Specifications shall not release the Bidder from the responsibility of completing the Project within the agreed upon timeframe. 6.26.2 The cost of incidental work described in these Contract requirements,for which there are no specific Contract items shall be considered as part of the general cost of doing the Work and shall be included in the prices for the various Contract items. No additional payment will be made therefore. 6.27 EXCEPTIONS TO SPECIFICATIONS: 6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CITY's Procurement Services Division in writing prior to the expiration of the Bid question period. Failure to list any exceptions with the Procurement Services Division in writing prior to the end of the Bid question period means that the Bidder is complying 100%with the Specifications.All materials may be inspected by the CITY upon delivery for compliance with said Specifications. Deviations from the Specifications shall be cause for the Bid to be rejected as non-responsive unless the deviation was approved prior to the submittal of bids. 6.27.2 Any deletion,oversight or misstatement of these Specifications shall not release the Bidder from full responsibility for unsatisfactory workmanship and/or materials,together with all appurtenances necessary for unrestricted operation,as determined by the CITY in its sole discretion. 6.28 SILENCE OF SPECIFICATIONS: 6.28.1 The apparent silence of any Specification as to any details,or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that materials of the first quality and correct type,size and design are to be used. All workmanship is to be of first quality. 6.28.2 Work not specified in the Specifications,but involved in carrying out their intent or in the complete and proper execution of the Work,is required and shall be performed by the CONTRACTOR as though itwere specifically delineated or described. 6.29 QUALITY: 6.29.1 Items delivered as a result of award from this Bid shall be free of defects. Any item(s)not meeting this specification shall be replaced by the awarded Bidder/CONTRACTOR at no additional charge to the CITY. GC-41 page 195A -6 4 06 6.30 CONDITIONS OF MATERIALS: 6.30.1 All materials and products supplied by the CONTRACTOR in conjunction with this Bid shall be new,warranted for merchantability,fit for a particular purpose,free from defects and consistent with industry standards. The products shall be delivered to the CITY in excellent condition. In the event that any of the products supplied to the CITY are found to be defective or do not conform to the Specifications,the CITY reserves the right to return the product to the Bidder at no cost to the CITY. 6.30.2 The successful CONTRACTOR shall furnish all guarantees and warranties to the CITY's Project Manager or designee prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 6.31 DISPOSAL: 6.31.1 Before the CONTRACTOR disposes of any existing improvements or equipment which is to be removed as a portion of the Work,and for which disposition is not specifically provided for elsewhere in these Specifications,it shall contact the CITY to determine if the removal items are to be salvaged.Items to be salvaged by the CITY shall be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily accessible to the CITY. Equipment and materials that shall not be salvaged by the CITY shall become the property of the CONTRACTOR to be removed from the Site and disposed in an acceptable manner,pursuant to local,state and federal laws and regulations. 6.32 OCCUPATIONAL HEALTH AND SAFETY: 6.32.1 If the CONTRACTOR,delivers any toxic substance items as defined in the Code of Federal Regulations Chapter 29,it shall furnish to the CITY's Procurement Services Division,a Material Safety Data Sheet(MSDS). The Material Safety Data Sheet shall be provided to the CITY with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: 6.32.1.1 The chemical name and the common name of the toxic substance. 6.32.1.2 The hazards or other risks in the use of the toxic substance to include: 6.32.1.2.1 The potential for fire,explosion,corrosion and reactivity. 6.32.1.2.2 The known acute and chronic health effects of risks from exposure,including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance,and 6.32.1.2.3 The primary routes of entry and symptoms of overexposure. 6.32.1.3 The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure. 6.32.1.4 The emergency procedure for spills,fire,disposal and first aid. 6.32.1.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 6.32.1.6 The year and month,if available,that the information was compiled and the name,address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security,Bureau of Industrial Safety and Health,Toxic Waste Information Center, 2551 Executive Center Circle West,Tallahassee,FL.32301-5014,Telephone:1-800-367-4378. 6.33 OCCUPATIONAL,SAFETY AND HEALTH ASSOCIATION(OSHA) 6.33.1 The CONTRACTOR warrants that the product/services supplied to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970,as amended,and the failure to comply with this condition shall be considered as a breach of Contract. 6.34 CONDITIONS AND PACKAGING: 6.34.1 CONTRACTOR understands and agrees that any item offered or shipped pursuant to this Bid shall be new(current production model at the time of the Bid). All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. 6.35 UNDERWRITERS'LABORATORIES(UL): 6.35.1 Unless otherwise stipulated in the Bid,all manufactured items and fabricated assemblies shall be UL listed or re-examination tested where such item has been established by UL for the items offered and furnished. 6.36 ASBESTOS: 6.36.1 CONTRACTOR shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract. 6.36.2 If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of written notice with special instructions from the CITY through the CONSULTANT. 6.37 CLOSE-OUT SUBMITTALS 6.37.1 SCOPE OF WORK: 6.37.1.1 Close-out procedures 6.37.1.2 Final cleaning 6.37.1.3 Adjusting 6.37.1.4 Project record documents GC-42 page 195Q -6 06 6.37.1.5 As-built survey 6.37.1.6 Operation and maintenance data 6.37.1.7 Spare parts and maintenance products 6.37.1.8 Warranties and bonds 6.37.1.9 Maintenance service 6.37.2 CLOSE-OUT PROCEDURES 6.37.2.1 The CONTRACTOR shall submit written certification to the CITY and CONSULTANT that the Contract Documents were reviewed,Work inspected and that Work is complete in accordance with Contract Documents and ready for CITY's Project Manager and CONSULTANT's review. 6.37.2.2 The CONTRACTOR shall provide submittals to CONSULTANT and CITY's Project Manager that are required by local,state and federal authorities. 6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY's Project Manager identifying total adjusted contract sum,previous payments and sum remaining due. 6.37.2.4 CITY may opt to occupy portions of completed facilities upon Substantial Completion of those portions of Work. 6.37.3 FINAL CLEANING 6.37.3.1 The CONTRACTOR shall execute final cleaning prior to final project assessment. 6.37.3.2 The CONTRACTOR shall clean interior and exterior glass and surfaces exposed to view,remove temporary labels,stains and foreign substances,wax,clean and polish transparent and glossy surfaces,vacuum carpet and soft surfaces. 6.37.3.3 The CONTRACTOR shall clean equipment and fixtures to sanitary condition with cleaning materials per manufacturer's written recommendations. 6.37.3.4 The CONTRACTOR shall replace filters of operating equipment 6.37.3.5 The CONTRACTOR shall clean debris from roofs,gutters,downspouts and drainage systems. 6.37.3.6 Clean Site,The CONTRACTOR shall sweep paved areas,rake clean landscaped surfaces. 6.37.3.7 The CONTRACTOR shall remove waste and surplus materials,rubbish,and construction facilities from Site. 6.37.3.8 The CONTRACTOR shall clean and sanitize water fountains(coolers). 6.37.3.9 The CONTRACTOR shall clean ledges,countertops,and shelves with all-purpose and non-abrasive cleaners leaving no residue. 6.37.4 ADJUSTING 6.37.4.1 The CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operations. 6.37.5 PROJECT RECORD DOCUMENTS 6.37.5.1 CONTRACTOR shall maintain in accordance with the Special Conditions in a safe place at the Site,one(1)record copy of all Drawings,Specifications,Addenda,Change Orders,Field Change Directives and written interpretations and clarifications (issued pursuant to para.9.4) in good order and annotated to show all changes made during construction. The record documents together will all approved samples and counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference at all times. Upon completion of the Work, these record documents, samples, and Shop Drawings will be delivered to CONSULTANT for the CITY. 6.37.6 OPERATION AND MAINTENANCE DATA: 6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein. 6.37.7 SPARE PARTS AND MAINTENANCE PRODUCTS: 6.37.7.1 The CONTRACTOR shall provide spare parts,maintenance and extra products in quantities specified in the Specifications to the CITY and obtain receipt prior to final payment. 6.37.8 WARRANTIES: 6.37.8.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein and Provide duplicate notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute and assemble transferrable warranty documents from sub-contractors, suppliers and manufacturers. 6.37.8.3 The CONTRACTOR shall provide such warranty documents with a Table of Contents and assemble in D-size,3-ring white binders with typed title sheet of contents inside durable plastic front cover. 6.37.8.4 The CONTRACTOR shall submit above-referenced warranties to the CITY prior to Final Application for Payment. 6.37.9 MAINTENANCE SERVICE: 6.37.9.1 The CONTRACTOR shall furnish service and maintenance of components indicated in specification sections for one-year from date of Substantial Completion. 6.37.9.2 The CONTRACTOR shall examine,clean,adjust,and lubricate system components as required for reliable operation. 6.37.9.3 The CONTRACTOR shall include systematic examination,adjustment,and lubrication of components repairing or replacing parts as required with parts produced by the manufacturer of the original component. GC-43 page 196A -6 4 06 6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks. 6.37.10 ASBESTOS CERTIFICATION: 6.37.10.1 The CONTRACTOR shall provide a notarized letter to CITY certifying that no asbestos containing building materials were used as a building material in the Project,pursuant to Florida Statutes§255.40. 6.37.11 PRODUCTS: 6.37.11.1 APPROVED PRODUCTS:The CONTRACTOR shall use only cleaning and maintenance products approved for use pursuant to local,state and federal laws and regulations. 6.38 TEMPORARY BARRIERS AND ENCLOSURES: 6.38.1 SCOPE OF WORK: 6.38.1.1 The CONTRACTOR shall provide temporary barriers and enclosures to provide construction work areas separate from Owner's on-going business operations. 6.38.1.2 The CONTRACTOR shall protect new work,existing facilities and grounds from damage,theft,vandalism,and unauthorized entry. 6.38.1.3 The CONTRACTOR shall provide a chain link fencing surrounding and separating areas under construction,including areas for CONTRACTOR's mobilization and parking separate from existing CITY facilities and on-going business activities. 6.38.1.4 The CONTRACTOR shall provide demising walls and other barriers as required to separate building area under construction that permits safe and unobstructed exiting of partially Owner occupied buildings. 6.38.1.5 The CONTRACTOR shall provide safety of construction workers and CITY staff and visitors located in areas of CITY's facilities not under renovation or construction. 6.38.1.6 The CONTRACTOR shall control dust,erosion and sediment,noise,pollution,rodent and environmental control. 6.38.2 ENTRY CONTROL: 6.38.2.1 The CONTRACOR shall restrict entrance of persons and vehicles onto Project site and existing facilities in accordance with Special Conditions—01540 and 01541 Security Procedures. 6.38.2.2 Prior to Project commencement,CONTRACTOR's on-site personnel shall meet with CITY's Project Manager to delineate areas for CONTRACTOR's operations to include storage,office trailers,parking,and lay-down areas. 6.38.2.3 Interruption of pre-approved entry controls shall be coordinated with the CITY's Project Manager prior to proposed interruption. 6.38.2.4 The CONTRACTOR shall allow entrance only to the Project site to authorized persons with proper identification. 6.38.2.5 CONTRACTOR/CM shall post"No Trespassing"and"Hard Hat Area"signs along Project perimeter and at construction access points. "No Trespassing"sign shall include statutory language that area is construction site and that trespassing and theft are felonies and violators will be prosecuted. "No Trespassing" sign shall include name of CONTRACTOR/CM. "No Trespassing"signs shall not be larger than 24"(600mm)by 24"(600mm). "Hard Hat Area"sign shall not be larger than 12" (300mm)by 12"(600mm). 6.38.3 DEMISING WALLS: 6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises, the CONTRACTOR shall provide demising walls to physically separate new or renovation work from existing on-going CITY operations. 6.38.3.2 Demising walls shall be contiguous plywood with vapor barrier and wood framing to prevent unauthorized entrance,dust or debris from entering occupied portion of the area. 6.38.3.4 Where construction is overhead,the CONTRACTOR shall provide safe and secure method of access through or adjacent to work with system of scaffolding,plywood or wood planking overhead to prevent falling debris or materials from interrupting safe passage through construction area. 6.38.4 TEMPORARY FENCING: 6.38.4.1 Areas under construction including areas for CONTRACTOR's mobilization and parking shall be separated from CITY facilities to allow for ongoing activities. 6.38.4.2 The CONTRACTOR shall provide chain link fencing along construction zone boundaries. 6.38.4.3 CONTRACTOR shall submit a detailed temporary fencing plan to the CITY and CONSULTANT for review and approval. The plan shall comply with all applicable regulatory code requirements including the latest edition of the Florida Building Code. 6.38.4..4 The CONTRACTOR shall provide access gates required by code for CITY's and CONTRACTOR's access to occupied portion of project site and for construction access. GC-44 page 1964 —6 4 06 6.39 ENVIRONMENTAL CONTROLS: The CONTRACTOR shall. 6.39.1 Protect existing building and adjacent property from dust produced by construction operations. Use encapsulating or wetting devices to control moisture content of traffic and construction areas. 6.39.2 Control surface drainage to prevent off-site discharge or pollutants and prevent erosion and sedimentation. 6.39.3 Provide berms,dikes or drains to divert water flow away from existing structures into storm water retention areas. 6.39.4 Provide methods necessary to prevent mud and debris from entering storm water system. 6.39.5 Provide methods necessary to prevent excessive noise on Site.CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provide methods necessary to prevent pests and insects from damaging the Work. 6.39.7 Provide methods necessary to prevent contamination of soil,water,and atmosphere from discharge of noxious,toxic substances or pollutants from construction operations. 6.39.8 SUBMITTALS: 6.39.8.1 Comply with Section 2.10"Submittal Procedures." 6.39.8.2 Submit site plan and floor plans indicating locations and material construction of proposed protective structures. 6.39.9 TEMPORARY FENCING: 6.39.9.1 Provide a six(6)foot high,minimum ten(10)gage minimum or galvanized steel fabric. 6.39.9.2 Fencing shall have six(6)foot high visual fabric cover to block visual access to construction activities. 6.39.9.3 Provide 5/8"C/D plywood sheets,pressure treated or other means of weather protection,with 2 x 4 wood framing at edges and 24"maximum vertical spacing. 6.39.10 TEMPORARY WALLS: 6.39.10.1 Provide demising Wall:5/8"C/D plywood sheets,2 x 4 wood framing at 24"maximum spacing,and 10 mil black polyethylene vapor barrier covering with sealed joints. 6.39.10.2 Provide overhead Protection:Metal scaffolding with'/"B/C plywood or 2"x 12"wood planking. 6.39.11 EXECUTION/INSTALLATION AND REMOVAL: 6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work. 6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work. 6.39.11.3 Protect or remove walls during storm events where winds are anticipated over seventy-four(74)miles per hour. 6.40 SECURITY PROCEDURES: 6.40.1 The CONTRACTOR shall protect new work,existing facilities and grounds from damage,theft,vandalism,and unauthorized entry. 6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner's existing security system at time of Project,mobilizing to ensure safety of employees or persons at the unaffected areas. 6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner's Project acceptance. 6.40.4 PERSONNEL IDENTIFICATION: 6.40.4.1 CONTRACTOR/CM on-site staff,sub-contractors and vendors on Site shall wear identification badges at all times. 6.40.4.2 Identification badges shall be current at time of Project and shall be re-verified and re-issued annually if Project extends past original badge expiration date. 6.40.5 SUBMITTALS: 6.40.5.1 The CONTRACTOR shall comply with Section 2.10"Submittal Procedures". 6.40.5.2 The CONTRACTOR shall provide a list of personnel proposed to be utilized. 6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilized on the Project. GC-45 Page 1962 of i 06 6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal and emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the administrative and procedural requirements listed below in Section 6.41.2 for consideration of request for substitution during the design and construction phases. 6.41.2 CONTRACTOR'S SUBMITTAL PROCEDURES: 6.41.2.1 Transmit each substitution request on company letterhead. 6.41.2.2 During bidding phase,substitution requests shall be directed to the CITY's Procurement Services Division. 6.41.2.3 During the construction phase,substitution requests shall be directed to the CONSULTANT. 6.41.2.4 Substitution requests shall identify Project,CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub- Contractor or supplier during construction phase,indicating Specification Section and Paragraph Number of specified material and pertinent drawing and detail numbers,as appropriate. Include complete information as required in the Substitution Form. Incomplete information will result in automatic rejection of the substitution request. 6.41.2.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review,approval,verification of products required,field dimensions,adjacent construction work,and coordination of information are in accordance with the requirements of the Work and Contract Documents. 6.41.2.6 Schedule submittals to expedite the Project,and deliver to CONSULTANT or CONTRACTOR/CM at business address. Coordinate submission of related items. 6.41.2.7 For each submittal for review,allow fifteen (15)working days including delivery time to and from the CONSULTANT or CONTRACTOR/CM. 6.41.2.8 Identify variations from Contract Documents and product or system limitations,which may be detrimental to successful performance of the completed work. 6.41.2.9 Provide space for CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revised for resubmission,identify all changes made since previous submission. 6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 6.41.2.12 Submittals not requested will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Requests for substitutions shall be made no later than ten(10)calendar days prior to Bid date. Requests received afterwards may not be considered. 6.41.4 SCOPE OF WORK: The CONTRACTOR shall follow the administrative and procedural requirements setforth in Section 6.41.5 to assure quality of construction before and during construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples,constructed,applied or assembled at the Site for review for use as a quality standard. 6.41.5 COORDINATION AND PROJECT CONDITIONS 6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of interdependent construction elements,with provisions for accommodating items installed later. 6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities. 6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing,connecting to,and placing in service, such equipment. 6.41.5.4 Coordinate space requirements,supports and installation of mechanical and electrical work that is indicated diagrammatically on Drawings. 6.41.5.5 Follow routing shown for pipes,ducts and conduits as closely as practicable;place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations for maintenance,and for repairs. 6.41.5.6 Within finished areas,except as otherwise indicated;conceal pipes,ducts,and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. 6.41.5.7 Coordinate completion and clean up work of separate sections in preparation for Substantial Completion and for portions of GC-46 page 196P -6 06 work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises,coordinate access to Site for correction of defective work and work not in accordance with the Contract Documents,to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements,confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering services and establish elevations,lines and levels,utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. ARTICLE 7—OTHER WORK 7.1 RELATED WORK AT SITE: 7.1.1 The CITY may perform other work related to the Project at the Site pursuant to other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents,written notice thereof shall be given to CONTRACTOR prior to starting any such Other Work,and if CONTRACTOR believes that such performance shall involve additional time and the parties are unable to agree as to the extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price)and Article 12(Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract Documents,no additional adjustment of time or compensation shall be considered. 7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract(or the CITY,if the CITY is performing the additional work with the CITY's employees)proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all cutting,fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting, excavating or otherwise altering other contractor's work and shall only cut or alter other contractor's work with the written consent of the CITY and CONSULTANT and the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors. 7.1.3 If any part of CONTRACTOR's work depends for proper execution for results upon the work of any such other contractor,other than CONTRACTOR's own SubContractor,CONTRACTOR shall inspect and promptly report to CONSULTANT in writing,any delays,defects or deficiencies in such other contractor's work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as fit and proper for integration with CONTRACTOR's work except for latent defects and deficiencies in the other contractor's work. 7.2 COORDINATION: 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site,the person or organization who shall have authority and responsibility for coordination of the activities among the various prime contractors shall be identified in the Special Conditions and the specific matters to be covered by such authority and responsibility shall be itemized,and the extent of such authority and responsibilities shall be provided in the Special Conditions. Unless otherwise provided in the Special Conditions,neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 8—THE CITY'S RESPONSIBILITIES 8.1 COMMUNICATIONS TO CONTRACTOR: 8.1.1 CITY shall issue all communications to CONTRACTOR,and provide a copy to CONSULTANT. 8.2 FURNISH DATA: 8.2.1 CITY shall promptly furnish the data required of the CITY under the Contract Documents. 8.3 PAYMENTS: 8.3.1 CITY shall make payments to CONTRACTOR promptly when they are due as provided in Section 14.5(Review of Application for Progress Payment)and Section 14.10(Final Payment and Acceptance)of the General Conditions. 8.4 LANDS,EASEMENTS:REPORTS AND TESTS: GC-47 page 196 4 -6 06 8.4.1 The CITY's duties in respect to providing lands and easements and providing engineering surveys,if available and to establish reference points are set forth in paragraphs 4.11(Availability of Land)and 4.5.1(Reference Points)of the General Conditions. 8.4.2 The CITY shall identify and make available to CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing structures that have been utilized in preparing the Contract Documents as set forth in Paragraph 4.2(Report of Physical Conditions). 8.5 CHANGE ORDERS: 8.5.1 The CITY shall execute Change Orders as provided in Article 10(Changes in the Work)of the General Conditions. 8.6 SUSPENSION OF WORK: 8.6.1 The CITY's may stop Work,suspend Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5(CITY May Stop Work),Paragraph 15.1 (CITY May Suspend Work).Paragraph 15.2(CITY May Terminate for Cause)and Paragraph 15.3(CITY May Terminate Without Cause). 8.7 ESTIMATED DOLLAR VALUE: 8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities. 8.8 QUANTITIES: 8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchased from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the CITY. Orders shall be placed as needed by individual locations during the contract period. The CONTRACTOR agrees that the price(s)offered shall be maintained irrespective of the quantity actually purchased. 8.9 ADDITIONAL TERMS AND CONDITIONS: 8.9.1 No additional terms and conditions included with the Bid response shall be evaluated or considered,have any force or effect,and are inapplicable to this Bid. It is understood and agreed that the conditions in these Bid Documents are the only conditions applicable to this Bid and the CONTRACTOR's authorized signature on the Bid Form attests to this. ARTICLE 9—CONSULTANT'S STATUS DURING CONSTRUCTION: 9.1 CITY'S REPRESENTATIVE: 9.1.1 The CONSULTANT(if specifically designated),or a specifically designated employee of the CITY,shall act as the CITY's Representative during the construction period. . 9.1.2 The CONSULTANT's or CITY's Representative's decision with the consent of the CITY's Project Manager in matters relating to aesthetics shall be final,if pursuant to the terms of the Contract Documents. 9.1.3 CONSULTANT or CITY's Representative shall work with the CITY to: 9.1.3.1 Establish on-site lines of authority and communications,and 9.1.3.2 Schedule and conduct pre-construction meeting and progress meetings. 9.1.4 CONSULTANT or CITY's Representative shall also work with the CITY to establish procedures for: 9.1.4.1 Submittals 9.1.4.2 Reports and Records 9.1.4.3 Recommendations 9.1.4.4 Coordination of drawings 9.1.4.5 Schedules 9.1.4.6 Resolution of conflicts 9.1.5 CONSULTANT shall also: 9.1.5.1 Interpret Contract specifications and Drawings 9.1.5.2 Transmit written interpretations to CONTRACTOR,and to other concerned parties, 9.1.5.3 Assist in obtaining permits and approvals 9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities,and 9.1.5.5 Assist CITY to control the use of Site. 9.2 VISITS TO SITE: 9.2.1 After written Notice to Proceed with the Work,the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages of construction or as per CONSULTANT's contract with CITY to observe the progress and quality of the executed Work and to determine in general, if the Work is proceeding in accordance with the Contract Documents. On the basis of its on-site observations,as an experienced and qualified design professional,CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to guard the CITY against defects and deficiencies in the Work of the CONTRACTOR. 9.3 PROJECT REPRESENTATION: 9.3.1 The CITY of Boynton Beach or its authorized agents,inspectors or representatives shall act within the scope of duties entrusted to them by the CITY. GC-48 page 1961; -6 4 06 9.4 CLARIFICATIONS AND INTERPRETATIONS: 9.4.1 The CONSULTANT or CITY's Representative shall issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents(in the form of Drawings or otherwise)as the CITY may determine necessary,which shall be consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11(Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 9.5 MEASUREMENTS: 9.5.1 MEASUREMENTS: All Work completed under the Contract shall be measured by the CONSULTANT's or CITY's Representative or Project Representative according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. 9.6 REJECTING DEFECTIVE WORK: 9.6.1 The CONSULTANT,CITY's Representative or Project Representative shall have authority to disapprove or reject Work which is"defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection,test or approval referred to in the Contract Documents,or has been damaged prior to final inspection). The CONSULTANT,CITY's Representative or Project Representative shall also have authority to require special inspection or testing of the Work as may be individually or severally deemed necessary,whether or not the Work is fabricated,installed or completed. 9.7 SHOP DRAWINGS,CHANGE ORDERS AND PAYMENTS: 9.7.1 The CONSULTANT's responsibility for Shop Drawings and samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples)of the General Conditions. 9.7.2 The CONSULTANT's responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work),Article 11 (Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 9.7.3 The CONSULTANT's responsibilities in respect to Applications for Payment,etc.shall be pursuant to Article 14(Payment to Contractor and Completion)of the General Conditions. 9.8 DETERMINATIONS FOR UNIT PRICES: 9.8.1 The CITY's Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY's Project Manager and CONSULTANT shall review with CONTRACTOR,CONSULTANT's preliminary determinations on such matters before rendering a written decision by recommendation of an Application for Payment or otherwise. The CITY's Project Manager's written decisions shall be final and binding upon the CITY and CONTRACTOR unless,within ten(10)days after the date of any such decision,the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a decision. 9.9 DECISIONS ON DISPUTES: 9.9.1 The CITY's Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents and evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 (Change in Contract Price)and Article 12(Change in Contract Time)in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY's Project Manager, the CONSULTANT shall render a decision on the claim or disputed matter in writing within a reasonable time.Written notice of each such claim, dispute and other matter shall be delivered by the claimant to the CITY's Project Manager and CONSULTANT and the other party(ies)to the Contract promptly(but in no event later than ten(10)days)after the start of the occurrence or event giving rise thereto, and written supporting data shall be submitted to the CITY's Project Manager and CONSULTANT within ten (10) days after such occurrence,unless CONSULTANT with the consent of the CITY's Project Manager allows an additional period of time to ascertain more accurate data in support of such claim,dispute or other matter. 9.9.2 The CITY's Project Manager and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant's last submittal(unless the CITY's Project Manager and CONSULTANT allow additional time).CONSULTANT with the consent of the CITY's Project Manager shall render a formal decision in writing by thirty(30)days after receipt of the opposing party's submittal,if any,in accordance with this paragraph. The CITY's Project Manager's written decision,on such claim,dispute,or other matter shall be final and binding upon CONTRACTOR unless: i) an appeal from CITY/CONSULTANT's decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16(Dispute Resolution),or ii) a written notice of intention to appeal from the CITY's Project Manager and CONSULTANT's written decision is delivered by CONTRACTOR to the CITY's Project Manager and CONSULTANT within ten(10)days after the date of such decision and a formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim,dispute or other matter in accordance with applicable laws and regulations within thirty(30)days of the date of such decision,unless otherwise agreed in writing by CITY and CONTRACTOR. 9.9.3 The rendering of a decision by the CITY's Project Manager pursuant to Paragraphs 9.8.1,(Determinations of Unit Prices),9.9.1 and 9.9.2 (Dispute Resolution)with respect to any such claim,dispute or other matter(except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.11 (Waiver of Claims) shall be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations in GC-49 page 196r- -6 4 06 respect of any such claim,dispute or other matter pursuant to Article 16. 9.10 INSPECTION AND TESTING: 9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows: 9.10.1.1 Administer special testing and inspections of suspect Work. 9.10.1.2 Reject Work which does not comply with requirements of Contract Documents. 9.10.2 Coordinate Testing Laboratory Services: 9.10.2.1 Verify that required laboratory personnel and present. 9.10.2.2 Verify that tests are made in accordance with specified standards. 9.10.2.3 Review test reports for compliance with specified criteria. 9.10.2.4 Recommend and administer any required re-testing. 9.11 LIMITATIONS ON CONSULTANT: 9.11.1 Neither CONSULTANT's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT to CONTRACTOR,any SubContractor,any Supplier or any other person or organization performing any of the Work,or to any surety. 9.11.2 Whenever in the Contract Documents the term"as ordered","as directed","as required","as allowed","as approved",or terms of like effect or import are used,or the adjectives"reasonable","suitable","acceptable","proper',or"satisfactory",or adjectives of the like effect or import are used to describe a requirement,direction,review or judgment of the CONSULTANT as to the Work,it is intended that such requirement,direction,review or judgment shall be solely to evaluate the Work for compliance with the Contract Documents(unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General Conditions. 9.11.3 CONSULTANT shall not be responsible for CONTRACTOR's means,methods,techniques,sequences or procedures of construction,or the safety precautions and programs incident thereto,and CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR's failure to perform or furnish the Work pursuant to the Contract Documents. 9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor,any Supplier,or of any other person or organization performing or furnishing any of the Work. ARTICLE 10—CHANGES IN THE WORK 10.1 AUTHORIZED CHANGES IN THE WORK 10.1.1 Without invalidating the Contract and without notice to any surety,the CITY may at any time order additions,deletions or revisions in the Work;these changes shall be authorized by a Field Order or Change Order. Upon receipt of any such order or document,CONTRACTOR shall promptly proceed with the Work involved that shall be performed under the applicable conditions of the Contract Documents,except as otherwise specifically provided. 10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any,of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Change Order,a claim may be made therefor as provided in Article 11(Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended,modified and supplemented as provided in Section 3.2(References to Standards)except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies)or except in the case of uncovering Work as provided in Paragraph 13.4.2(Uncovering Work). 10.3 EXECUTION OF CHANGE ORDERS: 10.3.1 The CITY and CONTRACTOR shall execute appropriate Change Orders(or Written Amendments)covering: 10.3.1.1 Changes in Work,which are ordered by the CITY,pursuant to Paragraph 10.1.1 (Changes in the Work)or are required because of acceptance of defective Work under Paragraph 13.9,or are agreed by the parties. 10.3.1.2 Changes in the Contract Price or Contract Time which the parties agree to. 10.3.1.3 Changes in Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to Paragraph 9.9.1 (Decisions on Disputes),provided that,in lieu of executing any such Change Order,an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable laws and regulations,but during any such appeal,CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.24.1. 10.3.2 Surety: It is distinctly agreed and understood that any changes made in the Contract Documents for this Work(whether such changes increase or decrease the amount thereof)or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in no way annul,release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents(including,but not limited to Contract Price or Contract Time)is required by the provisions of any Bond to be given to a Surety,the giving of any such notice shall be the CONTRACTOR's responsibility,and the amount of each applicable Bond shall be adjusted accordingly. 10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all change orders involving additional cost or GC-50 page 196W -6 4 06 extensions of time,shall be governed pursuant to the ordinances of the CITY. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1 GENERAL 11.1.1 The Contract Price constitutes the total compensation(subject to authorized adjustments)payable to CONTRACTOR for performing the Work. All duties,responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Contract Price. 11.1.2 The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly(not later than ten(10)days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty(30)days after such occurrence and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts(direct,indirect and consequential)to which the claimant is entitled as a result of the occurrence of such event. All claims for adjustment in the Contract Price shall be determined by CITY and CONSULTANT in accordance with Paragraph 9.8.1,if the CITY and CONTRACTOR cannot otherwise agree on the amount involved. Any claim for an adjustment in the Contract Price shall not be waived if not submitted in accordance with this Paragraph 11.1.2. 11.1.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.1.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents by application of unit prices to the quantities of the items involved(subject to provisions of Section 11.5.(Unit Price Work)inclusive). 11.1.3.2 By mutual acceptance of a lump sum(which shall include an allowance for overhead and profit in accordance with Paragraph 11.3.1.2a(Contractor's Fee). 11.1.3.3 On the basis of the Cost of the Work(determined as provided in Section 11.2,inclusive)plus a CONTRACTOR's fee for overhead and profit)determined as provided in Section 11.3,Contractor's Fee,inclusive. 11.2 COST OF THE WORK: 11.2.1 General:The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by the CITY,such costs shall be in amounts no higher than those prevailing in the locality of the Project and must be approved by the CITY and CONSULTANT before any payment. Such costs shall include only the following items listed below in Paragraphs 11.2.2 thru 11.2.6 and shall not include any of the costs itemized in Paragraph 11.2.7 (Exclusions to Cost of the Work). 11.2.2 Labor:The term Cost of the Work includes payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications including the expenses of performing work after regular hours on Saturday,Sunday and legal holidays, agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not limited to,salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation,health and retirement benefits,sick leave,vacation and holiday pay applicable thereto. Employees under this paragraph shall include superintendents and foremen on site. 11.2.3 Materials and Equipment:The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof,and Supplier's field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments,in which case,the cash discounts shall accrue to the CITY. All trade discounts,rebates and refunds,and all returns from sale of surplus materials and equipment shall accrue to the CITY,and CONTRACTOR shall make provisions so that they may be obtained. 11.2.4 Subcontractor:The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by SubContractors,The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who shall then determine with the advice of the CONSULTANT,which bids shall be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of Work plus a fee,the subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of Work. All subcontracts shall be subject to all provisions of the Contract Documents. 11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the Work including but not limited to engineers,architects,testing laboratories,surveyors,attorneys and accountants. 11.2.6 Supplemental Costs: The term Cost of the Work includes the following: a. Costs,including transportation and maintenance,of all materials,supplies,equipment,machinery,appliances,office and temporary facilities at the site and tools not owned by the workers that are consumed in the performance of Work,and costs less than market value of such items used but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment and machinery and the parts thereof,whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT,and the costs of transportation,loading, unloading,installation,dismantling and removal thereof—in accordance with terms of such rental agreements. The rental of any such equipment,machinery or parts shall cease when the use thereof is no longer necessary for the Work. C. Cost of premiums for additional bonds and insurance required because of changes in the WORK. 11.2.7 Exclusions to Cost of the Work:The term Cost of the Work shall not include any of the following: 11.2.7.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,expeditors,timekeepers,clerks and other personnel employed by CONTRACTOR whether at the site in CONTRACTOR''s principal or branch office for general administration of the Work and not specifically included in the agreed GC-51 page 196A -6 4 06 upon schedule of job classifications referred to in Paragraph 11.2.2(Labor)or specifically covered by Paragraph 11.2.5(Costs of Special Consultants)—all of which are to be considered administrative costs covered by the CONTRACTOR's fee pursuant to Paragraph 11.3 of the General Conditions. 11.2.7.2 Expenses of any of CONTRACTOR's offices,including principal and branch offices,other than CONTRACTOR's office at the Site. 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same(except for the cost of premiums covered by subparagraph 11.2.6(c)above. 11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR,any subcontractor,supplier or anyone whose acts CONTRACTOR or subcontractor may be liable, including but not limited to,the correction of defective Work,disposal of materials or equipment wrongly supplied and making good any damage to property. 11.2.7.6 Costs associated with fringe benefits that are greater than actual costs,i.e.where worker hours exceed a typical 8-hour day and 40-hour workweek. 11.2.7.7 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 11.2(Cost of the Work). 11.3 CONTRACTOR'S FEE: 11.3.1 The CONTRACTOR's fee for overhead and profits shall be determined as follows: 11.3.1.1 A mutually acceptable fixed fee,or if none can be agreed upon; 11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 11.2.2(Labor)and 11.2.3(Materials and Equipment)the CONTRACTOR's fee shal I be five(5%)percent. b. For costs incurred under Paragraph 11.2.4(Subcontractors),the CONTRACTOR's fee shall be five(5%)percent,and if a subcontract is on the basis of Cost of the Work plus a fee,the maximum allowable to CONTRACTOR on account of overhead and profit of all subcontractors shall be five(5%)percent. c. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5 (Cost of Consultants), 11.2.6 (Supplemental Costs)and 11.2.7(Exclusions). d. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an account equal to ten(10%)percent of the net decrease,and e. When both additions and credits are involved in any one change,the adjustment in CONTRACTOR's fee shall be computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a)through 11.3.1.2(4)inclusive. 11.3.2 Whenever the cost of any work is to be determined pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions), CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT,an itemized breakdown together with supporting data. 11.4 ALLOWANCES: 11.4.1 It is understood that CONTRACTOR has included in the Contract Price all allowances named in the Contract Documents and shall cause the Work so covered in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY,CONTRACTOR agrees that: 11.4.1.1 The allowances include the cost to CONTRACTOR(less any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the Site,and all applicable taxes and 11.4.1.2 CONTRACTOR's costs for unloading and handling on the Site, including labor, installation costs,overhead,profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof shall be valid. 11.4.1.3 Prior to final payment,an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly adjusted. 11.5 UNIT PRICE WORK: 11.5.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,initially the Contract Price shall be deemed to include for all Unit Price Work,an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work,times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance with Paragraph 9.8-Determination of Unit Prices. 11.5.2 Each unit price shall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work,and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof,CONTRACTOR may make a claim pursuant to applicable provisions of these General Conditions for an increase in the Contract Price,if the parties are unable to agree as to the amount of any such increase. 11.5.4 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work and if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof,CITY may make a claim for a decrease in the Contract Price in accordance with Article 11—Change in Contract Price if the parties are unable to agree as to the amount of any decrease. GC-52 page 196Q -6 06 11.6 OMITTED WORK: 11.6.1 The CITY may at anytime,by written order,without Notice to the Sureties,require omission of such contract Work as it mayfind necessary or desirable.An order for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows: 11.6.1.1 By such applicable unit prices,or rates for work of a similar nature or character as set forth in the Contract,or 11.6.1.2 By the appropriate lump sum price set forth in the Contract,or 11.6.1.3 By the reasonable and fair estimated cost of such omitted Work and profit percentage as determined by the CONTRACTOR and the CONSULTANT,and approved by the CITY. ARTICLE 12—CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 The Contract Time may only be changed by a Change Order.Any claim for an extension or shortening of Contract Time shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly(but in no event later than seven(7)days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim.Notice to the extent of the claim with supporting data shall be delivered within seven(7)days after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of such event. Claims made beyond these time limits shall be null and void. Reporting of the general nature of the claim shall include at a minimum: 12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work. 12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in the Work. 12.1.1.4 Identification and demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Identification of the source of delay or change in the Work. 12.1.1.6 Anticipation on impact extent of the delay or change in the Work. 12.1.1.7 Recommended action to minimize delay. 12.1.2 Requests for extension of time shall be fully documented and shall include copies of daily logs,letters,shipping orders,delivery tickets, and other supporting information. In case of continuing cause of delay,only one(1)claim is necessary. Normal working weeks are based on a five(5)day week.All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT. No claim for an adjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions. 12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones)that,in the sole judgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR,the Contract Times(or Milestones)shall be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in Article 12 of the General Conditions. 12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY,acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7—Related Work at Site,fires,floods,epidemics,or acts of God. 12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project. 12.1.6 Claims for delay due to inclement weather(i.e.beyond the 10-year mean average)shall be the made within ten(10)days of the inclement weather occurrence. 12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR. 12.1.8 If the CONTRACTOR is prevented from completing any part of the Work within the Contract Time(or Milestones)due to delay beyond the control of both CITY and CONTRACTOR,an extension of the Contract Times(or Milestones)in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall CITY be liable to CONTRACTOR,and SubContractor,any supplier,any other person or organization,or to any surety or employee or agent of any of them,for damages arising out of or resulting from(i)delays caused by or within the control of the CONTRACTOR,or(ii)delays beyond the control of both parties including but not limited to fires,floods,epidemics,abnormal weather conditions,acts of God or acts of neglect by utility owners or other contractors performing work as contemplated by Article 7—Related Work at Site. 12.2 LIQUIDATED DAMAGES 12.2.1 The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial loss if the Work is not completed within the times specified in Paragraph 2.3—Notice to Proceed plus any extensions thereof allowed in accordance with Article 12—Change of Contract Time. Each of the parties acknowledge that it has attempted to quantify the damages which would be suffered by CITY in the event of the failure of CONTRACTOR to perform in a timely manner,but neither one has been capable of ascertaining such damages with any certainty. CITY and CONTRACTOR also recognize and acknowledge the delays,expenses and difficulties involved in providing proof of such damages in a legal proceeding,the actual loss suffered by the CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof,the CITY and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay the CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to$20,000 $100 $20,001 to$75,000 $200 $75,001 to$150,000 $500 GC-53 06 $150,001 to$350,000 $750 $350,001 to$750,000 $800 $750,001 to$1,000,000 $1,000 $1,000,001 to$2,000,000 $1,200 $2,000,001 to$3,000,000 $1,500 $3,000,001 to$4,000,000 $1,600 $4,000,001 to$5,000,000 $1,700 $5,000,001 to$6,000,000 $1,800 $6,000,001 to$7,000,000 $1,900 $7,000,001 to$8,000,000 $2,000 $8,000,001 to$9,000,000 $2,100 $9,000,001 to$10,000,000 $2,200 $10,000,001 to$11,000,000 $2,300 $11,000,001 to$12,000,000 $2,400 $12,000,001 and over $2,500 For each day that expires after the time specified in Paragraph 2.3—Notice to Proceed,for Substantial Completion until the Work is substantially complete. 12.2.2 After Substantial Completion,if CONTRACTOR shall neglect,refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY,CONTRACTOR shall pay CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to$20,000 $25.00 $20,001 to$75,000 $50.00 $75,001 to$150,000 $125.00 $150,001 to$350,000 $187.50 $350,001 to$750,000 $200.00 $750,001 to$1,000,000 $250.00 $1,000,001 to$2,000,000 $300.00 $2,000,001 to$3,000,000 $370.00 $3,000,001 to$4,000,000 $400.00 $4,000,001 to$5,000,000 $425.00 $5,000,001 to$6,000,000 $450.00 $6,000,001 to$7,000,000 $475.00 $7,000,001 to$8,000,000 $500.00 $8,000,001 to$9,000,000 $525.00 $9,000,001 to$10,000,000 $550.00 $10,000,001 to$11,000,000 $575.00 $11,000,001 to$12,000,000 $600.00 $12,000,001 and over $625.00 For each day that expires after the time specified in Paragraph 2.3—Notice to Proceed. 12.2.3 This sum is not a penalty.The CITY reserves the right to additionally recover direct job site expenses,including CONSULTANT's expenses incurred during the period of any delay. The CONTRACTOR shall be liable for liquidated damages even if the Contract is terminated by the CITY for cause or if the CONTRACTOR abandons the Work. The liability of the CONTRACTOR and its surety or sureties for damages provided by this Article is joint and several. ARTICLE 13—TESTS AND INSPECTIONS,CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 NOTICE OF DEFECTS: 13.1.1 Prompt notice of all defects for which CITY or CONSULTANT have actual knowledge shall be given to CONTRACTOR. All defective Work,whether or not completed,may be rejected,corrected or accepted as provided in Article 13—Tests and Inspections:Correction, Removal or Acceptance of Defective Work. 13.1.2 Unremedied defects identified for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material,workmanship or equipment which are remedied as a result of obligations of the guarantee,shall subject the remedied portion of the Work to an extended guarantee period of one(1)year after the defect has been remedied. The Surety shall be bound with and for the CONTRACTOR in the CONTRACTOR's observance of the guarantee. 13.2 ACCESS TO WORK: 13.2.1 CONSULTANT's and CONSULTANT's representatives,other representatives of the CITY,testing agencies and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation,inspecting and testing.CONTRACTOR shall provide proper and safe conditions for such access. 13.3 TESTS AND INSPECTIONS: 13.3.1 CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections,tests or approvals. 13.3.2 If any federal,state or local laws and regulations require any Work(or part thereof)to specifically be inspected,tested or approved, CONTRACTOR shall assume full responsibility therefore pay all costs in connection therewith,and furnish CONSULTANT the required GC-54 page 19:74 —6 4 06 certificates of inspection,testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing required in connection with the CITY's or CONSULTANT's acceptance of supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.3.3 All inspections, tests or approvals other than those required by federal, state, or local laws or regulations shall be performed by organizations acceptable to the CITY and CONSULTANT. 13.3.4 If any work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT,it must,if requested by CONSULTANT,be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given CONSULTANT timely written notice of CONTRACTOR's intention to cover the same and CONSULTANT has not acted with reasonable promptness in response to such notice. 13.3.5 Observations by CITY,CONSULTANT inspections or tests or approvals by others shall not relieve CONTRACTOR from CONTRACTOR's obligation's to perform the Work in pursuant to the Contract Documents. 13.3.6 General:For tests specified to be made by the CONTRACTOR,the testing personnel shall make the necessary inspections and tests,the testing work and testing report thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five(5)copies of the report shall be submitted and authoritative certification thereof must be furnished to the CONSULTANT as a prerequisite for the acceptance of any material or equipment. 13.3.7 If,in the making of any test of any material or equipment,it is ascertained by the CONSULTANT that the material or equipment does not comply with the Contract Documents,the CONTRACTOR will be notified thereof and it will be directed to refrain from delivering such material or equipment,or to remove it promptly from the Site or from the Work and replace it with acceptable material,without cost to the CITY. 13.3.8 Tests of electrical and mechanical equipment and appliances shall be conducted in accordance with the recognized test codes. 13.3.9 Costs. All inspection and testing or materials furnished under this Contract will be provided by the CONTRACTOR,unless otherwise expressly specified. 13.3.10 Materials and equipment submitted by the CONTRACTOR as the equivalent of those specifically named in the Contract may be tested by the CITY for compliance. The CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials and equipment which are rejected for non-compliance. 13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarized and include copies of the results of physical tests and chemical analyses,where necessary,that have been made directly on the product or on similar products of the manufacturer. 13.3.13 Start-up Tests:As soon as conditions permit,the CONTRACTOR shall furnish all labor,materials and instruments and shall make start- up tests of equipment. 13.3.14 If the start-up tests disclose any equipment furnished under the Contract which does not comply with the requirements of the Contract Documents,the CONTRACTOR shall, prior to demonstration tests, make all changes,adjustments and replacements required.The CONTRACTOR shall assist in the start-up tests as applicable. 13.4 UNCOVERING WORK: 13.4.1 If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT's observation and replaced at CONTRACTOR's expense. 13.4.2 If CONSULTANT requests that covered Work be observed by CONSULTANT or inspected or tested by others,CONTRACTOR, at CONSULTANT's request shall uncover,expose or otherwise make available for observation,inspection or testing as CONSULTANT may require,that portion of the Work in question,furnishing all necessary labor,material and equipment. If it is found that such Work is defective,CONTRACTOR shall bear all direct,indirect and consequential costs of such uncovering,exposure,observation,inspection and testing and of satisfactory reconstruction,(including but not limited to fees and charges of engineers,architects,attorneys and other professionals),and the CITY shall be entitled to an appropriate decrease in the Contract Price,and if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in Article 11. If however, such Work is found to be defective, CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time,or both,directly attributable to such uncovering,exposure,observation,inspection,testing and reconstruction;and if the parties are unable to agree as to the amount or extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11 —Change in Contract Price and Article 12—Change in Contract Time in the General Conditions. 13.5 CITY MAY STOP THE WORK: 13.5.1 If the Work is defective,or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment,or fails to furnish or perform the Work in such a way that the completed Work shall conform to the Contract Documents,the CITY may order CONTRACTOR to stop the Work,or any portion thereof,until the cause for such order has been eliminated,however,this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. 13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.6.1 If required by CONSULTANT,CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, GC-55 Page 1917-2 OF 1 J-06 installed or completed,or if the Work has been rejected by CONSULTANT,remove it from the Site and replace with non-defective Work. CONTRACTOR shall bear all direct,indirect,and consequential costs of such correction or removal(including but not limited to fees and charges of engineers,architects,attorneys and other professionals)made necessary thereby. 13.6.2 If the CONTRACTOR refuses to comply,the CITY may do of the following: 13.6.2.1 The CITY shall correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final payment due to the CONTRACTOR,or 13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager and in compliance with the CITY's specifications. The CITY's Project Manager shall have the discretion to determine if the Work is satisfactory and in compliance with the specifications. 13.6.3 The remedies contained herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems applicable. 13.7 ONE-YEAR CORRECTION PERIOD: 13.7.1 If within one(1)year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal,state or local laws and regulations,or by the terms of any applicable special guarantee required by the Contract Documents,or by any specific provision of the Contract Documents;any Work is found to be defective,CONTRACTOR shall promptly,without cost to the CITY and in accordance with the CITY's written instructions,either correct such defective Work,or if it has been rejected by the CITY,remove it from the Site and replace it with non-defective Work. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or incase of an emergency where delay would cause serious risk of loss or damage,the CITY may have the defective Work corrected or the rejected Work removed and replaced,and all direct,indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers, architects,attorneys and other professionals)shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 13.7.5 Where defective Work(and damage to other Work resulting therefrom)has been corrected,removed or replaced under this Paragraph 13.7—"One Year Correction Period",the correction period hereunder with respect to such Work shall be extended for an additional period of one(1)year after such correction or removal and replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Instead of requiring correction or removal and replacement of defective Work,CITY(prior to CONSULTANT's recommendation of final payment),if CONSULTANT prefers to accept defective Work CITY may accept defective Work.If CITY accepts defective Work pursuant to this Paragraph 13.8. CONTRACTOR shall pay all claims, costs, losses and damages attributable to CITY's evaluation of anc determination to accept such defective Work(such costs to be approved by CONSULTANT as to reasonableness and to include but not limited to fees and charges of engineers,architects,attorneys and other professionals). 13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT's recommendation of final payment,a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work,and the CITY shall be entitled to an appropriate decrease in the Contract Price,and,if the parties are unable to agree as to the amount thereof,the CITY may make a claim therefor as provided in Article 11—Change of Contract Price.If acceptance occurs after such recommendation,CONTRACTOR shall pay an appropriate amount to the CITY. 13.9 CITY MAY CORRECT DEFECTIVE WORK: 13.9.1 If CONTRACTOR fails within thirty(30)days after written notice of CONSULTANT to proceed to correct defective Work,or remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 13.7.1,or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents,or if CONTRACTOR fails to comply with any other provision of the Contract Documents,the CITY may,after seven(7)days written notice to CONTRACTOR correct and remedy any such deficiency. 13.9.2 To the extent necessary to complete corrective and remedial action,the CITY may exclude CONTRACTOR from all or part of the Work, and suspend CONTRACTOR's services related thereto,take possession of CONTRACTOR's tools,appliances,construction equipment and machinery at the Site and incorporate in the Work,all materials and equipment stored at the Site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY,the CONSULTANT,the CITY's Representative agents and employees,such access to the Site as may be necessary to enable the CITY to exercise the rights and remedies under this Paragraph. 13.9.3 All direct,indirect and consequential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY,and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work.The CITY shall be entitled to an appropriate decrease in the Contract Price,and if the parties are unable to agree as to the amount thereof,the CITY may make a claim therefore as provided in Article 11—Change of Contract Price. Such direct,indirect and inconsequential costs shall include but not be limited to fees and charges of engineers,architects,attorneys and other professionals, all court costs,and all costs of repair and/or replacement of Work of others destroyed or damaged by correction,removal or replacement of CONTRACTOR's defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or remedial work at no cost to the CITY. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY's rights pursuant to Paragraph 13.9 of the General Conditions. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION: GC-56 06 14.1 SCHEDULE OF VALUES 14.1.1 The schedule of values established as provided in Paragraph 2.9—Finalizing Schedules,shall serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to CITY and CONSULTANT. 14.2 UNIT PRICE BID SCHEDULE 14.2.1 Progress payments on account of Unit Price Work shall be based on the number of units completed. 14.2.2 The quantities for payment under this Contract shall be determined by actual measurement of the completed items in place,ready for service and accepted by the CITY,in accordance with the applicable method of measurement therefore contained pursuant to these General Conditions. 14.2.3 The CONTRACTOR shall receive and accept the compensation provided in the Bid and the Contract documents as full payment for furnishing all materials,labor,tools and equipment for performing all operations necessary to complete the Work under the Contract and also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual quantities of Work and quantities herein estimated by the CONSULTANT,or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until final acceptance by the CITY. 14.2.4 The prices stated in the Bid include all costs and expenses for taxes,labor,equipment,materials,commissions,transportation charges and expenses,patent fees and royalties,labor for handling materials during inspection,together with any and all other costs and expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit price stated in the Bid shall be in accordance with the description of that item. 14.3 APPLICATION FOR PAYMENTS: 14.3.1 Unless otherwise prescribed by federal,state or local law,at the end of each calendar month,the CONTRACTOR shall submit to the CONSULTANT for review,an Application for Payment(AFP)filled out and signed by the CONTRACTOR,covering the Work completed as of the date of the Application and accomplished by such supporting documentation pursuant to the Contract Documents. 14.3.2 The Net Payment Due to the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted from the amount of retainage specified in the Contract,and the total amount of all previous approved Applications for Progress Payment submitted by CONTRACTOR. Retainage shall be calculated based upon the above-mentioned sub-total. 14.3.3 The CONTRACTOR shall list each Change Order executed prior to date of submission,at the end of the continuation sheets and shall list by Change Order Number,and description,as for an original component item of work. 14.3.4 As provided for in the Application for Payment(AFP)form,the CONTRACTOR shall certify for each current pay request that all previous progress payments received from the CITY,under this Contract have been applied by the CONTRACTOR to discharge in full all obligations of the CONTRACTOR in connection with Work covered by prior Application for Payment (AFP), and all materials and equipment incorporated into the Work are free and clear of all liens,claims,security interest and encumbrances. CONTRACTOR shall attach to each Application for Payment(AFP)like obligation discharge affidavits by all subcontractors. 14.4 CONTRACTOR'S WARRANTY OF TITLE: 14.4.1 The CONTRACTOR warrants and guarantees that title to all Work and equipment covered by an Application for Payment,whether incorporated in the Project or not,shall have passed to the CITY prior to the making of an Application for Payment,free and clear of all liens,claims,security interests and encumbrances(hereafter in these General Conditions referred to as"Liens"),and that no work or equipment covered by an Application for Payment shall have been acquired by the CONTRACTOR or by any other party performing the Work at the Site or furnishing equipment for the Project,subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller of such products or otherwise imposed by the CONTRACTOR or such other person. 14.5 REVIEW OF APPLICATIONS FOR PAYMENT: 14.5.1 CONSULTANT shall,within ten(10)days after receipt of each Application for Payment,either indicate in writing,a recommendation of payment and present the Application to the CITY,or return the Application to CONTRACTOR indicating in writing CONSULTANT's reasons for refusing to recommend payment. In the latter case,CONTRACTOR may make necessary corrections and resubmit the Application. Thirty(30)days after receipt of the Application for Payment by the CITY with CONSULTANT's recommendation,the amount recommended shall(subject to the provisions of the last sentence of paragraph 14.5.4)become due and when due shall be timely paid by the CITY to CONTRACTOR. 14.5.2 CONSULTANT's recommendation of any payment requested in the Application for Payment shall not prohibit the CITY from withholcing payment or prohibit the CITY from paying additional sums regarding other matters or issues between the parties. 14.5.3 CONSULTANT's recommendation of final payment shall constitute a representation by CONSULTANT to the CITY that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in Paragraph 14.10,Final Payment and Acceptance,have been fulfilled. 14.5.4 CONSULTANT may refuse to recommend in whole or any part of any payment if,in CONSULTANT's opinion,it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests,nullify any such payment previously recommended, to such extent as may be necessary in CONSULTANT's opinion to protect the CITY from loss,including but not limited to: 14.5.4.1 The Work is defective or completed Work has been damaged requiring correction or replacement. 14.5.4.2 The Contract Price has been reduced by a Written Amendment or Change Order. 14.5.4.3 The CITY has been required to correct defective Work or complete Work pursuant to Paragraph 13.9,or GC-57 06 14.5.4.4 The CONSULTANT's actual knowledge of the occurrence of any of the events enumerated in Paragraphs 15.2.1 through 15.2.1.9 inclusive(CITY May Terminate). 14.5.5 The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR's performance or furnishing of the Work,or there are other items entitling the CITY to credit against the amount recommended but the CITY must give CONTRACTOR written notice(with a copy to CONSULTANT)stating the reasons for such action. Reasons the CITY may refuse to make payment include but are not limited to: 14.5.6 The Work for which payment is requested cannot be verified by the CITY. 14.5.7 Claims or Liens have been fled against the CITY relating to the Project or there is reasonable evidence indicating the probable fling thereof. 14.5.8 Upon unsatisfactory obligation of the Work,including failure to clean up as required. 14.5.9 Upon CONTRACTOR's persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents. 14.5.10 Upon liquidated damages payable by the CONTRACTOR,or 14.5.11 Upon any other violation of,or failure of CONTRACTOR to comply with,the provisions of the Contract Documents. 14.6 SUBSTANTIAL COMPLETION: 14.6.1 When the CONTRACTOR considers the entire Work ready for its intended use,the CONTRACTOR shall notify the CITY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. 14.6.2 The CITY,the CONSULTANT and the CONTRACTOR shall make an inspection of the Work within fifteen(15)calendar days after notice from the CONTRACTOR that the Work is substantially complete to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete,the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete,the CONSULTANT shall prepare and deliver to the CITY for its execution and recordation,the Certificate of Substantial Completion,signed by the CONSULTANT and CONTRACTOR,which shall affix the Date of Substantial Completion. 14.6.3 The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion,but the CITY shal I allow CONTRACTOR reasonable access to complete or correct items on the "punch list", pursuant to Paragraph 14.12 of the General Conditions. 14.7 PARTIAL UTILIZATION: 14.7.1 The CITY shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work,or the restoration of any damaged work except such as may be caused by agent or employees of the CITY. 14.7.2 Prior to Substantial Completion,the CITY,with the approval of the CONSULTANT and with written notice to the CONTRACTOR,may use any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.7.3 Use by the CITY of any finished part of the Work,which has specifically been identified in the Contract Documents,or which the CITY, CONSULTANT,and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY without significant interference with CONTRACTOR's performance of the remainder of the Work,may be accomplished prior to Substantial Completion of all Work subject to the following: 14.7.3.1 The CITY at any time may request CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees,CONTRACTOR shall certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work.CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. Within fifteen (15)days after either such request,the CITY,CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete,CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT considers that part of the Work to be substantially complete,the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.7.3.2 The CITY may at any time,request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen (15)days thereafter,the CITY,CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate operation by the CITY,CONSULTANT shall finalize the list of items to be completed or corrected and shall deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance,warranties and guarantees for that part of the Workwhich shall become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation(unless CONTRACTOR shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work,the CITY shall allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work. GC-58 06 14.8 FINAL INSPECTION: 14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete,CONSULTANT shall make a final inspection with the CITY and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective,or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as necessary to remedy such deficiencies. 14.9 FINAL APPLICATION FOR PAYMENT: 14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions,schedules,guarantees,Bonds,certificates of inspection,marked-up record documents(as provided in Paragraph 14.6,Substantial Completion)and other documents-all as required by the Contract Documents,and after CONSULTANT has indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto,CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by:(i)all documentation called for in the Contract Documents,including but not limited to the evidence of insurance required,(ii)consent of the surety,if any,to final payment,and(iii)complete and legally effective releases or waivers(satisfactory to CITY)of all Liens arising out of or filed in connection with the Work. 14.10 FINAL PAYMENT AND ACCEPTANCE: 14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, and receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation,the CITY's CONSULTANT shall promptly examine the Work and making such tests as he/she may deem proper,and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and experienced professional Consultant, shall satisfy themselves that the CONTRACTOR's statement appears to be correct and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled. The CONSULTANT shall then inform the CITY in writing that CONSULTANT have examined the Work and that it appears,to the best of the CONSULTANT's knowledge and belief,to conform to the Contract Drawings,Specifications and any approved Change Orders that the CONTRACTOR's other obligations under the Contract Documents have been fulfilled,and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY's CONSULTANT does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and workmanlike condition,and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. 14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which have been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the Work or his/her findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT's estimate and recommendation to the CITY,the CITY shall make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents,or as may be lawfully retained,including but not limited to,Liquidated Damages,as applicable. Title passes and warranty begins at final acceptance. 14.10.3 All prior estimates are subject to correction in the final estimate. Thirty(30)days after approval by the CITY of the Application for Final Payment,the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR. 14.11 WAIVER OF CLAIMS: 14.11.1 The making and acceptance of Final Payment shall constitute: 14.11.1.1 Waiver of all claims by CITY against CONTRACTOR, except claims arising from unsettled Liens from defective Work appearing after final inspection, pursuant to Paragraph 14.8, Final Inspection,from failure to comply with the Contract Documents or the terms of any special guarantees specified therein,or from CONTRACTOR's continuing obligations under the Contract Documents or the Performance and Payment Bonds,and 14.11.1.2 Waiver of all claims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time of making an acceptance of Final Payment. 14.12 PUNCHLIST PROCEDURES: As per Florida Statutes§218.735(7)(a)(ii),punchlist procedures to render the Work complete,satisfactory and acceptable are established as follows. 14.12.1 Within fifteen(15)days of Substantial Completion of the construction services purchased as defined in the Contract,CONTRACTOR shall schedule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough is to develop a preliminary punchlist("Punchlist")of items to be performed by the CONTRACTOR,based upon observations made jointly between the CONTRACTOR,CONSULTANT and CITY during the Substantial Completion Walkthrough. Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR's timely initiation of a request for the Substantial Completion Walkthrough.At its option,CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT. 14.12.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Punchlist either during the Substantial Completion Walkthrough itself,or thereafter for a period of thirty(30)days from the date of the Substantial Completion Walkthrough. 14.12.3 No later than thirty(30)days following the scheduled Substantial Completion Walkthrough,CONTRACTOR shall again initiate and request a second walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the Substantial Completion Walkthrough Checklist and to supplement that list as necessary(based,for example,upon work which may have been damaged as a result of the CONTRACTOR's performance of completion of items contained on the Substantial Completion Walkthrough Punchlist)and for the purpose of developing a joint Final Punchlist. 14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than thirty(30)days from the date of reaching Substantial Completion of the construction services or as defined in the Contract Documents. GC-59 06 14.12.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes§218.735(7)(d)until the CONTRACTOR considers the Final Punchlist to be 100%complete. 14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty(30)days of the date of its issuance by CITY. 14.12.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as the Final Punchlist is 100%complete. 14.12.8 CONTRACTOR acknowledges and agrees that CITY may, at its option, during performance of the Work and prior to Substantial Completion,issue lists of identified non-conforming or corrective work for the CONTRACTOR to address.The intent of any such CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by CITY during performance of the Work. 14.12.9 CONTRACTOR acknowledges and agrees that in calculating 150%of the amount which may be withheld by CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete,as provided for by Florida Statutes§218.735(7)(d),CITY may include within such percentage calculation its total costs for completing such item of work,including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the Schedule of Value associated with such work activity,but rather total costs are based upon the value(i.e.cost)of completing such work activity based upon market conditions at the time of Final Punchlist completion. 14.13 RETAINAGE PROCEDURES: 14.13.1 Pursuant to Florida Statutes § 218.735(8)(a). The CITY may withhold retainage of five (5) percent of all monies earned by the CONTRACTOR and shall be retained by the CITY until Final Completion of the construction services purchased(defined as that point at which one hundred(100)percent of the constriction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR)has been reached and acceptance by the CITY as defined in Florida Statutes§218.735(7)(d). 14.13.2 This section does not prohibit the CITY from withholding retainage at a rate less than five(5%)percent of each progress payment,from incrementally reducing the rate of retainage pursuant to a schedule provided for in the Contract,or from releasing at any point all or a portion of any retainage withheld by the CITY which is attributable to the labor,services,or materials supplied by the CONTRACTOR or by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to the labor,services,or materials supplies by one or more subcontractors or suppliers,the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.3 This section does not require the CITY to pay or release any amounts that are subject of a good faith dispute,the subject of a claim brought pursuant to Florida Statutes§255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR. 14.13.4 The time limitations set forth in this section for payment requests,apply to any payment request for retainage made pursuant to this section. 14.13.5 Paragraphs 14.13.2 do not apply to construction services purchased by the CITY which are paid for,in whole or in part,with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. 14.13.6 This subsection does not apply to any construction services purchased by the CITY if the total cost of the construction services as identified in the contract is$200,000 or less. 14.13.7 All payments dues under this section and not made within the time periods specified by this section shall bear interest at the rate of one (1%)percent per month,or the rate specified by contract,whichever is greater. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION: 15.1 CITY MAY SUSPEND/STOP WORK: 15.1.1 THE CITY MAY SUSPEND WORK:The CITY may,at any time and without cause,suspend the Work or any portion thereof for period of not more than ninety(90)days by notice in writing to CONTRACTOR and CONSULTANT which shall affix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so affixed. If CONTRACTOR claims an increase in the Contract Price or an extension of the Contract Time,or both,directly attributable to any suspension,CONTRACTOR may make a claim as provided in Articles 11(Change of Contract Price)and Article 12(Change of Contract Time)of the General Conditions. 15.1.2 THE CITY MAY STOP WORK:The CITY or CITY's Representative may stop the Work or any portion thereof when it has been determined that the CONTRACTOR is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition.A verbal Stop Work order shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal and shall be followed by a confirmation in writing. 15.2 CITY MAY TERMINATE FOR CAUSE: 15.2.1 Upon the occurrence of any one or more of the following events: 15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code(Title 11,United States Code),as now or hereafter in effect,or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such timing relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code(Title 11,United States Code)as now GC-60 06 or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.1.4 If a trustee, receiver,custodian or agent of CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors, 15.2.1.5 If CONTRACTOR admits in writing an inability to pay the debts generally as they become due, 15.2.1.6 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents(including but not limited to,failure to supply sufficient skilled workers suitable materials or equipment or failure to adhere to the progress schedule established under Paragraph 2.6 as revised from time to time), 15.2.1.7 If CONTRACTOR disregards any federal,state or local laws and or regulations of any Local Public Agency regulations that apply. 15.2.1.8 If CONTRACTOR disregards the authority of CONSULTANT,or 15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents, 15.2.1.10 In the event of termination,the CITY may take possession of the premises and all materials,tools,and appliances,thereon and finish the Work by whatever method it may deem expedient. In such cases,the CONTRACTOR shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date,subject to any setoffs due the CITY in completing the Project and for reimbursement for damages incurred.The CITY may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by CONTRACTOR to complete the Work. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the expense incurred by the CITY to finish the Work(including additional managerial and administrative services,plus the CITY's direct, indirect and consequential losses),exceeds the unpaid balance on the Contract,the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demand. The expense incurred through the CONTRACTOR's default,shall be certified by the CITY's Project Manager. The CONTRACTOR shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the CONTRACTOR and its surety or sureties for such damages and costs is joint and several. The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the Project in its entirety. These clauses shall survive the termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold the CONTRACTOR in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted,or wrongful,then any such termination shall be deemed for all purposes as a termination without cause as described below. The CONTRACTOR agrees that it shall be entitled to no damages,allowances or expenses of any kind other than as provided in this Agreement in connection with such termination,any and all claims for consequential damages, loss of bonding capability,destruction of business,unabsorbed home office overhead,lost profit and related claims. 15.2.2 Where CONTRACTOR's services have been terminated by the CITY,the termination shall not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the CITY shall not release CONTRACTOR from liability. 15.3 CITY MAY TERMINATE WITHOUT CAUSE: 15.3.1 The CITY may terminate this Contract without cause by giving seven(7)days prior written notice to the CONTRACTOR,and in such event,the CITY shall pay the CONTRACTOR for that portion of the Contract Sum,less the aggregate of previous payments,allocable to the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR, not including overhead,general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments,(with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination,if the CONTRACTOR can show proof of such purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it,all or some subcontracts,construction,plants,materials tools,equipment,appliances, rental agreements, and other commitments which the CITY, in its sole discretion,chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. 15.4 REMOVAL OF EQUIPMENT DUE TO TERMINATION: 15.4.1 Removal of Equipment: In the case of termination of this Contract before completion,for any cause whatever,the CONTRACTOR,if notified to do so by the CITY or CITY's Project Manager,shall promptly remove any part of all of this equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies,the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. 15.5 CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5.1 If,through no act or fault of CONTRACTOR,the Work is suspended for a period of more than ninety(90)days by the CITY,or under an order of court or other public authority,or CONSULTANT fails to act on any Application of Payment within thirty(30)days after it is submitted,or the CITY fails to pay any sum finally determined to be due within sixty(60)days to CONTRACTOR,CONTRACTOR may upon CITY's and CONSULTANT's receipt of seven(7)days written notice to the CITY and CONSULTANT,terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum,less the aggregate of previous payments,allocable to the Work completed as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts, construction,plant,materials,tools,equipment,appliances,rental agreements,and any other commitments which the CITY,in its sole discretion,chooses to take by assignment,and in such event,the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Contract,if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid,CONTRACTOR may upon seven(7)days written notice to the CITY GC-61 page I 9:71A —6 4 06 and CONSULTANT,stop the Work until payment of all amount becomes due. The provisions of this paragraph shall not relieve the CONTRACTOR of the obligations under Paragraph 6.24—Continuing the Work,to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY or CONSULTANT. ARTICLE 16-DISPUTE RESOLUTION 16.1 GOOD FAITH EFFORT: 16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising under this Contract,shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY or CITY's Project Manager. At all times,the CONTRACTOR shall carry on the Work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the CITY or its representatives,pending a final resolution of the dispute,including,if necessary,any determination by a Court of competent jurisdiction.Any dispute which is not resolved by mutual agreement of CONTRACTOR and CITY's or CITY's Project Manager shall be decided by the CITY MANAGER or CITY MANAGER's designee who shall reduce the decision to writing. The decision of the CITY MANAGER or CITY MANAGER's designee shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent,capricious,arbitrary,so grossly erroneous as to necessarily imply bad faith,or not be supported by substantial evidence. 16.2 MEDIATION: 16.2.1 Prior to initialing any litigation concerning this Contract,the CITY reserves the right to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law,the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 17—MISCELLANEOUS: 17.1 GIVING NOTICE: 17.1.1 All notices,requests,consents and other communications required or permitted under this Contract shall be in writing and shall be(as elected by the person giving such notice)hand delivered by messenger or courier service,or mailed by registered or certified mail(postage prepaid)return receipt requested,addressed to To CITY: User Department 100 E.Ocean Avenue Boynton Beach,Florida 33435 WITH A COPY T0: Director of Financial Services Procurement Services Division 100 E.Ocean Avenue Boynton Beach,Florida 33435 CONTRACTOR: Individual or to a member of the firm or to an officer of the corporation for whom it is intended. 17.2 COMPUTATION OF TIME: 17.2.1 When any period of time is referred to in the Contract Documents by days,it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a federal or state legal holiday,such day shall be omitted from the computation. 17.3 NOTICE OF CLAIM: 17.3.1 Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error,omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable,claim shall be made in writing to the other party within seven(7)calendar days of the first observance of such injury or damage.The provisions of this Paragraph 17.3 shall not be construed as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions. 17.4 CULMULATIVE REMEDIES: 17.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation,the warranties, guarantees and obligations imposed upon CONTRACTOR by Sections 6— Contractor's Responsibilities,Section 13—Test and Inspections,Correction,Removal or Acceptance of Defective Work,Section 14— Payments to Contractor and Completion,and Section 15—Suspension of Work and Termination,and all of the rights and remedies available to the CITY and CONSULTANT thereunder,are in addition to and are not to be construed in any way as a limitation of,any rights and remedies available to any or all duties and obligations which are otherwise imposed or available by federal,state and local laws or regulations,by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents,and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents in connection with each particular duty obligation,right and remedy. All representations warranties and guarantees made in the Contract Documents shall survive final payment and termination of completion of the Contract. GC-62 06 17.5 ACCIDENT AND PREVENTION: 17.5.1 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery,equipment and all hazards shall be guarded in accordance with the safety provisions of the"Manual of Accident Prevention in Construction"as published by the Associated General Contractors of America,Inc.to the extent that such provisions are not in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death,occupational diseases,or injury requiring medical attention or causing loss of time from Work,arising out of and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters. 17.6 FLORIDA PRODUCTS AND LABOR: 17.6.1 The CONTRACTOR shall comply with Florida Statutes§255.04,which requires that on public building contracts,Florida products and labor shall be used whenever price and quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.7.2 Any person employed on the Project who fails,refuses,or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project,or who appears to the CITY or CITY's Representative to be disorderly,intoxicated,insubordinate,or incompetent,shall upon the order of the CITY,be discharged at once and will no longer be employed in any part of the Work. Any interference with,or abuse or threatening conduct toward the CITY,CONSULTANT,or their inspectors by the CONTRACTOR or its employees or agents,shall be authority for the CITY to annul the Contract and re-let the Project. No intoxicating substance shall be allowed at the Project Site. 17.8 NON-DISCRIMINATION: 17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race,creed,color,religion,sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading,demotion or transfer,recruitment advertising,layoff or termination,rates of pay or other form of compensation,and selection for training including apprenticeship.The CONTRACTOR agrees to post in conspicuous places,available to employees and applicants for employment,notices setting forth the provisions of this non-discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance. 17.9 DRUG-FEE WORKPLACE: 17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug-Free Workplace and have their Drug-Free Workplace policy posted in their offices and available for inspection by the CITY. 17.10 PUBLIC ENTITY CRIMES: 17.10.1 Pursuant to Florida Statutes§287.133,as amended,a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity,may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit Bids on leases of real property to a public entity,may not be awarded to perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes§287.017 for CATEGORY TWO or higher for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. 17.11 ASSIGNMENT: 17.11.1 This Contract nor any monies due hereunder,or any part thereof,shall not be assigned or transferred by CONTRACTOR without written consent of the party sought to be bound. The CITY shall not be liable to any assignee or transferee of the Contract or any monies due hereunder without the previous written consent of the CITY,to the assignment or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. 17.12 VENUE: 17.12.1 This Contract shall be interpreted as a whole unit and section headings are for convenience only.All interpretations shall be governed by the laws of the State of Florida with venue lying in Palm Beach County,Florida. 17.13 FUNDING OUT: 17.13.1 It is necessary that fiscal funding out provisions be included in all Bids in which the terms are for periods longer than one year. Therefore, the following funding out provisions are an integral part of this Invitation to Bid and CONTRACTOR agrees that: 17.13.2 The CITY during the contract period may terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the same terms and conditions. 17.13.3 Such prior written notice shall state that the lack of appropriated funds is the reason for termination. 17.14 CITY's PURCHASING CARD: 17.14.1 The CITY has authorized use of a Purchasing Card to expedite small dollar purchases for materials,supplies and other items needed for GC-63 Page 1988 %5F 1 J-06 daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above mentioned purchases. 17.14.2 The CITY reserves the right to use the Purchasing Cards as an optional payment method to pay invoices for the project Work submitted by the CONTRACTOR. 17.15 DEBARMENT: 17.15.1 The CITY shall have the authority to debar a person/corporation/contractor for cause for consideration of award of future contacts. The debarment shall be for a period commensurate with the seriousness of the causes,generally not to exceed three(3)years. When the offense is willful or blatant,a longer term of debarment may be imposed,up to an indefinite period. 17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY PROPERTY: 17.16.1 Possession of firearms shall not be tolerated in or near CITY buildings.Nor shall violation of Federal,State and local laws and policies regarding Drug-Free Workplace be tolerated. Violators shall be subject to immediate termination. 17.16.2 "Firearm"means any weapon(including a starter gun or antique firearm)which is designed to,or may readily be converted to expel a projectile by the action of an explosive,the frame of receiver of any such weapon,any destructive device,or any machine gun. 17.16.3 No person who has a firearm in their vehicle may park their vehicle on CITY premises. 17.16.4 If any employee of CONTRACTOR or Sub-Contractor is found to have brought a firearm on CITY property,such employee must be terminated from the Project by the CONTRACTOR or Sub-Contractor. If the Sub-Contractor fails to terminate such employee,the Sub- Contractor's agreement with the CONTRACTOR for the CITY project shall be terminated. If the CONTRACTOR fails to terminate such employee or fails to terminate the agreement with the Sub-Contractor who fails to terminate such employee, the CONTRACTOR's agreement with the CITY shall be terminated. 17.17 PRODUCT RECALL: 17.17.1 In the event the CONTRACTOR receives notice that a product delivered by the CONTRACTOR to the CITY has been recalled,seized,or embargoed,and/or has been determined misbranded,adulterated,or found to be unfit for human consumption by a packer,processor, subcontractor,retailer,manufacturer,or by any state or federal regulatory agency,the CONTRACTOR shall notify the CITY's Procurement Services Division within two(2)business days of receiving such notice. The CITY's acceptance or failure to reject the affected product as non-conforming shall not in anyway impact,negate,or diminish the CONTRACTOR's duty to notify the CITY,CONSULTANT and CITY's Procurement Services Division that the affected product has been recalled,seized or embargoed,and/or has been determined to be misbranded,adulterated,or found to be unfit for human consumption. The form and content of such notice to the CITY shall include the name and description of the affected product;the approximate date the affected product was delivered to the CITY;the bid number;and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the CITY, if necessary to protect the health,welfare,and safety of CITY employees,and any health hazards known to the CONTRACTOR which may be caused or created by the affected product. 17.17.2 The CONTRACTOR shall,at the option of the CITY's Procurement Services Division,either reimburse the purchase price or provide an equivalent replacement product at no additional cost to the CITY.The CONTRACTOR shall be responsible for removal and/or replacement of the affected product within the time specified by the CITY,without causing significant inconvenience to the CITY. 17.17.3 At the option of the CITY,the CONTRACTOR may be required to reimburse storage,disposal and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The CONTRACTOR shall bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to removal and/or replace the affected product with an equivalent replacement within the time specified by the CITY, without causing significant inconvenience to the CITY shall be considered a default of the Contract. 17.18 RIGHTS TO BID DOCUMENTS: 17.18.1 All copies and contents of any proposal,attachment,and explanation thereof submitted in response to this Invitation to Bid (except copyright material),shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use,at its discretion,and in any manner it deems appropriate,any concept,idea,technique or suggestion contained therein. All copyright and industrial/commercial proprietary, confidential and/or privileged information such as financial records, must be clearly identified, as such confidentiality is protected until award of contract,in accordance with Florida Statutes,Chapter 119. Such material shall be returned to the Bidders prior to award of contract so as to preserve the proprietary and confidential nature of its contents. 17.19 SEVERABILITY: 17.19.1 Indulgence by the CITY on any non-compliance by the CONTRACTOR does not constitute a waiver of any rights under this Invitation to Bid. If any term or provision of this Bid or resulting Contract,or the application thereof to any person or circumstances shall to any extent be held invalid or unenforceable,the remainder of this Bid or Contract,or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected,and every other term provision of this Bid/Contract shall be deemed valid and enforceable to the extent permitted by law. 17.20 VERIFICATION OF EMPLOYMENT STATUS: 17.20.1 The CITY shall not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized immigrant workers,constituting a violation of the employment provisions contained in U.S.C.Section 1324a(e)(Section274A9e)of the Immigration and Nationality Act(INA). The CITY shall consider the employment by any contractor of unauthorized aliens a violation by the recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY. GC-64 page 1984 —6 4 06 17.21 ABBREVIATIONS AND SYMBOLS: 17.21.1 Referenced Standards:Any reference to published specifications or standards of any organization or association shall comply with the requirements of the specifications or standards which is current on the date of Advertisement of Bids. In case of a conflict between the referenced specifications or standards,the one having the more stringent requirement shall govern. 17.21.2 In case of conflict between the referenced specifications or standards and the Contract Documents,the Contract Documents shall govern. 17.21.3 ABBREVIATIONS: AA Aluminum Association AAA American Arbitration Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturer's Assoc. AASHO The American Association of State Highway Officials ABA American Bar Association ABMA American Boiler Manufacturer's Association ABPA Acoustical and Board Products Association ACI American Concrete Institute ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Anti-Friction Bearing Manufacturer's Assoc. AGA American Gas Association AGC Associated General Contractors of America AGMA American Gear Manufacturer's Association AHA American Hardboard Association Al The Asphalt Institute AIA American Institute of Architects AIA American Insurance Association AIEE American Institute of Electrical Engineers(Now IEEE) AIMA Acoustical and Insulating Materials Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Condition Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ARI American Refrigeration Institution ASA American Standards Association(Now ANSI) ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating,Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASSCBC American Standard Safety Code for Building Construction ASSHTO American Association of State Highway Transportation Officials ASTM American Society for Testing and Materials AWG American Wire Gauge AWI Architectural Woodwork Institute AWPA American Wood Preserver's Association AWPB American Wood Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturer's Association BIA Brick Institute of America(Formerly,SCPI) CDA Copper Development Association CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of America CRSI Concrete Reinforcement Steel Institute CS Commercial Standard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Standard Specification for Road and Bridge Construction, Florida Department of Transportation E/A Engineer and/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluid Control Institute FEC Florida East-Coast Railway FDER Florida Department of Environmental Regulation FDOT Florida Department of Transportation Fed Spec Federal Specification GC-65 page I 98Q -6 06 FPL Florida Power and Light FPS Feet Per Second FS Federal Standards GA Gypsum Association GPM Gallons Per Minute HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartford Steam Boiler Inspection and Insurance Co. ID Inside Diameter IEEE Institute of Electrical and Electronic Engineers IFI Industrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size LWDD Lake Worth Drainage District MF Factory Mutual System MGD Million Gallons Per Day MHI Materials Handling Institute MIL Military Specifications MMA Monorail Manufacturer's Association NBFU National Board of Fire Underwriters NBHA National Builders'Hardware Association NBS National Bureau of Standards NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Code NECA National Electrical Contractors'Association NEMA National Electrical Manufacturer's Association NFPA National Fire Protection Association NLA National Lime Association NPC National Plumbing Code NPT National Pipe Threads NSC National Safety Council NSF National Sanitation Foundation OD Outside Diameter OSHA U.S.Department of Labor,Occupational Safety and Health Administration PCA Portland Cement Association PCI Pre-stressed Concrete Institute PS United States Products Standards PSI Pounds per Square Inch PS IA Pounds per Square Inch Atmosphere PSIG Pounds per Square Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station(100 feet) TAS Technical Aid Series TCA The Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories,Inc. USACE United States Army Corps of Engineers USASI United States of American Standards Institute 17.21.4 GENERAL ABBREVIATIONS AND ACRONYMS ACR Attenuation-to-Crosstalk Ration ADA Americans with Disabilities Act AFF Above finished floor ANSI American National Standards Institute ASTM American Society for Testing and Materials(ASTM International) AWG American Wire Gauge BD Building distributor(replacing main-cross connect and MDF as"building service" (room identifiers) BICSI® Building Industry Consulting Service International,Inc. BTU British Thermal Unit CATV Community Antenna Television(Cable Television) CD Campus distributor (replacing main-cross connect and MDF as "campus-wide service" room identifiers). Also, compact disk for storage of audio or video information. GC-66 page I 98Q -6 06 dB Decibel EMT Electrical metallic tubing ENT Electrical non-metallic tubing EDPM Ethylene-polypropylene-diene membrane EF Entrance facility EIA Electronic Industries Alliance ELFEXT Equal Level Far End Crosswalk EMC Electromagnetic Compatibility EMI Electromagnetic Inference ER Equipment Room,Replacing"TR" FMC Flexible metallic conduit FCC Federal Communications Commission FD Floor Distributor (replacing network room, intermediate and horizontal cross- connect,and telecommunications as"building service"room identifiers). Also,Floor Drain as part of building plumbing system. FDDI Fiber Distribution Data Interface FEXT Far-End Crosstalk FOTP Fiber Optic Test Procedure Freq Frequency GE Ground equalizer(replacing TBBIBC) Gnd Ground HB Handbox,also hose bibb for water supply part of plumbing system HC Horizontal Cross-Connect(replaced by floor distributor FD") HH Handhole HVAC Heating,Ventilation,and Air-Conditioning Hz Hertz IC Intermediate Cross-Connect(replaced by"BD"or FD" IEEE Institute of Electrical and Electronics Engineers IMC Intermediate metal conduit ISO International Organization for Standardization ISP Inside Cable Plant LFMC Liquidtight flexible metal conduit LFNC Liquidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross-Connect(replaced by campus distributor"CD") MDF Main Distributor Frame(replaced by"CD"or"BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile-butadiene rubber NEC National Electric Safety Code,C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room OSHA Occupational Safety and Health Administration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDD® Registered Communications Distribution Designer RFI Radio Frequency Interference RH Relative Humidity RNC Rigid nonmetallic conduit SM Single Mode TBB Telecommunication Bonding Backbone TBBIBC Telecommunication Bonding Backbone Interconnecting Bonding Conductor (replaced by ground equalizer"GE") TE Telephone Equipment(Wall Mounted Equipment Rack) TGB Telecommunications Grounding Buss Bar TIA Telecommunications Industry Association TMGB Telecommunications Main Grounding Buss Bar TR Telecommunications Room(being replaced with"ER") UL Underwriters Laboratory UPS Uninterruptible Power Supply WAO Work Area Outlet 17.21.5 UNITS OF MEASURE Weights and Measures shall be identified by Weights and Measures Division,NIST.,U.S.Department of Commerce,100 Bureau Drive, Stop 2600,Gaithersburg,MD 20899-26. END OF SECTION GC-67 Page 1984 of 1 06 4L <p PROJECT NAME: WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT BID NUMBER: 081-2821-21 SPECIAL CONDITIONS - TABLE OF CONTENTS SCO 1000 General Requirements SCO1010 Summary of Project SCO 1025 Measurement and Payment SCO 1027 Applications for Payments SCO 1041 Project Coordination SCO 1050 Field Engineering SCO 1065 Permits and Fees SCO 1070 Abbreviations and Symbols SCO 1091 Reference Specifications SC01100 Special Project Procedures SCO1110 Environmental Protection Procedures SCO 1153 Change Order Procedures SCO 1200 Project Meetings SCO1310 Progress Schedules SCO 1340 Shop Drawings, Work Drawings, and Samples SCO 1370 Schedule of Values SCO 1380 Construction Photographs SCO 1390 Video and Photographic Site Survey SCO 1400 Quality Requirements SCO 1500 Construction Facilities and Temporary Controls SCO 1505 Mobilization SCO 1525 Construction Aids SCO 1530 Barriers SCO 1540 Security and Safety Procedures for Infrastructure Projects SCO 1541 Security and Safety Procedures for Water Treatment Plant Projects SCO 1568 Temporary Erosion and Sedimentation Control SCO 1570 Maintenance of Traffic SCO 1580 Project Identification and Signs SCO 1600 Material and Equipment SCO 1630 Substitutions and Product Options SCO1650 Start Up SCO 1700 Contract Closeout SCO 1705 Record Drawings Requirements SCO1710 Cleaning SCO 1720 Project Record Documents SCO 1730 Operating and Maintenance Data SCO 1740 Warranties and Bonds SCO 1800 Miscellaneous Work and Clean up END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 68 Page 1985 of 1 J-06 0 SECTION 01000-GENERAL REQUIREMENTS PART 1 -GENERAL Execution. The General part of a Specification contains General 1.01 DESCRIPTION Requirements which govern the work. Products and Execution Parts modify A. Scope of Work: The work to be done and supplement the General consists of the furnishing of all labor, Requirements by detailed requirements materials and equipment, and the for the work and shall always govern performance of all work included in this whenever there appears to be a conflict. Contract. The summary of the Work is presented in Section SC01010: B. Intent: Summary of Project. 1. Work not specified in the Specifications, B. Work Included: but involved in carrying out their intent or in the complete and proper execution 1. The Contractor shall furnish all of the work, is required and shall be labor, superintendence, materials, performed by the Contractor as though it plant power, light, heat, fuel, water, were specifically delineated or tools, appliances, equipment, described. supplies,and means of construction necessary for proper performance 2. The silence of the Specifications as to and completion of the work. The any detail, or the omission from them of Contractor shall perform and a detailed description concerning any complete the work in the manner work to be done and materials to be best calculated to promote rapid furnished, shall be regarded as meaning construction consistent with safety that only the best general practice is to of life and property and to the prevail and that only material and satisfaction of the Consultant,and in workmanship of the best quality is to be strict accordance with the Contract used, the interpretation of these Documents. The Contractor shall Specifications shall be made upon that clean up the work and maintain it basis. during and after construction, until accepted,and shall do all work and 1.03 MATERIALS AND EQUIPMENT A. pay all costs incidental thereto. The CONTRACTOR shall repair or Manufacturer: restore all structures and property that may be damaged or disturbed 1. All transactions with the manufacturers during performance of the work. or subcontractors shall be through the Contractor. 2. The cost of incidental work described in these Contract 2. Any two (2) or more pieces of material Requirements,for which there are no or equipment of the same kind, type or specific Contract Items, shall be classification, and being used for considered as part of the general identical types of service, shall be made cost of doing the work and shall be by the same manufacturer. included in the prices for the various Contract Items. No B. Delivery: additional payment will be made aforementioned incidental work. 1. The Contractor shall deliver materials in ample quantities to insure the most 3. The Contractor shall provide and speedy and uninterrupted progress of maintain such modern plant, tools, the work so as to complete the work within and equipment as may be the allotted time. necessary, in the opinion of the Consultant, to perform in a 2. The Contractor shall also coordinate satisfactory and acceptable manner deliveries in order to avoid delay in, or all the work required by this impediment of,the progress of the work of Contract. Only equipment of any related Contractor. established reputation and proven efficiency shall be used. The 1.04 INSPECTION AND TESTING Contractor shall be solely responsible for the adequacy of its A. General: workmanship, materials, and 1. For tests specified to be made by equipment. 1.02 CONTRACT DOCUMENTS A. The Technical Specifications consist of three (3) parts: General, Products and Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1000-69 GENERAL REQUIREMENTS 06 0 the Contractor, the testing products of the manufacturer. personnel shall make the D. Start up Tests necessary inspections and tests and the reports thereof shall be in 1. As soon as conditions permit, the such form as will facilitate checking Contractor shall furnish all labor, to determine compliance with the materials, and instruments and shall Contract Documents. Five (5) make start-up tests of equipment. copies of the reports shall be submitted and authoritative 2. If the start-up tests disclose any certification thereof must be equipment furnished under this Contract furnished to the Consultant as a which does not comply with the prerequisite for the acceptance of requirements of the Contract any material or equipment. Documents, the Contractor shall, prior to demonstration tests, make all changes, 2. If, in the making of any test of any adjustments and replacements required. material or equipment, it is The furnishing Contractor shall assist in ascertained by the Consultant that the start-up tests as applicable. the material or equipment does not comply with the Contract 1.05 CARE AND PROTECTION OF PROPERTY Documents, the Contractor will be notified thereof and he will be The Contractor shall be responsible for the directed to refrain from delivering preservation of all public and private property, said material or equipment, or to and shall use every precaution necessary to remove it promptly from the site or prevent damage thereto. If any direct or from the work and replace it with indirect damage is done to public or private acceptable material, without cost to property by or on account of any act, the CITY. omission, neglect, or misconduct in the execution of the work on the part of the 3. Tests of electrical and mechanical Contractor, such property shall be restored equipment and appliances shall be by the contractor,at his expense,to a condition conducted in accordance with the similar or equal to that existing before the recognized federal, state and local damage was done, or he shall make good the law test codes and manufacturer damage in other manner acceptable to the recommendation. Consultant. B. Costs: 1.06 MEASUREMENT AND PAYMENT 1. All inspection and testing of materials Payments will be made on completion of furnished under this Contract will be each phase of the Work and acceptance by provided by the Contractor, unless the CITY shall be made pursuant to this otherwise expressly specified. Contract. 2. Materials and equipment submitted by 1.07 WORKING HOURS: the Contractor as the equivalent to those specifically named in the Contract 1. Working on this Contract shall be may be tested by the CITY for conducted during normal working hours compliance. The Contractor shall (7:00 AM to 5:00 PM) on weekdays. reimburse the CITY for the expenditures Unless otherwise authorized in writing incurred in making such tests of by the Project Manager, no work shall materials and equipment which are be performed on weekends, on City rejected for non-compliance. observed holidays or between 5 00 PM and 7:00 AM on weekdays. C. Certificate of Manufacture: 2. Construction observation and/or 1. Contractor shall furnish Consultant inspection services needed beyond authoritative evidence in the form of normal working hours as defined above Certificate of Manufacture that the shall be paid for by the Contractor at an materials to be used in the work have hourly rate of$100.00 for each inspector been manufactured and tested in providing such services. conformity with the Contract Documents upon Project completion. PART 2- PRODUCTS (NOT USED) 2. These certificates shall be notarized and PART 3- EXECUTION(NOT USED) shall include copies of the results of physical tests and chemical analyses, END OF SECTION where necessary, that have been made directly on the product or on similar Bid No.081-2821-21-WWTP Sodium Hypochlorite Tanks Replacement SCO1000-70 GENERAL REQUIREMENTS page I 98W -6 4 06 0 SECTION 01010-SUMMARY OF PROJECT PART 1 -GENERAL 1.04 CONTRACTOR'S USE OF SITE/PREMISES 1.01 WORK COVERED BY CONTRACT A. Contractor shall limit their use of the premises DOCUMENTS/REQUIREMENTS INCLUDED for Work and storage,to the areas designated. A. The work under this project consists of: B. Coordinate use of premise under direction of Boynton Beach Utilities is seeking the services CITY and/or Consultant. of a qualified Contractor to replace two existing Sodium Hypochlorite (SH) Tanks of C. Assume full responsibility for the protection about 17,000 gallon capacity each, built and safekeeping of Products under this according to the Laminate Sequences in Contract,stored on the site. specifications of the existing tank, with a wind load of at least 140 mph. The work includes D. Move any stored Products,under Contractor's the hauling and disposal of the existing SH control, which interfere with operations of the tanks,disposal of a third abandoned SH tank, CITY,other contractors or the general public. furnishing and installation of two new SH tank and reconnection of piping according to 1.05 SAFETY AND OSHA COMPLIANCE original drawing design and appurtenances, and provide as-built drawings (CAD) if anyA. A. The Contractor shall comply in all respects changes to the configuration. with all Federal, State and Local safety and health regulations. Copies of the Federal B. Omission of a specific item or component of a regulations may be obtained from the U.S. system obviously necessary for the proper Department of Labor, Occupation Safety and functioning of the equipment or system shall not Health Administration (OSHA), Washington, relieve the Contractor of the responsibility of DC 20210 or their regional offices. furnishing the item as part of the work at no additional expense to the Owner. B. B. The Contractor shall comply in all respects with the applicable Workman's Compensation C. Except as specifically noted elsewhere, Laws. Contractor(s)shall provide and pay for all labor, materials, equipment, tools, construction PART 2—PRODUCTS equipment and machinery, transportation, water, heat, utilities, and temporary facilities 2.1 All materials are to be MADE IN THE UNITED necessary for the proper execution and STATES OF AMERICA. Allowable exceptions are completion of work. ductile iron fittings supplied by American Cast Iron Pipe Company from Brazil, Sigma Corporation from D. Concurrent with the construction of the China, and Star-Pipe Products from the United asphalted parking lot and when shown on the States and China; and Electronic Marking System project construction drawings,the work includes (EMS)full-range makers by 3M from Mexico. re-grading, curb installation and all surface restoration. 2.2 SALVAGED MATERIALS E. Restoration shall immediately follow the In the absence of special provisions to the Contract, acceptance of required system testing and be salvaged materials, equipment or supplies that performed as required by Section 02960 occur are the property of the CITY and shall be RESTORATION OF SURFACE cleaned, stored and delivered to the CITY as IMPROVEMENTS. directed by the CITY's Project Manager. 1.02 RELATED REQUIREMENTS 2.3 CERTIFIED CHEMICALS A. Section SC01025: Measurement and The Contractor shall use U.S. Department of Payment Agriculture certified chemicals only during performance of all work under this contract. All B. Construction Facilities and Temporary chemicals used during project construction or Controls: Section SCO1500 furnished for project whether herbicide, pesticide, disinfectant, polymer, reactant or other C. Restoration of Surface Improvements:Section classification,must show approval of either EPA or SCO2960 USDA and be accompanied by an MSDS.Use of all such chemicals and disposal of residue shall be in 1.03 CONTRACTS strict conformance with manufacturer's instructions. A. Construct the Work in accordance with PART 3—EXECUTION Section SCO1025: Measurement and Payment Procedures. 3.1 CONTRACTOR SUPERVISION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1010-71 SUMMARY OF PROJECT Page 1988-ofl- 6 0 A. As required by the Contract Documents, the typical week taken off at the end of each Contractor's Project Representative year. (Superintendent) shall be on site at all times and actively engaged in controlling and 3.3 NPDES COMPLIANCE coordinating all on site project activities including direction and oversight of self- A. Prior to the commencement of work, the performed and subcontractor work activities. Contractor must obtain the permit coverage for stormwater discharge from large and small B. The Superintendent/Contractor's Project construction activities and must implement Representative shall have the full authority to appropriate pollution prevention techniques receive instructions to execute the orders or and SWPPP to minimize erosion and directions of the CITY and Consultant. sedimentation to properly manage the stormwater runoff. The Contractor shall 3.2 GENERAL prepare a NPDES Site Plan including sketches and Best Management Practice A. The Contractor shall, prior to entering any procedures for review and comment from the section, prepare Pre Construction video and Project Manager. The NPDES Site Plan shall digital photographs, in accordance with include the control of stormwater, ground Section 01390 VIDEO SITE SURVEY,of each water and subsurface water during dewatering property and Right-of-Way (ROW) areas to operations. determine existing site conditions. Together the video and photographs will provide the (DEP adopted Rule 62-621.300 (4), F.A.C., basis for the condition of restoration required with specific provisions for requesting permit in Section 02960 RESTORATION OF coverage for the management of stormwater SURFACE IMPROVEMENTS. discharge from large and small construction activities.) B. The Contractor shall notify all property owners / residents forty-eight (48) hours prior to B. The permit coverage for construction activities working in public Rights-of-Way or easements is to be obtained by submitting DEP form 62- affecting or adjoining their properties. 621.300 (4) (b) Notice of Intent (NOI)to Use Notification shall be by hand-delivered flyer Generic Permit for Stormwater Discharge from that shall contain the following information: Large and Small Construction Activities and by preparing and implementing a Stormwater 1. Project Name Pollution Prevention Plan (SWPPP). After construction is complete, Notice of 2. Date of Commencement Termination (NOT) to discontinue the permit coverage is to be submitted by utilizing form 3. Description of Work 62-621.300(6). 4. Name of Contractor C. For additional information contact NPDES Stormwater Section at: 5. Name of Contractor's Representative Florida Department of Environmental 6. Local Phone Number of Contractor's Protection Representative Tallahassee, FL 32399-2400 (850)921-9904 The CITY must approve the Contractor's notification prior to issuance. Contractor must 3.4 PROTECTION OR REMOVAL OF UTILITY LINES submit Contractor's Notification to CITY and CONSULTANT in writing within one (1)week A. Prior to construction the Contractor shall prior to working in public Right-Of-Ways locate for physical location, elevation and (ROW) or easements affecting for adjoining dimensions and adequately uncover existing property owner's property. utilities, (within the path of its proposed work), to determine possible conflicts. By starting C. The Contractor shall,prior to the removal underground constructions, the Contractor of any fences, erect temporary fences to has agreed that it is fully responsible for any secure the owner's property. These and all damages and/or delays that may arise temporary fences shall be of 4' high from not having adequately locating the woven wire (2" x 4" grid), on the T line underground utilities. This applies to post 10'on centers. These fences shall underground utilities that are shown on the run along the easement line and will project construction drawings and those that remain in place until the permanent fence have been physically marked in the field by the is re-erected. various locating organizations or agencies. D. The Contractor shall not start major B. Information provided on the plans may be construction activities, such as pipeline used as an approximate guide to assist the and structure excavations,or preparation Contractor, however,the Contractor shall rely for major activities, such as setting on actual field investigation to assure that all wellpoints and header pipe, just prior to of the existing utilities are accurately located extended holiday periods such as the prior to commencement of its work. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1010-72 SUMMARY OF PROJECT Page 1989 of 1 06 0 C. Existing structures reflect the best available E. Uncharted or incorrectly charted underground information, but it shall be the Contractor's utilities that are discovered during construction responsibility to acquaint itself with all shall be incorporated into the project As-Builts information and to avoid conflict with existing with vertical and horizontal coordinates. conditions.Contractor shall protect all existing utility lines that are to be retained,or utility line F. Prior to commencement of any excavation,the constructed during excavation operations, Contractor shall comply with Florida Statute from damage during excavation and 553.851 for the protection of underground gas backfilling; if damaged, repair at Contractor's lines and underground telecommunication expense. lines. D. Existing Utility Lines to be Retained: Contractor shall repair damaged lines that are not shown on drawings, or locations of which END OF SECTION are not known to Contractor in sufficient time to avoid further damage. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1010-73 SUMMARY OF PROJECT 1 so 06 0 SECTION 01025-MEASUREMENT AND PAYMENT PROCEDURES PART 1 GENERAL i.e., technical specifications or project construction drawings for which the method of 1.01 GENERAL payment is not explicitly defined are considered to be incidental costs and should A. The Contractor shall receive and accept the be included in other pay items as appropriate. compensation provided in the Bid and the Contract as full payment for furnishing all 1.04 RELATED SECTIONS: materials, labor, tools and equipment, for performing all operations necessary to A. Applications for Payments: Section complete the work under the Contract, and SCO1027 also in full payment for all loss or damages arising from the nature of the work, or from B. Shop Drawings, Working Drawings, and any discrepancy between the actual Samples—Section SC01340 quantities of work and quantities herein estimated by the CONSULTANT,or from the action of the elements or from any C. Schedule of Values: Section SC01370 unforeseen difficulties which may be encountered during the prosecution of the D. Change Order Procedures: Section work until the final acceptance by the CITY. SC01153 B. The prices stated in the Bid include all costs E. Field Engineering: Section SCO1050 and expenses for taxes, labor, equipment, materials, commissions, transportation F. Quality Requirements:Section SCO1400 charges and expenses, patent fees and royalties, labor for handling materials during G. Record Drawing Requirements — Section inspection, together with any and all other SCO1705 costs and expenses for performing and completing the work as shown on the Drawings and specified herein. The basis of H. Testing Specific Utility Systems payment for an item at the unit price shown in the proposal shall be in accordance with 1. Refer to Section 02513 POTABLE the description of that item in this Section. WATER AND RECLAIMED WATER DISTRIBUTION SYSTEMS and C. The Contractor's attention is again called to Section 02630 STORM DRAINAGE for the fact that the quotations for the various applicable and specific requirements. items of work are intended to establish a Contractor is responsible for all testing total price for completing the work in its costs associated with these systems. entirety. Should the Contractor feel that the cost for any item of work has not been 1.05 ALLOWANCES—N/A established by the Bid Form or Payment Items,he shall include the cost for that work in some other applicable bid item,so that his 1.06 SCHEDULE OF VALUES proposal for the project does reflect his total price for completing the work in its entirety. A. Submit Schedule of Values at the Pre- Construction Meeting. 1.02 MEASUREMENT B. The Schedule of Values shall be a computer A. The quantities for payment under this generated original. When the Contractor's Contract shall be determined by actual proposed Schedule of Values is accepted by measurement of the completed items, in the CITY, it shall become the basis for the place,ready for service and accepted by the Application for Payment. CITY, in accordance with the applicable C. Contractor shall only revise the accepted method of measurement therefore contained Schedule of Values to identify, as separate herein. line items approved on a Field Order or 1.03 AUTHORITY Change Order. The CITY may issue a Field Order substituting or modifying Schedule of A. Measurement methods delineated in the Value items. FDOT Standard Specifications for Road and 1.07 APPLICATIONS FOR PAYMENT Bridge Construction, latest Edition, or the individual specification sections complement A. Refer to Section SC01027 — the criteria of this section. In the event of APPLICATIONS FOR PAYMENT conflict,the Contractor shall notify the CITY in writing. In determining the resolution, the CITY shall consider the requirement of the B. Submit four (4) original Applications for individual specification section, FDOT Payment (AFP). After certification by the requirements and this Section. CONSULTANT, the CONSULTANT will retain one (1) copy, one (1) copy will be B. Any requirements of the Contract Documents, returned to the Contractor and three (3) Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1025-74 MEASUREMENT AND PAYMENT PROCEDURES Page 1991 of 1 06 0 copies will be forwarded to the CITY for Replacement of existing ROW irrigation shall review,authorization and processing. be incidental to the Unit Price of the pipeline. C. Content and Format: Utilize Schedule of Values for listing items in Application for 1.08 MEASUREMENT OF AND PAYMENT FOR Payment outlining the following: WORK 1. Provide a column for each of the following: A. Monthly Payments to the Contractor.The Contractor shall plan its work for a. Item Number construction on the basis of twelve (12) monthly pay periods per year.So long as the b. Item Description work is prosecuted in compliance with the provisions of the Contract, the Contractor C. Quantity will, on or about the last day of the pay period, make an approximate estimate, in writing on a form approved by the CITY of d. Unit of measurement the proportionate value of the work done, items, and locations of the work performed e. Scheduled Value up to and including the last day of the period then ending. The CONSULTANT will then f. Change Orders review such estimate and make the necessary recommendations to the g. Work Completed: Contractor for revision. The Contractor shall 1. Previous Period revise the Application for Payment and (Quantity and Value) resubmit to the CONSULTANT for review 2. This Period and Certification. Redlined Applications (Quantity and Value) for Payment will not be accepted by the CITY. If the Contractor and the h. To Date(Quantity and Value) CONSULTANT do not agree on the approximate estimate of the proportionate i. Percentage of Completion value of the work done for any pay period, the determination of the CONSULTANT j. Balance to Finish shall be binding. The amount of such estimate after deducting ten percent (10%) k.. Retainage and all previous payments,shall be due and payable to the Contractor in accordance with NOTE: There is no column for the Florida Prompt Payment Act, §218.70 "Materials Stored", the CITY does not Florida Statutes, as may be amended from pay for items ordered and/or stored on time to time. site. As defined later in this Section, payment for pay items are paid for once B. Substantiating Data: When the the item is installed,measured in place, CONSULTANT requires substantiating completed and accepted. information, Contractor shall submit data justifying quantities and dollar amounts in D. Include one(1)set of progress photographs question. Contractor shall provide three(3) with each Application for Payment. Refer to copies of data with cover letter for each copy the Contract Documents, specifically of submittal showing application number and Section SCO1380 CONSTRUCTION date, and line item by number and PHOTOGRAPHS for specific details and description. requirements. 1.09 MEASUREMENT AND PAYMENT - UNIT E. Application for Final Payment must be PRICES marked FINAL. Contractor must include in the FINAL AFP package, proof of payment A. Measurement methods delineated in and final settlement with the CITY with individual specification sections complement regards to any temporary and/or criteria of this section. In event of conflict, construction water meters used during the requirements of individual specification course of the project. section govern. F. When existing Right-Of-Way (ROW) B. Contractor shall take daily and weekly irrigation must be disturbed due to pipeline measurements and compute quantities. The installation,any existing irrigation lines shall Contractor shall review and sign these daily be marked on the Contractors drawings prior and weekly measurements with the to or at the time of temporary cutting-&- CONSULTANT. The CONSULTANT shall capping. The replacement of existing also sign-off on the weekly measurement irrigation in the Public Right-Of-Way as the sheets indicating the CONSULTANT's result of pipeline installation or swale progressive concurrence with the quantities. development is NOT a pay item. The Contractor shall transmit the signed-off weekly measurement sheets to the Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1025-75 MEASUREMENT AND PAYMENT PROCEDURES Page 1992 of 1 06 0 CONSULTANT. These measurement Measurement shall be along the horizontal sheets shall be used to form the basis of the axis at finished grade. quantities claimed on the Application For Payment. H. Stipulated Sum/Price Measurement: Items measured by weight,volume,area, or linear C. Unit Quantities means or combination, as appropriate, as a completed and accepted item or unit of the 1. Quantities indicated in the Schedule of Work. Bid Items are for bidding and contract purposes only. Quantities and I. Payment for Work does not indicate measurements supplied or placed in acceptance. Work items previously paid for the Work and verified by the Consultant may require additional work effort to bring and CITY determine payment. them into compliance with the requirements of the specific technical specifications and/or 2. If the actual Work requires more or project drawings. fewer quantities than those quantities indicated in the bid items, Contractor 1.11 UNIT OF MEASURE — SCHEDULE OF BID shall provide the required quantities at PRICES the unit sum/prices contracted. A. Payment for furnishing and installing those D. Payment Includes: Full compensation for items cited in the Schedule of Bid Items and required labor, products, tools, equipment, subsequent Schedule of Values is noted facilities, transportation, services and herein. If"remove and replace"is indicated incidentals; erection; application or on the project construction drawings (by installation of an item of the Work; and either annotation or line weight), then the overhead and profit. item descriptions below include the removal and proper disposal of the existing items. E. Final payment for Work governed by unit prices will be made on the basis of the actual General measurements and quantities accepted by the CONSULTANT and CITY, multiplied by B. Bonds&Insurance—Bid Item 1 the unit sum/price for Work, which is incorporated in or made necessary by the 1. Payment for the General Conditions shall Work. be made on the basis of percentage of the Lump Sum Price and shall be full 1.10 Measurement of Quantities: compensation for preparatory work and operations in mobilizing and demobilizing A. Weigh Scales: Inspected, tested and for the project including but not limited to, certified by the applicable State of Florida those operations necessary for the Weights and Measures department within movement of personnel, equipment, the past year. supplies and incidentals to and from the project site,for establishment of temporary B. Platform Scales: Of sufficient size and offices/field trailer, buildings, safety capacity to accommodate the conveying equipment,sanitary and other facilities and vehicle. compliance with permit conditions for permits secured by either the Owner or C. Metering Devices: Inspected, tested and Contractor. This pay item shall include all certified by the applicable State of Florida General Requirements not listed as Weights and Measures Department within separate items. The cost of bonds, the past year. required insurance, permits and any other pre-construction expense necessary for the D. Measurement by Weight: Concrete start of the work shall also be included in reinforcing steel rolled or formed steel or the General Conditions. other metal shapes will be measured by handbook weights. Welded assemblies will C. Indemnification—Bid Item 2 be measured by handbook or scale weight. E. Measurement by Volume: Measured by 1. Consideration for Indemnification — cubic dimension using mean length, width Payment under this item is in and height or thickness. accordance with the Front-End Contract Documents. F. Measurement by Area: Measured by square D. As-Built Record Drawings—Bid Item 3 dimension using mean length and width or radius. 1. Payment for Record Drawings shall be G. Linear Measurement: Measured by linear made at the Contract Lump Sum Price dimension, at the item centerline. Minor and shall be full compensation for offsets (less than a total of five (5)feet)will preparation and maintenance of the not be measured for payment. Record Drawings as specified in technical specification SC01705 RECORD Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1025-76 MEASUREMENT AND PAYMENT PROCEDURES page 199"1 06 0 DRAWINGS and the requirements of this 2. Payment issued as a lump sum upon Special Conditions. acceptance of the City. Work Site PART 2 PRODUCTS(NOT USED) E. Removal and Disposal of existing Sodium PART 3 EXECUTION(NOT USED) Hypochlorite Tank—Bid Item 4 END OF SECTION 1. Tanks Removal shall include all work necessary to remove the two existing sodium hypochlorite tank #1 & #2 including with its ladders and top railings, but not necessarily limited to: removal of all valves fittings and all appurtenances; equipment or machinery use for the removal of the tanks; clean-up, and hauling of the tanks to a disposal location approved by the City. 2. This item includes the disposal of a third abandoned sodium hypochlorite tank. 3. Payment shall be at the Contract lump sum price per removal and acceptance by City. F. Furnish and Install Sodium Hypochlorite Tank—Bid Item 5 1. Contractor shall furnish two Sodium Hypochlorite Tanks with capacity of about 17,000 gal each,wind load of 140mph and other specifications as shown in the drawings to match existing tanks configuration. Shipping and handling included. 2. Payment for installing new Sodium Hypochlorite Tanks, not limited to the installation of the valves,transmitters, and all other appurtenances as detailed in drawings to match existing configuration (prior replacement of tanks).Tanks,piping, fasteners, valves and other materials must meet AWWA standards for sodium hypochlorite storage for use in Drinking Water Treatment Plants. 3. This item includes the furnishing and installation of new ladders with cages and new top railing, replaced in kind. 4. This lump sum price shall also include all necessary labor, materials, and equipment for the installation of the tank, payment to be issued upon acceptance of the City. G. Testing and Operation and Maintenance Training—Bid Item 6 1. The lump sum price for this item includes the testing of the newly installed tank, training and manuals detailing the operation and maintenance of the tank. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1025-77 MEASUREMENT AND PAYMENT PROCEDURES 06 0 SECTION 01027-APPLICATIONS FOR PAYMENTS PART 1 -GENERAL signature of a responsible officer of Contract firm. 1.01 DESCRIPTION B. Continuation Sheets: A. Scope of Work: Submit Applications for Payment to the CONSULTANT in 1. Fill in total list of all scheduled accordance with schedule established by component items of work, with item Conditions of the Contract and Agreement number and scheduled dollar value between CITY and Contractor. for each item. B.Related requirements described elsewhere: 2. Fill in dollar value in each column for each scheduled line item 1. Agreement: when work has been performed. Round off values to 2. Application for Payment Form. nearest dollar, or as specified for Schedule of Values. 3. Progress Schedules: Section SC01310. 3. List each Change Order executed prior to date of submission, 4. Schedule of Values: Section at the end of the continuation sheets. SCO1370 List by Change Order Number, and description, as for an original 5. Construction Photographs: component item of work. Section SC01380. 4. As provided for in the "Application for Payment" form, the 6. Contract Closeout: Section Contractor shall certify, for each SC01700. current pay request,that all previous progress payments received from 7. Project Record Documents: the CITY,under this Contract, have Section SC01720. been applied by the Contractor to discharge in full all obligations of 1.02 FORMAT REQUIRED the Contractor in connection with Work covered by prior Applications A. Submit applications typed on form for Payment, and all materials and acceptable to CITY, Documents equipment incorporated into the (Application for Payment Form),with Work are free and clear of all liens, itemized data typed on 8-1/2 inch x 11 claims, security interest and inch or 8-1/2 inch x 14- inch white paper encumbrances. Contractor shall continuation sheets. attach to each Application for Payment like affidavits by all 1.03 PREPARATION OF APPLICATION subcontractors. FOR EACH PROGRESS PAYMENT 1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. Application Form: A. Contractor shall submit suitable information, 1. Fill in required information, with a cover letter identifying: including that for Change Orders executed prior to date of submittal 1. Project. of application. 2. Application number and date. 3. Detailed list of enclosures. 2. Fill in percent complete for each activity and dollar value to agree with respective percents. 3. Execute certification with Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1027-78 APPLICATIONS FOR PAYMENTS Page 1995 'IF i 6 0 B. Submit one (1) copy of data and cover to the CITY or CONSULTANT an invoice letter for each copy of application. in accordance with the estimate as approved. CITY will pay Contractor, in C. The Contractor is to maintain an updated accordance with Florida Prompt set of drawings to be used as record Payment Act,§218.70, Florida Statutes, drawings in accordance with Section as may be amended from time to time. SCO1720: Project Record Documents. As a prerequisite for monthly progress C. Each Application For Payment shall be payments,the Contractor is to submit the accompanied by an updated project updated record drawings for review by the schedule (three-week ahead schedule) CITY and the CONSULTANT. along with the Construction/Progress photographs and Project Record D. Each monthly application for payment Drawings in accordance with Section shall incorporate the corresponding SCO1720: PROJECT RECORD "monthly progress status report"prepared DOCUMENTS and SC01380: per the requirements of Section CONSTRUCTION PHOTOGRAPHS or SCO1310: Progress Schedules. as directed by the CITY. Any Application For Payment that is E. Contractor shall submit a duly executed received without these items will be letter from surety consenting to payment returned to the Contractor without review. due and progress to date. D. The Contractor shall prepare a schedule of values by phases of work to show a F. Provide construction photographs in breakdown of the Contract Sum accordance with Section SCO1380: corresponding to the payment request Construction Photographs. breakdown and progress schedule line items. The schedule of values must also 1.05 PROGRESS PAYMENT PROCEDURES show dollar value for each unit of work scheduled. Approved Change Order A. The Contractor will prepare and submit items shall be added as separate line one(1)original monthly invoices for work items. completed during the one-month period. Application For Payment shall be E. Prior to initial payment request, the submitted in the format of the sample form Contractor shall submit the following provided by the CITY. All information documents to the CITY and Consultant must be completed for the pay application for their review and approval: to be accepted. CITY's purchase order number for the project must be placed on 1. List of principle subcontractors and each application. The Application for suppliers. Payment must be submitted at least three (3) days in advance in an electronic 2. Schedule of values. format for review by the CITY and CONSULTANT for approval. Redlined Applications for Payment will not be 3. Shop drawing log. accepted by the CITY. 4. Project schedule. B. If the Application for Payment and support 1.06 PREPARATION OF APPLICATION FOR data are not approved,the Contractor is required to submit new, revised or FINAL PAYMENT missing information according to the CONSULTANT's instructions. A. Fill in Application form as specified for Otherwise, the Contractor shall prepare progress payments. Provide information and submit as required by the General Conditions and Section SCO1700: Contract Closeout. B. Furnish evidence of completed Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1027-79 APPLICATIONS FOR PAYMENTS Page 6 operations insurance in accordance with tools and similar items. the General Conditions. END OF SECTION C. Provide Final Release of Lien and other closeout submittals as required by the General Conditions. 1.07 SUBMITTAL PROCEDURES A. Submit Applications for Payment to the CITY at the time stipulated in the Agreement. Review the percents complete with the CONSULTANT and resolve any conflicts or discrepancies. B. Number of copies for each Final Application for Payment: 1. CITY: One(1)copy. 2. CONSULTANT: One(1)copy C. When the CONSULTANT finds Application properly completed and correct, it will transmit the certificate for payment to the CITY, with copy for the Contractor. PART 2 - PRODUCTS (NOT USED) PART 3-EXECUTION 3.01 Upon receipt by CITY of Contractor's written Notice of Final Completion of its work under this Contract, CITY shall verify all work has been completed on the project. When all work has been verified as complete, and the Contractor submits the items listed below, the Contractor may submit a final Application For Payment: A. Complete work listed as incomplete at the time of Substantial Completion and obtain CONSULTANT certification of completed Work. B. Provide copy of records indicating notification to all subcontractors and material suppliers of Contractor's Performance and Payment Bonds. C. Transfer operational, access,security and similar provisions to CITY; remove temporary facilities, Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1027-80 APPLICATIONS FOR PAYMENTS Page 199:7 OF 1 6 0 SECTION 01041 -PROJECT COORDINATION PART I—GENERAL approvals: 1.01 REQUIREMENTS INCLUDED a. Verify that Contractor and subcontractors have obtained A. The Contractor shall: inspections for Work and for temporary facilities. 1. Coordinate work of its employees and subcontractors. 5. Control the use of Site: 2. Expedite its work to assure a. Allocate space for Contractor's use compliance with schedules. for field offices, sheds, and work and storage areas. 3. Coordinate its work with that of work by CITY. 6. Inspection and Testing: 4. Comply with orders and instructions a. Inspect work to assure performance of CITY. in accord with requirements of Contract Documents. 1.02 RELATED REQUIREMENTS b. Administer special testing and A. Section SC01010: Summary of Project. inspections of suspect Work. B. Section SCO1027: Applications for C. Reject Work, which does not Payment. comply with requirements of Contract Documents. C. Section SCO1200: Project Meetings. d. Coordinate Testing Laboratory D. Section SC01310: Progress Schedules. Services: E. Section SCO1340: Shop Drawings,Work 1. Verify that required laboratory Drawings and Samples. personnel are present. F. Section SC01500:Construction Facilities 2. Verify that tests are made in and Temporary Controls. accordance with specified standards. G. Section SC01700: Contract Closeout. 3. Review test reports for 1.03 CONSTRUCTION ORGANIZATION & compliance with specified START-UP criteria. A. CONSULTANT shall establish on-site 4. Recommend and administer lines of authority and communications: any required re-testing. 1. Schedule and conduct pre- 1.04 CONTRACTOR'S DUTIES construction meeting and progress meetings as specified in Section A. Construction Schedules: SCO1200: PROJECT MEETINGS. 1. Prepare a detailed schedule of 2. Establish procedure for: basic operations. a. Submittals 2. Monitor schedules as work progresses: b. Reports and records a. Identify potential variances between C. Recommendations scheduled and probable completion dates for each phase. d. Coordination of drawings b. Recommend to CITY adjustments e. Schedules in schedule to meet required completion dates. f. Resolution of conflicts C. Document changes in schedule; 3. Interpret Contract Documents: submit to CITY and to involved subcontractors. a. Transmit written interpretations to Contractor, 3. Observe work of each and to other concerned subcontractor to monitor parties. compliance with schedule. 4. Assist in Obtaining permits and a. Verify that labor and equipment Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1041-81 PROJECT COORDINATION Page 1998 of 1 06 0 are adequate for the work and 3. Maintain file of record documents. the schedule. 1.05 CONTRACTOR'S CLOSE-OUT DUTIES b. Verify that product procurement schedules are A. Mechanical and Electrical equipment adequate. start-up: c. Verify that product deliveries 1. Coordinate checkout of utilities, are adequate to maintain operational systems and schedule. equipment. d. Report noncompliance to 2. Organize initial start-up and testing. CITY, with recommendation for changes. 3. Record dates of start of operation of systems and equipment. B. Process Shop Drawings, Product Data and Samples: 4. Submit to CITY written notice of beginning of warranty period for 1. Prior to submittal to CITY,review for equipment put into service. compliance with Contract Documents: B. At completion of Work, conduct an inspection to assure that: a. Field dimensions and clearance dimensions. 1. Specified cleaning has been accomplished. b. Relation to available space. 2. Temporary facilities have been C. Effect of any changes on the removed from site. work of any subcontractor. C. Substantial Completion: A. Review Drawings prepared by Mechanical and Electrical 1. Conduct an inspection to develop a subcontractors: list of Work to be completed or corrected. 1. Prior to submittal to CITY,review for compliance with Contract 2. Assist CITY in inspection. Documents: 3. Supervise correction and B. Prepare Coordination Drawings as completion of work of required to resolve conflicts and to subcontractors. assure coordination of the work of, or affected by, mechanical and electrical 1.06 CITY'S CLOSE-OUT DUTIES trades, or by special equipment requirements. A. Final Completion: 1. Submit to CITY. 1. When Contractor determines that work is finally complete,conduct an 2. Reproduce and distribute copies to inspection to verify completion of concerned parties after CITY Work. review. B. Administration of Contract closeout: C. Maintain reports and records at job site, available to CITY. 1. Receive and review Contractor's final submittals. 1. Daily log of progress of work. 2. Transmit to CITY with 2. Records. recommendations for action. a. Contracts. PART 2—PRODUCTS(NOT USED) b. Purchase orders. PART 3—EXECUTION(NOT USED) C. Materials and equipment END OF SECTION records. d. Applicable handbooks, codes and standards. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1041-82 PROJECT COORDINATION Page 1999 of i 06 0 SECTION 01050-FIELD ENGINEERING PART 1 -GENERAL 1. Make no changes or relocations without prior written notice to the 1.01 DESCRIPTION CITY. A. Scope of Work: Contractor to provide 2. Report to the CITY when any Field Engineering service for the Project. reference point is lost or destroyed, or requires relocation because of 1. Survey work required in execution necessary changes in grades or of Project. locations. 2. The method of field staking for the 3. Require surveyor to replace Project construction of the Work shall be at control points which may be lost or the option of the Contractor. The destroyed at no additional cost to CITY has provided the engineering the CITY. Establish replacement surveys, if available, necessary to based on original survey control. establish reference points which in the CITY's judgment are necessary 1.04 PROJECT SURVEY REQUIREMENTS to enable the Contractor to proceed with its work. A. Establish a minimum of two (2) permanent benchmarks each on site. 3. The accuracy of any method of staking shall be the responsibility of 1. Record locations, with horizontal the Contractor. All engineering for and vertical data,on Project Record vertical and horizontal control shall Documents. be the responsibility of the Contractor. B. Establish lines and levels, locate and lay out, by instrumentation and similar 4. The Contractor shall be held appropriate means. responsible for the preservation of all stakes and marks. If any stakes C. From time to time,verify layouts by same or marks are carelessly or willfully methods. disturbed by the Contractor, the Contractor shall not proceed with 1.05 RECORDS any work until it has established such points, marks, lines and A. Maintain a complete, accurate log of all elevations as may be necessary for control and survey work as it progresses. the prosecution of the Work. B. At the end of the project, submit a 5. The Contractor shall retain the certified site survey at 1-inch equals 20 services of a registered land feet scale on 24 inches by 36 inches surveyor licensed in the State of sheet, and per Section SCO1720 — Florida to identify existing control Project Record Documents. points and maintain a survey during construction. 1.06 SUBMITTALS B. Related Requirements Described A. Submit name and address of surveyor to Elsewhere: the CITY. 1. Summary of Work: Section B. On request of the CITY, submit SC01010. documentation to verify accuracy of Field Engineering work. 2. Project Record Documents:Section SC01720. C. Submit certificate signed by a registered surveyor certifying that elevations are in 1.02 QUALIFICATIONS OF SURVEYOR conformance with the Contract Documents, or if not in conformance, A. Qualified registered land surveyor, certify as to variances from the Contract acceptable to the CITY. Documents. 1.03 SURVEY REFERENCE POINTS PART 2—PRODUCTS (NOT USED) A. Locate and protect control points prior to PART 3—EXECUTION (NOT USED) starting site work, and preserve all permanent reference points during END OF SECTION construction. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1050-83 FIELD ENGINEERING Page 1488 v5f 1 J-06 0 SECTION 01065-PERMITS AND FEES PART 1 —GENERAL A. The Contractor shall obtain all permits and licenses related to its work,including but not limited to, the necessary construction permits. Cost of permit fees shall be paid by Contractor. CITY to be invoiced at actual cost without markup. PART 2—PRODUCTS(NOT USED) PART 3—EXECUTION 3.01 NPDES COMPLIANCE A. In addition to other required field permitting, prior to the commencement of work,the Contractor must obtain the permit coverage for stormwater discharge from large and small construction activities and must implement appropriate pollution prevention techniques and SWPPP to minimize erosion and sedimentation to properly manage the stormwater runoff. The Contractor shall prepare a NPDES Site Plan including sketches and Best Management Practice procedures for review and comment from the Project Manager. The NPDES Site Plan shall include the control of stormwater, ground water and subsurface water during dewatering operations. (DEP adopted Rule 62-621.300 (4), F.A.C., with specific provisions for requesting permit coverage for the management of stormwater discharge from large and small construction activities.) B. The permit coverage for construction activities is to be obtained by submitting DEP form 62-621.300 (4) (b) Notice of Intent (NOI) to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities and by preparing and implementing a Stormwater Pollution Prevention Plan (SWPPP). After construction is complete, Notice of Termination (NOT) to discontinue the permit coverage is to be submitted by utilizing form 62-621.300(6). C. For additional information contact NPDES Stormwater Section at: Florida Department of Environmental Protection Tallahassee, FL 32399-2400 (850)921-9904 END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1065-84 PERMITS AND FEES Page 1481 of 1 06 0 SECTION 01070-ABBREVIATIONS AND SYMBOLS PART 1 -GENERAL Al The Asphalt Institute AIA American Institute of 1.01 STANDARDS AND ABBREVIATIONS Architects AIA American Insurance A. Referenced Standards: Any reference to Association published specifications or standards of AIEE American Institute of any organization or association shall Electrical Engineers (Now comply with the requirements of the IEEE) specification or standard which is current AIMA Acoustical and Insulating on the date of Advertisement for Bids. In Materials Association case of a conflict between the referenced AISC American Institute of Steel specifications or standards, the one Construction having the more stringent requirements AISI American Iron and Steel shall govern. Institute AITC American Institute of Timber B. In case of conflict between the Construction referenced specifications or standards AMCA Air Moving and Condition and the Contract Documents, the Association Contract Documents shall govern. ANSI American National Standard Institute C. Abbreviations: APA American Plywood Association AA Aluminum Association API American Petroleum AAA American Arbitration Institute Association APWA American Public Works AABC Associated Air Balance Association Council AREA American Railway AAMA Architectural Aluminum Engineering Association Manufacturers Assoc. ARI American Refrigeration AASHO The American Association Institute of State Highway Officials ASA American Standards ABA American Bar Association Association(Now ANSI) ABMA American Boiler ASAHC American Society of Manufacturers Association Architectural Hardware ABPA Acoustical and Board Consultants Products Association ASCE American Society of Civil ACI American Concrete Institute Engineers ACPA American Concrete Pipe ASHRAE American Society of Heating, Association Refrigerating and Air AEIC Association of Edison Conditioning Engineers Illuminating Companies ASME American Society of AFBMA Anti-Friction Bearing Mechanical Engineers Manufacturers Assoc. ASSCBC American Standard Safety AGA American Gas Association Code for Building AGC Associated General Construction Contractors of America ASSHTO American Association of State AGMA American Gear Highway Transportation Manufacturers Association Officials AHA American Hardboard ASTM American Society for Association Testing and Materials Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1070-85 ABBREVIATIONS AND SYMBOLS 06 AWG American Wire Gauge HSBII Hartford Steam Boiler AWI Architectural Woodwork Inspection and Insurance Institute Co. AWPA American Wood Preservers ID Inside Diameter Association IEEE Institute of Electrical and AWPB American Wood Preservers Electronic Engineers Bureau IFI Industrial Fasteners AWPI American Wood Preserves Institute Institute IPCEA Insulated Power Cable AWS American Welding Society Engineers Association AWWA American IPS Iron Pipe Size Water Works Association LWDD Lake Worth Drainage BHMA Builders Hardware District Manufacturers Association MF Factory Mutual System BIA Brick Institute of America MGD Million Gallons Per Day (formerly SCPI) MHI Materials Handling Institute CDA Copper MIL Military Specification Development Association MMA Monorail Manufacturers CFS Cubic Feet Per Second Association CMAA Crane Manufacturers NBFU National Board of Fire Association of America Underwriters CRSI Concrete Reinforcing Steel NBHA National Builders'Hardware Institute Association CS Commercial Standard NBS National Bureau of DHI Door and Hardware Institute Standards DIPRA Ductile Iron Pipe NCSA National Crushed Stone Association Association DOT Spec-Standard NCSPA National Corrugated Steel Specification for Road and Pipe Association Bridge Construction Florida NEC National Electrical Code Department of NECA National Electrical Transportation, 1982 Contractors'Association E/A Engineer and/or Architect NEMA National Electrical EDA Economic Development Manufacturers'Association Association NFPA National Fire Protection EEI Edison Electric Institute Association EPA Environmental Protection NLA National Lime Association Agency NPC National Plumbing Code FCI Fluid Control Institute NPDES National Pollutant FDER Florida Department of Discharge Elimination Environmental Regulation System FDOT Florida Department of NPT National Pipe Threads Transportation NSC National Safety Council FEC Florida East-Coast Railway NSF National Sanitation Fed Spec Federal Foundation Specification OD Outside Diameter FPL Florida Power and Light OSHA U.S. Department of Labor, FPS Feet Per Second Occupational Safety and FS Federal Standards Health Administration GA Gypsum Association PCA Portland Cement GPM Gallons Per Minute Association HMI Hoist Manufacturers PCI Prestressed Concrete Institute Institute HP Horsepower PS United States Products Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1070-86 ABBREVIATIONS AND SYMBOLS Page 1489 of 1 06 Standards PSI Pounds per Square Inch PSIA Pounds per Square Inch Atmosphere PSIG Pounds Per Square Inch Gauge RPM Revolutions Per Minute SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractors' National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station(100 feet) TAS Technical Aid Series TCA Tile Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories, Inc. USACE United States Army Corps of Engineers USASI United States of American Standards Institute C. Additional abbreviations and symbols are shown on the Drawings. PART 2—PRODUCTS(NOT USED) PART 3—EXECUTION (NOT USED) END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1070-87 ABBREVIATIONS AND SYMBOLS Page 1484 %5F 06 0 SECTION 01091 -REFERENCE SPECIFICATIONS PART 1 -GENERAL C. In case of conflict between codes, reference standards, drawings, and the 1.01 GENERAL other Contract Documents, the most stringent requirements shall govern. All A. Applicable Publications. Whenever in these conflicts shall be brought to the attention Specifications references are made to of the CITY for clarification and directions published specifications,codes,standards,or prior to ordering or providing any other requirements,it shall be understood that materials or labor. The Contractor shall wherever no date is specified, only the latest bid the most stringent requirements. specifications, standards, or requirements of the respective issuing agencies which have D. Applicable Standard Specifications. The been published as of the date that the Work is Contractor shall construct the Work advertised for bids, shall apply; except to the specified herein in accordance with the extent that such standards or requirements requirements of the Contract Documents may be in conflict with applicable federal,state and the referenced portions of those and local laws, ordinances, or governing referenced codes, standards, and codes. No requirements set forth herein or Specifications listed. shown on the Drawings shall be waived because of any provision of or omission from PART 2-PRODUCTS(NOT USED) such standards or requirements. PART 3-EXECUTION(NOT USED) B. Assignment of Specialists. In certain instances,the Specifications require(or imply) END OF SECTION that specific Work is to be assigned to specialist or expert entities who must be engaged for the performance of the Work. Such assignments shall be recognized as special requirements over which the Contractor has no choice or option. These requirements shall not be interpreted so as to conflict with the enforcement of building codes and similar regulations governing the Work. These requirements are not intended to interfere with local union jurisdiction settlements and similar conventions. Such assignments are intended to establish which party or entity involved in a specific unit of Work is recognized as "expert' for the indicated construction processes or operations. Nevertheless, the final responsibility for fulfillment of the entire set of contract requirements remains with the Contractor. 1.02 REFERENCE SPECIFICATIONS, CODES AND STANDARDS A. Without limiting the generality of other requirements of the Specifications, all Work specified herein shall conform to,or exceed, the requirements of such documents and are not in conflict with the requirements of these Specifications or applicable codes. B. References herein to 'Building Code" shall mean the Florida Building Code, or the approved building code which replaces it. The latest edition of the code as adopted by the CITY as of the date of award as adopted by the Local Public Agency having jurisdiction shall apply to the Work herein, including all addenda, modifications, amendments, or other lawful changes thereto. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1091-88 REFERENCE SPECIFICATIONS 06 0 SECTION 01100-SPECIAL PROJECT PROCEDURES PART 1 -GENERAL A. The Contractor shall keep its haul route and work area(s) neat and clean, and 1.01 PUBLIC NUISANCE shall bear all responsibility for the cleanup of any spill which occurs during A. The Contractor shall not create a public the transport of material to be disposed nuisance including, but not limited to, of. The Contractor shall immediately encroachment on adjacent lands, flooding clean up any such spill or waste. If the of adjacent lands,or excessive noise. Contractor fails to clean up such spill, or waster immediately,the CITY shall have B. Sound levels measured by the City shall not the right to clean up or arrange for its exceed 50 dBA from 7 P.M.to 7 A.M.or 60 clean up and charge to the Contractor all dBA 7 A.M.to 7 P.M. This sound level shall costs, including engineering, be measured at the exterior of the nearest administrative costs and overhead, exterior wall of the nearest residence. incurred by the CITY in connection with Levels at the equipment shall not exceed such cleanup. The CITY may also 85 dBA at anytime. Sound levels in excess charge to the Contractor any cost of these values are sufficient cause to have incurred or penalties imposed on the the work halted until equipment can be CITY as a result of any spill, dump or quieted to these levels. Work stoppage by discard. Under no circumstances is this the City of Owner for excessive noise shall material to be discharged into the not relieve the Contractor of the other waterways or any place other than where portions of this Specification including, but authorized to do so by the appropriate not limited to, completion dates and bid authority. The term"Contractor"as used amounts. in this section shall include the Contractor's Subcontractors and other C. Construct all work to prevent run-off from Contractors. flowing off site. B. The general requirements for vehicles D. No extra charge may be made for time lost hauling such waste materials are as due to work stoppage resulting from the follows: Transport vehicle must be of creation of a public nuisance. type(s) approved for this application by the State of Florida. Vehicles must be E. The Contractor shall notify all property loaded within legal weight limits and owners/residents, forty-eight (48) hours operated safely within all traffic and prior to working in public rights-of-ways or speed regulations. easements affecting or adjoining their properties. Notification shall be hand- C. The routes used by the Contractor for the delivered flyer that shall contain the conveyance of this material on a regular following information: basis shall be subject to approval by the governing authority having jurisdiction 1. Project Name over such routes. To the extent possible, the use of residential streets shall be 2. Date of Commencement prohibited. 3. Description of Work D. Provide protection for plans designated to remain. Replace damaged plants. 4. Name of Contractor E. Provide barriers to prevent unauthorized 5. Name of Contractor's Representative entry to site and to protect existing facilities and adjacent properties from 6. Local phone number of Contractor's damage. Representative. F. Provide flag person(s) and necessary The CITY shall approve the Contractor's traffic control devices when trucks or notification prior to issuance of flyer to the construction equipment is entering or public. Contractor must submit Contractor's leaving the site. Notification to CITY in writing within one(1) week prior to working in public Right-of- PART 2—PRODUCTS (NOT USED) Ways (ROW) or easements affecting or adjoining property owner's property. PART 3—EXECUTION (NOT USED) 1.02 HAULING AND CONSTRUCTION OPERATIONS END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SC01100-89 SPECIAL PROJECT PROCEDURES Page 1486 of 1 06 0 SECTION 01110-ENVIRONMENTAL PROTECTION PROCEDURES PART 1 GENERAL provisions or of any environmentally objectionable acts and corrective action 1.1 SCOPE OF WORK to be taken. State or local agencies responsible for verification of certain A. The work covered by this Section aspects of the environmental protection consists of furnishing all labor, materials requirements shall notify the Contractor and equipment and performing all work in writing, through the CITY or required for the prevention of CONSULTANT, of any non-compliance environmental pollution in conformance with State or local requirements. The with applicable federal, state and local Contractor shall, after receipt of such laws and regulations, during and as the notice from the CITY or Consultant or result of construction operations under from the regulatory agency through the this Contract. For the purpose of this CITY and/or CONSULTANT, Specification, environmental pollution is immediately take corrective action. Such defined as the presence of chemical, notice, when delivered to the Contractor physical,or biological elements or agents or their authorized representative at the which adversely affect human health or site of the work, shall be deemed welfare; unfavorably alter ecological sufficient for the purpose. If the balances; adversely affect plants or Contractor fails or refuses to comply animals; or degrade the utility of the promptly, the CITY may issue an order environment for aesthetic and/or stopping all or part of the work until recreational purposes. satisfactory corrective action has been taken. No part of the time lost due to any B. The control of environmental pollution such stop orders shall be made the requires consideration of air, water and subject of a claim for extension of time or land,and involves management of noise for excess costs or damages by the and solid waste, as well as other Contractor unless it is later determined pollutants. that the Contractor was in compliance. C. The Contractor shall schedule and 1.04 IMPLEMENTATION conduct all work in a manner that will minimize the erosion of soils in the area A. Prior to commencement of the Work,the of the work. Provide erosion control CONTRACTOR shall meet with the CITY measures required to prevent silting, to develop mutual understandings muddying, or pollution of wetlands, relative to compliance with this provision streams, rivers, impoundments, lakes, and administration of the environmental stormwater ponds, etc. All erosion pollution control program. control measures shall be in place in an area prior to any construction activity in B. The Contractor shall remove temporary that area and shall be maintained environmental control features, when throughout construction. Specific approved by the CITY or CONSULTANT, requirements for erosion and and incorporate permanent control sedimentation controls are specified in features into the project at the earliest Section 02270. The Contractor will be practicable time. required to meet all the conditions specified in the permits and in the PART 2-PRODUCTS(NOT USED) Specifications. PART 3-EXECUTION D. All specific conditions attached to existing permits for this site shall be 3.1 EROSION CONTROL included in the sedimentation and erosion control measures. A. The Contractor shall provide positive means of erosion control such as shallow 1.2 APPLICABLE REGULATIONS run on and run off ditches around construction to carry off surface water. A. The Contractor shall comply with all Erosion control measures, such as applicable Federal, State and local laws siltation basins, hay check dams, and regulations and applicable permits mulching, jute netting and other and their specific conditions concerning equivalent techniques, shall be used as environmental pollution control and appropriate. Flow of surface water into abatement. excavated areas shall be prevented. Ditches around construction area shall 1.3 NOTIFICATIONS also be used to carry away water resulting from dewatering of excavated A. The CITY and/or CONSULTANT will areas. If dewatering is necessary and notify the Contractor in writing of any exceeds SFWMD thresholds, a non-compliance with the foregoing dewatering plan must be prepared by a Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1110-90 ENVIRONMENTAL PROTECTION PROCEDURES Page 148:7 of 1 06 0 certified Registered Professional destroy trees or shrubs, nor remove or Engineer in the State of Florida and cut them without prior approval from the submitted to the CITY; then submitted CITY. No ropes,cables,or guys shall be and approved by the South Florida Water fastened to or attached to any existing Management District prior to the nearby trees for anchorage unless commencement of work requiring specifically authorized by the CITY. dewatering. Contractor must comply with Where such special emergency use is permits. However, no water from permitted, first wrap the trunk with a dewatering activities may be discharged sufficient thickness of burlap or rags over offsite. At the completion of the Work, which softwood cleats shall be tied ditches shall be backfilled and the ground before any rope,cable,or wire is placed. surface restored to original condition. The Contractor shall in any event be responsible for any damage resulting 3.2 PROTECTION OF STREAMS AND CANALS from such use. A. Care shall be taken by Contractor to C. Where trees may possibly be defaced, prevent, or reduce to a minimum, any bruised, injured, or otherwise damaged damage to any ditch or the stormwater by the Contractor's equipment, dumping outfall canal, from pollution by debris, or other operations,protect such trees by sediment or other material, or from the placing barricades around them. manipulation of equipment and/or Monuments and markers shall be materials in or near such ditches. Water protected similarly before beginning that has been used for washing or operations near them. processing, or that contains oils or sediments that will reduce the quality of D. Any trees or other landscape feature the water in the ditch,shall not be directly scarred or damaged by the Contractor's returned to the ditch. Such waters will be equipment or operations shall be diverted through a settling basin or filter restored as nearly as possible to its approved by the CITY or CONSULTANT original condition. and meet required standards before being directed into the ditches and other All trimming or pruning shall be water bodies. performed in an approved manner by experienced workmen with saws or B. The Contractor shall not discharge water pruning shears. Tree trimming with axes from dewatering operations directly into will not be permitted. any live or intermittent stream, channel, wetlands, surface water or any storm Climbing ropes shall be used where sewer. Water from dewatering necessary for safety. Trees that are to operations shall be treated by filtration, remain, either within or outside settling basins, or other approved established clearing limits, that are method to reduce the amount of subsequently damaged by the sediment contained in the water to Contractor and are beyond saving as allowable levels. determined by the CITY and/or CONSULTANT shall be immediately C. All preventative measures shall be taken removed and replaced. by Contractor to avoid spillage of petroleum products and other pollutants. E. The locations of the Contractor's storage, In the event of any spillage, prompt and other construction structures remedial action shall be taken in required temporarily in the performance accordance with a contingency action of the Work, shall be cleared as shown plan approved by the Florida Department on the Drawings. Drawings showing of Environmental Protection. Contractor storage facilities shall be submitted for shall submit two (2) copies of approved approval of the CITY. contingency plans to the CITY . F. If the Contractor proposes to construct 3.3 PROTECTION OF LAND RESOURCES temporary roads or embankments and excavations for work areas, it shall A. Land resources within the project submit the following for approval at least boundaries and outside the limits of thirty(30)days prior to scheduled start of permanent work shall be restored to a such temporary work. condition, after completion of construction that will appear to be natural 1. A layout of all temporary roads, and not detract from the appearance of excavations and embankments to the project. Contractor shall confine all be constructed within the work area. construction activities to areas shown on the Drawings. 2. Details of temporary road construction. B. Outside of areas requiring earthwork for the construction of the new facilities,the 3. Drawings and cross sections of Contractor shall not deface, injure, or proposed embankments and their Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SC01110-91 ENVIRONMENTAL PROTECTION PROCEDURES Page 1488 of 1 06 foundations, including a description of proposed materials. G. The Contractor shall remove all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess of waste materials, or any other vestiges of construction as directed by the CITY. The disturbed areas shall be prepared and seeded as described in Section 02924 SEED, MULCH and FERTILIZER, or as approved by the CITY. H. All debris and excess material will be disposed of in approved areas as noted on the Drawings. 3.4 PROTECTION OF AIR QUALITY A. Burning. No open fires or burning will be permitted. If need dictates burning of any kind, Contractor must obtain prior approval of CITY and obtain appropriate permits from the state and local government agencies. B. Dust Control. The Contractor will be required to maintain all excavations, embankment, stockpiles, access roads, waste areas, borrow areas, and all other work areas within or without the project boundaries free from dust which could cause the standards for air pollution to be exceeded, and which would cause a hazard or nuisance to others. C. An approved method of stabilization consisting of sprinkling or other similar methods will be required to control dust. The use of petroleum products is prohibited. D. Sprinkling, to be approved, must be repeated at such intervals as to keep all parts of the disturbed area at least damp at all times, and the Contractor must have sufficient competent equipment on the job to accomplish this if sprinkling is used. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard occurs, as determined by the CITY and/or CONSULTANT. 3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES DURING CONSTRUCTION A. During the life of this Contract, the Contractor shall maintain all facilities constructed for pollution control as long as the operations creating the particular pollutant are being carried out or until the material concerned has become stabilized to the extent that pollution is no longer being created. END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1110-92 ENVIRONMENTAL PROTECTION PROCEDURES Page 1489 of 1 06 0 SECTION 01153-CHANGE ORDER PROCEDURES PART 1 —GENERAL E. Section SCO1027: Applications for Payments. 1.01 SCOPE: F. Section SCO1310: Progress A. The CITY, without invalidating the Schedules. Contract, may make adjustments to bid item quantities by adding to or deducting G. Section SCO1370: Schedule of from the quantities on the Schedule of Bid Values. Items, as the Work progresses. These adjustments shall be in accordance with H. Section SCO1630: Substitutions and the unit or line item price set forth on the Schedule of Bid Items and are tracked as Product Options. Work progresses, and approved on the monthly Application for Payment form. I. Section SCO1700: Contract Closeout. 1.02 REQUIREMENTS INCLUDED 1.04 DEFINITIONS A. Promptly implement Change Order procedures. A. Change Order: See General Conditions. 1. Provide full written data required to evaluate change. B. Construction Change Authorization: A written order to the Contractor,signed by 2. Maintain detailed records of work CITY, which amends the Contract done on a time and material/force Documents as described, and authorizes account basis. Contractor to proceed with a change that affects the Contract Sum or the Contract 3. Provide full documentation to Time, for inclusion in a subsequent CITY on request. Change Order. C. Field Order: A written order,instructions, B. Designate in writing the member of or interpretations,signed by CITY making Contractor's organization. minor changes in the Work not involving a change in Contract Sum or Contract 1. Who is authorized to accept Time. changes in the Work. 1.05 PRELIMINARY PROCEDURES 2. Who is responsible for informing others in the Contractor's A. CITY may initiate changes by employ the authorization of changes submitting a Proposal Request to in the Work. Contractor. Request will include: C. CITY will designate in writing the person who is authorized to execute Change 1. Detailed description of the Orders. change, products, and location of the change in the Project. 1.03 RELATED REQUIREMENTS 2. Supplementary or revised A. Bid Form. Drawings and Specifications. B. Agreement. 3. The projected time span for making the change, and a specific C. General Conditions. statement as to whether overtime work is,or is not,authorized. D. Supplementary Conditions. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1153-93 CHANGE ORDER PROCEDURES Page 141 6 0 4. A specific period of time during 1.07 DOCUMENTATION OF PROPOSALS AND which the requested price will be CLAIMS considered valid. A. Support each quotation for a lump-sum 5. Such request is for information only, proposal, and for each unit price which and is not an instruction to execute has not previously been established,with the changes, nor to stop work in sufficient substantiating data to allow progress. CITY to evaluate the quotation. B. Contractor may initiate changes by B. On request provide additional data to submitting a written notice to City support time and cost containing: computations: 1. Description of the proposed 1. Labor required. changes. 2. Equipment required. 2. Statement of the reason for making the changes. 3. Products required. 3. Statement of the effect on the a. Recommended sources of Contract Sum and the Contract purchase and unit cost. Time. b. Quantities required. 4. Statement of the effect on the Work of separate contractors. 4. Taxes, insurance,and bonds. 5. Documentation supporting any 5. Credit for work deleted from change in Contract Sum or Contract Contract, similarly documented. Time,as appropriate. 1.06 CONSTRUCTION-CHANGE 6. Overhead and profit. AUTHORIZATION 7. Justification for any change in Contract Time. A. In lieu of Proposal Request, CITY may issue a construction change C. Support each claim for additional costs, authorization for Contractor to proceed and for work done on a time- and- with a change for subsequent inclusion material/force account basis, with in a Change Order. documentation as required for a lump- B. Authorization will describe changes in sum proposal, plus additional information: the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the 1. Name of CITY's authorized agent change, and will designate the method of who ordered the work, and the date determining any change in the Contract of the order. Sum and any change in Contract Time. 2. Dates and times work was C. CITY will sign and date the Construction performed,and by whom. Change Authorization as authorization for the Contractor to proceed with the 3. Time record, summary of hours changes. worked,and hourly rates paid. D. Contractor shall sign and date the 4. Receipts and invoices for: Construction Change Authorization to indicate agreement with the terms a. Equipment used, listing therein. dates and times of use. b. Products used, listing of quantities. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1153-94 CHANGE ORDER PROCEDURES Page 141 6 3. Survey of completed work. C. Subcontractors. B. The amounts of the unit prices to be: D. Document requests for substitutions for products as specified in Section 1. Those stated in the Agreement. SC01630. 2. Those mutually agreed upon 1.08 PREPARATION OF CHANGE ORDERS between CITY and Contractor. A. CITY will initiate each Change Order. C. When quantities of each of the items affected by the Change Order can be B. Change Order will describe changes determined prior to start of the work: in the Work, both additions and deletions, with attachments of revised Contract 1. CITY will sign and date the Documents to define details of the Change Order as authorization for change. Contractor to proceed with the changes. C. Change Order will provide an accounting of the adjustment in the Contract Sum and 2. Contractor shall sign and date the in the Contract Time. Change Order to indicate agreement with the terms herein. 1.09 LUMP-SUM/FIXED PRICE CHANGE ORDER D. When quantities of the items cannot be determined prior to start of the work: A. Content of Change Orders will be based on,either: 1. CITY will issue a construction change authorization-directing 1. CITY's Proposal Request and Contractor to proceed with the Contractor's Responsive Proposal change on the basis of unit prices. as mutually agreed between CITY and Contractor;or 2. At completion of the change,CITY will determine the cost of such work 2. Contractor's Proposal for a based on the unit prices and change, as recommended by the quantities used. CONSULTANT. a. Contractor shall submit B. CITY will sign and date the Change Order documentation to establish the as authorization for the Contractor to number of units of each item proceed with the changes. and any claims for change in Contract Time. C. Contractor shall sign and date the Change Order to indicate agreement with the 3. CITY will sign and date the Change terms therein. Order to establish the change in Contract Sum and in Contract Time. 1.10 UNIT PRICE CHANGE ORDER 4. CITY and Contractor will sign and A. Content of Change Orders will be based date the Change Order to indicate their agreement with the terms on,either: therein. 1. CITY's definition of the scope of the required changes;or 2. Contractor's Proposal for a change, as recommended by CITY; or Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1153-95 CHANGE ORDER PROCEDURES Page 14 2 of i 6 0 1.11 TIME AND MATERIAL/FORCE ACCOUNT 1.12 CORRELATION WITH CHANGE ORDER/ CONSTRUCTION CONTRACTOR'S SUBMITTALS CHANGE AUTHORIZATION A. Contractor shall periodically revise A. CITY will issue a Construction Change Schedule of Values and Request for Authorization directing Contractor to Payment forms to record each change as proceed with the changes. a separate item of work,and to record the adjusted Contract Sum. B. At completion of the change, Contractor shall submit itemized accounting and B. Contractor shall periodically revise the supporting data as provided in the Article Construction Schedule to reflect each "Documentation of Proposals and Claims" change in Contract Time. of this Section. 1. Contractor shall revise sub- C. CITY will determine the allowable cost of schedules to show changes for other such work, as provided in General items of work affected by the Conditions and Supplementary changes. Conditions. D. CITY will sign and date the Change Order C. Upon completion of work under a Change to establish the change in Contract Sum Order, Contractor shall enter pertinent and in Contract Time. changes in Record Documents. E. CITY will sign and date the Change Order PART 2—PRODUCTS (NOT USED)PART to indicate their agreement therewith. 3—EXECUTION (NOT USED) END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1153-96 CHANGE ORDER PROCEDURES 6 0 SECTION 01200-PROJECT MEETINGS PART 1 -GENERAL 3. Resident project representative. 1.01 DESCRIPTION 4. Contractor and its superintendent. A. Scope of Work: 5. Major subcontractors. 1. The City shall schedule and administer pre-construction meeting, 6. Representatives of major suppliers monthly progress meetings, and and manufacturers as appropriate. specifically called meetings throughout the progress of the Work. 7. Governmental and Utilities The Consultant shall: representatives as appropriate. a. Prepare agenda for meetings. 8. Others as requested by the Contractor,CITY and Consultant. b. Make physical arrangements for meetings. D. The purpose of the pre-construction meeting is to designate responsible C. Preside at meetings. personnel and establish a working relationship. Matters requiring 2. Representatives of Contractor, coordination will be discussed and subcontractors and suppliers procedures for handling such matters attending meetings shall be qualified established. The suggested agenda and authorized to act on behalf of the should include: entity each represents. 1. Distribution and discussion of: 3. The Contractor shall attend meetings to ascertain that work is expedited a. List of major subcontractors and consistent with Contract Documents suppliers. and construction schedules. The Consultant shall record the pre- b. Projected schedules. construction meeting and each progress meeting in its entirety, and C. Schedule of Values shall provide the Consultant with a voice recording, having good quality d. NPDES plan and clarity, and a typed transcript of the minutes of each meeting. A copy 2. Critical work sequencing: of the minutes of each progress Relationships and coordination with meeting shall be available five (5) other contracts and/or work. business days after the meeting. 3. Major equipment deliveries and B. Related Requirements Described priorities. Elsewhere: 4. Project coordination: Designation 1. Progress Schedules: Section and responsible personnel. SC01310. 2. Shop Drawings, Working Drawings, 5. Procedures and processing of: and Samples: Section SC01340. 3. Security and Safety Procedures for a. Field decisions. Infrastructure Projects: Section SCO1540 b. Proposal requests. 4. Project Record Documents: Section SC01720. C. Request for Information. 1.02 PRE-CONSTRUCTION MEETING d. Submittals. A. The City shall schedule a preconstruction e. Change Orders. meeting no later than ten (10) days after date of issuance of Award letter. f. Applications for Payment. B. Location: A local site, convenient for all 6. Submittal of Shop Drawings, project parties,designated bythe City. data and samples. C. Attendance: 7. Adequacy of distribution of Contract Documents. 1. CITY's representative. 8. Procedures for maintaining Record 2. Consultant and Consultant's Documents. professional consultants. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1200-97 PROJECT MEETINGS Page 1414 of 1 06 0 9. Use of premises: B. Hold called meetings as required by progress of the Work. a. Office,work and storage areas. C. Location of the meetings: Site selected by b. CITY's requirements. Consultant. c. Access and traffic control. D. Attendance: 10. Construction facilities, controls and 1. Consultant and its representatives as construction aids. needed. 11. Temporary utilities. 2. Contractor. 12. Safety and first aid procedures. 3. CITY's representatives. 13. Check of required Bond and 4. Subcontractors(active on the site). Insurance certifications. 5. Others as appropriate to the agenda 14. Completion time for Contract and (suppliers, manufacturers, other liquidated damages. subcontractors,etc.). 15. Request for extension of Contract E. The City shall preside at the meetings and Time. provide for keeping minutes and distribution of the minutes to the CITY, 16. Weekly job meeting for all involved. Consultant and others. The purpose of the meetings will be to review the progress of 17. Security procedures. the Work. The agenda will include but not be limited to the following: 18. Procedures for making partial payments. 1. Review approval of minutes of previous meeting. 19. Guarantees on completed work. 2. Review of work progress since 20. Equipment to be used. previous meeting and work scheduled (3-week look ahead 21. Staking of work. schedule). 22. Project inspection. 3. Field observations, problems, and conflicts. 23. Labor requirements. 4. Problems which impede construction 24. Laboratory testing of material Schedule. requirements. 5. Review of off-site fabrication,delivery 25. Provisions for material stored on schedules. site. 6. Corrective measures and procedures 26. Requirements of other organizations. to regain projected schedule. 27. Rights-of-way and easements. 7. Status of approved construction schedule. 28. Housekeeping procedures. 8. Progress schedule during 29. Liquidated damages. succeeding work period. 30. Posting of signs. 9. Coordination of schedules. 31. Pay request submittal dates. 10. Review status of submittals,expedite as required. 32. Equal opportunity requirements. 11. Maintenance of quality standards. 1.03 PROGRESS MEETINGS 12. Pending changes and substitutions. A. The City shall schedule and conduct regular periodic meetings. The progress 13. Shop Drawing problems. meetings will be held every thirty(30)days and at other times as required by the 14. Review proposed changes for: progress of the Work. The first meeting shall be held within thirty (30) days after a. Effect on construction schedule the preconstruction meeting or thirty (30) and on completion date. days or less after the date of Notice to Proceed. b. Effect on other contracts of the Project. Bid No.081-2821-21-WWTP Sodium Hypochlorite Tanks Replacement SCO1200-98 PROJECT MEETINGS Page 1415 of 1 06 15. Construction schedule. 16. Critical/long lead items. 17. Other business. F. The Contractor is to attend monthly progress meetings and is to study previous meeting minutes and current agenda items, and be prepared to discuss pertinent topics and provide specific information including but not limited to: 1. Status of all submittals and what specifically is being done to expedite them. 2. Status of all activities behind schedule and what specifically will be done to regain the schedule. 3. Status of all material deliveries,latest contact with equipment manufacturer and specific actions taken to expedite materials. 4. Status of open deficiencies and what is being done to correct the same. G. The Contractor is to provide a current submittal log at each progress meeting in accordance with Section SCO1340: Shop Drawings, Working Drawings and Samples. 1.04 SPECIAL MEETINGS A. The Contractor may be required to attend certain City Hall meetings to inform the public before commencement or during progress of the project to discuss specific issues. PART 2-PRODUCTS(NOT USED) PART 3-EXECUTION(NOT USED) END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1200-99 PROJECT MEETINGS JOR_ 0 SECTION 01310-PROGRESS SCHEDULES PART 1 -GENERAL the Contract and shall verify that either Contractor's organization has in-house 1.01 DESCRIPTION capability to use the CPM technique or that Contractor will employ a CPM A. Scope of Work: consultant who is so qualified. 1. Prior to Pre-Construction Meeting, B. In-house capability shall be verified by Contractor shall prepare and submit description of construction projects to to the CITY initial construction which Contractor or Contractor's schedule(s) demonstrating consultant has successfully applied complete fulfillment of all Contract computerized CPM and shall include at requirements utilizing a Critical Path least two(2)projects valued at least half Method (hereinafter referred to as the expected value of this Project. CPM)in planning,coordinating and performing the Work under this 1.03 FORM OF SCHEDULES Contract (including all activities of subcontractors, equipment vendors A. Maximum Sheet Size: 24 inches by 36 and suppliers). The principles and inches. definition CPM terms used herein shall be as set forth in the 1.04 CONTENT OF SCHEDULES Associated General Contractors of America (AGC) publication, The A. Construction Progress Schedule: Use of CPM in Construction, A Manual for General Contractors and 1. Show the complete sequence of the Construction Industry, latest construction by activity. edition, but the provisions of this Specification shall govern the 2. Show the dates for the beginning of, planning, coordinating and and completion of, each major performance of the Work. Assumed element of construction in no more notice to proceed date for this than a two (2) week increment schedule shall be ninety (90) days scale. Specifically list, but not limit from bid opening date. to: 2. After issuance of Notice To a. Obtaining all Proceed, Contractor shall submit permits/construction revised progress schedules on a bi- easements(if needed) weekly basis. No partial payments b. Shop Drawing shall be approved until there is an submitted/review time approved construction progress C. Site clearing/filling schedule on hand. d. Site utilities e. Pipeline installation B. Related Requirements Described f. Roadway installation Elsewhere: g. Subcontractor work h. Equipment installations 1. Summary of Project: Section i. Finishings SC01010 j. Instrumentation k. Painting 2. Applications for Payment: Section I. Operator training SCO1027 m. Testing n. Start-up 3. Change Order Procedures: Section o. Receipt of spare parts SC01153 3. Show projected percentage of 4. Project Meetings: Section completion for each item, as of the SCO1200 first day of each month. 5. Shop Drawings,Working Drawings, 4. Show projected dollar cash flow and Samples: Section SCO1340 requirements for each month of construction and for each activity as 6. Schedule of Values: Section indicated by the approved Schedule SCO1370 of Values. 1.02 QUALIFICATIONS B. Submittals schedule for Shop Drawings and Samples shall be in accordance with A. A statement of computerized CPM Section SCO1340: Shop Drawings, capability shall be submitted by Product Data and Samples. Indicate on Contractor in writing prior to the award of the Schedule the following: Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1310-100 PROGRESS SCHEDULES Page 141:7 of 1 06 0 1. The dates for Contractor's a. Sort by early start submittals. b. Sort by float 2. The dates submittals will be required for CITY-furnished C. Sort by products, if applicable. predecessor/successor 3. The dates approved submittals will 3. Narrative description of the logic be required from the CITY. and reasoning of the schedule. C. A typewritten list of all long lead items B. Within ten (10) working days after the (equipment,materials,etc.). conclusion of the CITY's review of initial schedule, Contractor shall revise the D. To the extent that the progress schedule network diagram as required and or any revised progress schedule shows resubmit the network diagram and a anything not jointly agreed upon or fails tabulated schedule produced therefrom. to show anything jointly agree upon, it The revised network diagram and shall not be deemed to have been tabulated schedule shall be reviewed and approved by the CITY. Failure to include accepted or rejected by the CITY within any element of work required for the fifteen (15) working days after receipt. performance of this Contract shall not The network diagram and tabulated excuse the Contractor from completing schedule when accepted by the CITY all work required within any applicable shall constitute the Project work schedule Completion Date, notwithstanding the unless a revised schedule is required due CITY's approval of the progress to substantial changes in the work scope, schedule. a change in Contract Time or a recovery schedule is required and requested. 1.05 PROGRESS REVISIONS C. Acceptance. The finalized schedule will A. Indicate progress of each activity to date be acceptable to the CITY, when in the of submission. opinion of the CITY it demonstrates an orderly progression of the Work to B. Show changes occurring since previous completion in accordance with the submission of schedule: Contract requirements. Such acceptance will neither impose on the 1. Major changes in scope. CITY responsibility for the progress or 2. Activities modified since previous scheduling of the Work nor relieve submission. Contractor from full responsibility therefore. The finalized schedule of 3. Revised projections of progress and Shop Drawing submittals will be completion. acceptable to the CITY, when in the opinion of the CITY, it demonstrates a 4. Other identifiable changes. workable arrangement for processing the submittals in accordance with the C. Provide a narrative report as needed to requirements. The finalized Schedule of define: Values (lump sum price breakdown), as applicable,will be acceptable to the CITY 1. Problem areas, anticipated delays, as to form and content, when in the and the impact on the schedule. opinion of the CITY, it demonstrates a substantial basis for equitably distributing 2. Corrective action recommended, the Contract Sum. When the network and its effect. diagram and tabulated schedule have been accepted, The Contractor shall 3. The effect of changes on schedules submit to the CITY five (5)copies of the of other prime contractors. time-scaled network diagram, five (5) copies of a computerized tabulated D. If the Work falls behind the critical path schedule in which the activities have schedule by two (2)weeks or more, the been sequenced by numbers, five (5) Contractor must prepare a recovery copies of a computerized tabulated schedule. schedule in which the activities have been sequenced by early starting date, 1.06 SUBMISSIONS and five (5) copies of a computerized, tabulated schedule in which activities A. Submittal Requirements. have been sequenced by total float, and five (5) copies sorted by 1. Logic network and/or time phased predecessor/successor. bar chart,computer generated. D. Revised Work Schedules. Contractor, if 2. Computerized network analysis: requested by the CITY, shall provide a Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1310-101 PROGRESS SCHEDULES Page 1418 of 1 06 0 revised work schedule if,at any time,the 1. A logical succession of work from CITY considers the completion Date to start to finish. be in jeopardy because of "activities behind schedule." The revised work 2. Definition of each activity. schedule shall include a new diagram and tabulated schedule conforming to the 3. A logical flow of work requirements of Paragraph 1.09, herein, crews/equipment (crews are to be designed to show how Contractor intends defined by manpower category and to accomplish the work to meet the man-hours; equipment by type and completion date. The form and method hours). employed by Contractor shall be the same as for the original work schedule. 4. Show all work activities and No payment will be made if activities fall interfaces including submittals as more than two (2) weeks behind well as major material and schedule and a revised work schedule is equipment deliveries. not furnished. C. Networks. E. Schedule Revisions. The CITY may require Contractor to modify any portions 1. The CPM network,or diagram,shall of the work schedule that become be in the form of a time-scaled infeasible because of "activities behind diagram of the customary activity- schedule" or for any other valid reason. on-type and may be divided in to a An activity that cannot be completed by number of separate pages with its original latest completion date shall be suitable notation relating the deemed to be behind schedule. No interface points among the pages. change may be made to the sequence, Individual pages shall not exceed duration or relationships of any activity 36 inches by 60 inches. Notation on without approval of the CITY. each activity line shall include a brief work description and a 1.07 DISTRIBUTION duration,as described in Paragraph 1.09D., herein. A. Contractor shall distribute copies of the reviewed schedules to: 2. All construction activities and procurement shall be indicted in a 1. CITY(two copies) time-scaled format, and a calendar shall be shown on all sheets along 2. Jobsite file the entire sheet length. Each activity arrow shall be plotted so the 3. Subcontractors beginning and completion dates of such activity can be determined 4. Other concerned parties graphically by comparison with the calendar scale. All activities shall B. Instruct recipients to report promptly to be shown using the symbols that the Contractor, in writing, any problems clearly distinguish between critical anticipated by the projections shown in path activities, non-critical path the schedules. activities and float for each non- critical activity. All non-critical path 1.08 CHANGE ORDERS activities shall show estimated performances time and float time in A. Upon approval of a Change Order, the scaled form. approved changes shall be reflected in the next scheduled revision or update D. The duration indicated for each activity submittal by Contractor. shall be in calendar days and shall represent the single best time 1.09 CPM STANDARDS considering the scope of the Work and resources planned for the activity A. CPM, as required by this Section, shall including time for inclement weather. be interpreted to be generally as outlined Except for certain non-labor activities, in the Associated General Contractor's such as curing concrete or delivering (AGC) publication, The Use of CPM in materials, activity durations shall not Construction, A Manual for General exceed fourteen (14) days nor be less Contractors and the Construction than one (1) day unless otherwise Industry,Copyright 1976. accepted by the CONSULTANT. B. Work schedules shall include a graphic E. Tabulated Schedules. The initial network and computerized, tabulated schedule shall include the following schedules as described below. To be minimum data for each activity. acceptable the schedule must demonstrate the following: 1. Activity Beginning and Ending Numbers, single activity numbers Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1310-102 PROGRESS SCHEDULES Page 1419 of 1 06 0 may be used. 2. Duration. PART 2—PRODUCTS (NOT USED) 3. Activity Description. PART 3—EXECUTION (NOT USED) 4. Early Start Date(Calendar Dated). END OF SECTION 5. Early Finish Date(Calendar Dated). 6. Identified Critical Path. 7. Total Float (Note: No activity may show more than 20 days float). 8. Cost of Activity. 9. Equipment Hours by type, man power/hours by crew or trade. F. Project Information. Each tabulation shall be prefaced with the following summary data. 1. Project Name. 2. Contractor. 3. Type of Tabulation (Initial or Updated). 4. Project Duration. 5. Project Scheduled Completion Date. 6. Effective or Starting Date of the Schedule. 7. New Projects Completion Date and Project Status, if an updated or revised schedule. 8. Actual Start Date and Finish Date for all update schedules. 1.10 SCHEDULE MONITORING A. At not less than monthly intervals or when specifically requested by CITY, Contractor shall submit to the CITY a computer printout of an updated schedule for those activities that remain to be completed. B. The updated schedule shall be submitted in the form, sequence, and number of copies requested for the initial schedule. 1.11 PROGRESS MEETINGS For the monthly progress meeting, Contractor shall submit a revised CPM schedule and a 3- week look-ahead schedule, showing all activities in progress, uncompleted or scheduled to be worked during the weeks. The 3 weeks include the current week plus the next 2 weeks. All activities shall be from the approved CPM and must be as shown on the CPM unless behind or ahead of schedule. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1310-103 PROGRESS SCHEDULES Page 1428 of 1 06 0 SECTION 01340-SHOP DRAWINGS,WORKING DRAWINGS,AND SAMPLES e. Date of Resubmittal and Return(as applicable). PART 1 -GENERAL 1.01 DESCRIPTION f. Date material release for A. Scope of Work: fabrication. 1. The Contractor shall submit to the g. Projected date of fabrication. CITY for review and approval, such Shop Drawings, Test Reports and h. Projected date of delivery to Product Data on materials and site. equipment (hereinafter in this Section called Data), and material i. Status of O&M manuals samples(hereinafter in this Section submittal. called Samples)as are required for the proper control of work,including j. Specification Section. but not limited to those Shop Drawings, Data and Samples for k. Drawings Sheet Number. materials and equipment specified elsewhere in the Specifications and B. Related Requirements Described in the Contract Drawings. Elsewhere: 2. With the Contractor's executed 1. General Conditions: agreement and Bond Submittal,the Contractor shall submit to the CITY 2. Progress Schedules: Section a complete list of preliminary Data SC01310. on items for which Shop Drawings are to be submitted. Included in this 3. Material and Equipment: Section list shall be the names of all SC01600. proposed manufacturers furnishing specified items. Review of this list 4. Project Record Documents:Section by the CITY shall in no way SC01720. expressed or implied relieve the Contractor from submitting 5. Operating and Maintenance Data: complete Shop Drawings and Section SC01730. providing materials, equipment, etc., fully in accordance with the 1.02 CONTRACTOR'S RESPONSIBILITY Specifications. This procedure is required in order to expedite final A. The Contractor shall furnish the CITY a review of Shop Drawings. The schedule of Shop Drawings submittals Contractor shall include Shop fixing the respective dates for the Drawing review time on the Project submission of Shop Drawings, the schedule(see section SC01310). beginning of manufacture, testing and installation of materials, supplies and 3. The Contractor is to maintain an equipment. This schedule shall indicate accurate updated submittal log and those that are critical to the progress will bring this log to each scheduled schedule. progress meeting with the City and the CITY. This log should include B. The Contractor shall not begin any of the the following items: work covered by a Shop Drawing, Data, or a Sample returned for correction until a. Submittal-Description and a revision or correction thereof has been Number assigned. reviewed and returned to him, by the CITY,with approval. b. Date to CITY. C. The Contractor shall submit to the CITY C. Date returned to Contractor. all drawings and schedules sufficiently in advance of construction requirements to d. Status of Submittal (Approved provide no less than twenty-one (21) as Noted, Rejected/Re- calendar days for checking and submit). appropriate action from the time the City receives them. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1310-104 SHOP DRAWINGS,WORK DRAWINGS AND SAMPLES Page 1421 of 1 06 0 D. All submittals shall be accompanied with schedules submitted without this stamp a transmittal letter prepared in duplicate of approval shall be returned to the containing the following information: Contractor for resubmission. 1. Date. 1.03 CITY'S REVIEW OF SHOP DRAWINGS 2. Project Title and Number. A. The CITY's review of Shop Drawings, Data and Samples as submitted by the 3. Contractor's name and address. Contractor, will be to determine if the items(s)conform to the information in the 4. The number of each Shop Contract Documents and are compatible Drawings, Project Data, and with the design concept. The CITY's Sample submitted. review and exceptions, if any, will not constitute an approval of dimensions, 5. Notification of Deviations from connections,quantities,and details of the Contract Documents. material, equipment, device, or item shown. a. The Contractor shall indicate in bold type at the top of the B. The review of drawings and schedules cover sheet of submittal of will be general, and shall not be Shop Drawing if there is a construed: deviation from Contract Drawings, Project 1. As permitting any departure from Specifications and referenced the Contract requirements. specifications or codes. 2. As relieving the Contractor of b. The Contractor shall also list responsibility for any errors, any deviations from Contract including details, dimensions, and Drawings, Project materials. Specifications and referenced specifications or codes and 3. As approving departures from identify in "green" ink details furnished by the City,except prominently on the drawings. as otherwise provided herein. 6. Submittal Log Number conforming C. If the drawings or schedules as submitted to Specification Log Number. describe variations and show a departure from the Contract requirements which the E. The Contractor shall submit SHOP CITY finds to be in the interest of the City DRAWINGS electronically to the CITY and to be so minor as not to involve a through eBuilder. The CITY will review change in Contract Price or time for the submittal and return to the Contractor performance, the CITY may return the with appropriate review comments. reviewed drawings without noting an exception. F. The Contractor shall be responsible for and bear all costs of damages which may D. "Approved As Noted" - Contractor shall result from the ordering of any material or incorporate CITY's comments into the from proceeding with any part of work submittal before release to manufacturer. prior to the completion of the review by The Contractor shall send a letter to the the CITY of the necessary Shop CITY acknowledging the comments and Drawings. their incorporation into the Shop Drawing. G. The Contractor shall not use Shop Drawings as means of proposing E. "Amend And Resubmit"-Contractor shall alternate items to demonstrate resubmit the Shop Drawing to the CITY. compliance to Contract requirements. The resubmittal shall incorporate the CITY's comments highlighted on the H. Each submittal will bear a stamp Shop Drawing. indicating that Contractor has satisfied Contractor's obligations under the F. "Rejected" - Contractor shall resubmit Contract Documents with respect to Shop Drawing for review by Consultant. Contractors review and approval of that submittal. G. Resubmittals will be handled in the same manner as first submittals. On I. Drawings and schedules shall be resubmittals the Contractor shall direct checked and coordinated with the work of specific attention, in writing or on all trades and sub-contractors involved, resubmitted Shop Drawings,to revisions before they are submitted for review by other than the corrections requested by the CITY and shall bear the Contractor's the CITY on previous submissions. The stamp of approval as evidence of such Contractor shall make any corrections checking and coordination. Drawings or required by the CITY. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1310-105 SHOP DRAWINGS,WORK DRAWINGS AND SAMPLES 06 0 clearly marked to identify pertinent H. If the Contractor considers any correction materials, product or models. Delete indicated on the drawings to constitute a information which is not applicable to the change to the Contract Drawings or Work by striking or cross-hatching. Specifications, the Contractor shall give written notice thereof to the CITY. C. Each Shop Drawing shall have a blank area 3-1/2 inches by 3-1/2 inches, I. When the Shop Drawings have been located adjacent to the title block. The completed to the satisfaction of the CITY, title block shall display the following: the Contractor shall carry out the construction in accordance therewith and 1. Project Title and Number. shall make no further changes therein except upon written instructions from the 2. Name of Project building or CITY. structure. J. No partial submittals will be reviewed. 3. Number and title of the Shop Submittals not deemed complete will be Drawing. stamped "Rejected" and returned to the Contractor for resubmittal. Unless 4. Date of Shop Drawing or revision. otherwise specifically permitted by the CITY, make all submittals in groups 5. Name of Contractor and containing all associated items for: subcontractor submitting drawing. 1. Systems. 6. Supplier/manufacturer. 2. Processes. 7. Separate detailer when pertinent. 3. As indicated in specific 8. Specification title and number. Specifications Sections. 9. Specification section. K. All drawings,schematics,manufacturer's product Data, certifications and other 10. Application Contract Drawing Shop Drawing submittals required by a Number. system specification shall be submitted at one time as a package to facilitate D. Data on materials and equipment interface checking. include, without limitation, materials and equipment lists, catalog data sheets, L. Only the CITY shall utilize the color"red" cuts, performance curves, diagrams, in marking Shop Drawing submittals. materials of construction and similar descriptive material. Materials and M. For any submittal returned to the equipment lists shall give, for each item Contractor marked "Amend and Submit" thereon, the name and location of the or"Rejected,"Contractor shall pay CITY supplier or manufacturer, trade name, a resubmittal fee of $250.00. Monies catalog reference, size, finish and all shall be deducted from monies owed other pertinent Data. Contractor by CITY monthly and incorporated into a Change Order at 1.05 WORKING DRAWINGS completion of the contract. A. When used in the Contract Documents, 1.04 SHOP DRAWINGS the term "Working Drawings" shall be considered to mean the Contractor's plan A. Shop Drawings shall be complete and for temporary structures such as detailed and shall consist of fabrication, temporary bulkheads, support of open erection and setting drawings and cut excavation, support of utilities, schedule drawings,manufacturer's scale ground water control systems, forming drawings, and wiring and control and false work;for underpinning;and for diagrams. Cuts, catalogs, pamphlets, such other work as may be required for descriptive literature, and performance construction but does not become an and test data,shall be considered only as integral part of the Project. supportive information. As used herein, the term "manufactured" applies to B. Working Drawings shall be signed by a standard units usually mass-produced; registered Professional Consultant, and"fabricated"means items specifically currently licensed to practice in the State assembled or made out of selected of Florida. materials to meet individual design requirements. 1.06 SAMPLES B. Manufacturer's catalog sheets, A. The Contractor shall furnish, for the brochures, diagrams, illustrations and approval of the Consultant, samples other standard descriptive data shall be required by the Contract Documents or Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1310-106 SHOP DRAWINGS,WORK DRAWINGS AND SAMPLES 06 0 requested bythe CITY. Samples shall be change or modify any Contract delivered to the CITY as specified or requirements. directed. The Contractor shall prepay all shipping charges on samples. Materials F. Approved samples not destroyed in or equipment for which samples are testing shall be sent to the CITY or stored required shall not be used in work until at the site of the Work. Approved approved by the CITY. Samples of the hardware in good condition will be marked for identification B. Samples shall be of sufficient size and and may be used in the work. Materials quantity to clearly illustrate: and equipment incorporated in work shall match the approved Samples. Samples 1. Functional characteristics of the which failed testing or were not approved product,with integrally related parts will be returned to the Contractor at its and attachment devices. expense, if so requested at time of submission. 2. Full range of color, texture and pattern. PART 2-PRODUCTS(NOT USED) 3. A minimum of two(2)samples of each item shall be submitted. PART 3-EXECUTION(NOT USED) C. Field samples and mock-ups: END OF SECTION 1. Contractor shall erect,at the Project site, at a location acceptable to the Consultant. 2. Size of area: 15 feet long x 6 feet high or that specified in the respective specification section. 3. Fabricate each sample and mock- up complete and finished. 4. Remove mock-ups at conclusion of Work or when acceptable to the Consultant. D. Each sample shall have a label indicating: 1. Name of Project. 2. Name of Contractor and Subcontractor. 3. Material or Equipment Represented. 4. Place of Origin. 5. Name of Producer and Brand (if any). 6. Location in Project. Samples of finished materials shall have additional marking that will identify them under the finished schedules. E. The Contractor shall prepare a transmittal letter in triplicate for each shipment of samples containing the information required in Paragraph 1.06B above. It shall enclose a copy of this letter with the shipment and send a copy of this letter to the CITY. Approval of a sample shall be only for the characteristics or use named in such approval and shall not be construed to Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1310-107 SHOP DRAWINGS,WORK DRAWINGS AND SAMPLES 06 0 SECTION 01370-SCHEDULE OF VALUES PART 1 -GENERAL 1.01 DESCRIPTION proportional amount of the Contractor's overhead and profit. A. Scope of Work: 2. For items on which progress 1. Contractor shall submit to the City a payments will be requested for stored Schedule of Values allocated to the materials, break down the value into: various lump sum portions of the Work, within fifteen (15) days of the a. The cost of the materials, Notice to Proceed date. delivered unloaded, with taxes paid. Paid invoices required for 2. Upon request of the City, Contractor materials. Payment for shall support the values with data materials shall be limited to the which will substantiate their invoiced amount only. correctness. The data shall include, but not be limited to quantity of b. The total installed value. materials, all sub-elements of the activity and their units of measure. F. The sum of all lump sum values listed in the schedule shall equal the total Contract 3 Schedule of Values shall establish Sum. the actual value for each activity of the Work to be completed taken from 1.03 UNIT QUANTITIES: the approved Critical Path Method (CPM),and shall be used as the basis A. Quantities indicated in the Schedule of Bid for the Contractor's Applications for Items are for bidding and contract Payment. purposes only. Quantities and measurements supplied or placed in the B. Related Requirements Described Work and verified by the Consultant and Elsewhere: CITY determines payment. 1.Conditions of the Construction Contract. B. If the actual Work requires more or fewer quantities than those quantities indicated 1.02 FORM AND CONTENT OF SCHEDULE OF in the bid items, Contractor shall provide VALUES the required quantities at the unit sum/prices contracted. A. Type schedule on an 8-1/2 inch by 11 inch or 8-1/2 inch by 14 inch white paper. 1.04 REVIEW AND RESUBMITTAL Contractor's standard forms and computer printout will be considered for approval by A. After review by City, Contractor shall the City upon Contractor's request. revise and resubmit Schedule of Values Identify schedule with: and Schedule of Unit Material values pursuant to this Section. 1. Title of Project and location. B. Contractor shall resubmit revised 2. Consultant and Project number. Schedules in same manner pursuant to this Section. 3. Name and address of Contractor. PART 2-PRODUCTS(NOT USED) 4. Contract designation. PART 3-EXECUTION(NOT USED) 5. Date of submission. END OF SECTION B. Schedule shall list the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing item prices for progress payments during construction. C. Identify each line item with the number and the title of the respective section of the Specifications. D. For each line item, list sub-values of major products or operations under the item. E. For the various portions of the Work: 1. Each item shall include a directly Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1370-108 SCHEDULE OF VALUES Page 1425 of 1 06 0 SECTION 01380-CONSTRUCTION PHOTOGRAPHS PART 1 -GENERAL A. Color: 1.01 DESCRIPTION 1. Paper: Single weight, color print paper. A. Scope of Work: The Contractor shall 2. Finish: Smooth surface,glossy. employ a competent professional photographer to take construction record 3. Size: 8 inches by 10 inches and 3 photographs periodically during the course inches by 5 inches. of the Work using a digital camera and a preconstruction video inspection. 4. Paper Weight:Single weight B. Related Requirements Described B. Identify each print on back, listing: Elsewhere: 1. General Requirements: Section 1. Name of Project. SC01000. 2. Orientation of view. 2. Summary of Project: Section 3. Date and time of exposure. SC01010. 3. Video and Photographic Site Survey: 4. Name and address of photographer. Section 01390 5. Photographer's numbered 4. Project Record Documents: Section identification of exposure. SC01720. C. Aerial photographs shall be color. 1.02 PHOTOGRAPHY REQUIRED 2.02 NEGATIVES/DIGITAL FILES A. Photographs taken in conformance with A. The negatives/digital files are to be this Section shall be furnished to the categorized by month taken and must Consultant with each Application for correspond to the progress photographs Payment. that accompany each. At project closeout, the negatives/digital files are to be B. Views and Quantities Required: submitted to the CITY. If the Contractor 1. Five (5) views of overall Project site uses digital photography,then the images shall be provided on CD. monthly, or as directed by the Consultant. PART 3-EXECUTION 2. Two(2)aerial views of overall Project 3.01 TECHNIQUE site after completion of site restoration and landscaping. A. Factual Presentation. 3. Provide five(5)3 inch by 5 inch prints B. Correct exposure and focus. and one(1)8 inch by 10 inch print of each view,plus one(1)copy in digital 1. High resolution and sharpness. format. 4. Additional aerial photographs may be 2. Maximum depth-of-field. used upon prior approval by the 3. Minimum distortion. CITY. C. In addition to the general progress 3.02 VIEWS REQUIRED photographs required, photographs of A. Photograph from locations to adequately each tie-in point shall be taken prior to illustrate condition of construction and backfill and turned in with the monthly state of progress. Application for Payment. 1.03 COSTS OF PHOTOGRAPHY 1. At successive periods of photography, take at least one (1) A. The Contractor shall pay costs for photograph from the same overall view as previously. specified photography and prints. Parties requiring additional photography or prints 2. Consult with the City at each period of shall pay the photographer directly. photography for instructions PART 2-PRODUCTS concerning views required. 2.01 PRINTS 3. All views to contain a relative dimension reference that is easily recognizable by the average person. In views where dimensions are Bid No.081-2821-21-WWTP Sodium Hypochlorite Tanks Replacement SCO1380-109 CONSTRUCTION PHOTOGRAPHS 06 critical, use of recognizable measuring devices such as a folding ruler,measuring tape in a manner the makings are clear and sharp in the photograph and the device located in close relationship with subject of photograph. 3.03 DELIVERY OF PRINTS A. Deliver prints to the CONSULTANT to accompany each Application for Payment. B. Distribution of prints as soon as processed is anticipated to be as follows: 1. CITY:one(1)set. 2. Project record file one (1)set stored by Contractor and furnished to Consultant at project completion. 3. Contractor one(1)set. END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1380-110 CONSTRUCTION PHOTOGRAPHS Page 142:7 of 1 J-06 0 SECTION 01390-VIDEO AND PHOTOGRAPHIC SITE SURVEY PART 1-GENERAL 1.01 SECTION INCLUDES: PART 3-EXECUTION A. The work under this Section includes the performance of a Pre and Post 4. VIDEO SITE SURVEY Construction Video Survey of the condition of existing facilities, public A. The Contractor shall provide the CITY Rights-of Way (ROW), easements, with a DVD accurately representing roads,private property,and other surface existing conditions of the site to be features and"before and after"digital still disturbed by its operations. This DVD photographs. shall be submitted at least twenty-one (21)days prior to the start of work on this 1.02 RELATED SECTIONS: project. A. Section SC01050—Field Engineering B. Recording shall be on a new, high quality, DVD. The camera shall be B. Section SC01380 — Construction capable of producing clean color images. Progress Photographs The original is to be submitted to the CITY for review and a copy is to be 1.03 PRE/POST-CONSTRUCTION VIDEO retained by the Contractor until Final INSPECTION Acceptance. CITY shall receive one (1) copy of the Final Videotaping after A. Prior to start of construction, Contractor approval by the CITY. shall retain the services of a firm specializing in pre-construction video C. At a minimum,the video shall contain: inspection. 1. At the beginning of the video, the B. Video inspection shall delineate all project name and date of taping aspects of facilities on site and shall be superimposed on the surrounding properties. picture. 2. As the location of the video tapping C. Any claims for damages not clearly progresses,i.e.,the individual street shown as existing prior to construction name shall be temporally shall be paid for by the Contractor,unless superimposed on the picture. conclusive evidence to the contrary is provided. 3. Centerline stationing at 100 feet intervals or clear reference to the 1.04 SUBMITTALS: individual residences (by street number)and/or business(by street A. Pre-Construction Video and number and name). Photographic Site Survey 5. The video shall be run twice the full 1. The Contractor shall submit one (1) length of the project,first facing and copy of the Pre Construction Video proceeding ahead station wise and Survey with video log to the CITY for slightly angled to the right of review and acceptance. centerline. The second run shall be the full length of the project facing B. Post-Construction Video Site Survey and proceeding back station wise and slightly angled to the right of 1. At the discretion of the CITY, the centerline. requirement for a Post-Construction video may be waived. 6. Both shootings shall contain the centerline within the view of the 2. The Contractor shall submit one (1) observer. The taping is to be copy of the Post-Construction Video continuous during each run. Areas Survey with log to the CITY for of special importance/interest may review. be "zoomed-in" on to provide the necessary details but must be 3. Accompanying this submittal, or as "zoomed-out' to the original view a separate submittal in the event the before proceeding. CITY waives the Post-Construction Video, the Contractor shall issue a D. Audio content letter attesting to having reviewed the Pre Construction Video Survey 1. Simultaneously record the audio and confirm restoration of surface portion during videotaping. attributes. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1390-111 VIDEO&PHOTOGRAPHIC SITE SURVEY Page 1428 of 1 06 0 and/or property. The photographs of 2. Audio recording shall assist in each home and/or property shall consist viewer orientation and in any Audio of a set of photographs(3 minimum)and recording will only consist of camera shall provide property-line to property- operator commentary. line coverage of the roadway, swale and sidewalk areas for each property. The E. Prepare a written video log that describes "areas of interest" are the edge of the contents of each tape including: roadway, condition of the swale, type of grass,landscaping within the swale,mail 1. Name of streets and/or easements. box and driveway apron. 2. Videotape location designator. B. The digital "file" name is to be the address of the property being photographed and shall be incorporated 3. Coverage begin/end, station and as part of the image. The Contractor location. shall provide the CITY with the following for review and acceptance: 4. Recording date. 1. One (1) CD with the digital files in F. The video shall present a clear and street named/numbered accurate representation of existing subdirectory and a digital file log. conditions. If the CITY determines that this intent is not met, the tape shall be 2. Two(2)sets of"Before"color prints returned and the area re-televised at no and one(1)set of"After"color prints additional cost to the CITY. of each digital file,with the file name displayed. Color print sets are to be G. This accepted video along with the still bound with a Table of Contents and photographs will serve as an aid to the divided and tabbed by street CITY in determining existing conditions. name/number. Nothing contained in the video or still photographs will supersede or relieve the 3. "Before" photographs (color prints CITY from determining the acceptability and CD)shall be submitted twenty- of restoration. one (21) days in advance of the commencement of the work. "After" H. Prior to Substantial Completion, the photographs (color prints and CD) Contractor is responsible to review the shall be submitted with the final video and still photographs and prepare Application For Payment (refer to a detailed list of surface improvements to Section 01380 PROGRESS be reinstated. This list shall include lawn PHOTOGRAPHS for additional areas, trees and plants, driveways, requirements). driveway aprons, roadways, signage, sprinkler systems, sidewalks, mailboxes C The Contractor shall provide a bound set and any other existing conditions of accepted pre-construction affected by the work and submit to the photographs to the Consultant to be CITY for review and approval. maintained at the Consultant's Field Office for use during the project. 3.02 PHOTOGRAPHIC SURVEY D. An additional page(page 3),with sample A. In addition to the videotape, the photographs,follows the End of Section. Contractor shall take "before and after" digital still photographs of each home END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1390-112 VIDEO&PHOTOGRAPHICSITE SURVEY JOR_ z 1 t )• i Y N�t�} 1Si t}� � PSI I � iia S tt Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SC01390-113 VIDEO&PHOTOGRAPHICSITE SURVEY Page 1498 v5f 06 0 SECTION 01400-QUALITY REQUIREMENTS 1. Plus/minus 0.20 foot radius of PART 1 GENERAL plan center 1.01 GENERAL 2. Plus/minus 0.05 foot vertical A. Contractor is required to follow all 3. Plus/minus 10%of specified technical specification requirements with vertical slope regards to material quality, certification, placement and installation. If the 4. Plus / minus 5% uniformity of Contractor has questions concerning specified vertical slope measured these items,it is required to generate and between any two points of a single issue a Request For Information to the run of pipe. CITY and Consultant for resolution and or guidance. B. Monitor fabrication and installation tolerance control of products to produce B. In the absence of other quality acceptable Work. Do not permit requirements, FDOT Standard tolerances to accumulate. Specifications and Index, of the most current edition,shall prevail. C. Comply with manufacturers' tolerances. Should manufacturers' tolerances 1.02 RELATED SECTIONS conflict with Contract Documents, request clarification from Consultant A. Section SCO1025 — Measurement and before proceeding. Payment Procedures D. Adjust products to appropriate B. Section SC01050—Field Engineering dimensions, position before securing products in place. C. Section SCO1340 — Shop Drawings, Work Drawings and Samples 1.05 TESTING SERVICES 1.03 Field QA/QC A. Contractor required to hire a professional, licensed independent firm A. The Contractor shall monitor quality to perform tests and other services control over suppliers, subcontractors, specified. products and workmanship, to produce work of specified quality. B. Field copies of on site density testing are to be left on site at the completion of each B. Comply with manufacturers'instructions, day's testing. The independent firm is including each step in sequence. required to "map" the results of each day's testing results on the Contractor's. C. Should manufacturers' instructions conflict with Contract Documents, issue C. Certified, signed and sealed test reports Request For Information to the will be submitted by the independent firm Consultant before proceeding. to the Consultant, CITY and Contractor, indicating observations and results of D. Comply with specified standards as tests and indicating compliance or non- minimum quality for the work except compliance with Contract Documents. where more stringent tolerances, codes, or specified requirements indicate higher D. Cooperate with independent firm;furnish standards or more precise workmanship. samples of materials, design mix, equipment, tools, storage, safe access, E. Perform work by persons qualified to and assistance by incidental labor as produce required and specified quality. requested. F. Verify that field measurements are as indicated on shop drawings/catalog cut E. Testing does not relieve Contractor to sheets or as instructed by the perform work to Contract requirements. manufacturer. F. Re-testing required because of non- G. Secure products in place with positive conformance to specified requirements anchorage devices designed and sized shall be performed by the same to withstand stresses, vibration, physical independent firm on instructions by the distortion,or disfigurement. CITY or Consultant. 1.04 TOLERANCES 1.06 INSPECTION SERVICES A. Installed tolerances: A. The CITY shall appoint,employ,and pay inspector for specified services for Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1400-114 QUALITY REQUIREMENTS Page 14181 ". 1 06 0 inspection. These services may be from F. Examine and verify specific conditions the Consultant, or from the CITY or any described in individual technical combination of the above. specification sections. G. Notify the CITY and Consultant, forty- B. The Inspector shall perform construction eight (48) hours prior to the expected observation, inspections and other time for inspection purposes and/or the services specified in individual witnessing of pressure testing. All specification sections and as required by pressure testing shall be witnessed by the CITY and/or Consultant. the CITY and/or Consultant. C. The Contractor shall cooperate with Inspector; furnish safe access and END OF SECTION assistance by incidental labor as requested. Additionally, the Contractor shall keep the inspection personnel fully informed of the needs, scheduling and progress of the project. D. This inspection does NOT relieve the Contractor from performing their own QA/QC on the Work as required in this and other technical specification sections. 1.07 MANUFACTURERS'FIELD SERVICES A. When specified in the Contract documents, requiring material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment as applicable,and to initiate instructions when necessary. B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. PART 2 PRODUCTS(Not Used) PART 3 EXECUTION 3.01 EXAMINATION A. The Contractor shall verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new Work being applied or attached. C. Perform "receiving" inspection of materials,structures and equipment. D. Perform "in-process" inspection as the Work progresses. E. Monitor and inspect the work performed by subcontractors as the Work progresses. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1400-115 QUALITY REQUIREMENTS Page 1492 of 1 06 0 SECTION 01410-TESTING LABORATORY SERVICES PART 1 —GENERAL 2. To obtain and handle samples at the Project site or at the source of 1.01 REQUIREMENTS INCLUDED the product to be tested. A. CITY will employ services of an 3. To facilitate inspections and tests Independent Testing Laboratory to perform specified testing. Contractor 4. For storage and curing of test shall pay costs of services from samples. allowance specified in Section SCO1025: Measurement and Payment F. Notify laboratory sufficiently in advance (Allowances). of operations to allow for laboratory assignment of personnel and scheduling 1. Contractor shall cooperate with of tests. laboratory to facilitate the execution of its required services. 1. When tests or inspections cannot be performed after such notice, 2. Employment of the laboratory shall reimburse CITY for laboratory in no way relieve Contractor's personnel and travel expenses obligations to perform the Work of incurred due to Contractor's the Contract. negligence. 1.02 RELATED REQUIREMENTS G. Make arrangements with laboratory and pay for additional samples and tests A. Conditions of the Contract: Inspection required for Contractor's convenience. and testing required by laws,ordinances, rules, regulations,orders or approvals of 1.05 SPECIFIC TESTS, INSPECTION AND public authorities. METHODS REQUIRED(NOT USED) 1.03 LIMITATIONS OF AUTHORITY OF TESTING PART 2—PRODUCTS (NOT USED) LABORATORY PART 3—EXECUTION A. Laboratory is not authorized to: 3.01 PAYMENT 1. Release,revoke,alter or enlarge on requirements of Contract A. Testing of materials and products will be Documents. performed by an independent testing laboratory appointed and paid for per 2. Approve or accept any portion of the Section SCO1025 — Measurement and Work. Payment(Allowances). 3. Perform any duties of the B. The CITY will authorize the cost of one Contractor. (1)series of tests only on the area or item being evaluated. The Contractor shall 1.04 CONTRACTOR'S RESPONSIBILITIES pay for costs of additional testing as required due to improper performance of A. Cooperate with laboratory personnel Work. and/or Consultant, provide access to Work or manufacturer's operations. C. When Work of this Contract, or portions of Work,are completed,notify the testing B. Secure and deliver to the laboratory laboratory or Consultant to perform or adequate quantities of representational witness the tests. Do not proceed with samples of materials proposed to be additional portions of Work until results used and which require testing. have been verified. C. Provide to the laboratory the preliminary design mix proposed to be used for END OF SECTION concrete,and other material mixed which require control by the testing laboratory. D. Furnish copies of Products Test Reports as required. E. Furnish incidental labor and facilities: 1. To provide access to Work to be tested. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1410-116 TESTING LAB SERVICES page 149"1 06 0 SECTION 01500-CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 —GENERAL install and maintain a certified backflow preventer or check valve on all CITY 1.01 REQUIREMENTS INCLUDED issued portable hydrant meters; no exceptions. Using water from private A. Contractor shall furnish, install and homes and/or business' is strictly maintain temporary utilities required for forbidden. construction. Remove on completion of work. B. Water utilization for concrete plaster and mortar shall meet the respective 1.02 RELATED REQUIRMENTS requirements and standards set forth for A. General Conditions. water utilized in these construction materials. B. Section SC01010: Summary of Work 2.04 TEMPORARY SANITARY FACILITIES 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. Provide sanitary facilities in compliance with Federal, state and local laws and A. Comply with National Electric Code. regulations. B. Comply with Federal, State, and local B. Service,clean and maintain facilities and codes and regulations and with utility enclosures. company requirements. 2.05 TEMPORARY CONTROLS PART 2—PRODUCTS A. Noise Control: See Section SC01100— 2.01 MATERIALS, GENERAL Special Project Procedures A. Materials may be new or used, but must B. Dust Control: be adequate in capability for the required usage of the CITY, must not create 1. Provide positive methods and apply unsafe conditions, and must not violate dust control materials to minimize requirements of applicable codes and raising dust from construction standards. operations, and provide positive means to prevent airborne dust 2.02 TEMPORARY TELEPHONE SERVICE form dispensing into the atmosphere. A. Superintendent, foreman or other contractor personnel in charge shall be C. Pest and Rodent Control: equipped with a functioning cell phone during the term of the contract. 1. Provide pest and rodent control prior to start of construction to 2.03 TEMPORARY WATER prevent infestation of surrounding neighborhood. A. Schedule use and provide deposit to the City's Utility Department for a portable a. Employ methods and use hydrant meter. No water shall be taken materials that will not from the existing water distribution adversely affect conditions at system unless it's through the portable the site or on adjoining hydrant meter. The Contractor shall properties. b. Should the use of rodenticides be considered necessary, submit an informational copy of the proposed program to the Consultant. Clearly indicate: 1) The area or areas to be treated 2) The rodenticides to be used, with a copy of the manufacturer's printed instructions. 3) The pollution preventative measures to be employed. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1500-117 CONSTRUCTION FACILITIES AND TEMPORARY CONTROL Page 1494 of 1 06 0 2. The use of any rodenticide shall be and to remove contaminated soils in full accordance with the or liquids. Manufacturer's printed instructions and recommendations. a. Excavate and dispose of any contaminated earth off-site, D. Debris Control: and replace with suitable compacted fill and topsoil. 1. Maintain all areas under Contractor's control free of 3. Take special measure to prevent extraneous debris. harmful substances from entering public waters. 2. Initiate and maintain a specific program to prevent accumulation of a. Prevent disposal of wastes, debris at construction site, storage effluents, chemicals, or other and parking areas, or along access such substances adjacent to roads and haul routes. streams,or in sanitary or storm sewers. a. Provide acceptable containers for deposit of debris. 4. Provide systems for control of atmospheric pollutants b. Prohibit overloading of trucks to prevent spillages on access a. Prevent toxic concentrations of and haul routes. chemicals 1) Provide periodic inspection of traffic areas b. Prevent harmful dispersal of to enforce requirements. pollutants into the atmosphere 3. Schedule periodic collection and PART 3—EXECUTION disposal of debris. 3.01 GENERAL a. Provide additional collections and disposals of debris A. Maintain and operate systems to assure whenever the periodic continuous service. schedule is inadequate to prevent accumulation. B. Modify and extend systems, as work progress requires. E. Pollution Control: 3.02 REMOVAL 1. Provide methods, means and facilities required to prevent A. Completely remove temporary materials contamination of soil, water or and equipment when their use is no atmosphere by the discharge of longer required. noxious substances from construction operations. B. Clean and repair damage caused by temporary installations or use of 2. Provide equipment and personnel, temporary facilities. perform emergency measures required to contain any spillages, END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1500-118 CONSTRUCTION FACILITIES AND TEMPORARY CONTROL 06 0 SECTION 01505—MOBILIZATION PART I-GENERAL A. Contractor shall be limited to a maximum of 3.0 percent of the total price bid for 1.01 DEFINITION AND SCOPE mobilization. The cost of mobilization/demobilization shall be A. Mobilization shall include the Contractor shown in the Schedule of Values. obtaining of all permits, insurance, and bonds; moving onto the site of all plant B. Demobilization shall be shown in the and equipment,temporary buildings and schedule of values as a minimum 25 other construction facilities; all as percent of the value for mobilization. required for the proper performance and completion of the Work. Mobilization PART 2-PRODUCTS (NOT USED) shall include, but not be limited to, the following principal items: PART 3-EXECUTION (NOT USED) 1. Move onto the site all Contractor's plan and equipment required for first END OF SECTION month operations. 2. Install temporary construction power,wiring,and lighting facilities. 3. Establish fire protection plan and safety program. 4. Secure construction water supply. 5. Provide on-site sanitary facilities and potable water facilities as specified. 6. Arrange for and erect Contractor's work and storage yard and employees'parking facilities. 7. Submit all required insurance certificates and bonds. 8. Obtain all required permits. 9. Post all OSHA, EPA, Department of Labor, and all other required notices. 10. Have Contractor's superintendent at the job site full time. 11. Submit a detailed construction CPM schedule acceptable to the Consultant as specified. 12. Submit a Schedule of Values of the Work. 13. Submit a schedule of submittals. 1.02 DEMOBILIZATION A. Demobilization is the timely and proper removal of all contractor-owned material, equipment or plant,from the job site and the proper restoration or completion of work necessary to bring the site into full compliance with the Contract Documents. 1.03 PAYMENT FOR MOBILIZATION/DEMOBILIZATION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1505-119 MOBILIZATION page 14911 06 0 SECTION 01525-CONSTRUCTION AIDS A. Comply with applicable requirements PART 1 -GENERAL specified in sections of Divisions 2 through 16. 1.01 DESCRIPTION B. Relocate construction aids as required by A. Scope of Work: The Contractor shall progress of construction, by storage of furnish, install and maintain required work requirements and to accommodate construction aids and remove on legitimate requirements of CITY and completion of work. other contractors employed at the site. B. Related Requirements Described 3.03 REMOVAL Elsewhere: A. Completely remove temporary materials, 1. Summary of Work: Section equipment and services: SC01010 1. When construction needs can be C. Contractor must comply with applicable met by use of permanent requirements of the specified in Sections construction. of Divisions 2 through 16 - Technical Specifications 2. At completion of work. PART 2-PRODUCTS B. Clean and restore areas damaged by installation by use of temporary facilities. 2.01 MATERIALS 1. Remove foundations and A. Materials may be new or used, suitable underground installations for for the intended purpose, but must not construction aids. violate requirements of applicable codes and standards. 2. Restore area of site affected by temporary installations to required 2.02 CONSTRUCTION AIDS elevations, slopes, ground cover and clean the area. A. Contractor shall provide construction aids and equipment required by person- C. Restore permanent facilities used for nel and to facilitate execution of the temporary purposes to specified Work: scaffolds,staging, ladders,stairs, condition or in kind if not specified. ramps, runways, platforms, railings, hoists, cranes, chutes and other such facilities and equipment such as END OF SECTION temporary valves and fittings. Refer to respective Technical Specifications Sections for particular requirements for each trade. B. When permanent stair framing is in place, provide temporary treads, platforms and railings, for use by construction personnel. C. Maintain facilities and equipment in first-class condition. PART 3-EXECUTION 3.01 PREPARATION A. Contractor shall consult with the CONSULTANT, review site conditions and factors which affect construction procedures and construction aids,which may be affected by execution of the Work. 3.02 GENERAL Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1525-120 CONSTRUCTION AIDS Page 149:7 of 1 J-06 0 SECTION 01525-CONSTRUCTION AIDS PART 1 -GENERAL A. Comply with applicable requirements specified in sections of Divisions 2 1.01 DESCRIPTION through 16. A. Scope of Work: The Contractor shall B. Relocate construction aids as required by furnish, install and maintain required progress of construction, by storage of construction aids and remove on work requirements and to accommodate completion of work. legitimate requirements of CITY and other contractors employed at the site. B. Related Requirements Described Elsewhere: 3.03 REMOVAL 1. Summary of Work: Section A. Completely remove temporary materials, SC01010 equipment and services: C. Contractor must comply with applicable 1. When construction needs can be requirements of the specified in Sections met by use of permanent of Divisions 2 through 16 - Technical construction. Specifications 2. At completion of work. PART 2-PRODUCTS B. Clean and restore areas damaged by 2.01 MATERIALS installation by use of temporary facilities. A. Materials may be new or used, suitable 1. Remove foundations and for the intended purpose, but must not underground installations for violate requirements of applicable codes construction aids. and standards. 2. Restore area of site affected by 2.02 CONSTRUCTION AIDS temporary installations to required elevations, slopes, ground cover A. Contractor shall provide construction and clean the area. aids and equipment required by person- nel and to facilitate execution of the C. Restore permanent facilities used for Work: scaffolds,staging, ladders,stairs, temporary purposes to specified ramps, runways, platforms, railings, condition or in kind if not specified. hoists, cranes, chutes and other such facilities and equipment such as temporary valves and fittings. Refer to END OF SECTION respective Technical Specifications Sections for particular requirements for each trade. B. When permanent stair framing is in place, provide temporary treads, platforms and railings, for use by construction personnel. C. Maintain facilities and equipment in first-class condition. PART 3-EXECUTION 3.01 PREPARATION A. Contractor shall consult with the CITY, review site conditions and factors which affect construction procedures and construction aids,which may be affected by execution of the Work. 3.02 GENERAL Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1525-121 CONSTRUCTION AIDS 06 0 SECTION 01530—BARRIERS PART 1 -GENERAL and animals from the site when 1.01 REQUIREMENTS INCLUDED construction is not in progress. A. Contractor shall furnish, install and B. Gates shall have locks; and keys shall be maintain suitable barriers as required to furnished to the CITY. prevent public entry, and to protect the Work, existing facilities, trees and plants C. Provide additional security measures as from construction operations; remove deemed necessary and approved by the when no longer needed, or at completion CONSULTANT. of work. 3.03 TREE AND PLANT PROTECTION 1.02 RELATED REQUIREMENTS A. Preserve and protect existing trees and A. Section SC01010: Summary of Work. plants at site that are designated to remain,and those adjacent to site. B. Section SCO1500:Temporary Facilities. B. Consult with the CONSULTANT, and PART 2-PRODUCTS remove agreed-on roots and branches that interfere with construction. 2.01 MATERIALS, GENERAL 1. Employ qualified tree surgeon to A. Materials may be new or used,suitable for remove branches and tree cuts. the intended purpose, but must not violate requirements of applicable codes and C. Provide temporary barriers to a height of 6 standards. feet, around each, or around each group, of trees and plants. 2.02 FENCING D. Protect root zones of trees and plants: A. Minimum fence height 6 feet. 1. Do not allow vehicular traffic or B. Open-Mesh Fence: parking. 1. No. 11 gauge,2-inch mesh,72 inches 2. Do not store materials or products. high-galvanized chain link fabric,with extension arms and 3 strands of 3. Prevent dumping of refuse or galvanized barbed wire. chemically injurious materials or liquids. 2. Galvanized steel posts; 1-1/2 inch line posts and 2-inch corner posts. 4. Prevent puddling or continuous running water. 2.03 BARRIERS E. Carefully supervise excavating, grading A. Materials are Contractor's option, as and filling, and other construction appropriate to serve required purpose. operations to prevent damage. PART 3-EXECUTION F. Replace, or suitably repair, trees and plants designated to remain which are 3.01 GENERAL damaged or destroyed due to construction operations. A. Install facilities of a neat and reasonably uniform appearance,structurally adequate 3.04 REMOVAL for the required purpose. A. Completely remove barricades, including B. Maintain barriers during entire construction foundations, when construction has period. progressed to the point that they are no longer needed and when approved by C. Relocate barriers as required by the CITY. progress of construction. B. Repair damage caused by construction. 3.02 FENCES Fill and grade areas of the site to the required elevations,and clean up the area. A. Provide and maintain fences necessary to assure security of the site during END OF SECTION construction to keep unauthorized people Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1530-122 BARRIERS Page 1499 of 1 06 0 SECTION 01540-SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS PART 1 GENERAL equipment and facilities to discover and determine any such conditions and shall 1.01 As a minimum, the Contractor shall provide be solely responsible for discovery, and assure that all of its personnel have and determination and correction of any such wear common colored Company shirts, safety condition. vests, hard hats and substantial leather work shoes / boots. Other Personal Protective C. Contractor shall prepare and maintain Equipment (PPE) as required by governing accurate reports of incidents of loss,theft local, state and Federal laws and regulations. or vandalism and shall furnish these reports to CITY within three (3) days of 1.02 SECTION INCLUDES each incident. A. Responsibility for Work Security 1.05 PROTECTION OF WORK IN PROGRESS, MATERIALS AND EQUIPMENT B. Protection of Work in Progress, Materials and Equipment A. Contractor shall be responsible for and shall bear any and all risk of loss or C. Protection of Existing Property damage to work in progress,all materials delivered to the site,and all materials and equipment involved in the Work until D. Security Program completion and final acceptance of Work under this Contract. Excluded from E. Entry Control Contractor's responsibility is any loss or damage that results from the sole active F. Personnel Identification negligence of the CITY or its representatives. G. Security Service 1.06 PROTECTION OF EXISTING H. Miscellaneous Restrictions PROPERTY 1.03 RELATED SECTIONS A. Contractor shall so conduct its operations as not to damage, close, or obstruct any A. Section 01010 — Summary of utility installation,highway, road or other Project property until permits therefore have been obtained. If facilities are closed, B. Section 01500 - Temporary obstructed, damaged or rendered unsafe Facilities and Controls by Contractor's operations, Contractor shall, at its expense, make such repairs 1.04 RESPONSIBILITY OF WORK and provide temporary guards, lights and SECURITY other signals as necessary or required for safety and as will be acceptable to the A. Contractor shall, at its expense, at all CITY. times conduct all operations under the Contract in a manner to avoid the risk of B. Contractor shall conduct its operation so loss, theft or damage by vandalism, as not to damage any existing buildings or sabotage or other means to any property. structures.The Contractor shall verify that Contractor shall promptly take all means and methods of construction used reasonable precautions that are inside,adjacent to, under or over existing necessary and adequate against any buildings will not cause damage. The conditions that involve a risk of loss,theft Contractor shall provide protection or damage to its property,at a minimum. methods that are B. Contractor shall continuously inspect all its work, materials, Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1540-123 SECURITY/SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS Page 1 44 88 of 11 6 0 acceptable to the CITY. connection with any repairs or restoration necessary or required by reason of any C. Unless otherwise specifically provided such damage or unauthorized cutting in the Contract, Contractor shall not do shall be borne by Contractor. any work that would disrupt or otherwise interfere with the operation of any 1.07 SECURITY PROGRAM pipeline, telephone, electric, radio, gas, transmission line,ditch or other structure, A. At the Pre-Construction Meeting, the nor enter upon lands in their natural state CITY will make a final determination on until approved by the CITY. which, if any, of the following requirements are to be implemented. D. Thereafter, and before it begins such work, Contractor shall give due notice 1. Protect Work existing premises and to CITY of its intention to start such work. CITY's operations from theft, Contractor shall not be entitled to any vandalism,and unauthorized entry. extension of time or any extra compensation on account of any 2. Initiate program at project postponement, interference or delay mobilization. caused by any such line,ditch or structure on or adjacent to the site of work. 3. Maintain program throughout E. Contractor shall preserve and protect construction period until CITY all cultivated and planted areas and acceptance precludes the need for vegetation such as trees, plants, shrubs Contractor security. and grass on or adjacent to the premises, 1.08 RESTRICTIONS which, as determined by CITY, do not reasonably interfere with the performance of this Contract. A. Do not allow cameras on site or photographs taken except by written F. Contractor shall be responsible for approval of the CITY. damage to any such areas and vegetation and for unauthorized cutting of trees and PART 2 PRODUCTS vegetation, including, without limitation, damage arising from the performance of Not Used. its work through operation of equipment or stockpiling of materials. All cost in PART 3 EXECUTION Not Used. END OF SECTION Bid No.081-2821-21-WWTP Sodium Hypochlorite Tanks Replacement SCO1540-124 SECURITY/SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS page 1444 -64'1 06 0 SECTION 01541 -SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS any pipeline, telephone, electric, radio, gas, transmission line, ditch or other PART 1 GENERAL structure, nor enter upon lands in their natural state until approved by the CITY. 1.01 RELATED SECTIONS Thereafter,and before it begins such work, Contractor shall give due notice to the A. Section 01010—Summary CITY of its intention to start such work. Contractor shall not be entitled to any B. Section 01500—Construction Facilities and Temporary extension of time or any extra Controls compensation on account of any postponement, interference or delay 1.02 RESPONSIBILITY OF WORK SECURITY caused by any such line,ditch or structure on or adjacent to the site of work. A. Contractor shall, at its expense, at all times conduct all operations under the Contract in a manner to D. Contractor shall preserve and protect all avoid the risk of loss,theft or damage by vandalism, cultivated and planted areas and vegetation sabotage or other means to any property.Contractor such as trees,plants,shrubs and grass on or shall promptly take all reasonable precautions that adjacent to the premises, which, as are necessary and adequate against any conditions determined by the CITY, do not reasonably that involve a risk of loss, theft or damage to its interfere with the performance of this property, at a minimum. Contractor shall Contract. continuously inspect all its work, materials, equipment and facilities to discover and determine E. Contractor shall be responsible for any such conditions and shall be solely responsible damage to any such areas and vegetation for discovery, determination and correction of any and for unauthorized cutting of trees and such condition. vegetation, including, without limitation, damage arising from the performance of its B. Contractor shall prepare and maintain accurate work through operation of equipment or reports of incidents of loss, theft or vandalism and stockpiling of materials. All cost in shall furnish these reports to CITY within three (3) connection with any repairs or restoration days of each incident. necessary or required by reason of any such damage or unauthorized cutting shall 1.03 PROTECTION OF WORK IN PROGRESS, MATERIALS be borne by Contractor. AND EQUIPMENT F. Surface or subsurface water or other fluid A. Contractor shall be responsible for and shall bear shall not be permitted to accumulate in any and all risk of loss or damage to work in excavations or under, over, or in the progress, all materials delivered to the site, and all structures. Should such conditions materials and equipment involved in the Work until develop or be encountered, the water or completion and final acceptance of Work under this other fluid shall be controlled and suitably Contract. Excluded from Contractor's responsibility disposed of in accordance with local,state, is any loss or damage that results from the sole and federal law, rules and regulations, by active negligence of the CITY or its representatives. means of temporary pumps, piping, drainage lines and ditches, dams or other 1.04 PROTECTION OF EXISTING PROPERTY methods at the sole expense of the Contractor and approved by the CITY in A. Contractor shall so conduct its operations as not to writing. Refer to Special Conditions 01100 damage, close, or obstruct any utility installation, SUMMARY OF PROJECT and 02300 highway, road or other property until permits EARTHWORK for additional details and therefore have been obtained. If facilities are closed, requirements. obstructed, damaged or rendered unsafe by Contractor's operations, Contractor shall, at its 1.05 SECURITY PROGRAM expense, make such repairs and provide temporary guards, lights and other signals as necessary or A. Initiate program at project mobilization. required for safety and as will be acceptable to the CITY. B. Protect Work existing premises and CITY's operations from theft, vandalism, and B. Contractor shall conduct its operation so as not to unauthorized entry. damage any existing buildings or structures. The Contractor shall verify that means and methods of C. Maintain program throughout construction construction used inside, adjacent to, under or over period until Final Acceptance. existing buildings will not cause damage. The Contractor shall provide protection methods that are D. Refer to the CITY's Contract Documents acceptable to the CITY. for additional details, conditions and requirements. C. Unless otherwise specifically provided in the Contract,Contractor shall not do any work that would 1.06 ENTRY CONTROL disrupt or otherwise interfere with the operation of Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 01541-125 Security and Safety Procedures For Water Treatment Plant Projects Page 1442 of 1 06 0 A. Restrict entrance of persons and vehicles into Project B. Contractor will protect workers, site and existing facilities. inspectors and other related site personnel from injury. B. Allow entrance only to authorized persons with proper identification. C. Initiate program at project mobilization. C. Maintain log of workers and visitors;make available to D. Maintain program throughout CITY on request. construction period until CITY acceptance precludes the need for D. Maintain only one point of ingress / egress with a Contractor safety program. check-in point manned by a security service. E. Contractor's personnel and their E. Contractor will provide, monitor, and maintain lunch subcontractors shall wear reflective and break areas, restroom facilities, vehicle parking safety vests and hard hats at all times areas,material storage/staging areas,and equipment while working on the project site and storage areas. Contractor will provide a site plan for shall exercise care in performing approval prior to mobilization. duties under the Contract. When the cutting of materials is required, 1.07 PERSONNEL IDENTIFICATION personnel shall also wear protective eyewear and hearing protection. A. Contractor will perform or provide certification that they have performed criminal background checks on their PART 2-PRODUCTS-Not Used. personnel working on site,including all subcontractors. PART 3—EXECUTION-Not Used. B. Provide identification (ID) badge to each person authorized to enter premises. Badge will be worn in a highly visible location. END OF SECTION C. Badge to Include: Personal photograph, name and assigned number and employer. D. Maintain a list of authorized persons and submit copy to CITY on request. E. Require return of badges at expiration or termination of their employment. F. Contractor employees will wear common brightly solid colored "company"shirts for easy recognition. Visitors, sales people, suppliers, inspectors, and other similar personnel will wear similar brightly colored vests for easy identification. 1.08 SECURITY SERVICE A. Employ a licensed,uniformed,bonded patrol service equipped with radios or cell phones to provide surveillance of site on a to be determined hour basis. Security will be present at all times when Contractor's personnel are present, including deliveries, inspections, or when site work is being performed.ID's will be checked,license plates will be recorded, people will be logged in and out, and contents of delivery vehicles and delivered items will be verified. 1.09 RESTRICTIONS A. Do not allow cameras on site or photographs to be taken except by prior written approval of the CITY. 1.10 SAFETY PROGRAM A. Contractor will submit their safety program to demonstrate compliance with all applicable safety(OSHA)regulations. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 01541-126 Security and Safety Procedures For Water Treatment Plant Projects Page 1449 OF 1 -06 0 SECTION 01568-TEMPORARY EROSION AND SEDIMENTATION CONTROL PART 1 -GENERAL deteriorate and filter stone which is 1.01 DESCRIPTION dislodged shall be replaced. A. Scope of Work: 3.02 PERFORMANCE 1. The Work specified in this Section consists of A. Should any of the temporary erosion and designing,providing,maintaining and removing sediment control measures employed by the Contractor fail to produce results which temporary erosion and sedimentation controls as required by rules and regulations and permit comply with the requirements of the State of Florida, the CITY or Consultant, conditions. Contractor shall immediately take 2. Temporary erosion controls include, but are not whatever steps are necessary to correct limited to, grassing, mulching,setting,watering the deficiency at its own expense. and reseeding on-site surfaces and soil and burrow area surfaces and providing interceptor END OF SECTION ditches at ends of berms and at those locations which will ensure that erosion during construction will be either eliminated or maintained within acceptable limits as established by the CITY. 3. Temporary sedimentation controls include, but are not limited to silt dams,traps,barriers,and appurtenances at the foot of sloped surfaces which will ensure that sedimentation pollution will be either eliminated or maintained within acceptable limits as established by the CITY. 4. Contractor is responsible for providing effective temporary erosion and sedimentation control and leaving them installed at completion of the Work. B. Related Work Described Elsewhere: 1. Site Clearing: Section 02230 2. Sedimentation and Erosion Control: Section 02270. PART 2-PRODUCTS 2.01 SEDIMENTATION CONTROL A. Bales shall be clean,seed-free cereal hay type. B. Netting shall be fabricated of material acceptable to the CITY. C. Filter stone shall be crushed stone which conforms to Florida Department of Transportation (FDOT) specifications. D. Concrete block shall be hollow, non-load bearing type. E. Concrete shall be exterior grade not less than 1-inch thick. PART 3-EXECUTION 3.01 SEDIMENTATION CONTROL A. Install and maintain silt dams, traps, barriers, and appurtenances as shown on the approved descriptions and working drawings. Hay bales which Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1568-127 TEMPORARY EROSION AND SEDIMENTATION CONTROL Page 1444 of 1 06 0 SECTION 01570—MAINTENANCE OF TRAFFIC PART 1 GENERAL during hours of low visibility to delineate traffic lanes and to guide traffic. 1.01 Contractor shall provide all labor,material and services to perform all operations required for 1.08 TRAFFIC SIGNS AND DEVICES the maintenance and protection of vehicular and pedestrian traffic in conformance to all A. At approaches to site and on site, install applicable FDOT laws and regulations and at crossroads, detours, parking areas, subject to acceptance and permits by Owner, and elsewhere as needed, to direct Palm Beach County and FDOT as applicable. construction and affected public traffic. The Contractor shall submit traffic control 1.02 REFERENCES through work zone plans based on FDOT Roadway and Traffic Design Standards, A. State of Florida Department of 2001 Edition(or latest edition). Transportation Standard Specifications for Road and Bridge Construction, B. Relocate as Work progresses, to Section 102, 2000 Edition (or latest maintain effective traffic control. edition) B. State of Florida Manual of Traffic Control 1.09 REMOVAL and Safe Practices for Street and Highway Construction, Maintenance and A. Remove equipment and devices when no Utility Operations longer required. C. The Manual of Uniform Traffic Control B. Repair damage caused by installation. Devices,latest edition 1.10 SPECIFIC TRAFFIC CONTROL D. CBB ROW Permit A. Contractor shall maintain through traffic 1.03 SUBMITTAL on all public roads at all times unless stated otherwise herein. A. Submit Traffic Control Plans, ROW Permit Applications and Construction B. Contractor shall maintain access to all Schedule to the Owner, Palm Beach vehicular driveways(public or private)at County(if applicable), and the FDOT (if all times. Contractor shall backfill and applicable)for review and acceptance 30 install temporary rock base as necessary days prior to the start of construction. in order to provide safe and functional access to all driveways. 1.04 SIGNS AND DEVICES C. Contractor shall coordinate with the A. Traffic Control and Informational Signs Police and Fire Departments for whom the Contractor will provide satisfactory B. Traffic Cones and Drums,and Lights access at all times. C. Traffic Controllers Equipment D. Contractor shall maintain, at the minimum, one travel lane, in each 1.05 CONSTRUCTION PARKING CONTROL direction, when performing work within the Palm Beach County Right-of-Way. A. Control vehicular parking to prevent 1.11 EXECUTION interference with public traffic and parking, access by emergency vehicles and Owner's operations. Contractor's A. The Contractor shall arrange its work to employee's personal vehicles shall NOT cause minimum disturbance to normal be parked "in and around" the project pedestrian and vehicular traffic;and shall site. Contractor's employee's personal be held responsible for providing and vehicles shall be parked at the storage maintaining suitable means of access yard. (including emergencies)to all public and private properties during all stages of the 1.06 TRAFFIC CONTROLERS construction. A. Provide trained and equipped traffic B. If it becomes necessary to block off an controllers to regulate traffic when entire street to vehicular traffic during construction operations encroach on construction (other than for an public traffic lanes. emergency situation), the Contractor must secure the written authorization of 1.07 LIGHTS the CITY and Palm Beach County or FDOT as acknowledged as a condition of A. Use approved barricades with lights the Right-of-Way (ROW) permit(s) prior Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1570-128 MAINTENANCE OF TRAFFIC Page 1445-ofl- 6 0 to completely blocking off the roadway. MEASUREMENT AND PAYMENT PROCEDURES. 1.12 UNIT PRICE—MEASUREMENT AND PAYMENT END OF SECTION A. Refer to Section 01025 - Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1570-129 MAINTENANCE OF TRAFFIC Page 1446 of 1 J-06 0 SECTION 01580-PROJECT IDENTIFICATION AND SIGNS B. Paint graphics in styles, sizes, and colors selected. PART 1 -GENERAL 3.02 MAINTENANCE 1.01 DESCRIPTION A. Maintain signs and supports in a neat, clean A. Scope of Work: condition; repair damages to structures, framing or signs. 1. Contractor shall furnish,install and maintain two(2) project signs. END OF SECTION 2. Contractor shall allow no other signs to be displayed. B. Related Requirements Described Elsewhere: 1. Summary of Project: Section SC01010. 1.02 PROJECT SIGNS A. One (1) painted sign with lettering, size, color and construction in accordance with the local requirements. B. Erect on each site at a location of high public visibility,as approved by the Consultant. C. Information to be included shall be as indicated on sample attached. 1.03 QUALITY ASSURANCE A. Sign Painter: Professional experience in type of work required. B. Finishes, Painting: Adequate to resist weathering and fading for three(3)year period. 1.04 SUBMITTALS A. An 11-inch by 17-inch color sketch of the Project sign shall be submitted to the Consultant for approval prior to final preparation of the project sign. PART 2-PRODUCTS 2.01 SIGN MATERIALS A. Structure and Framing: May be new or used, wood or metal, in sound condition, structurally adequate and suitable for specified finish. B. Sign Surfaces: Exterior softwood plywood with medium density overlay,standard large sizes to minimize joints. 1. Thickness: As required by standards to span framing members,to provide even,smooth surface without waves or buckles. C. Rough Hardware: Galvanized. D. Paint: Exterior quality. PART 3-EXECUTION 3.01 PROJECT IDENTIFICATION SIGNS A. Paint exposed surface of supports, framing and surface material; one coat of primer and one coat of exterior paint. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1580-130 PROJECT IDENTIFICATION AND SIGNS Page 144:7 of 1 06 C- Co U Q 0 Z O > N Q O N z¢ Oi U LL `,� Z 0 0 N o S _ H t Q N .Ln E (B E N to O X ` O E E cc N U LL ' xx >, �,MG"� N (B U) O O d C— c o co O Z E is U O a> a> E c U 00) N J O o (n m co cBa) O (j)> � .- in J E QO N U) Q O L J z �, ; X � m coZCo cn Ln i o In T co I~- O O 7070 0 . Z Q E E O J N (p N 0) 0) ' C to U m mL CoN W co coLL � o m o `o d U N ® .O co C v i 0] J d Q d NU) _ D W W QO O - N E O Z Q Q Z p 0 ® Z ® Z O oU U LU U �_ = CL W o n ® Z ° ® Z � E :3 3 U U a� " .Q C: O CLN �- 6 NQ W OQ W ( O ti U > ® Zd UZd � m . 00 U Co N o ® N Q `- o d. d � N O -2 (n '� m U m 0 SECTION 01600-MATERIAL AND EQUIPMENT PART 1 -GENERAL step or installation procedure unless specifically modified or exempted by 1.01 DESCRIPTION Contract Documents. A. Scope of Work: Material and equipment 1.03 TRANSPORTATION AND HANDLING incorporated into the Work: A. Contractor shall arrange deliveries of 1. Manufactured and fabricated products in accordance with progress products: schedules, coordinate to avoid conflict with work and conditions at the site. a. Design, fabricate and assemble in accord with the 1. Deliver products in undamaged best engineering and shop condition, in manufacturer's original practices. containers or packaging, with identifying labels intact and legible. b. Manufacture like parts of duplicate units to standard 2. Immediately on delivery, inspect sizes and gauges, to be shipments to assure compliance interchangeable. with requirements of Contract Documents and approved C. Two (2) or more items of the submittals, and that products are same kind shall be identical,by properly protected and undamaged. the same manufacturer. B. Contractor shall provide equipment and d. Products shall be suitable for personnel to handle products by methods service conditions. to prevent soiling or damage to products or packaging. e. Equipment capacities, sizes and dimensions shown or 1.04 STORAGE AND PROTECTION specified shall be adhered to unless variations are A. The Contractor shall furnish a covered, specifically approved in weather-protected storage structure writing. providing a clean, dry, non-corrosive environment for all mechanical 2. Do not use material or equipment equipment, valves, architectural items, for any purpose other than that for electrical and instrumentation which it is designed or specified. equipment, and special equipment to be incorporated into this Project. Storage or 1.02 MANUFACTURER'S INSTRUCTIONS FOR equipment shall be in strict accordance INSTALLATION with the"instructions for storage"of each equipment supplier and manufacturer A. When Contract Documents require that including connection of heaters, placing installation of Work shall comply with of storage lubricants in equipment, etc. manufacturer's printed instructions. Corroded, damaged or deteriorated Contractor shall obtain and distribute equipment and parts shall be replaced copies of such instructions to parties before acceptance of the Project. involved in the installation, including five Equipment and materials not properly (5)copies to the City. stored will not be included in a payment estimate. 1. Maintain one (1) set of complete instructions at the job site during B. Contractor shall store products in accord installation and until completion. with manufacturer's instructions, with seals and labels intact and legible. B. Contractor shall handle, install, connect, clean, condition and adjust products in 1. Store products subject to damage strict accord with such instructions and in by the elements in weather-tight conformity with specified requirements. enclosures. 1. Should job conditions or specified 2. Maintain temperature and humidity requirements conflict with within the ranges required by manufacturer's instructions, consult manufacturer's instructions. with Consultant for further instructions. 3. Store fabricated products above the ground, on blocking or skids, 2. Do not proceed with Work without prevent soiling or staining. Cover clear instructions. products which are subject to deterioration with impervious sheet C. Contractor shall perform work in coverings, provide adequate accordance with manufacturer's ventilation to avoid condensation. instructions. Do not omit any preparatory Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1600-132 MATERIAL AND EQUIPMENT Page 14,49 of 1 06 0 4. Store loose granular materials in a equipment supplied under this Contract well-drained area on solid surfaces within seven(7)days after written notice to prevent mixing with foreign to do so has been given,the CITY retains matter. the right to correct all deficiencies noted in previously transmitted written notice C. All materials and equipment to be and deduct the cost associated with incorporated in the Work shall be these corrections from the Contractor's handled and stored by the Contractor Contract. These costs may be before, during and after shipment in a comprised of expenditures for labor, manner to prevent warping, twisting, equipment usage, administrative, bending, breaking,chipping,rusting,and clerical,engineering and any other costs any injury, theft or damage of any kind associated with making the necessary whatsoever to the material or equipment. corrections. D. Contractor shall store under a roof or off 1.05 STORAGE AND HANDLING OF the ground cement, sand and lime, and EQUIPMENT ON SITE shall be kept completely dry at all times. All structural and miscellaneous steel, A. Because of the long period allowed for and reinforcing steel shall be stored off construction, special attention shall be the ground or otherwise to prevent given to the storage and handling of accumulations of dirt or grease, and in a equipment on site. As a minimum, the position to prevent accumulations of procedure outlined below shall be standing water and to minimize rusting. followed by Contractor: Beams shall be stored with the webs vertical. Precast concrete beams shall 1. All equipment having moving parts be handled and stored in a manner to such as gears, electric motors, etc. prevent accumulations of dirt, standing and/or instruments shall be stored water, staining, chipping or cracking. in a temperature and humidity Brick, block and similar masonry controlled building approved by the products shall be handled and stored in a Consultant, until such time as the manner to reduce breakage, chipping, equipment is to be installed. cracking and spalling to a minimum. 2. All equipment shall be stored fully E. All materials,which, in the opinion of the lubricated with oil, grease, etc. Consultant, have become so damaged unless otherwise instructed by the as to be unfit for the use intended or manufacturer. specified, shall be promptly removed by the Contractor from the site of the Work, 3. Manufacturer's storage instructions and the Contractor shall receive no shall be carefully studied by the compensation for the damaged material Contractor and reviewed with the or its removal. Consultant by him. These instructions shall be carefully F. Contractor shall arrange storage in a followed and a written record of this manner to provide easy access for kept by the Contractor. inspection. Make periodic inspections of stored products to assure that products 4. Moving parts shall be rotated a are maintained under specified minimum of once weekly to insure conditions, and free from damage or proper lubrication and to avoid deterioration. metal-to-metal "welding". Upon installation of the equipment, the F. Protection After Installation: Contractor Contractor shall start the shall provide substantial coverings as equipment, at least half the load, necessary to protect installed products once weekly for an adequate period from damage from traffic and subsequent of time to insure that the equipment construction operations. Remove does not deteriorate from lack of covering when no longer needed. use. H. The Contractor shall be responsible for 5. Lubricants shall be changed upon all material,equipment and supplies sold completion of installation and as and delivered to the CITY under this frequently as required thereafter Contract until final inspection of the Work during the period between and acceptance thereof by the CITY. In installation and acceptance. the event any such material, equipment Mechanical equipment to be used in and supplies are lost,stolen,damaged or the Work, if stored for longer than destroyed prior to final inspection and ninety (90) days, shall have the acceptance,the Contractor shall replace bearings cleaned, flushed and same without additional cost to the CITY. lubricated prior to testing and startup,at no extra cost to the CITY. I. Should the Contractor fail to take proper action on storage and handling of 6. Prior to acceptance of the Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1600-133 MATERIAL AND EQUIPMENT Page 1458 of 06 equipment, the Contractor shall have the manufacturer inspect the equipment and certify that its condition has not been detrimentally affected by the long storage period. Such certifications by the manufacturer shall be deemed to mean that the equipment is judged by the manufacturer to be in a condition equal to that of equipment that has been shipped, installed, tested and accepted in a minimum time period. As such, the manufacturer will guarantee the equipment equally in both instances. If such a certification is not given, the equipment shall be judged to be defective. It shall be removed and replaced at the Contractor's expense. 1.06 SPARE PARTS A. Spare parts for certain equipment provided under Divisions 11: Equipment; 13: Special Construction; 15: Mechanical; and 16: Electrical have been specified in the pertinent sections of the Technical Specifications. The Contractor shall collect and store all spare parts so required in an area to be designated by the Consultant. In addition, the Contractor shall furnish to the Consultant an inventory listing all spare parts, the equipment they are associated with, the name and address of the supplier, and the delivered cost of each item. Copies of actual invoices for each item shall be furnished with the inventory to substantiate the delivered cost. 1.07 GREASE, OIL AND FUEL A. All grease,oil and fuel required for testing of equipment shall be furnished with the respective equipment. The CITY shall be furnished with a year's supply of required lubricants including grease and oil of the type recommended by the manufacturer with each item of equipment supplied. B. The Contractor shall be responsible for changing the oil in all drives and intermediate drives of each mechanical equipment after initial break-in of the equipment, which in no event shall be any longer than three (3) weeks of operation. PART 2-PRODUCTS(NOT USED) PART 3-EXECUTION(NOT USED) END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1600-134 MATERIAL AND EQUIPMENT 06 0 SECTION 01630-SUBSTITUTIONS AND PRODUCT OPTIONS PART 1 —GENERAL one product and manufacturer, there is no option and no substitution will be 1.01 REQUIREMENTS INCLUDED allowed. A. Contractor shall furnish and install 1.05 SUBSTITUTIONS products specified under options and conditions for substitutions stated in this A. Within a period of thirty (30) days after Section. award of Contract, City will consider formal requests from the Contractor for 1.02 RELATED REQUIREMENTS substitution of products in place of those specified: A. Information for Bidders and General Conditions. 1. After the end of that period, the request will be considered only in B. Section SCO1410: Testing Laboratory case of product unavailability or Services. other conditions beyond the control of the Contract Documents: C. Section SCO1650: Start-up. B. Submit a separate request for each D. Section SCO1700: Contract Closeout. substitution. Support each request with: 1.03 PRODUCTS LISTED 1. Complete data substantiating compliance of the proposed A. Within thirty (30) days after award of substitution. Support each request Contract, submit to City six(6)copies of with: complete list of major products which are proposed for installation. a. Product identification, including manufacturer's name B. Tabulate products by specification and address. section number and title. b. Manufacturer's literature; C. For products specified only by reference identify: standards, list for each such product: 1) Product description. 1. Name and address of manufacturer. 2) Reference standards. 2. Trade name. 3) Performance and test 3. Model or catalogue designation. data. 4. Manufacturer's data: C. Samples,as applicable. a. Reference standards. b. Performance test data. d. Name and address of similar projects on which product has 1.04 CONTRACTOR'S OPTIONS been used, and the date of each installation. A. For products specified only by reference standard, select product meeting that 2. Itemized comparison of the standard, by any manufacturer. proposed substitution with product specified;list significant variations. B. For products specified by naming several products or manufacturers, select any 3. Data relating to changes in the one of those products and manufacturers construction schedule. named which complies with Specifications. 4. Any effect of the substitution on separate contracts. C. For products specified by naming only one or more products or manufacturers 5. List of changes required in other and stating"or equal",select one of those work or products. named products or manufacturers. After award of Contract, submit a request as 6. Accurate cost data comparing for substitutions, for any product or proposed substitution with product manufacturer which is not specifically specified. named. 7. Designation of required license fees D. For products specified by naming only or royalties. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1630-135 SUBSTITUTIONS AND PRODUCT OPTIONS 06 0 8. Designation of availability of 5. It will pay all costs, resulting under maintenance services and sources separate contracts, which result of replacement materials. from the substitution. C. Substitutions will not be considered for 6. It will pay all engineering costs for acceptance when: redesign or revision of the Contract Documents. 1. They are indicated or implied on Shop Drawings or product data 7. Cost data is complete and includes submittals without a formal request related costs under this Contract, from Contractor. but not: 2. They are requested by anyone a. Costs under separate other than Contractor. contracts. 3. Submitted without data relating to b. Consultant's costs of redesign changes in construction schedule. or revision of Contract 4. Any effect of substitution on Documents. separate contracts is not included. 1.07 CONSULTANT DUTIES 5. A list of changes required in other work or products is not included. A. Review Contractor's requests for substitutions with reasonable 6. Accurate cost data comparing promptness. proposed substitution with product specified is not included. B. Notify Contractor in writing of decision to accept or reject requested substitution. 7. Designation of required license fees or royalties is not included. PART 2—PRODUCTS (NOT USED) 8. Designation of availability of maintenance services, sources of PART 3—EXECUTION (NOT USED) replacement materials is not included. END OF SECTION 9. Acceptance will require substantial revision of Contract Documents. D. Substitute products shall not be ordered or installed without written acceptance of Consultant. E. City will determine the acceptability of proposed substitutions. Contractor shall pay all costs associated with Consultant's review. 1.06 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution Contractor represents that: 1. It has investigated the proposed product and has determined that it is equal to or superior in all respects to that specified. 2. It will provide same warranties or bonds for substitution as for product specified. 3. It will coordinate installation of accepted changes as may be required for the Work to be complete in all respects. 4. It waive claims for additional costs caused by substitution which may subsequently become apparent. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1630-136 SUBSTITUTIONS AND PRODUCT OPTIONS Page 1459 of 1 06 0 SECTION 01650-START-UP PART 1 -GENERAL 3.02 START UP 1.01 DESCRIPTION A. Confirm that all equipment is properly energized,that the valves are set to their A. Scope of Work: Contractor shall normal operating condition and that the demonstrate to CITY and City that the flow path through the new work is Work functions as a complete and unobstructed. operable system under normal and emergency operating conditions. B. Slowly fill each hydrostatic structure in the process flow stream with water. B. Related Work Described Elsewhere: C. Initiate start up in accordance with the 1. Progress Schedules: Section plant operation and maintenance SC01310. manual. 2. Contract Closeout: Section D. Observe the component operation and SC01700. make adjustments as necessary to optimize the performance of the Work. 3. Operating and Maintenance Data: Section SC01730. E. Coordinate with CITY for any adjustments desired or operational PART 2-PRODUCTS problems requiring debugging. 2.01 START-UP PLAN F. Make adjustments as necessary. A. Submit for City approval a detailed Start- 3.03 START-UP DEMONSTRATION AND Up Plan outlining the schedule and TESTING sequence of all tests and start-up activities, including training and A. After all Work components have been equipment manufacturer representative constructed,field tested and started-up in visits. Start-up and commissioning may accordance with the individual not begin until the plan is approved. specifications and manufacturer requirements, perform the Start-Up PART 3-EXECUTION Demonstration and Testing in the presence of the Consultant and the CITY. 3.01 COMPONENT TEST AND CHECK-OUT The demonstration shall be held upon completion of all systems at a date to be A. Start-up Certification: Prior to system agreed upon in writing by the CITY or his start-up, Contractor shall successfully representative. complete all the testing required of the individual components of the Work. B. The start-up testing will be conducted for Submit five (5) copies of CHECK-OUT seven (7) consecutive days. The Work MEMO signed by Contractor or must operate successfully during the subcontractor and the manufacturer's seven (7) day testing period in the representative. All copies of the manner intended. If the Work does not Operation and Maintenance Manuals operate successfully, or if the start-up is must be provided before start-up may interrupted, the problems will be begin. These forms shall be completed corrected and the test will start over from and submitted before Instruction in day one. Operation to CITY or a request for final inspection. C. During the start-up demonstration period, operate the Work, instruct designated B. Demonstrate to the City that all plant operating personnel in the function temporary jumpers and/or bypass have and operation of the work, and cause been removed and that all of the various operational circumstances to components are operating under their occur. As a minimum, these own controls as designated. circumstances will include average and peak daily flows, random equipment C. Coordinate start up activities with the failures, tank overflows, surcharges and CITY's operating personnel and with the bypasses. Demonstrate the essential Consultant prior to commencing system features of the equipment and its start-up. relationship to other equipment. Prior to the substantial completion, the D. Provide seventy-two (72) hour notice of Contractor shall submit a detailed intent to start-up. schedule of operational circumstances. Coordination of the various contract Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1650-137 START-UP Page 1454 of 1 06 0 schedules will be accomplished through a. Electrical power equipment. the Consultant. b. Motor control centers. D. Acceptability of the Work's performance will be based on the Work performing as C. Motor control devices. specified, under these actual and simulated operating conditions as d. Relays. defined in the Contract Documents. The intent of the start-up demonstration and e. Special transformers. testing is for the Contractor to demonstrate to the CITY and the f. Starting devices. Consultant that the Work will function as a complete and operable system under 2. Lighting fixtures (including normal as well as emergency operating relamping and replacing lenses). conditions and is ready for acceptance. a. Exit and safety fixtures. E. Demonstrate the essential features of all the mechanical systems including, but b. Fixtures, indoor and outdoor. not limited to,the following as they apply to the Work. Each system shall be C. Floodlighting. demonstrated once only, after completion of testing. 3. Panelboards. 1. Variable frequency drives a. Distribution panels. b. Lighting panels. 2. Chlorination equipment C. Main panels, power panels. 3. Recarbonation System d. Switchboard. 4. Control Systems 4. Transfer switch. 5. Relocated Pumping Systems 5. Wiring devices. 6. Valves a. Face plates. 7. Ventilation system b. Low-voltage controls. C. Outlets: convenience, special 8. Air conditioning system purpose. d. Switches: regular,time. 9. Security system G. Certificate of Completed Demonstration Form F. Demonstrate the essential features of all (Section 00866): Submit five (5) copies of electrical systems including, but not Certificate of Completed Demonstration, limited to, the following as they apply to signed by the Contractor, Subcontractor and the work: CITY and insert one (1) copy in each Operation and Maintenance Manual. 1. Electrical systems controls and equipment. END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1650-138 START-UP Page 1455 of 1 J-06 0 SECTION 01700-CONTRACT CLOSEOUT PART 1 -GENERAL completeness of the Project and readiness of the facility for 1.01 DESCRIPTION occupancy. A. Scope of Work: Contractor shall comply 2. Prepare and deliver to CITY a with requirement stated in Conditions of Certificate of Substantial the Contract and in specifications for Completion with the punchlist of administrative procedures in closing out items to be completed or corrected the Work. before final inspection. B. Related Requirements Described 1.03 FINAL INSPECTION Elsewhere: A. Prior to Contractors request for a final 1. Cleaning: Section SCO1710 inspection the following submittals and Work must be complete: 2. Project Record Documents:Section 1. Project Record Documents must be SCO1720 approved. 3. Operating and Maintenance Data: 2. Equipment and systems have been Section SC01730 tested in the presence of the CITY's 4. Warranties and Bonds: Section representative and are operational SC01740. and training,when applicable. 1.02 SUBSTANTIAL COMPLETION 3. All punchlist items have been corrected. A. The Work will not be substantially B. The City will, within reasonable time, complete, and Contractor may not make an inspection to verify the status of request substantial completion completion with reasonable promptness inspection unless the following after receipt of Contractor's request. submittals and work is completed: 1. All work specified herein and shown C. Should the City consider that the Work is on the drawing is complete. incomplete or defective: 2. Project Record Documents have 1. The City will promptly notify the been submitted and reviewed to the Contractor in writing, listing the requirements of Section SC01720. incomplete or defective work. 3. All deficiencies noted on inspection 2. Contractor shall take immediate reports or non-conformances are steps to remedy the stated corrected or the correction plan deficiencies, and send another approved. written certification to the Consultant that the Work is 4. Contractor to submit evidence of complete. compliance with the requirements of 3. The City will within a reasonable governing authorities. amount of time, reinspect the Work B. When the conditions of paragraph 1.02 and the Contractor shall be liable for A. are met the Contractor shall submit to reinspection fees as described in the Consultant: paragraph 1.04. 1. A written notice that it considers the D. When the City finds that the Work is Work, or portion thereof, is acceptable under the Contract substantially complete,and request Documents, the Contractor may make an inspection. closeout submittals. C. Within a reasonable time after receipt of 1.04 REINSPECTION FEES such notice,the Consultant will make an A. Should the City perform reinspections inspection to determine the status of due to failure of the Work to comply with completion. the claims of status of completion made D. When the Consultant finds that the Work by the Contractor: is substantially complete,Consultant will: 1. Contractor will compensate the 1. Attend a Substantial Completion CITY for such additional services. walk-through of the facility to 2. CITY will deduct the amount of such include the CITY, Contractor and compensation from the final Consultant and/or Engineer of payment to the Contractor. Record to determine the Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1700-139 CONTRACT CLOSEOUT Page 1456 of 1 06 0 4. Previous payments. 1.05 CONTRACTOR'S CLOSEOUT SUBMITTALS 5. Sum remaining due. A. Warranties and Bonds: To requirements of Section SC01740. C. City will prepare a final Change Order, reflecting approved adjustments to the B. Evidence of Payment and Release of Contract Sum which were not previously Liens: To requirements of General and made by Change Orders. Supplementary Conditions. 1.07 FINAL APPLICATION FOR PAYMENT C. Certificate of Insurance for Products and Completed Operations. A. Contractor shall submit the final Application for Payment in accordance D. Final Application for Payment with procedures and requirements stated in the Conditions of the Contract. E. Certificate of Substantial Completion. 1.08 RECORD DOCUMENT SUBMITTAL F. Certificate of Final Inspection, Testing, REQUIREMENTS and Acceptance A. Submit data on 8 '/z x 11inch pages in G. Closeout of all applicable permits: three-ring binders with durable covers. 1. State or other jurisdictional permits (as applicable): B. Prepare binder cover and binder spine a. FDOT with printed title"RECORD DOCUMENT b. LWDD MANUAL", title of project, and subject C. SFWMD matter of binder when multiple binders d. USACE are required. e. FEC f. CSX C. Internally subdivide the binder contents 2. PBC ROW/MOT with permanent page dividers and tabs. 3. PBC Health Department 4. PBC Building Department D. Contents: Prepare a Table of Contents 5. City of Boynton Beach — Right-of- as follows: Way(ROW) 6. City of Boynton Beach Building 1. Part 1: Directory, listing names, Department addresses,and telephone numbers of Engineer, Contractor, 1.06 FINAL ADJUSTMENT OF ACCOUNTS Subcontractors and major equipment suppliers. A. Submit a final statement of accounting to 2. Part 2: Project documents and the City. certificates, including the following: a. Certificate of Substantial B. Statement shall reflect all adjustments to Completion with signed-off the Contract Sum: Substantial Completion punchlist. 1. The original Contract Sum. b. Certificate of Final Acceptance. 2. Additions and deductions resulting C. Warranty of Title,form WT-1 from: d. Final Release of Lien e. Pre- and Post-construction a. Previous change orders or videos and photographs on written amendment. DVD or CD. f. Certifications of closeout of all b. Allowances. applicable permits (NPDES, PBC Health Department, C. Unit prices. SFWMD, LWDD, PBC or CBB Building Permits,etc.) d. Deductions for uncorrected work. E. Submit Operation and Maintenance(O& M)Manuals for all equipment. The O&M e. Deductions for liquidated Manuals shall include the following damages. information: a. Manufacturer's name,address,and f. Deductions for reinspection telephone number. payments. b. List of equipment C. Parts list for each component g. Other adjustments. d. Operating instructions e. Maintenance instructions for 3. Total Contract Sum,as adjusted. equipment and systems. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1700-140 CONTRACT CLOSEOUT Page 1.45:7 of 06 F. Submit to the CITY,one(1)draft copy of the RECORD DOCUMENT MANUAL fifteen (15) days prior to the request for Final Inspection, Testing and Acceptance. This copy will be reviewed and returned prior to Final Inspection, Testing and Acceptance,with the CITY's comments. Revise content of all document sets as required. G. Submit one(1)revised FINAL RECORD DOCUMENT MANUAL and six (6) sets for all Operation and Maintenance Manuals,within ten(10)days after Final Inspection,Testing and Acceptance. . PART 2-PRODUCTS(NOT USED) PART 3-EXECUTION 3.1 CLOSEOUT PROCEDURES A. Submit written certification that the Work has been completed in accordance with Contract Documents and is ready for the Substantial Completion and/or Final Completion walk-throughs. B. Provide submittals to the CITY that are required by governing or permitting authorities such as Palm Beach County Health Department, Palm Beach County Traffic/Land Development, FDOT,etc. in order to closeout the project. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and full release of retainage. D. Final payment and release of retention with NOT be made until the RECORD DOCUMENT MANUALS, Operation and Maintenance Manuals, and the"AFTER" photographic survey, video, and photographs on DVD/CD have been received and accepted by the CITY. END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1700-141 CONTRACT CLOSEOUT 06 0 SECTION 01705-RECORD DRAWING REQUIREMENTS A. The Contractor shall maintain full size PART 1 GENERAL (24"x36") field drawings to reflect the installed/accepted items of work as the 1.01 The terms "Record Drawing" and "As-Built Work progresses. Upon completion of Drawing"shall be synonymous. However,it is the Work,the Contractor shall submit two the CITY's preference to refer to these (2) sets of full size, signed and sealed drawings as"Record Drawings". The Record Record Drawings and one(1)CD or DVD Drawings are prepared by the Contractor and with the electronic PDF and AutoCAD are used to document the actual construction files(AutoCAD 2010 or newer format).All and other conditions noted in the Contract Record Drawings shall be generated with Documents. AutoCAD, and conversions from any other CAD platform to AutoCAD once the 1.02 REQUIREMENTS INCLUDE drawings are finished are not allowed. Points collected shall be generated with A. Contractor shall maintain at the site, a AutoCAD Land Desktop or AutoCAD record copy of: Civil 3D. An electronic set of the design drawings(including all pertinent XREF's, 1. Drawings CTB files, images, etc.)will be furnished to the Contractor by the design engineer 2. Approved Shop Drawings, Product at no cost. Data and Samples B. Contractor shall label each document, 3. Field Test Records "PROJECT RECORD DRAWING" in neat large printed letters, or by rubber 1.03 RELATED SECTIONS: stamp. A. Measurement and Payment — Section C. Contractor shall maintain documents in a SCO1025 clean, dry, legible condition and in good order. Do not use record documents for B. Shop Drawings, Work Drawings, and construction purposes. Samples—Section SC01340 D. Record information must be created C. Testing Laboratory Services — Section concurrently with construction progress. SCO1410 Contractor shall not conceal any work until required information is recorded. D. Substitutions and Product Options — E. Contractor shall make documents and Section SCO1630 samples available for inspection by CITY 1.04 RELATED REQUIREMENTS and CONSULTANT at all times. A. The completed final Record Drawings 1.06 RECORD DRAWINGS shall be certified by a Florida Registered A. Survey/GPS Points: All points shall be Land Surveyor. This certification shall collected via NAD83 FL State Plane consist of the surveyor's embossed seal coordinates and elevations collected via bearing his/her registration number, the the NAVD88 vertical datum. All drawings surveyor's signature and date (of the shall be in the proper coordinate base, survey)on each sheet of the drawing set coordinates shall be called out on the (including the cover and key sheet). drawings, and all field collected data shall Standard Detail sheets are not required be submitted in comma delimited text to be included in the Record Drawing set. electronic format. In addition, all Record Drawing sheets shall list the company name, business B. Record Drawings shall include complete address, and telephone number of surveyor. Additionally, the Record as installed information including paving Drawings shall meet all Minimum and drainage relative to pavement location; Technical Standards (MTS) concrete curb; gutter and sidewalks; requirements. elevations of surface drainage flows to insure proper routings of storm water B. AutoCAD computer generated progress runoff,location of inlets,manholes,outfalls, Record Drawings are required to be endwalls and control structures;as well as submitted with each Application for pipe inverts, top of grates, rim elevations, Payment. and other features that were constructed in the Project. New sidewalks and new or 1.05 MAINTENANCE OF RECORD DRAWINGS replaced driveway aprons shall be shown on final record drawings with actual as-built dimensions. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1705-142 RECORD DRAWING REQUIREMENTS Page 1459 of 06 0 C. The Record Drawings shall include complete as installed information of the a. Structure types, location with utility systems, (water,sanitary sewer and grade of rim and flow-line storm water systems) including service elevations. laterals, sample points, valves, backflow preventers, information relative to location b. Piping system type (water of manholes, valve pits (enclosures), wet main, gravity sewer, etc.), wells,lift stations,as well as the inverts and length,size and elevations. rim elevations,and any other features that were either constructed as part of the C. Utility type, length, size and project or discovered during the elevation in conflict structures construction of the project.Any and all As- Built utilities that vary from the design d. All maintenance access drawing set shall be moved spatially to its structures, valve pits, valves correct locations and reflected accordingly and hydrants within right-of in the AutoCAD, PDF, and hard copy way. Record Drawings. e. Critical spot elevations at high D. Dimensional ties to water lines shall be or low intersections and the provided, both horizontal and vertical,at a midpoint of all intersections. minimum of every 200 linear feet(If). Each water line dimensional tie shall include f. Sewer laterals. centerline stationing and be referenced to the nearest edge of roadway paving with 2. Pavement Marking and Signing elevation of the top of the pipe. Plans: Sign location where installed if different from plans. E. Contractor's Record Drawings shall include the key sheet/key map with exact I. Record Drawing shall include the following system pipe line and valve locations criteria at a minimum. indicated including GPS coordinates. 1. Record Drawings of water lines F. Computer generated Record Drawings shall include the following shall be submitted;data in tabular form will information: not be accepted. a. Top of pipe elevations and G. Additionally, Station & Offset and GPS horizontal location every 100 coordinates certified by the surveyor,shall linear feet(If). be provided for: b. Separation callouts between 1. Water Mains (including raw water water main, sanitary sewer as applicable): Valves, fittings, fire mains and laterals, reclaimed hydrants,permanent sample points, water and storm drainage service taps and meters. piping and structures. 2. Sanitary Sewers: - Manholes and C. Final elevations of surface cleanouts. feature including roadway crown, edge of pavement 3. Stormwater systems: Inlets, (roadway and sidewalk) and manholes and outfalls (including swale elevations every 200 MES). liner feet(If). 4. Force Mains:Valves and fittings. d. Station and Offset, GPS locations and elevations of 5. Reuse Mains: Valves, fittings, fittings, valves, fire hydrants, permanent sample points, service permanent sample points and taps and meters. water service taps and meters. 6. Wellfields:Wellheads and valves e. All tie-ins to existing lines shall be shown in an enlarged detail 7. General: Street light poles, hand- of the tie-in configuration. holds and pull boxes f. All water services H. Representative items of work that shall be shown on the Record Drawings as verified, 2. Record Drawings of all gravity changed or added are shown below: sanitary sewer lines include the following information: 1. Plans: a. Rims, inverts and length of piping between structures as well as slopes. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1705-143 RECORD DRAWING REQUIREMENTS Page 1468 of 1 06 0 b. Rock elevations shall be taken b. Separation callouts between at all locations where there is a water main, sanitary sewer finish grade elevation shown mains and laterals and storm on the design plans. drainage piping and structures. c. All catch basin and manhole rim /grate elevations shall be C. The stub ends of all sewer shown. laterals shall be located via GPS and if there are any d. Elevations around island areas cleanouts installed on the are required. sewer laterals then the invert elevation of these cleanouts e. As constructed elevations need to be obtained. shall be taken on all paved and unpaved swales prior to d. Lift station Record Drawings placement of asphalt and/or shall consist of top of wet well topsoil/sod, at enough elevation, invert elevation of intermediate points to confirm the incoming line, bottom of slope consistency and the wet well and of the conformance to the plan compound area. details. 3. Force main Record Drawings shall 7. Lake and canal bank Record be prepared the same as the water Drawings shall include a key sheet line Record Drawings. of the lake for the location of cross sections. Lake and canal bank 4. Reclaimed water Record Drawings cross sections shall be plotted at a shall be prepared the same as the minimum of every 100 linear feet(If) water line Record Drawings. and the top and bottom of slope/edge of water around the lake 5. Record Drawings of all storm water or canal, unless otherwise drainage systems shall include the specified. Record Drawings shall following information: consist of the location and elevation of the top of bank,edge of water and a. Structures, grate elevations, the deep cut line, with the distance inverts and diameter and between each shown on the length of pipe line between drawing. If there are contours structures, type of drainage indicated on the design plans,then system (conveyance and/or they shall be recorded as well. exfiltration) and weir elevations if applicable. a. Retention area Record Drawings elevations shall be b. Separation callouts between taken at the bottom of the water main, sanitary sewer retention area and at the top of mains and laterals and storm bank. If there are contours drainage piping and indicated on the design plans, structures. then they shall be recorded as well. C. Cross section (ROW to ROW) every 50 feet or critical change b. If a change is made via field in elevation and at each inlet order or deviation to any showing sidewalk, inlet grate structure, pipeline, etc., a new and/or top and bottom of location shall be noted on the swale/slope,edge of roadway, Record Drawings. The roadway crown, edge of Consultant may request roadway, grate and sidewalk additional Record Drawing elevations. information to verify horizontal or vertical locations. 6. All rock and asphalt Record Drawings for parking lot, roadways 1.07 SUBMITTAL and swales areas shall consist of the following: A. Record Drawings - As a condition precedent to the Contractor's request for a. Rock elevations at all high and Substantial Completion Inspection, the low points, and at enough Contractor shall furnish to CITY a intermediate points to confirm complete set of full size paper prints, slope consistency and every marked-up Record Drawings with 50'for roadways. "RECORD DRAWINGS" clearly printed on each sheet for review and approval and acknowledge the receipt of marked Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1705-144 RECORD DRAWING REQUIREMENTS Page 1461 of 1 06 0 up plans, comments that shall be record data must be added to the addressed before Final Completion. If legend and shown on each there was no change to the drawing, it plan/profile sheet. shall be marked"RECORD DRAWING— NO CHANGE" All final Record Drawing D. The electronic files submitted must be in sheets shall be certified, signed and PDF and AutoCAD 2010 or newer format. sealed by the Contractor's surveyor. All digital files are to be copied on CD or DVD. All fonts and line types shall be from B. Additionally, the Contractor shall certify the standard AutoCAD library. Any by stamping and signing each Record attachments to drawings (i.e., XREFs, Drawing sheet indicating the fact that it Images, CTB files, or any such attached has been reviewed and accepted. files) shall be written to CD or DVD. Original layer states shall be saved in C. Initially, two (2)signed and sealed paper AutoCAD prior to making any changes to prints are to be submitted to the Project drawings using the Layer State Manager Manager for review. Following review by under the Layer Properties Manager the Consultant and CITY, any comments dialog box. As a minimum requirement, are to be addressed. On final submission, electronic files must include all features the following items shall be provided: that were shown on the approved construction plans. 1. Two (2) sets of signed and sealed drawings (24 in. x 36 in.). If sent by E. When identified on the Schedule of Bid mail or courier,the drawings shall be Items as a separate pay item, Record packaged in properly sized shipping Drawings shall be paid for once the tubes. FINAL project Record Drawings have been submitted to and accepted by the 2. PDF and AutoCAD electronic files CITY and CONSULTANT. on CD or DVD. All proposed data must be crossed out and the computer generated As-Built data PART 2 PRODUCTS-Not Used. must be easily identified and put on AutoCAD layers other than those PART 3 EXECUTION-Not Used. used by the Design Engineer, with the text "ASB" preceding the layer name.A bold or different font and line END OF SECTION weight may be used. A sample of Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1705-145 RECORD DRAWING REQUIREMENTS 06 0 SECTION 01710—CLEANING PART 1 -GENERAL needed and dispose of at legal disposal areas away from the site. 1.01 DESCRIPTION C. Contractor shall coordinate and A. Scope of Work: Contractor shall execute cooperate with the CITY for the routine cleaning,during progress of the Work and collection of garbage, debris and recycle at completion of the Work. materials by assuring access to oversized vehicles. If access to the property owner 1.02 DISPOSAL REQUIREMENTS pick-up points,Contractor shall gather the collection bins, stage them in a pick-up area and then return to the individual A. Contractor shall conduct cleaning property owners after the garbage and/or and disposal operations to comply with recycle has been picked-up. codes, ordinances, regulations, and anti- pollution laws. 3.02 DUST CONTROL PART 2-PRODUCTS A. Clean interior spaces prior to the start of finish painting and continue cleaning on 2.01 MATERIALS an as-needed basis until paint is finished. A. Use only those cleaning materials B. Schedule operations so that dust and which will not create hazards to health other contaminants resulting from or property and which will not damage cleaning process will not fall on wet or surfaces. newly-coated surfaces. B. Use only those cleaning materials and 3.03 FINAL CLEANING methods recommended by manufacturer of the surface material to be cleaned. A. Employskilled workmenforfinal cleaning. C. Use cleaning materials only on surfaces B. Remove grease, mastic,adhesives,dust, recommended by cleaning material dirt, stains, fingerprints, labels, and other manufacturer. foreign materials from sight- exposed interior and exterior surfaces. PART 3-EXECUTION C. Prior to final completion, or Owner 3.01 DURING CONSTRUCTION occupancy, Contractor shall conduct an inspection of sight-exposed interior and A. Execute daily cleaning to keep the exterior surfaces and all work areas, to Work, the site and adjacent properties verify that the entire Work is clean. free from accumulations of waste materials, rubbish and windblown debris, END OF SECTION resulting from construction operations or personal activities. B. Remove waste materials, debris and rubbish from the site as Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1710-146 CLEANING Page 1469 OF 1 - 6 0 SECTION 01720-PROJECT RECORD DOCUMENTS PART 1 -GENERAL 1. Do not conceal any work until 1.01 IN-PROGRESS PROJECT RECORD required information is recorded. DOCUMENTS C. Drawings: Legibly mark to record actual A. All dimensions and annotations that are construction: noted below shall be included on the 1. Depths of various elements of progress and final Record Drawings. Contractor shall maintain on site one (1) foundation in relation to finish first record copy for the Consultant of the floor datum. following as it progresses: 2. Location of existing internal utilities 1. Drawings: and appurtenances concealed in the construction, referenced to a. Trench bottom elevations visible and accessible features of the structure. b. Top of bedding (when imported bedding is required) 3. Field changes of dimension and detail. C. Pipe invert at each structure 4. Changes made by Field Order or by d. Station and off-set Change Order. measurements including grate 5. Details not on original Contract elevations for structures. Drawings. e. GPS coordinates/notations 6. Equipment and piping relocations. f. Mapping of all soil density test results(pass and fail) D. Specifications and Addenda: Legibly mark each section to record: 2. Specifications 1. Manufacturer, trade name, catalog 3. Addenda. number of Supplier of each product and item of equipment actually 4. Change Orders and other installed. modifications of the Contract. 2. Product substitutions and alternates 5. Consultant's Field Orders or written utilized. instructions. 3. Changes made by Field Order or by 6. Approved Shop Drawings, Working Change Order. Drawings and Samples. 1.02 SUBMITTAL 7. Field Test records. A. At Contract closeout, deliver Record 8. Maintenance of Traffic(MOT)Plans Documents to the Consultant for the CITY. 9. Construction photographs. B. Accompany submittal with transmittal B. Related Requirements Described letter in duplicate,containing: Elsewhere: 1. Date. 1. Field Engineering: Section SC01050. 2. Project title and number. 2. Shop Drawings, Working Drawings 3. Contractor's name and address. and Samples: Section SC01340. 4. Title and number of each Record 3. Construction Photographs: Section Document. SC01380. 5. Signature of Contractor or his 4. Video and Photographic Site authorized representative. Survey: Section SCO1390 PART 2-PRODUCTS(NOT USED) 1.02 RECORDING PART 3-EXECUTION(NOT USED) A. Label each document "PROJECT RECORD"in neat large printed letters. END OF SECTION B. Record information concurrently with construction progress. Bid No.081-2821-21-WWTP Sodium Hypochlorite Tanks Replacement SCO1720-147 PROJECT RECORD DOCUMENTS Page 1464 of 1 06 0 SECTION 01730-OPERATING AND MAINTENANCE DATA PART 1 -GENERAL a. Provide reinforced 1.01 DESCRIPTION punched bindertab,bind in with text. A. Scope of Work: b. Reduce larger drawings 1. Contractor shall compile product data and fold to size of text and related information appropriate pages but not larger than for CITY's maintenance and 14 inches x 17 inches. operation of products furnished under Contract. 5. Provide fly-leaf for each separate product, or each piece of operating a. Prepare operating and equipment. maintenance data as specified in this Section and as a. Provide typed description of referenced in other pertinent projects and major component sections of Specifications. parts of equipment. 2. Contractor shall instruct CITY's b. Provide identified tabs. personnel in maintenance of products and in operation of equipment and 6. Cover: Identify each volume with systems. typed or printed title "OPERATING AND MAINTENANCE B. Related Requirements Described INSTRUCTIONS". List: Elsewhere: a. Title of Project. 1. Contract Closeout:Section SCO1700 b. Identity of separate structure as 2. Project Record Documents: Section applicable. SCO1720 C. Identity of general subject 1.02 QUALITY ASSURANCE matter covered in the manual. A. Preparation of data shall be done by C. Binders: personnel: 1. Commercial quality three-post 1. Trained and experienced in binders with durable and cleanable maintenance and operation of plastic covers. described products. 2. Maximum post width:2 inches. 2. Familiar with requirements of the Section. 3. When multiple binders are used, correlate the data into related 3. Skilled as technical writer to the consistent groups. extent required to communicate essential data. 1.04 CONTENT OF MANUAL 4. Skilled as draftsman competent to A. Neatly typewritten table of contents for prepare required drawings. each volume, arranged in systematic order. 1.03 FORM OF SUBMITTALS 1. Contractor, name of responsible A. Prepare data in form of an instructional principal, address and telephone manual for use by CITY's personnel. number. B. Format: 2. A list of each project required to be 1. Size: 8-1/2 inches x 11 inches. included, indexed to content of the volume. 2. Paper: 20 pound minimum, white,for typed pages. 3. List, with each project, name, address and telephone number of: 3. Text: Manufacturer's printed data,or neatly typewritten. a. Subcontractor or installer. 4. Drawings: Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1730-148 OPERATING AND MAINTENANCE DATA Page 1465 of 1 06 0 b. A list of each product required to be included, indexed to content A. Submit six(6)copies of complete manual of the volume. in final form to the CITY through the CONSULTANT. C. Identify area of responsibility of each. B. Content:for architectural products,applied materials and finishes: d. Local source of supply for parts and replacement. 1. Manufacturer's data, giving full information on products. 4. Identify each product by product name and other identifying symbols a. Catalog number, size, as set forth in Contract Documents. composition. B. Product Data: b. Color and texture designations. 1. Include only those sheets which are C. Information required for pertinent to the specific product. reordering special manufacturing products. 2. Annotate each sheet to: 2. Instructions for care and a. Clearly identify specific product maintenance. or part installed. a. Manufacturer's b. Clearly identify data applicable recommendation for types of to installation. cleaning agents and methods. C. Delete references to b. Cautions against cleaning inapplicable information. agents and methods which are detrimental to product. C. Drawings: C. Recommend schedule for 1. Supplement product data with cleaning and maintenance. drawings as necessary to clearly illustrate: C. Content, for moisture protection and weather-exposed products: a. Relations of component parts of equipment and systems. 1. Manufacturer's data, giving full information on products. b. Control and flow diagrams. a. Applicable standards. 2. Coordinate drawings with information in Project Record Documents to b. Chemical composition. assure correct illustration of completed installation. C. Details of installation. 3. Do not use Project Record 2. Instructions for inspection, Documents as maintenance maintenance and repair. drawings. D. Additional requirements for maintenance D. Written test, as required to supplement data: Respective sections of product data for the particular installation: Specifications. 1. Organize in consistent format under 1.06 MANUAL FOR EQUIPMENT AND SYSTEMS separate headings for different procedures. A. Submit five(5)copies of complete manual in final form to the CITY through the 2. Provide logical sequence of CONSULTANT. instruction of each procedure. B. Content, for each unit of equipment and E. Copy of each warranty, bond and service system,as appropriate: contract issued. 1. Description of unit and component 1. Provide information sheet for CITY's parts. personnel,give: a. Function, normal operating a. Proper procedures in event of characteristics, and limiting failure. conditions. b. Instances which might affect b. Performance curves, validity of warranties or bonds. engineering data and tests. 1.05 MANUAL FOR MATERIALS AND FINISHES Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1730-149 PROJECT RECORD DOCUMENTS 06 0 C. Complete nomenclature and commercial number of a. Function, normal operating replaceable parts. characteristics, and limiting conditions. 2. Operating procedures: b. Performance curves, a. Start-up, break-in, routine and engineering data and tests. normal operating instructions. C. Complete nomenclature and b. Regulation, control, stopping, commercial number of shut-down and emergency replaceable parts. instructions. 2. Circuit directories and panelboards. C. Summer and winter operating instructions. a. Electrical service d. Special operating instructions. b. Controls 3. Maintenance procedures: C. Communications a. Routine operations. 3. As installed color coded wiring diagrams. b. Guide to"trouble-shooting". 4. Operating procedures: C. Disassembly, repair and reassembly. a. Routine and normal operating instructions. d. Alignment, adjusting and checking. b. Sequences required. 4. Servicing and lubrication required. C. Special operating instructions. 5. Manufacturer's printed operating and 5. Maintenance procedures: maintenance instructions. a. Routine operations. 6. Description of sequence of operation by control manufacturer. b. Guide to"trouble-shooting". 7. Original manufacturer's parts list, C. Disassembly, repair and illustrations, assembly drawings and reassembly. diagrams required for maintenance. 6. Manufacturer's printed operating and a. Predicted life of parts subject to maintenance instructions. wear. 7. List of original manufacturer's spare b. Items recommended to be parts, manufacturer's current prices, stocked as spare parts. and recommended quantities to be maintained in storage. 8. As-installed control diagrams by controls manufacturer. 8. Other data as required under pertinent sections of specifications. 9. Each contractor's coordination drawings. D. Prepare and include additional data when the need for such data becomes apparent a. As-installed color coded piping during instruction of CITY's personnel. diagrams. E. Additional requirements for operating and 10. Charts of valve tag numbers, with maintenance data: Respective sections of location and function of each valve. Specifications. 11. List of original manufacturer's spare 1.07 SUBMITTAL SCHEDULE parts, manufacturer's current prices and recommended quantities to be A. Submit two(2)copies of completed data in maintained in storage. final form to the CITY through the CONSULTANT no later than thirty (30) 12. Other data as required under days following the Consultant's review of pertinent sections of specifications. the last shop drawing and/or other submittal specified under Section C. Content, for each electric and electronic SC01340. systems,as appropriate: 1. One copy will be returned with 1. Description of system and comments to be incorporated into component parts. final copies. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1730-150 PROJECT RECORD DOCUMENTS Page 146:7 of 1 06 B. Submit six(6)copies of approved manual in final form directly to the offices of the Consultant,within thirty(30)calendar days of product shipment to the project site and preferably within 30 days after the reviewed copy is received. C. Append six(6)copies of addendum to the operation and maintenance manuals as applicable and certificates as specified within thirty(30)days after final inspection and plant start-up test. 1.08 INSTRUCTION OF CITY'S PERSONNEL A. Fully instruct CITY's designated operating and maintenance personnel in operation, adjustment and maintenance of products, equipment and systems. B. Review operating and maintenance manual with CITY's operating and maintenance personnel in full detail to explain all aspects of operations and maintenance. C. A list shall be provided to the CITY detailing the date,time and attendees of all training sessions. PART 2-PRODUCTS(NOT USED) PART 3-EXECUTION(NOT USED) END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1730-151 PROJECT RECORD DOCUMENTS 06 0 SECTION 01740-WARRANTIES AND BONDS PART 1—GENERAL 1. Size 8-1/2 inches by 11 inches, punch sheets for standard three(3) 1.01 DESCRIPTION post binder. A. Scope of Work: a. Fold larger sheets to fit into binders. 1. Contractor shall compile specified 2. Cover: Identify each packet with warranties and bonds, as in Article typed or printed title 5 and 13 of the General Conditions "WARRANTIES AND BONDS". and as specified in these List: Specifications. B. Related Work Described Elsewhere: a. Title of Project. 1. General Conditions: Articles 5 and b. Name of Contractor. 13 C. Binders: Commercial quality, three (3) 2. Contract Closeout: Section post binder, with durable and cleanable SC01700. plastic covers and maximum post width of two(2)inches. 1.02 SUBMITTAL REQUIREMENTS 1.04 WARRANTY SUBMITTALS A. Assemble warranties, bonds and service REQUIREMENTS and maintenance contracts,executed by A. For all major pieces of equipment,submit each of the respective manufacturers, a warranty from the equipment suppliers,and subcontractors. manufacturer. The manufacturer's B. Number of original signed copies warranty period shall be concurrent with required: Two(2)each. the Contractor's for one (1)year, unless otherwise specified, commencing at the C. Table of Contents: Neatly typed, in time of final acceptance by the CITY. orderly sequence. Provide complete B. The Contractor shall be responsible for information for each item. obtaining certificates for equipment 1. Product of work item. warranty for all major equipment specified under technical specifications 2. Firm, with name of principal, for Divisions 11: Equipment; 13: Special address and telephone number. Construction; 15: Mechanical; and 16: Electrical and which has at least a 1 hp 3. Scope. motor or which lists for more than$1,000. The Consultant reserves the right to 4. Date of beginning of warranty, bond request warranties for equipment not or service and maintenance classified as major. The Contractor shall contract. still warrant equipment not considered to be "major" in the Contractor's one-year 5. Duration of warranty, bond or warranty period even though certificates service maintenance contract. of warranty may not be required. 6. Provide information for CITY's C. In the event that the equipment personnel: manufacturer or supplier is unwilling to provide a one (1) year warranty a. Proper procedure in case of commencing at the start of the Correction failure. Period, the Contractor shall obtain from the manufacturer a two(2)year warranty b. Instances which might affect commencing at the time of equipment the validity of warranty or delivery to the job site. This two(2)year bond. warranty from the manufacturer shall not relieve the Contractor of the one(1)year 7. Contractor, name of responsible warranty. principal, address and telephone D. The CITY shall incur no labor or number. equipment cost during the guarantee 1.03 FORM OF SUBMITTALS period. A. Prepare in duplicate packets. E. Guarantee shall cover all necessary labor, equipment and replacement parts B. Format: resulting from faulty or inadequate equipment design,improper assembly or Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1740-152 WARRANTIES AND BONDS Page 1469 of 1 06 0 erection, defective workmanship and PART 2-PRODUCTS(NOT USED) materials, leakage, breakage or other failure of all equipment and components furnished by PART 3-EXECUTION(NOT USED) the manufacturer. END OF SECTION Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1740-153 WARRANTIES AND BONDS 06 0 SECTION 01800-MISCELLANEOUS WORK AND CLEANUP 1 PART 1 -GENERAL Gravel drives shall be replaced and regraded. 1.01 DESCRIPTION B. The Contractor shall remove, store and A. Scope of Work: replace existing fences during construction.Only the sections directed 1. This Section includes operations by the Consultant shall be which cannot be specified in detail removed. If any section offence is as separate items but can be damaged due to the Contractor's sufficiently described as to the kind negligence, it shall be replaced with and extent to work involved. The fencing equal to or better than that Contractor shall furnish all labor, damaged, and the work shall be materials, equipment and satisfactory to the Consultant. incidentals to complete the work under this Section. 3.02 CLEAN UP 2. The work of this Section includes, but A. The Contractor shall remove all is not limited to,the following: construction material, buildings, equipment and other debris remaining on a. Restoring of driveways and the job as the result of construction fences. operations and shall render the site of the work in a neat and orderly condition. b. Cleaning up. 3.03 INCIDENTALWORK C. Incidental work. A. Do all incidental work not otherwise specified,but obviously necessary for the 2 PART 2-PRODUCTS proper completion of the contract as specified and as shown on the 2.01 MATERIALS Drawings. A. Materials required for this Section shall be of the same quality as materials that are to be restored. Where possible, the Contractor shall reuse existing materials that are removed and then END OF SECTION replaced. 3 PART 3-EXECUTION 3.01 RESTORING OF DRIVEWAYS AND FENCES A. Existing public and private driveways disturbed by the Contractor shall be replaced. Paved drives shall be repaved to the limits and thickness existing prior to construction. Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement SCO1800-154 MISCELLANEOUS WORK AND CLEAN UP Page 1417-1 OF 1 06 . :.......: BID NO. 081-2821-21 BID FORM TO BE COMPLETED F PROJECT NAME: WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT The City of Boynton Beach is seeking the services of a qualified Contractor to furnish, install and provide all labor to complete the City's project known as WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT. The work under this project consists of: Boynton Beach Utilities is seeking the services of a qualified Contractor to replace two existing Sodium Hypochlorite (SH) Tanks of about 17,000 gallon capacity each, built according to the Laminate Sequences in specifications of the existing tank, with a wind load of at least 140 mph. The work includes the hauling and disposal of the existing SH tanks, disposal of a third abandoned SH tank, furnishing and installation of two new SH tank and reconnection of piping according to original drawing design and appurtenances, and provide as-built drawings (CAD) if any changes to the configuration. Submitted By: Date: (BIDDER) To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5)years, in the State of Florida, and must be able to document the required experience upon request. 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety(90)days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10)days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including addenda. Receipt of all of which is hereby acknowledged; THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 155 06 b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the lump sum listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 5. BIDDER agrees that the WORK will be substantially completed within =1 consecutive calendar days after the receipt of the Notice to Proceed and final completion will occur within 30 consecutive calendar days after the Notice of Substantial Completion. 6. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the WORK on time. 7. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 8. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax I D# Federal Employment ID # Submitted on this day of 120 a. (If an individual, partnership, or non-incorporated organization) Signature of BIDDER By THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement 156 JOR_ b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON-CONFORMING AND INELIGILE FOR AWARD. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement 157 J,OR_ y r; WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT BID NO. 081-2821-21 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA TO BE ENTEREDINTO ! ING SITE NLIN ITEM SCO1025 DESCRIPTION EST UNIT UNIT VALUE NO Section QTY COST Bonds, Insurance &General 1 1.11.6 Requirements. Contractor shall be 1 LS $ limited to a maximum of eight percent(8%)of the total bid price 2 1.11.0 Indemnification 1 LS $25.00 34 1.11.D Surveyed As-built Record 1 LS $ Drawings (CAD File) 4 1.11.E Removal and Disposal of existing 3 LS $ Sodium Hypochlorite Tank Furnish and Install Sodium 5 1.11.F Hypochlorite Tank and 2 LS $ appurtenances 6 1.11.G Testing and Operation Training 1 LS $ TOTAL BID PRICE $ (In Numbers) THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement 158 06 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 , 20 , for: (WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT) NOW THEREFORE, A. If the principal shall not withdraw such 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 the principal 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 such 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 such 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. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 159 06 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals,this day of ,20_, 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 and State Name of Local Insurance Agency THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 160 06 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 such Bid Bond on behalf of the Principal, was then of such Corporation; that I know his signature, and his signature hereto is genuine; and that such bond was duly signed, sealed, and attested for and in behalf of such 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. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 161 06 CERTIFICATE AND AFFIDAVIT FOR BONDS TO: CITY OF BOYNTON BEACH COMMISSIONERS RE: Bid Number: 081-2821-21 Bidder: Name: Address: City/State: ZIP: Phone: Bond Amount: SURETY BOND COMPANY: Name: Address: City/State: ZIP: Phone: This is to certify that in accordance with Chapter 85-104, Laws of Florida (HB 1266) the insurer named above: 1. Holds a certificate of authority authorizing it to write surety bonds in the state of Florida; 2. Has twice the minimum surplus and capital required by the Florida Insurance Code; and 3. Holds a current valid certificate of authority issued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. Date Agent and Attorney-in-Fact THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 162 06 BIDDER'S QUALIFICATION STATEMENT TO BE COMPLETED ONLIN The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: 1. BIDDER'S True, exact, correct and complete Name, Principal Address, Phone, Email Address: 2. How many years has your organization been in business under its present business name? 3. Under what other former names has your organization operated? 4. Names and titles of all officers, partners or individuals doing business under trade name: 5. The business is a: Sole Proprietorship a Partnership a Corporation u 6. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: 7. What is the last project of this nature that you have completed? 8. Have you ever failed to complete work awarded to you. If so, when, where and why? 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 163 06 10. Indicate registration, License Numbers or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. 11. Will you sublet any part of this WORK? If so, give details. 12. State the name and address of Attorney, if any, for the business. 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%)of the Bidder's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses and the type of business of all firms that are partially or wholly owned by bidder: 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5)years? If yes, please explain below: 16. What will be your turnaround time for written responses to the City's inquires?. 17. Is the financial statement submitted with your bid (if applicable)for the identical organization name for Question #1? YES Li NO Li 18. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 19. List and describe all bankruptcy petitions (voluntary or involuntary)which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 164 06 case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 22. Bank References (include name,job title, address and telephone number of contact person)— Minimum 1 23. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work a +b): Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 25. Provide description of quality assurance/quality control management methods. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 165 06 The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. (Signed) (Title) Subscribed and sworn to before me This day of 12021 Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 166 06 y BIDDER'S SITE INSPECTION CONFIRMATION TO BE COMPLETED AN UPLOADED NLIN Check One: ❑ NON-MANDATORY ® MANDATORY BID TITLE: WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT BID NO.: 081-2821-21/TP as an authorized representative of: (Name and Title of Representative) (hereinafter called the bidder) located at (Name of Company) and that said Company Address bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. DATE OF SITE VISIT COMPANY REPRESENTATIVE SIGNATURE TITLE OWNER'S REPRESENTATIVE SIGNATURES FOR MANDATORY SITE INSPECTION THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 167 06 ANTI-KICKBACK AFFIDAVIT TO BE COMPLETED AN UPLOADED NLIN STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME -SIGNATURE Sworn and subscribed before me this day of 2021 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 168 Page 1485 of 1 J-06 NON-COLLUSION AFFIDAVIT OF PROPOSER TO BE COMPLETED AN UPLOADED NLIN State of ) County of ) being first duly sworn, deposes and says that: 1) He is of , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded,conspired, connived or agreed,directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 169 Page 1486 of 1 J-06 i p 4 CERTIFICATION PURSUANT TO FLORIDA STATUTE§287.135 TO BE COMPLETED AN UPLOADED NLIN I, on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute §287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 170 Page 148:7 of 1 J-06 As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE DATE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 171 Page 1488 v5f 1 J-06 i p 4 WARRANTIES TO BE COMPLETED AN UPLOADED NLIN In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid,which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 172 06 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this_day of ' 2021. (SEAL) CONTRACTOR: By ATTEST: Secretary THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 173 Page 1498 v5f 1 J-06 i p 4 TRENCH SAFETY ACT AFFIDAVIT TO BE COMPLETED ONLIN 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 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 174 Page 1491 OF 1 J-06 CITY OF BOYNTON BEACH E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE COMPLETED AN UPLOADED NLIN WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS Project Name: REPLACEMENT Solicitation No.: 081-2821-21 1. Definitions: "Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor"means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system"means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 175 Page 1492' of 1 06 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s.448.095(2)Fla.Stat.,shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a)or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of by_ on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.081-2821-21—WWTP Sodium Hypochlorite Tanks Replacement 176 06 y M DRAFT CONSTRUCTION CONTRACT WEST WATER TREATMENT SODIUM HYPOCHLORITE TANKS REPLACEMENT SUBJECT TO REVISIONS PRIOR TO SIGNING THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY', and , a corporation partnership sole proprietor authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of 2021, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: WEST WATER TREATMENT PLANT SODIUM HYPOCHLORITE TANKS REPLACEMENT, Invitation to Bid #081-2821-21. Article 2. CONSULTANT. City of Boynton Beach. ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 120 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-1 Revised 5/25/2021 Page 1494 of 1 06 legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, _TBD Dollars ($ ) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY _TBD Dollars ($ ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: (Written) (Numerical) Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5)of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-2 Revised 5/25/2021 Page 1495 of 1 06 to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 5. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one(1)year after completion of the WORK covered by this Contract. The CONTRACTOR,free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 6. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special/Supplemental Conditions 7.8 Technical Specifications 7.9 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utilities/new-construction) 7.10 Drawings entitled: Cover, 7.11 Addendum No. 1 Dated Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-3 Revised 5/25/2021 Page 1496 'IF i 06 Article 8. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations,or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. Article 9. 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. Article 10. 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 Article 11. 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. Article 12. 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. Article 13. 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. Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-4 Revised 5/25/2021 Page 149:7 of i 06 Article 14. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Article 15. TERMINATION. 15.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. 15.2 In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project,the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. Article 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. Article 17. NOTICES: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach City of Boynton Beach Utilities Department Finance Department Attn: Attn: Director of Finance 124 E. Woolbright Road 100 E. Ocean Avenue Boynton Beach, FL 33435 Boynton Beach, FL 33435 Tel (561) 742 Tel (561) 742-6310 Fax(561)742-6316 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR ADDRESS CITY/STATE/ZIP Attn: Tel: Email: Article 18. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-5 Revised 5/25/2021 Page 1498 of 1 06 Article 19. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 20. FLORIDA'S PUBLIC RECORDS LAW. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 20.1 Keep and maintain public records required by the CITY to perform the service; 20.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 20.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 20.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 20.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6061 GIBSONC@BBFL.US Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-6 Revised 5/25/2021 Page 1499 15F 1 S 06 Article 21. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 22. E-VERIFY 22.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary,wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary,wages,or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes,effective January 1,2021, Contractors,shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-7 Revised 5/25/2021 page 1 58A -6 4 06 subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 23. MISCELLANEOUS. 23.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 23.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-8 Revised 5/25/2021 Page 1581 OF 1 J-06 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: Jim Cherof Office of the City Attorney Attested/Authenticated: Crystal Gibson City Clerk Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement C-9 Revised 5/25/2021 Page 15BW22 of i 06 y M PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PFB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1)year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work,furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Principal (Seal) Witness Title Surety Witness Attorney-in-Fact END OF PERFORMANCE BOND Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PFB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 y M PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 2021, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90)days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Principal (Seal) Witness Surety Witness Attorney-in-Fact END OF PAYMENT BOND Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 y M CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 12021. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Bid No.081-2821-21—Boynton Beach Utilities—WWTP Sodium Hypochlorite Tanks Replacement WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT Page 158, 06 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 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense(any one person)$ 5,000.00 Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate -$1,000,000.00 -------------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos --------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined --------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease,Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 --------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Revised 04/2021 INSURANCE ADVISORY Page 1588 v5f 1 J-06 REVISED PLANS APPENDIX "A " WES T WA TER TREA TMEN T PLA N T SODIUM HYPOCHLORITE TANKS REPLA CEMEN T BID NO. 081-2821-21/TP 4 a — 1R l DRAWINGS/PLANS WWTP PLANT IMPROVEMENTS PHASE IV • CHEMICAL STORAGE TANKS FLUORIDE AND HYPOCHLORITE TANKS PLANS — DATED APRIL 2006 • CHEMICAL STORAGE TANKS — HYPOCHLORITE TANKS SECTIONS AND DETAILS — DATED APRIL 2006 • CHEMICAL STORAGE TANKS — SALT TANK PLAN AND SECTIONS — DATED APRIL 2006 — Questions Page 1509 -,f 1 06 K W uj z _wof 0 z A zo p 9:< ,< in x < K Lu W 0 cc o _ 1 od L-- 6? . � .�_.� owa � I i 7 y �I � _ w Gf 0 < �tu 1010 az' I 0 (0 In z Cc) .1 < 0 0 -j ®U1 ) ma to 0 H m a- 0 0 o � ¢ ! 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T REVISED PHOTOGRAPHS APPENDIX "B" WES T WA TER TREA TMEN T PLA N T SODIUM HYPOCHLORITE TANKS REPLA CEMEN T BID NO. 081-2821-21/TP w a,u i i P11 R _4 a " PHOTOGRAPHS WWTP PLANT IMPROVEMENTS PHASE IV • CHEMICAL STORAGE TANK FLUORIDE AND HYPOCHLORITE TANKS In Photo Order Blowers r rs; Grounding WireWires; Level Transmitter and Support Brackets; Level; Pipes and Fittings CPVC 151 06 � fir s- 1� rV C si (�"A rl ti t s VS r��S} i 4,1 toY�t t�4t j1s14 iSr�z S c, c 4 f t t� ��tt r , iri3 �I I t + r if diUJ 1 titr lir f �i(`'r4 tlri Fil ii / it i (t r t r� r r !I t is CS (tl; I 4FIm itt r( ts1li. 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F 1 ( �\ ��S��1 �G rr f d �- .�h� i �ti'' `r 1 — r aafr t . �f c II + + I �t I, 91,7 1 a � ftt, ( 1 f I, {n ter. s f k x,t 1. t 7.H. Consent Bids and Purchases Over $100,000 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Resolution No. R21-099—Approve Award of Bid No. 079- 2821-21 for "Pre-Chlorinated Pipe Bursting of Potable Water Mains", and authorize the City Manager to sign contracts with Murphy Pipeline Contractors, of Jacksonville, FL as the Primary Vendor and Killebrew, Inc., of Lakeland, FL as the Secondary Vendor for an initial two (2) year period. This bid will be utilized on an as needed basis with an estimated annual expenditure of$600,000. Explanation of Request: On June 11, 2021, Procurement Services received and tabulated three (3) bids in response to the advertised Bid No. 079-2821-21/TP. Contractors were instructed to submit line item pricing and pricing based on three possible Utilities project scenarios presented in the bid package to perform pre-chlorinated pipe bursting of potable water mains. Foster Marine Contractors, Killebrew, Inc and Murphy Pipeline Contractors, were evaluated and it was determined that Murphy Pipeline Contractors and Killebrew, Inc. were the lowest, responsible and responsive bidders based on their bid submittals. Vendor Scenario#1 Scenario#2 Scenario#3 Murphy Pipeline Contractors 73,922.00 1.40,555.60 1.34,629.00 Killebrew, Inc 82,750.00 1.93,551.00 242,695.00 Foster Mari n +Contractors 1.43,377.00 1.94,1.27.00 261,027.00 Pipe Bursting is a trenchless method of replacing outdated or inadequate buried water main pipes. The new pre-chlorinated pipe is equipped with a bursting head and is pulled through the old pipe The Scope of Work outlined in the request for Bid includes (but not limited to) the following: • Task 1 - Pipe Bursting at various locations • Task 2 - Connection to existing water service pipe • Task 3- Maintenance of Traffic • Task 4- Site and Pavement Restoration The selected Contractors will furnish all labor, materials, equipment, incidentals and appurtenances to complete the "As Needed" Work as outlined in their line item pricing submitted with the bid package. After the initial two (2) year bid term, bid documents allow for three (3) additional (1) year renewals with the same terms, conditions and pricing; subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. How will this affect city programs or services? This bid award would allow City staff to issue purchase orders based on the unit costs provided by the qualified contractors to perform potable pipeline replacement. Water main replacement will provide increased capacity and reliability for the distribution of potable water as well as fire flow water to areas with increasing demands. Fiscal Impact: B udgeted Funds for this expenditure are available in Account 403-5000-533.65-02 W T1802 Page 1520 of 1906 Alternatives: Not approve the recommended contractors as provided and request that a new bid for Pre- Chlorinated Pipe Bursting of Potable Water Mains be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Murphy Pipeline Contractors; Killenbrew, Inc. Start Date: End Date: Contract Value: $600,000 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Three (3) additional (1) year terms are available for e)dension periods Attachments: Page 1521 of 1906 Type Description D Resolution Resolution approving Contracts with Murphy and Killebrew D Contract Contract Killebrew D Contract Contract Murphy Pipeline Bid Document- Bid No 079-2821-21 - Pre- D Bid Chlorinated Pipe Bursting of Potable Water Mains Bid No 079-2821-21 -AppendixA- City of D Drawings Boynton each Construction Standards and Details D Tab Sheets Bid 079-2821-21 - Submittal Summary Tabulation D Tab Sheets Bid Proposal - Line Item Pricing - Tabulation D Other Murphy Pipeline Contractors LLC - 079-2821-21 - Bid Proposal D Other Killebrew, Inc. - 079-2821-21 - Bid Proposal D Other Foster Marine Contractors- 079-2821-21 - Bid Proposal Page 1522 of 1906 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AWARD OF BID NO. 079-2821-21 5 FOR "PRE-CHLORINATED PIPE BURSTING OF 6 POTABLE WATER MAINS",AND AUTHORIZE THE CITY 7 MANAGER TO SIGN CONTRACTS WITH MURPHY 8 PIPELINE CONTRACTORS, OF JACKSONVILLE, FL AS 9 THE PRIMARY VENDOR AND KILLEBREW, INC., OF 10 LAKELAND, FL AS THE SECONDARY VENDOR FOR AN 11 INITIAL TWO (2) YEAR PERIOD; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, on June 11, 2021, Procurement Services received and tabulated three (3) 15 bids in response to the advertised Bid No. 079-2821-21/TP; and 16 WHEREAS, Foster Marine Contractors, Killebrew, Inc and Murphy Pipeline 17 Contractors, were evaluated and it was determined that Murphy Pipeline Contractors and 18 Killebrew, Inc. were the lowest, responsible and responsive bidders based on their bid 19 submittals; and 20 WHEREAS, after the initial two (2) year bid term, bid documents allow for three (3) 21 additional (1) year renewals with the same terms, conditions and pricing; subject to vendor 22 acceptance, satisfactory performance and determination that renewal will be in the best interest 23 of the City; and 24 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 25 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 26 Approve Award of Bid No. 079-2821-21 for"Pre-Chlorinated Pipe Bursting of Potable Water 27 Mains", and authorize the City Manager to sign contracts with Murphy Pipeline Contractors, 28 of Jacksonville, FL as the Primary Vendor and Killebrew, Inc., of Lakeland, FL as the 29 Secondary Vendor for an initial two (2) year period. This bid will be utilized on an "AS 30 NEEDED" Basis with an estimated annual expenditure of$600,000.00. S:ACA\RESO\Agreements\Award Bid and Contracts to Murphy and Killebrew for PreChlorinated Pipe Bursting-Reso.docx -1 - Page 1523 of 1906 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption. 35 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 36 approves Approve Award of Bid No. 079-2821-21 for "Pre-Chlorinated Pipe Bursting of 37 Potable Water Mains", and authorize the City Manager to sign contracts with Murphy Pipeline 38 Contractors, of Jacksonville,FL as the Primary Vendor and Killebrew, Inc., of Lakeland, FL as 39 the Secondary Vendor for an initial two (2) year period. This bid will be utilized on an "AS 40 NEEDED" Basis with an estimated annual expenditure of $600,000.00. A copy of each 41 Contract is attached hereto as Exhibit"A" and"B" respectively. 42 Section 3. That this Resolution shall become effective immediately. 43 PASSED AND ADOPTED this 3rd day of August, 2021. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor— Steven B. Grant 48 49 Vice Mayor—Woodrow L. Hay 50 51 Commissioner—Justin Katz 52 53 Commissioner—Christina L. Romelus 54 55 Commissioner—Ty Penserga 56 57 VOTE 58 ATTEST: 59 60 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) S:ACA\RESO\Agreements\Award Bid and Contracts to Murphy and Killebrew for PreChlorinated Pipe Bursting-Reso.docx -2- Page 1524 of 1906 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and KILLEBREW, INC., a corporation partnership sole proprietor authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of AUGUST 3, 2021, by Resolution No.: the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. The Scope of Work for Pre-Chlorinated Pipe Bursting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials, and equipment necessary to complete the City's project(s). The work shall include furnishing all labor, materials, equipment, incidentals and appurtenances to complete the scope of work in the manner and form provided in the Contract Documents entitled: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS, Invitation to Bid #079-2821-21. Scopes of work will be performed on an "As Needed" basis at specific locations identified by the City at time of need. Article 2. TIME FOR PERFORMANCE. 1.1 Work under this Agreement shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this Agreement. Article 3. TERM. 3.1 This initial Agreement period shall be for an initial term of two(2)years, commencing on August 3, 2021 — August 2, 2023. The City reserves the right to renew the agreement with the same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six- month period. Article 4. PAYMENT PROCEDURES. The Contractor shall be paid by the City for completed work and for services rendered in accordance with Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-1 Revised 4/13/2021 06 the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by Contractor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Contractor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. b. The Contractor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the 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. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one(1)year after completion of the WORK covered by this Contract. The CONTRACTOR,free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 6. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special/Supplemental Conditions 7.8 Technical Specifications 4.9 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utilities/new-construction) 7.9 Drawings/Plans entitled: Appendix A Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-2 Revised 4/13/2021 Page 1526 'IF i 06 7.10 Addendum No. 1 Dated 5-26-2021. 7.11 Addendum No. 2 Dated 6-3-2021. Article 8. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations,or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. Article 9. 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. Article 10. 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 Article 11. 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. Article 12. 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. Article 13. 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, Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-3 Revised 4/13/2021 page 152W --F 06 otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. Article 14. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Article 16. TERMINATION. 15.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. 15.2 In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project,the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. Article 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. Article 17. NOTICES: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach City of Boynton Beach Utilities Department Finance Department Attn: Tremaine Johnson, Operations Attn: Director of Finance Manager 124 E. Woolbright Road 100 E. Ocean Avenue Boynton Beach, FL 33435 Boynton Beach, FL 33435 Tel (561) 742-6476 Tel (561) 742-6310 Fax (561) 742-6316 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR: Killebrew, Inc. ADDRESS: P.O. Box CITY/STATE/ZIP: Lakeland, Florida 33805 Attn: Adre Poleon Tel: 863-701-0273 Fax: 863-701-0273 Email: adre(a_killebrewinc.net Article 18. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-4 Revised 4/13/2021 06 intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 19. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 20. FLORIDA'S PUBLIC RECORDS LAW. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 20.1 Keep and maintain public records required by the CITY to perform the service; 20.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 20.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 20.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 20.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6061 GIBSONC@BBFL.US Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-5 Revised 4/13/2021 Page 1529 'IF i 06 Article 21. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 22. E-VERIFY 22.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor"includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary,wages,or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1,2021, Contractors,shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility,"as amended from time to time.This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees.Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-6 Revised 4/13/2021 06 unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 23. MISCELLANEOUS. 23.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 23.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-7 Revised 4/13/2021 Page 1591 of 1 06 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: James A. Cherof Office of the City Attorney Attested/Authenticated: Crystal Gibson City Clerk Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-8 Revised 4/13/2021 Page 1592 'IF i 06 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING PFB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 1151-19 OF i 06 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1)year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work,furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Bid No.079-2821-21—PRE-CHLORINATE DPIPE BURSTING PFB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 1594 of 06 Signed and sealed this day of 12021. Principal (Seal) Witness Title S u rety Witness Attorney-in-Fact END OF PERFORMANCE BOND Bid No.079-2821-21—PRE-CHLORINATE DPIPE BURSTING PFB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 11518rm -6 06 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 2021, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Principal (Seal) Witness S u rety Witness Attorney-in-Fact END OF PAYMENT BOND Bid No.079-2821-21—PRE-CHLORINATE DPIPE BURSTING PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation Check One a Florida General Partnership �) a Florida Limited Partnership �) a Sole Proprietor �) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of,the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 12021. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT Page 1598 'IF i 06 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 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $ 50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion& Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate -$1,000,000.00 - - - - - --------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos --------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined --------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease,Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 --------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined Revised 04/2021 INSURANCE ADVISORY Page 151819 of 1 06 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and MURPHY PIPELINE CONTRACTOR, LLC, a corporation partnership sole proprietor authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of AUGUST 3, 2021, by Resolution No.: the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. The Scope of Work for Pre-Chlorinated Pipe Bursting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials, and equipment necessary to complete the City's project(s). The work shall include furnishing all labor, materials, equipment, incidentals and appurtenances to complete the scope of work in the manner and form provided in the Contract Documents entitled: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS, Invitation to Bid #079-2821-21. Scopes of work will be performed on an "As Needed" basis at specific locations identified by the City at time of need. Article 2. TIME FOR PERFORMANCE. 1.1 Work under this Agreement shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this Agreement. Article 3. TERM. 3.1 This initial Agreement period shall be for an initial term of two(2)years, commencing on August 3, 2021 — August 2, 2023. The City reserves the right to renew the agreement with the same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six- month period. Article 4. PAYMENT PROCEDURES. The Contractor shall be paid by the City for completed work and for services rendered in accordance with Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-1 Revised 4/13/2021 06 the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by Contractor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Contractor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. b. The Contractor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the 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. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one(1)year after completion of the WORK covered by this Contract. The CONTRACTOR,free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 6. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special/Supplemental Conditions 7.8 Technical Specifications 4.9 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utilities/new-construction) 7.9 Drawings/Plans entitled: Appendix A Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-2 Revised 4/13/2021 06 7.10 Addendum No. 1 Dated 5-26-2021. 7.11 Addendum No. 2 Dated 6-3-2021. Article 8. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations,or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. Article 9. 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. Article 10. 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 Article 11. 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. Article 12. 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. Article 13. 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, Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-3 Revised 4/13/2021 06 otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. Article 14. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Article 16. TERMINATION. 15.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. 15.2 In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project,the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. Article 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. Article 17. NOTICES: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach City of Boynton Beach Utilities Department Finance Department Attn: Tremaine Johnson, Operations Attn: Director of Finance Manager 124 E. Woolbright Road 100 E. Ocean Avenue Boynton Beach, FL 33435 Boynton Beach, FL 33435 Tel (561) 742-6476 Tel (561) 742-6310 Fax (561) 742-6316 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR: Murphy Pipeline Contractors LLC ADDRESS: 12235 New Berlin Rd CITY/STATE/ZIP: Jacksonville, Florida 32226 Attn: Taylor Morris Tel: 904-764-6887 Fax: 903-379-6193 Email: taylormo_teamipr.com Article 18. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-4 Revised 4/13/2021 06 intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 19. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 20. FLORIDA'S PUBLIC RECORDS LAW. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 20.1 Keep and maintain public records required by the CITY to perform the service; 20.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 20.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 20.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 20.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6061 GIBSONC@BBFL.US Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-5 Revised 4/13/2021 06 Article 21. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 22. E-VERIFY 22.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor"includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary,wages,or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1,2021, Contractors,shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility,"as amended from time to time.This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees.Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-6 Revised 4/13/2021 page 1514; 06 unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 23. MISCELLANEOUS. 23.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 23.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-7 Revised 4/13/2021 Page 1546 of 1 06 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: James A. Cherof Office of the City Attorney Attested/Authenticated: Crystal Gibson City Clerk Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING C-8 Revised 4/13/2021 Page 154:7 OF 06 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING PFB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 11548 'IF i 1.106 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1)year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work,furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Bid No.079-2821-21—PRE-CHLORINATE DPIPE BURSTING PFB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 1549 of 06 Signed and sealed this day of 12021. Principal (Seal) Witness Title S u rety Witness Attorney-in-Fact END OF PERFORMANCE BOND Bid No.079-2821-21—PRE-CHLORINATE DPIPE BURSTING PFB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 1 151-58 Of 4 106 PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 2021, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Principal (Seal) Witness S u rety Witness Attorney-in-Fact END OF PAYMENT BOND Bid No.079-2821-21—PRE-CHLORINATE DPIPE BURSTING PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation Check One a Florida General Partnership �) a Florida Limited Partnership �) a Sole Proprietor �) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of,the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 12021. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Bid No.079-2821-21—PRE-CHLORINATE D PIPE BURSTING WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT Page 1,559 'IF i 06 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 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $ 50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion& Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- Professional Liability Aggregate -$1,000,000.00 - - - - - --------------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos --------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined --------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease,Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 --------------------------------------------------------------------------------------------------------------------------------------- Property: Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ----------------------------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined Revised 04/2021 INSURANCE ADVISORY Page 15154 of 1 06 it,tyif �{{(I1t't}{Sis}�i�Jsiysil,\�ti\�`�+s')ttjcttl`'i'l\\+r ,'p 11 i}fi\i\1� i�5,tllll,Yi,t+ 1\\�f ;7, �, ,��\,' `•`tt;i r4i++1S{(\tit)\\�'„�,t \{{t{+l;t��ttl{z, SsIS'rt}t^jtG�t\{�,.� rtt)11tt t str`1tt}bt r}{1 t}$t ,}}tl NPI, ll\ {S,� + ;:'��f( \1�1 tti� 7 }}�#��11\?s\St(�\1 r1\stljT�j 41},• r�,t. B�D,,�; O• O,f{! tjjsyl, { , 7t5`~,\4s r, 3{ t 4tllaii` }'1{t 3tt�1� � \ lit\i is(t\uitty t 1 \ ftiyy r,ltt5�� i i 1{('{J1i s2\ttt t1\\� 1{f 4jl ,t\�l,,, 't,}l'5�+o\\f) }}6 45t}1 (( i },>>{�\S{' }"\)! }>j S, ilii r'rc'1\t1`'i� Zit i�t; \Vss tik O1+ `\iyN S1 { EMISSION ONLY k\syjtt1)t {{1 S\ fk t } \}#s; \ {{,,rt fls�)`i2t�Ss{A\t\Ep}+ t \71r��ts14r CLOSING DT WEDNESDAY JUNE 31202 `2ttk \1,z`,{tt „\l t;tt t\iyt 7 7 }t��,�1{�•f�3t4�i�ir''Sj1`\tli r}i\��\ t�e: !{,+(, BID CLCD tl , G TIME. 2.30 P. M. s)ti{{tls(tt 4{tsssl i t !\1 \\ t;t4t1�'1\ F, t, ji\S #r\SSi t\{} r1t#tt�'t\ss`. {{)S `{�'. ttl {��111t'9!}��)) tt�> 11�if`•',�i�� 1 !({Vt`Sr �t}�s�;+t}��i v1t ``'i ts�?est s+tfs�{�t�\t i+#�,,t 1t, ist(1\+t�l `'<\{lsittiT�Z4 2s tt t�t))ilbS f�{l�st jjS?�� t t{tfrjl i{t}hi�{A�t lt\1V,s�i3s��rl�tliSr6tyt�v}��t��;�ssv��V�41�iti�t�§A`s i1s),}it1 tit{�)(ss�1}{+,. tr>r'i1�` i{�A�'list��liyt1 �s,,,'S,its?�\ilei}M1titf�l rU y sss}i(1 l(1;rps(sr {)};#}ts} Ittlt} 'i1{,1. y '1t)>il of{S�S�t�v{\�ltAS1A�irs sS'{'1t)+tl)\}t?lt1\�{Pi'w{tllilsirit' (Ii?+1tSa tttf�k�}1lt'1v�t'1l��'?r1;�kt{i�k srv,, rrl. titr tr 10 S,� l+lis3}it�} tiFiM14\ v\}a1j 7 ` <g.,{V �f� 5", � i{s��(ist>';tYq��t1v?i{rif�l{\43�t1i)A'�sV�rtit�, 'ttt}{l�if?rs)�,�\}till\;,, s 17�u ,y, i1�5"\r b\�ivt{l{}$� S {'�\})iv{�}ti s� r\1lr1tU{\�>,�++iiviis{ti „{i 51y1f fs1{,�\"V{{7)"ys{r}7 �stS h'�'"t�1 1,,V"'j{tiv i, 1..... i11Y �it}srl4ssl {t`ffd ZSs\hy4ltJls#ti}stSt� {}iij�"V sf fs2il�tst THE DE£' t'F t R E} ;r ,\ ,,;. '+ ,,`jER'N`� SH11�IS 'BID IS: 124 Al 'a)\rr {��1}{�i(2i\��{3\��f�+�3try�t�{�4��r1�+t$�;;� t 5<11t\t\1A))1�1�is''>{1�1ij11{sil�4s�}}i{�+J��}v;�S Page 1555 of 1 E 06 TABLE OF CONTENTS BIDDING REQUIREMENTS: PAGE# Notice to Contractors...........................................................................................1 -2 Instructions to Bidders..........................................................................................3- 15 Special Terms and Conditions................................................................................16 -21 Bidder Submission Requirements............................................................................22 General Conditions.............................................................................................GC-23 - GC-69 Supplemental Conditions for Construction.................................................................70 -71 Special Conditions ...............................................................................................72- 158 Technical Specifications........................................................................................159-242 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online BidForm...........................................................................................................243 -244 BidProposal......................................................................................................245-247 Cost Estimate Proposal (Scenarios)........................................................................248 Bidder's Qualifications Statement...........................................................................249 -252 Anti-Kickback Affidavit..........................................................................................253 Non Collusion Affidavit..........................................................................................254 Certification Pursuant to Florida STATUTE §287.135.................................................255-256 Warranties.........................................................................................................257-258 Trench Safety Act Affidavit....................................................................................259 E-Verify Form.....................................................................................................260 -261 DRAFT CONTRACT: Draft Contract/Agreement ..................................................................................0-1 —C-8 Performance Bond..............................................................................................PFB-1 — PFB-3 PaymentBond...................................................................................................PYB-1 — PYB-2 Warrantyof Title.................................................................................................WT-1 Insurance Advisor............................................................................................. APPENDIX"A": - Boynton Beach Utilities Department Construction Standards and Details Typical Water Service Installation Typical Residential Water Service Potable Water Service Single 5/8"X3/4" Thru 1" Meter Installation Detail 1 '/2" &2" Commercial & Multi Family Ball Valve & Box Illustration When completed and executed,these documents, along with the Plans and Specifications, collectively with applicable Power of Attorney certifications for bond agents and Certificates of Insurance for the Contractor, forms the Contract for this Project. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING TOC Page 15156 ". 06 The City of Boynton Beach Finance/Procurement Services 100 E.Ocean Avenue Boynton Beach,FL 33435 P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6323 NOTICE TO CONTRACTORS Bid Title: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID Number: 079-2821-21 Electronic bids shall be received by the bidding system up until: JUNE 3, 2021; No Later Than 2:30 P.M. (Local Time). All Bid's received will be publicly opened. Acknowledgment of receipt will be made electronically by the City's e-procurement bidding system. Bids received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that bidders allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF WORK: The City of Boynton Beach is seeking a maximum of two (2) qualified contractors to demonstrate specific experience in pre-chlorinated pipe bursting of utility system water mains. The intention of this Bid is to establish line item pricing for Pre-Chlorinated Pipe Bursting Projects. The Scope of Work for Pre-Chlorinated Pipe Bursting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials, and equipment necessary to complete the City's project(s). The work shall include furnishing all labor, materials, equipment, incidentals and appurtenances to complete the scope of work. Scopes of work will be performed on an "As Needed" basis at specific locations identified by the City at time of need. The scope of work is more clearly defined in the Contract Documents, Special Conditions and Terms and Conditions for City Furnished Materials (if applicable), Supplemental Conditions for Construction — Pre- Chlorinated Pipe Bursting, Technical Specifications and project drawings, which are hereby not listed in any order of precedence. NO BID CONFERENCE or SITE INSPECTION is scheduled. Inspections will be required on an "As Needed" basis as individual scopes of work are specified by the City. At the time of project development, the awarded contractor(s)shall be presumed to have inspected the site and to have read to be thoroughly familiar with the plans and Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 1 P 155:7 Of i 06 ATTENTION ALL INTERESTED BIDDERS: A five percent (5%) Bid Bond IS NOT REQUIRED FOR THIS BID. Individual projects values cannot be determined until time of need as specified by the City.A purchase Order will be issued for all projects and serve as a Contract between the Contractor and the City. A one hundred percent(100%) Payment and Performance Bond is required when an individual project value exceeds$100,000. LOBBYING/CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences,oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation.Additionally,the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes§119.07,sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. BID TERM: The bid award will be for a period of two (2)years (Initial Term). The bid may be extended for three (3) additional one-year terms, at the same terms, conditions, and prices, subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. All responses and or clarifications will be issued in an Addendum. CITY OF BOYNTON BEACH Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 2 Page 1558 Of i 06 'm PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID No.: 079-2821-21 INSTRUCTIONS TO BIDDERS 1. Electronic Invitation to Bid shall be received by the City's e-Procurement bidding system no later than: JUNE 3, 2021 No Later Than 2:30 PM (Local Time). 2. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Bidder to have their BID submittal submitted online. 3. Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 4. It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. 5. To obtain documents online please visit Boynton-beach.bidsandtenders.net. You may preview the BID documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Bidders are cautioned that the timing of their Submittal Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 8. For the above reasons, it is recommended that sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 9. Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at supportp—bidsandtenders.net. 10. Late Submittal Responses are not permitted by the Bidding System. 11. To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making BID responses to the City are to be borne by the Bidder. 13. A sample draft agreement that the City intends to execute with the successful firm(s)is contained within this Invitation to Bid for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 3 06 14. Each Bidder, by submission of an BID response, acknowledges that in the event of any legal action challenging the award of a BID; damages, if any, shall be limited to the actual cost of the preparation of the BID. 15. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 16. BID FORMS: The Bidder will submit a BID on the BID forms provided. All BID prices, amounts and descriptive information must be legibly entered.The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 17. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 18. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e-Procurement bidding system. 19. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronic by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the Bidding System 20. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation;operating efficiency;training requirements;disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a Bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. 21. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 22. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 4 Page 1568 1 06 E. Supplied all necessary information in connection with the inquiry concerning responsibility. 23. QUALIFICATIONS OF BIDDERS: The City will only consider solicitation responses from firms normally engaged in performing the type of work specified within the Contract Documents.Vendor must have adequate organization,facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to perform in accordance with specifications, terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate inability to perform. The City reserves the right to consider a Vendor's history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to successful Vendor.Vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 24. DISQUALIFICATION OF BIDDER: More than one Bid from an individual,firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Automatic disqualifiers are as follows: a. Not including an executed Bidder signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to bid due to violations listed under Item No.38, "Public Entity Crimes." d. Not completing the Bid Submittal Forms as required. 25. EXAMINATION OF BID DOCUMENTS AND SITE: Pursuant to Article 4 of the General Conditions, Bidder must satisfy itself by personal and thorough examination of the location of the proposed Work; Bid Documents; requirements of the Work and the accuracy of the estimate for the quantities of the Work to be done. Following such examination, Bidder shall not at any time after the submission of a Bid, dispute or complain of such estimate the nature of the amount of Work to be done. By submission of its Bid, Bidder certifies and affirms that it has at its own expense conducted any additional examinations, investigations, explorations, tests, and studies; and obtained any additional information and data which pertains to the physical conditions (surface, subsurface, and Underground utilities) at or contiguous to the site or otherwise; prior to bidding which may affect cost, progress, or performance of the Work and which Bidder deems necessary to determine its Bid price. In addition the Bidder further affirms that they have familiarized themselves with other terms and conditions of the Bid Documents and/or satisfied itself with respect to such conditions and shall make no claims against the CITY or the CONSULTANT if while carrying out the Work, Bidder finds that the actual conditions do not conform to those indicated. Bidder shall bear the cost of modifying the Project to accommodate such conditions. On request, the CITY will provide Bidder access to the site to conduct such investigations and tests, as Bidder deems necessary for submission of its Bid. Bidder shall schedule such access in advance with the CITY. Upon completion of such additional field investigations and tests, Bidder shall completely restore any and all disturbed areas at the Bidders expense. 26. SUBSTITUTE or"OR EQUAL ITEMS": The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute. "Or equal" item(s) of material or equipment may be furnished or used by successful Bidder if acceptable to the CITY. Application for such acceptance must be made ten (10) calendar days prior to the Bid opening date, or such application will not be considered by the CITY. The procedure for submittal of any such applications made after award of the Construction Contract by the successful Bidder for consideration by CONSULTANT is set forth in Section 6.4 of the General Conditions, which may be supplemented in the General Requirements. 27. ADJUSTMENT/CHANGES/DEVIATIONS: No adjustments, changes, or deviations shall be accepted on any item unless conditions or Specifications of a Bid expressly so provide. All adjustments, changes Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 5 Page 156 06 or deviations shall require prior written approval and shall be binding ONLY if issued though the CITY's Procurement Services Division. 28. MODIFICATIONS AS EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked, "EXCEPTIONS TO THE SPECIFICATIONS" whereby said sheet shall be attached to the Bid. The use of Bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as an exception to the Contract documents. 29. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works related materials. 30. INDEMNIFICATION: The Bid shall include in its price, the sum of $25.00 in consideration for the indemnification provision, as referenced in Section 6.16 of the General Conditions. 31. RECORDS/AUDITS: The Successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The Successful Bidder agrees to make available to the CITY's auditor, during normal business hours and in Miami-Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 32. CONTRACT SECURITY/INSURANCE: When required by the specification herein the successful Bidder shall furnish along with the executed construction contract and/or Purchase Order, a Performance and Payment Bond, and/or Warranty Bond, and insurance certificates as stated in this solicitation, on the CITY's forms, within ten (10) calendar days of receipt of the contract documents for execution. Successful Bidder is required to record the Bonds in the public records of Palm Beach County, Florida and provide the Bond number on the Performance and Payment Bond Form provided herein. Failure to furnish the required Bonds as stated and within the time specified may be cause for rejection of the Bid and any bid deposit may be retained by the CITY as liquidated damages and not as a penalty. Such sum shall be a fair estimate of the amount of damages the CITY would sustain due to Bidder's failure to furnish such Bonds. The Performance and Payment Bonds shall remain in effect for one (1) year after completion and acceptance of the Work with liability equal to 25% of the contract price. 33. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Bidder. Within ten (10) calendar days after issuance of the award letter, the successful Bidder shall sign and deliver the Construction Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Construction Contract will be executed. Within thirty (30) calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Bidder. At times a purchase order will be issued in lieu of a contract agreement. 34. BIDS TO REMAIN OPEN: All Bids shall remain open for the required number of days after the date of the Bid opening stated in the special provisions, or if no such number of days is stated, all Bids shall remain open for ninety(90)days after the date of the Bid opening prior to award. The CITY may, in its sole discretion, release any Bid and return the Bid Security prior to that start date. 35. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10)days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 36. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. All Bidders must disclose with their Bid, the name of each of its employees, agents, or relatives who are employees of the CITY. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 6 Page 156 06 The Bidder represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Bidder to be conducted hereunder. The Bidder further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Bidder, to solicit or secure this contract, and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Bidder for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Bidder also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual or Firm in connection with carrying out this contract. It is understood and agreed by the Bidder that, upon the breach or violation of this Section,the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Bidder. a. The Bidder represents that it presently has no interest, either direct or indirect, while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Bidder represents that no person having any such interest shall be employed during the term of this contract, including any officer, employee or agent of the CITY. b. The Bidder represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Bidder's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. c. The Bidder shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest or other circumstance that may influence or appear to influence the Bidder's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance,the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 37. BID EXEMPT: Bid items designated as CITY purchases shall not be greater than the price Bidder has provided on other public entity or state of Florida contracts to which Bidder is a party.The CITY reserves the right to Bid separately any item or service if deemed to be in the best interest of the CITY. 38. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s)and report any that are or shall be offered at lower price. 39. 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. 40. 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 through the City's e- Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have receive ALL addenda that are issued. Bidders should check online at Boynton- beach.bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 7 Page 151653 ". 1 06 event additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addenda have been issued,the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS"section of the Bidding System. The Bidder is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 41. 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". 42. INTERPRETATIONS: To ensure fair consideration for all Bidders, the CITY prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Bidder should be in doubt as to the meaning of any of the Bid documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions; Bidder shall submit a written request to the CITY's Procurement Services Division representative identified in the Bid document at the email address provided, no later than ten (10) days prior to the Bid opening date. Inquiries should reference the bid deadline date. All Special Conditions, Drawings, and Technical Specifications shall take precedence over General Conditions. If there is a conflict between the General Conditions, Special Conditions, Technical Specifications and Drawings;the more stringent specification shall apply. Refer to General Conditions, Para. 3.4, "Order of Precedence"for more details. 43. ANNUAL APPROPRIATION: This agreement shall remain in full force and effect only as long as the expenditures provided for in the agreement have been appropriated by the City commission of the CITY of Boynton Beach in the annual budget for each fiscal year of this agreement, and is subject to termination at any time based on lack of funding. 44. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 45. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of Bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 46. 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. 47. 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. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 8 Page 1564 of 06 48. 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. 49. 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. 50. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration.The City 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. 51. 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. 52. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a)of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 53. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this BID, bidder 5certifies that bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or has Bidder been engaged in business operations in Syria. Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Bidder of the City's determination concerning the false certification. Bidder shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Bidder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Bidder does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 54. NON-COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 55. TRADE SECRET:Any language contained in the Bidder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other Bid No.079-2821-21-PRE-CHLORINATED PIPE BURSTING 9 Arm -6 06 information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 56. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 57. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal 58. ADVERTISING: In submitting a bid,the bidder agrees not to use the results as apart of any commercial advertising.Violation of this stipulation may be subject to action covered under"NONCONFORMANCE WITH CONTRACT CONDITIONS". 59. 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. 60. 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. 61. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 62. 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 Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 10 Page 1566 1 06 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. 63. 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. 64. 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. 65. 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. 66. PRICES, TERMS AND PAYMENT: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, Bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally the prices must be submitted in units of quantity whereby both unit price and extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre-paid (unless otherwise stated in the Special Conditions). Award, if made, shall be in accordance with the terms and conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance for materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 67. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. 68. MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, delivery instructions, bid prices, extensions and all instructions pertaining to the ITB. 69. INVOICING AND PAYMENT: Payment for any and all invoice(s)that may arise as a result of a Contract or Purchase Order issued pursuant to this Bid Specification shall minimally meet the following conditions to be considered as a valid payment request. If progress payments are applied for, all invoicing and payments shall be as stipulated under the Special Conditions section titled "Progress Payments". All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1)copy and: ➢ Contain the Bidder's Federal Employer Identification Number. ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Provide sufficient salient description to identify the goods or services for which payment is requested; ➢ Must be an original or legible copy of a signed delivery receipt including both manual signature and Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 11 06 printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or"final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 70. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 71. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s)and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 72. 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. 73. 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. 74. 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. 75. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 12 Page 1568 1 06 time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession All records stored electronically by Consultant must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 76. E-VERIFY: Contractor is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary,wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor,supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E- Verify System to verify the employment eligibility of: a. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 13 Page 1569 of 06 b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1)year after the date of termination. 76. PROJECT MANAGEMENT REQUIREMENTS: A. This project will utilize an internet-based project management tool called e-Builder EnterpriseTM This internet-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. B. Contractor and Subcontractors shall conduct Project controls,outlined by the Owner,and Engineer, utilizing e-Builder EnterpriseTM. No additional software will be required. The Owner and Engineer will assist the Contractor in providing training to their personnel. C. Contractor shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non-Conformance Notices,Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information,Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e-Builder EnterpriseTM 77. ELECTRONIC FILE REQUIREMENTS: In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Contractor and Subcontractors shall also submit all closeout documents including all "As-Built Drawings", catalog cuts and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings)shall be converted or scanned into the Abode Acrobat (.PDF) file format and uploaded to e-Builder EnterpriseTM. The As-Built Drawings shall also be submitted in AutoCAD (.DWG)format. 78. E-BUILDER IMPLEMENTATION REQUIREMENTS: e-Builder EnterpriseTM is a comprehensive Project and Program Management system that the City of Boynton Beach Utilities will be implementing for managing documents, communications and costs between the Contractor, Engineer, and Owner. e- Builder EnterpriseTM includes extensive reporting capabilities to facilitate detailed project reporting in a web-based environment that is accessible to all parties and easy to use. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 14 06 • Central Document Vault: e-Builder EnterpriseTM system includes a central database that maintains all project information and manages project communications amongst team members. • Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members. • Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder EnterpriseTM • Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports.These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility. 79. E-BUILDER LICENSING REQUIREMENTS: e-Builder EnterpriseTM User Licenses: Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Contractor, Engineer, and Owner. Each user license includes full access to e-Builder EnterpriseTM including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including: • All hosting, operation, maintenance and data backup of the e-Builder EnterpriseTM software and documents which are maintained in state-of-the-art data centers located throughout the United States. • Quarterly e-Builder EnterpriseTM software enhancements • Unlimited phone, email and web based support 24-hours: The City of Boynton Beach has an e-Builder EnterpriseTM License and will provide the selected General Contractor with a limited number of user licenses for the duration of the project. The City of Boynton Beach will provide basic training for these users; additional training may be procured directly from e-Builder directly at the contractors own cost. 80. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 15 Page 1&71 of 1 06 INVITATION TO BID FOR PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID No.: 079-2821-21 SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to secure services of a qualified contractor(s) to demonstrate specific experience in pre-chlorinated pipe bursting of utility system water mains and to establish line item pricing for Pre-Chlorinated Pipe Bursting Projects. The scope of these specifications is for pre-chlorinated pipe bursting. The work shall include, but not be limited to: 1) Pipe bursting at various Utility locations 2)Connection of existing water services 3) Maintenance of traffic 4)Site restoration, pavement repairs, resurfacing and striping AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. The City intends to award a contract to two contractors as a Primary and Secondary to the two (2)lowest, responsive, responsible bidder(s), taking into consideration experience, staffing, equipment, materials, references and past performance. TERM OF CONTRACT: The initial term of the contract awarded shall be for two (2)years, May 19, 2021 through May 18,2023. Bid prices are to be firm for a period of two years. By mutual agreement between the City and the awardee(s), the City may renew the bid at the same terms and conditions for three (3) additional one (1) year periods. The City reserves the right to extend automatically for a period not to exceed an additional six (6)months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of Bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 16 06 INVOICING AND PAYMENT: Payment for any and all invoice(s)that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of an original and one (1)copy as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or"final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re-submit a corrected invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. • All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. • All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. • The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. • To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or his representative shall decide all questions, difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications, construction, prosecution and fulfillment of the Contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of the Contract, and his estimates and decisions upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 17 Page 15FIS ". 1 06 • Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. • In the event any delays or suspension of operations occur, the City reserves the right to hire off duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against Contractor or the Contractor's Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. LIMITATIONS OF OPERATIONS: No work shall be conducted during weekends, City holidays, or past City's business hours. If such work is necessary for the proper care and protection of the work already performed or, except that permission to do such work may be secured from the Utilities Director or his designee. FIELD OFFICE: No field office will be required for these projects. However, the Contractor must provide the Utilities Project Manager or his representative with a local telephone number at which he can be contacted at any time during the performance of the work. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. C. If the Utilities Project Manager or his representative requests it, the Contractor shall at any time before final acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as "Extra Work." Should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor expense. No work shall be performed, nor materials used, without suitable supervision or inspection by the Utilities Project Manager or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered or obligate the City to final acceptance. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 18 Page 15:74 Of i 06 d. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Utilities Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings or underground utilities. NOTE: All street name signs shall remain in place during the period of construction except those that are required to be relocated due to interference with actual construction. All signs that are relocated or damaged by the Contractor during the course of the work shall be reinstalled or replaced at the proper location as soon as possible by the Contractor. Prior to removal of any traffic control signs that interfere with the construction, the Contractor shall provide temporary signing or other provisions to assure a continuous flow of traffic under at least the same conditions as previously existed. It shall be the Contractor's responsibility to report any signs that are found unserviceable to relevant authority. It is the Contractor's responsibility to obtain all the necessary approvals from Palm Beach County or City of Boynton Beach Public Works prior to relocating or taking any traffic control device/sign out of service. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from Contractor's knowledge of a delay. Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. C. If the Contractor fails to start the work within the time specified, and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non-completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. UTILITIES: The Contractor shall make all necessary arrangements with the utility companies concerned for maintenance of their lines during the construction period. In the event that a complete relocation of utilities is required, but has not been accomplished prior to the effective date of the "Notice Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 19 06 to Proceed," the Contractor, nevertheless, shall commence work under this contract and shall schedule his work to avoid interference with the utility relocation or repair work. The City will not be liable for any delay or added expense the Contractor experiences due to the activities of utility companies, nor shall the City be held responsible for any damages to any utilities due to any actions by the Contractor. PROJECT SAFETY: a. Maintenance of Traffic: The applicable portions of the Palm Beach County Traffic Manual must be adhered to. Excavated or other material or equipment stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. All traffic control devices (including signs), warning devices and barriers shall be furnished by the Contractor. It is the Contractor's sole responsibility to maintain the existing flow of traffic during the performance of all work. b. The Contractor shall provide the necessary access to all adjacent property during construction. c. Special attention shall be given for directing the flow of pedestrian and vehicular traffic, especially in areas surrounding schools. At the discretion of the Utilities Project Manager, and or his designee, the City may require the Contractor to call for and hire off-duty police officers at Contractor's expense, for directing traffic and maintaining safety if in any way his operations will curtail the use of the streets, roads and work areas specified herein. Cl. Traffic may be detoured only upon prior coordination with the Utilities Project Manager or his representative. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City, and shall properly join his work to existing or new construction. c. All materials and every process and operation of manufacture, construction and erection shall be subject to inspection at all times, and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. PAYMENT FOR TESTS: Except when otherwise provided,the expense of all tests requested by the Utilities Project Manager or his representative will be borne by the Contractor. Procedures for making tests required by the Utilities Project Manager or his representative will be in conformance with all applicable State, County, City, AWWA, or industry testing requirements. Tests rendering unsatisfactory reports shall be cause for rejection. The cost for all retesting shall be the Contractor's responsibility. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 20 Page 1517-6 of 1 J-06 STORAGE RESPONSIBILITY: The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the continuance of the contract and until the final acceptance of the structure or work. If any materials or part of the work be lost, damaged or destroyed by any cause or means whatsoever, the Contractor shall satisfactorily repair and/or replace the same at his own cost. The Contractor shall maintain suitable and sufficient guards, barriers, and at night, suitable and sufficient light for the prevention of accidents. FINAL CLEAN UP: Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Contractor shall remove from the site completed, all machinery, equipment surplus and discarded materials and temporary structures. The disposal of all materials, rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the City Engineer. Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. END OF SECTION THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 21 Page 15, 1 06 'm PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID No.: 079-2821-21 BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded and or acknowledged when required and submitted. In addition,all other requests and supporting documentation should be included. a) Proposer Acknowledgement— Online Acknowledgement b) Bid Form— Upload Online c) Price Proposal— Online Form d) Bidders Qualification Statement— Upload Online e) Addenda Acknowledgement— Online Acknowledgement f) Anti-Kickback Affidavit— Upload Online g) Non-Collusion Affidavit of Proposer— Upload Online h) Confirmation of Minority Owned Business - Online Form i) Certification Pursuant to Florida Statute § 287.135 - Upload Online j) Confirmation of Drug Free Workplace - Online Acknowledgement k) Palm Beach Inspector General -Online Acknowledgement 1) Local Business Certification - Online Form m) Statement of Non-Submittal (if applicable)- Online Form n) Schedule of Sub-Consultants— Online Form o) Submit current Florida Professional License, including evidence of possession of required licenses or business permits — Upload Online p) Warranties— Upload Online q) Trench Safety Act Affidavit— Online Form r) E-Verify Form Pursuant to Florida Statute § 448.095— Upload Online s) Bidder's W-9— Upload Online t) Submit any Supplemental information relative to this BID— Upload Online Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 22 Page 15:78 of 1 06 GENERAL CONDITIONS TABLE OF CONTENTS Article TITLE No. Article TITLE COVER No. TABLE OF CONTENTS 6.17 Responsibility for Connecting to Existing 1. DEFINITIONS Work 2. PRELIMINARY MATTERS 6.18 Work in Street, Highway or Other Rights- 2.1 Delivery of Bonds and Insurance of-Way Certificates 6.19 Cooperation with Governmental 2.2 Copies of Documents Departments, Public Utilities, Etc. 2.3 Notice to Proceed 6.20 Use of Premises 2.4 Starting the Work 6.21 Protection of Existing Property 2.5 Pre-Construction Conference Improvements 2.6 Site Mobilization Meeting 6.22 Temporary Heat 2.7 Progress Meeting 6.23 Schedule 2.8 Pre-Installation Meeting 6.24 Continuing the Work 2.9 Finalizing Scheduling 6.25 Contractor's General Warranty and 2.10 Submittals Guarantee 3. CONTRACT DOCUMENTS 6.26 Deletion/Oversight/Misstatement 3.1 Intent 6.27 Exceptions to Specifications 3.2 References to Standards 6.28 Silence of Specifications 3.3 Review of Contract Documents 6.29 Quality 3.4 Order of Preference 6.30 Conditions of Materials 3.5 Amending Contract Documents 6.31 Disposal 3.6 Reuse of Documents 6.32 Occupational Safety and Health 4. SITE OF WORK 6.33 O.S.H.A. 4.1 Availability of Lands 6.34 Conditions and Packaging 4.2 Reports of Physical Conditions 6.35 Underwriters Laboratories 4.3 Physical Conditions - Underground 6.36 Asbestos Facilities 6.37 Closeout Submittals 4.4 Differing Site Conditions 6.38 Temporary Barriers and Enclosures 4.5 Reference Points 6.39 Environmental Controls 5. BONDS AND INSURANCE 6.40 Security Procedures 5.1 Bonds 6.41 Product Substitution Procedures 5.2 Insurance 6.42 Field Samples 6. CONTRACTOR'S RESPONSIBILITIES 7. OTHER WORK 6.1 Contractor Status 7.1 Related Work on Site 6.2 Contractor Risk 7.2 Coordination 6.3 Supervision and Superintendence 8. CITY'S RESPONSIBILITIES 6.4 Labor, Material and Equipment 8.1 Communications 6.5 Concerning Subcontractors 8.2 Furnish Data 6.6 Patent, Fees and Royalties 8.3 Payments 6.7 Permits, Laws and Regulations 8.4 Lands, Easements,and Surveys 6.8 Taxes 8.5 Change Orders 6.9 Record Documents/Right to Audit 8.6 Suspension of WORK 6.10 Safety, Protection and Emergencies 8.7 Estimated Dollar Value 6.11 Shop Drawings and Samples 8.8 Quantities 6.12 Site Clean-up 8.9 Additional Terms and Conditions 6.13 Public Convenience and Safety 9. CONSULTANT'S STATUS DURING 6.14 Sanitary Provisions CONSTRUCTION 6.15 Indemnification 9.1 CITY'S Representative 6.16 Claims 9.2 Visits to Site TOC-23 GENERAL CONDITIONS Page 1517-9 of i 06 9.3 Project Representation Article TITLE 9.4 Clarifications and Interpretations No. Article TITLE 15. SUSPENSION OF WORK AND No. TERMINATION 9.5 Measurements 15.1 CITY May Suspend WORK 9.6 Rejecting Defective Work 15.2 CITY May Terminate for Cause 9.7 Shop Drawings, Change Orders, and 15.3 CITY May Terminate Without Cause Payments 15.4 Removal of Equipment 9.8 Determination for Unit Prices 15.5 Contractor May Stop WORK or Terminate 9.9 Decisions on Disputes 16. DISPUTE RESOLUTION 9.10 Inspections and Testing 16.1 Good Faith Effort 9.11 Limitations on CONSULTANT 16.2 Mediation 10. CHANGES IN WORK 17. MISCELLANEOUS 10.1 Authorized Changes 17.1 Giving Notice 10.2 Unauthorized Changes 17.2 Computation of Time 10.3 Execution of Field Change Order/Change 17.3 Notice of Claims Order 17.4 Cumulative Remedies 11. CHANGE OF CONTRACT PRICE 17.5 Accident and Prevention 11.1 General 17.6 Florida Products and Labor 11.2 Cost of the WORK 17.7 Employees 11.3 Contractor's Fee 17.8 Non-Discrimination 11.4 Cash Allowances 17.9 Drug-Free Workplace 11.5 Unit Price WORK 17.10 Public Entity Crimes 11.6 Omitted WORK 17.11 Assignment 12. CHANGE OF CONTRACT TIME 17.12 Venue 12.1 General 17.13 Funding Out 12.2 Liquidated Damages 17.14 CITY'S Purchasing Card 12.3 Reimbursement of Consultant Expenses 17.15 Debarment 13. TEST AND INSPECTIONS: 17.16 Requirements for Personnel Entering CORRECTION, REMOVAL OR CITY'S property ACCEPTANCE OF DEFECTIVE WORK 17.17 Product Recall 13.1 Notice of Defects 17.18 Rights to Bid Documents 13.2 Access to WORK 17.19 Severability 13.3 Tests and Inspections 17.20 Verification of Employment Status 13.4 Uncovering WORK 17.21 Abbreviations and Symbols 13.5 CITY May Stop the WORK 13.6 Correction or Removal of Defective WORK 13.7 One Year Correction Period 13.8 Acceptance of Defective WORK 13.9 CITY May Correct Defective WORK 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Unit Price Bid Schedule 14.3 Application for Progress Payments 14.4 Contractor's Warranty of Title 14.5 Review of Applications for Progress Payment 14.6 Substantial Completion 14.7 Partial Utilization 14.8 Final Inspection 14.9 Final Application for Payment 14.10 Final Payment for Acceptance 14.11 Waiver of Claims 14.12 Punchlist Procedures 14.13 Reduction of Retainage Procedures TOC-24 GENERAL CONDITIONS A -641 06 ARTICLE 1—DEFINITIONS Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Acceptance: Written Acknowledgement by the CITY's Project Manager that the Work is fully complete in accordance with the Contract Documents. 1.2 Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify,correct,or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form accepted by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 Award Letter:The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated with the award letter,within the time specified,the CITY may enter into a Contract. 1.5 Bid:The offer of the BIDDER submitted on the prescribed form setting forth the prices of the Work. 1.6 Bidder:Any person,firm or corporation submitting a Bid for the Work directly to the CITY. 1.7 Bid Documents: Includes the Invitation to Bid,Instructions to Bidders,Bid Form,and proposed Contract Documents(including all Addenda issued prior to receipt of Bids). 1.8 Bonds:Bid,performance and payment bonds and other instruments of security,furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. 1.9 Change Order:A written order to the CONTRACTOR executed by the CITY,CONSULTANT,and CONTRACTOR authorizing an addition,deletion or revision in the Work,or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4"Clarifications and Interpretations"or orders minor changes in the Work in accordance with para.10.1"Authorized Changes in the Work". 1.10 CITY: The City of Boynton Beach, Florida, a municipal corporation, its authorized and legal representatives, the public entity with whom the CONTRACTOR has entered into the agreement and for whom the Work is to be provided.The term CITY will be used interchangeably with the term OWNER. 1.11 CITY's Representative: The person or persons designated by the CITY's Project Manager. The CITY's Project Manager may include the CONSULTANT. 1.12 Consultant:The person,firm or corporation named as such in the Contract Documents that acts as the CITY's authorized agent within the scope of work entrusted to them at the CITY. 1.13 Consultant's Representative: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR. 1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement. 1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by and signed and sealed by the CONSULTANT. The Conformed Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project. 1.16 Contract Documents:The Contract Documents establishing the rights and obligations of the parties and include the Contract,Contract/Bid,Addenda, CONTRACTOR's Bid(including documentation accompanying the Bid and any post Bid documentation submitted prior to the notice of award,when attached as an exhibit to the Contract,the Notice to Proceed,the Bonds,these General Conditions,the Supplementary Conditions,Special Conditions, and the Drawings as the same are more specifically identified in the Contract,together shall all Written Amendments,Change Orders,Field Change Orders(change orders as a result of Field changes),and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract.Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents.Files in electronic media format or text,data,graphics,and the like that may be furnished by CITY to CONTRACTOR are not Contract Documents. 1.17 Contract Price:The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document. 1.18 Contract Time:The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work. 1.19 CONTRACTOR:The individual,partnership,corporation,joint venture,or other legal entity with whom the CITY has entered into the Contract to perform work to complete the project that is the subject of the Bid. 1.20 DAY:A calendar day of 24 hours measured from midnight to the next midnight. 1.21 Defective Work: Work that is unsatisfactory,faulty, or deficient, or that does not conform to the Contract Documents, or does not meet the requirements of any inspection,reference standard,test or approval referred to in the Contract Documents,or Work that has been damaged prior to the CONSULTANT's recommendation of final payment. 1.22 Drawings:The drawings,plans,maps,profiles,diagrams,and other graphic representations which show character,location,nature,extent and scope of the Work,which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as defined in this paragraph. GC-25 page 1584 —6 4 06 1.23 Effective Date of the Contract: The date indicated in the Contract,but if no such date is indicated,it means the last date on which the Contract is signed by the last of all parties to execute the Contract. 1.24 Field Order: A written order issued by the CITY's Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The Field Order shall not impact Contract Price or Contract Time. 1.25 General Requirements:See General Conditions and Section 1 of the Technical Specifications as Special Conditions. 1.26 Laws and Regulations;Laws or Regulations:Laws,rules,codes,regulations,ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations,either federal,state or local. 1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project. 1.28 Notice to Proceed:The written notice issued by the CITY,or its agents,to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time,and the date the Contract Work to be completed. 1.29 Partial Utilization:Placing a portion of the Work in service for the purpose for which it is intended(or a related purpose)before reaching Substantial Completion for all the Work. 1.30 Project:The total construction of which the Work to be provided under the Contract Documents. 1.31 Resident Project Representative:The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof. 1.32 Responsible Bidder,Offeror,Quoter,or Respondent:An individual or business that has submitted a bid,offer,proposal,quotation,or response, which has the capability in all respects to perform fully the Contract requirements,and the integrity and reliability which will give reasonable assurance of good faith and performance. 1.33 Responsive Bidder,Offeror,Quoter,or Respondent,Vendor,Contractor:an individual,or business that has submitted a bid,offer, proposal, quotation,or response,which conforms in all material respects to the solicitation,including but not limited to compliance with any W/MBE requirements contained within the solicitation. 1.34 Shop Drawings:All drawings,diagrams, illustrations, brochures,schedules and other data which are prepared by or for the CONTRACTOR,a Subcontractor,manufacturer,supplier or distributor and which illustrate the equipment,material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives to take exception to any product,material,system or installation depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field Order or Change Order or any other modification of the Contract Documents,and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. 1.35 Special Conditions:When included as part of the Contract Documents,Special Conditions refer only to the Work under this Contract. Special Conditions take precedence over the General Conditions. 1.36 Specifications:Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems, standards or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub-Bidder:One who submits a Bid to a Bidder. 1.38 Sub-Contractor: An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub-Contractor for the performance of a part of the Work at the Site. 1.39 Substantial Completion:For purposes of this Contract,and for compliance of those procedures,duties and obligations as set forth in Florida Statutes §218.70 and§218.735,the term Substantial Completion shall be as follows,in lieu of any other definition: a. "Substantial Completion"is defined as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes,including but not limited to the completion of all specified systems and items relating to life safety and regulatory use,with the exception of incidental or incomplete items where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. b. Additional conditions(if any)needed to achieve Substantial Completion of the Work and which are project specific as set forth in attached Special Conditions. C. When the entire Project is considered to be Substantially Complete,this does not constitute Final Acceptance or Final Completion of the entire Project. 1.40 Successful Bidder: The lowest,qualified,responsible and responsive Bidder to whom the CITY(on the basis of the CITY's evaluation as hereinafter provided)makes an award. 1.41 Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions. 1.42 Supplier:A manufacturer,fabricator,supplier,distributor,material man,or vendor. 1.43 Surety:The corporate bodywhich is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid: a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit,overhead costs,and other indirect costs. b. Materially Unbalanced Bid:a bid which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced GC-26 Page 1582 OF 1 J-06 bid will result in the lowest ultimate cost to the CITY,or which is so mathematically unbalanced as to result in an advanced payment. 1.45 Unit Price Work:Work to be paid for on the basis of unit prices. 1.46 Utilities:All pipelines,conduits,ducts,cables,wires,manholes,vaults,tanks,tunnels,or other such facilities or attachments,and any encasements containing such facilities which have been installed underground or above ground to furnish any of the following services or materials:electricity,gases, steam,liquid petroleum,telephone,or other communications,cable television,water supply or distribution,sewage and drainage removal,traffic or other control systems. 1.47 Work:Any and all obligations,duties,and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the successful Bidder/CONTRACTOR under the Contract Documents,including all labor,materials,equipment,and other incidentals,and the furnished thereof. 1.48 Written Amendment:A written amendment of the Contract Documents,signed by the CITY and CONTRACTOR on or after the Effective Date of the Contract. ARTICLE 2—PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES: 2.1.1 The CONTRACTOR shall deliver to the CITY such Bonds and Insurance Policies,Certificates or other documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. The aforementioned documents must be submitted to the CITY prior to any work being performed. 2.2 COPIES OF DOCUMENTS: 2.2.1 The CITY shall furnish to CONTRACTOR ONE(1)copy(unless additional copies exist)of the Conformed Contract Documents for the execution of the Work. CONTRACTOR shall be responsible for procuring additional copies from the CONSULTANT. 2.3 NOTICE TO PROCEED: 2.3.1 The Contract Times shall commence to run on the date stated in the Notice to Proceed. 2.4 COMMENCEMENT THE WORK: 2.4.1 CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed,but no Work shall be done at the Site prior to such commencement date. 2.4.2 CONTRACTOR's Review of the Contract Documents: Before undertaking each part of the Work,CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to CONSULTANT any conflict,error,ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby. 2.5 PRE-CONSTRUCTION MEETING: 2.5.1 The CONTRACTOR is required to attend a preconstruction meeting within ten(10)days after the effective date of the Contract,but before any Work at the Site is started(unless otherwise specified in the Special Conditions). This meeting shall be attended by the CITY, CONSULTANT and others as appropriate in order to discuss the Work. 2.5.2 The CONTRACTOR's initial schedule for shop drawings submittals,obtaining permits and Plan of Operation and Critical Path Method (CPM)Schedule shall be reviewed and finalized. As a minimum,the CONTRACTOR's representatives should include its project manager and schedule expert. If the submittals are not finalized at the end of the meeting,additional meetings shall be held so that the submittals can be finalized prior to the submittal of the first Application for Payment. No Application for Payment shall be processed prior to receiving acceptable initial submittals from the CONTRACTOR. 2.5.3 CITY shall schedule pre-construction meeting. 2.5.3.1 Attendance Required: CITY's Project Manager, CONSULTANT, and CONTRACTOR/CM Project Manager anc Superintendent. 2.5.3.2 Agenda:Distribution of Conformed Contract Documents,Confirmation based on prior submission(during Bid process)of the list of Subcontractors,list of Products,Project Safety Plan,Schedule of Values and Progress Schedule. 2.5.3.3 Designation of personnel representing the parties in Contract and the CONSULTANT. 2.5.3.4 Procedures and processing of field decisions,submittals,substitutions,applications for payments,proposal requests,Change Orders,and Contract close-out procedures. 2.5.3.5 Issuance of Notice to Proceed. 2.5.3.6 Copies of the Application for Payment, Change Order, Submittal Requirements/Record, Request for Information (RFI), Shutdown Request,Boynton Beach Department of Engineering Right-of-Way Permit Procedure and Project Sign format will be distributed. 2.6 SITE MOBILIZATION MEETING: 2.6.1 CITY will schedule a meeting at the Project Site prior to CONTRACTOR occupancy. 2.6.2 Attendance Required:CITY,CONSULTANT,Special Consultants,and CONTRACTOR,CONTRACTOR's superintendent,and major Sub- Contractors. GC-27 Page 1589 of i 06 2.6.3 Agenda: 2.6.3.1 Use of premises by CITY and CONTRACTOR. 2.6.2.1 CITY's requirements and partial occupancy. 2.6.2.2 Construction facilities and controls provided by CITY. 2.6.2.3 Temporary utilities provided by the CITY. 2.6.2.4 Survey and building layout 2.6.2.5 Security and housekeeping procedures. 2.6.2.6 Schedules 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.6.2.9 Procedures for maintaining record documents. 2.6.2.10 Requirements for start-up of equipment. 2.6.2.11 Inspection and acceptance of equipment put into service during construction period. 2.6.2.12 CONSULTANT shall record minutes and distribute copies within two(2)days after meeting to participants,with copies to all, participants including CONTRACTOR,and those affected by decisions made. 2.7 PROGRESS MEETINGS 2.7.1 Schedule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings, prepare agenda with copies for participants,and preside at meetings. 2.7.2 Attendance Required:Job superintendent,major Sub-Contractors and suppliers,CITY,CONSULTANT,as appropriate to agenda topics for each meeting. 2.7.3 Agenda: 2.7.3.1 Review minutes of previous meetings. 2.7.3.2 Review of work progress. 2.7.3.3 Field observations,problems and decisions. 2.7.3.4 Identification of problems that impeded planned progress. 2.7.3.5 Review of submittal,schedule and status of submittals. 2.7.3.6 Review of off-site fabrication and delivery schedules. 2.7.3.7 Maintenance of progress schedule. 2.7.3.8 Corrective measures to regain projected schedules. 2.7.3.9 Planned progress during succeeding work period. 2.7.3.10 Coordination of projected progress. 2.7.3.11 Maintenance and quality of work standards. 2.7.3.12 Effect of proposed changes on progress schedule and coordination. 2.7.3.13 Other business related to work. 2.7.3.14 Record minutes and distribute copies within two(2)days after meeting to participants,with copies to CONSULTANT,CITY, and those affected by decisions made. 2.8 PRE-INSTALLATION MEETING: 2.8.1 When required in individual specification section,convene a pre-installation meeting at the site prior to commencing work on the section. 2.8.2 Require attendance of parties directly affecting,or affected by,work of the specific section. 2.8.3 Notify CITY and CONSULTANT five(5)working days in advance of meeting date. 2.8.4 Prepare agenda and preside at meeting. 2.8.5 Review conditions of installation,preparation and installation procedures. 2.8.6 Review coordination with related work. 2.8.7 Record minutes and distribute copies within three(3)days after meeting to participants with copies to CONSULTANT,CITY and those affected by decisions made. 2.9 FINALIZING SCHEDULES: 2.9.1 Within ten(10)days of receiving the Notice to Proceed,the CONTRACTOR shall submit the final schedule approved by the CITY and CONSULTANT. The finalized progress schedule shall be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time. Such acceptance shall neither impose on the CITY's responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility thereof. The finalized schedule of Shop Drawing submissions shall be acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized Schedule of Values shall be acceptable to the CITY as to form and substance. 2.10 SUBMITTAL PROCEDURES: 2.10.1 SCOPE OF WORK:Administrative and procedural requirements for processing of submittals during construction process.Submittals may include the following: a) Proposed Products Lists b) Proposed Vendor List c) Product Data d) Shop Drawings e) Samples GC-28 06 f) Design Data g) Field Test Reporting h) Quality Control Reporting i) Certificates j) Manufacturer's Installation,Handing and Storage Instructions k) Manufacturer's Field Reports 1) Erection Drawings m) Close-out Documents n) Warranties o) Scheduling of Work p) Construction Progress Schedule q) Submittals Schedule r) Survey and Layout Data s) Construction Progress Reporting t) Periodic Work Observation u) Photographic Documentation v) Purchase Order Tracking w) Operation and Maintenance Documentation 2.10.2 RELATED SECTIONS: A. Payment Procedures B. Project Coordination C. References D. Quality Control E. Product Storage and Handling Requirements F. Close-out Submittals 2.10.2.1 SEE 2.10.2 RELATED SECTIONS AND SUBMITTAL SECTIONS 2.10.1 FOR INDIVIDUAL SUBMITTAL PROCEDURES. 2.10.3 SUBMITTAL PROCEDURES-GENERAL 2.10.3.1 Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY. 2.10.3.2 Transmit each submittal with CITY's Standard Transmittal Form. 2.10.3.3 Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix. 2.10.3.4 Identify project,CONTRACTOR,Sub-Contractor or supplier pertinent drawing and detail number,and specification section number,as appropriate. 2.10.3.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval,verification of products required, field dimensions,adjacent construction work,and coordination of information are in accord with requirements of the Work and Contract Documents. 2.10.3.6 Schedule submittals to expedite the Project,and delivery to CONSULTANT and CITY at business address. Coordinate submission of related items. 2.10.3.7 For each submittal for review,allow fifteen(15)days including delivery time to and from the CONTRACTOR. 2.10.3.8 Identify variations from Contract Documents and product or system limitations,which may be detrimental to successful performance of the completed Work. 2.10.3.9 Provide space for CONTRACTOR and CONSULTANT review stamps. 2.10.3.10 When revised for resubmission,identify all changes made since previous submission. 2.10.3.11 Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 2.10.3.12 Submittals not requested will not be recognized or processed. 2.10.4 PRODUCT DATA 2.10.4.1 Product Data for Review: 2.10.4.1.1 Submit to CONSULTANT for review for purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2.10.4.1.2 After review,provide copies and distribute per Submittal Procedures article above and for Record Documents purposes described in the Special Conditions 01740"Project Documentation and Closeout." 2.10.4.2 Product Data for Project Information: 2.10.4.2.1 Submittal for CONSULTANT's knowledge as contract administrator for CITY. 2.10.4.3 Product Data for Project Close-out. 2.10.4.3.1 Submit for CITY's benefit during and after the project completion. 2.10.4.4 Submit required number of copies as per CONTRACTOR/CM,plus two(2)copies for CONSULTANT. 2.10.4.5 Mark each copy to identify applicable products,models,options and other data. 2.10.4.6 Supplement manufacturers'standard data to provide information unique to project. 2.10.4.7 Indicate product utility and electrical characteristics,utility connection requirements,and location of utility outlets for service for functional equipment and appliances. 2.10.4.8 After review,distribute in accord with Submittal Procedures article above and provide copies for Record Documents described in the GC-29 page 158c; -6 4 06 Special Conditions 01740"Project Documentation and Closeout." 2.10.5 CONSTRUCTION SUBMITTALS 2.10.5.1 Submit one(1)copy of Building Permit,Site Permits,Environmental Permits,or other permits required for construction of work. 2.10.5.2 Submit Payment Applications to CONSULTANT for review for purpose of checking conformance with information given and design concept expressed in Contract Documents. 2.10.5.3 Certificates 2.10.5.3.1 When specified, submit certification by manufacturer, installation/application Sub-Contractor, or CONTRACTOR to CONSULTANT,in quantities specified for Product Data. 2.10.5.3.2 Indicate material or Product conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date,affidavits,and certifications as appropriate. 2.10.5.3.4 Certificates may be recent or previous test results on material or Product,but must be acceptable to CONSULTANT. 2.10.5.4 Manufacturer's Instructions: 2.10.5.4.1 When specified, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing,to CONSULTANT for delivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procedures,perimeter conditions requiring special attention,and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control and Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Field Reports: 2.10.5.5.1 Submit reports to CONSULTANT and CITY's Project Manager. 2.10.5.5.2 Submit report within ten(10)days of observation to CONSULTANT. 2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6 Erection Drawings: 2.10.5.6.1 Submit drawings to CONSULTANT and CITY's Project Manager. 2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY. ARTICLE 3—USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary:what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County,Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work,functionally complete,to be constructed in accordance with the Contract Documents. Any labor,documentation,services,materials,or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: 3.2.1 Reference to standard specifications,manuals or codes of any technical society,organization,or association,or to the Laws or Regulations of any governmental authority,whether such reference be specific or by implication,shall mean the latest standard specification,manual, code or Laws or Regulations in effect at the time of opening of Bids,except as maybe otherwise specifically stated. However,no provision of any referenced standard specification,manual or code(whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their agents or employees from those set forth in the Contract Documents,nor shall it be effective to assign to CITY,CONSULTANT,or CONSULTANT's agents or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. 3.3 REVIEW OF CONTRACT DOCUMENTS: 3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part hereof and consist of the following: 3.3.1.1 The Purchase Order 3.3.1.2 Contractor's Bid and Bid Bonds 3.3.1.3 Bid Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Bidders 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Addenda 3.3.1.10 Recorded Public Construction Performance and Payment Bond in a form supplied by the CITY,which shall be provided to the CITY by the CONTRACTOR, along with the return of an executed Purchase Order. The CONTRACTOR shall be responsible for recording the Public Construction Bond. GC-30 page 158A -6 4 06 3.3.1.11 Insurance Certificates shall be provided by the CONTRACTOR,along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications,including change orders,duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments,any conflict between the terms and conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted in favor of this Contract. 3.3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, the CONTRACTOR shall so notify the CONSULTANT,in writing,at once and before proceeding with the Work affected thereby,and shall obtain written interpretation or clarification except in an emergency as authorized in paragraph 6.13 3.4 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS: 3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents,the order of precedence shall be as follows: 1. Change Order 2. Construction Contract or Purchase Order. 3. Addenda,with later date having greater priority. 4. Bid Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bidders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. However,In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents,the following descending order of precedence shall prevail: 1. Specifications 2. Drawings 3. Special/Supplemental Conditions 4. General Conditions 5. Item Description. 3.4.2 With reference to Drawings,the order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail drawings govern over general drawings. 3. Addenda/Change Order drawings govern over any other drawings. 4. Drawings govern over standard drawings. 3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5(Amending of Contract Documents),the provisions of the Contract Documents shall take precedence in resolving any conflict,error,ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard,specifications,manual,code or instruction(whether or not specifically incorporated by reference in the Contract Documents),or 2. The provisions of any such Law or Regulations applicable to the performance of the Work(unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of CITY,CONTRACTOR or CONSULTANT,or any of their Sub-Contractors,agents or employees from those set forth in the Contract Documents,nor shall it be effective to assign to CITY,CONSULTANTS or any of CONSULTANT's agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract Documents. 3.5 AMENDING CONTRACT DOCUMENTS: 3.5.1 The Contract Documents may be amended to provide for additions,deletions and revisions in the Work or to modify the terms and conditions thereof by a Change Order(pursuant to Article 10,Changes in Work). 3.5.2 Additionally,the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized,in one or more of the following ways: 3.5.2.1 A Change Order(pursuant to paragraph 10,Changes in Work) 3.5.2.2 CONSULTANT's approval of a Shop Drawings or sample(pursuant to paragraph 6.11,Shop Drawings and Samples),or 3.5.2.3 CONSULTANT's written interpretation or clarification(pursuant to paragraph 9.4,Clarifications and Interpretations). 3.6 REUSE OF DOCUMENTS: 3.6.1 Neither CONTRACTOR nor any Sub-Contractor or Supplier or other persons or organizations performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings,Special Conditions or other documents used on the Work,and,they shall not reuse any of these on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. ARTICLE 4—SITE OF WORK GC-31 page 158W -6 4 06 4.1 AVAILABILITY OF LANDS: 4.1.1 The CITY shall furnish,as indicated in the Contract Documents,the lands upon which the Work is to be performed,rights-of-way and easements for access thereto and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the CITY,unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands of rights-of-way provided. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities of storage of materials and equipment. 4.1.2 Occupying Private Land:The CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner,and a copy of such easement furnished to the CITY and CONSULTANT prior to said use,and neither the CITY nor the CONSULTANT shall be liable for any claims or damages resulting from the CONTRACTOR's trespass on or use of any such properties. The CONTRACTOR shall provide the CITY with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work. 4.1.3 Work in State,County and CITY Rights-of-Way and Easements:When the Work involves the installation of sanitary sewers,storm sewers, drains,water mains,manholes, underground structures,or other disturbances of existing features in or across streets,rights-of-way, easements,or other property,the CONTRACTOR shall(as the Work progresses)promptly back-fill,compact,grade and otherwise restore the disturbed area to a basic condition which shall permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth,large stones,boulders,and debris shall be removed so that the Site presents a neat appearance as part of the Contract. 4.1.4 Work Adjacent to Telephone,Power,Cable TV,and Gas Company Structures:In all cases where Work is to be performed near telephone, power,water,sewer,drainage,cable TV,or gas company facilities,the CONTRACTOR shall provide written notification to the respective companies of the areas of which Work is to be performed,prior to the actual performance of any Work in these areas. 4.1.5 Use of Public Streets:The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular and non-vehicular traffic. The CONTRACTOR shall remove any earth or excavated materials spilled from trucks and clean the streets to the satisfaction of the CITY,the CONSULTANT,the Florida Department of Transportation,or other agency or governmental entity having jurisdiction,as applicable. 4.2 REPORTS OF PHYSICAL CONDITIONS: 4.2.1 Subsurface Explorations:Where applicable,reference is made in the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.2 Existing Structures:Where applicable,reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities referred to in paragraph 4.3 herein) which are at or contiguous to the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.3 Neither the CITY nor CONSULTANT makes any interpretation as to the completeness of the reports or drawings referred to in paragraphs 4.2.1 "Subsurface Explorations" or 4.2.2"Existing Structures" above or the accuracy of any data or information contained herein. CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but not for the completeness thereof for CONTRACTOR"s purposes including but not limited to, any aspects of the means, methods, techniques, sequences,and procedures of construction to be employed by the CONTRACTOR and safety precautions and programs incident thereto. The CONTRACTOR may not rely upon any interpretation of such technical data,including any interpolation or extrapolation thereof,or any non-technical data,interpretations,and opinions contained therein. 4.2.4 Where the dimensions and location of existing structures are of importance to the installation or connection of new Work, the CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR's failure to verify such dimensions and locations, or for inaccurate verifications by CONTRACTOR. CONTRACTOR shall bear the full cost of any modifications to the Work which result from subsurface conditions which result from subsurface conditions which could have been reasonably been discovered prior to commencement of the Work or a portion of the work. 4.3 PHYSICAL CONDITIONS—UNDERGROUND FACILITIES: 4.3.1 Indicated:The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the Site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 4.3.1.1 The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data,and 4.3.1.2 The CONTRACTOR shall notify the Underground Service Alert(USA)System,Phone No.1-800-227-2600 and Sunshine State One Call Services(1-800-432-4770)at least forty-eight(48)hours in advance of the commencement of Work at any site to allow the member of utilities to examine the construction site and mark the location of the utilities'respective facilities. 4.3.1.3 The CONTRACTOR acknowledges that some(or all)of the utility companies with facilities shown on the drawings may not be members of the USA System or Sunshine State One Call Services,and therefore,not automatically contacted by the above referenced telephone number.The CONTRACTOR will be responsible for making themselves aware of utility company facilities not reported by the USA System or Sunshine State One Call Services,and shall be liable for any and all damages stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities. The CONTRACTOR shall be responsible for notifying all of the utilities at least forty-eight(48) hours in advance of the commencement of Work at any site to allow the utilities to examine the construction site and mark the location of the utilities' respective facilities. The CONTRACTOR shall also be responsible for verifying that each utility has responsibly responded to such notification. 4.3.1.4 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. Further, the GC-32 page 158A -6 4 06 CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in Contract Documents,for coordination of the Work with the owners of such Underground Facilities during construction,for the safety and protection thereof as provided in paragraph 6.10,and repairing any damage thereto resulting from Work,the cost of all of which shall be considered as having been included in the Contract Price. 4.3.1.5 All water pipes,sanitary sewers,storm drains,force mains,gas mains,or other pipes,telephone or power cables or conduits, pipe or conduit casings,curbs,sidewalks,service lines,and all other obstructions,whether or not shown,shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify both the CITY and occupant of such facilities five(5)calendar days before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables,the CONTRACTOR shall obtain permission from the CITY or occupant,or shall make suitable arrangements for their disconnection by the CITY or occupant. The CONTRACTOR shall be responsible for all damages to any such pipes,conduits or cables,and shall restore them to service promptly,as part of the Work,as soon as the Work has progressed past the point involved. Approximate locations of known water,sanitary,drainage,natural gas,power,telephone and cable TV installations along the route of new pipelines or in the vicinity of new Work are shown,but are to be verified in the field by the CONTRACTOR prior to performing the Work. The CONTRACTOR shall uncover these pipes, ducts,cables,etc. carefully by hand prior to installing their work. Any discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. 4.3.2 Not Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown,nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of,CONTRACTOR shall promptly,after becoming aware of thereof and before performing any Work affected thereby(except in an emergency as permitted by paragraph 6.10), identify the owner of such Underground Facility and give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility.The Contract Documents shall be amended or supplemented to the extent necessary.During such time,CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13. 4.4 DIFFERING SITE CONDITIONS 4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing,of the following unforeseen conditions,hereinafter called differing Site conditions,within twenty-four(24)hours upon their discovery(but in no event later than seven(7)days after their discovery)and before they are disturbed: 4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated,described,or delineated in the Contract Documents,including those reports discussed in paragraph 4.2 and 4.3(Physical Conditions,Underground Facilities),and 4.4.1.2 Any unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in paragraph 4.2 and 4.3 4.4.2 CONSULTANT shall promptly review the pertinent conditions,determine the necessity of obtaining additional explorations or tests with respect thereto,and advise the CITY in writing(with a copy to the CONTRACTOR)of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concludes that because of newly discovered conditions a change in the Contract Documents is required,a Change Order shall be issued as provided in Article 10(Changes in Work)to reflect and document the consequences of the difference. 4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof,shall be allowable to the extent that they are attributable to any such inaccuracy or difference.No such change shall occur if the differing site conditions could reasonably have been discovered by CONTRACTOR prior to commencement of Work, or a portion of the Work,through the subsurface explorations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof,a claim may be made therefor as provided in Article 11(Change of Contract Price) and Article 12(Change of Contract Time). 4.4.5 The CONTRACTOR's failure to give notice of differing Site conditions within twenty-four(24)hours or no later than seven(7)days of their discovery and before they are disturbed, shall constitute a waiver of all claims in connection therewith,whether direct or consequential in nature. 4.5 REFERENCE POINTS: 4.5.1 The CITY shall provide,if available,engineering surveys to establish reference points for construction,which in CONSULTANT'sjudgment are necessary to enable CONTRACTOR to proceed with the Work. 4.5.2 CONTRACTOR shall be responsible for laying out the Work(unless otherwise specified in the General Requirements),shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5—BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executed Contract or receipt of Award letter from the CITY,furnish Performance and Payment Bonds,each in an amount at least ONE HUNDRED PRECENT(100%)of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. Said bonds must be provided to the CITY within ten(10) business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY; or the CITY,at its sole discretion and option may terminate the contract. These bonds shall remain in effect at least until one(1)year GC-33 page 158Q -6 06 after the date when final payment becomes due,except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions. Each Bond shall be furnished in an amount equal to ONE HUNDRED PERCENT(100%)of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specified and supplied by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognized Surety Company,acceptable to the CITY,listed on the current list of"Companies Holcing Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies"as published in Circular 570 (amended) by the Audit Staff,Bureau of Government Financial Operations vs Treasury Department,and meet other requirements of Section 287.0935 Florida Statutes. For projects exceeding five hundred thousand dollars($500,000),all bonds shall be placed with sureties with Best Ratings as stated below: The name,address,and telephone number of the surety and its agent must be listed on the bond. 5.1.3 For contracts up to$499,999.99,the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Bid is issued for the Work,otherwise the surety shall have the minimum ratings: CONTRACT AMOUNT BEST KEY RATING Under$500,000 Class IX A or better $500,000 to Class XI A or $2,499,999.99 better Over$2,500,000 Class XIV A or better 5.1.4 The Bond shall specifically incorporate and acknowledge the Surety's responsibility for liquidated damages. 5.1.5 Bonds shall be executed and issued by a registered agent,licensed and having an office in the State of Florida representing such corporate sureties. 5.1.6 If the CONTRACTOR is a partnership,the Bond shall be signed by each of the individuals who are partners;if a corporation,the Bond shall be signed in the correct corporate name by duly authorized officer,agent,or attorney-in-fact. There shall be an appropriate number of executed counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond shall be accompanied by a)appropriate acknowledgement of the respective parties,b)appropriate duly certified copy of Power-of-Attorney or other certification of authority where Bond is executed by agent,officer or other representative of CONTRACTOR or Surety;c)duly certified extract from by-laws or resolutions of Surety under which Power-of-Attomey,or other certificate of Authority of its agent, officer or representative was issued. 5.1.7 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent,or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 5.1.3 and 5.1.4,CONTRACTOR shall within five(5) days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY's form,and the CITY has approved the Bond. 5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County,Florida. Proof of recordation must be submitted to Procurement Services Division.The Bond number must be stated on the first page of the Bond. 5.2 INSURANCE: 5.2.1 The CONTRACTOR agrees to,in the performance of Work and services under this Agreement,comply with all federal,state,and local laws and regulations now in effect,or hereinafter enacted during the term of this Agreement that are applicable to the CONTRACTOR,its employees,agents,or Sub-Contractors,if any,with respect to the Work and services described herein. The CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as required by the CITY's Risk Management Department before beginning work under this Agreement.The CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. The CONTRACTOR shall provide to the CITY's Risk Management Department,all insurance certificates required under this section prior to beginning any work under this Agreement. The CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to it for failure to either CONTRACTOR or any Sub-Contractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage,which the CONTRACTOR agrees to maintain during the term of this Contract,unless otherwise stated: GC-34 Page 1598 %5F 1 J-06 Occurrence Aggregate Line of Business/Coverage $1,000,000 $2,000,000 Commercial General Liability, including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $2,000,000 (including owned, non- owned,and hired) Worker's Compensation&Employer's Liability -Statutory Limits: $500,000 per each disease $500,000 per each accident and $500,000 each employee 5.2.2 The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement. 5.2.3 Neither the CONTRACTOR nor any Sub-Contractor shall commence work under this Contract until they have obtained all insurance required under this section and have supplied the CITY with evidence of such coverage in the form of an insurance certificate and endorsement. The CONTRACTOR shall ensure that all Sub-Contractors shall comply with the above guidelines and shall maintain the necessary coverage throughout the term of this Agreement. In the CITY's sole discretion,CONTRACTOR's failure to timely secure all required insurance shall void this Agreement and the Bid Award and the CITY may select and contract with another reasonable Bidder. 5.2.4 All insurance carriers shall be rated at least A-VII per A.M.Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be"Occurrence"form. Each carrier shall give the CITY sixty(60)days notice prior to cancellation. 5.2.5 The CONTRACTOR's general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, representatives and elected officials as an"additional insured".The CONTRACTOR's Worker's Compensation carrier shall provide a Waiver of Subrogation to the CITY.The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions. 5.2.6 The CITY may require that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement,the CONTRACTOR must provide the CITY with evidence of Professional Liability Insurance with,at a minimum,a limit of$1,000,000 per occurrence and$2,000,000 in the aggregate. "Claims-Made" forms are acceptable for Professional Liability Insurance. 5.2.7 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event,the Bidder shall maintain such Professional Liability Insurance in effect for three(3)years after the completion of the Project. 5.2.8 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker's Compensation Insurance,the U.S.Longshoremen and Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY require the Bidder to carry Builder's Risk Insurance for the Project,it must be in the amount equal to the full replacement cost of the Project. 5.2.10 Fulfillment by the Bidder of the insurance provisions does not limit the Bidder's liability to the amount of the policy limits. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.1 CONTRACTOR STATUS: 6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor,between the CITY and the CONTRACTOR,its employees, agents, Sub-Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole responsibility for the means,methods,techniques,sequences,and production of the Work. 6.2 CONTRACTOR RISK: 6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR,on account of the amount or character of the Work,or because of the nature of the ground beneath,in or on which the Work is done is different from what was assumed or expected,or because of bad weather,or because of errors or omissions in their or its bid on the Contract Price,or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the Site,has conducted sufficient investigation of the surface and sub-surface conditions in order to submit its bid,has become familiar with the local conditions under which the Work is to be performed,and correlated personal observations with the GC-35 page 1594 -6 4 06 requirements of the Contract Documents. 6.2.2 The CONTRACTOR shall protect the entire Work,all materials under the Contract and the CITY's property(including machinery and equipment)in,or on,or adjacent to the Site of the Work until final completion of Work,from action of the elements,acts of other contractors, or except as otherwise provided in the Contract Documents,and from any other causes whatsoever,should any damage occur by reason of any of the foregoing,the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Manager. Neither the CITY,nor its officers,employees,or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the CONTRACTOR. 6.2.3 At its expense,the CONTRACTOR shall take all necessary precautions(including without limitation)the furnishing of guards,fences, warning signs,walks,flags,cables and lights for the safety of and the prevention of injury,loss and damage to persons and property. The term"persons"includes without limitations,members of the public,the CITY and its employees and agents,the Project Manager and his/her employees,CONTRACTOR's employees,CONTRACTOR"s Sub-Contractors and Sub-Contractors respective employees,who are on or about or adjacent to the premises where said Work is to be performed.CONTRACTOR shall comply with all applicable provisions of safety laws,rules,ordinances,regulations and orders of duly constituted federal,state,and local authorities and building codes. 6.2.4 The CONTRACTOR assumes all risk of loss,damage and destruction to all of its materials,tools,appliances and property of every description and that of its Sub-Contractors and Sub-Contractor's respective employees or agents, and injury to or death of the CONTRACTOR,its employees,Sub-Contractors or Sub-Contractor's respective employees or agents,including legal fees,court costs or other legal expenses,arising out of or in connection with the performance of this Contract. 6.3 SUPERVISION AND SUPERINTENDENCE: 6.3.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means,methods,techniques,sequences and procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as its CONTRACTOR's representative at the Site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the CONTRACTOR's home office). CONTRACTOR shall notify the CITY in writing of the name,title and contact information for the designated supervisor/superintendent. 6.4 LABOR,MATERIALS AND EQUIPMENT: 6.4.1 The CONTRACTOR shall provide competent,suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents.They shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto,and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein,and CONTRACTOR shall not permit overtime work or the performance of Work on Saturday,Sunday,or any legal holiday observed by the CITY,without the CITY's Project Manager's written consent. 6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials,equipment,labor,transportation,construction equipment and machinery, tools, appliances,fuel, power, light, heat, telephone,water and sanitary facilities and all other facilities and incidentals necessary for the execution,testing,initial operation and completion of the Work. All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost, stolen,or damaged while stored on the job site. 6.4.3 Condition of Materials:All materials and equipment shall be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved,such materials shall be delivered to the Site in their original packages or container with seals unbroken and labels intact. 6.4.4 Installation/Assembly:All materials and equipment shall be applied, installed,connected,erected, used,cleaned and conditioned in accordance with the instructions of the applicable manufacturer,fabricator or processors,except as otherwise provided in the Contract Documents. 6.4.5 Materials,Equipment,Products and Substitutions: CONTRACTOR shall verify that materials,equipment,and products incorporated in the Work are fit for their intended purpose before being purchased by the CONTRACTOR. However,the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager a list of proposed materials,equipment or products,together with such samples considered substitutes as may be necessary to determine their acceptability and obtain approval,pursuant to Section 32,Instruction to Bidders if prior to award,or after award,within ten(10)calendar days after the CONTRACTOR should have been aware of the need for substitution,unless otherwise stipulated in the Special Conditions. No request for payment for"or equal"equipment shall be approved until this list has been received and approved by the CONSULTANT. The CITY may require the CONTRACTOR to furnish at CONTRACTOR's expense,a special performance guarantee or other surety with respect to any substitute. 6.4.5.1 Whenever a material,article,or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue number,it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements,and that other products of equal capacities,quality and function may be considered. The CONTRACTOR may request the substitution of a material,article,or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if,the opinion of the CONSULTANT and CITY, such material,article,or piece of equipment is of equal substance and function to that specified,the CONSULTANT with concurrence of the CITY's Project Manager may approve its substitution and use by the CONTRACTOR. 6.4.5.2 The application shall state that the evaluation and acceptance of the proposed substitute shall not prejudice CONTRACTOR's achievement of Substantial Completion on time,whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents(or in the provisions of any other direct contract with the CITY for Work on the Project)to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance,repair,and replacement service shall be indicated. GC-36 page 159Q -6 06 6.4.5.3 The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR's expense, additional data about the proposed substitute. 6.4.5.4 Incidental changes or extra component parts required to accommodate the substitute shall be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the CONSULTANT and CONSULTANT'S consultants for evaluating each proposed substitution. These costs shall include transportation,to operating installation at factories,etc. 6.4.5.5 No substitute shall be ordered or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considered justifiable grounds for an extension of construction time. 6.4.5.7 Should any work or materials,equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work,such Work or materials shall be removed and replaced,together with any work disarranged by such alterations,at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. 6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub-Contractor subject to any chattel mortgage or under conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that it has clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means,method,technique,sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction,if applicable,to the CITY and CONSULTANT,if CONTRACTOR submits sufficient information to allow CITY and CONSULTANT to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the CITY and CONSULTANT shall be similar to that provided in paragraph 6.4.5.1 (Materials,Equipment,Products and Substitutions,par.2)as applied by CONSULTANT and as may be supplemented in the Special Conditions. 6.4.5.10 Any two(2)or more pieces of material or equipment of the same kind,type or classification,and being used for identical types of service,shall be made by the same manufacturer. 6.5 CONCERNING SUBCONTRACTORS: 6.5.1 The CONTRACTOR shall not employ any sub-contractor,other persons or organization(whether initially or as a substitute)against whom the CITY or the CONSULTANT may have reasonable objection,nor shall the CONTRACTOR be required to employ any sub-contractor against whom it has reasonable objection. The CONTRACTOR shall not make any substitution for any sub-contractor who has been accepted by the CITY's Project Manager and the CONSULTANT,unless the CONSULTANT determines that there is good cause for doing so. If after bid opening and prior to the award of the Contract,the CITY objects to certain suppliers or sub-contractors,the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the Contract Price or Contract Time. If the Contract Price or Contract Time is increased or extended,the CITY may return the Bid Bond and award the Contract to the next qualified, competent Bidder. If after the award of the Contract,the CITY objects to certain suppliers or sub-contractors,the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such sub-contractor,supplier,or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 6.5.2 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of its Sub-Contractors and of persons and organizations directly or indirectly employed by the CONTRACTOR and of persons and organizations for whose acts any of CONTRACTOR or Sub-Contractor may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Sub-Contractor or other person or organization having a direct contract with CONTRACTOR,nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to the payment of any moneys due any sub-contractor or other person or organization,except as may otherwise be required by law. CITY or CONSULTANT may furnish to any sub-contractor or other person or organization,to the extent practicable,evidence of amounts paid to CONTRACTOR on account on specific Work done in accordance with the Schedule of Values. 6.5.3 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among sub-contractors or delineating the Work to be performed by any specific trade. 6.5.4 Terms and Conditions:The CONTRACTOR agrees to bind specifically every sub-contractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5.5 Agreement:Any and all Work performed for the CONTRACTOR by a sub-contractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the sub-contractor. 6.5.6 Responsibility:The CONTRACTOR shall be responsible for the coordination of the trades,sub-contractors and material men engaged upon in work of the Project... 6.5.7 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work,to bid sub-contractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of sub- contractors,and to give the CONTRACTOR the same power as regards terminating any sub-contract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.5.8 The CITY or CONSULTANT shall not undertake to settle any differences between the CONTRACTOR and his sub-contractors or between sub-contractors. 6.5.9 If in the opinion of the CITY's Project Manager or CONSULTANT,any subcontractor on the Project proves to be incompetent or otherwise unsatisfactory,such Sub-Contractor shall be replaced if and when directed in writing. GC-37 Page 1599 of i 06 6.5.10 CONTRACTOR shall also: 6.5.10.1 Observe work of each subcontractor to monitor compliance with Schedule. 6.5.10.2 Verify that labor and equipment are adequate for the Work and the Schedule. 6.5.10.3 Verify that product procurement schedules are adequate. 6.5.10.4 Verify that product deliveries are adequate to maintain schedule. 6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes. 6.6 PATENTS,FEES AND ROYALTIES: 6.6.1 The CONTRACTOR shall pay all license fees and royalties and assume all cost incidents to the use of any invention,design,process or device which is the subject of patent rights or copyrights held by others. They shall indemnify and hold harmless the CITY and CONSULTANT and anyone directly or indirectly employed by either of them from and against all claims,damages,losses and expenses (including attorney's fees)arising out of any infringement of such rights during or after completion of the Work,and shall defend all such claims in connection with any alleged infringement of such rights. 6.6.2 Patent rights: The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances,articles or systems prior to bidding. However,they shall not be responsible for such determination on systems which do not involve purchase by them of materials,appliances and articles. 6.7 PERMITS,LAWS AND REGULATIONS: 6.7.1 Permits:The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work,which are applicable at the time of its Bid. The CITY shall assist the CONTRACTOR,when necessary,in obtaining such permits and licenses. The CITY shall be invoiced at actual cost without markup. 6.7.2 The CONTRACTOR shall also pay all public utility charges. The CONTRACTOR shall be responsible for obtaining dewatering permits as required. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florida Department of Environmental Regulations,United States Environmental Protection Agency and any other regulatory agency requirements including financial responsibility(fines,etc). 6.7.3 Laws and Regulations: The CONTRACTOR shall give all notices and comply with all laws,ordinances,rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, they shall give the CONSULTANT prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws,ordinances,rules and regulations,and without such notice to the CONSULTANT,they shall bear all costs arising therefrom,however,is shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws,ordinances,rules and regulations. 6.8 TAXES: 6.8.1 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. 6.9 RECORD DOCUMENTS/RIGHT TO AUDIT: 6.9.1 The CONTRACTOR shall keep in a safe place one record copy of all Specifications, Drawings,Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. Such documents shall be available to the CONSULTANT and shall be delivered to the CONSULTANT for the CITY upon completion of the Project.Such documents shall be used for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all documents specified herein is made by the CITY's Project Manager. 6.9.2 The awarded CONTRACTOR shall maintain during the term of the Contract all books,reports,and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The awarded CONTRACTOR agrees to make available to the CITY's auditor,during normal business hours,all books of account,reports,and records relating to this Contract for the duration of the Contract and retain them for a minimum period of three(3)years. 6.9.3 The awarded CONTRACTOR shall be aware that the Palm Beach County,Office of Inspector General investigators shall have the power without limitation to audit,investigate,monitor,inspect and review the operations,activities,performance and procurement process of the CONTRACTOR,its Sub-Contractors and lower tier subcontractors and its officers,agents and employees relating to the Contract. 6.9.4 If the CONTRACTOR submits a claim to the CITY for additional compensation,the CITY shall have the right,as a condition to considering the claim,and as a basis for evaluation of the claim,and until the claim has been settled to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books,records,documents,and other evidence and accounting procedures and practices,sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants,or such parts thereof,as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all Sub-Contractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR.Upon request by the CITY,CONTRACTOR shall provide the accounting records and documents,and other financial data and shall submit true copies of requested records to the CITY. 6.10 SAFETY,PROTECTION AND EMERGENCIES: 6.10.1 CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work.CONTRACTOR shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to: GC-38 Page 1594 %5F 1 J-06 6.10.1.1 All employees on the Work and other persons,who may be affected thereby, 6.10.1.2 All the Work and all materials or equipment to be incorporated therein,whether in storage on or off the Site,and 6.10.1.3 Other property at the Site or adjacent thereto,including trees,shrubs,lawns,walks,pavements,roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. 6.10.2 CONTRACTOR shall comply with all applicable laws,ordinances,rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage,injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and protection. 6.10.3 CONTRACTOR shall notify owner of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection,removal,relocation and replacement of their property. 6.10.4 All damage,injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly,in whole or in part,by CONTRACTOR,any Sub-Contractor,Supplier or any other person or organization directly or indirectly employed by any such entity to perform or furnish any of the Work for anyone for whose acts may be liable,shall be remedied by CONTRACTOR.CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT. 6.10.5 CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6(Substantial Completion)that the Work is acceptable or until any and all final"punch list"items are completed,whichever is later. 6.10.6 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery,equipment and all hazards shall be guarded in accordance with the safety provisions of the"Manual of Accident Prevention in Construction"as published by the Associated General Contractors of America,Inc.to the extent that such provisions are not in conflict with applicable laws. 6.10.7 The CONTRACTOR shall maintain an accurate record of all cases of death,occupational disease,or injury requiring medical attention or causing loss of time from Work,arising out of an and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight(48)hours of the event or as per specific timeframe specified by such Local Public Agency. 6.10.8 SAFETY REPRESENTATIVE:CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. 6.10.9 HAZARD COMMUNICATION PROGRAMS:CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the Site in accordance with Laws and Regulations. 6.10.10 SUPERINTENDENT:The CONTRACTOR shall designate a responsible member of their organization at the Site whose duty shall be prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY's Project Manager. 6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the CONTRACTOR,without special inspection or authorization from the CONSULTANT or the CITY's Project Manager is obligated to act,at its discretion,to prevent damage,injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager and CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to an emergency,a Change Order shall be issued to document the consequences of the changes or variations. 6.10.13 During adverse weather,and against the possibility thereof,the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required,protection shall be provided by the use of tarpaulins,wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather,including unusually high winds and water levels and they shall take such precautions and procure such additional insurance as they deem prudent. The CONSULTANT may suspend construction operations at any time when in their judgment,the conditions are unsuitable or the proper precautions are not being taken,whatever the weather or water level conditions may be,in any season. 6.10.14 If the CONTRACTOR believes that additional work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time,they may make a claim therefor as provided in Article 11 (Change in Contract Price)and Article 12,(Change in Contract Time). 6.10.15 NATIONAL EMERGENCY:In the event the CITY is prevented from proceeding with any or all of the Work as stated in the Contract due to a declaration of war,or national emergency by the United States government,whereas the construction of the type contracted for herein is specifically prohibited by statute or government edict,or due to the stoppage of construction caused by any governmental agency,state, CITY,town,or county regulations,orders,restrictions,or due to circumstances beyond the CITY's control;then the CITY herein reserves the right to either suspend the Work to be done for an indefinite period of time or to cancel this Contract outright by giving notice by registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already commenced,then the CITY shall be liable for only the cancellation or suspension without the addition of prospective profits or other change whatsoever. 6.11 SHOP DRAWINGS AND SAMPLES: 6.11.1 Shop Drawings:After checking and verifying all field measurements,the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager for review in accordance with the accepted schedule of Shop Drawing submissions,(see paragraph 2.9)copies(or at GC-39 page 1591; -6 4 06 the CONSULTANT's option, one reproducible copy)of all Shop Drawings,which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings shall be complete with respect to dimensions,design criteria, materials of construction and the like to enable the CONSULTANT to review the information as required. Shop Drawings shall include but not be limited to the following information: 6.11.1.1 Fabrication and Installation Drawings and details 6.11.1.2 Template placement diagrams 6.11.1.3 Manufacturer's installation instructions 6.11.1.4 Product patterns and colors 6.11.1.5 Coordination Drawings 6.11.1.6 Schedules 6.11.1.7 Product mix formula 6.11.1.8 Product design or engineering calculations 6.11.1.9 Other information as required by project After review,produce copies and distribute per Submittal Procedures article above and for Record Documents purposes described in Section 6.37 Closeout Submittals. Submit to CONSULTANT for purpose of checking conformance with information given and design concept and on to the CITY's Project Manager. 6.11.2 SAMPLES:The CONTRACTOR shall also submit to the CONSULTANT for review,with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of the CONTRACTOR,identified clearly as to material,manufacturer,any pertinent catalogue numbers and the use for which intended. CONTRACTOR shall submit to CONSULTANT for purpose of checking conformance with information given and design concept expressed in the documents. After review,CONSULTANT shall submit color board to CITY's Project Manager per Submittal Procedures. Samples shall also conform to the following: 6.11.2.1 Sample finishes and colors shall be from full range or manufacturers' standard and colors, textures, and patterns for CONSULTANT's selection and preparation of color board for CITY's approval. 6.11.2.2 After review and approval by the CITY,provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submit samples to illustrate functional and aesthetic characteristics of the product,with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 6.11.2.4 Include identification on each sample with full project information. 6.11.2.5 Submit number of samples specified in specifications,one of which CONSULTANT shall retain. Reviewed samples may be used in Work,if indicated. 6.11.3 DEVIATIONS:At the time of each submission,the CONTRACTOR shall,in writing,call the CONSULTANT's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.11.4 CONFORMANCE REVIEW:The CONSULTANT shall review within fifteen (15) days or as extended by CITY,Shop Drawings and samples,but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents.The review of a separate item as such shall not indicate review of the assembly in which the item functions.The CONTRACTOR shall make any corrections required by the CONSULTANT at the CONTRACTOR's expense and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR's stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all quantities,dimensions,field construction criteria,materials,catalogue numbers and similar data or they assume full responsibility for doing so,and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Shop Drawings submitted without the CONTRACTOR's stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times,thereafter all further review time shall be charged to the CONTRACTOR. 6.11.5 APPROVAL:No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.11.6 SPECIFIC DEVIATIONS: The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing,called the CONSULTANT's attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation,nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. 6.11.7 Where a Shop Drawing or sample is required by the Specifications,any related Work performed prior to CONSULTANT's review and acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR. 6.12 SITE CLEAN UP: 6.12.1 SITE: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work,and before acceptance of and final payment for the Project by the CITY,the CONTRACTOR shall remove all their surplus and discarded,and excavated materials,and rubbish from the roadways,sidewalks,parking areas,lawns and all adjacent property, shall clean all portion of Work involved in any building under this Contract,so that no further cleaning by the CITY is necessary prior to their occupancy,shall restore all property,both public and private,which has been disturbed or damaged during the prosecution of the Work,and shall leave the whole in a neat and presentable condition. 6.12.2 BUILDING CLEAN-UP:Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free GC-40 page 159r- -6 4 06 from accumulation of waste materials and rubbish. Upon completion of the Work,they shall remove all rubbish,tools,scaffolding,surplus materials,etc.,from the building and shall leave their work"broom clean"or the like,unless specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work: 6.12.2.1 Remove putty stains and paint from and wash and polish all glass.Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks,stains,fingerprints and other soil and dirt from painted,stained and decorated work. 6.12.2.3 Remove all temporary protections and clean and polish floors. 6.12.2.4 Clean and polish all hardware for all trades,this shall include removal of all stains,dust,dirt,paint,etc. 6.12.2.5 General:In case of dispute,the CITY may remove the rubbish and charge the cost to the CONTRACTOR. 6.13 PUBLIC CONVENIENCE AND SAFETY: 6.13.1 Convenience:The CONTRACTOR shall,at all times,conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner,consistent with the operation and local conditions. 6.13.2 Safety:"Street Closed"signs shall be placed immediately adjacent to the Work,in a conspicuous position,at such locations as traffic demands.At any time that streets are required to be closed,CONTRACTOR shall obtain approval to close the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating emergency vehicles before the street is closed and also as soon as area is opened.Approval from the CITY shall be coordinated through the Department of Public Works/Engineering,including notification of the news media and affected property owners. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic. 6.14 SANITARY PROVISIONS. 6.14.1 The CONTRACTOR shall furnish necessary toilet conveniences,secluded from public observation,for use of all personnel on the Work, whether or not in their employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the public authorities having jurisdiction.They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. 6.15 INDEMNIFICATION: 6.15.1 CONTRACTOR agrees to protect,defend,indemnify,and hold harmless the CITY,its employees,representatives,and elected officials from any and all claims and liabilities including all attorney's fees and court costs,including appeals for which the CITY, its employees, representatives,and elected officials can or may be held liable as a result of injury(including death)to persons or damage to property occurring by reason of any negligence,recklessness,or intentional wrongful misconduct of the CONTRACTOR,its employees,or agents, arising out of or connected with this Agreement.The CONTRACTOR shall not be required to indemnify the CITY or its agents,employees, representatives,or elected officials when an occurrence results solely from the wrongful acts or omissions of the CITY,or its agents, employees or representatives. 6.15.2 The CONTRACTOR,without exemption,shall indemnify and hold harmless,the CITY,its employees,representatives and elected officials from liability of any nature or kind,including cost and expenses for or on account of any copyright,service marked,trademarked patented or unpatented invention,process,or any other intellectual property right or item manufactured by the CONTRACTOR.Further,if such a claim is made,or is pending,the CONTRACTOR may,at its option or expense,procure for the CITY the right to use,replace,or modify the item to render it non-infringing. If none of the alternatives are reasonably available,the CITY agrees to return the article on request to the CONTRACTOR and receive reimbursement from the CONTRACTOR for such. If the CONTRACTOR used any design,device or materials covered by letters,patent or copyright,it is mutually agreed and understood,without exception,that the Bid prices shall include all royalties or cost arising from the use of such design,device or materials in anyway involved in the Work. This article shall survive the termination of any contract with the CITY of Boynton Beach. 6.15.3 The parties agree that Twenty-five Dollars ($25.00) of the total compensation paid to the CONTRACTOR for performance of this Agreement shall represent the specific consideration for the CONTRACTOR's indemnification of the CITY. 6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such proceedings and all costs and fees associated therewith shall be the responsibility of the CONTRACTOR under this indemnification agreement. 6.15.5 It is the specific intent of the parties hereto that the foregoing indemnification complies with F.S.§725.06(Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to including the foregoing indemnification and the"Specific Consideration"therefor. 6.15.6 Nothing contained herein is intended nor shall be construed to waive the CITY's rights and immunities under the common law or Florida Statutes§768.28,as amended from time to time. 6.16 CLAIMS: 6.16.1 In any and all claims against the CITY or the CONSULTANT or any of its agents or employees,by any employee of the CONTRACTOR, any Sub-Contractor,anyone directly or indirectly employed for whose acts may be liable,the indemnification obligation under paragraph 6.15(Indemnification)shall not be limited in anyway by any limitation on the amount or type of damages,compensation or benefits payable by or for the CONTRACTOR or any Sub-Contractor under workers'compensation acts,disability benefit acts or other employee benefit acts. 6.16.2 Obligation:The obligations of the CONTRACTOR under paragraph 6.13 shall not extend to the liability of the CONSULTANT's negligent acts,errors or omissions or their employees or agents. 6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING WORK: 6.17.1 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing work or work previously GC-41 Page 159:7 of 1 J-06 installed as required by the Drawings and Specifications to provide a complete installation. 6.18 WORK IN STREET,HIGHWAY AND OTHER RIGHTS-OF-WAY: 6.18.1 Excavation,grading,fill,storm drainage,paving and other construction or installations in rights-of-way of streets,highways,pubic carrier lines,utility lines(either aerial,surface or subsurface)etc.shall be done in accordance with requirements of these Specifications and authorities having jurisdiction. The CONTRACTOR shall be responsible for obtaining all permits necessary for the Work.Upon completion of the Work,CONTRACTOR shall present to CONSULTANT certificates,in triplicate from the proper authorities stating that the Work has been done in accordance with their requirements. 6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.19 COOPERATION WITH GOVERNMENTAL DEPARTMENTS,PUBLIC UTILITIES,ETC.: 6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments,public utilities,public carriers,service companies and corporations owning or controlling roadways,railways,water,sewer,gas,electrical,cable television, telephone,and telegraph facilities such as pavements,tracks, piping,wires,cables,conduits, poles,guys,etc. , including incidental structures connected therewith,that are encountered in the Work in order that such items may be properly shored,supported and protected,or the CONTRACTOR may relocate them with utility owner's approval. 6.19.2 NOTICES:The CONTRACTOR shall give all proper notices,shall comply with requirements of such parties in the performance of their Work,shall permit entrance of such parties on the Project in order that they may perform their necessary work,and shall pay all charges and fees made by such parties for this Work. 6.19.3 GOVERNMENT AGENCY CAUSED DELAYS:The CONTRACTOR's attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits,etc. The CONTRACTOR shall cooperate with the above parties in every way possible,so that the construction can be completed in the least possible time. 6.19.4 CODES,LAWS,ORDINANCES AND REGULATIONS:The CONTRACTOR shall have made themselves familiar with all codes,laws, ordinances and regulations which in any manner affect those engaged in the Work,or materials and equipment used in the Work,or in any way affect the conduct of the Work,and no plea of misunderstanding shall be considered on account of their ignorance thereof. 6.20 USE OF PREMISES: 6.20.1 CONTRACTOR shall confine construction equipment,the storage of materials and equipment and the operations of workers to the project site and land and areas identified in,and permitted by the Contract Documents and other land and areas permitted by laws,ordinances, and regulations, rights-of-way, permits, easements, and directions of the CITY's Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. 6.20.2 CONTRACTOR shall assume full responsibility for any damage to any such land or area,or to the CITY or occupant thereof or of any land or areas contiguous thereto,resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work,CONTRACTOR shall promptly attempt to settle with such other party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws and regulations,indemnify and hold the CITY harmless from and against all claims,damages,losses and expenses(including,but not limited to fees of engineers, architects,attorneys and other professionals and court costs)arising directly,indirectly or consequentially out of any action,legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.20.3 During the progress of the Work,CONTRACTOR shall keep the premises free from accumulations of waste materials,rubbish and other debris resulting from the Work. At the completion of the Work,CONTRACTOR shall remove all waste materials,rubbish and debris from and about the premises as well as all tools,appliances,construction equipment and machinery,and surplus materials,and shall leave the Site clean and ready for occupancy by the CITY.CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety,nor shall it subject any part of the Work to stresses or pressures that shall endanger it. 6.20.5 CONTRACTOR shall enforce the CITY's Project Manager's instructions in connection with signs,advertisements,fires and smoking. 6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees,sub-contractors and other personnel,and in routing material delivery trucks and other vehicles to the Project Site. 6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS: 6.21.1 Any existing surface and subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,footings, or structures (including portions thereof),trees and shrubbery,not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project, whether or not such improvements appear on the Drawings,shall be restored to a condition equal or better,to the original state at the time of award of Contract. Such restoration or repair shall be at the sole expense of the CONTRACTOR,and no claim for an increase in the Contract Price under paragraph 6.21 or under Article 10 shall be allowed. 6.22 TEMPORARY HEAT: 6.22.1 The CONTRACTOR shall provide heat,fuel and services as necessary to protect all work and materials,within all habitable areas of GC-42 Page 1598 %5F 1 J-06 permanent building construction against injury from dampness and cold,until final acceptance of all work and materials for the Project, unless building is fully occupied by the CITY prior to such acceptance.In which case the CITY shall assume all expenses of heating from date of full occupancy. Unless otherwise specifically permitted by Special Conditions,the permanent heating system shall not be used to provide temporary heat.CONTRACTOR's proposed methods of heating shall be submitted for approval. 6.23 SCHEDULE: 6.23.1 CONTRACTOR shall submit to CONSULTANT for review and comment(to the extent indicated in paragraph 2.6 Finalizing Schedule) proposed adjustments in the progress schedule to reflect the impact thereon of new developments;these shall conform generally to the progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. All approved changes shall be memorialized as change orders. 6.24 CONTINUING THE WORK: 6.24.1 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements,except as permitted by Article 15(Suspension and Termination of Work)or as CONTRACTOR and the CITY may otherwise agree in writing. 6.25 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE: 6.25.1 CONTRACTOR warrants and guarantees to CITY and CONSULTANT that all work shall be in accordance with the Contract Documents and shall not be defective.That CONTRACTOR guarantees to repair,replace or otherwise make good to the satisfaction of the CITY any defect in workmanship or material appearing in the Work,and further guarantees the successful performance of the Work for the service intended. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.25.1.1 Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, sub-contractors or suppliers,or 6.25.1.2 Normal wear and tear under normal usage 6.25.2 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following shall constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.25.2.1 Observations by CONSULTANT. 6.25.2.2 Recommendation of any progress or final payment by CONSULTANT. 6.25.2.3 The issuance of a certificate of Substantial Completion or any payment by CITY or CONTRACTOR under the Contract Documents. 6.25.2.4 Use or occupancy of the Work or any part thereof by CITY. 6.25.2.5 Any acceptance by CITY or any failure to do so;and 6.25.2.6 Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 14.10. 6.26 DELETION/OVERSIGHT/MISSTATEMENT: 6.26.1 Any deletion,oversight or misstatement of the Specifications shall not release the Bidder from the responsibility of completing the Project within the agreed upon timeframe. 6.26.2 The cost of incidental work described in these Contract requirements,for which there are no specific Contract items shall be considered as part of the general cost of doing the Work and shall be included in the prices for the various Contract items. No additional payment will be made therefore. 6.27 EXCEPTIONS TO SPECIFICATIONS: 6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CITY's Procurement Services Division in writing prior to the expiration of the Bid question period. Failure to list any exceptions with the Procurement Services Division in writing prior to the end of the Bid question period means that the Bidder is complying 100%with the Specifications.All materials may be inspected by the CITY upon delivery for compliance with said Specifications. Deviations from the Specifications shall be cause for the Bid to be rejected as non-responsive unless the deviation was approved prior to the submittal of bids. 6.27.2 Any deletion,oversight or misstatement of these Specifications shall not release the Bidder from full responsibility for unsatisfactory workmanship and/or materials,together with all appurtenances necessary for unrestricted operation,as determined by the CITY in its sole discretion. 6.28 SILENCE OF SPECIFICATIONS: 6.28.1 The apparent silence of any Specification as to any details,or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that materials of the first quality and correct type,size and design are to be used. All workmanship is to be of first quality. 6.28.2 Work not specified in the Specifications,but involved in carrying out their intent or in the complete and proper execution of the Work,is required and shall be performed by the CONTRACTOR as though itwere specifically delineated or described. 6.29 QUALITY: 6.29.1 Items delivered as a result of award from this Bid shall be free of defects. Any item(s)not meeting this specification shall be replaced by the awarded Bidder/CONTRACTOR at no additional charge to the CITY. GC-43 page I 59Q —6 4 06 6.30 CONDITIONS OF MATERIALS: 6.30.1 All materials and products supplied by the CONTRACTOR in conjunction with this Bid shall be new,warranted for merchantability,fit for a particular purpose,free from defects and consistent with industry standards. The products shall be delivered to the CITY in excellent condition. In the event that any of the products supplied to the CITY are found to be defective or do not conform to the Specifications,the CITY reserves the right to return the product to the Bidder at no cost to the CITY. 6.30.2 The successful CONTRACTOR shall furnish all guarantees and warranties to the CITY's Project Manager or designee prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 6.31 DISPOSAL: 6.31.1 Before the CONTRACTOR disposes of any existing improvements or equipment which is to be removed as a portion of the Work,and for which disposition is not specifically provided for elsewhere in these Specifications,it shall contact the CITY to determine if the removal items are to be salvaged.Items to be salvaged by the CITY shall be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily accessible to the CITY. Equipment and materials that shall not be salvaged by the CITY shall become the property of the CONTRACTOR to be removed from the Site and disposed in an acceptable manner,pursuant to local,state and federal laws and regulations. 6.32 OCCUPATIONAL HEALTH AND SAFETY: 6.32.1 If the CONTRACTOR,delivers any toxic substance items as defined in the Code of Federal Regulations Chapter 29,it shall furnish to the CITY's Procurement Services Division,a Material Safety Data Sheet(MSDS). The Material Safety Data Sheet shall be provided to the CITY with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: 6.32.1.1 The chemical name and the common name of the toxic substance. 6.32.1.2 The hazards or other risks in the use of the toxic substance to include: 6.32.1.2.1 The potential for fire,explosion,corrosion and reactivity. 6.32.1.2.2 The known acute and chronic health effects of risks from exposure,including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance,and 6.32.1.2.3 The primary routes of entry and symptoms of overexposure. 6.32.1.3 The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure. 6.32.1.4 The emergency procedure for spills,fire,disposal and first aid. 6.32.1.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 6.32.1.6 The year and month,if available,that the information was compiled and the name,address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security,Bureau of Industrial Safety and Health,Toxic Waste Information Center, 2551 Executive Center Circle West,Tallahassee,FL.32301-5014,Telephone:1-800-367-4378. 6.33 OCCUPATIONAL,SAFETY AND HEALTH ASSOCIATION(OSHA) 6.33.1 The CONTRACTOR warrants that the product/services supplied to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970,as amended,and the failure to comply with this condition shall be considered as a breach of Contract. 6.34 CONDITIONS AND PACKAGING: 6.34.1 CONTRACTOR understands and agrees that any item offered or shipped pursuant to this Bid shall be new(current production model at the time of the Bid). All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. 6.35 UNDERWRITERS'LABORATORIES(UL): 6.35.1 Unless otherwise stipulated in the Bid,all manufactured items and fabricated assemblies shall be UL listed or re-examination tested where such item has been established by UL for the items offered and furnished. 6.36 ASBESTOS: 6.36.1 CONTRACTOR shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract. 6.36.2 If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of written notice with special instructions from the CITY through the CONSULTANT. 6.37 CLOSE-OUT SUBMITTALS 6.37.1 SCOPE OF WORK: 6.37.1.1 Close-out procedures 6.37.1.2 Final cleaning 6.37.1.3 Adjusting 6.37.1.4 Project record documents GC-44 06 6.37.1.5 As-built survey 6.37.1.6 Operation and maintenance data 6.37.1.7 Spare parts and maintenance products 6.37.1.8 Warranties and bonds 6.37.1.9 Maintenance service 6.37.2 CLOSE-OUT PROCEDURES 6.37.2.1 The CONTRACTOR shall submit written certification to the CITY and CONSULTANT that the Contract Documents were reviewed,Work inspected and that Work is complete in accordance with Contract Documents and ready for CITY's Project Manager and CONSULTANT's review. 6.37.2.2 The CONTRACTOR shall provide submittals to CONSULTANT and CITY's Project Manager that are required by local,state and federal authorities. 6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY's Project Manager identifying total adjusted contract sum,previous payments and sum remaining due. 6.37.2.4 CITY may opt to occupy portions of completed facilities upon Substantial Completion of those portions of Work. 6.37.3 FINAL CLEANING 6.37.3.1 The CONTRACTOR shall execute final cleaning prior to final project assessment. 6.37.3.2 The CONTRACTOR shall clean interior and exterior glass and surfaces exposed to view,remove temporary labels,stains and foreign substances,wax,clean and polish transparent and glossy surfaces,vacuum carpet and soft surfaces. 6.37.3.3 The CONTRACTOR shall clean equipment and fixtures to sanitary condition with cleaning materials per manufacturer's written recommendations. 6.37.3.4 The CONTRACTOR shall replace filters of operating equipment 6.37.3.5 The CONTRACTOR shall clean debris from roofs,gutters,downspouts and drainage systems. 6.37.3.6 Clean Site,The CONTRACTOR shall sweep paved areas,rake clean landscaped surfaces. 6.37.3.7 The CONTRACTOR shall remove waste and surplus materials,rubbish,and construction facilities from Site. 6.37.3.8 The CONTRACTOR shall clean and sanitize water fountains(coolers). 6.37.3.9 The CONTRACTOR shall clean ledges,countertops,and shelves with all-purpose and non-abrasive cleaners leaving no residue. 6.37.4 ADJUSTING 6.37.4.1 The CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operations. 6.37.5 PROJECT RECORD DOCUMENTS 6.37.5.1 CONTRACTOR shall maintain in accordance with the Special Conditions in a safe place at the Site,one(1)record copy of all Drawings,Specifications,Addenda,Change Orders,Field Change Directives and written interpretations and clarifications (issued pursuant to para.9.4) in good order and annotated to show all changes made during construction. The record documents together will all approved samples and counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference at all times. Upon completion of the Work, these record documents, samples, and Shop Drawings will be delivered to CONSULTANT for the CITY. 6.37.6 OPERATION AND MAINTENANCE DATA: 6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein. 6.37.7 SPARE PARTS AND MAINTENANCE PRODUCTS: 6.37.7.1 The CONTRACTOR shall provide spare parts,maintenance and extra products in quantities specified in the Specifications to the CITY and obtain receipt prior to final payment. 6.37.8 WARRANTIES: 6.37.8.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein and Provide duplicate notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute and assemble transferrable warranty documents from sub-contractors, suppliers and manufacturers. 6.37.8.3 The CONTRACTOR shall provide such warranty documents with a Table of Contents and assemble in D-size,3-ring white binders with typed title sheet of contents inside durable plastic front cover. 6.37.8.4 The CONTRACTOR shall submit above-referenced warranties to the CITY prior to Final Application for Payment. 6.37.9 MAINTENANCE SERVICE: 6.37.9.1 The CONTRACTOR shall furnish service and maintenance of components indicated in specification sections for one-year from date of Substantial Completion. 6.37.9.2 The CONTRACTOR shall examine,clean,adjust,and lubricate system components as required for reliable operation. 6.37.9.3 The CONTRACTOR shall include systematic examination,adjustment,and lubrication of components repairing or replacing parts as required with parts produced by the manufacturer of the original component. GC-45 page 1684 —6 4 06 6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks. 6.37.10 ASBESTOS CERTIFICATION: 6.37.10.1 The CONTRACTOR shall provide a notarized letter to CITY certifying that no asbestos containing building materials were used as a building material in the Project,pursuant to Florida Statutes§255.40. 6.37.11 PRODUCTS: 6.37.11.1 APPROVED PRODUCTS:The CONTRACTOR shall use only cleaning and maintenance products approved for use pursuant to local,state and federal laws and regulations. 6.38 TEMPORARY BARRIERS AND ENCLOSURES: 6.38.1 SCOPE OF WORK: 6.38.1.1 The CONTRACTOR shall provide temporary barriers and enclosures to provide construction work areas separate from Owner's on-going business operations. 6.38.1.2 The CONTRACTOR shall protect new work,existing facilities and grounds from damage,theft,vandalism,and unauthorized entry. 6.38.1.3 The CONTRACTOR shall provide a chain link fencing surrounding and separating areas under construction,including areas for CONTRACTOR's mobilization and parking separate from existing CITY facilities and on-going business activities. 6.38.1.4 The CONTRACTOR shall provide demising walls and other barriers as required to separate building area under construction that permits safe and unobstructed exiting of partially Owner occupied buildings. 6.38.1.5 The CONTRACTOR shall provide safety of construction workers and CITY staff and visitors located in areas of CITY's facilities not under renovation or construction. 6.38.1.6 The CONTRACTOR shall control dust,erosion and sediment,noise,pollution,rodent and environmental control. 6.38.2 ENTRY CONTROL: 6.38.2.1 The CONTRACOR shall restrict entrance of persons and vehicles onto Project site and existing facilities in accordance with Special Conditions—01540 and 01541 Security Procedures. 6.38.2.2 Prior to Project commencement,CONTRACTOR's on-site personnel shall meet with CITY's Project Manager to delineate areas for CONTRACTOR's operations to include storage,office trailers,parking,and lay-down areas. 6.38.2.3 Interruption of pre-approved entry controls shall be coordinated with the CITY's Project Manager prior to proposed interruption. 6.38.2.4 The CONTRACTOR shall allow entrance only to the Project site to authorized persons with proper identification. 6.38.2.5 CONTRACTOR/CM shall post"No Trespassing"and"Hard Hat Area"signs along Project perimeter and at construction access points. "No Trespassing"sign shall include statutory language that area is construction site and that trespassing and theft are felonies and violators will be prosecuted. "No Trespassing" sign shall include name of CONTRACTOR/CM. "No Trespassing"signs shall not be larger than 24"(600mm)by 24"(600mm). "Hard Hat Area"sign shall not be larger than 12" (300mm)by 12"(600mm). 6.38.3 DEMISING WALLS: 6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises, the CONTRACTOR shall provide demising walls to physically separate new or renovation work from existing on-going CITY operations. 6.38.3.2 Demising walls shall be contiguous plywood with vapor barrier and wood framing to prevent unauthorized entrance,dust or debris from entering occupied portion of the area. 6.38.3.4 Where construction is overhead,the CONTRACTOR shall provide safe and secure method of access through or adjacent to work with system of scaffolding,plywood or wood planking overhead to prevent falling debris or materials from interrupting safe passage through construction area. 6.38.4 TEMPORARY FENCING: 6.38.4.1 Areas under construction including areas for CONTRACTOR's mobilization and parking shall be separated from CITY facilities to allow for ongoing activities. 6.38.4.2 The CONTRACTOR shall provide chain link fencing along construction zone boundaries. 6.38.4.3 CONTRACTOR shall submit a detailed temporary fencing plan to the CITY and CONSULTANT for review and approval. The plan shall comply with all applicable regulatory code requirements including the latest edition of the Florida Building Code. 6.38.4..4 The CONTRACTOR shall provide access gates required by code for CITY's and CONTRACTOR's access to occupied portion of project site and for construction access. GC-46 page 168Q -6 4 06 6.39 ENVIRONMENTAL CONTROLS: The CONTRACTOR shall. 6.39.1 Protect existing building and adjacent property from dust produced by construction operations. Use encapsulating or wetting devices to control moisture content of traffic and construction areas. 6.39.2 Control surface drainage to prevent off-site discharge or pollutants and prevent erosion and sedimentation. 6.39.3 Provide berms,dikes or drains to divert water flow away from existing structures into storm water retention areas. 6.39.4 Provide methods necessary to prevent mud and debris from entering storm water system. 6.39.5 Provide methods necessary to prevent excessive noise on Site.CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provide methods necessary to prevent pests and insects from damaging the Work. 6.39.7 Provide methods necessary to prevent contamination of soil,water,and atmosphere from discharge of noxious,toxic substances or pollutants from construction operations. 6.39.8 SUBMITTALS: 6.39.8.1 Comply with Section 2.10"Submittal Procedures." 6.39.8.2 Submit site plan and floor plans indicating locations and material construction of proposed protective structures. 6.39.9 TEMPORARY FENCING: 6.39.9.1 Provide a six(6)foot high,minimum ten(10)gage minimum or galvanized steel fabric. 6.39.9.2 Fencing shall have six(6)foot high visual fabric cover to block visual access to construction activities. 6.39.9.3 Provide 5/8"C/D plywood sheets,pressure treated or other means of weather protection,with 2 x 4 wood framing at edges and 24"maximum vertical spacing. 6.39.10 TEMPORARY WALLS: 6.39.10.1 Provide demising Wall:5/8"C/D plywood sheets,2 x 4 wood framing at 24"maximum spacing,and 10 mil black polyethylene vapor barrier covering with sealed joints. 6.39.10.2 Provide overhead Protection:Metal scaffolding with'/"B/C plywood or 2"x 12"wood planking. 6.39.11 EXECUTION/INSTALLATION AND REMOVAL: 6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work. 6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work. 6.39.11.3 Protect or remove walls during storm events where winds are anticipated over seventy-four(74)miles per hour. 6.40 SECURITY PROCEDURES: 6.40.1 The CONTRACTOR shall protect new work,existing facilities and grounds from damage,theft,vandalism,and unauthorized entry. 6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner's existing security system at time of Project,mobilizing to ensure safety of employees or persons at the unaffected areas. 6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner's Project acceptance. 6.40.4 PERSONNEL IDENTIFICATION: 6.40.4.1 CONTRACTOR/CM on-site staff,sub-contractors and vendors on Site shall wear identification badges at all times. 6.40.4.2 Identification badges shall be current at time of Project and shall be re-verified and re-issued annually if Project extends past original badge expiration date. 6.40.5 SUBMITTALS: 6.40.5.1 The CONTRACTOR shall comply with Section 2.10"Submittal Procedures". 6.40.5.2 The CONTRACTOR shall provide a list of personnel proposed to be utilized. 6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilized on the Project. GC-47 Page 1689 of i 06 6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal and emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the administrative and procedural requirements listed below in Section 6.41.2 for consideration of request for substitution during the design and construction phases. 6.41.2 CONTRACTOR'S SUBMITTAL PROCEDURES: 6.41.2.1 Transmit each substitution request on company letterhead. 6.41.2.2 During bidding phase,substitution requests shall be directed to the CITY's Procurement Services Division. 6.41.2.3 During the construction phase,substitution requests shall be directed to the CONSULTANT. 6.41.2.4 Substitution requests shall identify Project,CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub- Contractor or supplier during construction phase,indicating Specification Section and Paragraph Number of specified material and pertinent drawing and detail numbers,as appropriate. Include complete information as required in the Substitution Form. Incomplete information will result in automatic rejection of the substitution request. 6.41.2.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review,approval,verification of products required,field dimensions,adjacent construction work,and coordination of information are in accordance with the requirements of the Work and Contract Documents. 6.41.2.6 Schedule submittals to expedite the Project,and deliver to CONSULTANT or CONTRACTOR/CM at business address. Coordinate submission of related items. 6.41.2.7 For each submittal for review,allow fifteen (15)working days including delivery time to and from the CONSULTANT or CONTRACTOR/CM. 6.41.2.8 Identify variations from Contract Documents and product or system limitations,which may be detrimental to successful performance of the completed work. 6.41.2.9 Provide space for CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revised for resubmission,identify all changes made since previous submission. 6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 6.41.2.12 Submittals not requested will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Requests for substitutions shall be made no later than ten(10)calendar days prior to Bid date. Requests received afterwards may not be considered. 6.41.4 SCOPE OF WORK: The CONTRACTOR shall follow the administrative and procedural requirements setforth in Section 6.41.5 to assure quality of construction before and during construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples,constructed,applied or assembled at the Site for review for use as a quality standard. 6.41.5 COORDINATION AND PROJECT CONDITIONS 6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of interdependent construction elements,with provisions for accommodating items installed later. 6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities. 6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing,connecting to,and placing in service, such equipment. 6.41.5.4 Coordinate space requirements,supports and installation of mechanical and electrical work that is indicated diagrammatically on Drawings. 6.41.5.5 Follow routing shown for pipes,ducts and conduits as closely as practicable;place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations for maintenance,and for repairs. 6.41.5.6 Within finished areas,except as otherwise indicated;conceal pipes,ducts,and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. 6.41.5.7 Coordinate completion and clean up work of separate sections in preparation for Substantial Completion and for portions of GC-48 Paige 1684 Of Ji I 06 work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises,coordinate access to Site for correction of defective work and work not in accordance with the Contract Documents,to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements,confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering services and establish elevations,lines and levels,utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. ARTICLE 7—OTHER WORK 7.1 RELATED WORK AT SITE: 7.1.1 The CITY may perform other work related to the Project at the Site pursuant to other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents,written notice thereof shall be given to CONTRACTOR prior to starting any such Other Work,and if CONTRACTOR believes that such performance shall involve additional time and the parties are unable to agree as to the extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price)and Article 12(Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract Documents,no additional adjustment of time or compensation shall be considered. 7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract(or the CITY,if the CITY is performing the additional work with the CITY's employees)proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all cutting,fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting, excavating or otherwise altering other contractor's work and shall only cut or alter other contractor's work with the written consent of the CITY and CONSULTANT and the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors. 7.1.3 If any part of CONTRACTOR's work depends for proper execution for results upon the work of any such other contractor,other than CONTRACTOR's own SubContractor,CONTRACTOR shall inspect and promptly report to CONSULTANT in writing,any delays,defects or deficiencies in such other contractor's work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as fit and proper for integration with CONTRACTOR's work except for latent defects and deficiencies in the other contractor's work. 7.2 COORDINATION: 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site,the person or organization who shall have authority and responsibility for coordination of the activities among the various prime contractors shall be identified in the Special Conditions and the specific matters to be covered by such authority and responsibility shall be itemized,and the extent of such authority and responsibilities shall be provided in the Special Conditions. Unless otherwise provided in the Special Conditions,neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 8—THE CITY'S RESPONSIBILITIES 8.1 COMMUNICATIONS TO CONTRACTOR: 8.1.1 CITY shall issue all communications to CONTRACTOR,and provide a copy to CONSULTANT. 8.2 FURNISH DATA: 8.2.1 CITY shall promptly furnish the data required of the CITY under the Contract Documents. 8.3 PAYMENTS: 8.3.1 CITY shall make payments to CONTRACTOR promptly when they are due as provided in Section 14.5(Review of Application for Progress Payment)and Section 14.10(Final Payment and Acceptance)of the General Conditions. 8.4 LANDS,EASEMENTS:REPORTS AND TESTS: GC-49 page 168c; -6 4 06 8.4.1 The CITY's duties in respect to providing lands and easements and providing engineering surveys,if available and to establish reference points are set forth in paragraphs 4.11(Availability of Land)and 4.5.1(Reference Points)of the General Conditions. 8.4.2 The CITY shall identify and make available to CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing structures that have been utilized in preparing the Contract Documents as set forth in Paragraph 4.2(Report of Physical Conditions). 8.5 CHANGE ORDERS: 8.5.1 The CITY shall execute Change Orders as provided in Article 10(Changes in the Work)of the General Conditions. 8.6 SUSPENSION OF WORK: 8.6.1 The CITY's may stop Work,suspend Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5(CITY May Stop Work),Paragraph 15.1 (CITY May Suspend Work).Paragraph 15.2(CITY May Terminate for Cause)and Paragraph 15.3(CITY May Terminate Without Cause). 8.7 ESTIMATED DOLLAR VALUE: 8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities. 8.8 QUANTITIES: 8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchased from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the CITY. Orders shall be placed as needed by individual locations during the contract period. The CONTRACTOR agrees that the price(s)offered shall be maintained irrespective of the quantity actually purchased. 8.9 ADDITIONAL TERMS AND CONDITIONS: 8.9.1 No additional terms and conditions included with the Bid response shall be evaluated or considered,have any force or effect,and are inapplicable to this Bid. It is understood and agreed that the conditions in these Bid Documents are the only conditions applicable to this Bid and the CONTRACTOR's authorized signature on the Bid Form attests to this. ARTICLE 9—CONSULTANT'S STATUS DURING CONSTRUCTION: 9.1 CITY'S REPRESENTATIVE: 9.1.1 The CONSULTANT(if specifically designated),or a specifically designated employee of the CITY,shall act as the CITY's Representative during the construction period. . 9.1.2 The CONSULTANT's or CITY's Representative's decision with the consent of the CITY's Project Manager in matters relating to aesthetics shall be final,if pursuant to the terms of the Contract Documents. 9.1.3 CONSULTANT or CITY's Representative shall work with the CITY to: 9.1.3.1 Establish on-site lines of authority and communications,and 9.1.3.2 Schedule and conduct pre-construction meeting and progress meetings. 9.1.4 CONSULTANT or CITY's Representative shall also work with the CITY to establish procedures for: 9.1.4.1 Submittals 9.1.4.2 Reports and Records 9.1.4.3 Recommendations 9.1.4.4 Coordination of drawings 9.1.4.5 Schedules 9.1.4.6 Resolution of conflicts 9.1.5 CONSULTANT shall also: 9.1.5.1 Interpret Contract specifications and Drawings 9.1.5.2 Transmit written interpretations to CONTRACTOR,and to other concerned parties, 9.1.5.3 Assist in obtaining permits and approvals 9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities,and 9.1.5.5 Assist CITY to control the use of Site. 9.2 VISITS TO SITE: 9.2.1 After written Notice to Proceed with the Work,the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages of construction or as per CONSULTANT's contract with CITY to observe the progress and quality of the executed Work and to determine in general, if the Work is proceeding in accordance with the Contract Documents. On the basis of its on-site observations,as an experienced and qualified design professional,CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to guard the CITY against defects and deficiencies in the Work of the CONTRACTOR. 9.3 PROJECT REPRESENTATION: 9.3.1 The CITY of Boynton Beach or its authorized agents,inspectors or representatives shall act within the scope of duties entrusted to them by the CITY. GC-50 page 168A -6 4 06 9.4 CLARIFICATIONS AND INTERPRETATIONS: 9.4.1 The CONSULTANT or CITY's Representative shall issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents(in the form of Drawings or otherwise)as the CITY may determine necessary,which shall be consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11(Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 9.5 MEASUREMENTS: 9.5.1 MEASUREMENTS: All Work completed under the Contract shall be measured by the CONSULTANT's or CITY's Representative or Project Representative according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. 9.6 REJECTING DEFECTIVE WORK: 9.6.1 The CONSULTANT,CITY's Representative or Project Representative shall have authority to disapprove or reject Work which is"defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection,test or approval referred to in the Contract Documents,or has been damaged prior to final inspection). The CONSULTANT,CITY's Representative or Project Representative shall also have authority to require special inspection or testing of the Work as may be individually or severally deemed necessary,whether or not the Work is fabricated,installed or completed. 9.7 SHOP DRAWINGS,CHANGE ORDERS AND PAYMENTS: 9.7.1 The CONSULTANT's responsibility for Shop Drawings and samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples)of the General Conditions. 9.7.2 The CONSULTANT's responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work),Article 11 (Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 9.7.3 The CONSULTANT's responsibilities in respect to Applications for Payment,etc.shall be pursuant to Article 14(Payment to Contractor and Completion)of the General Conditions. 9.8 DETERMINATIONS FOR UNIT PRICES: 9.8.1 The CITY's Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY's Project Manager and CONSULTANT shall review with CONTRACTOR,CONSULTANT's preliminary determinations on such matters before rendering a written decision by recommendation of an Application for Payment or otherwise. The CITY's Project Manager's written decisions shall be final and binding upon the CITY and CONTRACTOR unless,within ten(10)days after the date of any such decision,the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a decision. 9.9 DECISIONS ON DISPUTES: 9.9.1 The CITY's Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents and evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 (Change in Contract Price)and Article 12(Change in Contract Time)in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY's Project Manager, the CONSULTANT shall render a decision on the claim or disputed matter in writing within a reasonable time.Written notice of each such claim, dispute and other matter shall be delivered by the claimant to the CITY's Project Manager and CONSULTANT and the other party(ies)to the Contract promptly(but in no event later than ten(10)days)after the start of the occurrence or event giving rise thereto, and written supporting data shall be submitted to the CITY's Project Manager and CONSULTANT within ten (10) days after such occurrence,unless CONSULTANT with the consent of the CITY's Project Manager allows an additional period of time to ascertain more accurate data in support of such claim,dispute or other matter. 9.9.2 The CITY's Project Manager and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant's last submittal(unless the CITY's Project Manager and CONSULTANT allow additional time).CONSULTANT with the consent of the CITY's Project Manager shall render a formal decision in writing by thirty(30)days after receipt of the opposing party's submittal,if any,in accordance with this paragraph. The CITY's Project Manager's written decision,on such claim,dispute,or other matter shall be final and binding upon CONTRACTOR unless: i) an appeal from CITY/CONSULTANT's decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16(Dispute Resolution),or ii) a written notice of intention to appeal from the CITY's Project Manager and CONSULTANT's written decision is delivered by CONTRACTOR to the CITY's Project Manager and CONSULTANT within ten(10)days after the date of such decision and a formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim,dispute or other matter in accordance with applicable laws and regulations within thirty(30)days of the date of such decision,unless otherwise agreed in writing by CITY and CONTRACTOR. 9.9.3 The rendering of a decision by the CITY's Project Manager pursuant to Paragraphs 9.8.1,(Determinations of Unit Prices),9.9.1 and 9.9.2 (Dispute Resolution)with respect to any such claim,dispute or other matter(except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.11 (Waiver of Claims) shall be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations in GC-51 page 168W -6 4 06 respect of any such claim,dispute or other matter pursuant to Article 16. 9.10 INSPECTION AND TESTING: 9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows: 9.10.1.1 Administer special testing and inspections of suspect Work. 9.10.1.2 Reject Work which does not comply with requirements of Contract Documents. 9.10.2 Coordinate Testing Laboratory Services: 9.10.2.1 Verify that required laboratory personnel and present. 9.10.2.2 Verify that tests are made in accordance with specified standards. 9.10.2.3 Review test reports for compliance with specified criteria. 9.10.2.4 Recommend and administer any required re-testing. 9.11 LIMITATIONS ON CONSULTANT: 9.11.1 Neither CONSULTANT's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT to CONTRACTOR,any SubContractor,any Supplier or any other person or organization performing any of the Work,or to any surety. 9.11.2 Whenever in the Contract Documents the term"as ordered","as directed","as required","as allowed","as approved",or terms of like effect or import are used,or the adjectives"reasonable","suitable","acceptable","proper',or"satisfactory",or adjectives of the like effect or import are used to describe a requirement,direction,review or judgment of the CONSULTANT as to the Work,it is intended that such requirement,direction,review or judgment shall be solely to evaluate the Work for compliance with the Contract Documents(unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General Conditions. 9.11.3 CONSULTANT shall not be responsible for CONTRACTOR's means,methods,techniques,sequences or procedures of construction,or the safety precautions and programs incident thereto,and CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR's failure to perform or furnish the Work pursuant to the Contract Documents. 9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor,any Supplier,or of any other person or organization performing or furnishing any of the Work. ARTICLE 10—CHANGES IN THE WORK 10.1 AUTHORIZED CHANGES IN THE WORK 10.1.1 Without invalidating the Contract and without notice to any surety,the CITY may at any time order additions,deletions or revisions in the Work;these changes shall be authorized by a Field Order or Change Order. Upon receipt of any such order or document,CONTRACTOR shall promptly proceed with the Work involved that shall be performed under the applicable conditions of the Contract Documents,except as otherwise specifically provided. 10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any,of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Change Order,a claim may be made therefor as provided in Article 11(Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended,modified and supplemented as provided in Section 3.2(References to Standards)except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies)or except in the case of uncovering Work as provided in Paragraph 13.4.2(Uncovering Work). 10.3 EXECUTION OF CHANGE ORDERS: 10.3.1 The CITY and CONTRACTOR shall execute appropriate Change Orders(or Written Amendments)covering: 10.3.1.1 Changes in Work,which are ordered by the CITY,pursuant to Paragraph 10.1.1 (Changes in the Work)or are required because of acceptance of defective Work under Paragraph 13.9,or are agreed by the parties. 10.3.1.2 Changes in the Contract Price or Contract Time which the parties agree to. 10.3.1.3 Changes in Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to Paragraph 9.9.1 (Decisions on Disputes),provided that,in lieu of executing any such Change Order,an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable laws and regulations,but during any such appeal,CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.24.1. 10.3.2 Surety: It is distinctly agreed and understood that any changes made in the Contract Documents for this Work(whether such changes increase or decrease the amount thereof)or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in no way annul,release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents(including,but not limited to Contract Price or Contract Time)is required by the provisions of any Bond to be given to a Surety,the giving of any such notice shall be the CONTRACTOR's responsibility,and the amount of each applicable Bond shall be adjusted accordingly. 10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all change orders involving additional cost or GC-52 06 extensions of time,shall be governed pursuant to the ordinances of the CITY. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1 GENERAL 11.1.1 The Contract Price constitutes the total compensation(subject to authorized adjustments)payable to CONTRACTOR for performing the Work. All duties,responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Contract Price. 11.1.2 The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly(not later than ten(10)days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty(30)days after such occurrence and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts(direct,indirect and consequential)to which the claimant is entitled as a result of the occurrence of such event. All claims for adjustment in the Contract Price shall be determined by CITY and CONSULTANT in accordance with Paragraph 9.8.1,if the CITY and CONTRACTOR cannot otherwise agree on the amount involved. Any claim for an adjustment in the Contract Price shall not be waived if not submitted in accordance with this Paragraph 11.1.2. 11.1.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.1.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents by application of unit prices to the quantities of the items involved(subject to provisions of Section 11.5.(Unit Price Work)inclusive). 11.1.3.2 By mutual acceptance of a lump sum(which shall include an allowance for overhead and profit in accordance with Paragraph 11.3.1.2a(Contractor's Fee). 11.1.3.3 On the basis of the Cost of the Work(determined as provided in Section 11.2,inclusive)plus a CONTRACTOR's fee for overhead and profit)determined as provided in Section 11.3,Contractor's Fee,inclusive. 11.2 COST OF THE WORK: 11.2.1 General:The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by the CITY,such costs shall be in amounts no higher than those prevailing in the locality of the Project and must be approved by the CITY and CONSULTANT before any payment. Such costs shall include only the following items listed below in Paragraphs 11.2.2 thru 11.2.6 and shall not include any of the costs itemized in Paragraph 11.2.7 (Exclusions to Cost of the Work). 11.2.2 Labor:The term Cost of the Work includes payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications including the expenses of performing work after regular hours on Saturday,Sunday and legal holidays, agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not limited to,salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation,health and retirement benefits,sick leave,vacation and holiday pay applicable thereto. Employees under this paragraph shall include superintendents and foremen on site. 11.2.3 Materials and Equipment:The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof,and Supplier's field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments,in which case,the cash discounts shall accrue to the CITY. All trade discounts,rebates and refunds,and all returns from sale of surplus materials and equipment shall accrue to the CITY,and CONTRACTOR shall make provisions so that they may be obtained. 11.2.4 Subcontractor:The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by SubContractors,The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who shall then determine with the advice of the CONSULTANT,which bids shall be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of Work plus a fee,the subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of Work. All subcontracts shall be subject to all provisions of the Contract Documents. 11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the Work including but not limited to engineers,architects,testing laboratories,surveyors,attorneys and accountants. 11.2.6 Supplemental Costs: The term Cost of the Work includes the following: a. Costs,including transportation and maintenance,of all materials,supplies,equipment,machinery,appliances,office and temporary facilities at the site and tools not owned by the workers that are consumed in the performance of Work,and costs less than market value of such items used but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment and machinery and the parts thereof,whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT,and the costs of transportation,loading, unloading,installation,dismantling and removal thereof—in accordance with terms of such rental agreements. The rental of any such equipment,machinery or parts shall cease when the use thereof is no longer necessary for the Work. C. Cost of premiums for additional bonds and insurance required because of changes in the WORK. 11.2.7 Exclusions to Cost of the Work:The term Cost of the Work shall not include any of the following: 11.2.7.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,expeditors,timekeepers,clerks and other personnel employed by CONTRACTOR whether at the site in CONTRACTOR''s principal or branch office for general administration of the Work and not specifically included in the agreed GC-53 page 168Q -6 06 upon schedule of job classifications referred to in Paragraph 11.2.2(Labor)or specifically covered by Paragraph 11.2.5(Costs of Special Consultants)—all of which are to be considered administrative costs covered by the CONTRACTOR's fee pursuant to Paragraph 11.3 of the General Conditions. 11.2.7.2 Expenses of any of CONTRACTOR's offices,including principal and branch offices,other than CONTRACTOR's office at the Site. 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same(except for the cost of premiums covered by subparagraph 11.2.6(c)above. 11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR,any subcontractor,supplier or anyone whose acts CONTRACTOR or subcontractor may be liable, including but not limited to,the correction of defective Work,disposal of materials or equipment wrongly supplied and making good any damage to property. 11.2.7.6 Costs associated with fringe benefits that are greater than actual costs,i.e.where worker hours exceed a typical 8-hour day and 40-hour workweek. 11.2.7.7 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 11.2(Cost of the Work). 11.3 CONTRACTOR'S FEE: 11.3.1 The CONTRACTOR's fee for overhead and profits shall be determined as follows: 11.3.1.1 A mutually acceptable fixed fee,or if none can be agreed upon; 11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 11.2.2(Labor)and 11.2.3(Materials and Equipment)the CONTRACTOR's fee shal I be five(5%)percent. b. For costs incurred under Paragraph 11.2.4(Subcontractors),the CONTRACTOR's fee shall be five(5%)percent,and if a subcontract is on the basis of Cost of the Work plus a fee,the maximum allowable to CONTRACTOR on account of overhead and profit of all subcontractors shall be five(5%)percent. c. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5 (Cost of Consultants), 11.2.6 (Supplemental Costs)and 11.2.7(Exclusions). d. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an account equal to ten(10%)percent of the net decrease,and e. When both additions and credits are involved in any one change,the adjustment in CONTRACTOR's fee shall be computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a)through 11.3.1.2(4)inclusive. 11.3.2 Whenever the cost of any work is to be determined pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions), CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT,an itemized breakdown together with supporting data. 11.4 ALLOWANCES: 11.4.1 It is understood that CONTRACTOR has included in the Contract Price all allowances named in the Contract Documents and shall cause the Work so covered in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY,CONTRACTOR agrees that: 11.4.1.1 The allowances include the cost to CONTRACTOR(less any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the Site,and all applicable taxes and 11.4.1.2 CONTRACTOR's costs for unloading and handling on the Site, including labor, installation costs,overhead,profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof shall be valid. 11.4.1.3 Prior to final payment,an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly adjusted. 11.5 UNIT PRICE WORK: 11.5.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,initially the Contract Price shall be deemed to include for all Unit Price Work,an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work,times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance with Paragraph 9.8-Determination of Unit Prices. 11.5.2 Each unit price shall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work,and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof,CONTRACTOR may make a claim pursuant to applicable provisions of these General Conditions for an increase in the Contract Price,if the parties are unable to agree as to the amount of any such increase. 11.5.4 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work and if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof,CITY may make a claim for a decrease in the Contract Price in accordance with Article 11—Change in Contract Price if the parties are unable to agree as to the amount of any decrease. GC-54 page 161 A -6 06 11.6 OMITTED WORK: 11.6.1 The CITY may at anytime,by written order,without Notice to the Sureties,require omission of such contract Work as it mayfind necessary or desirable.An order for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows: 11.6.1.1 By such applicable unit prices,or rates for work of a similar nature or character as set forth in the Contract,or 11.6.1.2 By the appropriate lump sum price set forth in the Contract,or 11.6.1.3 By the reasonable and fair estimated cost of such omitted Work and profit percentage as determined by the CONTRACTOR and the CONSULTANT,and approved by the CITY. ARTICLE 12—CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 The Contract Time may only be changed by a Change Order.Any claim for an extension or shortening of Contract Time shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly(but in no event later than seven(7)days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim.Notice to the extent of the claim with supporting data shall be delivered within seven(7)days after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of such event. Claims made beyond these time limits shall be null and void. Reporting of the general nature of the claim shall include at a minimum: 12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work. 12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in the Work. 12.1.1.4 Identification and demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Identification of the source of delay or change in the Work. 12.1.1.6 Anticipation on impact extent of the delay or change in the Work. 12.1.1.7 Recommended action to minimize delay. 12.1.2 Requests for extension of time shall be fully documented and shall include copies of daily logs,letters,shipping orders,delivery tickets, and other supporting information. In case of continuing cause of delay,only one(1)claim is necessary. Normal working weeks are based on a five(5)day week.All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT. No claim for an adjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions. 12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones)that,in the sole judgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR,the Contract Times(or Milestones)shall be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in Article 12 of the General Conditions. 12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY,acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7—Related Work at Site,fires,floods,epidemics,or acts of God. 12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project. 12.1.6 Claims for delay due to inclement weather(i.e.beyond the 10-year mean average)shall be the made within ten(10)days of the inclement weather occurrence. 12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR. 12.1.8 If the CONTRACTOR is prevented from completing any part of the Work within the Contract Time(or Milestones)due to delay beyond the control of both CITY and CONTRACTOR,an extension of the Contract Times(or Milestones)in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall CITY be liable to CONTRACTOR,and SubContractor,any supplier,any other person or organization,or to any surety or employee or agent of any of them,for damages arising out of or resulting from(i)delays caused by or within the control of the CONTRACTOR,or(ii)delays beyond the control of both parties including but not limited to fires,floods,epidemics,abnormal weather conditions,acts of God or acts of neglect by utility owners or other contractors performing work as contemplated by Article 7—Related Work at Site. 12.2 LIQUIDATED DAMAGES 12.2.1 The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial loss if the Work is not completed within the times specified in Paragraph 2.3—Notice to Proceed plus any extensions thereof allowed in accordance with Article 12—Change of Contract Time. Each of the parties acknowledge that it has attempted to quantify the damages which would be suffered by CITY in the event of the failure of CONTRACTOR to perform in a timely manner,but neither one has been capable of ascertaining such damages with any certainty. CITY and CONTRACTOR also recognize and acknowledge the delays,expenses and difficulties involved in providing proof of such damages in a legal proceeding,the actual loss suffered by the CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof,the CITY and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay the CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to$20,000 $100 $20,001 to$75,000 $200 $75,001 to$150,000 $500 GC-55 page 1614 —6 4 06 $150,001 to$350,000 $750 $350,001 to$750,000 $800 $750,001 to$1,000,000 $1,000 $1,000,001 to$2,000,000 $1,200 $2,000,001 to$3,000,000 $1,500 $3,000,001 to$4,000,000 $1,600 $4,000,001 to$5,000,000 $1,700 $5,000,001 to$6,000,000 $1,800 $6,000,001 to$7,000,000 $1,900 $7,000,001 to$8,000,000 $2,000 $8,000,001 to$9,000,000 $2,100 $9,000,001 to$10,000,000 $2,200 $10,000,001 to$11,000,000 $2,300 $11,000,001 to$12,000,000 $2,400 $12,000,001 and over $2,500 For each day that expires after the time specified in Paragraph 2.3—Notice to Proceed,for Substantial Completion until the Work is substantially complete. 12.2.2 After Substantial Completion,if CONTRACTOR shall neglect,refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY,CONTRACTOR shall pay CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to$20,000 $25.00 $20,001 to$75,000 $50.00 $75,001 to$150,000 $125.00 $150,001 to$350,000 $187.50 $350,001 to$750,000 $200.00 $750,001 to$1,000,000 $250.00 $1,000,001 to$2,000,000 $300.00 $2,000,001 to$3,000,000 $370.00 $3,000,001 to$4,000,000 $400.00 $4,000,001 to$5,000,000 $425.00 $5,000,001 to$6,000,000 $450.00 $6,000,001 to$7,000,000 $475.00 $7,000,001 to$8,000,000 $500.00 $8,000,001 to$9,000,000 $525.00 $9,000,001 to$10,000,000 $550.00 $10,000,001 to$11,000,000 $575.00 $11,000,001 to$12,000,000 $600.00 $12,000,001 and over $625.00 For each day that expires after the time specified in Paragraph 2.3—Notice to Proceed. 12.2.3 This sum is not a penalty.The CITY reserves the right to additionally recover direct job site expenses,including CONSULTANT's expenses incurred during the period of any delay. The CONTRACTOR shall be liable for liquidated damages even if the Contract is terminated by the CITY for cause or if the CONTRACTOR abandons the Work. The liability of the CONTRACTOR and its surety or sureties for damages provided by this Article is joint and several. ARTICLE 13—TESTS AND INSPECTIONS,CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 NOTICE OF DEFECTS: 13.1.1 Prompt notice of all defects for which CITY or CONSULTANT have actual knowledge shall be given to CONTRACTOR. All defective Work,whether or not completed,may be rejected,corrected or accepted as provided in Article 13—Tests and Inspections:Correction, Removal or Acceptance of Defective Work. 13.1.2 Unremedied defects identified for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material,workmanship or equipment which are remedied as a result of obligations of the guarantee,shall subject the remedied portion of the Work to an extended guarantee period of one(1)year after the defect has been remedied. The Surety shall be bound with and for the CONTRACTOR in the CONTRACTOR's observance of the guarantee. 13.2 ACCESS TO WORK: 13.2.1 CONSULTANT's and CONSULTANT's representatives,other representatives of the CITY,testing agencies and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation,inspecting and testing.CONTRACTOR shall provide proper and safe conditions for such access. 13.3 TESTS AND INSPECTIONS: 13.3.1 CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections,tests or approvals. 13.3.2 If any federal,state or local laws and regulations require any Work(or part thereof)to specifically be inspected,tested or approved, CONTRACTOR shall assume full responsibility therefore pay all costs in connection therewith,and furnish CONSULTANT the required GC-56 page 161 Q -6 4 06 certificates of inspection,testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing required in connection with the CITY's or CONSULTANT's acceptance of supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.3.3 All inspections, tests or approvals other than those required by federal, state, or local laws or regulations shall be performed by organizations acceptable to the CITY and CONSULTANT. 13.3.4 If any work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT,it must,if requested by CONSULTANT,be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given CONSULTANT timely written notice of CONTRACTOR's intention to cover the same and CONSULTANT has not acted with reasonable promptness in response to such notice. 13.3.5 Observations by CITY,CONSULTANT inspections or tests or approvals by others shall not relieve CONTRACTOR from CONTRACTOR's obligation's to perform the Work in pursuant to the Contract Documents. 13.3.6 General:For tests specified to be made by the CONTRACTOR,the testing personnel shall make the necessary inspections and tests,the testing work and testing report thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five(5)copies of the report shall be submitted and authoritative certification thereof must be furnished to the CONSULTANT as a prerequisite for the acceptance of any material or equipment. 13.3.7 If,in the making of any test of any material or equipment,it is ascertained by the CONSULTANT that the material or equipment does not comply with the Contract Documents,the CONTRACTOR will be notified thereof and it will be directed to refrain from delivering such material or equipment,or to remove it promptly from the Site or from the Work and replace it with acceptable material,without cost to the CITY. 13.3.8 Tests of electrical and mechanical equipment and appliances shall be conducted in accordance with the recognized test codes. 13.3.9 Costs. All inspection and testing or materials furnished under this Contract will be provided by the CONTRACTOR,unless otherwise expressly specified. 13.3.10 Materials and equipment submitted by the CONTRACTOR as the equivalent of those specifically named in the Contract may be tested by the CITY for compliance. The CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials and equipment which are rejected for non-compliance. 13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarized and include copies of the results of physical tests and chemical analyses,where necessary,that have been made directly on the product or on similar products of the manufacturer. 13.3.13 Start-up Tests:As soon as conditions permit,the CONTRACTOR shall furnish all labor,materials and instruments and shall make start- up tests of equipment. 13.3.14 If the start-up tests disclose any equipment furnished under the Contract which does not comply with the requirements of the Contract Documents,the CONTRACTOR shall, prior to demonstration tests, make all changes,adjustments and replacements required.The CONTRACTOR shall assist in the start-up tests as applicable. 13.4 UNCOVERING WORK: 13.4.1 If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT's observation and replaced at CONTRACTOR's expense. 13.4.2 If CONSULTANT requests that covered Work be observed by CONSULTANT or inspected or tested by others,CONTRACTOR, at CONSULTANT's request shall uncover,expose or otherwise make available for observation,inspection or testing as CONSULTANT may require,that portion of the Work in question,furnishing all necessary labor,material and equipment. If it is found that such Work is defective,CONTRACTOR shall bear all direct,indirect and consequential costs of such uncovering,exposure,observation,inspection and testing and of satisfactory reconstruction,(including but not limited to fees and charges of engineers,architects,attorneys and other professionals),and the CITY shall be entitled to an appropriate decrease in the Contract Price,and if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in Article 11. If however, such Work is found to be defective, CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time,or both,directly attributable to such uncovering,exposure,observation,inspection,testing and reconstruction;and if the parties are unable to agree as to the amount or extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11 —Change in Contract Price and Article 12—Change in Contract Time in the General Conditions. 13.5 CITY MAY STOP THE WORK: 13.5.1 If the Work is defective,or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment,or fails to furnish or perform the Work in such a way that the completed Work shall conform to the Contract Documents,the CITY may order CONTRACTOR to stop the Work,or any portion thereof,until the cause for such order has been eliminated,however,this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. 13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.6.1 If required by CONSULTANT,CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, GC-57 Page 16119 OF 1 J-06 installed or completed,or if the Work has been rejected by CONSULTANT,remove it from the Site and replace with non-defective Work. CONTRACTOR shall bear all direct,indirect,and consequential costs of such correction or removal(including but not limited to fees and charges of engineers,architects,attorneys and other professionals)made necessary thereby. 13.6.2 If the CONTRACTOR refuses to comply,the CITY may do of the following: 13.6.2.1 The CITY shall correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final payment due to the CONTRACTOR,or 13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager and in compliance with the CITY's specifications. The CITY's Project Manager shall have the discretion to determine if the Work is satisfactory and in compliance with the specifications. 13.6.3 The remedies contained herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems applicable. 13.7 ONE-YEAR CORRECTION PERIOD: 13.7.1 If within one(1)year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal,state or local laws and regulations,or by the terms of any applicable special guarantee required by the Contract Documents,or by any specific provision of the Contract Documents;any Work is found to be defective,CONTRACTOR shall promptly,without cost to the CITY and in accordance with the CITY's written instructions,either correct such defective Work,or if it has been rejected by the CITY,remove it from the Site and replace it with non-defective Work. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or incase of an emergency where delay would cause serious risk of loss or damage,the CITY may have the defective Work corrected or the rejected Work removed and replaced,and all direct,indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers, architects,attorneys and other professionals)shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 13.7.5 Where defective Work(and damage to other Work resulting therefrom)has been corrected,removed or replaced under this Paragraph 13.7—"One Year Correction Period",the correction period hereunder with respect to such Work shall be extended for an additional period of one(1)year after such correction or removal and replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Instead of requiring correction or removal and replacement of defective Work,CITY(prior to CONSULTANT's recommendation of final payment),if CONSULTANT prefers to accept defective Work CITY may accept defective Work.If CITY accepts defective Work pursuant to this Paragraph 13.8. CONTRACTOR shall pay all claims, costs, losses and damages attributable to CITY's evaluation of anc determination to accept such defective Work(such costs to be approved by CONSULTANT as to reasonableness and to include but not limited to fees and charges of engineers,architects,attorneys and other professionals). 13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT's recommendation of final payment,a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work,and the CITY shall be entitled to an appropriate decrease in the Contract Price,and,if the parties are unable to agree as to the amount thereof,the CITY may make a claim therefor as provided in Article 11—Change of Contract Price.If acceptance occurs after such recommendation,CONTRACTOR shall pay an appropriate amount to the CITY. 13.9 CITY MAY CORRECT DEFECTIVE WORK: 13.9.1 If CONTRACTOR fails within thirty(30)days after written notice of CONSULTANT to proceed to correct defective Work,or remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 13.7.1,or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents,or if CONTRACTOR fails to comply with any other provision of the Contract Documents,the CITY may,after seven(7)days written notice to CONTRACTOR correct and remedy any such deficiency. 13.9.2 To the extent necessary to complete corrective and remedial action,the CITY may exclude CONTRACTOR from all or part of the Work, and suspend CONTRACTOR's services related thereto,take possession of CONTRACTOR's tools,appliances,construction equipment and machinery at the Site and incorporate in the Work,all materials and equipment stored at the Site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY,the CONSULTANT,the CITY's Representative agents and employees,such access to the Site as may be necessary to enable the CITY to exercise the rights and remedies under this Paragraph. 13.9.3 All direct,indirect and consequential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY,and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work.The CITY shall be entitled to an appropriate decrease in the Contract Price,and if the parties are unable to agree as to the amount thereof,the CITY may make a claim therefore as provided in Article 11—Change of Contract Price. Such direct,indirect and inconsequential costs shall include but not be limited to fees and charges of engineers,architects,attorneys and other professionals, all court costs,and all costs of repair and/or replacement of Work of others destroyed or damaged by correction,removal or replacement of CONTRACTOR's defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or remedial work at no cost to the CITY. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY's rights pursuant to Paragraph 13.9 of the General Conditions. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION: GC-58 page 1614 —64 06 14.1 SCHEDULE OF VALUES 14.1.1 The schedule of values established as provided in Paragraph 2.9—Finalizing Schedules,shall serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to CITY and CONSULTANT. 14.2 UNIT PRICE BID SCHEDULE 14.2.1 Progress payments on account of Unit Price Work shall be based on the number of units completed. 14.2.2 The quantities for payment under this Contract shall be determined by actual measurement of the completed items in place,ready for service and accepted by the CITY,in accordance with the applicable method of measurement therefore contained pursuant to these General Conditions. 14.2.3 The CONTRACTOR shall receive and accept the compensation provided in the Bid and the Contract documents as full payment for furnishing all materials,labor,tools and equipment for performing all operations necessary to complete the Work under the Contract and also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual quantities of Work and quantities herein estimated by the CONSULTANT,or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until final acceptance by the CITY. 14.2.4 The prices stated in the Bid include all costs and expenses for taxes,labor,equipment,materials,commissions,transportation charges and expenses,patent fees and royalties,labor for handling materials during inspection,together with any and all other costs and expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit price stated in the Bid shall be in accordance with the description of that item. 14.3 APPLICATION FOR PAYMENTS: 14.3.1 Unless otherwise prescribed by federal,state or local law,at the end of each calendar month,the CONTRACTOR shall submit to the CONSULTANT for review,an Application for Payment(AFP)filled out and signed by the CONTRACTOR,covering the Work completed as of the date of the Application and accomplished by such supporting documentation pursuant to the Contract Documents. 14.3.2 The Net Payment Due to the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted from the amount of retainage specified in the Contract,and the total amount of all previous approved Applications for Progress Payment submitted by CONTRACTOR. Retainage shall be calculated based upon the above-mentioned sub-total. 14.3.3 The CONTRACTOR shall list each Change Order executed prior to date of submission,at the end of the continuation sheets and shall list by Change Order Number,and description,as for an original component item of work. 14.3.4 As provided for in the Application for Payment(AFP)form,the CONTRACTOR shall certify for each current pay request that all previous progress payments received from the CITY,under this Contract have been applied by the CONTRACTOR to discharge in full all obligations of the CONTRACTOR in connection with Work covered by prior Application for Payment (AFP), and all materials and equipment incorporated into the Work are free and clear of all liens,claims,security interest and encumbrances. CONTRACTOR shall attach to each Application for Payment(AFP)like obligation discharge affidavits by all subcontractors. 14.4 CONTRACTOR'S WARRANTY OF TITLE: 14.4.1 The CONTRACTOR warrants and guarantees that title to all Work and equipment covered by an Application for Payment,whether incorporated in the Project or not,shall have passed to the CITY prior to the making of an Application for Payment,free and clear of all liens,claims,security interests and encumbrances(hereafter in these General Conditions referred to as"Liens"),and that no work or equipment covered by an Application for Payment shall have been acquired by the CONTRACTOR or by any other party performing the Work at the Site or furnishing equipment for the Project,subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller of such products or otherwise imposed by the CONTRACTOR or such other person. 14.5 REVIEW OF APPLICATIONS FOR PAYMENT: 14.5.1 CONSULTANT shall,within ten(10)days after receipt of each Application for Payment,either indicate in writing,a recommendation of payment and present the Application to the CITY,or return the Application to CONTRACTOR indicating in writing CONSULTANT's reasons for refusing to recommend payment. In the latter case,CONTRACTOR may make necessary corrections and resubmit the Application. Thirty(30)days after receipt of the Application for Payment by the CITY with CONSULTANT's recommendation,the amount recommended shall(subject to the provisions of the last sentence of paragraph 14.5.4)become due and when due shall be timely paid by the CITY to CONTRACTOR. 14.5.2 CONSULTANT's recommendation of any payment requested in the Application for Payment shall not prohibit the CITY from withholcing payment or prohibit the CITY from paying additional sums regarding other matters or issues between the parties. 14.5.3 CONSULTANT's recommendation of final payment shall constitute a representation by CONSULTANT to the CITY that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in Paragraph 14.10,Final Payment and Acceptance,have been fulfilled. 14.5.4 CONSULTANT may refuse to recommend in whole or any part of any payment if,in CONSULTANT's opinion,it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests,nullify any such payment previously recommended, to such extent as may be necessary in CONSULTANT's opinion to protect the CITY from loss,including but not limited to: 14.5.4.1 The Work is defective or completed Work has been damaged requiring correction or replacement. 14.5.4.2 The Contract Price has been reduced by a Written Amendment or Change Order. 14.5.4.3 The CITY has been required to correct defective Work or complete Work pursuant to Paragraph 13.9,or GC-59 06 14.5.4.4 The CONSULTANT's actual knowledge of the occurrence of any of the events enumerated in Paragraphs 15.2.1 through 15.2.1.9 inclusive(CITY May Terminate). 14.5.5 The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR's performance or furnishing of the Work,or there are other items entitling the CITY to credit against the amount recommended but the CITY must give CONTRACTOR written notice(with a copy to CONSULTANT)stating the reasons for such action. Reasons the CITY may refuse to make payment include but are not limited to: 14.5.6 The Work for which payment is requested cannot be verified by the CITY. 14.5.7 Claims or Liens have been fled against the CITY relating to the Project or there is reasonable evidence indicating the probable fling thereof. 14.5.8 Upon unsatisfactory obligation of the Work,including failure to clean up as required. 14.5.9 Upon CONTRACTOR's persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents. 14.5.10 Upon liquidated damages payable by the CONTRACTOR,or 14.5.11 Upon any other violation of,or failure of CONTRACTOR to comply with,the provisions of the Contract Documents. 14.6 SUBSTANTIAL COMPLETION: 14.6.1 When the CONTRACTOR considers the entire Work ready for its intended use,the CONTRACTOR shall notify the CITY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. 14.6.2 The CITY,the CONSULTANT and the CONTRACTOR shall make an inspection of the Work within fifteen(15)calendar days after notice from the CONTRACTOR that the Work is substantially complete to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete,the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete,the CONSULTANT shall prepare and deliver to the CITY for its execution and recordation,the Certificate of Substantial Completion,signed by the CONSULTANT and CONTRACTOR,which shall affix the Date of Substantial Completion. 14.6.3 The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion,but the CITY shal I allow CONTRACTOR reasonable access to complete or correct items on the "punch list", pursuant to Paragraph 14.12 of the General Conditions. 14.7 PARTIAL UTILIZATION: 14.7.1 The CITY shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work,or the restoration of any damaged work except such as may be caused by agent or employees of the CITY. 14.7.2 Prior to Substantial Completion,the CITY,with the approval of the CONSULTANT and with written notice to the CONTRACTOR,may use any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.7.3 Use by the CITY of any finished part of the Work,which has specifically been identified in the Contract Documents,or which the CITY, CONSULTANT,and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY without significant interference with CONTRACTOR's performance of the remainder of the Work,may be accomplished prior to Substantial Completion of all Work subject to the following: 14.7.3.1 The CITY at any time may request CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees,CONTRACTOR shall certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work.CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. Within fifteen (15)days after either such request,the CITY,CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete,CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT considers that part of the Work to be substantially complete,the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.7.3.2 The CITY may at any time,request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen (15)days thereafter,the CITY,CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate operation by the CITY,CONSULTANT shall finalize the list of items to be completed or corrected and shall deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance,warranties and guarantees for that part of the Workwhich shall become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation(unless CONTRACTOR shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work,the CITY shall allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work. GC-60 06 14.8 FINAL INSPECTION: 14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete,CONSULTANT shall make a final inspection with the CITY and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective,or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as necessary to remedy such deficiencies. 14.9 FINAL APPLICATION FOR PAYMENT: 14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions,schedules,guarantees,Bonds,certificates of inspection,marked-up record documents(as provided in Paragraph 14.6,Substantial Completion)and other documents-all as required by the Contract Documents,and after CONSULTANT has indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto,CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by:(i)all documentation called for in the Contract Documents,including but not limited to the evidence of insurance required,(ii)consent of the surety,if any,to final payment,and(iii)complete and legally effective releases or waivers(satisfactory to CITY)of all Liens arising out of or filed in connection with the Work. 14.10 FINAL PAYMENT AND ACCEPTANCE: 14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, and receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation,the CITY's CONSULTANT shall promptly examine the Work and making such tests as he/she may deem proper,and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and experienced professional Consultant, shall satisfy themselves that the CONTRACTOR's statement appears to be correct and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled. The CONSULTANT shall then inform the CITY in writing that CONSULTANT have examined the Work and that it appears,to the best of the CONSULTANT's knowledge and belief,to conform to the Contract Drawings,Specifications and any approved Change Orders that the CONTRACTOR's other obligations under the Contract Documents have been fulfilled,and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY's CONSULTANT does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and workmanlike condition,and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. 14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which have been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the Work or his/her findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT's estimate and recommendation to the CITY,the CITY shall make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents,or as may be lawfully retained,including but not limited to,Liquidated Damages,as applicable. Title passes and warranty begins at final acceptance. 14.10.3 All prior estimates are subject to correction in the final estimate. Thirty(30)days after approval by the CITY of the Application for Final Payment,the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR. 14.11 WAIVER OF CLAIMS: 14.11.1 The making and acceptance of Final Payment shall constitute: 14.11.1.1 Waiver of all claims by CITY against CONTRACTOR, except claims arising from unsettled Liens from defective Work appearing after final inspection, pursuant to Paragraph 14.8, Final Inspection,from failure to comply with the Contract Documents or the terms of any special guarantees specified therein,or from CONTRACTOR's continuing obligations under the Contract Documents or the Performance and Payment Bonds,and 14.11.1.2 Waiver of all claims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time of making an acceptance of Final Payment. 14.12 PUNCHLIST PROCEDURES: As per Florida Statutes§218.735(7)(a)(ii),punchlist procedures to render the Work complete,satisfactory and acceptable are established as follows: 14.12.1 Within fifteen(15)days of Substantial Completion of the construction services purchased as defined in the Contract,CONTRACTOR shall schedule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough is to develop a preliminary punchlist("Punchlist")of items to be performed by the CONTRACTOR,based upon observations made jointly between the CONTRACTOR,CONSULTANT and CITY during the Substantial Completion Walkthrough. Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR's timely initiation of a request for the Substantial Completion Walkthrough.At its option,CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT. 14.12.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Punchlist either during the Substantial Completion Walkthrough itself,or thereafter for a period of thirty(30)days from the date of the Substantial Completion Walkthrough. 14.12.3 No later than thirty(30)days following the scheduled Substantial Completion Walkthrough,CONTRACTOR shall again initiate and request a second walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the Substantial Completion Walkthrough Checklist and to supplement that list as necessary(based,for example,upon work which may have been damaged as a result of the CONTRACTOR's performance of completion of items contained on the Substantial Completion Walkthrough Punchlist)and for the purpose of developing a joint Final Punchlist. 14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than thirty(30)days from the date of reaching Substantial Completion of the construction services or as defined in the Contract Documents. GC-61 page 161 W -6 4 06 14.12.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes§218.735(7)(d)until the CONTRACTOR considers the Final Punchlist to be 100%complete. 14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty(30)days of the date of its issuance by CITY. 14.12.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as the Final Punchlist is 100%complete. 14.12.8 CONTRACTOR acknowledges and agrees that CITY may, at its option, during performance of the Work and prior to Substantial Completion,issue lists of identified non-conforming or corrective work for the CONTRACTOR to address.The intent of any such CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by CITY during performance of the Work. 14.12.9 CONTRACTOR acknowledges and agrees that in calculating 150%of the amount which may be withheld by CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete,as provided for by Florida Statutes§218.735(7)(d),CITY may include within such percentage calculation its total costs for completing such item of work,including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the Schedule of Value associated with such work activity,but rather total costs are based upon the value(i.e.cost)of completing such work activity based upon market conditions at the time of Final Punchlist completion. 14.13 RETAINAGE PROCEDURES: 14.13.1 Pursuant to Florida Statutes § 218.735(8)(a). The CITY may withhold retainage of five (5) percent of all monies earned by the CONTRACTOR and shall be retained by the CITY until Final Completion of the construction services purchased(defined as that point at which one hundred(100)percent of the constriction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR)has been reached and acceptance by the CITY as defined in Florida Statutes§218.735(7)(d). 14.13.2 This section does not prohibit the CITY from withholding retainage at a rate less than five(5%)percent of each progress payment,from incrementally reducing the rate of retainage pursuant to a schedule provided for in the Contract,or from releasing at any point all or a portion of any retainage withheld by the CITY which is attributable to the labor,services,or materials supplied by the CONTRACTOR or by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to the labor,services,or materials supplies by one or more subcontractors or suppliers,the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.3 This section does not require the CITY to pay or release any amounts that are subject of a good faith dispute,the subject of a claim brought pursuant to Florida Statutes§255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR. 14.13.4 The time limitations set forth in this section for payment requests,apply to any payment request for retainage made pursuant to this section. 14.13.5 Paragraphs 14.13.2 do not apply to construction services purchased by the CITY which are paid for,in whole or in part,with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. 14.13.6 This subsection does not apply to any construction services purchased by the CITY if the total cost of the construction services as identified in the contract is$200,000 or less. 14.13.7 All payments dues under this section and not made within the time periods specified by this section shall bear interest at the rate of one (1%)percent per month,or the rate specified by contract,whichever is greater. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION: 15.1 CITY MAY SUSPEND/STOP WORK: 15.1.1 THE CITY MAY SUSPEND WORK:The CITY may,at any time and without cause,suspend the Work or any portion thereof for period of not more than ninety(90)days by notice in writing to CONTRACTOR and CONSULTANT which shall affix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so affixed. If CONTRACTOR claims an increase in the Contract Price or an extension of the Contract Time,or both,directly attributable to any suspension,CONTRACTOR may make a claim as provided in Articles 11(Change of Contract Price)and Article 12(Change of Contract Time)of the General Conditions. 15.1.2 THE CITY MAY STOP WORK:The CITY or CITY's Representative may stop the Work or any portion thereof when it has been determined that the CONTRACTOR is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition.A verbal Stop Work order shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal and shall be followed by a confirmation in writing. 15.2 CITY MAY TERMINATE FOR CAUSE: 15.2.1 Upon the occurrence of any one or more of the following events: 15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code(Title 11,United States Code),as now or hereafter in effect,or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such timing relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code(Title 11,United States Code)as now GC-62 page 161 A -6 4 06 or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.1.4 If a trustee, receiver,custodian or agent of CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors, 15.2.1.5 If CONTRACTOR admits in writing an inability to pay the debts generally as they become due, 15.2.1.6 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents(including but not limited to,failure to supply sufficient skilled workers suitable materials or equipment or failure to adhere to the progress schedule established under Paragraph 2.6 as revised from time to time), 15.2.1.7 If CONTRACTOR disregards any federal,state or local laws and or regulations of any Local Public Agency regulations that apply. 15.2.1.8 If CONTRACTOR disregards the authority of CONSULTANT,or 15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents, 15.2.1.10 In the event of termination,the CITY may take possession of the premises and all materials,tools,and appliances,thereon and finish the Work by whatever method it may deem expedient. In such cases,the CONTRACTOR shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date,subject to any setoffs due the CITY in completing the Project and for reimbursement for damages incurred.The CITY may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by CONTRACTOR to complete the Work. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the expense incurred by the CITY to finish the Work(including additional managerial and administrative services,plus the CITY's direct, indirect and consequential losses),exceeds the unpaid balance on the Contract,the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demand. The expense incurred through the CONTRACTOR's default,shall be certified by the CITY's Project Manager. The CONTRACTOR shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the CONTRACTOR and its surety or sureties for such damages and costs is joint and several. The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the Project in its entirety. These clauses shall survive the termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold the CONTRACTOR in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted,or wrongful,then any such termination shall be deemed for all purposes as a termination without cause as described below. The CONTRACTOR agrees that it shall be entitled to no damages,allowances or expenses of any kind other than as provided in this Agreement in connection with such termination,any and all claims for consequential damages, loss of bonding capability,destruction of business,unabsorbed home office overhead,lost profit and related claims. 15.2.2 Where CONTRACTOR's services have been terminated by the CITY,the termination shall not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the CITY shall not release CONTRACTOR from liability. 15.3 CITY MAY TERMINATE WITHOUT CAUSE: 15.3.1 The CITY may terminate this Contract without cause by giving seven(7)days prior written notice to the CONTRACTOR,and in such event,the CITY shall pay the CONTRACTOR for that portion of the Contract Sum,less the aggregate of previous payments,allocable to the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR, not including overhead,general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments,(with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination,if the CONTRACTOR can show proof of such purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it,all or some subcontracts,construction,plants,materials tools,equipment,appliances,rental agreements, and other commitments which the CITY, in its sole discretion, chooses to take by assignment,and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. 15.4 REMOVAL OF EQUIPMENT DUE TO TERMINATION: 15.4.1 Removal of Equipment: In the case of termination of this Contract before completion,for any cause whatever,the CONTRACTOR, if notified to do so by the CITY or CITY's Project Manager,shall promptly remove any part of all of this equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies,the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. 15.5 CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5.1 If,through no act or fault of CONTRACTOR,the Work is suspended for a period of more than ninety(90)days by the CITY,or under an order of court or other public authority,or CONSULTANT fails to act on any Application of Payment within thirty(30)days after it is submitted,or the CITY fails to pay any sum finally determined to be due within sixty(60)days to CONTRACTOR,CONTRACTOR may upon CITY's and CONSULTANT's receipt of seven(7)days written notice to the CITY and CONSULTANT,terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum,less the aggregate of previous payments,allocable to the Work completed as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts, construction,plant,materials,tools,equipment,appliances,rental agreements,and any other commitments which the CITY,in its sole discretion,chooses to take by assignment,and in such event,the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Contract,if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid,CONTRACTOR may upon seven(7)days written notice to the CITY GC-63 page 161 Q -6 06 and CONSULTANT,stop the Work until payment of all amount becomes due. The provisions of this paragraph shall not relieve the CONTRACTOR of the obligations under Paragraph 6.24—Continuing the Work,to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY or CONSULTANT. ARTICLE 16-DISPUTE RESOLUTION 16.1 GOOD FAITH EFFORT: 16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising under this Contract,shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY or CITY's Project Manager. At all times,the CONTRACTOR shall carry on the Work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the CITY or its representatives,pending a final resolution of the dispute,including,if necessary,any determination by a Court of competent jurisdiction.Any dispute which is not resolved by mutual agreement of CONTRACTOR and CITY's or CITY's Project Manager shall be decided by the CITY MANAGER or CITY MANAGER's designee who shall reduce the decision to writing. The decision of the CITY MANAGER or CITY MANAGER's designee shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent,capricious,arbitrary,so grossly erroneous as to necessarily imply bad faith,or not be supported by substantial evidence. 16.2 MEDIATION: 16.2.1 Prior to initialing any litigation concerning this Contract,the CITY reserves the right to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law,the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 17—MISCELLANEOUS: 17.1 GIVING NOTICE: 17.1.1 All notices,requests,consents and other communications required or permitted under this Contract shall be in writing and shall be(as elected by the person giving such notice)hand delivered by messenger or courier service,or mailed by registered or certified mail(postage prepaid)return receipt requested,addressed to To CITY: User Department 100 E.Ocean Avenue Boynton Beach,Florida 33435 WITH A COPY T0: Director of Financial Services Procurement Services Division 100 E.Ocean Avenue Boynton Beach,Florida 33435 CONTRACTOR: Individual or to a member of the firm or to an officer of the corporation for whom it is intended. 17.2 COMPUTATION OF TIME: 17.2.1 When any period of time is referred to in the Contract Documents by days,it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a federal or state legal holiday,such day shall be omitted from the computation. 17.3 NOTICE OF CLAIM: 17.3.1 Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error,omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable,claim shall be made in writing to the other party within seven(7)calendar days of the first observance of such injury or damage.The provisions of this Paragraph 17.3 shall not be construed as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions. 17.4 CULMULATIVE REMEDIES: 17.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation,the warranties, guarantees and obligations imposed upon CONTRACTOR by Sections 6— Contractor's Responsibilities,Section 13—Test and Inspections,Correction,Removal or Acceptance of Defective Work,Section 14— Payments to Contractor and Completion,and Section 15—Suspension of Work and Termination,and all of the rights and remedies available to the CITY and CONSULTANT thereunder,are in addition to and are not to be construed in any way as a limitation of,any rights and remedies available to any or all duties and obligations which are otherwise imposed or available by federal,state and local laws or regulations,by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents,and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents in connection with each particular duty obligation,right and remedy. All representations warranties and guarantees made in the Contract Documents shall survive final payment and termination of completion of the Contract. GC-64 page 162A -6 06 17.5 ACCIDENT AND PREVENTION: 17.5.1 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery,equipment and all hazards shall be guarded in accordance with the safety provisions of the"Manual of Accident Prevention in Construction"as published by the Associated General Contractors of America,Inc.to the extent that such provisions are not in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death,occupational diseases,or injury requiring medical attention or causing loss of time from Work,arising out of and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters. 17.6 FLORIDA PRODUCTS AND LABOR: 17.6.1 The CONTRACTOR shall comply with Florida Statutes§255.04,which requires that on public building contracts,Florida products and labor shall be used whenever price and quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.7.2 Any person employed on the Project who fails,refuses,or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project,or who appears to the CITY or CITY's Representative to be disorderly,intoxicated,insubordinate,or incompetent,shall upon the order of the CITY,be discharged at once and will no longer be employed in any part of the Work. Any interference with,or abuse or threatening conduct toward the CITY,CONSULTANT,or their inspectors by the CONTRACTOR or its employees or agents,shall be authority for the CITY to annul the Contract and re-let the Project. No intoxicating substance shall be allowed at the Project Site. 17.8 NON-DISCRIMINATION: 17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race,creed,color,religion,sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading,demotion or transfer,recruitment advertising,layoff or termination,rates of pay or other form of compensation,and selection for training including apprenticeship.The CONTRACTOR agrees to post in conspicuous places,available to employees and applicants for employment,notices setting forth the provisions of this non-discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance. 17.9 DRUG-FEE WORKPLACE: 17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug-Free Workplace and have their Drug-Free Workplace policy posted in their offices and available for inspection by the CITY. 17.10 PUBLIC ENTITY CRIMES: 17.10.1 Pursuant to Florida Statutes§287.133,as amended,a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity,may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit Bids on leases of real property to a public entity,may not be awarded to perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes§287.017 for CATEGORY TWO or higher for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. 17.11 ASSIGNMENT: 17.11.1 This Contract nor any monies due hereunder,or any part thereof,shall not be assigned or transferred by CONTRACTOR without written consent of the party sought to be bound. The CITY shall not be liable to any assignee or transferee of the Contract or any monies due hereunder without the previous written consent of the CITY,to the assignment or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. 17.12 VENUE: 17.12.1 This Contract shall be interpreted as a whole unit and section headings are for convenience only.All interpretations shall be governed by the laws of the State of Florida with venue lying in Palm Beach County,Florida. 17.13 FUNDING OUT: 17.13.1 It is necessary that fiscal funding out provisions be included in all Bids in which the terms are for periods longer than one year. Therefore, the following funding out provisions are an integral part of this Invitation to Bid and CONTRACTOR agrees that: 17.13.2 The CITY during the contract period may terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the same terms and conditions. 17.13.3 Such prior written notice shall state that the lack of appropriated funds is the reason for termination. 17.14 CITY's PURCHASING CARD: 17.14.1 The CITY has authorized use of a Purchasing Card to expedite small dollar purchases for materials,supplies and other items needed for GC-65 Page 1621 OF 1 J-06 daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above mentioned purchases. 17.14.2 The CITY reserves the right to use the Purchasing Cards as an optional payment method to pay invoices for the project Work submitted by the CONTRACTOR. 17.15 DEBARMENT: 17.15.1 The CITY shall have the authority to debar a person/corporation/contractor for cause for consideration of award of future contacts. The debarment shall be for a period commensurate with the seriousness of the causes,generally not to exceed three(3)years. When the offense is willful or blatant,a longer term of debarment may be imposed,up to an indefinite period. 17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY PROPERTY: 17.16.1 Possession of firearms shall not be tolerated in or near CITY buildings.Nor shall violation of Federal,State and local laws and policies regarding Drug-Free Workplace be tolerated. Violators shall be subject to immediate termination. 17.16.2 "Firearm"means any weapon(including a starter gun or antique firearm)which is designed to,or may readily be converted to expel a projectile by the action of an explosive,the frame of receiver of any such weapon,any destructive device,or any machine gun. 17.16.3 No person who has a firearm in their vehicle may park their vehicle on CITY premises. 17.16.4 If any employee of CONTRACTOR or Sub-Contractor is found to have brought a firearm on CITY property,such employee must be terminated from the Project by the CONTRACTOR or Sub-Contractor. If the Sub-Contractor fails to terminate such employee,the Sub- Contractor's agreement with the CONTRACTOR for the CITY project shall be terminated. If the CONTRACTOR fails to terminate such employee or fails to terminate the agreement with the Sub-Contractor who fails to terminate such employee, the CONTRACTOR's agreement with the CITY shall be terminated. 17.17 PRODUCT RECALL: 17.17.1 In the event the CONTRACTOR receives notice that a product delivered by the CONTRACTOR to the CITY has been recalled,seized,or embargoed,and/or has been determined misbranded,adulterated,or found to be unfit for human consumption by a packer,processor, subcontractor,retailer,manufacturer,or by any state or federal regulatory agency,the CONTRACTOR shall notify the CITY's Procurement Services Division within two(2)business days of receiving such notice. The CITY's acceptance or failure to reject the affected product as non-conforming shall not in anyway impact,negate,or diminish the CONTRACTOR's duty to notify the CITY,CONSULTANT and CITY's Procurement Services Division that the affected product has been recalled,seized or embargoed,and/or has been determined to be misbranded,adulterated,or found to be unfit for human consumption. The form and content of such notice to the CITY shall include the name and description of the affected product;the approximate date the affected product was delivered to the CITY;the bid number;and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the CITY, if necessary to protect the health,welfare,and safety of CITY employees,and any health hazards known to the CONTRACTOR which may be caused or created by the affected product. 17.17.2 The CONTRACTOR shall,at the option of the CITY's Procurement Services Division,either reimburse the purchase price or provide an equivalent replacement product at no additional cost to the CITY.The CONTRACTOR shall be responsible for removal and/or replacement of the affected product within the time specified by the CITY,without causing significant inconvenience to the CITY. 17.17.3 At the option of the CITY,the CONTRACTOR may be required to reimburse storage,disposal and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The CONTRACTOR shall bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to removal and/or replace the affected product with an equivalent replacement within the time specified by the CITY, without causing significant inconvenience to the CITY shall be considered a default of the Contract. 17.18 RIGHTS TO BID DOCUMENTS: 17.18.1 All copies and contents of any proposal,attachment,and explanation thereof submitted in response to this Invitation to Bid (except copyright material),shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use,at its discretion,and in any manner it deems appropriate,any concept,idea,technique or suggestion contained therein. All copyright and industrial/commercial proprietary, confidential and/or privileged information such as financial records, must be clearly identified, as such confidentiality is protected until award of contract,in accordance with Florida Statutes,Chapter 119. Such material shall be returned to the Bidders prior to award of contract so as to preserve the proprietary and confidential nature of its contents. 17.19 SEVERABILITY: 17.19.1 Indulgence by the CITY on any non-compliance by the CONTRACTOR does not constitute a waiver of any rights under this Invitation to Bid. If any term or provision of this Bid or resulting Contract,or the application thereof to any person or circumstances shall to any extent be held invalid or unenforceable,the remainder of this Bid or Contract,or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected,and every other term provision of this Bid/Contract shall be deemed valid and enforceable to the extent permitted by law. 17.20 VERIFICATION OF EMPLOYMENT STATUS: 17.20.1 The CITY shall not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized immigrant workers,constituting a violation of the employment provisions contained in U.S.C.Section 1324a(e)(Section274A9e)of the Immigration and Nationality Act(INA). The CITY shall consider the employment by any contractor of unauthorized aliens a violation by the recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY. GC-66 page 162Q -6 06 17.21 ABBREVIATIONS AND SYMBOLS: 17.21.1 Referenced Standards:Any reference to published specifications or standards of any organization or association shall comply with the requirements of the specifications or standards which is current on the date of Advertisement of Bids. In case of a conflict between the referenced specifications or standards,the one having the more stringent requirement shall govern. 17.21.2 In case of conflict between the referenced specifications or standards and the Contract Documents,the Contract Documents shall govern. 17.21.3 ABBREVIATIONS: AA Aluminum Association AAA American Arbitration Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturer's Assoc. AASHO The American Association of State Highway Officials ABA American Bar Association ABMA American Boiler Manufacturer's Association ABPA Acoustical and Board Products Association ACI American Concrete Institute ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Anti-Friction Bearing Manufacturer's Assoc. AGA American Gas Association AGC Associated General Contractors of America AGMA American Gear Manufacturer's Association AHA American Hardboard Association Al The Asphalt Institute AIA American Institute of Architects AIA American Insurance Association AIEE American Institute of Electrical Engineers(Now IEEE) AIMA Acoustical and Insulating Materials Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Condition Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ARI American Refrigeration Institution ASA American Standards Association(Now ANSI) ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating,Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASSCBC American Standard Safety Code for Building Construction ASSHTO American Association of State Highway Transportation Officials ASTM American Society for Testing and Materials AWG American Wire Gauge AWI Architectural Woodwork Institute AWPA American Wood Preserver's Association AWPB American Wood Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturer's Association BIA Brick Institute of America(Formerly,SCPI) CDA Copper Development Association CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of America CRSI Concrete Reinforcement Steel Institute CS Commercial Standard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Standard Specification for Road and Bridge Construction, Florida Department of Transportation E/A Engineer and/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluid Control Institute FEC Florida East-Coast Railway FDER Florida Department of Environmental Regulation FDOT Florida Department of Transportation Fed Spec Federal Specification GC-67 page 162P -6 4 06 FPL Florida Power and Light FPS Feet Per Second FS Federal Standards GA Gypsum Association GPM Gallons Per Minute HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartford Steam Boiler Inspection and Insurance Co. ID Inside Diameter IEEE Institute of Electrical and Electronic Engineers IFI Industrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size LWDD Lake Worth Drainage District MF Factory Mutual System MGD Million Gallons Per Day MHI Materials Handling Institute MIL Military Specifications MMA Monorail Manufacturer's Association NBFU National Board of Fire Underwriters NBHA National Builders'Hardware Association NBS National Bureau of Standards NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Code NECA National Electrical Contractors'Association NEMA National Electrical Manufacturer's Association NFPA National Fire Protection Association NLA National Lime Association NPC National Plumbing Code NPT National Pipe Threads NSC National Safety Council NSF National Sanitation Foundation OD Outside Diameter OSHA U.S.Department of Labor,Occupational Safety and Health Administration PCA Portland Cement Association PCI Pre-stressed Concrete Institute PS United States Products Standards PSI Pounds per Square Inch PS IA Pounds per Square Inch Atmosphere PSIG Pounds per Square Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station(100 feet) TAS Technical Aid Series TCA The Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories,Inc. USACE United States Army Corps of Engineers USASI United States of American Standards Institute 17.21.4 GENERAL ABBREVIATIONS AND ACRONYMS ACR Attenuation-to-Crosstalk Ration ADA Americans with Disabilities Act AFF Above finished floor ANSI American National Standards Institute ASTM American Society for Testing and Materials(ASTM International) AWG American Wire Gauge BD Building distributor(replacing main-cross connect and MDF as"building service" (room identifiers) BICSI® Building Industry Consulting Service International,Inc. BTU British Thermal Unit CATV Community Antenna Television(Cable Television) CD Campus distributor (replacing main-cross connect and MDF as "campus-wide service" room identifiers). Also, compact disk for storage of audio or video information. GC-68 06 dB Decibel EMT Electrical metallic tubing ENT Electrical non-metallic tubing EDPM Ethylene-polypropylene-diene membrane EF Entrance facility EIA Electronic Industries Alliance ELFEXT Equal Level Far End Crosswalk EMC Electromagnetic Compatibility EMI Electromagnetic Inference ER Equipment Room,Replacing"TR" FMC Flexible metallic conduit FCC Federal Communications Commission FD Floor Distributor (replacing network room, intermediate and horizontal cross- connect,and telecommunications as"building service"room identifiers). Also,Floor Drain as part of building plumbing system. FDDI Fiber Distribution Data Interface FEXT Far-End Crosstalk FOTP Fiber Optic Test Procedure Freq Frequency GE Ground equalizer(replacing TBBIBC) Gnd Ground HB Handbox,also hose bibb for water supply part of plumbing system HC Horizontal Cross-Connect(replaced by floor distributor FD") HH Handhole HVAC Heating,Ventilation,and Air-Conditioning Hz Hertz IC Intermediate Cross-Connect(replaced by"BD"or FD" IEEE Institute of Electrical and Electronics Engineers IMC Intermediate metal conduit ISO International Organization for Standardization ISP Inside Cable Plant LFMC Liquidtight flexible metal conduit LFNC Liquidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross-Connect(replaced by campus distributor"CD") MDF Main Distributor Frame(replaced by"CD"or"BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile-butadiene rubber NEC National Electric Safety Code,C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room OSHA Occupational Safety and Health Administration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDD® Registered Communications Distribution Designer RFI Radio Frequency Interference RH Relative Humidity RNC Rigid nonmetallic conduit SM Single Mode TBB Telecommunication Bonding Backbone TBBIBC Telecommunication Bonding Backbone Interconnecting Bonding Conductor (replaced by ground equalizer"GE") TE Telephone Equipment(Wall Mounted Equipment Rack) TGB Telecommunications Grounding Buss Bar TIA Telecommunications Industry Association TMGB Telecommunications Main Grounding Buss Bar TR Telecommunications Room(being replaced with"ER") UL Underwriters Laboratory UPS Uninterruptible Power Supply WAO Work Area Outlet 17.21.5 UNITS OF MEASURE Weights and Measures shall be identified by Weights and Measures Division,NIST.,U.S.Department of Commerce,100 Bureau Drive, Stop 2600,Gaithersburg,MD 20899-26. END OF SECTION GC-69 06 SUPPLEMENTAL CONDITIONS FOR CONSTRUCTION PRE-CHLORINATED PIPE BURSTING FOR POTABLE WATER MAINS BID No. 079-2821-21 SCC— 1 BID BONDS 1.1 Bid bonds are NOT required for this bid. 1.1 a. Preparation of the Schedule of Bid Items represent only line item pricing; the value of each subsequent project cannot be determined at this time. SCC—2 PERFORMANCE AND PAYMENT BONDS 2.1 Performance and Payments are required only when projects developed by the City exceed $100,000.00. SCC—3 PURCHASE ORDERS 3.1 Purchase Orders for specific scope(s) of work identified by the City will be issued on an "As Needed Basis"to awarded contractor(s). Purchase Order(s)will be prepared based on established pricing. 3.1 a. A site inspection will be performed at such time that the contractor(s) respond to a request from the City regarding a specific scope of work and prior to the issuance of a purchase order. 3.1 b. The Contractor will prepare a pricing proposal utilizing the established bid and submit the proposal to the City. 3.1 c. Individual scopes of services will state the number of calendar days for completion. SCC—4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios, similar in nature to scopes of services, are provided to prepare cost estimates and represent hypothetical situations that require pre-chlorination pipe bursting to potable water mains. 4.1 a. The Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No. 079-2821-21 Pre-Chlorinated Pipe Bursting of Potable Water Mains. 4.1 a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1 b-2. Identify the line items utilized to develop the proposal; Bid No.079-2821-20—PRE-CHLORINATED PIPE BURSTING 70 Page 1626 'IF i 06 4.1b-2a. Call out the item verbatim in the proposal within the Boynton- beach.bidsandtenders.net City's e-procurement bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. SCC—5 COST VARIATIONS 5.1 The cost of the following bid items, if applicable can only be determined at such time that a specific scope of work is prepared prior to the issuance of a purchase order: 5.a. Permits required by regulatory agencies; 5.b. NPDES (National Pollutant Discharge Elimination System Permit); 5.c. Trench Safety Act Affidavit form is enclosed for acknowledgement, costs will be determined; 5.d. Performance and Payment Bond for 100% of project cost are required only when the project developed by the City exceeds $ 100,000.00. END OF SUPPLEMENTAL CONDITIONS Bid No.079-2821-20—PRE-CHLORINATED PIPE BURSTING 71 page 162W -6 4 06 PROJECT NAME: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID NUMBER: 079-2821-21 SPECIAL CONDITIONS - TABLE OF CONTENTS SCO 1000 General Requirements SCO1010 Summary of Project SCO 1025 Measurement and Payment SCO 1027 Applications for Payments SCO 1041 Project Coordination SCO 1050 Field Engineering SCO 1065 Permits and Fees SCO 1070 Abbreviations and Symbols SCO 1091 Reference Specifications SC01100 Special Project Procedures SCO1110 Environmental Protection Procedures SCO 1153 Change Order Procedures SCO 1200 Project Meetings SCO1310 Progress Schedules SCO 1340 Shop Drawings, Work Drawings, and Samples SCO 1370 Schedule of Values SCO1380 Construction Photographs SCO 1390 Video and Photographic Site Survey SCO 1400 Quality Requirements SCO 1500 Construction Facilities and Temporary Controls SCO 1505 Mobilization SCO 1525 Construction Aids SCO 1530 Barriers SCO 1540 Security and Safety Procedures for Infrastructure Projects SCO 1541 Security and Safety Procedures for Water Treatment Plant Projects SCO 1568 Temporary Erosion and Sedimentation Control SCO 1570 Maintenance of Traffic SCO 1580 Project Identification and Signs SCO 1600 Material and Equipment SCO 1630 Substitutions and Product Options SCO 1650 Start Up SCO 1700 Contract Closeout SCO 1705 Record Drawings Requirements SCO1710 Cleaning SCO 1720 Project Record Documents SCO 1730 Operating and Maintenance Data SCO 1740 Warranties and Bonds SCO1800 Miscellaneous Work and Clean up END OF SECTION Bid No.079-2821-20—PRE-CHLORINATED PIPE BURSTING 72 Page 1628 of 1 06 0 SECTION 01000-GENERAL REQUIREMENTS PART 1 -GENERAL Execution. The General part of a Specification contains General 1.01 DESCRIPTION Requirements which govern the work. Products and Execution Parts modify A. Scope of Work: The work to be done and supplement the General consists of the furnishing of all labor, Requirements by detailed requirements materials and equipment, and the for the work and shall always govern performance of all work included in this whenever there appears to be a conflict. Contract. The summary of the Work is presented in Section SC01010: B. Intent: Summary of Project. 1. Work not specified in the Specifications, B. Work Included: but involved in carrying out their intent or in the complete and proper execution 1. The Contractor shall furnish all of the work, is required and shall be labor, superintendence, materials, performed by the Contractor as though it plant power, light, heat, fuel, water, were specifically delineated or tools, appliances, equipment, described. supplies,and means of construction necessary for proper performance 2. The silence of the Specifications as to and completion of the work. The any detail, or the omission from them of Contractor shall perform and a detailed description concerning any complete the work in the manner work to be done and materials to be best calculated to promote rapid furnished, shall be regarded as meaning construction consistent with safety that only the best general practice is to of life and property and to the prevail and that only material and satisfaction of the Consultant,and in workmanship of the best quality is to be strict accordance with the Contract used, the interpretation of these Documents. The Contractor shall Specifications shall be made upon that clean up the work and maintain it basis. during and after construction, until accepted,and shall do all work and 1.03 MATERIALS AND EQUIPMENT A. pay all costs incidental thereto. The CONTRACTOR shall repair or Manufacturer: restore all structures and property that may be damaged or disturbed 1. All transactions with the manufacturers during performance of the work. or subcontractors shall be through the Contractor. 2. The cost of incidental work described in these Contract 2. Any two (2) or more pieces of material Requirements,for which there are no or equipment of the same kind, type or specific Contract Items, shall be classification, and being used for considered as part of the general identical types of service, shall be made cost of doing the work and shall be by the same manufacturer. included in the prices for the various Contract Items. No B. Delivery: additional payment will be made aforementioned incidental work. 1. The Contractor shall deliver materials in ample quantities to insure the most 3. The Contractor shall provide and speedy and uninterrupted progress of maintain such modern plant, tools, the work so as to complete the work within and equipment as may be the allotted time. necessary, in the opinion of the Consultant, to perform in a 2. The Contractor shall also coordinate satisfactory and acceptable manner deliveries in order to avoid delay in, or all the work required by this impediment of,the progress of the work of Contract. Only equipment of any related Contractor. established reputation and proven efficiency shall be used. The 1.04 INSPECTION AND TESTING Contractor shall be solely responsible for the adequacy of its A. General: workmanship, materials, and 1. For tests specified to be made by equipment. 1.02 CONTRACT DOCUMENTS A. The Technical Specifications consist of three (3) parts: General, Products and Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1000-73 GENERAL REQUIREMENTS Page 16�29 of 1 06 0 the Contractor, the testing products of the manufacturer. personnel shall make the D. Start up Tests necessary inspections and tests and the reports thereof shall be in 1. As soon as conditions permit, the such form as will facilitate checking Contractor shall furnish all labor, to determine compliance with the materials, and instruments and shall Contract Documents. Five (5) make start-up tests of equipment. copies of the reports shall be submitted and authoritative 2. If the start-up tests disclose any certification thereof must be equipment furnished under this Contract furnished to the Consultant as a which does not comply with the prerequisite for the acceptance of requirements of the Contract any material or equipment. Documents, the Contractor shall, prior to demonstration tests, make all changes, 2. If, in the making of any test of any adjustments and replacements required. material or equipment, it is The furnishing Contractor shall assist in ascertained by the Consultant that the start-up tests as applicable. the material or equipment does not comply with the Contract 1.05 CARE AND PROTECTION OF PROPERTY Documents, the Contractor will be notified thereof and he will be The Contractor shall be responsible for the directed to refrain from delivering preservation of all public and private property, said material or equipment, or to and shall use every precaution necessary to remove it promptly from the site or prevent damage thereto. If any direct or from the work and replace it with indirect damage is done to public or private acceptable material, without cost to property by or on account of any act, the CITY. omission, neglect, or misconduct in the execution of the work on the part of the 3. Tests of electrical and mechanical Contractor, such property shall be restored equipment and appliances shall be by the contractor,at his expense,to a condition conducted in accordance with the similar or equal to that existing before the recognized federal, state and local damage was done, or he shall make good the law test codes and manufacturer damage in other manner acceptable to the recommendation. Consultant. B. Costs: 1.06 MEASUREMENT AND PAYMENT 1. All inspection and testing of materials Payments will be made on completion of furnished under this Contract will be each phase of the Work and acceptance by provided by the Contractor, unless the CITY shall be made pursuant to this otherwise expressly specified. Contract. 2. Materials and equipment submitted by 1.07 WORKING HOURS: the Contractor as the equivalent to those specifically named in the Contract 1. Working on this Contract shall be may be tested by the CITY for conducted during normal working hours compliance. The Contractor shall (7:00 AM to 5:00 PM) on weekdays. reimburse the CITY for the expenditures Unless otherwise authorized in writing incurred in making such tests of by the Project Manager, no work shall materials and equipment which are be performed on weekends, on City rejected for non-compliance. observed holidays or between 5 00 PM and 7:00 AM on weekdays. C. Certificate of Manufacture: 2. Construction observation and/or 1. Contractor shall furnish Consultant inspection services needed beyond authoritative evidence in the form of normal working hours as defined above Certificate of Manufacture that the shall be paid for by the Contractor at an materials to be used in the work have hourly rate of$100.00 for each inspector been manufactured and tested in providing such services. conformity with the Contract Documents upon Project completion. PART 2- PRODUCTS (NOT USED) 2. These certificates shall be notarized and PART 3- EXECUTION(NOT USED) shall include copies of the results of physical tests and chemical analyses, END OF SECTION where necessary, that have been made directly on the product or on similar Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1000-74 GENERAL REQUIREMENTS 06 0 SECTION 01010-SUMMARY OF PROJECT PART 1 -GENERAL DC 20210 or their regional offices. 1.01 WORK COVERED BY CONTRACTB. B. The Contractor shall comply in all respects DOCUMENTS/REQUIREMENTS INCLUDED with the applicable Workman's Compensation Laws. A. The work under this project consists of:The City of Boynton Beach is seeking a qualified contractor(s) PART 2—PRODUCTS to demonstrate specific experience in pre- chlorinated pipe bursting of utility system water 2.1 All materials are to be MADE IN THE UNITED mains.The Scope of Work for Pre-Chlorinated Pipe STATES OF AMERICA. Allowable exceptions are Bursting shall include, but is not limited to: 1) Pipe ductile iron fittings supplied by American Cast Iron bursting at various Utility locations, 2) Connection Pipe Company from Brazil, Sigma Corporation from to existing water services, 3) Maintenance of China, and Star-Pipe Products from the United Traffic, 4) Site restoration, pavement repairs, States and China; and Electronic Marking System resurfacing and striping; and, all labor, materials, (EMS)full-range makers by 3M from Mexico. and equipment necessary to complete the City's project(s). The work shall include furnishing all 2.2 SALVAGED MATERIALS labor, materials, equipment, incidentals and appurtenances to complete the scope of work. In the absence of special provisions to the Contract, salvaged materials, equipment or supplies that Scopes of work will be performed on an "As occur are the property of the CITY and shall be Needed"basis at specific locations identified by the cleaned, stored and delivered to the CITY as City at time of need. directed by the CITY's Project Manager. 1.02 RELATED REQUIREMENTS 2.3 CERTIFIED CHEMICALS A. Section SC01025: Measurement and The Contractor shall use U.S. Department of Payment Agriculture certified chemicals only during performance of all work under this contract. All B. Construction Facilities and Temporary chemicals used during project construction or Controls: Section SCO1500 furnished for project whether herbicide, pesticide, disinfectant, polymer, reactant or other C. Restoration of Surface Improvements:Section classification,must show approval of either EPA or SCO2960 USDA and be accompanied by an MSDS.Use of all such chemicals and disposal of residue shall be in 1.03 CONTRACTS strict conformance with manufacturer's instructions. A. Construct the Work in accordance with PART 3—EXECUTION Section SCO1025: Measurement and Payment Procedures. 3.1 CONTRACTOR SUPERVISION 1.04 CONTRACTOR'S USE OF SITE/PREMISES A. As required by the Contract Documents, the Contractor's Project Representative A. Contractor shall limit their use of the premises (Superintendent) shall be on site at all times for Work and storage,to the areas designated. and actively engaged in controlling and coordinating all on site project activities B. Coordinate use of premise under direction of including direction and oversight of self- CITY and/or Consultant. performed and subcontractor work activities. C. Assume full responsibility for the protection B. The Superintendent/Contractor's Project and safekeeping of Products under this Representative shall have the full authority to Contract,stored on the site. receive instructions to execute the orders or directions of the CITY and Consultant. D. Move any stored Products,under Contractor's control, which interfere with operations of the 3.2 GENERAL CITY,other contractors or the general public. A. The Contractor shall, prior to entering any 1.05 SAFETY AND OSHA COMPLIANCE section, prepare Pre Construction video and digital photographs, in accordance with A. A. The Contractor shall comply in all respects Section 01390 VIDEO SITE SURVEY,of each with all Federal, State and Local safety and property and Right-of-Way (ROW) areas to health regulations. Copies of the Federal determine existing site conditions. Together regulations may be obtained from the U.S. the video and photographs will provide the Department of Labor, Occupation Safety and basis for the condition of restoration required Health Administration (OSHA), Washington, Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1010-75 SUMMARY OF PROJECT Page 6 0 in Section 02960 RESTORATION OF requesting permit coverage for the SURFACE IMPROVEMENTS. management of stormwater discharge from large and small construction B. The Contractor shall notify all property owners activities.) / residents forty-eight (48) hours prior to working in public Rights-of-Way or easements B. The permit coverage for construction activities affecting or adjoining their properties. is to be obtained by submitting DEP form 62- Notification shall be by hand-delivered flyer 621.300 (4) (b) Notice of Intent (NOI)to Use that shall contain the following information: Generic Permit for Stormwater Discharge from Large and Small Construction Activities and 1. Project Name by preparing and implementing a Stormwater Pollution Prevention Plan (SWPPP). After 2. Date of Commencement construction is complete, Notice of Termination (NOT) to discontinue the permit 3. Description of Work coverage is to be submitted by utilizing form 62-621.300(6). 4. Name of Contractor C. For additional information contact NPDES 5. Name of Contractor's Representative Stormwater Section at: 6. Local Phone Number of Contractor's Florida Department of Environmental Representative Protection Tallahassee, FL 32399-2400 The CITY must approve the Contractor's (850)921-9904 notification prior to issuance. Contractor must submit Contractor's Notification to CITY and 3.4 PROTECTION OR REMOVAL OF UTILITY LINES CONSULTANT in writing within one (1)week prior to working in public Right-Of-Ways A. Prior to construction the Contractor shall (ROW) or easements affecting for adjoining locate for physical location, elevation and property owner's property. dimensions and adequately uncover existing utilities, (within the path of its proposed work), C. The Contractor shall,prior to the removal to determine possible conflicts. By starting of any fences, erect temporary fences to underground constructions, the Contractor secure the owner's property. These has agreed that it is fully responsible for any temporary fences shall be of 4' high and all damages and/or delays that may arise woven wire (2" x 4" grid), on the T line from not having adequately locating the post 10'on centers. These fences shall underground utilities. This applies to run along the easement line and will underground utilities that are shown on the remain in place until the permanent fence project construction drawings and those that is re-erected. have been physically marked in the field by the various locating organizations or agencies. D. The Contractor shall not start major construction activities, such as pipeline B. Information provided on the plans may be and structure excavations,or preparation used as an approximate guide to assist the for major activities, such as setting Contractor, however,the Contractor shall rely wellpoints and header pipe, just prior to on actual field investigation to assure that all extended holiday periods such as the of the existing utilities are accurately located typical week taken off at the end of each prior to commencement of its work. year. C. Existing structures reflect the best available 3.3 NPDES COMPLIANCE information, but it shall be the Contractor's responsibility to acquaint itself with all A. Prior to the commencement of work, the information and to avoid conflict with existing Contractor must obtain the permit coverage conditions. Contractor shall protect all existing for stormwater discharge from large and small utility lines that are to be retained,or utility line construction activities and must implement constructed during excavation operations, appropriate pollution prevention techniques from damage during excavation and and SWPPP to minimize erosion and backfilling; if damaged, repair at Contractor's sedimentation to properly manage the expense. stormwater runoff. The Contractor shall prepare a NPDES Site Plan including D. Existing Utility Lines to be Retained: sketches and Best Management Practice Contractor shall repair damaged lines that are procedures for review and comment from the not shown on drawings, or locations of which Project Manager. The NPDES Site Plan shall are not known to Contractor in sufficient time include the control of stormwater, ground to avoid further damage. water and subsurface water during dewatering operations. E. Uncharted or incorrectly charted underground utilities that are discovered during construction (DEP adopted Rule 62-621.300 (4), shall be incorporated into the project As-Builts F.A.C., with specific provisions for with vertical and horizontal coordinates. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1010-76 SUMMARY OF PROJECT Page 1692 of 1 06 lines. F. Prior to commencement of any excavation,the Contractor shall comply with Florida Statute 553.851 for the protection of underground gas lines and underground telecommunication END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1010-77 SUMMARY OF PROJECT 1 as 06 0 SECTION 01025-MEASUREMENT AND PAYMENT PROCEDURES PART 1 GENERAL conflict,the Contractor shall notify the CITY in writing. In determining the resolution, the 1.01 GENERAL CITY shall consider the requirement of the individual specification section, FDOT A. The Contractor shall receive and requirements and this Section. accept the compensation provided in the Bid and the Contract as full B. Any requirements of the Contract Documents, payment for furnishing all materials, i.e., technical specifications or project labor, tools and equipment, for construction drawings for which the method of performing all operations necessary to payment is not explicitly defined are complete the work under the Contract, considered to be incidental costs and should and also in full payment for all loss or be included in other pay items as appropriate. damages arising from the nature of the work,or from any discrepancy between 1.04 RELATED SECTIONS: the actual quantities of work and quantities herein estimated by the A. Applications for Payments: Section SC1027 CONSULTANT, or from the action of the elements or from any unforeseen B. Shop Drawings, Working Drawings, and difficulties which may be encountered Samples—Section SC01340 during the prosecution of the work until the final acceptance by the CITY. C. Schedule of Values: Section SC01370 B. The prices stated in the Bid include all D. Change Order Procedures: Section costs and expenses for taxes, labor, SC01153 equipment, materials, commissions, transportation charges and expenses, E. Field Engineering: Section SCO1050 patent fees and royalties, labor for handling materials during inspection, F. Quality Requirements: Section SCO1400 together with any and all other costs and expenses for performing and G. Record Drawing Requirements — Section completing the work as shown on the SCO1705 Drawings and specified herein. The basis of payment for an item at the unit H. Testing Specific Utility Systems price shown in the proposal shall be in accordance with the description of that 1. Refer to Section 02513 POTABLE item in this Section. WATER AND RECLIAMED WATER DISTRIBUTION SYSTEMS for C. The Contractor's attention is again applicable and specific requirements. called to the fact that the quotations for Contractors is responsible for all testing the various items of work are intended costs associated with these systems. to establish a total price for completing the work in its entirety. Should the 1.05 ALLOWANCES—(N/A) Contractor feel that the cost for any item of work has not been established A. When a Testing Allowance is identified on by the Bid Form or Payment Items, he the Schedule of Bid Items, the following shall include the cost for that work in applies: some other applicable bid item,so that his proposal for the project does reflect 1. Costs in Testing Allowance includes his total price for completing the work in engaging a certified, testing agency; its entirety. execution of tests;and reporting results as approved by the CITY. 1.02 MEASUREMENT 2. Costs not included in the Testing A. The quantities for payment under this Allowance: Contract shall be determined by actual by measurement of the completed items, in a. Costs testing services used place,ready for service and accepted by the Contractor separate from Contract CITY, in accordance with the applicable Document requirements. method of measurement therefore contained herein. b. Testing agency's stand-by time. 1.03 AUTHORITY c. Costs of retesting upon failure of previous tests as determined by the A. Measurement methods delineated in the CITY Construction Manager. FDOT Standard Specifications for Road and 3. Only those items qualified for CITY's Bridge Construction 2000 Edition, or the reimbursement shall be considered. individual specification sections complement the criteria of this section. In the event of Such items may include water quality testing of dewatering activities, Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1025-78 MEASUREMENT AND PAYMENT PROCEDURES 06 0 geotechnical, concrete strength NOTE: There is no column for cylinders, special compaction and "Materials Stored", the CITY does not proctor testing, etc. All predetermined pay for items ordered and/or stored on items shall have written, advance site. As defined later in this Section, approval of the CITY. payment for pay items are paid for once the item is installed,measured in place, completed and accepted. 1.06 SCHEDULE OF VALUES D. Include one(1)set of progress photographs A. Submit Schedule of Values at the Pre- with each Application for Payment. Refer to Construction Meeting. the Contract Documents, specifically Section SCO1380 CONSTRUCTION B. The Schedule of Values shall be a computer PHOTOGRAPHS for specific details and generated original. When the Contractor's requirements. proposed Schedule of Values is accepted by the CITY, it shall become the basis for the E. Application for Final Payment must be Application for Payment. marked FINAL. Contractor must include in C. Contractor shall onlyrevise the accepted the FINAL AFP package, proof of payment p and final settlement with the CITY with Schedule of Values to identify,as separate line regards to any temporary and/or items approved on a Field Order or Change construction water meters used during the Order. The CITY may issue a Field Order course of the project. substituting or modifying Schedule of Value items. F. When existing Right-Of-Way (ROW) 1.07 APPLICATIONS FOR PAYMENT irrigation must be disturbed due to pipeline installation,any existing irrigation lines shall A. Refer to Section SC01027 — be marked on the Contractors drawings prior APPLICATIONS FOR PAYMENT to or at the time of temporary cutting-&- capping. The replacement of existing irrigation in the Public Right-Of-Way as the B. Submit one (1) original Application for result of pipeline installation or swale Payment(AFP)for review,authorization and development is NOT a pay item. processing. Replacement of existing ROW irrigation shall be incidental to the Unit Price of the pipeline. C. Content and Format: Utilize Schedule of Values for listing items in Application for Payment outlining the following: 1.08 MEASUREMENT OF AND PAYMENT FOR WORK 1. Provide a column for each of the following: A. Monthly Payments to the Contractor. The a. Item Number Contractor shall plan its work for construction on the basis of twelve (12) b. Item Description monthly pay periods per year.So long as the work is prosecuted in compliance with the C. Quantity provisions of the Contract, the Contractor will, on or about the last day of the pay d. Unit of measurement period, make an approximate estimate, in writing on a form approved by the CITY of e. Scheduled Value the proportionate value of the work done, items, and locations of the work performed f. Change Orders up to and including the last day of the period then ending. The CONSULTANT will then g. Work Completed: review such estimate and make the necessary recommendations to the 1. Previous Period Contractor for revision. The Contractor shall (Quantity and Value) revise the Application for Payment and 2. This Period resubmit to the CONSULTANT for review (Quantity and Value) and Certification. Redlined Applications for h. To Date(Quantity and Value) Payment will not be accepted by the CITY. If the Contractor and the CONSULTANT do i. Percentage of Completion not agree on the approximate estimate of the proportionate value of the work done for any j. Balance to Finish pay period, the determination of the CONSULTANT shall be binding. The amount of such estimate after deducting ten k.. Retainage percent (10%) and all previous payments, shall be due and payable to the Contractor in accordance with the Florida Prompt Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1025-79 MEASUREMENT AND PAYMENT PROCEDURES 06 0 Payment Act, §218.70 Florida Statutes, as Weights and Measures department within may be amended from time to time. the past year. B. Substantiating Data: When the B. Platform Scales: Of sufficient size and CONSULTANT requires substantiating capacity to accommodate the conveying information, Contractor shall submit data vehicle. justifying quantities and dollar amounts in question. Contractor shall provide three (3) C. Metering Devices: Inspected, tested and copies of data with cover letter for each copy certified by the applicable State of Florida of submittal showing application number and Weights and Measures Department within date,and line item by number and description. the past year. 1.09 MEASUREMENT AND PAYMENT-UNIT PRICES D. Measurement by Weight: Concrete reinforcing steel rolled or formed steel or other metal A. Measurement methods delineated in shapes will be measured by handbook weights. individual specification sections complement Welded assemblies will be measured by criteria of this section. In event of conflict, handbook or scale weight. requirements of individual specification section govern. E. Measurement by Volume: Measured by cubic dimension using mean length,width and height B. Contractor shall take daily and weekly or thickness. measurements and compute quantities. The Contractor shall review and sign these daily F. Measurement by Area: Measured by square and weekly measurements with the CITY dimension using mean length and width or Construction Manager. The CITY radius. Construction Manager shall also sign-off on the weekly measurement sheets indicating the G. Linear Measurement: Measured by linear CITY's Construction Manager progressive dimension,at the item centerline. Minor offsets concurrence with the quantities. The (less than a total of five (5) feet) will not be Contractor shall transmit the signed-off weekly measured for payment. Measurement shall be measurement sheets to the CITY Construction along the horizontal axis at finished grade. Manager. These measurement sheets shall be used to form the basis of the quantities H. Stipulated Sum/Price Measurement: Items claimed on the Application For Payment. measured by weight, volume, area, or linear means or combination, as appropriate, as a C. Unit Quantities completed and accepted item or unit of the Work. 1. Quantities indicated in the Schedule of Bid Items are for bidding and contract I. Payment for Work does not indicate purposes only. Quantities and acceptance. Work items previously paid for measurements supplied or placed in may require additional work effort to bring them the Work and verified by the CITY into compliance with the requirements of the determine payment. specific technical specifications and/or project drawings. 2. If the actual Work requires more or fewer quantities than those quantities 1.11 UNIT OF MEASURE—SCHEDULE OF BID indicated in the bid items, Contractor PRICES shall provide the required quantities at the unit sum/prices contracted. A. Payment for furnishing and installing those items cited in the Schedule of Bid Items and D. Payment Includes: Full compensation for subsequent Schedule of Values is noted herein. required labor, products, tools, equipment, If "remove and replace" is indicated on the facilities, transportation, services and project construction drawings (by either incidentals;erection;application or installation annotation or line weight), then the item of an item of the Work; and overhead and descriptions below include the removal and profit. proper disposal of the existing items but not limited to, those operations necessary for the E. Final payment for Work governed by unit movement of personnel, equipment, supplies prices will be made on the basis of the actual and incidentals to and from the project site, measurements and quantities accepted by the Maintenance of Traffic, for establishment of CITY, multiplied by the unit sum/price for temporary offices, buildings, safety equipment, Work, which is incorporated in or made sanitary and other facilities and compliance with necessary by the Work. permit conditions for permits secured by either the Owner or Contractor. 1.10 Measurement of Quantities: 2. MOT plans shall be required for work within A. Weigh Scales: Inspected, tested and City of Boynton Percent of Original Contract certified by the applicable State of Florida Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1025-80 MEASUREMENT AND PAYMENT PROCEDURES Page 1696 of 1 06 0 Amount Earned Allowable percent of NPDES on the Schedule of Values. Compliance Beach R-O-W. 3. Partial payments for the NPDES 3 The cost of bonds, permits, required insurance compliance shall be made in and any other pre-construction expense accordance with the following necessary for the start of the work shall also be schedule: included in the General Conditions. 4. Refer to Specification Section SCO1570 Maintenance of Traffic. 1.12. Permits Percent of Original Contract Allowable percent of Lump Sum Amount Earned Price For Record Drawings 1. The CITY will provide the 10 10 CONTRACTOR all permits listed on 25 25 the Drawing G-1. Any other permits 50 50 incidental to the work shall be 75 75 provided by the CONTRACTOR. Final Payment 100 This pay item shall include all costs associated with applying for and complying with the permit of permits. 1.15 Indemnification 1.13. Video Documentation 1. Payment under this item is in accordance with the Front-End Documents. 2. Audio Video Documentation shall be performed pre and post construction as Contractor shall submit updated As-Built Drawings through specified in Special Conditions eBuilder (PDF generated from AUTOCAD) with each Pay SCO1390 VIDEO AND Application Request. PHOTOGRAPHIC SITE SURVEY 1.14 NPDES Compliance PART 2 PRODUCTS(NOT USED) 1. Payment for NPDES compliance shall include the preparation of the NPDES PART 3 EXECUTION(NOT USED) Plan, development and compilation of the BMPs, site implementation and documentation of inspections. 2. Contractor shall refer to the Schedule SPECIAL NOTE: of Bid Items for instructions on the method of calculation for this Pay Item. The CITY retains the option to utilize up to 20%of the Any bidder who enters an amount excess material from excavation and trenching greater than the 1.5% limit for this pay operations. If the CITY exercises this option, Contractor item may be disqualified and the CITY shall stockpile the excess material and deliver to the and Consultant may not evaluate their CITY's facility as directed by the CITY's Representative. bid proposal. This cost shall be shown END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1025-81 MEASUREMENT AND PAYMENT PROCEDURES Page 169:7 of 1 J-06 0 SECTION 01027-APPLICATIONS FOR PAYMENTS PART 1 -GENERAL signature of a responsible officer of Contract firm. 1.01 DESCRIPTION B. Continuation Sheets: A. Scope of Work: Submit Applications for Payment to the CONSULTANT in 1. Fill in total list of all scheduled accordance with schedule established by component items of work, with item Conditions of the Contract and Agreement number and scheduled dollar value between CITY and Contractor. for each item. B.Related requirements described elsewhere: 2. Fill in dollar value in each column for each scheduled line item 1. Agreement: when work has been performed. Round off values to 2. Application for Payment Form. nearest dollar, or as specified for Schedule of Values. 3. Progress Schedules: Section SC01310. 3. List each Change Order executed prior to date of submission, 4. Schedule of Values: Section at the end of the continuation sheets. SCO1370 List by Change Order Number, and description, as for an original 5. Construction Photographs: component item of work. Section SC01380. 4. As provided for in the "Application for Payment" form, the 6. Contract Closeout: Section Contractor shall certify, for each SC01700. current pay request,that all previous progress payments received from 7. Project Record Documents: the CITY,under this Contract, have Section SC01720. been applied by the Contractor to discharge in full all obligations of 1.02 FORMAT REQUIRED the Contractor in connection with Work covered by prior Applications A. Submit applications typed on form for Payment, and all materials and acceptable to CITY, Documents equipment incorporated into the (Application for Payment Form),with Work are free and clear of all liens, itemized data typed on 8-1/2 inch x 11 claims, security interest and inch or 8-1/2 inch x 14- inch white paper encumbrances. Contractor shall continuation sheets. attach to each Application for Payment like affidavits by all 1.03 PREPARATION OF APPLICATION subcontractors. FOR EACH PROGRESS PAYMENT 1.04 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. Application Form: A. Contractor shall submit suitable information, 1. Fill in required information, with a cover letter identifying: including that for Change Orders executed prior to date of submittal 1. Project. of application. 2. Application number and date. 3. Detailed list of enclosures. 2. Fill in percent complete for each activity and dollar value to agree with respective percents. 3. Execute certification with Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1027-82 APPLICATIONS FOR PAYMENTS Page 1698 of i 6 0 B. Submit one (1) copy of data and cover to the CITY or CONSULTANT an invoice letter for each copy of application. in accordance with the estimate as approved. CITY will pay Contractor, in C. The Contractor is to maintain an updated accordance with Florida Prompt set of drawings to be used as record Payment Act,§218.70, Florida Statutes, drawings in accordance with Section as may be amended from time to time. SCO1720: Project Record Documents. As a prerequisite for monthly progress C. Each Application For Payment shall be payments,the Contractor is to submit the accompanied by an updated project updated record drawings for review by the schedule (three-week ahead schedule) CITY and the CONSULTANT. along with the Construction/Progress photographs and Project Record D. Each monthly application for payment Drawings in accordance with Section shall incorporate the corresponding SCO1720: PROJECT RECORD "monthly progress status report"prepared DOCUMENTS and SC01380: per the requirements of Section CONSTRUCTION PHOTOGRAPHS or SCO1310: Progress Schedules. as directed by the CITY. Any Application For Payment that is E. Contractor shall submit a duly executed received without these items will be letter from surety consenting to payment returned to the Contractor without review. due and progress to date. D. The Contractor shall prepare a schedule of values by phases of work to show a F. Provide construction photographs in breakdown of the Contract Sum accordance with Section SCO1380: corresponding to the payment request Construction Photographs. breakdown and progress schedule line items. The schedule of values must also 1.05 PROGRESS PAYMENT PROCEDURES show dollar value for each unit of work scheduled. Approved Change Order A. The Contractor will prepare and submit items shall be added as separate line one(1)original monthly invoices for work items. completed during the one-month period. Application For Payment shall be E. Prior to initial payment request, the submitted in the format of the sample form Contractor shall submit the following provided by the CITY. All information documents to the CITY and Consultant must be completed for the pay application for their review and approval: to be accepted. CITY's purchase order number for the project must be placed on 1. List of principle subcontractors and each application. The Application for suppliers. Payment must be submitted at least three (3) days in advance in an electronic 2. Schedule of values. format for review by the CITY and CONSULTANT for approval. Redlined Applications for Payment will not be 3. Shop drawing log. accepted by the CITY. 4. Project schedule. B. If the Application for Payment and support 1.06 PREPARATION OF APPLICATION FOR data are not approved,the Contractor is required to submit new, revised or FINAL PAYMENT missing information according to the CONSULTANT's instructions. A. Fill in Application form as specified for Otherwise, the Contractor shall prepare progress payments. Provide information and submit as required by the General Conditions and Section SCO1700: Contract Closeout. B. Furnish evidence of completed Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1027-83 APPLICATIONS FOR PAYMENTS Page 1699 %5F 1 6 operations insurance in accordance with tools and similar items. the General Conditions. END OF SECTION C. Provide Final Release of Lien and other closeout submittals as required by the General Conditions. 1.07 SUBMITTAL PROCEDURES A. Submit Applications for Payment to the CITY at the time stipulated in the Agreement. Review the percents complete with the CONSULTANT and resolve any conflicts or discrepancies. B. Number of copies for each Final Application for Payment: 1. CITY: One(1)copy. 2. CONSULTANT: One(1)copy C. When the CONSULTANT finds Application properly completed and correct, it will transmit the certificate for payment to the CITY, with copy for the Contractor. PART 2 - PRODUCTS (NOT USED) PART 3-EXECUTION 3.01 Upon receipt by CITY of Contractor's written Notice of Final Completion of its work under this Contract, CITY shall verify all work has been completed on the project. When all work has been verified as complete, and the Contractor submits the items listed below, the Contractor may submit a final Application For Payment: A. Complete work listed as incomplete at the time of Substantial Completion and obtain CONSULTANT certification of completed Work. B. Provide copy of records indicating notification to all subcontractors and material suppliers of Contractor's Performance and Payment Bonds. C. Transfer operational, access,security and similar provisions to CITY; remove temporary facilities, Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1027-84 APPLICATIONS FOR PAYMENTS Page 1648 %5F 1 6 0 SECTION 01041 -PROJECT COORDINATION PART I—GENERAL approvals: 1.01 REQUIREMENTS INCLUDED a. Verify that Contractor and subcontractors have obtained A. The Contractor shall: inspections for Work and for temporary facilities. 1. Coordinate work of its employees and subcontractors. 5. Control the use of Site: 2. Expedite its work to assure a. Allocate space for Contractor's use compliance with schedules. for field offices, sheds, and work and storage areas. 3. Coordinate its work with that of work by CITY. 6. Inspection and Testing: 4. Comply with orders and instructions a. Inspect work to assure performance of CITY. in accord with requirements of Contract Documents. 1.02 RELATED REQUIREMENTS b. Administer special testing and A. Section SC01010: Summary of Project. inspections of suspect Work. B. Section SCO1027: Applications for C. Reject Work, which does not Payment. comply with requirements of Contract Documents. C. Section SCO1200: Project Meetings. d. Coordinate Testing Laboratory D. Section SC01310: Progress Schedules. Services: E. Section SCO1340: Shop Drawings,Work 1. Verify that required laboratory Drawings and Samples. personnel are present. F. Section SC01500:Construction Facilities 2. Verify that tests are made in and Temporary Controls. accordance with specified standards. G. Section SC01700: Contract Closeout. 3. Review test reports for 1.03 CONSTRUCTION ORGANIZATION & compliance with specified START-UP criteria. A. CONSULTANT shall establish on-site 4. Recommend and administer lines of authority and communications: any required re-testing. 1. Schedule and conduct pre- 1.04 CONTRACTOR'S DUTIES construction meeting and progress meetings as specified in Section A. Construction Schedules: SCO1200: PROJECT MEETINGS. 1. Prepare a detailed schedule of 2. Establish procedure for: basic operations. a. Submittals 2. Monitor schedules as work progresses: b. Reports and records a. Identify potential variances between C. Recommendations scheduled and probable completion dates for each phase. d. Coordination of drawings b. Recommend to CITY adjustments e. Schedules in schedule to meet required completion dates. f. Resolution of conflicts C. Document changes in schedule; 3. Interpret Contract Documents: submit to CITY and to involved subcontractors. a. Transmit written interpretations to Contractor, 3. Observe work of each and to other concerned subcontractor to monitor parties. compliance with schedule. 4. Assist in Obtaining permits and a. Verify that labor and equipment Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1041-85 PROJECT COORDINATION Page 1641 of 1 06 0 are adequate for the work and 3. Maintain file of record documents. the schedule. 1.05 CONTRACTOR'S CLOSE-OUT DUTIES b. Verify that product procurement schedules are A. Mechanical and Electrical equipment adequate. start-up: c. Verify that product deliveries 1. Coordinate checkout of utilities, are adequate to maintain operational systems and schedule. equipment. d. Report noncompliance to 2. Organize initial start-up and testing. CITY, with recommendation for changes. 3. Record dates of start of operation of systems and equipment. B. Process Shop Drawings, Product Data and Samples: 4. Submit to CITY written notice of beginning of warranty period for 1. Prior to submittal to CITY,review for equipment put into service. compliance with Contract Documents: B. At completion of Work, conduct an inspection to assure that: a. Field dimensions and clearance dimensions. 1. Specified cleaning has been accomplished. b. Relation to available space. 2. Temporary facilities have been C. Effect of any changes on the removed from site. work of any subcontractor. C. Substantial Completion: A. Review Drawings prepared by Mechanical and Electrical 1. Conduct an inspection to develop a subcontractors: list of Work to be completed or corrected. 1. Prior to submittal to CITY,review for compliance with Contract 2. Assist CITY in inspection. Documents: 3. Supervise correction and B. Prepare Coordination Drawings as completion of work of required to resolve conflicts and to subcontractors. assure coordination of the work of, or affected by, mechanical and electrical 1.06 CITY'S CLOSE-OUT DUTIES trades, or by special equipment requirements. A. Final Completion: 1. Submit to CITY. 1. When Contractor determines that work is finally complete,conduct an 2. Reproduce and distribute copies to inspection to verify completion of concerned parties after CITY Work. review. B. Administration of Contract closeout: C. Maintain reports and records at job site, available to CITY. 1. Receive and review Contractor's final submittals. 1. Daily log of progress of work. 2. Transmit to CITY with 2. Records. recommendations for action. a. Contracts. PART 2—PRODUCTS(NOT USED) b. Purchase orders. PART 3—EXECUTION(NOT USED) C. Materials and equipment END OF SECTION records. d. Applicable handbooks, codes and standards. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1041-86 PROJECT COORDINATION Page 1642 of i 06 0 SECTION 01050-FIELD ENGINEERING PART 1 -GENERAL 1. Make no changes or relocations without prior written notice to the 1.01 DESCRIPTION CITY. A. Scope of Work: Contractor to provide 2. Report to the CITY when any Field Engineering service for the Project. reference point is lost or destroyed, or requires relocation because of 1. Survey work required in execution necessary changes in grades or of Project. locations. 2. The method of field staking for the 3. Require surveyor to replace Project construction of the Work shall be at control points which may be lost or the option of the Contractor. The destroyed at no additional cost to CITY has provided the engineering the CITY. Establish replacement surveys, if available, necessary to based on original survey control. establish reference points which in the CITY's judgment are necessary 1.04 PROJECT SURVEY REQUIREMENTS to enable the Contractor to proceed with its work. A. Establish a minimum of two (2) permanent benchmarks each on site. 3. The accuracy of any method of staking shall be the responsibility of 1. Record locations, with horizontal the Contractor. All engineering for and vertical data,on Project Record vertical and horizontal control shall Documents. be the responsibility of the Contractor. B. Establish lines and levels, locate and lay out, by instrumentation and similar 4. The Contractor shall be held appropriate means. responsible for the preservation of all stakes and marks. If any stakes C. From time to time,verify layouts by same or marks are carelessly or willfully methods. disturbed by the Contractor, the Contractor shall not proceed with 1.05 RECORDS any work until it has established such points, marks, lines and A. Maintain a complete, accurate log of all elevations as may be necessary for control and survey work as it progresses. the prosecution of the Work. B. At the end of the project, submit a 5. The Contractor shall retain the certified site survey at 1-inch equals 20 services of a registered land feet scale on 24 inches by 36 inches surveyor licensed in the State of sheet, and per Section SCO1720 — Florida to identify existing control Project Record Documents. points and maintain a survey during construction. 1.06 SUBMITTALS B. Related Requirements Described A. Submit name and address of surveyor to Elsewhere: the CITY. 1. Summary of Work: Section B. On request of the CITY, submit SC01010. documentation to verify accuracy of Field Engineering work. 2. Project Record Documents:Section SC01720. C. Submit certificate signed by a registered surveyor certifying that elevations are in 1.02 QUALIFICATIONS OF SURVEYOR conformance with the Contract Documents, or if not in conformance, A. Qualified registered land surveyor, certify as to variances from the Contract acceptable to the CITY. Documents. 1.03 SURVEY REFERENCE POINTS PART 2—PRODUCTS (NOT USED) A. Locate and protect control points prior to PART 3—EXECUTION (NOT USED) starting site work, and preserve all permanent reference points during END OF SECTION construction. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1050-87 FIELD ENGINEERING Page 1649 OF 1 J-06 0 SECTION 01065-PERMITS AND FEES PART 1 —GENERAL A. The Contractor shall obtain all permits and licenses related to its work,including but not limited to, the necessary construction permits. Cost of permit fees shall be paid by Contractor. CITY to be invoiced at actual cost without markup. PART 2—PRODUCTS(NOT USED) PART 3—EXECUTION 3.01 NPDES COMPLIANCE A. In addition to other required field permitting, prior to the commencement of work,the Contractor must obtain the permit coverage for stormwater discharge from large and small construction activities and must implement appropriate pollution prevention techniques and SWPPP to minimize erosion and sedimentation to properly manage the stormwater runoff. The Contractor shall prepare a NPDES Site Plan including sketches and Best Management Practice procedures for review and comment from the Project Manager. The NPDES Site Plan shall include the control of stormwater, ground water and subsurface water during dewatering operations. (DEP adopted Rule 62-621.300 (4), F.A.C., with specific provisions for requesting permit coverage for the management of stormwater discharge from large and small construction activities.) B. The permit coverage for construction activities is to be obtained by submitting DEP form 62-621.300 (4) (b) Notice of Intent (NOI) to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities and by preparing and implementing a Stormwater Pollution Prevention Plan(SWPPP).After construction is complete, Notice of Termination (NOT) to discontinue the permit coverage is to be submitted by utilizing form 62-621.300(6). C. For additional information contact NPDES Stormwater Section at: Florida Department of Environmental Protection Tallahassee, FL 32399-2400 (850)921-9904 END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1065-88 PERMITS AND FEES Page 1644 of 1 06 0 SECTION 01070-ABBREVIATIONS AND SYMBOLS PART 1 -GENERAL Al The Asphalt Institute AIA American Institute of 1.01 STANDARDS AND ABBREVIATIONS Architects AIA American Insurance A. Referenced Standards: Any reference to Association published specifications or standards of AIEE American Institute of any organization or association shall Electrical Engineers (Now comply with the requirements of the IEEE) specification or standard which is current AIMA Acoustical and Insulating on the date of Advertisement for Bids. In Materials Association case of a conflict between the referenced AISC American Institute of Steel specifications or standards, the one Construction having the more stringent requirements AISI American Iron and Steel shall govern. Institute AITC American Institute of Timber B. In case of conflict between the Construction referenced specifications or standards AMCA Air Moving and Condition and the Contract Documents, the Association Contract Documents shall govern. ANSI American National Standard Institute C. Abbreviations: APA American Plywood Association AA Aluminum Association API American Petroleum AAA American Arbitration Institute Association APWA American Public Works AABC Associated Air Balance Association Council AREA American Railway AAMA Architectural Aluminum Engineering Association Manufacturers Assoc. ARI American Refrigeration AASHO The American Association Institute of State Highway Officials ASA American Standards ABA American Bar Association Association(Now ANSI) ABMA American Boiler ASAHC American Society of Manufacturers Association Architectural Hardware ABPA Acoustical and Board Consultants Products Association ASCE American Society of Civil ACI American Concrete Institute Engineers ACPA American Concrete Pipe ASHRAE American Society of Heating, Association Refrigerating and Air AEIC Association of Edison Conditioning Engineers Illuminating Companies ASME American Society of AFBMA Anti-Friction Bearing Mechanical Engineers Manufacturers Assoc. ASSCBC American Standard Safety AGA American Gas Association Code for Building AGC Associated General Construction Contractors of America ASSHTO American Association of State AGMA American Gear Highway Transportation Manufacturers Association Officials AHA American Hardboard ASTM American Society for Association Testing and Materials Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1070-89 ABBREVIATIONS AND SYMBOLS 06 AWG American Wire Gauge HSBII Hartford Steam Boiler AWI Architectural Woodwork Inspection and Insurance Institute Co. AWPA American Wood Preservers ID Inside Diameter Association IEEE Institute of Electrical and AWPB American Wood Preservers Electronic Engineers Bureau IFI Industrial Fasteners AWPI American Wood Preserves Institute Institute IPCEA Insulated Power Cable AWS American Welding Society Engineers Association AWWA American IPS Iron Pipe Size Water Works Association LWDD Lake Worth Drainage BHMA Builders Hardware District Manufacturers Association MF Factory Mutual System BIA Brick Institute of America MGD Million Gallons Per Day (formerly SCPI) MHI Materials Handling Institute CDA Copper MIL Military Specification Development Association MMA Monorail Manufacturers CFS Cubic Feet Per Second Association CMAA Crane Manufacturers NBFU National Board of Fire Association of America Underwriters CRSI Concrete Reinforcing Steel NBHA National Builders'Hardware Institute Association CS Commercial Standard NBS National Bureau of DHI Door and Hardware Institute Standards DIPRA Ductile Iron Pipe NCSA National Crushed Stone Association Association DOT Spec-Standard NCSPA National Corrugated Steel Specification for Road and Pipe Association Bridge Construction Florida NEC National Electrical Code Department of NECA National Electrical Transportation, 1982 Contractors'Association E/A Engineer and/or Architect NEMA National Electrical EDA Economic Development Manufacturers'Association Association NFPA National Fire Protection EEI Edison Electric Institute Association EPA Environmental Protection NLA National Lime Association Agency NPC National Plumbing Code FCI Fluid Control Institute NPDES National Pollutant FDER Florida Department of Discharge Elimination Environmental Regulation System FDOT Florida Department of NPT National Pipe Threads Transportation NSC National Safety Council FEC Florida East-Coast Railway NSF National Sanitation Fed Spec Federal Foundation Specification OD Outside Diameter FPL Florida Power and Light OSHA U.S. Department of Labor, FPS Feet Per Second Occupational Safety and FS Federal Standards Health Administration GA Gypsum Association PCA Portland Cement GPM Gallons Per Minute Association HMI Hoist Manufacturers PCI Prestressed Concrete Institute Institute HP Horsepower PS United States Products Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1070-90 ABBREVIATIONS AND SYMBOLS Page 1646 of 1 06 Standards PSI Pounds per Square Inch PSIA Pounds per Square Inch Atmosphere PSIG Pounds Per Square Inch Gauge RPM Revolutions Per Minute SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractors' National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station(100 feet) TAS Technical Aid Series TCA Tile Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories, Inc. USACE United States Army Corps of Engineers USASI United States of American Standards Institute C. Additional abbreviations and symbols are shown on the Drawings. PART 2—PRODUCTS(NOT USED) PART 3—EXECUTION (NOT USED) END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1070-91 ABBREVIATIONS AND SYMBOLS Page 164:7 of 1 06 0 SECTION 01091 -REFERENCE SPECIFICATIONS PART 1 -GENERAL C. In case of conflict between codes, reference standards, drawings, and the 1.01 GENERAL other Contract Documents, the most stringent requirements shall govern. All A. Applicable Publications. Whenever in these conflicts shall be brought to the attention Specifications references are made to of the CITY for clarification and directions published specifications,codes,standards,or prior to ordering or providing any other requirements,it shall be understood that materials or labor. The Contractor shall wherever no date is specified, only the latest bid the most stringent requirements. specifications, standards, or requirements of the respective issuing agencies which have D. Applicable Standard Specifications. The been published as of the date that the Work is Contractor shall construct the Work advertised for bids, shall apply; except to the specified herein in accordance with the extent that such standards or requirements requirements of the Contract Documents may be in conflict with applicable federal,state and the referenced portions of those and local laws, ordinances, or governing referenced codes, standards, and codes. No requirements set forth herein or Specifications listed. shown on the Drawings shall be waived because of any provision of or omission from PART 2-PRODUCTS(NOT USED) such standards or requirements. PART 3-EXECUTION(NOT USED) B. Assignment of Specialists. In certain instances,the Specifications require(or imply) END OF SECTION that specific Work is to be assigned to specialist or expert entities who must be engaged for the performance of the Work. Such assignments shall be recognized as special requirements over which the Contractor has no choice or option. These requirements shall not be interpreted so as to conflict with the enforcement of building codes and similar regulations governing the Work. These requirements are not intended to interfere with local union jurisdiction settlements and similar conventions. Such assignments are intended to establish which party or entity involved in a specific unit of Work is recognized as "expert' for the indicated construction processes or operations. Nevertheless, the final responsibility for fulfillment of the entire set of contract requirements remains with the Contractor. 1.02 REFERENCE SPECIFICATIONS, CODES AND STANDARDS A. Without limiting the generality of other requirements of the Specifications, all Work specified herein shall conform to,or exceed, the requirements of such documents and are not in conflict with the requirements of these Specifications or applicable codes. B. References herein to 'Building Code" shall mean the Florida Building Code, or the approved building code which replaces it. The latest edition of the code as adopted by the CITY as of the date of award as adopted by the Local Public Agency having jurisdiction shall apply to the Work herein, including all addenda, modifications, amendments, or other lawful changes thereto. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1091-92 REFERENCE SPECIFICATIONS 06 0 SECTION 01100-SPECIAL PROJECT PROCEDURES PART 1 -GENERAL A. The Contractor shall keep its haul route and work area(s) neat and clean, and 1.01 PUBLIC NUISANCE shall bear all responsibility for the cleanup of any spill which occurs during A. The Contractor shall not create a public the transport of material to be disposed nuisance including, but not limited to, of. The Contractor shall immediately encroachment on adjacent lands, flooding clean up any such spill or waste. If the of adjacent lands,or excessive noise. Contractor fails to clean up such spill, or waster immediately,the CITY shall have B. Sound levels measured by the City shall not the right to clean up or arrange for its exceed 50 dBA from 7 P.M.to 7 A.M.or 60 clean up and charge to the Contractor all dBA 7 A.M.to 7 P.M. This sound level shall costs, including engineering, be measured at the exterior of the nearest administrative costs and overhead, exterior wall of the nearest residence. incurred by the CITY in connection with Levels at the equipment shall not exceed such cleanup. The CITY may also 85 dBA at anytime. Sound levels in excess charge to the Contractor any cost of these values are sufficient cause to have incurred or penalties imposed on the the work halted until equipment can be CITY as a result of any spill, dump or quieted to these levels. Work stoppage by discard. Under no circumstances is this the City of Owner for excessive noise shall material to be discharged into the not relieve the Contractor of the other waterways or any place other than where portions of this Specification including, but authorized to do so by the appropriate not limited to, completion dates and bid authority. The term"Contractor"as used amounts. in this section shall include the Contractor's Subcontractors and other C. Construct all work to prevent run-off from Contractors. flowing off site. B. The general requirements for vehicles D. No extra charge may be made for time lost hauling such waste materials are as due to work stoppage resulting from the follows: Transport vehicle must be of creation of a public nuisance. type(s) approved for this application by the State of Florida. Vehicles must be E. The Contractor shall notify all property loaded within legal weight limits and owners/residents, forty-eight (48) hours operated safely within all traffic and prior to working in public rights-of-ways or speed regulations. easements affecting or adjoining their properties. Notification shall be hand- C. The routes used by the Contractor for the delivered flyer that shall contain the conveyance of this material on a regular following information: basis shall be subject to approval by the governing authority having jurisdiction 1. Project Name over such routes. To the extent possible, the use of residential streets shall be 2. Date of Commencement prohibited. 3. Description of Work D. Provide protection for plans designated to remain. Replace damaged plants. 4. Name of Contractor E. Provide barriers to prevent unauthorized 5. Name of Contractor's Representative entry to site and to protect existing facilities and adjacent properties from 6. Local phone number of Contractor's damage. Representative. F. Provide flag person(s) and necessary The CITY shall approve the Contractor's traffic control devices when trucks or notification prior to issuance of flyer to the construction equipment is entering or public. Contractor must submit Contractor's leaving the site. Notification to CITY in writing within one(1) week prior to working in public Right-of- PART 2—PRODUCTS (NOT USED) Ways (ROW) or easements affecting or adjoining property owner's property. PART 3—EXECUTION (NOT USED) 1.02 HAULING AND CONSTRUCTION OPERATIONS END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1100-93 SPECIAL PROJECT PROCEDURES Page 1649 of 1 06 0 SECTION 01110-ENVIRONMENTAL PROTECTION PROCEDURES PART 1 GENERAL provisions or of any environmentally objectionable acts and corrective action 1.1 SCOPE OF WORK to be taken. State or local agencies responsible for verification of certain A. The work covered by this Section aspects of the environmental protection consists of furnishing all labor, materials requirements shall notify the Contractor and equipment and performing all work in writing, through the CITY or required for the prevention of CONSULTANT, of any non-compliance environmental pollution in conformance with State or local requirements. The with applicable federal, state and local Contractor shall, after receipt of such laws and regulations, during and as the notice from the CITY or Consultant or result of construction operations under from the regulatory agency through the this Contract. For the purpose of this CITY and/or CONSULTANT, Specification, environmental pollution is immediately take corrective action. Such defined as the presence of chemical, notice, when delivered to the Contractor physical,or biological elements or agents or their authorized representative at the which adversely affect human health or site of the work, shall be deemed welfare; unfavorably alter ecological sufficient for the purpose. If the balances; adversely affect plants or Contractor fails or refuses to comply animals; or degrade the utility of the promptly, the CITY may issue an order environment for aesthetic and/or stopping all or part of the work until recreational purposes. satisfactory corrective action has been taken. No part of the time lost due to any B. The control of environmental pollution such stop orders shall be made the requires consideration of air, water and subject of a claim for extension of time or land,and involves management of noise for excess costs or damages by the and solid waste, as well as other Contractor unless it is later determined pollutants. that the Contractor was in compliance. C. The Contractor shall schedule and 1.04 IMPLEMENTATION conduct all work in a manner that will minimize the erosion of soils in the area A. Prior to commencement of the Work,the of the work. Provide erosion control CONTRACTOR shall meet with the CITY measures required to prevent silting, to develop mutual understandings muddying, or pollution of wetlands, relative to compliance with this provision streams, rivers, impoundments, lakes, and administration of the environmental stormwater ponds, etc. All erosion pollution control program. control measures shall be in place in an area prior to any construction activity in B. The Contractor shall remove temporary that area and shall be maintained environmental control features, when throughout construction. Specific approved by the CITY or CONSULTANT, requirements for erosion and and incorporate permanent control sedimentation controls are specified in features into the project at the earliest Section 02270. The Contractor will be practicable time. required to meet all the conditions specified in the permits and in the PART 2-PRODUCTS(NOT USED) Specifications. PART 3-EXECUTION D. All specific conditions attached to existing permits for this site shall be 3.1 EROSION CONTROL included in the sedimentation and erosion control measures. A. The Contractor shall provide positive means of erosion control such as shallow 1.2 APPLICABLE REGULATIONS run on and run off ditches around construction to carry off surface water. A. The Contractor shall comply with all Erosion control measures, such as applicable Federal, State and local laws siltation basins, hay check dams, and regulations and applicable permits mulching, jute netting and other and their specific conditions concerning equivalent techniques, shall be used as environmental pollution control and appropriate. Flow of surface water into abatement. excavated areas shall be prevented. Ditches around construction area shall 1.3 NOTIFICATIONS also be used to carry away water resulting from dewatering of excavated A. The CITY and/or CONSULTANT will areas. If dewatering is necessary and notify the Contractor in writing of any exceeds SFWMD thresholds, a non-compliance with the foregoing dewatering plan must be prepared by a Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1110-94 ENVIRONMENTAL PROTECTION PROCEDURES Page 1658 of 1 06 0 certified Registered Professional destroy trees or shrubs, nor remove or Engineer in the State of Florida and cut them without prior approval from the submitted to the CITY; then submitted CITY. No ropes,cables,or guys shall be and approved by the South Florida Water fastened to or attached to any existing Management District prior to the nearby trees for anchorage unless commencement of work requiring specifically authorized by the CITY. dewatering. Contractor must comply with Where such special emergency use is permits. However, no water from permitted, first wrap the trunk with a dewatering activities may be discharged sufficient thickness of burlap or rags over offsite. At the completion of the Work, which softwood cleats shall be tied ditches shall be backfilled and the ground before any rope,cable,or wire is placed. surface restored to original condition. The Contractor shall in any event be responsible for any damage resulting 3.2 PROTECTION OF STREAMS AND CANALS from such use. A. Care shall be taken by Contractor to C. Where trees may possibly be defaced, prevent, or reduce to a minimum, any bruised, injured, or otherwise damaged damage to any ditch or the stormwater by the Contractor's equipment, dumping outfall canal, from pollution by debris, or other operations,protect such trees by sediment or other material, or from the placing barricades around them. manipulation of equipment and/or Monuments and markers shall be materials in or near such ditches. Water protected similarly before beginning that has been used for washing or operations near them. processing, or that contains oils or sediments that will reduce the quality of D. Any trees or other landscape feature the water in the ditch,shall not be directly scarred or damaged by the Contractor's returned to the ditch. Such waters will be equipment or operations shall be diverted through a settling basin or filter restored as nearly as possible to its approved by the CITY or CONSULTANT original condition. and meet required standards before being directed into the ditches and other All trimming or pruning shall be water bodies. performed in an approved manner by experienced workmen with saws or B. The Contractor shall not discharge water pruning shears. Tree trimming with axes from dewatering operations directly into will not be permitted. any live or intermittent stream, channel, wetlands, surface water or any storm Climbing ropes shall be used where sewer. Water from dewatering necessary for safety. Trees that are to operations shall be treated by filtration, remain, either within or outside settling basins, or other approved established clearing limits, that are method to reduce the amount of subsequently damaged by the sediment contained in the water to Contractor and are beyond saving as allowable levels. determined by the CITY and/or CONSULTANT shall be immediately C. All preventative measures shall be taken removed and replaced. by Contractor to avoid spillage of petroleum products and other pollutants. E. The locations of the Contractor's storage, In the event of any spillage, prompt and other construction structures remedial action shall be taken in required temporarily in the performance accordance with a contingency action of the Work, shall be cleared as shown plan approved by the Florida Department on the Drawings. Drawings showing of Environmental Protection. Contractor storage facilities shall be submitted for shall submit two (2) copies of approved approval of the CITY. contingency plans to the CITY . F. If the Contractor proposes to construct 3.3 PROTECTION OF LAND RESOURCES temporary roads or embankments and excavations for work areas, it shall A. Land resources within the project submit the following for approval at least boundaries and outside the limits of thirty(30)days prior to scheduled start of permanent work shall be restored to a such temporary work. condition, after completion of construction that will appear to be natural 1. A layout of all temporary roads, and not detract from the appearance of excavations and embankments to the project. Contractor shall confine all be constructed within the work area. construction activities to areas shown on the Drawings. 2. Details of temporary road construction. B. Outside of areas requiring earthwork for the construction of the new facilities,the 3. Drawings and cross sections of Contractor shall not deface, injure, or proposed embankments and their Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1110-95 ENVIRONMENTAL PROTECTION PROCEDURES Page 1651 of 1 06 foundations, including a description of proposed materials. G. The Contractor shall remove all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess of waste materials, or any other vestiges of construction as directed by the CITY. The disturbed areas shall be prepared and seeded as described in Section 02924 SEED, MULCH and FERTILIZER, or as approved by the CITY. H. All debris and excess material will be disposed of in approved areas as noted on the Drawings. 3.4 PROTECTION OF AIR QUALITY A. Burning. No open fires or burning will be permitted. If need dictates burning of any kind, Contractor must obtain prior approval of CITY and obtain appropriate permits from the state and local government agencies. B. Dust Control. The Contractor will be required to maintain all excavations, embankment, stockpiles, access roads, waste areas, borrow areas, and all other work areas within or without the project boundaries free from dust which could cause the standards for air pollution to be exceeded, and which would cause a hazard or nuisance to others. C. An approved method of stabilization consisting of sprinkling or other similar methods will be required to control dust. The use of petroleum products is prohibited. D. Sprinkling, to be approved, must be repeated at such intervals as to keep all parts of the disturbed area at least damp at all times, and the Contractor must have sufficient competent equipment on the job to accomplish this if sprinkling is used. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard occurs, as determined by the CITY and/or CONSULTANT. 3.5 MAINTENANCE OF POLLUTION CONTROL FACILITIES DURING CONSTRUCTION A. During the life of this Contract, the Contractor shall maintain all facilities constructed for pollution control as long as the operations creating the particular pollutant are being carried out or until the material concerned has become stabilized to the extent that pollution is no longer being created. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1110-96 ENVIRONMENTAL PROTECTION PROCEDURES Page 1652 of 1 06 0 SECTION 01153-CHANGE ORDER PROCEDURES PART 1 —GENERAL E. Section SCO1027: Applications for Payments. 1.01 SCOPE: F. Section SCO1310: Progress A. The CITY, without invalidating the Schedules. Contract, may make adjustments to bid item quantities by adding to or deducting G. Section SCO1370: Schedule of from the quantities on the Schedule of Bid Values. Items, as the Work progresses. These adjustments shall be in accordance with H. Section SCO1630: Substitutions and the unit or line item price set forth on the Schedule of Bid Items and are tracked as Product Options. Work progresses, and approved on the monthly Application for Payment form. I. Section SCO1700: Contract Closeout. 1.02 REQUIREMENTS INCLUDED 1.04 DEFINITIONS A. Promptly implement Change Order procedures. A. Change Order: See General Conditions. 1. Provide full written data required to evaluate change. B. Construction Change Authorization: A written order to the Contractor,signed by 2. Maintain detailed records of work CITY, which amends the Contract done on a time and material/force Documents as described, and authorizes account basis. Contractor to proceed with a change that affects the Contract Sum or the Contract 3. Provide full documentation to Time, for inclusion in a subsequent CITY on request. Change Order. C. Field Order: A written order,instructions, B. Designate in writing the member of or interpretations,signed by CITY making Contractor's organization. minor changes in the Work not involving a change in Contract Sum or Contract 1. Who is authorized to accept Time. changes in the Work. 1.05 PRELIMINARY PROCEDURES 2. Who is responsible for informing others in the Contractor's A. CITY may initiate changes by employ the authorization of changes submitting a Proposal Request to in the Work. Contractor. Request will include: C. CITY will designate in writing the person who is authorized to execute Change 1. Detailed description of the Orders. change, products, and location of the change in the Project. 1.03 RELATED REQUIREMENTS 2. Supplementary or revised A. Bid Form. Drawings and Specifications. B. Agreement. 3. The projected time span for making the change, and a specific C. General Conditions. statement as to whether overtime work is,or is not,authorized. D. Supplementary Conditions. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1153-97 CHANGE ORDER PROCEDURES Page 6 0 4. A specific period of time during 1.07 DOCUMENTATION OF PROPOSALS AND which the requested price will be CLAIMS considered valid. A. Support each quotation for a lump-sum 5. Such request is for information only, proposal, and for each unit price which and is not an instruction to execute has not previously been established,with the changes, nor to stop work in sufficient substantiating data to allow progress. CITY to evaluate the quotation. B. Contractor may initiate changes by B. On request provide additional data to submitting a written notice to City support time and cost containing: computations: 1. Description of the proposed 1. Labor required. changes. 2. Equipment required. 2. Statement of the reason for making the changes. 3. Products required. 3. Statement of the effect on the a. Recommended sources of Contract Sum and the Contract purchase and unit cost. Time. b. Quantities required. 4. Statement of the effect on the Work of separate contractors. 4. Taxes, insurance,and bonds. 5. Documentation supporting any 5. Credit for work deleted from change in Contract Sum or Contract Contract, similarly documented. Time,as appropriate. 1.06 CONSTRUCTION-CHANGE 6. Overhead and profit. AUTHORIZATION 7. Justification for any change in Contract Time. A. In lieu of Proposal Request, CITY may issue a construction change C. Support each claim for additional costs, authorization for Contractor to proceed and for work done on a time- and- with a change for subsequent inclusion material/force account basis, with in a Change Order. documentation as required for a lump- B. Authorization will describe changes in sum proposal, plus additional information: the Work, both additions and deletions, with attachments of revised Contract Documents to define details of the 1. Name of CITY's authorized agent change, and will designate the method of who ordered the work, and the date determining any change in the Contract of the order. Sum and any change in Contract Time. 2. Dates and times work was C. CITY will sign and date the Construction performed,and by whom. Change Authorization as authorization for the Contractor to proceed with the 3. Time record, summary of hours changes. worked,and hourly rates paid. D. Contractor shall sign and date the 4. Receipts and invoices for: Construction Change Authorization to indicate agreement with the terms a. Equipment used, listing therein. dates and times of use. b. Products used, listing of quantities. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1153-98 CHANGE ORDER PROCEDURES Page 1654 OF i 6 3. Survey of completed work. C. Subcontractors. B. The amounts of the unit prices to be: D. Document requests for substitutions for products as specified in Section 1. Those stated in the Agreement. SC01630. 2. Those mutually agreed upon 1.08 PREPARATION OF CHANGE ORDERS between CITY and Contractor. A. CITY will initiate each Change Order. C. When quantities of each of the items affected by the Change Order can be B. Change Order will describe changes determined prior to start of the work: in the Work, both additions and deletions, with attachments of revised Contract 1. CITY will sign and date the Documents to define details of the Change Order as authorization for change. Contractor to proceed with the changes. C. Change Order will provide an accounting of the adjustment in the Contract Sum and 2. Contractor shall sign and date the in the Contract Time. Change Order to indicate agreement with the terms herein. 1.09 LUMP-SUM/FIXED PRICE CHANGE ORDER D. When quantities of the items cannot be determined prior to start of the work: A. Content of Change Orders will be based on,either: 1. CITY will issue a construction change authorization-directing 1. CITY's Proposal Request and Contractor to proceed with the Contractor's Responsive Proposal change on the basis of unit prices. as mutually agreed between CITY and Contractor;or 2. At completion of the change,CITY will determine the cost of such work 2. Contractor's Proposal for a based on the unit prices and change, as recommended by the quantities used. CONSULTANT. a. Contractor shall submit B. CITY will sign and date the Change Order documentation to establish the as authorization for the Contractor to number of units of each item proceed with the changes. and any claims for change in Contract Time. C. Contractor shall sign and date the Change Order to indicate agreement with the 3. CITY will sign and date the Change terms therein. Order to establish the change in Contract Sum and in Contract Time. 1.10 UNIT PRICE CHANGE ORDER 4. CITY and Contractor will sign and A. Content of Change Orders will be based date the Change Order to indicate their agreement with the terms on,either: therein. 1. CITY's definition of the scope of the required changes;or 2. Contractor's Proposal for a change, as recommended by CITY; or Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1153-99 CHANGE ORDER PROCEDURES Page 1655 'IF i 6 0 1.11 TIME AND MATERIAL/FORCE ACCOUNT 1.12 CORRELATION WITH CHANGE ORDER/ CONSTRUCTION CONTRACTOR'S SUBMITTALS CHANGE AUTHORIZATION A. Contractor shall periodically revise A. CITY will issue a Construction Change Schedule of Values and Request for Authorization directing Contractor to Payment forms to record each change as proceed with the changes. a separate item of work,and to record the adjusted Contract Sum. B. At completion of the change, Contractor shall submit itemized accounting and B. Contractor shall periodically revise the supporting data as provided in the Article Construction Schedule to reflect each "Documentation of Proposals and Claims" change in Contract Time. of this Section. 1. Contractor shall revise sub- C. CITY will determine the allowable cost of schedules to show changes for other such work, as provided in General items of work affected by the Conditions and Supplementary changes. Conditions. D. CITY will sign and date the Change Order C. Upon completion of work under a Change to establish the change in Contract Sum Order, Contractor shall enter pertinent and in Contract Time. changes in Record Documents. E. CITY will sign and date the Change Order PART 2—PRODUCTS (NOT USED)PART to indicate their agreement therewith. 3—EXECUTION (NOT USED) END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1153-100 CHANGE ORDER PROCEDURES Page 165 6 0 SECTION 01200-PROJECT MEETINGS PART 1 -GENERAL 3. Resident project representative. 1.01 DESCRIPTION 4. Contractor and its superintendent. A. Scope of Work: 5. Major subcontractors. 1. The City shall schedule and administer pre-construction meeting, 6. Representatives of major suppliers monthly progress meetings, and and manufacturers as appropriate. specifically called meetings throughout the progress of the Work. 7. Governmental and Utilities The Consultant shall: representatives as appropriate. a. Prepare agenda for meetings. 8. Others as requested by the Contractor,CITY and Consultant. b. Make physical arrangements for meetings. D. The purpose of the pre-construction meeting is to designate responsible C. Preside at meetings. personnel and establish a working relationship. Matters requiring 2. Representatives of Contractor, coordination will be discussed and subcontractors and suppliers procedures for handling such matters attending meetings shall be qualified established. The suggested agenda and authorized to act on behalf of the should include: entity each represents. 1. Distribution and discussion of: 3. The Contractor shall attend meetings to ascertain that work is expedited a. List of major subcontractors and consistent with Contract Documents suppliers. and construction schedules. The Consultant shall record the pre- b. Projected schedules. construction meeting and each progress meeting in its entirety, and C. Schedule of Values shall provide the Consultant with a voice recording, having good quality d. NPDES plan and clarity, and a typed transcript of the minutes of each meeting. A copy 2. Critical work sequencing: of the minutes of each progress Relationships and coordination with meeting shall be available five (5) other contracts and/or work. business days after the meeting. 3. Major equipment deliveries and B. Related Requirements Described priorities. Elsewhere: 4. Project coordination: Designation 1. Progress Schedules: Section and responsible personnel. SC01310. 2. Shop Drawings, Working Drawings, 5. Procedures and processing of: and Samples: Section SC01340. 3. Security and Safety Procedures for a. Field decisions. Infrastructure Projects: Section SCO1540 b. Proposal requests. 4. Project Record Documents: Section SC01720. C. Request for Information. 1.02 PRE-CONSTRUCTION MEETING d. Submittals. A. The City shall schedule a preconstruction e. Change Orders. meeting no later than ten (10) days after date of issuance of Award letter. f. Applications for Payment. B. Location: A local site, convenient for all 6. Submittal of Shop Drawings, project parties,designated bythe City. data and samples. C. Attendance: 7. Adequacy of distribution of Contract Documents. 1. CITY's representative. 8. Procedures for maintaining Record 2. Consultant and Consultant's Documents. professional consultants. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1200-101 PROJECT MEETINGS Page 165:7 of 1 06 0 9. Use of premises: B. Hold called meetings as required by progress of the Work. a. Office,work and storage areas. C. Location of the meetings: Site selected by b. CITY's requirements. Consultant. c. Access and traffic control. D. Attendance: 10. Construction facilities, controls and 1. Consultant and its representatives as construction aids. needed. 11. Temporary utilities. 2. Contractor. 12. Safety and first aid procedures. 3. CITY's representatives. 13. Check of required Bond and 4. Subcontractors(active on the site). Insurance certifications. 5. Others as appropriate to the agenda 14. Completion time for Contract and (suppliers, manufacturers, other liquidated damages. subcontractors,etc.). 15. Request for extension of Contract E. The City shall preside at the meetings and Time. provide for keeping minutes and distribution of the minutes to the CITY, 16. Weekly job meeting for all involved. Consultant and others. The purpose of the meetings will be to review the progress of 17. Security procedures. the Work. The agenda will include but not be limited to the following: 18. Procedures for making partial payments. 1. Review approval of minutes of previous meeting. 19. Guarantees on completed work. 2. Review of work progress since 20. Equipment to be used. previous meeting and work scheduled (3-week look ahead 21. Staking of work. schedule). 22. Project inspection. 3. Field observations, problems, and conflicts. 23. Labor requirements. 4. Problems which impede construction 24. Laboratory testing of material Schedule. requirements. 5. Review of off-site fabrication,delivery 25. Provisions for material stored on schedules. site. 6. Corrective measures and procedures 26. Requirements of other organizations. to regain projected schedule. 27. Rights-of-way and easements. 7. Status of approved construction schedule. 28. Housekeeping procedures. 8. Progress schedule during 29. Liquidated damages. succeeding work period. 30. Posting of signs. 9. Coordination of schedules. 31. Pay request submittal dates. 10. Review status of submittals,expedite as required. 32. Equal opportunity requirements. 11. Maintenance of quality standards. 1.03 PROGRESS MEETINGS 12. Pending changes and substitutions. A. The City shall schedule and conduct regular periodic meetings. The progress 13. Shop Drawing problems. meetings will be held every thirty(30)days and at other times as required by the 14. Review proposed changes for: progress of the Work. The first meeting shall be held within thirty (30) days after a. Effect on construction schedule the preconstruction meeting or thirty (30) and on completion date. days or less after the date of Notice to Proceed. b. Effect on other contracts of the Project. Bid No.079-2821-21-PRE-CHLORINATED PIPE BURSTING SCO1200-102 PROJECT MEETINGS Page 1658 of 1 06 15. Construction schedule. 16. Critical/long lead items. 17. Other business. F. The Contractor is to attend monthly progress meetings and is to study previous meeting minutes and current agenda items, and be prepared to discuss pertinent topics and provide specific information including but not limited to: 1. Status of all submittals and what specifically is being done to expedite them. 2. Status of all activities behind schedule and what specifically will be done to regain the schedule. 3. Status of all material deliveries,latest contact with equipment manufacturer and specific actions taken to expedite materials. 4. Status of open deficiencies and what is being done to correct the same. G. The Contractor is to provide a current submittal log at each progress meeting in accordance with Section SCO1340: Shop Drawings, Working Drawings and Samples. 1.04 SPECIAL MEETINGS A. The Contractor may be required to attend certain City Hall meetings to inform the public before commencement or during progress of the project to discuss specific issues. PART 2-PRODUCTS(NOT USED) PART 3-EXECUTION(NOT USED) END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1200-103 PROJECT MEETINGS 06 0 SECTION 01310-PROGRESS SCHEDULES PART 1 -GENERAL the Contract and shall verify that either Contractor's organization has in-house 1.01 DESCRIPTION capability to use the CPM technique or that Contractor will employ a CPM A. Scope of Work: consultant who is so qualified. 1. Prior to Pre-Construction Meeting, B. In-house capability shall be verified by Contractor shall prepare and submit description of construction projects to to the CITY initial construction which Contractor or Contractor's schedule(s) demonstrating consultant has successfully applied complete fulfillment of all Contract computerized CPM and shall include at requirements utilizing a Critical Path least two(2)projects valued at least half Method (hereinafter referred to as the expected value of this Project. CPM)in planning,coordinating and performing the Work under this 1.03 FORM OF SCHEDULES Contract (including all activities of subcontractors, equipment vendors A. Maximum Sheet Size: 24 inches by 36 and suppliers). The principles and inches. definition CPM terms used herein shall be as set forth in the 1.04 CONTENT OF SCHEDULES Associated General Contractors of America (AGC) publication, The A. Construction Progress Schedule: Use of CPM in Construction, A Manual for General Contractors and 1. Show the complete sequence of the Construction Industry, latest construction by activity. edition, but the provisions of this Specification shall govern the 2. Show the dates for the beginning of, planning, coordinating and and completion of, each major performance of the Work. Assumed element of construction in no more notice to proceed date for this than a two (2) week increment schedule shall be ninety (90) days scale. Specifically list, but not limit from bid opening date. to: 2. After issuance of Notice To a. Obtaining all Proceed, Contractor shall submit permits/construction revised progress schedules on a bi- easements(if needed) weekly basis. No partial payments b. Shop Drawing shall be approved until there is an submitted/review time approved construction progress C. Site clearing/filling schedule on hand. d. Site utilities e. Pipeline installation B. Related Requirements Described f. Roadway installation Elsewhere: g. Subcontractor work h. Equipment installations 1. Summary of Project: Section i. Finishings SC01010 j. Instrumentation k. Painting 2. Applications for Payment: Section I. Operator training SCO1027 m. Testing n. Start-up 3. Change Order Procedures: Section o. Receipt of spare parts SC01153 3. Show projected percentage of 4. Project Meetings: Section completion for each item, as of the SCO1200 first day of each month. 5. Shop Drawings,Working Drawings, 4. Show projected dollar cash flow and Samples: Section SCO1340 requirements for each month of construction and for each activity as 6. Schedule of Values: Section indicated by the approved Schedule SCO1370 of Values. 1.02 QUALIFICATIONS B. Submittals schedule for Shop Drawings and Samples shall be in accordance with A. A statement of computerized CPM Section SCO1340: Shop Drawings, capability shall be submitted by Product Data and Samples. Indicate on Contractor in writing prior to the award of the Schedule the following: Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1310-104 PROGRESS SCHEDULES Page 1668 of 1 06 0 1. The dates for Contractor's a. Sort by early start submittals. b. Sort by float 2. The dates submittals will be required for CITY-furnished C. Sort by products, if applicable. predecessor/successor 3. The dates approved submittals will 3. Narrative description of the logic be required from the CITY. and reasoning of the schedule. C. A typewritten list of all long lead items B. Within ten (10) working days after the (equipment,materials,etc.). conclusion of the CITY's review of initial schedule, Contractor shall revise the D. To the extent that the progress schedule network diagram as required and or any revised progress schedule shows resubmit the network diagram and a anything not jointly agreed upon or fails tabulated schedule produced therefrom. to show anything jointly agree upon, it The revised network diagram and shall not be deemed to have been tabulated schedule shall be reviewed and approved by the CITY. Failure to include accepted or rejected by the CITY within any element of work required for the fifteen (15) working days after receipt. performance of this Contract shall not The network diagram and tabulated excuse the Contractor from completing schedule when accepted by the CITY all work required within any applicable shall constitute the Project work schedule Completion Date, notwithstanding the unless a revised schedule is required due CITY's approval of the progress to substantial changes in the work scope, schedule. a change in Contract Time or a recovery schedule is required and requested. 1.05 PROGRESS REVISIONS C. Acceptance. The finalized schedule will A. Indicate progress of each activity to date be acceptable to the CITY, when in the of submission. opinion of the CITY it demonstrates an orderly progression of the Work to B. Show changes occurring since previous completion in accordance with the submission of schedule: Contract requirements. Such acceptance will neither impose on the 1. Major changes in scope. CITY responsibility for the progress or 2. Activities modified since previous scheduling of the Work nor relieve submission. Contractor from full responsibility therefore. The finalized schedule of 3. Revised projections of progress and Shop Drawing submittals will be completion. acceptable to the CITY, when in the opinion of the CITY, it demonstrates a 4. Other identifiable changes. workable arrangement for processing the submittals in accordance with the C. Provide a narrative report as needed to requirements. The finalized Schedule of define: Values (lump sum price breakdown), as applicable,will be acceptable to the CITY 1. Problem areas, anticipated delays, as to form and content, when in the and the impact on the schedule. opinion of the CITY, it demonstrates a substantial basis for equitably distributing 2. Corrective action recommended, the Contract Sum. When the network and its effect. diagram and tabulated schedule have been accepted, The Contractor shall 3. The effect of changes on schedules submit to the CITY five (5)copies of the of other prime contractors. time-scaled network diagram, five (5) copies of a computerized tabulated D. If the Work falls behind the critical path schedule in which the activities have schedule by two (2)weeks or more, the been sequenced by numbers, five (5) Contractor must prepare a recovery copies of a computerized tabulated schedule. schedule in which the activities have been sequenced by early starting date, 1.06 SUBMISSIONS and five (5) copies of a computerized, tabulated schedule in which activities A. Submittal Requirements. have been sequenced by total float, and five (5) copies sorted by 1. Logic network and/or time phased predecessor/successor. bar chart,computer generated. D. Revised Work Schedules. Contractor, if 2. Computerized network analysis: requested by the CITY, shall provide a Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1310-105 PROGRESS SCHEDULES Page 1661 of 1 06 0 revised work schedule if,at anytime,the 1. A logical succession of work from CITY considers the completion Date to start to finish. be in jeopardy because of "activities behind schedule." The revised work 2. Definition of each activity. schedule shall include a new diagram and tabulated schedule conforming to the 3. A logical flow of work requirements of Paragraph 1.09, herein, crews/equipment (crews are to be designed to show how Contractor intends defined by manpower category and to accomplish the work to meet the man-hours; equipment by type and completion date. The form and method hours). employed by Contractor shall be the same as for the original work schedule. 4. Show all work activities and No payment will be made if activities fall interfaces including submittals as more than two (2) weeks behind well as major material and schedule and a revised work schedule is equipment deliveries. not furnished. C. Networks. E. Schedule Revisions. The CITY may require Contractor to modify any portions 1. The CPM network,or diagram,shall of the work schedule that become be in the form of a time-scaled infeasible because of "activities behind diagram of the customary activity- schedule" or for any other valid reason. on-type and may be divided in to a An activity that cannot be completed by number of separate pages with its original latest completion date shall be suitable notation relating the deemed to be behind schedule. No interface points among the pages. change may be made to the sequence, Individual pages shall not exceed duration or relationships of any activity 36 inches by 60 inches. Notation on without approval of the CITY. each activity line shall include a brief work description and a 1.07 DISTRIBUTION duration,as described in Paragraph 1.09D., herein. A. Contractor shall distribute copies of the reviewed schedules to: 2. All construction activities and procurement shall be indicted in a 1. CITY(two copies) time-scaled format, and a calendar shall be shown on all sheets along 2. Jobsite file the entire sheet length. Each activity arrow shall be plotted so the 3. Subcontractors beginning and completion dates of such activity can be determined 4. Other concerned parties graphically by comparison with the calendar scale. All activities shall B. Instruct recipients to report promptly to be shown using the symbols that the Contractor, in writing, any problems clearly distinguish between critical anticipated by the projections shown in path activities, non-critical path the schedules. activities and float for each non- critical activity. All non-critical path 1.08 CHANGE ORDERS activities shall show estimated performances time and float time in A. Upon approval of a Change Order, the scaled form. approved changes shall be reflected in the next scheduled revision or update D. The duration indicated for each activity submittal by Contractor. shall be in calendar days and shall represent the single best time 1.09 CPM STANDARDS considering the scope of the Work and resources planned for the activity A. CPM, as required by this Section, shall including time for inclement weather. be interpreted to be generally as outlined Except for certain non-labor activities, in the Associated General Contractor's such as curing concrete or delivering (AGC) publication, The Use of CPM in materials, activity durations shall not Construction, A Manual for General exceed fourteen (14) days nor be less Contractors and the Construction than one (1) day unless otherwise Industry,Copyright 1976. accepted by the CONSULTANT. B. Work schedules shall include a graphic E. Tabulated Schedules. The initial network and computerized, tabulated schedule shall include the following schedules as described below. To be minimum data for each activity. acceptable the schedule must demonstrate the following: 1. Activity Beginning and Ending Numbers, single activity numbers Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1310-106 PROGRESS SCHEDULES Page 1662 of 1 06 0 may be used. 2. Duration. PART 2—PRODUCTS (NOT USED) 3. Activity Description. PART 3—EXECUTION (NOT USED) 4. Early Start Date(Calendar Dated). END OF SECTION 5. Early Finish Date(Calendar Dated). 6. Identified Critical Path. 7. Total Float (Note: No activity may show more than 20 days float). 8. Cost of Activity. 9. Equipment Hours by type, man power/hours by crew or trade. F. Project Information. Each tabulation shall be prefaced with the following summary data. 1. Project Name. 2. Contractor. 3. Type of Tabulation (Initial or Updated). 4. Project Duration. 5. Project Scheduled Completion Date. 6. Effective or Starting Date of the Schedule. 7. New Projects Completion Date and Project Status, if an updated or revised schedule. 8. Actual Start Date and Finish Date for all update schedules. 1.10 SCHEDULE MONITORING A. At not less than monthly intervals or when specifically requested by CITY, Contractor shall submit to the CITY a computer printout of an updated schedule for those activities that remain to be completed. B. The updated schedule shall be submitted in the form, sequence, and number of copies requested for the initial schedule. 1.11 PROGRESS MEETINGS For the monthly progress meeting, Contractor shall submit a revised CPM schedule and a 3- week look-ahead schedule, showing all activities in progress, uncompleted or scheduled to be worked during the weeks. The 3 weeks include the current week plus the next 2 weeks. All activities shall be from the approved CPM and must be as shown on the CPM unless behind or ahead of schedule. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1310-107 PROGRESS SCHEDULES Page 1669 of 1 06 0 SECTION 01340-SHOP DRAWINGS,WORKING DRAWINGS,AND SAMPLES e. Date of Resubmittal and Return(as applicable). PART 1 -GENERAL 1.01 DESCRIPTION f. Date material release for A. Scope of Work: fabrication. 1. The Contractor shall submit to the g. Projected date of fabrication. CITY for review and approval, such Shop Drawings, Test Reports and h. Projected date of delivery to Product Data on materials and site. equipment (hereinafter in this Section called Data), and material i. Status of O&M manuals samples(hereinafter in this Section submittal. called Samples)as are required for the proper control of work, including j. Specification Section. but not limited to those Shop Drawings, Data and Samples for k. Drawings Sheet Number. materials and equipment specified elsewhere in the Specifications and B. Related Requirements Described in the Contract Drawings. Elsewhere: 2. With the Contractor's executed 1. General Conditions: agreement and Bond Submittal,the Contractor shall submit to the CITY 2. Progress Schedules: Section a complete list of preliminary Data SC01310. on items for which Shop Drawings are to be submitted. Included in this 3. Material and Equipment: Section list shall be the names of all SC01600. proposed manufacturers furnishing specified items. Review of this list 4. Project Record Documents:Section by the CITY shall in no way SC01720. expressed or implied relieve the Contractor from submitting 5. Operating and Maintenance Data: complete Shop Drawings and Section SC01730. providing materials, equipment, etc., fully in accordance with the 1.02 CONTRACTOR'S RESPONSIBILITY Specifications. This procedure is required in order to expedite final A. The Contractor shall furnish the CITY a review of Shop Drawings. The schedule of Shop Drawings submittals Contractor shall include Shop fixing the respective dates for the Drawing review time on the Project submission of Shop Drawings, the schedule(see section SC01310). beginning of manufacture, testing and installation of materials, supplies and 3. The Contractor is to maintain an equipment. This schedule shall indicate accurate updated submittal log and those that are critical to the progress will bring this log to each scheduled schedule. progress meeting with the City and the CITY. This log should include B. The Contractor shall not begin any of the the following items: work covered by a Shop Drawing, Data, or a Sample returned for correction until a. Submittal-Description and a revision or correction thereof has been Number assigned. reviewed and returned to him, by the CITY,with approval. b. Date to CITY. C. The Contractor shall submit to the CITY C. Date returned to Contractor. all drawings and schedules sufficiently in advance of construction requirements to d. Status of Submittal (Approved provide no less than twenty-one (21) as Noted, Rejected/Re- calendar days for checking and submit). appropriate action from the time the City receives them. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1310-108 SHOP DRAWINGS,WORK DRAWINGS AND SAMPLES Page 1664 of 1 06 0 D. All submittals shall be accompanied with schedules submitted without this stamp a transmittal letter prepared in duplicate of approval shall be returned to the containing the following information: Contractor for resubmission. 1. Date. 1.03 CITY'S REVIEW OF SHOP DRAWINGS 2. Project Title and Number. A. The CITY's review of Shop Drawings, Data and Samples as submitted by the 3. Contractor's name and address. Contractor, will be to determine if the items(s)conform to the information in the 4. The number of each Shop Contract Documents and are compatible Drawings, Project Data, and with the design concept. The CITY's Sample submitted. review and exceptions, if any, will not constitute an approval of dimensions, 5. Notification of Deviations from connections,quantities,and details of the Contract Documents. material, equipment, device, or item shown. a. The Contractor shall indicate in bold type at the top of the B. The review of drawings and schedules cover sheet of submittal of will be general, and shall not be Shop Drawing if there is a construed: deviation from Contract Drawings, Project 1. As permitting any departure from Specifications and referenced the Contract requirements. specifications or codes. 2. As relieving the Contractor of b. The Contractor shall also list responsibility for any errors, any deviations from Contract including details, dimensions, and Drawings, Project materials. Specifications and referenced specifications or codes and 3. As approving departures from identify in "green" ink details furnished by the City,except prominently on the drawings. as otherwise provided herein. 6. Submittal Log Number conforming C. If the drawings or schedules as submitted to Specification Log Number. describe variations and show a departure from the Contract requirements which the E. The Contractor shall submit SHOP CITY finds to be in the interest of the City DRAWINGS electronically to the CITY and to be so minor as not to involve a through eBuilder. The CITY will review change in Contract Price or time for the submittal and return to the Contractor performance, the CITY may return the with appropriate review comments. reviewed drawings without noting an exception. F. The Contractor shall be responsible for and bear all costs of damages which may D. "Approved As Noted" - Contractor shall result from the ordering of any material or incorporate CITY's comments into the from proceeding with any part of work submittal before release to manufacturer. prior to the completion of the review by The Contractor shall send a letter to the the CITY of the necessary Shop CITY acknowledging the comments and Drawings. their incorporation into the Shop Drawing. G. The Contractor shall not use Shop Drawings as means of proposing E. "Amend And Resubmit"-Contractor shall alternate items to demonstrate resubmit the Shop Drawing to the CITY. compliance to Contract requirements. The resubmittal shall incorporate the CITY's comments highlighted on the H. Each submittal will bear a stamp Shop Drawing. indicating that Contractor has satisfied Contractor's obligations under the F. "Rejected" - Contractor shall resubmit Contract Documents with respect to Shop Drawing for review by Consultant. Contractors review and approval of that submittal. G. Resubmittals will be handled in the same manner as first submittals. On I. Drawings and schedules shall be resubmittals the Contractor shall direct checked and coordinated with the work of specific attention, in writing or on all trades and sub-contractors involved, resubmitted Shop Drawings,to revisions before they are submitted for review by other than the corrections requested by the CITY and shall bear the Contractor's the CITY on previous submissions. The stamp of approval as evidence of such Contractor shall make any corrections checking and coordination. Drawings or required by the CITY. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1310-109 SHOP DRAWINGS,WORK DRAWINGS AND SAMPLES Page 161655 ". 1 06 0 clearly marked to identify pertinent H. If the Contractor considers any correction materials, product or models. Delete indicated on the drawings to constitute a information which is not applicable to the change to the Contract Drawings or Work by striking or cross-hatching. Specifications, the Contractor shall give written notice thereof to the CITY. C. Each Shop Drawing shall have a blank area 3-1/2 inches by 3-1/2 inches, I. When the Shop Drawings have been located adjacent to the title block. The completed to the satisfaction of the CITY, title block shall display the following: the Contractor shall carry out the construction in accordance therewith and 1. Project Title and Number. shall make no further changes therein except upon written instructions from the 2. Name of Project building or CITY. structure. J. No partial submittals will be reviewed. 3. Number and title of the Shop Submittals not deemed complete will be Drawing. stamped "Rejected" and returned to the Contractor for resubmittal. Unless 4. Date of Shop Drawing or revision. otherwise specifically permitted by the CITY, make all submittals in groups 5. Name of Contractor and containing all associated items for: subcontractor submitting drawing. 1. Systems. 6. Supplier/manufacturer. 2. Processes. 7. Separate detailer when pertinent. 3. As indicated in specific 8. Specification title and number. Specifications Sections. 9. Specification section. K. All drawings,schematics,manufacturer's product Data, certifications and other 10. Application Contract Drawing Shop Drawing submittals required by a Number. system specification shall be submitted at one time as a package to facilitate D. Data on materials and equipment interface checking. include, without limitation, materials and equipment lists, catalog data sheets, L. Only the CITY shall utilize the color"red" cuts, performance curves, diagrams, in marking Shop Drawing submittals. materials of construction and similar descriptive material. Materials and M. For any submittal returned to the equipment lists shall give, for each item Contractor marked "Amend and Submit" thereon, the name and location of the or"Rejected,"Contractor shall pay CITY supplier or manufacturer, trade name, a resubmittal fee of $250.00. Monies catalog reference, size, finish and all shall be deducted from monies owed other pertinent Data. Contractor by CITY monthly and incorporated into a Change Order at 1.05 WORKING DRAWINGS completion of the contract. A. When used in the Contract Documents, 1.04 SHOP DRAWINGS the term "Working Drawings" shall be considered to mean the Contractor's plan A. Shop Drawings shall be complete and for temporary structures such as detailed and shall consist of fabrication, temporary bulkheads, support of open erection and setting drawings and cut excavation, support of utilities, schedule drawings,manufacturer's scale ground water control systems, forming drawings, and wiring and control and false work;for underpinning;and for diagrams. Cuts, catalogs, pamphlets, such other work as may be required for descriptive literature, and performance construction but does not become an and test data,shall be considered only as integral part of the Project. supportive information. As used herein, the term "manufactured" applies to B. Working Drawings shall be signed by a standard units usually mass-produced; registered Professional Consultant, and"fabricated"means items specifically currently licensed to practice in the State assembled or made out of selected of Florida. materials to meet individual design requirements. 1.06 SAMPLES B. Manufacturer's catalog sheets, A. The Contractor shall furnish, for the brochures, diagrams, illustrations and approval of the Consultant, samples other standard descriptive data shall be required by the Contract Documents or Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1310-110 SHOP DRAWINGS,WORK DRAWINGS AND SAMPLES Page 161656 ". 1 06 0 requested bythe CITY. Samples shall be change or modify any Contract delivered to the CITY as specified or requirements. directed. The Contractor shall prepay all shipping charges on samples. Materials F. Approved samples not destroyed in or equipment for which samples are testing shall be sent to the CITY or stored required shall not be used in work until at the site of the Work. Approved approved by the CITY. Samples of the hardware in good condition will be marked for identification B. Samples shall be of sufficient size and and may be used in the work. Materials quantity to clearly illustrate: and equipment incorporated in work shall match the approved Samples. Samples 1. Functional characteristics of the which failed testing or were not approved product,with integrally related parts will be returned to the Contractor at its and attachment devices. expense, if so requested at time of submission. 2. Full range of color, texture and pattern. PART 2-PRODUCTS(NOT USED) 3. A minimum of two(2)samples of each item shall be submitted. PART 3-EXECUTION(NOT USED) C. Field samples and mock-ups: END OF SECTION 1. Contractor shall erect,at the Project site, at a location acceptable to the Consultant. 2. Size of area: 15 feet long x 6 feet high or that specified in the respective specification section. 3. Fabricate each sample and mock- up complete and finished. 4. Remove mock-ups at conclusion of Work or when acceptable to the Consultant. D. Each sample shall have a label indicating: 1. Name of Project. 2. Name of Contractor and Subcontractor. 3. Material or Equipment Represented. 4. Place of Origin. 5. Name of Producer and Brand (if any). 6. Location in Project. Samples of finished materials shall have additional marking that will identify them under the finished schedules. E. The Contractor shall prepare a transmittal letter in triplicate for each shipment of samples containing the information required in Paragraph 1.06B above. It shall enclose a copy of this letter with the shipment and send a copy of this letter to the CITY. Approval of a sample shall be only for the characteristics or use named in such approval and shall not be construed to Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1310-111 SHOP DRAWINGS,WORK DRAWINGS AND SAMPLES 06 0 SECTION 01370-SCHEDULE OF VALUES PART 1 -GENERAL 1.01 DESCRIPTION proportional amount of the Contractor's overhead and profit. A. Scope of Work: 2. For items on which progress 1. Contractor shall submit to the City a payments will be requested for stored Schedule of Values allocated to the materials, break down the value into: various lump sum portions of the Work, within fifteen (15) days of the a. The cost of the materials, Notice to Proceed date. delivered unloaded, with taxes paid. Paid invoices required for 2. Upon request of the City, Contractor materials. Payment for shall support the values with data materials shall be limited to the which will substantiate their invoiced amount only. correctness. The data shall include, but not be limited to quantity of b. The total installed value. materials, all sub-elements of the activity and their units of measure. F. The sum of all lump sum values listed in the schedule shall equal the total Contract 3 Schedule of Values shall establish Sum. the actual value for each activity of the Work to be completed taken from 1.03 UNIT QUANTITIES: the approved Critical Path Method (CPM),and shall be used as the basis A. Quantities indicated in the Schedule of Bid for the Contractor's Applications for Items are for bidding and contract Payment. purposes only. Quantities and measurements supplied or placed in the B. Related Requirements Described Work and verified by the Consultant and Elsewhere: CITY determines payment. 1.Conditions of the Construction Contract. B. If the actual Work requires more or fewer quantities than those quantities indicated 1.02 FORM AND CONTENT OF SCHEDULE OF in the bid items, Contractor shall provide VALUES the required quantities at the unit sum/prices contracted. A. Type schedule on an 8-1/2 inch by 11 inch or 8-1/2 inch by 14 inch white paper. 1.04 REVIEW AND RESUBMITTAL Contractor's standard forms and computer printout will be considered for approval by A. After review by City, Contractor shall the City upon Contractor's request. revise and resubmit Schedule of Values Identify schedule with: and Schedule of Unit Material values pursuant to this Section. 1. Title of Project and location. B. Contractor shall resubmit revised 2. Consultant and Project number. Schedules in same manner pursuant to this Section. 3. Name and address of Contractor. PART 2-PRODUCTS(NOT USED) 4. Contract designation. PART 3-EXECUTION(NOT USED) 5. Date of submission. END OF SECTION B. Schedule shall list the installed value of the component parts of the Work in sufficient detail to serve as a basis for computing item prices for progress payments during construction. C. Identify each line item with the number and the title of the respective section of the Specifications. D. For each line item, list sub-values of major products or operations under the item. E. For the various portions of the Work: 1. Each item shall include a directly Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1370-112 SCHEDULE OF VALUES Page 1668 of 1 06 0 SECTION 01380-CONSTRUCTION PHOTOGRAPHS PART 1 -GENERAL A. Color: 1.01 DESCRIPTION 1. Paper: Single weight, color print paper. A. Scope of Work: The Contractor shall 2. Finish: Smooth surface,glossy. employ a competent professional photographer to take construction record 3. Size: 8 inches by 10 inches and 3 photographs periodically during the course inches by 5 inches. of the Work using a digital camera and a preconstruction video inspection. 4. Paper Weight:Single weight B. Related Requirements Described B. Identify each print on back, listing: Elsewhere: 1. General Requirements: Section 1. Name of Project. SC01000. 2. Orientation of view. 2. Summary of Project: Section 3. Date and time of exposure. SC01010. 3. Video and Photographic Site Survey: 4. Name and address of photographer. Section 01390 5. Photographer's numbered 4. Project Record Documents: Section identification of exposure. SC01720. C. Aerial photographs shall be color. 1.02 PHOTOGRAPHY REQUIRED 2.02 NEGATIVES/DIGITAL FILES A. Photographs taken in conformance with A. The negatives/digital files are to be this Section shall be furnished to the categorized by month taken and must Consultant with each Application for correspond to the progress photographs Payment. that accompany each. At project closeout, the negatives/digital files are to be B. Views and Quantities Required: submitted to the CITY. If the Contractor 1. Five (5) views of overall Project site uses digital photography,then the images shall be provided on CD. monthly, or as directed by the Consultant. PART 3-EXECUTION 2. Two(2)aerial views of overall Project 3.01 TECHNIQUE site after completion of site restoration and landscaping. A. Factual Presentation. 3. Provide five(5)3 inch by 5 inch prints B. Correct exposure and focus. and one(1)8 inch by 10 inch print of each view,plus one(1)copy in digital 1. High resolution and sharpness. format. 4. Additional aerial photographs may be 2. Maximum depth-of-field. used upon prior approval by the 3. Minimum distortion. CITY. C. In addition to the general progress 3.02 VIEWS REQUIRED photographs required, photographs of A. Photograph from locations to adequately each tie-in point shall be taken prior to illustrate condition of construction and backfill and turned in with the monthly state of progress. Application for Payment. 1.03 COSTS OF PHOTOGRAPHY 1. At successive periods of photography, take at least one (1) A. The Contractor shall pay costs for photograph from the same overall view as previously. specified photography and prints. Parties requiring additional photography or prints 2. Consult with the City at each period of shall pay the photographer directly. photography for instructions PART 2-PRODUCTS concerning views required. 2.01 PRINTS 3. All views to contain a relative dimension reference that is easily recognizable by the average person. In views where dimensions are Bid No.079-2821-21-PRE-CHLORINATED PIPE BURSTING SCO1380-113 CONSTRUCTION PHOTOGRAPHS 06 critical, use of recognizable measuring devices such as a folding ruler,measuring tape in a manner the makings are clear and sharp in the photograph and the device located in close relationship with subject of photograph. 3.03 DELIVERY OF PRINTS A. Deliver prints to the CONSULTANT to accompany each Application for Payment. B. Distribution of prints as soon as processed is anticipated to be as follows: 1. CITY:one(1)set. 2. Project record file one (1)set stored by Contractor and furnished to Consultant at project completion. 3. Contractor one(1)set. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1380-114 CONSTRUCTION PHOTOGRAPHS Page 1617-8 %5F 1 J-06 0 SECTION 01390-VIDEO AND PHOTOGRAPHIC SITE SURVEY PART 1-GENERAL 1.01 SECTION INCLUDES: PART 3-EXECUTION A. The work under this Section includes the performance of a Pre and Post 4. VIDEO SITE SURVEY Construction Video Survey of the condition of existing facilities, public A. The Contractor shall provide the CITY Rights-of Way (ROW), easements, with a DVD accurately representing roads,private property,and other surface existing conditions of the site to be features and"before and after"digital still disturbed by its operations. This DVD photographs. shall be submitted at least twenty-one (21)days prior to the start of work on this 1.02 RELATED SECTIONS: project. A. Section SC01050—Field Engineering B. Recording shall be on a new, high quality, DVD. The camera shall be B. Section SC01380 — Construction capable of producing clean color images. Progress Photographs The original is to be submitted to the CITY for review and a copy is to be 1.03 PRE/POST-CONSTRUCTION VIDEO retained by the Contractor until Final INSPECTION Acceptance. CITY shall receive one (1) copy of the Final Videotaping after A. Prior to start of construction, Contractor approval by the CITY. shall retain the services of a firm specializing in pre-construction video C. At a minimum,the video shall contain: inspection. 1. At the beginning of the video, the B. Video inspection shall delineate all project name and date of taping aspects of facilities on site and shall be superimposed on the surrounding properties. picture. 2. As the location of the video tapping C. Any claims for damages not clearly progresses,i.e.,the individual street shown as existing prior to construction name shall be temporally shall be paid for by the Contractor,unless superimposed on the picture. conclusive evidence to the contrary is provided. 3. Centerline stationing at 100 feet intervals or clear reference to the 1.04 SUBMITTALS: individual residences (by street number)and/or business(by street A. Pre-Construction Video and number and name). Photographic Site Survey 5. The video shall be run twice the full 1. The Contractor shall submit one (1) length of the project,first facing and copy of the Pre Construction Video proceeding ahead station wise and Survey with video log to the CITY for slightly angled to the right of review and acceptance. centerline. The second run shall be the full length of the project facing B. Post-Construction Video Site Survey and proceeding back station wise and slightly angled to the right of 1. At the discretion of the CITY, the centerline. requirement for a Post-Construction video may be waived. 6. Both shootings shall contain the centerline within the view of the 2. The Contractor shall submit one (1) observer. The taping is to be copy of the Post-Construction Video continuous during each run. Areas Survey with log to the CITY for of special importance/interest may review. be "zoomed-in" on to provide the necessary details but must be 3. Accompanying this submittal, or as "zoomed-out' to the original view a separate submittal in the event the before proceeding. CITY waives the Post-Construction Video, the Contractor shall issue a D. Audio content letter attesting to having reviewed the Pre Construction Video Survey 1. Simultaneously record the audio and confirm restoration of surface portion during videotaping. attributes. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1390-115 VIDEO&PHOTOGRAPHIC SITE SURVEY Page 16:71 of 1 06 0 and/or property. The photographs of 2. Audio recording shall assist in each home and/or property shall consist viewer orientation and in any Audio of a set of photographs(3 minimum)and recording will only consist of camera shall provide property-line to property- operator commentary. line coverage of the roadway, swale and sidewalk areas for each property. The E. Prepare a written video log that describes "areas of interest" are the edge of the contents of each tape including: roadway, condition of the swale, type of grass,landscaping within the swale,mail 1. Name of streets and/or easements. box and driveway apron. 2. Videotape location designator. B. The digital "file" name is to be the address of the property being photographed and shall be incorporated 3. Coverage begin/end, station and as part of the image. The Contractor location. shall provide the CITY with the following for review and acceptance: 4. Recording date. 1. One (1) CD with the digital files in F. The video shall present a clear and street named/numbered accurate representation of existing subdirectory and a digital file log. conditions. If the CITY determines that this intent is not met, the tape shall be 2. Two(2)sets of"Before"color prints returned and the area re-televised at no and one(1)set of"After"color prints additional cost to the CITY. of each digital file,with the file name displayed. Color print sets are to be G. This accepted video along with the still bound with a Table of Contents and photographs will serve as an aid to the divided and tabbed by street CITY in determining existing conditions. name/number. Nothing contained in the video or still photographs will supersede or relieve the 3. "Before" photographs (color prints CITY from determining the acceptability and CD)shall be submitted twenty- of restoration. one (21) days in advance of the commencement of the work. "After" H. Prior to Substantial Completion, the photographs (color prints and CD) Contractor is responsible to review the shall be submitted with the final video and still photographs and prepare Application For Payment (refer to a detailed list of surface improvements to Section 01380 PROGRESS be reinstated. This list shall include lawn PHOTOGRAPHS for additional areas, trees and plants, driveways, requirements). driveway aprons, roadways, signage, sprinkler systems, sidewalks, mailboxes C The Contractor shall provide a bound set and any other existing conditions of accepted pre-construction affected by the work and submit to the photographs to the Consultant to be CITY for review and approval. maintained at the Consultant's Field Office for use during the project. 3.02 PHOTOGRAPHIC SURVEY D. An additional page(page 3),with sample A. In addition to the videotape, the photographs,follows the End of Section. Contractor shall take "before and after" digital still photographs of each home END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1390-116 VIDEO&PHOTOGRAPHICSITE SURVEY Page 16:172 of i 06 z 1 t )• i Y N�t�} 1Si t}� � PSI I � iia S tt Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SC01390-117 VIDEO&PHOTOGRAPHICSITE SURVEY Page 1617-9 OF 06 0 SECTION 01400-QUALITY REQUIREMENTS 1. Plus/minus 0.20 foot radius of PART 1 GENERAL plan center 1.01 GENERAL 2. Plus/minus 0.05 foot vertical A. Contractor is required to follow all 3. Plus/minus 10%of specified technical specification requirements with vertical slope regards to material quality, certification, placement and installation. If the 4. Plus / minus 5% uniformity of Contractor has questions concerning specified vertical slope measured these items,it is required to generate and between any two points of a single issue a Request For Information to the run of pipe. CITY and Consultant for resolution and or guidance. B. Monitor fabrication and installation tolerance control of products to produce B. In the absence of other quality acceptable Work. Do not permit requirements, FDOT Standard tolerances to accumulate. Specifications and Index, of the most current edition,shall prevail. C. Comply with manufacturers' tolerances. Should manufacturers' tolerances 1.02 RELATED SECTIONS conflict with Contract Documents, request clarification from Consultant A. Section SCO1025 — Measurement and before proceeding. Payment Procedures D. Adjust products to appropriate B. Section SC01050—Field Engineering dimensions, position before securing products in place. C. Section SCO1340 — Shop Drawings, Work Drawings and Samples 1.05 TESTING SERVICES 1.03 Field QA/QC A. Contractor required to hire a professional, licensed independent firm A. The Contractor shall monitor quality to perform tests and other services control over suppliers, subcontractors, specified. products and workmanship, to produce work of specified quality. B. Field copies of on site density testing are to be left on site at the completion of each B. Comply with manufacturers'instructions, day's testing. The independent firm is including each step in sequence. required to "map" the results of each day's testing results on the Contractor's. C. Should manufacturers' instructions conflict with Contract Documents, issue C. Certified, signed and sealed test reports Request For Information to the will be submitted by the independent firm Consultant before proceeding. to the Consultant, CITY and Contractor, indicating observations and results of D. Comply with specified standards as tests and indicating compliance or non- minimum quality for the work except compliance with Contract Documents. where more stringent tolerances, codes, or specified requirements indicate higher D. Cooperate with independent firm;furnish standards or more precise workmanship. samples of materials, design mix, equipment, tools, storage, safe access, E. Perform work by persons qualified to and assistance by incidental labor as produce required and specified quality. requested. F. Verify that field measurements are as indicated on shop drawings/catalog cut E. Testing does not relieve Contractor to sheets or as instructed by the perform work to Contract requirements. manufacturer. F. Re-testing required because of non- G. Secure products in place with positive conformance to specified requirements anchorage devices designed and sized shall be performed by the same to withstand stresses, vibration, physical independent firm on instructions by the distortion,or disfigurement. CITY or Consultant. 1.04 TOLERANCES 1.06 INSPECTION SERVICES A. Installed tolerances: A. The CITY shall appoint,employ,and pay inspector for specified services for Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1400-118 QUALITY REQUIREMENTS Page 16:174 of i 06 0 inspection. These services may be from F. Examine and verify specific conditions the Consultant, or from the CITY or any described in individual technical combination of the above. specification sections. G. Notify the CITY and Consultant, forty- B. The Inspector shall perform construction eight (48) hours prior to the expected observation, inspections and other time for inspection purposes and/or the services specified in individual witnessing of pressure testing. All specification sections and as required by pressure testing shall be witnessed by the CITY and/or Consultant. the CITY and/or Consultant. C. The Contractor shall cooperate with Inspector; furnish safe access and END OF SECTION assistance by incidental labor as requested. Additionally, the Contractor shall keep the inspection personnel fully informed of the needs, scheduling and progress of the project. D. This inspection does NOT relieve the Contractor from performing their own QA/QC on the Work as required in this and other technical specification sections. 1.07 MANUFACTURERS'FIELD SERVICES A. When specified in the Contract documents, requiring material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust and balance of equipment as applicable,and to initiate instructions when necessary. B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. PART 2 PRODUCTS(Not Used) PART 3 EXECUTION 3.01 EXAMINATION A. The Contractor shall verify that existing site conditions and substrate surfaces are acceptable for subsequent Work. Beginning new Work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new Work being applied or attached. C. Perform "receiving" inspection of materials,structures and equipment. D. Perform "in-process" inspection as the Work progresses. E. Monitor and inspect the work performed by subcontractors as the Work progresses. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1400-119 QUALITY REQUIREMENTS Page 16:75 of 1 06 0 SECTION 01410-TESTING LABORATORY SERVICES PART 1 —GENERAL 2. To obtain and handle samples at the Project site or at the source of 1.01 REQUIREMENTS INCLUDED the product to be tested. A. CITY will employ services of an 3. To facilitate inspections and tests Independent Testing Laboratory to perform specified testing. Contractor 4. For storage and curing of test shall pay costs of services from samples. allowance specified in Section SCO1025: Measurement and Payment F. Notify laboratory sufficiently in advance (Allowances). of operations to allow for laboratory assignment of personnel and scheduling 1. Contractor shall cooperate with of tests. laboratory to facilitate the execution of its required services. 1. When tests or inspections cannot be performed after such notice, 2. Employment of the laboratory shall reimburse CITY for laboratory in no way relieve Contractor's personnel and travel expenses obligations to perform the Work of incurred due to Contractor's the Contract. negligence. 1.02 RELATED REQUIREMENTS G. Make arrangements with laboratory and pay for additional samples and tests A. Conditions of the Contract: Inspection required for Contractor's convenience. and testing required by laws,ordinances, rules, regulations,orders or approvals of 1.05 SPECIFIC TESTS, INSPECTION AND public authorities. METHODS REQUIRED(NOT USED) 1.03 LIMITATIONS OF AUTHORITY OF TESTING PART 2—PRODUCTS (NOT USED) LABORATORY PART 3—EXECUTION A. Laboratory is not authorized to: 3.01 PAYMENT 1. Release,revoke,alter or enlarge on requirements of Contract A. Testing of materials and products will be Documents. performed by an independent testing laboratory appointed and paid for per 2. Approve or accept any portion of the Section SCO1025 — Measurement and Work. Payment(Allowances). 3. Perform any duties of the B. The CITY will authorize the cost of one Contractor. (1)series of tests only on the area or item being evaluated. The Contractor shall 1.04 CONTRACTOR'S RESPONSIBILITIES pay for costs of additional testing as required due to improper performance of A. Cooperate with laboratory personnel Work. and/or Consultant, provide access to Work or manufacturer's operations. C. When Work of this Contract, or portions of Work,are completed,notify the testing B. Secure and deliver to the laboratory laboratory or Consultant to perform or adequate quantities of representational witness the tests. Do not proceed with samples of materials proposed to be additional portions of Work until results used and which require testing. have been verified. C. Provide to the laboratory the preliminary design mix proposed to be used for END OF SECTION concrete,and other material mixed which require control by the testing laboratory. D. Furnish copies of Products Test Reports as required. E. Furnish incidental labor and facilities: 1. To provide access to Work to be tested. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1410-120 TESTING LAB SERVICES page 16:711 06 0 SECTION 01500-CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 —GENERAL install and maintain a certified backflow preventer or check valve on all CITY 1.01 REQUIREMENTS INCLUDED issued portable hydrant meters; no exceptions. Using water from private A. Contractor shall furnish, install and homes and/or business' is strictly maintain temporary utilities required for forbidden. construction. Remove on completion of work. B. Water utilization for concrete plaster and mortar shall meet the respective 1.02 RELATED REQUIRMENTS requirements and standards set forth for A. General Conditions. water utilized in these construction materials. B. Section SC01010: Summary of Work 2.04 TEMPORARY SANITARY FACILITIES 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. Provide sanitary facilities in compliance with Federal, state and local laws and A. Comply with National Electric Code. regulations. B. Comply with Federal, State, and local B. Service,clean and maintain facilities and codes and regulations and with utility enclosures. company requirements. 2.05 TEMPORARY CONTROLS PART 2—PRODUCTS A. Noise Control: See Section SC01100— 2.01 MATERIALS, GENERAL Special Project Procedures A. Materials may be new or used, but must B. Dust Control: be adequate in capability for the required usage of the CITY, must not create 1. Provide positive methods and apply unsafe conditions, and must not violate dust control materials to minimize requirements of applicable codes and raising dust from construction standards. operations, and provide positive means to prevent airborne dust 2.02 TEMPORARY TELEPHONE SERVICE form dispensing into the atmosphere. A. Superintendent, foreman or other contractor personnel in charge shall be C. Pest and Rodent Control: equipped with a functioning cell phone during the term of the contract. 1. Provide pest and rodent control prior to start of construction to 2.03 TEMPORARY WATER prevent infestation of surrounding neighborhood. A. Schedule use and provide deposit to the City's Utility Department for a portable a. Employ methods and use hydrant meter. No water shall be taken materials that will not from the existing water distribution adversely affect conditions at system unless it's through the portable the site or on adjoining hydrant meter. The Contractor shall properties. b. Should the use of rodenticides be considered necessary, submit an informational copy of the proposed program to the Consultant. Clearly indicate: 1) The area or areas to be treated 2) The rodenticides to be used, with a copy of the manufacturer's printed instructions. 3) The pollution preventative measures to be employed. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1500-121 CONSTRUCTION FACILITIES AND TEMPORARY CONTROL Page 16;F7 of 1 06 0 2. The use of any rodenticide shall be and to remove contaminated soils in full accordance with the or liquids. Manufacturer's printed instructions and recommendations. a. Excavate and dispose of any contaminated earth off-site, D. Debris Control: and replace with suitable compacted fill and topsoil. 1. Maintain all areas under Contractor's control free of 3. Take special measure to prevent extraneous debris. harmful substances from entering public waters. 2. Initiate and maintain a specific program to prevent accumulation of a. Prevent disposal of wastes, debris at construction site, storage effluents, chemicals, or other and parking areas, or along access such substances adjacent to roads and haul routes. streams,or in sanitary or storm sewers. a. Provide acceptable containers for deposit of debris. 4. Provide systems for control of atmospheric pollutants b. Prohibit overloading of trucks to prevent spillages on access a. Prevent toxic concentrations of and haul routes. chemicals 1) Provide periodic inspection of traffic areas b. Prevent harmful dispersal of to enforce requirements. pollutants into the atmosphere 3. Schedule periodic collection and PART 3—EXECUTION disposal of debris. 3.01 GENERAL a. Provide additional collections and disposals of debris A. Maintain and operate systems to assure whenever the periodic continuous service. schedule is inadequate to prevent accumulation. B. Modify and extend systems, as work progress requires. E. Pollution Control: 3.02 REMOVAL 1. Provide methods, means and facilities required to prevent A. Completely remove temporary materials contamination of soil, water or and equipment when their use is no atmosphere by the discharge of longer required. noxious substances from construction operations. B. Clean and repair damage caused by temporary installations or use of 2. Provide equipment and personnel, temporary facilities. perform emergency measures required to contain any spillages, END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1500-122 CONSTRUCTION FACILITIES AND TEMPORARY CONTROL 06 0 SECTION 01505—MOBILIZATION PART I-GENERAL A. Contractor shall be limited to a maximum of 3.0 percent of the total price bid for 1.01 DEFINITION AND SCOPE mobilization. The cost of mobilization/demobilization shall be A. Mobilization shall include the Contractor shown in the Schedule of Values. obtaining of all permits, insurance, and bonds; moving onto the site of all plant B. Demobilization shall be shown in the and equipment,temporary buildings and schedule of values as a minimum 25 other construction facilities; all as percent of the value for mobilization. required for the proper performance and completion of the Work. Mobilization PART 2-PRODUCTS (NOT USED) shall include, but not be limited to, the following principal items: PART 3-EXECUTION (NOT USED) 1. Move onto the site all Contractor's plan and equipment required for first END OF SECTION month operations. 2. Install temporary construction power,wiring,and lighting facilities. 3. Establish fire protection plan and safety program. 4. Secure construction water supply. 5. Provide on-site sanitary facilities and potable water facilities as specified. 6. Arrange for and erect Contractor's work and storage yard and employees'parking facilities. 7. Submit all required insurance certificates and bonds. 8. Obtain all required permits. 9. Post all OSHA, EPA, Department of Labor, and all other required notices. 10. Have Contractor's superintendent at the job site full time. 11. Submit a detailed construction CPM schedule acceptable to the Consultant as specified. 12. Submit a Schedule of Values of the Work. 13. Submit a schedule of submittals. 1.02 DEMOBILIZATION A. Demobilization is the timely and proper removal of all contractor-owned material, equipment or plant,from the job site and the proper restoration or completion of work necessary to bring the site into full compliance with the Contract Documents. 1.03 PAYMENT FOR MOBILIZATION/DEMOBILIZATION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1505-123 MOBILIZATION page 16:71-1 06 0 SECTION 01525-CONSTRUCTION AIDS A. Comply with applicable requirements specified in sections of Divisions 2 PART 1 -GENERAL through 16. 1.01 DESCRIPTION B. Relocate construction aids as required by progress of construction, by storage of A. Scope of Work: The Contractor shall work requirements and to accommodate furnish, install and maintain required legitimate requirements of CITY and construction aids and remove on other contractors employed at the site. completion of work. 3.03 REMOVAL B. Related Requirements Described Elsewhere: A. Completely remove temporary materials, equipment and services: 1. Summary of Work: Section SC01010 1. When construction needs can be met by use of permanent C. Contractor must comply with applicable construction. requirements of the specified in Sections of Divisions 2 through 16 - Technical 2. At completion of work. Specifications B. Clean and restore areas damaged by PART 2-PRODUCTS installation by use of temporary facilities. 2.01 MATERIALS 1. Remove foundations and underground installations for A. Materials may be new or used, suitable construction aids. for the intended purpose, but must not violate requirements of applicable codes 2. Restore area of site affected by and standards. temporary installations to required elevations, slopes, ground cover 2.02 CONSTRUCTION AIDS and clean the area. A. Contractor shall provide construction C. Restore permanent facilities used for aids and equipment required by person- temporary purposes to specified nel and to facilitate execution of the condition or in kind if not specified. Work: scaffolds,staging, ladders,stairs, ramps, runways, platforms, railings, hoists, cranes, chutes and other such END OF SECTION facilities and equipment such as temporary valves and fittings. Refer to respective Technical Specifications Sections for particular requirements for each trade. B. When permanent stair framing is in place, provide temporary treads, platforms and railings, for use by construction personnel. C. Maintain facilities and equipment in first-class condition. PART 3-EXECUTION 3.01 PREPARATION A. Contractor shall consult with the CONSULTANT, review site conditions and factors which affect construction procedures and construction aids,which may be affected by execution of the Work. 3.02 GENERAL Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1525-124 CONSTRUCTION AIDS Page 1688 %5F 1 J-06 0 SECTION 01525-CONSTRUCTION AIDS PART 1 -GENERAL A. Comply with applicable requirements specified in sections of Divisions 2 1.01 DESCRIPTION through 16. A. Scope of Work: The Contractor shall B. Relocate construction aids as required by furnish, install and maintain required progress of construction, by storage of construction aids and remove on work requirements and to accommodate completion of work. legitimate requirements of CITY and other contractors employed at the site. B. Related Requirements Described Elsewhere: 3.03 REMOVAL 1. Summary of Work: Section A. Completely remove temporary materials, SC01010 equipment and services: C. Contractor must comply with applicable 1. When construction needs can be requirements of the specified in Sections met by use of permanent of Divisions 2 through 16 - Technical construction. Specifications 2. At completion of work. PART 2-PRODUCTS B. Clean and restore areas damaged by 2.01 MATERIALS installation by use of temporary facilities. A. Materials may be new or used, suitable 1. Remove foundations and for the intended purpose, but must not underground installations for violate requirements of applicable codes construction aids. and standards. 2. Restore area of site affected by 2.02 CONSTRUCTION AIDS temporary installations to required elevations, slopes, ground cover A. Contractor shall provide construction and clean the area. aids and equipment required by person- nel and to facilitate execution of the C. Restore permanent facilities used for Work: scaffolds,staging, ladders,stairs, temporary purposes to specified ramps, runways, platforms, railings, condition or in kind if not specified. hoists, cranes, chutes and other such facilities and equipment such as temporary valves and fittings. Refer to END OF SECTION respective Technical Specifications Sections for particular requirements for each trade. B. When permanent stair framing is in place, provide temporary treads, platforms and railings, for use by construction personnel. C. Maintain facilities and equipment in first-class condition. PART 3-EXECUTION 3.01 PREPARATION A. Contractor shall consult with the CITY, review site conditions and factors which affect construction procedures and construction aids,which may be affected by execution of the Work. 3.02 GENERAL Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1525-125 CONSTRUCTION AIDS Page 1681 of 1 06 0 SECTION 01530—BARRIERS PART 1 -GENERAL and animals from the site when 1.01 REQUIREMENTS INCLUDED construction is not in progress. A. Contractor shall furnish, install and B. Gates shall have locks; and keys shall be maintain suitable barriers as required to furnished to the CITY. prevent public entry, and to protect the Work, existing facilities, trees and plants C. Provide additional security measures as from construction operations; remove deemed necessary and approved by the when no longer needed, or at completion CONSULTANT. of work. 3.03 TREE AND PLANT PROTECTION 1.02 RELATED REQUIREMENTS A. Preserve and protect existing trees and A. Section SC01010: Summary of Work. plants at site that are designated to remain,and those adjacent to site. B. Section SCO1500:Temporary Facilities. B. Consult with the CONSULTANT, and PART 2-PRODUCTS remove agreed-on roots and branches that interfere with construction. 2.01 MATERIALS, GENERAL 1. Employ qualified tree surgeon to A. Materials may be new or used,suitable for remove branches and tree cuts. the intended purpose, but must not violate requirements of applicable codes and C. Provide temporary barriers to a height of 6 standards. feet, around each, or around each group, of trees and plants. 2.02 FENCING D. Protect root zones of trees and plants: A. Minimum fence height 6 feet. 1. Do not allow vehicular traffic or B. Open-Mesh Fence: parking. 1. No. 11 gauge,2-inch mesh,72 inches 2. Do not store materials or products. high-galvanized chain link fabric,with extension arms and 3 strands of 3. Prevent dumping of refuse or galvanized barbed wire. chemically injurious materials or liquids. 2. Galvanized steel posts; 1-1/2 inch line posts and 2-inch corner posts. 4. Prevent puddling or continuous running water. 2.03 BARRIERS E. Carefully supervise excavating, grading A. Materials are Contractor's option, as and filling, and other construction appropriate to serve required purpose. operations to prevent damage. PART 3-EXECUTION F. Replace, or suitably repair, trees and plants designated to remain which are 3.01 GENERAL damaged or destroyed due to construction operations. A. Install facilities of a neat and reasonably uniform appearance,structurally adequate 3.04 REMOVAL for the required purpose. A. Completely remove barricades, including B. Maintain barriers during entire construction foundations, when construction has period. progressed to the point that they are no longer needed and when approved by C. Relocate barriers as required by the CITY. progress of construction. B. Repair damage caused by construction. 3.02 FENCES Fill and grade areas of the site to the required elevations,and clean up the area. A. Provide and maintain fences necessary to assure security of the site during END OF SECTION construction to keep unauthorized people Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1530-126 BARRIERS Page 1682 of 1 06 0 SECTION 01540-SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS PART 1 GENERAL equipment and facilities to discover and determine any such conditions and shall 1.01 As a minimum, the Contractor shall provide be solely responsible for discovery, and assure that all of its personnel have and determination and correction of any such wear common colored Company shirts, safety condition. vests, hard hats and substantial leather work shoes / boots. Other Personal Protective C. Contractor shall prepare and maintain Equipment (PPE) as required by governing accurate reports of incidents of loss,theft local, state and Federal laws and regulations. or vandalism and shall furnish these reports to CITY within three (3) days of 1.02 SECTION INCLUDES each incident. A. Responsibility for Work Security 1.05 PROTECTION OF WORK IN PROGRESS, MATERIALS AND EQUIPMENT B. Protection of Work in Progress, Materials and Equipment A. Contractor shall be responsible for and shall bear any and all risk of loss or C. Protection of Existing Property damage to work in progress,all materials delivered to the site,and all materials and equipment involved in the Work until D. Security Program completion and final acceptance of Work under this Contract. Excluded from E. Entry Control Contractor's responsibility is any loss or damage that results from the sole active F. Personnel Identification negligence of the CITY or its representatives. G. Security Service 1.06 PROTECTION OF EXISTING H. Miscellaneous Restrictions PROPERTY 1.03 RELATED SECTIONS A. Contractor shall so conduct its operations as not to damage, close, or obstruct any A. Section 01010 — Summary of utility installation,highway, road or other Project property until permits therefore have been obtained. If facilities are closed, B. Section 01500 - Temporary obstructed, damaged or rendered unsafe Facilities and Controls by Contractor's operations, Contractor shall, at its expense, make such repairs 1.04 RESPONSIBILITY OF WORK and provide temporary guards, lights and SECURITY other signals as necessary or required for safety and as will be acceptable to the A. Contractor shall, at its expense, at all CITY. times conduct all operations under the Contract in a manner to avoid the risk of B. Contractor shall conduct its operation so loss, theft or damage by vandalism, as not to damage any existing buildings or sabotage or other means to any property. structures.The Contractor shall verify that Contractor shall promptly take all means and methods of construction used reasonable precautions that are inside,adjacent to, under or over existing necessary and adequate against any buildings will not cause damage. The conditions that involve a risk of loss,theft Contractor shall provide protection or damage to its property,at a minimum. methods that are B. Contractor shall continuously inspect all its work, materials, Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1540-127 SECURITY/SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS Page 1689 of i 6 0 acceptable to the CITY. connection with any repairs or restoration necessary or required by reason of any C. Unless otherwise specifically provided such damage or unauthorized cutting in the Contract, Contractor shall not do shall be borne by Contractor. any work that would disrupt or otherwise interfere with the operation of any 1.07 SECURITY PROGRAM pipeline, telephone, electric, radio, gas, transmission line,ditch or other structure, A. At the Pre-Construction Meeting, the nor enter upon lands in their natural state CITY will make a final determination on until approved by the CITY. which, if any, of the following requirements are to be implemented. D. Thereafter, and before it begins such work, Contractor shall give due notice 1. Protect Work existing premises and to CITY of its intention to start such work. CITY's operations from theft, Contractor shall not be entitled to any vandalism,and unauthorized entry. extension of time or any extra compensation on account of any 2. Initiate program at project postponement, interference or delay mobilization. caused by any such line,ditch or structure on or adjacent to the site of work. 3. Maintain program throughout E. Contractor shall preserve and protect construction period until CITY all cultivated and planted areas and acceptance precludes the need for vegetation such as trees, plants, shrubs Contractor security. and grass on or adjacent to the premises, 1.08 RESTRICTIONS which, as determined by CITY, do not reasonably interfere with the performance of this Contract. A. Do not allow cameras on site or photographs taken except by written F. Contractor shall be responsible for approval of the CITY. damage to any such areas and vegetation and for unauthorized cutting of trees and PART 2 PRODUCTS vegetation, including, without limitation, damage arising from the performance of Not Used. its work through operation of equipment or stockpiling of materials. All cost in PART 3 EXECUTION Not Used. END OF SECTION Bid No.079-2821-21-PRE-CHLORINATED PIPE BURSTING SCO1540-128 SECURITY/SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS page 1AA4 -64'1 06 0 SECTION 01541 -SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS any pipeline, telephone, electric, radio, gas, transmission line, ditch or other PART 1 GENERAL structure, nor enter upon lands in their natural state until approved by the CITY. 1.01 RELATED SECTIONS Thereafter,and before it begins such work, Contractor shall give due notice to the A. Section 01010—Summary CITY of its intention to start such work. Contractor shall not be entitled to any B. Section 01500—Construction Facilities and Temporary extension of time or any extra Controls compensation on account of any postponement, interference or delay 1.02 RESPONSIBILITY OF WORK SECURITY caused by any such line,ditch or structure on or adjacent to the site of work. A. Contractor shall, at its expense, at all times conduct all operations under the Contract in a manner to D. Contractor shall preserve and protect all avoid the risk of loss,theft or damage by vandalism, cultivated and planted areas and vegetation sabotage or other means to any property.Contractor such as trees,plants,shrubs and grass on or shall promptly take all reasonable precautions that adjacent to the premises, which, as are necessary and adequate against any conditions determined by the CITY, do not reasonably that involve a risk of loss, theft or damage to its interfere with the performance of this property, at a minimum. Contractor shall Contract. continuously inspect all its work, materials, equipment and facilities to discover and determine E. Contractor shall be responsible for any such conditions and shall be solely responsible damage to any such areas and vegetation for discovery, determination and correction of any and for unauthorized cutting of trees and such condition. vegetation, including, without limitation, damage arising from the performance of its B. Contractor shall prepare and maintain accurate work through operation of equipment or reports of incidents of loss, theft or vandalism and stockpiling of materials. All cost in shall furnish these reports to CITY within three (3) connection with any repairs or restoration days of each incident. necessary or required by reason of any such damage or unauthorized cutting shall 1.03 PROTECTION OF WORK IN PROGRESS, MATERIALS be borne by Contractor. AND EQUIPMENT F. Surface or subsurface water or other fluid A. Contractor shall be responsible for and shall bear shall not be permitted to accumulate in any and all risk of loss or damage to work in excavations or under, over, or in the progress, all materials delivered to the site, and all structures. Should such conditions materials and equipment involved in the Work until develop or be encountered, the water or completion and final acceptance of Work under this other fluid shall be controlled and suitably Contract. Excluded from Contractor's responsibility disposed of in accordance with local,state, is any loss or damage that results from the sole and federal law, rules and regulations, by active negligence of the CITY or its representatives. means of temporary pumps, piping, drainage lines and ditches, dams or other 1.04 PROTECTION OF EXISTING PROPERTY methods at the sole expense of the Contractor and approved by the CITY in A. Contractor shall so conduct its operations as not to writing. Refer to Special Conditions 01100 damage, close, or obstruct any utility installation, SUMMARY OF PROJECT and 02300 highway, road or other property until permits EARTHWORK for additional details and therefore have been obtained. If facilities are closed, requirements. obstructed, damaged or rendered unsafe by Contractor's operations, Contractor shall, at its 1.05 SECURITY PROGRAM expense, make such repairs and provide temporary guards, lights and other signals as necessary or A. Initiate program at project mobilization. required for safety and as will be acceptable to the CITY. B. Protect Work existing premises and CITY's operations from theft, vandalism, and B. Contractor shall conduct its operation so as not to unauthorized entry. damage any existing buildings or structures. The Contractor shall verify that means and methods of C. Maintain program throughout construction construction used inside, adjacent to, under or over period until Final Acceptance. existing buildings will not cause damage. The Contractor shall provide protection methods that are D. Refer to the CITY's Contract Documents acceptable to the CITY. for additional details, conditions and requirements. C. Unless otherwise specifically provided in the Contract,Contractor shall not do any work that would 1.06 ENTRY CONTROL disrupt or otherwise interfere with the operation of Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 01541-129 Security and Safety Procedures For Water Treatment Plant Projects Page 1685 of 1 06 0 A. Restrict entrance of persons and vehicles into Project B. Contractor will protect workers, site and existing facilities. inspectors and other related site personnel from injury. B. Allow entrance only to authorized persons with proper identification. C. Initiate program at project mobilization. C. Maintain log of workers and visitors;make available to D. Maintain program throughout CITY on request. construction period until CITY acceptance precludes the need for D. Maintain only one point of ingress / egress with a Contractor safety program. check-in point manned by a security service. E. Contractor's personnel and their E. Contractor will provide, monitor, and maintain lunch subcontractors shall wear reflective and break areas, restroom facilities, vehicle parking safety vests and hard hats at all times areas,material storage/staging areas,and equipment while working on the project site and storage areas. Contractor will provide a site plan for shall exercise care in performing approval prior to mobilization. duties under the Contract. When the cutting of materials is required, 1.07 PERSONNEL IDENTIFICATION personnel shall also wear protective eyewear and hearing protection. A. Contractor will perform or provide certification that they have performed criminal background checks on their PART 2-PRODUCTS-Not Used. personnel working on site,including all subcontractors. PART 3—EXECUTION-Not Used. B. Provide identification (ID) badge to each person authorized to enter premises. Badge will be worn in a highly visible location. END OF SECTION C. Badge to Include: Personal photograph, name and assigned number and employer. D. Maintain a list of authorized persons and submit copy to CITY on request. E. Require return of badges at expiration or termination of their employment. F. Contractor employees will wear common brightly solid colored "company"shirts for easy recognition. Visitors, sales people, suppliers, inspectors, and other similar personnel will wear similar brightly colored vests for easy identification. 1.08 SECURITY SERVICE A. Employ a licensed,uniformed,bonded patrol service equipped with radios or cell phones to provide surveillance of site on a to be determined hour basis. Security will be present at all times when Contractor's personnel are present, including deliveries, inspections, or when site work is being performed.ID's will be checked,license plates will be recorded, people will be logged in and out, and contents of delivery vehicles and delivered items will be verified. 1.09 RESTRICTIONS A. Do not allow cameras on site or photographs to be taken except by prior written approval of the CITY. 1.10 SAFETY PROGRAM A. Contractor will submit their safety program to demonstrate compliance with all applicable safety(OSHA)regulations. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 01541-130 Security and Safety Procedures For Water Treatment Plant Projects Page 1686 of 1 06 0 SECTION 01568-TEMPORARY EROSION AND SEDIMENTATION CONTROL PART 1 -GENERAL deteriorate and filter stone which is 1.01 DESCRIPTION dislodged shall be replaced. A. Scope of Work: 3.02 PERFORMANCE 1. The Work specified in this Section consists of A. Should any of the temporary erosion and designing,providing,maintaining and removing sediment control measures employed by the Contractor fail to produce results which temporary erosion and sedimentation controls as required by rules and regulations and permit comply with the requirements of the State of Florida, the CITY or Consultant, conditions. Contractor shall immediately take 2. Temporary erosion controls include, but are not whatever steps are necessary to correct limited to, grassing, mulching,setting,watering the deficiency at its own expense. and reseeding on-site surfaces and soil and burrow area surfaces and providing interceptor END OF SECTION ditches at ends of berms and at those locations which will ensure that erosion during construction will be either eliminated or maintained within acceptable limits as established by the CITY. 3. Temporary sedimentation controls include, but are not limited to silt dams,traps,barriers,and appurtenances at the foot of sloped surfaces which will ensure that sedimentation pollution will be either eliminated or maintained within acceptable limits as established by the CITY. 4. Contractor is responsible for providing effective temporary erosion and sedimentation control and leaving them installed at completion of the Work. B. Related Work Described Elsewhere: 1. Site Clearing: Section 02230 2. Sedimentation and Erosion Control: Section 02270. PART 2-PRODUCTS 2.01 SEDIMENTATION CONTROL A. Bales shall be clean,seed-free cereal hay type. B. Netting shall be fabricated of material acceptable to the CITY. C. Filter stone shall be crushed stone which conforms to Florida Department of Transportation (FDOT) specifications. D. Concrete block shall be hollow, non-load bearing type. E. Concrete shall be exterior grade not less than 1-inch thick. PART 3-EXECUTION 3.01 SEDIMENTATION CONTROL A. Install and maintain silt dams, traps, barriers, and appurtenances as shown on the approved descriptions and working drawings. Hay bales which Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1568-131 TEMPORARY EROSION AND SEDIMENTATION CONTROL Page 168:7 of 1 06 0 SECTION 01570—MAINTENANCE OF TRAFFIC PART 1 GENERAL during hours of low visibility to delineate traffic lanes and to guide traffic. 1.01 Contractor shall provide all labor,material and services to perform all operations required for 1.08 TRAFFIC SIGNS AND DEVICES the maintenance and protection of vehicular and pedestrian traffic in conformance to all A. At approaches to site and on site, install applicable FDOT laws and regulations and at crossroads, detours, parking areas, subject to acceptance and permits by Owner, and elsewhere as needed, to direct Palm Beach County and FDOT as applicable. construction and affected public traffic. The Contractor shall submit traffic control 1.02 REFERENCES through work zone plans based on FDOT Roadway and Traffic Design Standards, A. State of Florida Department of 2001 Edition(or latest edition). Transportation Standard Specifications for Road and Bridge Construction, B. Relocate as Work progresses, to Section 102, 2000 Edition (or latest maintain effective traffic control. edition) B. State of Florida Manual of Traffic Control 1.09 REMOVAL and Safe Practices for Street and Highway Construction, Maintenance and A. Remove equipment and devices when no Utility Operations longer required. C. The Manual of Uniform Traffic Control B. Repair damage caused by installation. Devices,latest edition 1.10 SPECIFIC TRAFFIC CONTROL D. CBB ROW Permit A. Contractor shall maintain through traffic 1.03 SUBMITTAL on all public roads at all times unless stated otherwise herein. A. Submit Traffic Control Plans, ROW Permit Applications and Construction B. Contractor shall maintain access to all Schedule to the Owner, Palm Beach vehicular driveways(public or private)at County(if applicable), and the FDOT (if all times. Contractor shall backfill and applicable)for review and acceptance 30 install temporary rock base as necessary days prior to the start of construction. in order to provide safe and functional access to all driveways. 1.04 SIGNS AND DEVICES C. Contractor shall coordinate with the A. Traffic Control and Informational Signs Police and Fire Departments for whom the Contractor will provide satisfactory B. Traffic Cones and Drums,and Lights access at all times. C. Traffic Controllers Equipment D. Contractor shall maintain, at the minimum, one travel lane, in each 1.05 CONSTRUCTION PARKING CONTROL direction, when performing work within the Palm Beach County Right-of-Way. A. Control vehicular parking to prevent 1.11 EXECUTION interference with public traffic and parking, access by emergency vehicles and Owner's operations. Contractor's A. The Contractor shall arrange its work to employee's personal vehicles shall NOT cause minimum disturbance to normal be parked "in and around" the project pedestrian and vehicular traffic;and shall site. Contractor's employee's personal be held responsible for providing and vehicles shall be parked at the storage maintaining suitable means of access yard. (including emergencies)to all public and private properties during all stages of the 1.06 TRAFFIC CONTROLERS construction. A. Provide trained and equipped traffic B. If it becomes necessary to block off an controllers to regulate traffic when entire street to vehicular traffic during construction operations encroach on construction (other than for an public traffic lanes. emergency situation), the Contractor must secure the written authorization of 1.07 LIGHTS the CITY and Palm Beach County or FDOT as acknowledged as a condition of A. Use approved barricades with lights the Right-of-Way (ROW) permit(s) prior Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1570-132 MAINTENANCE OF TRAFFIC Page 1688-ofl- 6 0 to completely blocking off the roadway. MEASUREMENT AND PAYMENT PROCEDURES. 1.12 UNIT PRICE—MEASUREMENT AND PAYMENT END OF SECTION A. Refer to Section 01025 - Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1570-133 MAINTENANCE OF TRAFFIC Page 1689 %5F 1 J-06 0 SECTION 01580-PROJECT IDENTIFICATION AND SIGNS B. Paint graphics in styles, sizes, and colors selected. PART 1 -GENERAL 3.02 MAINTENANCE 1.01 DESCRIPTION A. Maintain signs and supports in a neat, clean A. Scope of Work: condition; repair damages to structures, framing or signs. 1. Contractor shall furnish,install and maintain two(2) project signs. END OF SECTION 2. Contractor shall allow no other signs to be displayed. B. Related Requirements Described Elsewhere: 1. Summary of Project: Section SC01010. 1.02 PROJECT SIGNS A. One (1) painted sign with lettering, size, color and construction in accordance with the local requirements. B. Erect on each site at a location of high public visibility,as approved by the Consultant. C. Information to be included shall be as indicated on sample attached. 1.03 QUALITY ASSURANCE A. Sign Painter: Professional experience in type of work required. B. Finishes, Painting: Adequate to resist weathering and fading for three(3)year period. 1.04 SUBMITTALS A. An 11-inch by 17-inch color sketch of the Project sign shall be submitted to the Consultant for approval prior to final preparation of the project sign. PART 2-PRODUCTS 2.01 SIGN MATERIALS A. Structure and Framing: May be new or used, wood or metal, in sound condition, structurally adequate and suitable for specified finish. B. Sign Surfaces: Exterior softwood plywood with medium density overlay,standard large sizes to minimize joints. 1. Thickness: As required by standards to span framing members,to provide even,smooth surface without waves or buckles. C. Rough Hardware: Galvanized. D. Paint: Exterior quality. PART 3-EXECUTION 3.01 PROJECT IDENTIFICATION SIGNS A. Paint exposed surface of supports, framing and surface material; one coat of primer and one coat of exterior paint. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1580-134 PROJECT IDENTIFICATION AND SIGNS 06 C- U Q 0 T .V) Z z O _ C O LL `,� O N o O) U > H i U .Ln E (m E to O C)>1 (n LL F. � N (B U) O `O d U (n Q .0) a),z �— o � � OZ E °� is V 00) N J O O m � Y O c > co " Co cn cB 0) O � (D U) O LQ z ; x U :3U N zO �— ~ m Z co O N :3 o In T co �— O O O 7070 0 . Q -0 .- N (0 O� (� :3E E O D U N 0) 0) .N c m mco co F N W U LL n- U N ® .N co (j) a m „ J d Q W N o D w LLI ao -O '� N z ° z Z ° L O Q Q o v� 0Z ® Z 0LL3 CL U 0- ® z ° p z E :3 �w � w Q �_ O N �- 6 a) Q w oQ w O U > ® Zd UZd � m .0o 00 w U 2 O V m Co® N C)- N o +` o d. d � N O -2 (n 'v� m U m 0 SECTION 01600-MATERIAL AND EQUIPMENT PART 1 -GENERAL step or installation procedure unless specifically modified or exempted by 1.01 DESCRIPTION Contract Documents. A. Scope of Work: Material and equipment 1.03 TRANSPORTATION AND HANDLING incorporated into the Work: A. Contractor shall arrange deliveries of 1. Manufactured and fabricated products in accordance with progress products: schedules, coordinate to avoid conflict with work and conditions at the site. a. Design, fabricate and assemble in accord with the 1. Deliver products in undamaged best engineering and shop condition, in manufacturer's original practices. containers or packaging, with identifying labels intact and legible. b. Manufacture like parts of duplicate units to standard 2. Immediately on delivery, inspect sizes and gauges, to be shipments to assure compliance interchangeable. with requirements of Contract Documents and approved C. Two (2) or more items of the submittals, and that products are same kind shall be identical,by properly protected and undamaged. the same manufacturer. B. Contractor shall provide equipment and d. Products shall be suitable for personnel to handle products by methods service conditions. to prevent soiling or damage to products or packaging. e. Equipment capacities, sizes and dimensions shown or 1.04 STORAGE AND PROTECTION specified shall be adhered to unless variations are A. The Contractor shall furnish a covered, specifically approved in weather-protected storage structure writing. providing a clean, dry, non-corrosive environment for all mechanical 2. Do not use material or equipment equipment, valves, architectural items, for any purpose other than that for electrical and instrumentation which it is designed or specified. equipment, and special equipment to be incorporated into this Project. Storage or 1.02 MANUFACTURER'S INSTRUCTIONS FOR equipment shall be in strict accordance INSTALLATION with the"instructions for storage"of each equipment supplier and manufacturer A. When Contract Documents require that including connection of heaters, placing installation of Work shall comply with of storage lubricants in equipment, etc. manufacturer's printed instructions. Corroded, damaged or deteriorated Contractor shall obtain and distribute equipment and parts shall be replaced copies of such instructions to parties before acceptance of the Project. involved in the installation, including five Equipment and materials not properly (5)copies to the City. stored will not be included in a payment estimate. 1. Maintain one (1) set of complete instructions at the job site during B. Contractor shall store products in accord installation and until completion. with manufacturer's instructions, with seals and labels intact and legible. B. Contractor shall handle, install, connect, clean, condition and adjust products in 1. Store products subject to damage strict accord with such instructions and in by the elements in weather-tight conformity with specified requirements. enclosures. 1. Should job conditions or specified 2. Maintain temperature and humidity requirements conflict with within the ranges required by manufacturer's instructions, consult manufacturer's instructions. with Consultant for further instructions. 3. Store fabricated products above the ground, on blocking or skids, 2. Do not proceed with Work without prevent soiling or staining. Cover clear instructions. products which are subject to deterioration with impervious sheet C. Contractor shall perform work in coverings, provide adequate accordance with manufacturer's ventilation to avoid condensation. instructions. Do not omit any preparatory Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1600-136 MATERIAL AND EQUIPMENT Page 1692 of 1 06 0 4. Store loose granular materials in a equipment supplied under this Contract well-drained area on solid surfaces within seven(7)days after written notice to prevent mixing with foreign to do so has been given,the CITY retains matter. the right to correct all deficiencies noted in previously transmitted written notice C. All materials and equipment to be and deduct the cost associated with incorporated in the Work shall be these corrections from the Contractor's handled and stored by the Contractor Contract. These costs may be before, during and after shipment in a comprised of expenditures for labor, manner to prevent warping, twisting, equipment usage, administrative, bending, breaking,chipping, rusting,and clerical,engineering and any other costs any injury, theft or damage of any kind associated with making the necessary whatsoever to the material or equipment. corrections. D. Contractor shall store under a roof or off 1.05 STORAGE AND HANDLING OF the ground cement, sand and lime, and EQUIPMENT ON SITE shall be kept completely dry at all times. All structural and miscellaneous steel, A. Because of the long period allowed for and reinforcing steel shall be stored off construction, special attention shall be the ground or otherwise to prevent given to the storage and handling of accumulations of dirt or grease, and in a equipment on site. As a minimum, the position to prevent accumulations of procedure outlined below shall be standing water and to minimize rusting. followed by Contractor: Beams shall be stored with the webs vertical. Precast concrete beams shall 1. All equipment having moving parts be handled and stored in a manner to such as gears, electric motors, etc. prevent accumulations of dirt, standing and/or instruments shall be stored water, staining, chipping or cracking. in a temperature and humidity Brick, block and similar masonry controlled building approved by the products shall be handled and stored in a Consultant, until such time as the manner to reduce breakage, chipping, equipment is to be installed. cracking and spalling to a minimum. 2. All equipment shall be stored fully E. All materials,which, in the opinion of the lubricated with oil, grease, etc. Consultant, have become so damaged unless otherwise instructed by the as to be unfit for the use intended or manufacturer. specified, shall be promptly removed by the Contractor from the site of the Work, 3. Manufacturer's storage instructions and the Contractor shall receive no shall be carefully studied by the compensation for the damaged material Contractor and reviewed with the or its removal. Consultant by him. These instructions shall be carefully F. Contractor shall arrange storage in a followed and a written record of this manner to provide easy access for kept by the Contractor. inspection. Make periodic inspections of stored products to assure that products 4. Moving parts shall be rotated a are maintained under specified minimum of once weekly to insure conditions, and free from damage or proper lubrication and to avoid deterioration. metal-to-metal "welding". Upon installation of the equipment, the F. Protection After Installation: Contractor Contractor shall start the shall provide substantial coverings as equipment, at least half the load, necessary to protect installed products once weekly for an adequate period from damage from traffic and subsequent of time to insure that the equipment construction operations. Remove does not deteriorate from lack of covering when no longer needed. use. H. The Contractor shall be responsible for 5. Lubricants shall be changed upon all material,equipment and supplies sold completion of installation and as and delivered to the CITY under this frequently as required thereafter Contract until final inspection of the Work during the period between and acceptance thereof by the CITY. In installation and acceptance. the event any such material, equipment Mechanical equipment to be used in and supplies are lost,stolen,damaged or the Work, if stored for longer than destroyed prior to final inspection and ninety (90) days, shall have the acceptance,the Contractor shall replace bearings cleaned, flushed and same without additional cost to the CITY. lubricated prior to testing and startup,at no extra cost to the CITY. I. Should the Contractor fail to take proper action on storage and handling of 6. Prior to acceptance of the Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1600-137 MATERIAL AND EQUIPMENT Page 1699 of 06 equipment, the Contractor shall have the manufacturer inspect the equipment and certify that its condition has not been detrimentally affected by the long storage period. Such certifications by the manufacturer shall be deemed to mean that the equipment is judged by the manufacturer to be in a condition equal to that of equipment that has been shipped, installed, tested and accepted in a minimum time period. As such, the manufacturer will guarantee the equipment equally in both instances. If such a certification is not given, the equipment shall be judged to be defective. It shall be removed and replaced at the Contractor's expense. 1.06 SPARE PARTS A. Spare parts for certain equipment provided under Divisions 11: Equipment; 13: Special Construction; 15: Mechanical; and 16: Electrical have been specified in the pertinent sections of the Technical Specifications. The Contractor shall collect and store all spare parts so required in an area to be designated by the Consultant. In addition, the Contractor shall furnish to the Consultant an inventory listing all spare parts, the equipment they are associated with, the name and address of the supplier, and the delivered cost of each item. Copies of actual invoices for each item shall be furnished with the inventory to substantiate the delivered cost. 1.07 GREASE, OIL AND FUEL A. All grease,oil and fuel required for testing of equipment shall be furnished with the respective equipment. The CITY shall be furnished with a year's supply of required lubricants including grease and oil of the type recommended by the manufacturer with each item of equipment supplied. B. The Contractor shall be responsible for changing the oil in all drives and intermediate drives of each mechanical equipment after initial break-in of the equipment, which in no event shall be any longer than three (3) weeks of operation. PART 2-PRODUCTS(NOT USED) PART 3-EXECUTION(NOT USED) END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1600-138 MATERIAL AND EQUIPMENT 06 0 SECTION 01630-SUBSTITUTIONS AND PRODUCT OPTIONS PART 1 —GENERAL one product and manufacturer, there is no option and no substitution will be 1.01 REQUIREMENTS INCLUDED allowed. A. Contractor shall furnish and install 1.05 SUBSTITUTIONS products specified under options and conditions for substitutions stated in this A. Within a period of thirty (30) days after Section. award of Contract, City will consider formal requests from the Contractor for 1.02 RELATED REQUIREMENTS substitution of products in place of those specified: A. Information for Bidders and General Conditions. 1. After the end of that period, the request will be considered only in B. Section SCO1410: Testing Laboratory case of product unavailability or Services. other conditions beyond the control of the Contract Documents: C. Section SCO1650: Start-up. B. Submit a separate request for each D. Section SCO1700: Contract Closeout. substitution. Support each request with: 1.03 PRODUCTS LISTED 1. Complete data substantiating compliance of the proposed A. Within thirty (30) days after award of substitution. Support each request Contract, submit to City six(6)copies of with: complete list of major products which are proposed for installation. a. Product identification, including manufacturer's name B. Tabulate products by specification and address. section number and title. b. Manufacturer's literature; C. For products specified only by reference identify: standards, list for each such product: 1) Product description. 1. Name and address of manufacturer. 2) Reference standards. 2. Trade name. 3) Performance and test 3. Model or catalogue designation. data. 4. Manufacturer's data: C. Samples,as applicable. a. Reference standards. b. Performance test data. d. Name and address of similar projects on which product has 1.04 CONTRACTOR'S OPTIONS been used, and the date of each installation. A. For products specified only by reference standard, select product meeting that 2. Itemized comparison of the standard, by any manufacturer. proposed substitution with product specified;list significant variations. B. For products specified by naming several products or manufacturers, select any 3. Data relating to changes in the one of those products and manufacturers construction schedule. named which complies with Specifications. 4. Any effect of the substitution on separate contracts. C. For products specified by naming only one or more products or manufacturers 5. List of changes required in other and stating"or equal",select one of those work or products. named products or manufacturers. After award of Contract, submit a request as 6. Accurate cost data comparing for substitutions, for any product or proposed substitution with product manufacturer which is not specifically specified. named. 7. Designation of required license fees D. For products specified by naming only or royalties. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1630-139 SUBSTITUTIONS AND PRODUCT OPTIONS Page 1 695 of 06 0 8. Designation of availability of 5. It will pay all costs, resulting under maintenance services and sources separate contracts, which result of replacement materials. from the substitution. C. Substitutions will not be considered for 6. It will pay all engineering costs for acceptance when: redesign or revision of the Contract Documents. 1. They are indicated or implied on Shop Drawings or product data 7. Cost data is complete and includes submittals without a formal request related costs under this Contract, from Contractor. but not: 2. They are requested by anyone a. Costs under separate other than Contractor. contracts. 3. Submitted without data relating to b. Consultant's costs of redesign changes in construction schedule. or revision of Contract 4. Any effect of substitution on Documents. separate contracts is not included. 1.07 CONSULTANT DUTIES 5. A list of changes required in other work or products is not included. A. Review Contractor's requests for substitutions with reasonable 6. Accurate cost data comparing promptness. proposed substitution with product specified is not included. B. Notify Contractor in writing of decision to accept or reject requested substitution. 7. Designation of required license fees or royalties is not included. PART 2—PRODUCTS (NOT USED) 8. Designation of availability of maintenance services, sources of PART 3—EXECUTION (NOT USED) replacement materials is not included. END OF SECTION 9. Acceptance will require substantial revision of Contract Documents. D. Substitute products shall not be ordered or installed without written acceptance of Consultant. E. City will determine the acceptability of proposed substitutions. Contractor shall pay all costs associated with Consultant's review. 1.06 CONTRACTOR'S REPRESENTATION A. In making formal request for substitution Contractor represents that: 1. It has investigated the proposed product and has determined that it is equal to or superior in all respects to that specified. 2. It will provide same warranties or bonds for substitution as for product specified. 3. It will coordinate installation of accepted changes as may be required for the Work to be complete in all respects. 4. It waive claims for additional costs caused by substitution which may subsequently become apparent. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1630-140 SUBSTITUTIONS AND PRODUCT OPTIONS Page 1696 of 1 06 0 SECTION 01650-START-UP PART 1 -GENERAL 3.02 START UP 1.01 DESCRIPTION A. Confirm that all equipment is properly energized,that the valves are set to their A. Scope of Work: Contractor shall normal operating condition and that the demonstrate to CITY and City that the flow path through the new work is Work functions as a complete and unobstructed. operable system under normal and emergency operating conditions. B. Slowly fill each hydrostatic structure in the process flow stream with water. B. Related Work Described Elsewhere: C. Initiate start up in accordance with the 1. Progress Schedules: Section plant operation and maintenance SC01310. manual. 2. Contract Closeout:Section D. Observe the component operation and SC01700. make adjustments as necessary to optimize the performance of the Work. 3. Operating and Maintenance Data: Section SC01730. E. Coordinate with CITY for any adjustments desired or operational PART 2-PRODUCTS problems requiring debugging. 2.01 START-UP PLAN F. Make adjustments as necessary. A. Submit for City approval a detailed Start- 3.03 START-UP DEMONSTRATION AND Up Plan outlining the schedule and TESTING sequence of all tests and start-up activities, including training and A. After all Work components have been equipment manufacturer representative constructed,field tested and started-up in visits. Start-up and commissioning may accordance with the individual not begin until the plan is approved. specifications and manufacturer requirements, perform the Start-Up PART 3-EXECUTION Demonstration and Testing in the presence of the Consultant and the CITY. 3.01 COMPONENT TEST AND CHECK-OUT The demonstration shall be held upon completion of all systems at a date to be A. Start-up Certification: Prior to system agreed upon in writing by the CITY or his start-up, Contractor shall successfully representative. complete all the testing required of the individual components of the Work. B. The start-up testing will be conducted for Submit five (5) copies of CHECK-OUT seven (7) consecutive days. The Work MEMO signed by Contractor or must operate successfully during the subcontractor and the manufacturer's seven (7) day testing period in the representative. All copies of the manner intended. If the Work does not Operation and Maintenance Manuals operate successfully, or if the start-up is must be provided before start-up may interrupted, the problems will be begin. These forms shall be completed corrected and the test will start over from and submitted before Instruction in day one. Operation to CITY or a request for final inspection. C. During the start-up demonstration period, operate the Work, instruct designated B. Demonstrate to the City that all plant operating personnel in the function temporary jumpers and/or bypass have and operation of the work, and cause been removed and that all of the various operational circumstances to components are operating under their occur. As a minimum, these own controls as designated. circumstances will include average and peak daily flows, random equipment C. Coordinate start up activities with the failures, tank overflows, surcharges and CITY's operating personnel and with the bypasses. Demonstrate the essential Consultant prior to commencing system features of the equipment and its start-up. relationship to other equipment. Prior to the substantial completion, the D. Provide seventy-two (72) hour notice of Contractor shall submit a detailed intent to start-up. schedule of operational circumstances. Coordination of the various contract Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1650-141 START-UP Page 169:7 of 1 06 0 schedules will be accomplished through a. Electrical power equipment. the Consultant. b. Motor control centers. D. Acceptability of the Work's performance will be based on the Work performing as C. Motor control devices. specified, under these actual and simulated operating conditions as d. Relays. defined in the Contract Documents. The intent of the start-up demonstration and e. Special transformers. testing is for the Contractor to demonstrate to the CITY and the f. Starting devices. Consultant that the Work will function as a complete and operable system under 2. Lighting fixtures (including normal as well as emergency operating relamping and replacing lenses). conditions and is ready for acceptance. a. Exit and safety fixtures. E. Demonstrate the essential features of all the mechanical systems including, but b. Fixtures, indoor and outdoor. not limited to,the following as they apply to the Work. Each system shall be C. Floodlighting. demonstrated once only, after completion of testing. 3. Panelboards. 1. Variable frequency drives a. Distribution panels. b. Lighting panels. 2. Chlorination equipment C. Main panels, power panels. 3. Recarbonation System d. Switchboard. 4. Control Systems 4. Transfer switch. 5. Relocated Pumping Systems 5. Wiring devices. 6. Valves a. Face plates. 7. Ventilation system b. Low-voltage controls. C. Outlets: convenience, special 8. Air conditioning system purpose. d. Switches: regular,time. 9. Security system G. Certificate of Completed Demonstration Form F. Demonstrate the essential features of all (Section 00866): Submit five (5) copies of electrical systems including, but not Certificate of Completed Demonstration, limited to, the following as they apply to signed by the Contractor, Subcontractor and the work: CITY and insert one (1) copy in each Operation and Maintenance Manual. 1. Electrical systems controls and equipment. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1650-142 START-UP Page 1698 %5F 1 J-06 0 SECTION 01700-CONTRACT CLOSEOUT PART 1 -GENERAL completeness of the Project and readiness of the facility for 1.01 DESCRIPTION occupancy. A. Scope of Work: Contractor shall comply 2. Prepare and deliver to CITY a with requirement stated in Conditions of Certificate of Substantial the Contract and in specifications for Completion with the punchlist of administrative procedures in closing out items to be completed or corrected the Work. before final inspection. B. Related Requirements Described 1.03 FINAL INSPECTION Elsewhere: A. Prior to Contractors request for a final 1. Cleaning: Section SCO1710 inspection the following submittals and Work must be complete: 2. Project Record Documents:Section 1. Project Record Documents must be SCO1720 approved. 3. Operating and Maintenance Data: 2. Equipment and systems have been Section SC01730 tested in the presence of the CITY's 4. Warranties and Bonds: Section representative and are operational SC01740. and training,when applicable. 1.02 SUBSTANTIAL COMPLETION 3. All punchlist items have been corrected. A. The Work will not be substantially B. The City will, within reasonable time, complete, and Contractor may not make an inspection to verify the status of request substantial completion completion with reasonable promptness inspection unless the following after receipt of Contractor's request. submittals and work is completed: 1. All work specified herein and shown C. Should the City consider that the Work is on the drawing is complete. incomplete or defective: 2. Project Record Documents have 1. The City will promptly notify the been submitted and reviewed to the Contractor in writing, listing the requirements of Section SC01720. incomplete or defective work. 3. All deficiencies noted on inspection 2. Contractor shall take immediate reports or non-conformances are steps to remedy the stated corrected or the correction plan deficiencies, and send another approved. written certification to the Consultant that the Work is 4. Contractor to submit evidence of complete. compliance with the requirements of 3. The City will within a reasonable governing authorities. amount of time, reinspect the Work B. When the conditions of paragraph 1.02 and the Contractor shall be liable for A. are met the Contractor shall submit to reinspection fees as described in the Consultant: paragraph 1.04. 1. A written notice that it considers the D. When the City finds that the Work is Work, or portion thereof, is acceptable under the Contract substantially complete,and request Documents, the Contractor may make an inspection. closeout submittals. C. Within a reasonable time after receipt of 1.04 REINSPECTION FEES such notice,the Consultant will make an A. Should the City perform reinspections inspection to determine the status of due to failure of the Work to comply with completion. the claims of status of completion made D. When the Consultant finds that the Work by the Contractor: is substantially complete,Consultant will: 1. Contractor will compensate the 1. Attend a Substantial Completion CITY for such additional services. walk-through of the facility to 2. CITY will deduct the amount of such include the CITY, Contractor and compensation from the final Consultant and/or Engineer of payment to the Contractor. Record to determine the Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1705-143 CONTRACT CLOSEOUT Page 1699 of 1 06 0 4. Previous payments. 1.05 CONTRACTOR'S CLOSEOUT SUBMITTALS 5. Sum remaining due. A. Warranties and Bonds: To requirements of Section SC01740. C. City will prepare a final Change Order, reflecting approved adjustments to the B. Evidence of Payment and Release of Contract Sum which were not previously Liens: To requirements of General and made by Change Orders. Supplementary Conditions. 1.07 FINAL APPLICATION FOR PAYMENT C. Certificate of Insurance for Products and Completed Operations. A. Contractor shall submit the final Application for Payment in accordance D. Final Application for Payment with procedures and requirements stated in the Conditions of the Contract. E. Certificate of Substantial Completion. 1.08 RECORD DOCUMENT SUBMITTAL F. Certificate of Final Inspection, Testing, REQUIREMENTS and Acceptance A. Submit data on 8 '/z x 11inch pages in G. Closeout of all applicable permits: three-ring binders with durable covers. 1. State or other jurisdictional permits (as applicable): B. Prepare binder cover and binder spine a. FDOT with printed title"RECORD DOCUMENT b. LWDD MANUAL", title of project, and subject C. SFWMD matter of binder when multiple binders d. USACE are required. e. FEC f. CSX C. Internally subdivide the binder contents 2. PBC ROW/MOT with permanent page dividers and tabs. 3. PBC Health Department 4. PBC Building Department D. Contents: Prepare a Table of Contents 5. City of Boynton Beach — Right-of- as follows: Way(ROW) 6. City of Boynton Beach Building 1. Part 1: Directory, listing names, Department addresses,and telephone numbers of Engineer, Contractor, 1.06 FINAL ADJUSTMENT OF ACCOUNTS Subcontractors and major equipment suppliers. A. Submit a final statement of accounting to 2. Part 2: Project documents and the City. certificates, including the following: a. Certificate of Substantial B. Statement shall reflect all adjustments to Completion with signed-off the Contract Sum: Substantial Completion punchlist. 1. The original Contract Sum. b. Certificate of Final Acceptance. 2. Additions and deductions resulting C. Warranty of Title,form WT-1 from: d. Final Release of Lien e. Pre- and Post-construction a. Previous change orders or videos and photographs on written amendment. DVD or CD. f. Certifications of closeout of all b. Allowances. applicable permits (NPDES, PBC Health Department, C. Unit prices. SFWMD, LWDD, PBC or CBB Building Permits,etc.) d. Deductions for uncorrected work. E. Submit Operation and Maintenance(O& M)Manuals for all equipment. The O&M e. Deductions for liquidated Manuals shall include the following damages. information: a. Manufacturer's name,address,and f. Deductions for reinspection telephone number. payments. b. List of equipment C. Parts list for each component g. Other adjustments. d. Operating instructions e. Maintenance instructions for 3. Total Contract Sum,as adjusted. equipment and systems. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1705-144 CONTRACT CLOSEOUT Page lFee of 06 F. Submit to the CITY,one(1)draft copy of the RECORD DOCUMENT MANUAL fifteen (15) days prior to the request for Final Inspection, Testing and Acceptance. This copy will be reviewed and returned prior to Final Inspection, Testing and Acceptance,with the CITY's comments. Revise content of all document sets as required. G. Submit one(1)revised FINAL RECORD DOCUMENT MANUAL and six (6) sets for all Operation and Maintenance Manuals,within ten(10)days after Final Inspection,Testing and Acceptance. . PART 2-PRODUCTS(NOT USED) PART 3-EXECUTION 3.1 CLOSEOUT PROCEDURES A. Submit written certification that the Work has been completed in accordance with Contract Documents and is ready for the Substantial Completion and/or Final Completion walk-throughs. B. Provide submittals to the CITY that are required by governing or permitting authorities such as Palm Beach County Health Department, Palm Beach County Traffic/Land Development, FDOT,etc. in order to closeout the project. C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and full release of retainage. D. Final payment and release of retention with NOT be made until the RECORD DOCUMENT MANUALS, Operation and Maintenance Manuals, and the"AFTER" photographic survey, video, and photographs on DVD/CD have been received and accepted by the CITY. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1705-145 CONTRACT CLOSEOUT 06 0 SECTION 01705-RECORD DRAWING REQUIREMENTS A. The Contractor shall maintain full size PART 1 GENERAL (24"x36") field drawings to reflect the installed/accepted items of work as the 1.01 The terms "Record Drawing" and "As-Built Work progresses. Upon completion of Drawing"shall be synonymous. However,it is the Work,the Contractor shall submit two the CITY's preference to refer to these (2) sets of full size, signed and sealed drawings as"Record Drawings". The Record Record Drawings and one(1)CD or DVD Drawings are prepared by the Contractor and with the electronic PDF and AutoCAD are used to document the actual construction files(AutoCAD 2010 or newer format).All and other conditions noted in the Contract Record Drawings shall be generated with Documents. AutoCAD, and conversions from any other CAD platform to AutoCAD once the 1.02 REQUIREMENTS INCLUDE drawings are finished are not allowed. Points collected shall be generated with A. Contractor shall maintain at the site, a AutoCAD Land Desktop or AutoCAD record copy of: Civil 3D. An electronic set of the design drawings(including all pertinent XREF's, 1. Drawings CTB files, images, etc.)will be furnished to the Contractor by the design engineer 2. Approved Shop Drawings, Product at no cost. Data and Samples B. Contractor shall label each document, 3. Field Test Records "PROJECT RECORD DRAWING" in neat large printed letters, or by rubber 1.03 RELATED SECTIONS: stamp. A. Measurement and Payment — Section C. Contractor shall maintain documents in a SCO1025 clean, dry, legible condition and in good order. Do not use record documents for B. Shop Drawings, Work Drawings, and construction purposes. Samples—Section SC01340 D. Record information must be created C. Testing Laboratory Services — Section concurrently with construction progress. SCO1410 Contractor shall not conceal any work until required information is recorded. D. Substitutions and Product Options — E. Contractor shall make documents and Section SCO1630 samples available for inspection by CITY 1.04 RELATED REQUIREMENTS and CONSULTANT at all times. A. The completed final Record Drawings 1.06 RECORD DRAWINGS shall be certified by a Florida Registered A. Survey/GPS Points: All points shall be Land Surveyor. This certification shall collected via NAD83 FL State Plane consist of the surveyor's embossed seal coordinates and elevations collected via bearing his/her registration number, the the NAVD88 vertical datum. All drawings surveyor's signature and date (of the shall be in the proper coordinate base, survey)on each sheet of the drawing set coordinates shall be called out on the (including the cover and key sheet). drawings, and all field collected data shall Standard Detail sheets are not required be submitted in comma delimited text to be included in the Record Drawing set. electronic format. In addition, all Record Drawing sheets shall list the company name, business B. Record Drawings shall include complete address, and telephone number of surveyor. Additionally, the Record as installed information including paving Drawings shall meet all Minimum and drainage relative to pavement location; Technical Standards (MTS) concrete curb; gutter and sidewalks; requirements. elevations of surface drainage flows to insure proper routings of storm water B. AutoCAD computer generated progress runoff,location of inlets,manholes,outfalls, Record Drawings are required to be endwalls and control structures;as well as submitted with each Application for pipe inverts, top of grates, rim elevations, Payment. and other features that were constructed in the Project. New sidewalks and new or 1.05 MAINTENANCE OF RECORD DRAWINGS replaced driveway aprons shall be shown on final record drawings with actual as-built dimensions. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1705-146 RECORD DRAWING REQUIREMENTS Page 11:782 of 06 0 C. The Record Drawings shall include complete as installed information of the a. Structure types, location with utility systems, (water,sanitary sewer and grade of rim and flow-line storm water systems) including service elevations. laterals, sample points, valves, backflow preventers, information relative to location b. Piping system type (water of manholes, valve pits (enclosures), wet main, gravity sewer, etc.), wells,lift stations,as well as the inverts and length,size and elevations. rim elevations,and any other features that were either constructed as part of the C. Utility type, length, size and project or discovered during the elevation in conflict structures construction of the project.Any and all As- Built utilities that vary from the design d. All maintenance access drawing set shall be moved spatially to its structures, valve pits, valves correct locations and reflected accordingly and hydrants within right-of in the AutoCAD, PDF, and hard copy way. Record Drawings. e. Critical spot elevations at high D. Dimensional ties to water lines shall be or low intersections and the provided, both horizontal and vertical,at a midpoint of all intersections. minimum of every 200 linear feet(If). Each water line dimensional tie shall include f. Sewer laterals. centerline stationing and be referenced to the nearest edge of roadway paving with 2. Pavement Marking and Signing elevation of the top of the pipe. Plans: Sign location where installed if different from plans. E. Contractor's Record Drawings shall include the key sheet/key map with exact I. Record Drawing shall include the following system pipe line and valve locations criteria at a minimum. indicated including GPS coordinates. 1. Record Drawings of water lines F. Computer generated Record Drawings shall include the following shall be submitted;data in tabular form will information: not be accepted. a. Top of pipe elevations and G. Additionally, Station & Offset and GPS horizontal location every 100 coordinates certified by the surveyor,shall linear feet(If). be provided for: b. Separation callouts between 1. Water Mains (including raw water water main, sanitary sewer as applicable): Valves, fittings, fire mains and laterals, reclaimed hydrants,permanent sample points, water and storm drainage service taps and meters. piping and structures. 2. Sanitary Sewers: - Manholes and C. Final elevations of surface cleanouts. feature including roadway crown, edge of pavement 3. Stormwater systems: Inlets, (roadway and sidewalk) and manholes and outfalls (including swale elevations every 200 MES). liner feet(If). 4. Force Mains:Valves and fittings. d. Station and Offset, GPS locations and elevations of 5. Reuse Mains: Valves, fittings, fittings, valves, fire hydrants, permanent sample points, service permanent sample points and taps and meters. water service taps and meters. 6. Wellfields:Wellheads and valves e. All tie-ins to existing lines shall be shown in an enlarged detail 7. General: Street light poles, hand- of the tie-in configuration. holds and pull boxes f. All water services H. Representative items of work that shall be shown on the Record Drawings as verified, 2. Record Drawings of all gravity changed or added are shown below: sanitary sewer lines include the following information: 1. Plans: a. Rims, inverts and length of piping between structures as well as slopes. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1705-147 RECORD DRAWING REQUIREMENTS Page 1:789 of 1 06 0 b. Rock elevations shall be taken b. Separation callouts between at all locations where there is a water main, sanitary sewer finish grade elevation shown mains and laterals and storm on the design plans. drainage piping and structures. c. All catch basin and manhole rim /grate elevations shall be C. The stub ends of all sewer shown. laterals shall be located via GPS and if there are any d. Elevations around island areas cleanouts installed on the are required. sewer laterals then the invert elevation of these cleanouts e. As constructed elevations need to be obtained. shall be taken on all paved and unpaved swales prior to d. Lift station Record Drawings placement of asphalt and/or shall consist of top of wet well topsoil/sod, at enough elevation, invert elevation of intermediate points to confirm the incoming line, bottom of slope consistency and the wet well and of the conformance to the plan compound area. details. 3. Force main Record Drawings shall 7. Lake and canal bank Record be prepared the same as the water Drawings shall include a key sheet line Record Drawings. of the lake for the location of cross sections. Lake and canal bank 4. Reclaimed water Record Drawings cross sections shall be plotted at a shall be prepared the same as the minimum of every 100 linear feet(If) water line Record Drawings. and the top and bottom of slope/edge of water around the lake 5. Record Drawings of all storm water or canal, unless otherwise drainage systems shall include the specified. Record Drawings shall following information: consist of the location and elevation of the top of bank,edge of water and a. Structures, grate elevations, the deep cut line, with the distance inverts and diameter and between each shown on the length of pipe line between drawing. If there are contours structures, type of drainage indicated on the design plans,then system (conveyance and/or they shall be recorded as well. exfiltration) and weir elevations if applicable. a. Retention area Record Drawings elevations shall be b. Separation callouts between taken at the bottom of the water main, sanitary sewer retention area and at the top of mains and laterals and storm bank. If there are contours drainage piping and indicated on the design plans, structures. then they shall be recorded as well. C. Cross section (ROW to ROW) every 50 feet or critical change b. If a change is made via field in elevation and at each inlet order or deviation to any showing sidewalk, inlet grate structure, pipeline, etc., a new and/or top and bottom of location shall be noted on the swale/slope,edge of roadway, Record Drawings. The roadway crown, edge of Consultant may request roadway, grate and sidewalk additional Record Drawing elevations. information to verify horizontal or vertical locations. 6. All rock and asphalt Record Drawings for parking lot, roadways 1.07 SUBMITTAL and swales areas shall consist of the following: A. Record Drawings - As a condition precedent to the Contractor's request for a. Rock elevations at all high and Substantial Completion Inspection, the low points, and at enough Contractor shall furnish to CITY a intermediate points to confirm complete set of full size paper prints, slope consistency and every marked-up Record Drawings with 50'for roadways. "RECORD DRAWINGS" clearly printed on each sheet for review and approval and acknowledge the receipt of marked Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1705-148 RECORD DRAWING REQUIREMENTS Page 1:784 of 1 06 0 up plans, comments that shall be record data must be added to the addressed before Final Completion. If legend and shown on each there was no change to the drawing, it plan/profile sheet. shall be marked"RECORD DRAWING— NO CHANGE" All final Record Drawing D. The electronic files submitted must be in sheets shall be certified, signed and PDF and AutoCAD 2010 or newer format. sealed by the Contractor's surveyor. All digital files are to be copied on CD or DVD. All fonts and line types shall be from B. Additionally, the Contractor shall certify the standard AutoCAD library. Any by stamping and signing each Record attachments to drawings (i.e., XREFs, Drawing sheet indicating the fact that it Images, CTB files, or any such attached has been reviewed and accepted. files) shall be written to CD or DVD. Original layer states shall be saved in C. Initially, two (2)signed and sealed paper AutoCAD prior to making any changes to prints are to be submitted to the Project drawings using the Layer State Manager Manager for review. Following review by under the Layer Properties Manager the Consultant and CITY, any comments dialog box. As a minimum requirement, are to be addressed. On final submission, electronic files must include all features the following items shall be provided: that were shown on the approved construction plans. 1. Two (2) sets of signed and sealed drawings (24 in. x 36 in.). If sent by E. When identified on the Schedule of Bid mail or courier,the drawings shall be Items as a separate pay item, Record packaged in properly sized shipping Drawings shall be paid for once the tubes. FINAL project Record Drawings have been submitted to and accepted by the 2. PDF and AutoCAD electronic files CITY and CONSULTANT. on CD or DVD. All proposed data must be crossed out and the computer generated As-Built data PART 2 PRODUCTS-Not Used. must be easily identified and put on AutoCAD layers other than those PART 3 EXECUTION-Not Used. used by the Design Engineer, with the text "ASB" preceding the layer name.A bold or different font and line END OF SECTION weight may be used. A sample of Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1705-149 RECORD DRAWING REQUIREMENTS Page 11 FIB, 1 06 0 SECTION 01710—CLEANING PART 1 -GENERAL needed and dispose of at legal disposal areas away from the site. 1.01 DESCRIPTION C. Contractor shall coordinate and A. Scope of Work: Contractor shall execute cooperate with the CITY for the routine cleaning,during progress of the Work and collection of garbage, debris and recycle at completion of the Work. materials by assuring access to oversized vehicles. If access to the property owner 1.02 DISPOSAL REQUIREMENTS pick-up points,Contractor shall gather the collection bins, stage them in a pick-up area and then return to the individual A. Contractor shall conduct cleaning property owners after the garbage and/or and disposal operations to comply with recycle has been picked-up. codes, ordinances, regulations, and anti- pollution laws. 3.02 DUST CONTROL PART 2-PRODUCTS A. Clean interior spaces prior to the start of finish painting and continue cleaning on 2.01 MATERIALS an as-needed basis until paint is finished. A. Use only those cleaning materials B. Schedule operations so that dust and which will not create hazards to health other contaminants resulting from or property and which will not damage cleaning process will not fall on wet or surfaces. newly-coated surfaces. B. Use only those cleaning materials and 3.03 FINAL CLEANING methods recommended by manufacturer of the surface material to be cleaned. A. Employskilled workmenforfinal cleaning. C. Use cleaning materials only on surfaces B. Remove grease, mastic,adhesives,dust, recommended by cleaning material dirt, stains, fingerprints, labels, and other manufacturer. foreign materials from sight- exposed interior and exterior surfaces. PART 3-EXECUTION C. Prior to final completion, or Owner 3.01 DURING CONSTRUCTION occupancy, Contractor shall conduct an inspection of sight-exposed interior and A. Execute daily cleaning to keep the exterior surfaces and all work areas, to Work, the site and adjacent properties verify that the entire Work is clean. free from accumulations of waste materials, rubbish and windblown debris, END OF SECTION resulting from construction operations or personal activities. B. Remove waste materials, debris and rubbish from the site as Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1710-150 CLEANING Page 1:78 6 0 SECTION 01720-PROJECT RECORD DOCUMENTS PART 1 -GENERAL 1. Do not conceal any work until 1.01 IN-PROGRESS PROJECT RECORD required information is recorded. DOCUMENTS C. Drawings: Legibly mark to record actual A. All dimensions and annotations that are construction: noted below shall be included on the 1. Depths of various elements of progress and final Record Drawings. Contractor shall maintain on site one (1) foundation in relation to finish first record copy for the Consultant of the floor datum. following as it progresses: 2. Location of existing internal utilities 1. Drawings: and appurtenances concealed in the construction, referenced to a. Trench bottom elevations visible and accessible features of the structure. b. Top of bedding (when imported bedding is required) 3. Field changes of dimension and detail. C. Pipe invert at each structure 4. Changes made by Field Order or by d. Station and off-set Change Order. measurements including grate 5. Details not on original Contract elevations for structures. Drawings. e. GPS coordinates/notations 6. Equipment and piping relocations. f. Mapping of all soil density test results(pass and fail) D. Specifications and Addenda: Legibly mark each section to record: 2. Specifications 1. Manufacturer, trade name, catalog 3. Addenda. number of Supplier of each product and item of equipment actually 4. Change Orders and other installed. modifications of the Contract. 2. Product substitutions and alternates 5. Consultant's Field Orders or written utilized. instructions. 3. Changes made by Field Order or by 6. Approved Shop Drawings, Working Change Order. Drawings and Samples. 1.02 SUBMITTAL 7. Field Test records. A. At Contract closeout, deliver Record 8. Maintenance of Traffic(MOT)Plans Documents to the Consultant for the CITY. 9. Construction photographs. B. Accompany submittal with transmittal B. Related Requirements Described letter in duplicate,containing: Elsewhere: 1. Date. 1. Field Engineering: Section SC01050. 2. Project title and number. 2. Shop Drawings, Working Drawings 3. Contractor's name and address. and Samples: Section SC01340. 4. Title and number of each Record 3. Construction Photographs: Section Document. SC01380. 5. Signature of Contractor or his 4. Video and Photographic Site authorized representative. Survey: Section SCO1390 PART 2-PRODUCTS(NOT USED) 1.02 RECORDING PART 3-EXECUTION(NOT USED) A. Label each document "PROJECT RECORD"in neat large printed letters. END OF SECTION B. Record information concurrently with construction progress. Bid No.079-2821-21-PRE-CHLORINATED PIPE BURSTING SCO1720-151 PROJECT RECORD DOCUMENTS Page 1:78:7 of 1 06 0 SECTION 01730-OPERATING AND MAINTENANCE DATA PART 1 -GENERAL a. Provide reinforced 1.01 DESCRIPTION punched bindertab,bind in with text. A. Scope of Work: b. Reduce larger drawings 1. Contractor shall compile product data and fold to size of text and related information appropriate pages but not larger than for CITY's maintenance and 14 inches x 17 inches. operation of products furnished under Contract. 5. Provide fly-leaf for each separate product, or each piece of operating a. Prepare operating and equipment. maintenance data as specified in this Section and as a. Provide typed description of referenced in other pertinent projects and major component sections of Specifications. parts of equipment. 2. Contractor shall instruct CITY's b. Provide identified tabs. personnel in maintenance of products and in operation of equipment and 6. Cover: Identify each volume with systems. typed or printed title "OPERATING AND MAINTENANCE B. Related Requirements Described INSTRUCTIONS". List: Elsewhere: a. Title of Project. 1. Contract Closeout:Section SCO1700 b. Identity of separate structure as 2. Project Record Documents: Section applicable. SCO1720 C. Identity of general subject 1.02 QUALITY ASSURANCE matter covered in the manual. A. Preparation of data shall be done by C. Binders: personnel: 1. Commercial quality three-post 1. Trained and experienced in binders with durable and cleanable maintenance and operation of plastic covers. described products. 2. Maximum post width:2 inches. 2. Familiar with requirements of the Section. 3. When multiple binders are used, correlate the data into related 3. Skilled as technical writer to the consistent groups. extent required to communicate essential data. 1.04 CONTENT OF MANUAL 4. Skilled as draftsman competent to A. Neatly typewritten table of contents for prepare required drawings. each volume, arranged in systematic order. 1.03 FORM OF SUBMITTALS 1. Contractor, name of responsible A. Prepare data in form of an instructional principal, address and telephone manual for use by CITY's personnel. number. B. Format: 2. A list of each project required to be 1. Size: 8-1/2 inches x 11 inches. included, indexed to content of the volume. 2. Paper: 20 pound minimum, white,for typed pages. 3. List, with each project, name, address and telephone number of: 3. Text: Manufacturer's printed data,or neatly typewritten. a. Subcontractor or installer. 4. Drawings: Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1730-152 OPERATING AND MAINTENANCE DATA Page 1:788 of 1 06 0 b. A list of each product required to be included, indexed to content A. Submit six(6)copies of complete manual of the volume. in final form to the CITY through the CONSULTANT. C. Identify area of responsibility of each. B. Content:for architectural products,applied materials and finishes: d. Local source of supply for parts and replacement. 1. Manufacturer's data, giving full information on products. 4. Identify each product by product name and other identifying symbols a. Catalog number, size, as set forth in Contract Documents. composition. B. Product Data: b. Color and texture designations. 1. Include only those sheets which are C. Information required for pertinent to the specific product. reordering special manufacturing products. 2. Annotate each sheet to: 2. Instructions for care and a. Clearly identify specific product maintenance. or part installed. a. Manufacturer's b. Clearly identify data applicable recommendation for types of to installation. cleaning agents and methods. C. Delete references to b. Cautions against cleaning inapplicable information. agents and methods which are detrimental to product. C. Drawings: C. Recommend schedule for 1. Supplement product data with cleaning and maintenance. drawings as necessary to clearly illustrate: C. Content, for moisture protection and weather-exposed products: a. Relations of component parts of equipment and systems. 1. Manufacturer's data, giving full information on products. b. Control and flow diagrams. a. Applicable standards. 2. Coordinate drawings with information in Project Record Documents to b. Chemical composition. assure correct illustration of completed installation. C. Details of installation. 3. Do not use Project Record 2. Instructions for inspection, Documents as maintenance maintenance and repair. drawings. D. Additional requirements for maintenance D. Written test, as required to supplement data: Respective sections of product data for the particular installation: Specifications. 1. Organize in consistent format under 1.06 MANUAL FOR EQUIPMENT AND SYSTEMS separate headings for different procedures. A. Submit five(5)copies of complete manual in final form to the CITY through the 2. Provide logical sequence of CONSULTANT. instruction of each procedure. B. Content, for each unit of equipment and E. Copy of each warranty, bond and service system,as appropriate: contract issued. 1. Description of unit and component 1. Provide information sheet for CITY's parts. personnel,give: a. Function, normal operating a. Proper procedures in event of characteristics, and limiting failure. conditions. b. Instances which might affect b. Performance curves, validity of warranties or bonds. engineering data and tests. 1.05 MANUAL FOR MATERIALS AND FINISHES Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1730-153 PROJECT RECORD DOCUMENTS 06 0 C. Complete nomenclature and commercial number of a. Function, normal operating replaceable parts. characteristics, and limiting conditions. 2. Operating procedures: b. Performance curves, a. Start-up, break-in, routine and engineering data and tests. normal operating instructions. C. Complete nomenclature and b. Regulation, control, stopping, commercial number of shut-down and emergency replaceable parts. instructions. 2. Circuit directories and panelboards. C. Summer and winter operating instructions. a. Electrical service d. Special operating instructions. b. Controls 3. Maintenance procedures: C. Communications a. Routine operations. 3. As installed color coded wiring diagrams. b. Guide to"trouble-shooting". 4. Operating procedures: C. Disassembly, repair and reassembly. a. Routine and normal operating instructions. d. Alignment, adjusting and checking. b. Sequences required. 4. Servicing and lubrication required. C. Special operating instructions. 5. Manufacturer's printed operating and 5. Maintenance procedures: maintenance instructions. a. Routine operations. 6. Description of sequence of operation by control manufacturer. b. Guide to"trouble-shooting". 7. Original manufacturer's parts list, C. Disassembly, repair and illustrations, assembly drawings and reassembly. diagrams required for maintenance. 6. Manufacturer's printed operating and a. Predicted life of parts subject to maintenance instructions. wear. 7. List of original manufacturer's spare b. Items recommended to be parts, manufacturer's current prices, stocked as spare parts. and recommended quantities to be maintained in storage. 8. As-installed control diagrams by controls manufacturer. 8. Other data as required under pertinent sections of specifications. 9. Each contractor's coordination drawings. D. Prepare and include additional data when the need for such data becomes apparent a. As-installed color coded piping during instruction of CITY's personnel. diagrams. E. Additional requirements for operating and 10. Charts of valve tag numbers, with maintenance data: Respective sections of location and function of each valve. Specifications. 11. List of original manufacturer's spare 1.07 SUBMITTAL SCHEDULE parts, manufacturer's current prices and recommended quantities to be A. Submit two(2)copies of completed data in maintained in storage. final form to the CITY through the CONSULTANT no later than thirty (30) 12. Other data as required under days following the Consultant's review of pertinent sections of specifications. the last shop drawing and/or other submittal specified under Section C. Content, for each electric and electronic SC01340. systems,as appropriate: 1. One copy will be returned with 1. Description of system and comments to be incorporated into component parts. final copies. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1730-154 PROJECT RECORD DOCUMENTS Page 1:718 of 1 06 B. Submit six(6)copies of approved manual in final form directly to the offices of the Consultant,within thirty(30)calendar days of product shipment to the project site and preferably within 30 days after the reviewed copy is received. C. Append six(6)copies of addendum to the operation and maintenance manuals as applicable and certificates as specified within thirty(30)days after final inspection and plant start-up test. 1.08 INSTRUCTION OF CITY'S PERSONNEL A. Fully instruct CITY's designated operating and maintenance personnel in operation, adjustment and maintenance of products, equipment and systems. B. Review operating and maintenance manual with CITY's operating and maintenance personnel in full detail to explain all aspects of operations and maintenance. C. A list shall be provided to the CITY detailing the date,time and attendees of all training sessions. PART 2-PRODUCTS(NOT USED) PART 3-EXECUTION(NOT USED) END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1730-155 PROJECT RECORD DOCUMENTS JOR_ 0 SECTION 01740-WARRANTIES AND BONDS PART 1—GENERAL 1. Size 8-1/2 inches by 11 inches, punch sheets for standard three(3) 1.01 DESCRIPTION post binder. A. Scope of Work: a. Fold larger sheets to fit into binders. 1. Contractor shall compile specified 2. Cover: Identify each packet with warranties and bonds, as in Article typed or printed title 5 and 13 of the General Conditions "WARRANTIES AND BONDS". and as specified in these List: Specifications. B. Related Work Described Elsewhere: a. Title of Project. 1. General Conditions: Articles 5 and b. Name of Contractor. 13 C. Binders: Commercial quality, three (3) 2. Contract Closeout: Section post binder, with durable and cleanable SC01700. plastic covers and maximum post width of two(2)inches. 1.02 SUBMITTAL REQUIREMENTS 1.04 WARRANTY SUBMITTALS A. Assemble warranties, bonds and service REQUIREMENTS and maintenance contracts,executed by A. For all major pieces of equipment,submit each of the respective manufacturers, a warranty from the equipment suppliers,and subcontractors. manufacturer. The manufacturer's B. Number of original signed copies warranty period shall be concurrent with required: Two(2)each. the Contractor's for one (1)year, unless otherwise specified, commencing at the C. Table of Contents: Neatly typed, in time of final acceptance by the CITY. orderly sequence. Provide complete B. The Contractor shall be responsible for information for each item. obtaining certificates for equipment 1. Product of work item. warranty for all major equipment specified under technical specifications 2. Firm, with name of principal, for Divisions 11: Equipment; 13: Special address and telephone number. Construction; 15: Mechanical; and 16: Electrical and which has at least a 1 hp 3. Scope. motor or which lists for more than$1,000. The Consultant reserves the right to 4. Date of beginning of warranty, bond request warranties for equipment not or service and maintenance classified as major. The Contractor shall contract. still warrant equipment not considered to be "major" in the Contractor's one-year 5. Duration of warranty, bond or warranty period even though certificates service maintenance contract. of warranty may not be required. 6. Provide information for CITY's C. In the event that the equipment personnel: manufacturer or supplier is unwilling to provide a one (1) year warranty a. Proper procedure in case of commencing at the start of the Correction failure. Period, the Contractor shall obtain from the manufacturer a two(2)year warranty b. Instances which might affect commencing at the time of equipment the validity of warranty or delivery to the job site. This two(2)year bond. warranty from the manufacturer shall not relieve the Contractor of the one(1)year 7. Contractor, name of responsible warranty. principal, address and telephone D. The CITY shall incur no labor or number. equipment cost during the guarantee 1.03 FORM OF SUBMITTALS period. A. Prepare in duplicate packets. E. Guarantee shall cover all necessary labor, equipment and replacement parts B. Format: resulting from faulty or inadequate equipment design,improper assembly or Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1740-156 WARRANTIES AND BONDS Page 1:712 of 1 06 0 erection, defective workmanship and PART 2-PRODUCTS(NOT USED) materials, leakage, breakage or other failure of all equipment and components furnished by PART 3-EXECUTION(NOT USED) the manufacturer. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1740-157 WARRANTIES AND BONDS 06 0 SECTION 01800-MISCELLANEOUS WORK AND CLEANUP 1 PART 1 -GENERAL Gravel drives shall be replaced and regraded. 1.01 DESCRIPTION B. The Contractor shall remove, store and A. Scope of Work: replace existing fences during construction.Only the sections directed 1. This Section includes operations by the Consultant shall be which cannot be specified in detail removed. If any section offence is as separate items but can be damaged due to the Contractor's sufficiently described as to the kind negligence, it shall be replaced with and extent to work involved. The fencing equal to or better than that Contractor shall furnish all labor, damaged, and the work shall be materials, equipment and satisfactory to the Consultant. incidentals to complete the work under this Section. 3.02 CLEAN UP 2. The work of this Section includes, but A. The Contractor shall remove all is not limited to,the following: construction material, buildings, equipment and other debris remaining on a. Restoring of driveways and the job as the result of construction fences. operations and shall render the site of the work in a neat and orderly condition. b. Cleaning up. 3.03 INCIDENTALWORK C. Incidental work. A. Do all incidental work not otherwise specified,but obviously necessary for the 2 PART 2-PRODUCTS proper completion of the contract as specified and as shown on the 2.01 MATERIALS Drawings. A. Materials required for this Section shall be of the same quality as materials that are to be restored. Where possible, the Contractor shall reuse existing materials that are removed and then END OF SECTION replaced. 3 PART 3-EXECUTION 3.01 RESTORING OF DRIVEWAYS AND FENCES A. Existing public and private driveways disturbed by the Contractor shall be replaced. Paved drives shall be repaved to the limits and thickness existing prior to construction. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING SCO1800-158 MISCELLANEOUS WORK AND CLEAN UP Page 1:7114 v5f 1 06 4L <p PROJECT NAME: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATERMAINS BID NUMBER: 079-2821-21 UTILITIES DEPARTMENT - TECHNICAL SPECIFICATIONS TABLE OF CONTENTS Section and Description Dated Table of Contents ............................................................................. ........... 04/21 DIVISION 2 -02000 SITE CONSTRUCTION 02018 Vibration Monitoring ............................................................................ 04/21 02060 Aggregate Materials............................................................................ 04/21 02230 Site Clearing........................................................................................ 04/21 02270 Sedimentation and Erosion Control.................................................... 04/21 02300 Earthwork............................................................................................ 04/21 02320 Trenching and Excavation .................................................................. 04/21 02322 Dewatering and Drainage ................................................................... 04/21 02324 Backfill................................................................................................. 04/21 02446 Directional Drilling ............................................................................... 04/21 02513 Public Water& Reclaimed Water Distribution Systems .............................................................................................. 04/21 02516 Disinfection of Potable Water Distribution Systems .............................................................................................. 04/21 02668 Valves and Appurtenances................................................................. 04/21 02730 Milling of Existing Asphalt Payment.................................................... 04/21 02740 Subgrade, Base Course and Asphalt.................................................. 04/21 02925 Sodding............................................................................................... 04/21 02960 Restoration of Surface Improvements ................................................ 04/21 DIVISION 3 -03000 CONCRETE 03300 Cast-In-Place Concrete....................................................................... 04/21 SECTION 5— PRE-CHLORINATED PIPE BURSTING Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 159 April 2021 Page 1:715 of i 06 0 SECTION 02018 VIBRATION MONITORING PART 1 -GENERAL 1.1 DESCRIPTION: A. Furnish, install,maintain, monitor,and remove vibration-monitoring equipment as specified and as indicated. B. Monitor vibrations and noise levels originating from construction operations as indicated or specified. C. Modify construction operation procedures if existing operation creates vibration or noise exceeding specified amounts. 1.2 RELATED SECTIONS A. Section SC01340—Shop Drawings,Work Drawings,and Samples B. Section SC01700—Contract Closeout C. Section 03415—Prestressed Concrete Piles 1.3 REFERENCES Not Used 1.4 UNIT PRICE—MEASUREMENT AND PAYMENT A. When this Section is to be implemented, it shall be considered to be incidental to the specific Work scope for the individual Section, i.e., Pre-Cast Concrete Piles. 1.5 SUBMITTALS: A. Submit the following: 1. Qualifications of the independent vibration consulting firm's Professional Engineer including the names of the five (5) successful projects with names, current addresses, and telephone numbers of persons in charge of representing the owners or the owners at the time of monitored vibration-inducing operation and noise levels. 2. Qualifications of the vibration consulting firm's personnel to install, operate and interpret the monitoring equipment including the name of the personnel and the names of the three(3)projects per person which they installed,operated, monitored,and interpreted monitoring equipment with names,current addresses and telephone numbers of persons in charge of representing the owners or the owners at the time of monitored vibration-inducing operations and noise levels. 3. Prior to commencement of pile driving or other vibration inducing operations,submit in writing the plan for monitoring operations and equipment to be used to assure compliance with the vibration and noise limitation. As a minimum,this plan shall provide for the following: a. Recommended vibration-limiting methods to meet the specified peak particle velocity limitations and locations for taking measurements. b. Manufacturers' brochures and written operation instructions for seismograph recording equipment intended to be used for each vibration occurrence. 4. Daily reports,while driving sheeting,piles or performing other vibration-inducing operations,detailing each source of vibration, location of monitoring, and the vibration records highlighting peak particle velocities. All daily reports shall be stamped and signed by the Vibration Consulting Firm's Professional Engineer. PART 2-PRODUCTS 2.1 EQUIPMENT: A. Provide a low frequency sensitive three-component seismic recording instrument with wave paper trace, variable trigger level setting, peak particle velocity memory operation(in inches/second)and sound level readout capability. B. Manufacturers: Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02018-160 VIBRATION MONITORING April 2021 page 1:71 06 1. Spregnether, St. Louis, MO 2. Slope Indicator Co.,Seattle,WA 3. D&L Equipment Corp., Spoffard, NH 4. Or equal PART 3-EXECUTION 3.1 QUALITY ASSURANCE: A. Provide in accordance with Division 1 B. Retain the services of an independent vibration consulting firm with the following in-house personnel to conduct the following vibration monitoring requirements: 1. Preparation, signing and stamping of monitoring plans and daily reports, and overseeing monitoring and interpretation of monitoring equipment shall be performed by personnel with the following qualifications: a. Be a Florida Registered Professional Engineer b. Have a minimum of five(5)years experience in the vibration-consulting field C. Have successfully completed at least five (5) projects with vibration-inducing operations and noise levels equal to or more severe than those to be encountered 2. Installation, monitoring and interpretation of monitoring equipment shall be performed by personnel with the following qualifications: a. Have at least three(3)years of experience in the operation of monitoring equipment proposed for use and interpretation of records produced by such equipment b. Have installed,operated,monitored and interpreted equipment and records on at least three(3) projects with vibration-inducing operations and noise levels equal to or more severe than those to be encountered 3.2 EXECUTION: A. Furnish specified instrumentation to be installed, operated and interpreted by the vibration consulting firm's personnel,as specified below and indicated. B. Monitor vibrations and record the entire particle velocity wave train,not just peak velocities. Obtain accurate,legible seismometer records of monitored vibrations. C. Perform all pile sheeting, driving, and other vibration-inducing operations so that vibrations reaching adjacent structures and facilities are within specified limits. D. Monitor vibrations by measuring the peak particle velocity in the vicinity of work. Peak particle velocity is defined as a maximum of the three velocity components, measured in three mutually perpendicular directions at any point by an instrument and combining the results. The peak particle velocity as measured by the vibration consulting firm's personnel on or at the location as specified in the submitted vibration monitoring plan, for blasting, pile driving, or other vibration-inducing operations,shall not exceed the following: Type of Concrete Peak Particle Age of Concrete,hrs. Velocity in/sec. Mass Concrete 0-11 1.0 11 and over 2.0 Concrete Structures 0-11 0.5 11-24 1.0 24 and over 2.0 Permanent Structure or Utility 2.0 E. In the event any recordings indicate that vibration limits are being exceeded, immediately suspend all sheeting, driving and other vibration-inducing operations and submit a report to the Engineer. Revise operations to reduce vibrations and submit a copy of the revised procedure to the Engineer at no additional cost to the City. F. If evidence of displacement or damage to utilities, equipment, or structures is observed or reported, immediately notify the Engineer and discontinue operations creating the vibrations. Revise operation to reduce vibrations and submit a copy of the revised procedure to the Engineer. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02018-161 VIBRATION MONITORING April 2021 Page 1:71:7 of 1 06 0 G. Restore or replace utilities,equipment,or structures damaged by at no additional cost to the City. H. Monitor and record on chart noise originating from construction activities. I. If noise limitations as specified City Ordinance's are exceeded notify the Engineer and discontinue operations creating noise. Revise operation to meet specified noise limitation before continuing. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02018-162 VIBRATION MONITORING April 2021 Page 1:7118 of i 06 0 SECTION 02060 AGGREGATE MATERIALS The Utilities Department uses the Florida Department of Transportation(FDOT)Standard Specifications for Road and Bridge Construction and the FDOT Design Standards latest edition(where applicable)as reference documents. It is the intent of the Utilities Department that this technical specification (02060)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 204-Graded Aggregate Base • Section 210-Reworking Limerock Base • Section 220-Shaping and Compacting Local Base Rock • Section 230-Limerock Stabilized Base • Section 911 —Limerock Material for Base and Stabilized Base • Section 240-Sand-Clay Base • Section 250-Shell Base • Section 913—Shell Material • Section 913A—Shell—Rock Material • Section 914—Stabilization Materials • Section 260-Shell Stabilized Base • Section 270-Soil Cement Base • Section 901 -Course Aggregate • Section 902-Fine Aggregate In the event that this technical specification(02060)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards,it is the responsibility of the Contractor to request clarification or resolution, in writing,from the Project Manager and Engineer. 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Aggregate materials 1.2 RELATED SECTIONS A. Section SC01025-Measurement and Payment B. Section SC01340—Shop Drawings,Work Drawings,and Samples C. Section SCO1400-Quality Requirements D. Section 02300-Earthwork E. Section 02320—Trenching and Excavation F. Section 02322—Dewatering and Drainage G. Section 02324—Backfill H. Section 02371 -Riprap and Rock Lining I. Section 02740—Subgrade, Base Course and Asphalt 1.3 REFERENCES A. Florida DOT Standard Specifications for Road and Bridge Construction cited at the beginning of this section. B. AASHTO - M147 - Standard Specification for Materials for Aggregate and Soil-Aggregate Sub base, Base and Surface Courses C. AASHTO T180-Standard Specification for Moisture-Density Relations of Soils Using a 4.54-kg(10-Ib)Rammer and a 457-mm(18-in)Drop D. ASTM C136-Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02060-163 AGGREGATE MATERIALS April 2021 Page 1:7+9 of 06 0 E. ASTM D1557-Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort(6,000 ft-Ibf/ft3(2,700 kN-m/m3) F. ASTM D2487-Standard Classification of Soils for Engineering Purposes(Unified Soil Classification System) G. ASTM D2922-Standard Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods(Shallow Depth) H. ASTM D3017-Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) I. ASTM D4318-Standard Test Method for Liquid Limit, Plastic Limit,and Plasticity Index of Soils 1.4 UNIT PRICES-MEASUREMENT AND PAYMENT A. Section SC01025-MEASUREMENT AND PAYMENT B. Aggregate (other than required for roadway repair, construction, exfiltration trench and manhole/structure support pad): By the square yard-Includes supplying aggregate materials,stockpiling, placement,compaction and testing. 1.5 SUBMITTALS A. Submittals for review and authorization to proceed 1. Materials Source: Submit name of imported materials suppliers 2. Materials: Submit material certificates including proctor and sieve analysis of each type of aggregate supplied 2 PART 2 PRODUCTS 2.1 COARSE AGGREGATE MATERIALS A. Coarse Aggregate Type FDOT 57 Stone 2.2 FINE AGGREGATE MATERIALS A. Fine Aggregate Type FDOT Standard Specification for Road and Bridge Construction Section 902. B. ASTM D2487-Standard Classification of Soils for Engineering Purposes(Unified Soil Classification System). C. Materials generated from the on-site excavations or imported from an off-site source may be utilized for backfill of pipeline and associated structure excavations provided the materials consist of relatively clean sands or reasonably well graded,relatively clean sand-gravel mixtures that are free of timber,roots,clods,construction demolition debris, rubbish,trash or other deleterious matter. The materials shall have a maximum size of 1 inch, have not more than 10 percent passing the US Standard No.200 Sieve and contain no more than 2 percent(by weight)of organic matter. 1. Backfill materials classification shall comply with the Unified Soil Classification System (ASTM D 2487) Group Symbols of SP,SP-SM,GP or GP-GM. 2. The S=Sand,G=Gravel, P=Poorly Graded,and M=Silty all per ASTM D 2487. 2.3 SOURCE QUALITY CONTROL A. Coarse Aggregate Material-Testing and Analysis: Perform in accordance with ASTM D1557 or AASHTO T180 B. Fine Aggregate Material-Testing and Analysis: Perform in accordance with ASTM D1557 or AASHTO T180 C. If tests indicate materials do not meet specified requirements,change material or material source and retest D. Provide materials of each type from same source throughout the Work 3 PART 3 EXECUTION 3.1 QUALITY ASSURANCE A. Perform Work in accordance with State of Florida DOT standards 3.2 STOCKPILING Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02060-164 AGGREGATE MATERIALS April 2021 06 0 A. Stockpile materials on site at locations designated by Engineer. B. Stockpile in sufficient quantities to meet Project schedule and requirements. C. Separate differing materials with dividers or stockpile apart to prevent mixing. D. Direct surface water away from stockpile site to prevent erosion or deterioration of materials. 3.3 STOCKPILE CLEANUP A. Remove stockpile, leave area in a clean and neat condition. Grade site surface to prevent free-standing surface water. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02060-165 AGGREGATE MATERIALS April 2021 Page 1:721 OF 1 J-06 0 SECTION 02230 SITE CLEARING The Utilities Department uses the Florida Department of Transportation(FDOT)Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification(02230)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 110-Clearing and Grubbing In the event that this technical specification(02230)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards, it is the responsibility of the Contractor to request clarification or resolution,in writing,from the Project Manager and Engineer. 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Clearing B. Removal C. Topsoil Excavation 1.2 RELATED SECTIONS A. Section 02221 -Building Demolition B. Section 02300-Earthwork 1.3 REFERENCES Not Used. 1.4 UNIT PRICE-MEASUREMENT AND PAYMENT A. Site Clearing: Bythe acre. Includes clearing site,loading and removing waste materials from site,applying herbicide to designated plant life. 1.5 SUBMITTALS Not Used. 1.6 REGULATORY REQUIREMENTS A. Conform to city code for environmental requirements,disposal of debris,and grading of site. B. Coordinate clearing Work with Utility Department and other utility companies. 2 PART 2 PRODUCTS Not used. 3 PART 3 EXECUTION 3.1 PREPARATION A. Verify that existing plant life designated to remain is tagged or identified. B. Identify a waste area for placing removed materials. 3.2 PROTECTION A. Locate, identify,and protect utilities that remain,from damage. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02230-166 SITE CLEARING April 2021 Page 1:722 1 06 0 B. Protect trees, plant growth,and features designated to remain,as final landscaping. C. Protect benchmarks,survey control points,and existing structures from damage or displacement. 3.3 CLEARING A. Clear areas required for access to site and execution of Work. B. Remove trees and shrubs within marked areas. Remove stumps, main root ball,system to a depth of twenty-four (24)inches,surface rock,and other features not included in the final site plan designated"to remain". C. Clear undergrowth and dead wood,without disturbing subsoil. D. Apply herbicide to remaining stumps to inhibit growth. 3.4 REMOVAL A. Remove debris, rock,and extracted plant life from site. B. Remove paving,curbs,and concrete slabs not designated"to remain". 3.5 TOPSOIL EXCAVATION A. Excavate topsoil from areas to be further excavated, re-landscaped, or re-graded, without mixing with foreign materials. B. Do not excavate wet topsoil. C. Stockpile in area designated on site to depth not exceeding 8 feet and protect from erosion. D. Remove excess topsoil not intended for reuse,from site. END OF SECTION Bid No.079-2821-21-PRE-CHLORINATED PIPE BURSTING 02230-167 SITE CLEARING April 2021 Q -6 4A 06 0 SECTION 02270 SEDIMENTATION AND EROSION CONTROL 1 PART 1 GENERAL 1.1 DESCRIPTION A. Furnish all labor, materials,equipment and incidentals required and perform all installation, maintenance, removal and area cleanup related to erosion and sedimentation control work as shown on the Drawings and as specified herein. The work shall include, but not necessarily be limited to; installation of temporary access ways and staging areas, silt fences, stone filter boxes,stone filter berms,sediment removal and disposal,device maintenance,removal of temporary devices,temporary mulching, excelsior matting installation and final cleanup. CONTRACTOR is responsible for providing effective temporary erosion and sediment control measures during construction or until final controls become effective. 1.2 RELATED WORK A. Section SC01110—Environmental Protection Procedures B. Section SC01568—Temporary Erosion and Sedimentation Control C. Section SC01340-Shop Drawings,Work Drawings,and Samples D. Section 02300-Earthwork E. Section 02924-Seed, Mulch and Fertilizer F. Section 02925-Sodding 1.3 SUBMITTALS A. Submit,in accordance with Section SC01340 SHOP DRAWINGS,WORK DRAWINGS,AND SAMPLES,within 10 days after award of Contract, technical product literature for all commercial products, including straw mulch tackifier, to be used for erosion and sedimentation control. 1.4 QUALITY ASSURANCE A. Be responsible for the timely installation and maintenance of all sedimentation control devices necessary to prevent the movement of sediment from the construction site to off site areas or into the stream system via surface runoff or underground drainage systems. Measures in addition to those shown on the Drawings necessary to prevent the movement of sediment off site shall be installed,maintained,removed,and cleaned up at the expense of the CONTRACTOR. No additional charges to the OWNER will be considered. B. Sedimentation and erosion control measures shall conform to the requirements outlined in the drawings and in The Florida Development Manual. 1.5 UNIT PRICE-MEASUREMENT AND PAYMENT A. The Lump Sum item for NPDES Compliance shall include all Sediment and Erosion Control efforts included in this section with measurement and payment in accordance with Section SCO1025-MEASUREMENT AND PAYMENT. 2 PART 2 PRODUCTS 2.1 MATERIALS A. Crushed stone for sediment filtration devices, access ways and staging areas shall conform to FDOT "Standards and Specifications for Highway and Bridges". B. Berm structural stone shall be rip-rap as follows: 1. Rip-rap shall be sound, durable rock which is roughly rectangular shape and of suitable quality to insure permanence in the condition in which it is to be used. Rounded stones, boulders, sandstone or similar soft stone will not be acceptable. Material shall be free from overburden,spoil,shale and organic material,meet the ENGINEER's approval and be well graded within the following limits: Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02270-168 SEDIMENTATION AND EROSION CONTROL April 2021 Page 1:724 of 1 06 0 Weight of Stone Percent Finer by Weight 40 lb 100 12 Ib 50 3 Ib 0 C. Sediment Fence 1. Sediment fence shall be a prefabricated commercial product made of a woven, polypropylene, ultraviolet resistant material such as"Envirofence"by Mirafi Inc., Charlotte, NC or equal. D. 1/4-in woven wire mesh for filter boxes shall be galvanized steel or hardware cloth. E. Straw mulch shall be utilized on all newly graded areas to protect areas against washouts and erosion. Straw mulch shall be comprised of threshed straw of oats, wheat, barley, or rye that is free from noxious weeds, mold or other objectionable material. The straw mulch shall contain at least 50 percent by weight of material to be 10-in or longer. Straw shall be in an air-dry condition and suitable for placement with blower equipment. F. Latex acrylic copolymer,or organic tackifier shall be a commercial product specifically manufactured for use as straw mulch tackifier. G. An asphalt tackifier shall only be used when temperatures are too low to allow the use of a latex acrylic copolymer and only with prior written approval from the Project Manager and Engineer. H. Erosion control blanket shall be installed in all seeded drainage swales and ditches as shown on the Drawings or as directed by the ENGINEER. Erosion control blanket shall be 100 percent agricultural straw matrix stitch bonded with degradable thread between two photodegradable polypropylene nettings, such as Model S150 Double Net Short-Term Blanket (10 months)by North American Green, Evansville, IN or equal. 3 PART 3 EXECUTION 3.1 INSTALLATION A. Sediment Fence Installation 1. Sediment fences shall be positioned as indicated on the Drawings and as necessary to prevent off site movement of sediment produced by construction activities as directed by the Project Manager and Engineer. 2. Dig trench approximately 6-in wide and 6-in deep along proposed fence lines. 3. Drive stakes, 8-ft on center(maximum)at back edge of trenches. Stakes shall be driven 2-ft(minimum)into ground. 4. Hang filter fabric on posts carrying to bottom of trench with about 4-in of fabric laid across bottom of trench. Stretch fabric fairly taut along fence length and maintain secure both ways. 5. Backfill trench with excavated material and tamp. 6. Install pre-fabricated silt fence according to manufacturer's instructions. B. Construct filter boxes as detailed on the Drawings,from 1/4-in woven wire mesh or hardware cloth and wood. Fill with crushed stone and place over all drop inlets and manholes to storm drain system as each inlet is completed. This should be done prior to setting casting, if there is a delay between installation of inlet structures or drain manholes and setting of castings. An alternate method is to ring each inlet with a sediment fence. C. Stone Filter Berm Installation 1. Place berm structural stone across channel just below lower sandbag wall at work area. Face upstream side of structural berm with crushed stone. D. Staging areas and access ways shall be surfaced with a minimum depth of 4-in of crushed stone. 3.2 MAINTENANCE AND INSPECTIONS A. Inspections 1. The CONTRACTOR shall make a visual inspection of all erosion and sedimentation control devices once per week and promptly after every rainstorm. If such inspection reveals that additional measures are needed to prevent movement of sediment to offsite areas, promptly install additional devices as needed. Sediment controls in need of maintenance shall be repaired promptly. B. Device Maintenance Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02270-169 SEDIMENTATION AND EROSION CONTROL April 2021 06 1. Sediment Fences a. Remove accumulated sediment once it builds up to 1/2 of the height of the fabric. b. Replace damaged fabric,or patch with a 2-ft minimum overlap. C. Make other repairs as necessary to ensure that the fence is filtering all runoff directed to the fence. 2. Filter Boxes a. Replace crushed stone when it becomes saturated with silt. 3. Stone Filter Berm a. Muck out trapped silt from dewatering operations when it has built up to within 6-in of the top of the berm. b. Replace crushed stone filter when saturated with silt. 4. Add crushed stone to access ways and staging area as necessary to maintain a firm surface free of ruts and mudholes. 3.3 TEMPORARY MULCHING A. Apply temporary mulch to areas where rough grading has been completed but final grading is not anticipated to begin within 30 days of the completion of rough grading. B. Straw mulch shall be applied at rate of 100 lbs/1000 sq ft and tackified with latex acrylic copolymer at a rate and diluted in a ratio per manufacturer's instructions. 3.4 EROSION CONTROL BLANKETS A. Erosion control blankets shall be installed in all seeded drainage swales and ditches as shown on the Drawings and as directed by the Project Manager and Engineer in accordance with manufacturer's instructions. The area to be covered shall be properly prepared, fertilized and seeded with permanent vegetation before the blanket is applied. When the blanket is unrolled,the netting shall be on top and the fibers in contact with the soil over the entire area. The blankets shall be applied in the direction of water flow and stapled. Blankets shall be placed a minimum of three rows(of 4-ft)wide(total approx. 12-ft width)within the drainage swale/ditch and stapled together in accordance with manufacturer's instructions. Side overlaps shall be 4-in minimum. The staples shall be made of wire, .091-in in diameter or greater,"U"shaped with legs 10-in in length and a 1-1/2-in crown. Commercial biodegradable stakes may also be used with prior approval by the Project Manager and Engineer. The staples shall be driven vertically into the ground, spaced approximately two linear feet apart, on each side, and one row in the center alternately spaced between each size. Upper and lower ends of the matting shall be buried to a depth of 4-in in a trench. Erosion stops shall be created every 25-ft by making a fold in the fabric and carrying the fold into a silt trench across the full width of the blanket. The bottom of the fold shall be 4-in below the ground surface. Staple on both sides of fold. Where the matting must be cut or more than one roll length is required in the swale, turn down upper end of downstream roll into a slit trench to a depth of 4-in. Overlap lower end of upstream roll 4-in past edge of downstream roll and staple. 1. To ensure full contact with soil surface, roll matting with a roller weighing 100 lbs/ft of width perpendicular to flow direction after seeding,placing matting and stapling. Thoroughly inspect channel after completion. Correct any areas where matting does not present a smooth surface in full contact with the soil below. 3.6 PERFORMANCE A. Should any of the temporary erosion and sediment control measures employed by the Contractor fail to produce results which comply with the requirements of the State of Florida or the Federal Government, Contractor shall immediately take whatever steps are necessary to correct the deficiency at his own expense. 3.5 REMOVAL AND FINAL CLEANUP A. Once the site has been fully stabilized against erosion, remove sediment control devices and all accumulated silt. Dispose of silt and waste materials in proper manner. Re-grade all areas disturbed during this process and stabilize against erosion with surfacing materials as indicated on the Drawings. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02270-170 SEDIMENTATION AND EROSION CONTROL April 2021 J-06 0 SECTION 02300 EARTHWORK The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards,latest edition,as reference documents. It is the intent of the Utilities Department that this technical specification(02300)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 110-Clearing and Grubbing • Section 120-Excavation and Embankment In the event that this technical specification(02300)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards,it is the responsibility of the Contractor to request clarification or resolution,in writing,from the Project Manager and Engineer. 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Soil Materials B. Execution C. Examination D. Preparation E. Project Conditions F. Excavation G. Placement and Compaction H. Frequency of Tests I. Finish/Final Grading J. Protection of Finished Work K. Layout and As-Built Survey 1.2 RELATED SECTIONS A. Section SC01010—Summary of Project B. Section SC01025-Measurement and Payment C. Section SCO1400-Quality Requirements D. Section SC01700—Contract Closeout 1.3 REFERENCES A. AASHTO T180-Standard Specification for Moisture-Density Relations of Soils using a 4.54-kg(10-Ib)Rammer and a 457-mm(18-in)Drop. B. ASTM D1556-Standard Test Method for Density of Soil in Place by the Sand-Cone Method. C. ASTM D1557-Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort(6,000 ft- Ibf/ft3(2,700 kN-m/m3)). D. ASTM D2922-Standard Test Method for Density of Soil Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02300-171 EARTHWORK April 2021 Page 1:72:7 of 1 J-06 0 and Soil Aggregate in Place by Nuclear Methods(Shallow Depth). E. ASTM D3017-Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods(Shallow Depth). 1.4 UNIT PRICE-MEASUREMENT AND PAYMENT A. Refer to Section SC01025-MEASUREMENT AND PAYMENT Material that is excavated for the purpose of installing water mains and service connections,force mains,sanitary sewers and laterals or storm drainage piping and their associated public manholes and structures and then reused as bedding and/or backfill material are not subject to this UNIT PRICE-MEASUREMENT AND PAYMENT provision. This backfill material shall be considered as incidental to the item installation. 1.5 SUBMITTALS A. As specified in Part 2 below. 2 PART 2 PRODUCTS 2.1 SOIL MATERIALS A. All fill material shall be approved by the Project Manager and Engineer. Contractor shall notify the Project Manager and Engineer 1 week in advance of providing imported material, shall provide a 1 cubic yard sample and the results of a signed and sealed proctor test for the material. B. Satisfactory soil materials are defined as those complying with ASTM D2487 soil classification groups GW, GP, GM, SM,SW,and SP. C. Unsatisfactory soil materials are defined as those complying with ASTM D2487 soil classification groups GC, SC, ML, MH, CL,CH,OL,OH,and PT. D. Coarse Aggregate shall conform to FDOT Specification 901 with the exception that slag or crushed slag shall not be used. Stone size shall be No.57. E. Fine Aggregate shall conform to FDOT Specification 902. F. Subbase, Backfill, and Fill Materials: Satisfactory soil materials free of clay, debris, waste, vegetation, rock or gravel larger than 2 inches in any dimension,and other deleterious matter. 2.2 ACCESSORIES A. Geotextile Fabric: Non-biodegradable,woven per FDOT specification Section 514. 3 PART 3 EXECUTION 3.1 FIELD QA/QC A. Verify that survey benchmark and intended elevations for the Work are as indicated. 3.2 PREPARATION A. Identify required lines,levels,contours,and datum. B. Locate,identify(stake and flag),and protect utilities that remain,from damage. C. Notify utility owner to remove and/or relocate utilities if required and not part of the project. D. Protect bench marks, survey control point, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic. 3.3 PROJECT CONDITIONS A. Site Information: Subsurface soil investigation report(if performed)will be made available for review. Data on indicated subsurface conditions is not intended as representative or a warranty of accuracy or continuity between soil borings. It is expressly understood that Owner will not be responsible for interpretations or conclusions drawn there from by Contractor. Data is made available only for convenience of Contractor. Additional test borings and other exploratory operations may be performed by Contractor,at the Contractor's option; however, no change in the Contract Sum will be authorized for such additional exploration. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02300-172 EARTHWORK April 2021 page 1:72rl 06 0 B. Existing Utilities: Locate existing underground utilities in areas of excavation work. If utilities are indicated to remain in place, provide adequate means of support and protection during earthwork operations. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult with Project Manager and utility owner(ex. Bell South, FPL, FPUC, Comcast)or Sunshine State One Call immediately for directions. Uncharted or incorrectly charted underground utilities that are discovered during construction shall be incorporated into the project As-Builts with vertical and horizontal coordinates. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. Do not interrupt existing utility services except when permitted in writing by Project Manager and then only after acceptable temporary utility services have been provided. C. Use of Explosives:Use of explosives is not permitted. D. Protection of Persons and Property: Barricade open excavations occurring as part of this work and post with warning lights. Operate warning lights as recommended by authorities having jurisdiction. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement,undermining,washout,and other hazards created by earthwork operations. Perform excavation by hand within drip line of large trees to remain. Protect root systems from damage or dry out to the greatest extent possible. Maintain moist condition for root system and cover exposed roots with moistened burlap. 3.4 EXCAVATION A. Excavation is unclassified and includes excavation to subgrade elevation indicated, regardless of character of materials and obstructions encountered. 3.5 PLACEMENT AND COMPACTION A. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentages of maximum density,in accordance with AASHTO T-180 specifications or ASTM D1557: Structures, (10'outside building lines)Building Slabs and Steps: Compact top 24 inches of subgrade and each layer of backfill or fill material to 98%of the modified proctor maximum dry density. Pavements: Compact top 12"of subgrade and each layer of backfill or fill material to 98%of the modified proctor maximum dry density. Lawn or Unpaved Areas: Compact top 6 inches of subgrade and each layer of backfill or fill material to 95%of the modified proctor maximum dry density. Walkways: Compact top 6 inches of subgrade and each layer of backfill or fill material to 95% of the modified proctor maximum dry density. 3.6 FREQUENCY OF TESTS A. Berms: Every 200 feet per lift. B. Swales: For areas that have been built-up and a swale cut-in every 200 feet; otherwise, density testing of swales cut-in to existing ground does not require density testing. C. Proof roll compacted fill surfaces under slabs-on-grade,pavers,paving,and other appurtenances as required. D. The Contractor is to"map"all density test results on the Record Drawings on each day when field tests are performed. Contractor's testing laboratory shall leave a copy of the day's density testing results on site. E. Contractor is to instruct their Testing Lab to copy the Project Manager on all Test Reports. 3.7 FINAL AND FINISH GRADING A. Final grading shall be performed and the grades shaped to match existing. Except as otherwise indicated or specified, finish grades shall be flush with the edges of existing paving,etc. Excess materials not utilized for final and finish grading shall be removed from the site and disposed of off site at suitable and appropriate disposal areas. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02300-173 EARTHWORK April 2021 page 1:721-1 06 0 B. Upon project completion all areas of the site limits and adjacent areas affected by the project shall be completely cleaned of all debris. 3.8 PROTECTION OF FINISHED WORK A. Reshape and re-compact fills subjected to vehicular traffic. B. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather,scarify surface,reshape,and compact to required density prior to further construction. C. Settling: Where settling is measurable or observable at excavated areas during general project warranty period,remove surface (pavement, lawn, or other finish), add backfill material, compact, and replace surface treatment. Restore appearance,quality,and condition of surface or finish to match adjacent work,and eliminate evidence of restoration to greatest extent possible. 3.9 LAYOUT AND"AS BUILT'SURVEY A. Tolerances: 1. Top surface of backfill for site clearing and general earthwork shall be plus or minus 0.10 foot from required elevations. 2. Top surface of berms or other stormwater containment earthworks shall be plus 0.10, minus 0.00 foot of the required elevations. B. Layout for all construction improvements, paved and surface areas and other appurtenances to be constructed shall be performed by Contractor in strict accordance with drawings and work performed shall ensure true lines, angles, and elevations. All angles,lines,grades,and elevations shall be thoroughly checked by Contractor. C. Upon completion of placement of construction improvement, paved and surfaced areas, the Contractor shall provide Owner and Engineer with a complete and accurate "As-Built' Survey. A surveyor registered in State of Florida shall perform"As-Built'Survey."As-Built'Survey shall indicate exact horizontal and vertical location(relative to property lines and N.G.V.D.)of buildings, concrete and asphalt surfaces and all drainage features including lakes, detention areas, berms,embankments,and swales.All of the spot elevations shown on the paving and drainage plans shall be measured and the individual"As-Built'grades shall be included on the"As-Built'Survey. D. Additionally,where grading between any two elevations on the plan has not been constructed at a uniform slope,then sufficient"As-Built'information shall be included to provide a true representation of the constructed grading conditions. In addition to the information outlined above,the"As-Built'Survey shall include cross section elevations at 50-foot stations of all swales,lakes,roadways and drainage retention area(including banks,berms,bottom and transitions)constructed or improved. All elevations shown on the"As-Built'Survey shall be accurate to the nearest hundredth of a foot. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02300-174 EARTHWORK April 2021 Page 1:798 of 06 0 SECTION 02320 TRENCHING AND EXCAVATION The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards,latest edition,as reference documents. It is the intent of the Utilities Department that this technical specification(02320)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 120-Excavating and Embankment • Section 125-Excavation for Structures and Pipe • Section 160-Stabilizing • Section 514-Plastic Filter Fabric(Geotextile) In the event that this technical specification(02320)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards,it is the responsibility of the Contractor to request clarification or resolution,in writing,from the Project Manager and Engineer. 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Definitions B. Field Measurements C. Fill Materials D. Preparation E. Dewatering and Drainage F. Excavation G. OSHA Safety Compliance H. Field Quality Control I. Pavement Removal and Replacement 1.2 RELATED SECTIONS A. Section SC01010—Summary of Project B. Section SC01025-Measurement and Payment C. Section SCO1400-Quality Requirements D. Section 02300—Earthwork E. Section 02322—Dewatering and Drainage F. Section 02324-Backfill G. Section 02740—Subgrade, Base Course and Asphalt 1.3 REFERENCES A. AASHTO T180-Standard Specification for Moisture-Density Relations of Soils Using a 4.54-kg(10-Ib)Rammer and a 457-mm(18-in)Drop B. ASTM C136-Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates C. ASTM D1556-Standard Test Method for Density of Soil in Place by the Sand-Cone Method D. ASTM D1557-Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort[6,000 ft- Ibf/ft3(2,700 kN-m/m3)] Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02320-175 TRENCHING AND EXCAVATION April 2021 Page 1:791 of 1 06 0 E. ASTM D2321—Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications F. ASTM D2922-Standard Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods(Shallow Depth) G. ASTM D3017-Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods(Shallow Depth) 1.4 UNIT PRICE-MEASUREMENT AND PAYMENT A. Unit pricing will only be considered for special trenching requirements not associated with utility installations. If required and as approved by Project Manager,a Change Order will be issued to authorize payment to the Contractor for special trenching. 1.5 SUBMITTALS Not used. 1.6 DEFINITIONS A. Excavation consists of removal of material encountered to subgrade elevations indicated and subsequent disposal or reuse of materials removed. B. Additional Excavation:If the Engineer believes that the existing soil at subgrade will not support the planned construction, the Engineer may order additional excavation and replacement of the unsuitable material with select material. C. Unauthorized excavation consists of removal of materials beyond indicated subgrade elevations or dimensions without specific direction of Engineer. Unauthorized excavation, as well as remedial work directed by Engineer, shall be at Contractor's expense. D. Under footings, foundation bases, or retaining walls, fill unauthorized excavation by extending indicated bottom elevation of footing or base to excavation bottom,without altering required top elevation. Lean concrete fill may be used to bring elevations to proper position,when acceptable to Engineer. E. In locations other than those above, backfill and compact unauthorized excavations as specified for authorized excavations of same classification, unless otherwise directed by Engineer. F. Subgrade: The undisturbed earth or the compacted soil layer immediately below granular subbase,drainage fill,or topsoil materials. G. Structure: Buildings,foundations,slabs,tanks,curbs,or other man-made stationary features occurring above or below ground surface. H. Utility: Any buried pipe,duct,conduit,cable or structure. 1.7 FIELD MEASUREMENTS A. Verify that survey benchmark,control points,and intended elevations for the Work are as shown on drawings. 2 PART 2 PRODUCTS 2.1 FILL MATERIALS A. Coarse Aggregate shall conform to FDOT Specification 901 with the exception that slag or crushed slag shall not be used. Stone size shall be No.57. B. Fine Aggregate Type FDOT Specification for Road and Bridge Construction Section 902 C. ASTM D2487-Standard Classification of Soils for Engineering Purposes(Unified Soil Classification System)shall be used in the identification,classification and acceptance of fill materials. 2.2 Concrete: Lean concrete Class 1 conforming to Section 03300 CAST-IN-PLACE CONCRETE with a compressive strength of 2,500 psi, unless otherwise noted on the construction plans. 2.3 ACCESSORIES A. Geotextile Fabric: Non-biodegradable,woven per FDOT specification Section 514. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02320-176 TRENCHING AND EXCAVATION April 2021 page 1:7911 06 3 PART 3 EXECUTION 3.1 PROJECT CONDITIONS A. Site Information: Subsurface soils investigation report(if performed) has been included in the project bid package for information only. Data on indicated subsurface conditions is not intended as representative or a warranty of accuracy or continuity between soil borings. It is expressly understood that Owner will not be responsible for interpretations or conclusions drawn by Contractor from the soils investigation report. Data is made available only for convenience of Contractor. Additional test borings and other exploratory operations may be performed by Contractor,at the Contractor's option; however, no change in the Contract Sum will be authorized for such additional exploration. B. Existing Utilities: Locate existing underground utilities in areas of excavation work. If utilities are indicated to remain in place, provide adequate means of support and protection during earthwork operations. Should uncharted, or incorrectly charted, piping or other utilities be encountered during excavation, consult with Project Manager and utility owner(ex. Bell South, FPL, FPUC, Comcast)or Sunshine State One Call immediately for directions. Uncharted or incorrectly charted underground utilities that are discovered during construction shall be incorporated into the project Record Drawings with vertical and horizontal coordinates. Cooperate with Owner and utility companies in keeping respective services and facilities in operation. Repair damaged utilities to satisfaction of utility owner. Do not interrupt existing utility services except when permitted in writing by Project Manager and then only after acceptable temporary utility services have been provided. C. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement,undermining,washout,and other hazards created by earthwork operations. D. Use of explosives is not permitted. 3.2 PREPARATION A. Identify required lines,levels,contours,and datum locations. B. Protect plant life,lawns,rock outcropping and other features remaining as a portion of final landscaping. C. Protect benchmarks,existing structures,fences,sidewalks,paving,and curbs from excavating equipment and vehicular traffic. D. Maintain and protect above and below grade utilities that are to remain. E. Cut out soft areas of subgrade not capable of compaction in place. Backfill with approved materials as specified in Part 2 above. F. Dewatering, when and where required due to the groundwater elevation relative to the bottom of the excavation or subgrade (in the case of roadway construction)shall be performed in accordance with Section 02322 DEWATERING AND DRAINAGE. 3.3 EXCAVATION A. Prior to commencement of trenching and/or excavation,the Contractor shall physically locate all underground utilities as shown on the project construction drawings or as marked by Sunshine One Call or the underground utility Owners. This information shall be provided to the Project Manager prior to trenching and excavation. B. Perform all excavation to depths indicated or as specified. During excavation, pile material suitable for backfilling in an orderly manner a sufficient distance from banks of trench to avoid overloading and to prevent slides or cave-ins. Unsuitable backfill material shall be identified and segregated from suitable backfill material and shall be removed from the project site by the Contractor at no expense to the Owner. C. The bottom of the excavations shall be firm and dry and in all respects acceptable to the Project Manager and Engineer. D. Excavation and dewatering shall be accomplished by methods which preserve the undisturbed state of subgrade soils. The trench may be excavated by machinery to,or just below the designated subgrade,provided that material remaining in the bottom of the trench is no more than slightly disturbed. Subgrade soils which become soft, loose, "quick", or otherwise unsatisfactory as a result of inadequate excavation,dewatering or other construction methods shall be removed and replaced by screened gravel fill as required by the Project Manager and Engineer at the Contractor's expense. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02320-177 TRENCHING AND EXCAVATION April 2021 page 1:79"1 06 0 E. The length of open trench shall be related closely to the rate of pipe lay. Accurately grade bottom of excavations to provide uniform bearing and support for the item being installed on undisturbed soil at every point along its entire load bearing sections,except for portions of pipe sections where it is necessary to excavate for bell holes and for proper sealing of pipe joints. F. Where pipe is to be laid directly on the trench bottom, final excavation at the bottom of the trench shall be performed manually,providing a flat bottom true to grade upon undisturbed or slightly disturbed material. G. Grade area to prevent surface water from flowing into trenches or other excavations,and remove any water accumulating therein by pumping or by other approved methods. H. Correct areas over excavated in accordance with Section 02300 EARTHWORK or Section 02324 BACKFILL. I. Where encountered in trench bed,rock shall be excavated to a depth of 1/4 of the pipe diameter below the bottom of the pipe but in no case less than 4 inches. All undercut excavations shall be backfilled and tamped with materials as specified in accordance with Section 02300 EARTHWORK or Section 02324 BACKFILL. J. Dig bell holes and depressions for joints after trench bottom has been graded and only of such length,depth,and width as required for properly making particular type of joint,so that pipe rests on prepared bottom for as nearly to its full length as practicable. K. Were wet or unstable soil that is incapable of properly supporting pipe,as determined by Project Manager and Engineer, is encountered in the bottom of trench,the trench bottom shall be excavated to a depth of at least two feet below the specified trench bottom. Place filter fabric in the bottom of the trench and support the filter fabric along the trench walls until the trench stabilization has been placed to the proper grade. The ends of the filter fabric shall be overlapped prior to placing the pipe. L. For Public Water Distribution Systems, Force Mains, Sanitary Sewers and Storm Drainage: Provide width of trench,at and below top of the pipe,with a clear space between barrel of pipe and trench wall as required by the pipe manufacturer recommendations. As a minimum,the distance between the pipe barrel and the trench wall shall not be less than 24- inches on both sides. This spacing does not apply to exfiltration trenches and the exfiltration trench width shall be as shown on the project construction drawings. The pipe shall rest firmly on undisturbed soil or pipe bedding material for as nearly to the full length of barrel as proper jointing operations will permit. M. Electrical Ducts or Cables: Provide trenches for cables or duct of a depth that will provide not less than 2 feet of cover below finished grade. Cut trenches for cables to an over depth of not less than 3 inches. Use select backfill material for not less than 3 inches bedding and 3 inches backfill over cable. N. Excavation for Appurtenances:Make sufficient excavation for manholes and similar structures to leave at least 18-inches of clearance between their outer surfaces and embankment or timber which may be used to hold and protect banks. Consider any over depth excavation below such appurtenances that has not been directed by Project Manager or Engineer as unauthorized and fill with sand,gravel,or concrete as directed by the Project Manager or Engineer and at expense of Contractor. O. Do not interfere with 45°bearing splay of foundations. P. Excavations shall not be left open overnight. 3.4 DISPOSAL OF MATERIALS A. Excavated material shall be stacked without excessive surcharge on the trench bank or obstructing free access to hydrants and gate valves. Inconvenience to traffic and adjacent property owners/users shall be avoided as much as possible. Excavated material shall be segregated for use in backfilling as specified below. B. It is expressly understood that no excavated material shall be removed from the site of the work or disposed of, except as directed by the Project Manager and Engineer. When removal of surplus materials has been approved by the Project Manager and Engineer,dispose of such surplus material in approved designated areas. C. Should conditions make it impracticable or unsafe to stack material adjacent to the trench, the material shall be hauled and stored at a location provided.When required, it shall be re-handled and used in backfilling the trench. 3.5 OSHA SAFETY COMPLIANCE A. Description: The use of trench box or other approved means to comply with the Florida Trench Safety Act(Chapter 90- 96, Laws of Florida), and OSHA Trench Safety Standards, shall be used where excavation exceeds 5 feet in depth. CS/HB 3183 called for the OSHA revised excavation safety standards(29 C.F.R.S 1926.650,Subpart P)to be the safety standards for work under this section. B. Requirements: The Contract bid submitted by the Contractor who will perform such excavation shall include: 1. A reference to the trench safety standards that will be in effect during the period of construction. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02320-178 TRENCHING AND EXCAVATION April 2021 06 0 2. Written assurance that such Contractor will comply with the applicable trench safety standards. 3. A unit price quotation on the appropriate line item identifying the cost of compliance(as established in the Summary of Bid Items). 4. Slope slides of excavations to comply with local codes,ordinances,and requirements of agencies having jurisdiction. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. Maintain sides and slopes of excavations in safe condition until completion of backfilling. C. Execution by Contractor 1. The Contractor performing trench excavation shall, as a minimum, comply with the excavation safety standards,which are applicable to this project. 2. Adhere to any special shoring requirements, if any,of the State or other political subdivisions,which may be applicable to such a project. 3. The Contractor shall consider all geotechnical information, including his own site investigation, in his design of the trench safety system he will employ on the project. The Contractor shall submit his design to the Project Manager at the Pre-Construction Conference. 4. Trenches and excavations shall not be left open overnight without the written authorization of the Project Manager. All trenches and excavations within 6-feet of the edge of roadway shall be backfilled and properly compacted or trench-plated by the Contractor. In either case, the Contractor shall place type II lighted barricades and snow fence around the trench/excavation at the end of each working day. 5. Trenches or excavations that reduce the roadway or travel lane width shall be backfilled with suitable sub- grade material and road rock. If the temporary reinstatement is to be in place longer than 48 hours,the roadway shall backfilled and trench-plated by the Contractor. In either case, the Contractor shall place type II lighted barricades adjacent to the roadway impact area(s). 3.6 SHEETING AND BRACING A. The Contractor shall provide all trench and structural bracing,sheeting,or shoring necessary to construct and protect the excavation,existing utilities,structures and private property of all types and as required for the safety of the employees. Sheeting shall be removed during backfilling operations.Removal of shoring for structures shall be done in such a manner as not to disturb or mar finished masonry or concrete surfaces. B. When moveable trench bracing such as trench boxes,moveable sheeting,shoring or plates are used to support the sides of the trench,care shall be taken in placing and moving the boxes or supporting bracing to prevent movement of the pipe,or disturbance of the pipe bedding and backfill. C. When installing pipe,trench boxes, moveable sheeting,shoring or plates that extend below the mid diameter of the pipe shall be raised to the mid diameter of the pipe before they are moved forward or removed from the excavation. As trench boxes, moveable sheeting, shoring or plates are raised and moved, suitable backfill material shall be placed to fill any voids created and the backfill shall be re-compacted and density tested to provide and confirm uniform side support for the pipe. Refer to Section 02324 BACKFILL for additional information and requirements. D. The cost for use of trench boxes and/or steel sheeting will be included in the bid items for pipe and structures and shall include full compensation for driving, bracing and later removal of sheeting. E. All sheeting and bracing shall be carefully removed in such manner as not to endanger the construction of other structures, utilities, or property, whether public or private. All voids left after withdrawal of sheeting and/or bracing shall be immediately refilled with suitable backfill materials by ramming with tools especially adapted to that purpose. Compaction and density verification testing is required. 3.7 PROTECTION OR REMOVAL OF UTILITY LINES A. Prior to construction the Contractor shall locate for physical location,elevation and dimensions and adequately uncover existing utilities, (within the path of his proposed work), to determine possible conflicts. By starting underground constructions,the Contractor has agreed that they are fully responsible for any and all damages and/or delays that may arise from not having adequately locating the underground utilities. This applies to underground utilities that are shown on the project construction drawings and those that have been physically marked in the field by the various locating organizations or agencies. B. Information provided on the plans may be used as an approximate guide to assist the Contractor,however,the Contractor shall rely on actual field investigation to assure that all of the existing utilities are accurately located prior to commencement of his work. C. Existing structures reflect the best available information,but it shall be the Contractor's responsibility to acquaint him with all information and to avoid conflict with existing conditions.Protect all existing utility lines that are to be retained,or utility Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02320-179 TRENCHING AND EXCAVATION April 2021 06 0 line constructed during excavation operations, from damage during excavation and backfilling; if damaged, repair at Contractor's expense. D. Existing Utility Lines to be Retained: Repair damaged lines that are not shown on drawings,or locations of which are not known to Contractor in sufficient time to avoid further damage. E. Uncharted or incorrectly charted underground utilities that are discovered during construction shall be incorporated into the project As-Builts with vertical and horizontal coordinates. F. Prior to commencement of any excavation,the Contractor shall comply with Florida Statute 553.851 for the protection of underground gas lines and underground telecommunication lines. 3.8 BACKFI LL A. Refer to Section 02324 BACKFILL for backfill,compaction and density testing requirements. 3.9 FIELD QUALITY CONTROL A. Section SCO1400 QUALITY REQUIREMENTS. B. Compaction testing will be performed in accordance with ASTM D1556 or AASHTO T180. C. If tests indicate Work does not meet specified requirements,remove Work,replace,compact,and retest. Referto Section SCO1025 MEASUREMENT AND PAYMENT. D. Frequency of Density Tests:Refer to Section 02324 BACKFI LL. 3.10 PROTECTION OF FINISHED WORK A. Maintain the elevations and contours of berms,ponds and embankments during construction. B. Reshape and re-compact fills subjected to vehicular traffic during construction. 3.11 PAVEMENT, REMOVAL,AND REPLACEMENT A. Removal: Where it is necessary to cut existing pavement,curbs,gutters,make saw cut with neat,parallel straight lines, at least 2 feet wider than trench width on each side of trench;approved dust control measures shall be implemented by the Contractor when cutting roadways and curbs. B. Replacement: Replace pavement, curbs and gutters, and sidewalks to same cross section as original, except when otherwise detailed on the project construction drawings, using materials same as original construction. Replace no pavement until trench has been backfilled,compacted and accepted as specified herein. C. Temporary Surfaces: Temporary Surfaces: For temporary road surface, use temporary asphalt. Crushed stone(to be compacted and maintained daily-watered at least 3 times a day)will be allowed for a maximum of 2 days.Otherwise the temporary or final asphalt will be mandatory.Temporary surfaces are considered incidental to the associated line item. One-way traffic must be maintained at all times and street must be fully opened to traffic as quickly as possible. The temporary surface or permanent pavement shall be placed no later than 2 days after the trench backfilling. Completely remove temporary materials and dispose when permanent pavement is replaced. SPECIAL NOTE: The Owner retains the option to utilize up to 20%of the excess material from excavation and trenching operations. If the Owner exercises this option, Contractor shall stockpile the excess material and deliver to the Owner's facility as directed by the Project Manager. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02320-180 TRENCHING AND EXCAVATION April 2021 Page 1:796of 06 0 SECTION 02322 DEWATERING AND DRAINAGE ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards,latest edition,as reference documents. It is the intent of the Utilities Department that this technical specification (02322) shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 120-Excavating and Embankment • Section 125-Excavation for Structures and Pipe • Section 160-Stabilizing • Section 514-Plastic Filter Fabric(Geotextile) In the event that this technical specification(02322)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards,it is the responsibility of the Contractor to request clarification or resolution,in writing, from the Project Manager and Engineer. ***************************************************************** 1 PART 1 GENERAL 1.1 STATUTORY REQUIREMENTS A. Contractor is responsible to obtain and pay for all permits required for temporary dewatering and drainage systems as required by the appropriate authorities having jurisdiction over the work. B. Original permits shall be prominently displayed on the site prior to constructing dewatering and drainage systems. 1.2 SCOPE OF WORK A. Furnish,install,operate, monitor,maintain and remove temporary dewatering and drainage systems as required and lower and maintain groundwater levels a minimum of 2 feet below sub-grades of excavations. Continuously maintain excavations free of water, regardless of source, and until backfilled to final grade. Prevent surface water runoff from entering or accumulating in excavations. B. Furnish the services of a licensed professional engineer registered in the State of Florida,to prepare dewatering and drainage system designs and submittals. C. Collect and properly dispose of all discharge water from dewatering and drainage systems in accordance with State and local requirements and permits.As a minimum, no discharge or run-off of groundwater or surface water that is contaminated with any petroleum products (gasoline, diesel fuel, oil, grease, hydraulic fluid, etc.) and/or sanitary waste shall be made to surface water systems such as lakes, rivers, streams, the Intracoastal Waterway or"on-site"retention ponds that secondarily discharge to these surface water systems. D. Repair damage caused by dewatering and drainage system operations. E. Remove temporary dewatering and drainage systems when no longer needed. Restore all disturbed areas. F. Furnish, install, monitor,maintain and remove groundwater observation wells(piezometers)as specified herein. 1.3 RELATED SECTIONS A. The pre-design Geotechnical report is being provided for"reference only"and to provide the Contractor with the bore hole locations and general findings of subsurface materials. Refer to Section 02320 TRENCHING AND EXCAVATION for additional clarification. B. Section SC01010—Summary of Project C. Section SC01110—Environmental Protection Procedures Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02322-181 DEWATERING AND DRAINAGE April 2021 06 0 D. Section SC01025-Measurement and Payment E. Section SCO1400-Quality Requirements F. Section 02300—Earthwork G. Section 02320—Trenching and Excavation H. Section 02324-Backfill 1.4 UNIT PRICE—MEASUREMENT AND PAYMENT A. There is no unit pricing for this work and all on-site dewatering and drainage shall be considered to be incidental to the cost of the associated pay item(s). B. If identified in the Schedule of Bid Items,the cost of securing a General Water Use Permit from the South Florida Water Management District shall be reimbursed as an Allowance in accordance with Section SCO1025 MEASUREMENT AND PAYMENT. 1.5 SUBMITTALS A. Submit, in accordance with Section SCO1340 SHOP DRAWINGS,WORK DRAWINGS, AND SAMPLES the temporary dewatering and drainage system plan and design. At the discretion of the Owner, dewatering and drainage system designs shall be prepared by a licensed professional engineer, registered in the State of Florida, having a minimum of 5 years of professional experience in the design and construction of dewatering and drainage systems.The submittal will be for authorization to make formal permit application to the South Florida Water Management District for the General Water Use Permit. The Contractor shall be responsible for adequacy and safety of construction means,methods and techniques. 1.6 DEFINITIONS A. Wellpoint: A dewatering system utilizing wellpoints to extract surrounding groundwater in the area of trenching/excavating in order to maintain the operation in a dry condition for preparation of the trench bottom,for pipe laying, placement of bedding material and/or backfill,compaction and density testing. B. A dry excavation / trench: Shall be defined as the in situ soil moisture content is no more than two percentage points above the optimum moisture content for that general soil. 2 PART 2 PRODUCTS 2.1 Pump Drivers A. Noise levels emitted by diesel and/or gasoline pump drivers shall be controlled by the use of a "quiet- pack" muffler system or other suitable sound attenuation methods and shall not exceed 60 dB for daytime use and 55 dB for night time use at the nearest"receiving"property line. Contractor shall demonstrate, measure and record the dB levels at the time of initial set-up. The Contractor shall record dB levels weekly. The City's Code Compliance Division of the Boynton Beach Police Department shall have jurisdictional control over the Contractor's compliance with the City's Noise Ordinance. 3 PART 3 EXECUTION 3.1 GENERAL A. Protection of Property — Contractor shall make an assessment for dewatering induced settlement and shall provide devices or systems, including but not limited to re-injection wells,infiltration trenches and cutoff walls, necessary to prevent damage to existing facilities,completed Work and adjacent facilities. B. Control surface water and groundwater such that excavation to final grade is made in the dry,and bearing soils are maintained undisturbed. Prevent softening, or instability of, or disturbance to, the sub-grade due to water seepage. C. Provide protection against flotation for all work. D. The impact of anticipated subsurface soil/water conditions shall be considered when selecting methods of excavation and temporary dewatering and drainage systems.Through the use of groundwater observation wells(piezometers),where groundwater levels are found not to be at least 2 feet below the proposed bottoms of Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02322-182 DEWATERING AND DRAINAGE April2021 Page 1:798 of 1 06 0 excavations, a pumped dewatering system is required for pre-drainage of the soils prior to excavation and for maintenance of the lowered groundwater level until construction has been completed to such an extent that the foundation,structure, pipe,conduit,or fill will not be floated or otherwise damaged. Type of dewatering system, spacing of dewatering units and other details of the work are expected to vary with soil/water conditions at a particular location. E. Wellpoints shall not be set in such a way that undermines or jeopardizes paved areas; if the setting of wellpoints undermines or impacts paved areas, the impacted areas shall be removed and restored equal to or better than their original condition at the expense of the Contractor. F. Pipe and conduit shall not be installed in water or allowed to be submerged prior to backfilling. Pipe and conduit which becomes submerged shall be removed and the excavation dewatered and restored to proper conditions prior to reinstalling the pipe and conduit 3.2 SURFACE WATER CONTROL A. Control surface water runoff to prevent flow into excavations. Provide temporary measures such as dikes,ditches and sumps. 3.3 GROUNDWATER OBSERVATION WELLS(PIEZOMETERS) A. Groundwater observation wells (piezometers) shall be installed for monitoring groundwater levels before and during construction / installation of pipelines, foundations and structures that are below or just above the existing groundwater table. A minimum of one well for every 100 feet of pipeline and two wells at each foundation or structure in locations accepted by the Engineer. Observation wells shall be designed and installed in such a manner as to provide an accurate and reliable indication of the groundwater levels adjacent to the pipelines,foundations and structures. B. Each observation well shall be installed in a 2/2 inch diameter bore hole extending at least 4-ft below the invert of the pipeline, foundation or structure. Backfill the annular space surrounding the intake and casing with filter sand especially processed for this purpose. Cap the top of the well to prevent infiltration of surface water. C. Maintain observation wells until pipelines,foundations and structures are backfilled. Observe and record daily the groundwater elevation in each well. Furnish measurements daily to the Project Manager. Periodically verify observation well accuracy by adding water to the well and recording the drop in level from the time the water was added. Redevelop plugged observation wells to maintain accuracy and reliability of groundwater level indication. D. Excavation work shall not be performed until the readings obtained from the observation wells indicate that the groundwater has been lowered at least 2 feet below the bottom of the sub-grade within the limits of excavation. 3.4 DISPOSAL OF DRAINAGE WATER A. All water discharged from temporary dewatering and drainage systems shall be disposed of in accordance with the sedimentation and control plans as specified in Section SC01110 ENVIRONMENTAL PROTECTION PROCEDURES. Existing or new sanitary sewer systems shall not be used to dispose of drainage without written authorization from the Project Manager. B. Collect and properly dispose of all discharge water from dewatering and drainage systems in accordance with State and local requirements and permits. As a minimum, no discharge or run-off of groundwater or surface water that is contaminated with any petroleum products (gasoline, diesel fuel, oil, grease,hydraulic fluid,etc.)and/or sanitary waste shall be made to surface water systems such as lakes,rivers, streams,the Intracoastal Waterway or"on-site"retention ponds that secondarily discharge to these surface water systems. 3.5 DEWATERING A. All State and local permits associated with dewatering are the responsibility of the Contractor. B. Dewatering systems shall be designed to allow for localized variations in the depths of the excavations. C. Prevent surface water and subsurface or groundwater from flowing into excavations and from flooding project site and surrounding areas. All pumping and drainage shall be done with no damage to property or structures and without interference with the rights of the public,owners of private property,pedestrians and vehicular traffic. D. Do not allow water to accumulate in excavations. Remove water to prevent softening of foundation bottoms, undercutting footings, and soil changes detrimental to stability of sub-grades and foundations. Provide and maintain pumps, well points, sumps, suction and discharge lines,and other dewatering system components necessary to convey water away from excavations. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02322-183 DEWATERING AND DRAINAGE April 2021 page 1:791-1 A r 06 0 E. Establish and maintain temporary drainage ditches and other diversions outside excavation limits to convey rainwater and water removed from excavations to collecting or runoff areas. Do not use trench excavations as temporary drainage ditches. F. Dewatering shall be accomplished well enough in advance of excavation to ensure that groundwater is already lowered prior to completing the final excavation to finish grade. G. Lower and maintain groundwater level a minimum of two(2) feet below bottom of excavation during placement and compaction of bedding material and foundation soils and during placement and compaction of fill and back-fill material. H. Excavations for foundations and structures shall be maintained in-the-dry for a minimum of 4 days after concrete placement. In no event shall water be allowed to enter an excavation and rise to cause unbalanced pressure on foundations and structures until the concrete or mortar has set at least 24 hours. I. Dewatering and drainage operations shall at all times be conducted in such a manner as to preserve the natural undisturbed bearing capacity of the sub-grade at the bottom of the excavation. If the sub-grade becomes disturbed for any reason,the unsuitable sub-grade material shall be removed and replaced with concrete,compacted granular fill,or other approved material to restore the bearing capacity of the sub-grade to its original undisturbed condition at no additional cost to the Owner. 3.6 DAMAGE RESTORATION A. Damage restoration:The Contractor shall be responsible for any heaving, settlement and/or separation of pavement that results from the dewatering operations. A damage restoration/remediation plan will be required for review and authorization to proceed. 3.7 RESTORATION OF DEWATERING ACTIVITIES A. As the wellpoints are withdrawn,the locations of the voided areas shall immediately backfilled by jetting approved backfill material into the voids until they are completely filled.These restored wellpoint voids are subject to random density verification testing. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02322-184 DEWATERING AND DRAINAGE April 2021 06 0 SECTION 02324 BACKFILL ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification(02324)shall govern the applicable project work that it typically identified in the following FDOT Specification and Standard sections: • Section 125-Excavation for Structures and Pipe • Section 514-Plastic Filter Fabric(Geotextile) In the event that this technical specification (02324)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards,it is the responsibility of the Contractor to request clarification or resolution,in writing, from the Project Manager and Engineer. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Materials B. Execution C. Examination D. Preparation E. Bedding F. Backfilling G. Field Quality Control H. Compaction I. Frequency of Tests 1.2 RELATED SECTIONS A. Section SC01025-Measurement and Payment B. Section SC01340—Shop Drawings,Work Drawings, and Samples C. Section SCO1400-Quality Requirements D. Section 02060—Aggregate Materials E. Section 02300—Earthwork F. Section 02320—Trenching and Excavation G. Section 02322—Dewatering and Drainage H. Section 02371 -Riprap and Rock Lining I. Section 02740—Subgrade, Base Course and Asphalt 1.3 REFERENCES Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02324-185 BACKFILL April 2021 Page 1:741 of 1 06 0 A. AASHTO T180 - Standard Specification for Moisture-DensityRelations of Soils Using a 4.54-kg (10-Ib)Rammer and a 457-mm (18-in)Drop. B. ASTM D1556 - Standard Test Method for Density of Soil in Place by the Sand-Cone Method. C. ASTM D1557 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort(6,000 ft-Ibf/ft3(2,700 kN-m/m3)). D. ASTM D2922 - Standard Test Method for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth). E. ASTM D3017 - Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth). F. ASTM D 2487-06 — Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System) 1.4 UNIT PRICE-MEASUREMENT AND PAYMENT A. Material that is excavated for the purpose of installing water mains and service connections, force mains,sanitary sewers and laterals or storm drainage piping and their associated public manholes and structures and then reused as bedding and/or backfill material are not subject to this UNIT PRICE-MEASUREMENT AND PAYMENT provision. The use of the in-situ material as backfill material shall be considered as incidental to the item installation. B. Fill Type—Fine Aggregate: By the cubic yard. Includes excavating existing subsoil, supplying fill materials, stockpiling, scarifying substrate surface, placing where required,and compacting. C. Structural Fill Type — Course Aggregate : By the cubic yard. Includes supplying fill material, stockpiling, scarifying substrate surface, placing where required,and compacting. D. Concrete (Flowable) Fill: For "areas", by the cubic yard, and for grout filling of abandoned pipe, by the linear foot. Includes supplying materials, forming,mixing,and placing(and curing where required). 2 PART 2 PRODUCTS 2.1 FILL MATERIALS-GENERAL A. All fill material shall be approved by the Project Manager and Engineer. Contractor shall notify the Project Manager and Engineer 1 week in advance of providing imported material, shall provide a 1 cubic yard sample and the results of a signed and sealed proctor test and material classification report for the material to the Project Manager and Engineer. B. Materials generated from the on-site excavations or imported from an off-site source may be utilized for backfill of pipeline and associated structure excavations provided the materials consist of relatively clean sands or reasonably well graded, relatively clean sand-gravel mixtures that are free of timber, roots, clods, construction demolition debris, rubbish,trash or other deleterious matter.The materials shall have a maximum size of 1 inch, have not more than 10 percent passing the US Standard No. 200 Sieve and contain not more than 2 percent (by weight)of organic matter. C. Satisfactory soil materials are defined as those complying with ASTM D 2487 soil classification groups GW, GP, SW,and SP. D. Unsatisfactory soil materials are defined as those complying with ASTM D 2487 soil classification groups GC,GM,SC, SM, ML, MH,CL,CH,OL,OH,and PT. E. Coarse Aggregate shall conform to FDOT Specification 901 with the exception that slag or crushed slag shall not be used.Stone size shall be No.57. F. Fine Aggregate shall conform to FDOT Specification 902.G. Subbase, Backfill,and Fill Materials:Satisfactory soil materials free of clay, debris, waste, vegetation, rock or gravel larger than 2 inches in any dimension, and other deleterious matter. 2.2 ACCESSORIES Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02324-186 BACKFILL April 2021 page 1:7411 06 0 A. Geotextile Fabric: Non-biodegradable, woven per FDOT Specification Section 514. 3 PART 3 EXECUTION 3.1 EXAMINATION A. Inspect the area to be backfilled to assure that all preceding work activities have been completed and accepted, otherwise,the Contractor will be"at risk"until the preceding work has been accepted by the Project Manager. 3.2 DEFINITION OF BACKFILL ZONES A. Lowest Zone: The lowest zone is backfilled for deep undercuts up to within 6-inches of the bottom of the pipe. B. Bedding Zone: The zone above the lowest zone is the Bedding Zone. Usually it will be backfill which is the 6-inches, or the thickness identified on the project construction drawings, of soil below the bottom of the pipe. If the bedding zone has been constructed (vs. undisturbed in-situ material), the Bedding Zone shall be placed in lifts no greater than 6-inches (compacted thickness). C. Cover Zone:The next zone is backfill that is placed after the pipe has been laid and will be called the Cover Zone. This zone extends to 12-inches above the top of the pipe.The Cover Zone and the Bedding Zone are considered the Soil Envelope for the pipe. The Cover Zone shall be placed in lifts no greater than 6-inches (compacted thickness). D. Top Zone:The Top Zone extends from 12-inches above the top of the pipe to the base or final grade. The Top Zone shall be placed in lifts no greater than 12-inches compacted thickness). 3.3 BACKFILL FOR PIPELINES A. LOWEST ZONE 1. When over-excavation is required due to unforeseen site conditions backfill of the over-cut shall have a minimum thickness of 6-inches and shall be manually or mechanically tamped to simulate comparable density to that of the native soils. B. BEDDING ZONE 1. Excavate pipe trench in accordance with Section 02320 TRENCHING AND EXCAVATION for work of this Section. Hand trim excavation for accurate placement of pipe to elevations indicated. If a trench box is used for the installation of the piping, it shall be raised to an elevation even with the top of the pipe before the Bedding Zone materials are placed. Once the trench- box has been moved upward,forward or removed from the excavation,the voids created by this action shall receive supplemental backfill material and re- compacted to 98% of modified proctor where applicable. 2. If required, bedding material shall be placed to provide uniform support along the bottom of the pipe and to place and maintain the pipe at the proper elevation. The initial layer of bedding placed to receive the pipe shall be brought to the grade and dimensions indicated on the project construction drawings. All bedding shall extend the full width of the trench bottom. The pipe shall be placed and brought to grade by tamping the bedding material or by removal of the excess amount of the bedding material under the pipe.Adjustment to grade line shall be made by scrapping away or filling with bedding material.Wedging or blocking up of pipe is not permitted.Applying pressure to the top of the pipe,such as with a backhoe bucket,to lower the pipe to the proper elevation or grade shall not be permitted. 3. Were wet or unstable soil that is incapable of properly supporting pipe,as determined by Project Manager and Engineer,is encountered in the bottom of trench,the trench bottom shall be excavated to a depth of at least two feet below the specified trench bottom. Place filter fabric in the bottom of the trench and support the filter fabric along the trench walls until the over-excavation has been backfilled, in two (2) 1-foot lifts (as applicable based on the backfill material; structural backfill or FDOT rock). The ends of the filter fabric shall be overlapped prior to placing the pipe. C. COVER ZONE 1. Haunching: Initial backfill/haunching material shall be carefully placed by hand until one third of the pipe diameter has been covered. The Contractor shall use non-mechanical means to tamp Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02324-187 BACKFILL April 2021 Page 1:749 of 1 06 0 the backfill/haunching material to form unified initial support for the pipe for each lift. 2. After haunching of the pipe, carefully and evenly backfill trenches on all sides with suitable backfill materials and thoroughly and carefully tamped each lift until the backfill material reaches the same elevation as the top of the pipe. If a trench box is used for the installation of the piping, it shall be raised to an elevation even with the top of the pipe before the Cover Zone backfill materials are placed. Once the trench-box has been moved upward,forward or removed from the excavation,the voids created by this action shall receive supplemental backfill material and re-compacted to 98%of modified proctor. 3. To prevent longitudinal movement of the pipe, dumping backfill material into the trench and then spreading will not be permitted until approved material has been placed and compacted to a level 1- foot over the pipe. D. TOP ZONE 1. For the remaining lifts of backfill, the material shall be placed in 12-inch lifts and compacted.Compact each layer to a density of 98% of modified proctor in paved areas and 95% of modified proctor in landscaped and open areas. 2. For all non-metallic pipeline installations,detection tape shall be buried 4 to 10-inches beneath the ground surface directly over the top of the utility. Should detection tape need to be installed deeper,the Contractor shall provide 3-inch wide tape. In no case shall detection tape be buried greater than 20-inches from the finished grade surface. Detection tape shall be appropriately identified based on the specific utility installation. 3.4 FOR STRUCTURES: A. All structures shall be marked and numbered with gradient lines, by the Contractor, to indicate the required lift thickness. B. Carefully backfill around all sides in a continuous and progressive manner in lifts no greater that 6-inchs (compacted thickness)with excavated materials approved for backfilling,free from large clods of earth and stones and compact to 98%of modified proctor in all areas. C. For the sides of the structure where there is pipe penetration, the compacted backfill shall be brought up to a point where the pipe, at the correct invert elevation, is resting on compacted backfill. A bell-hole, extending no further than 1-foot from the structure,may be left around the penetration point for mudding-up around the pipe. 3.5 GENERAL BACKFILL A. All backfill operations shall be done in the dry. The dry condition shall be maintained during placement, compaction and density testing. B. As soon as practicable after the pipe has been laid and jointed,backfilling shall begin and thereafter be prosecuted expeditiously. C. Flooding of backfill (with potable water)will only be permitted when so directed in writing by the Project Manager. D. Reopen improperly backfilled trenches, or trenches where settlement occurs,to depth required for proper compaction,as determined by the Engineer,then refill and compact, with surface restored to required grade and compaction, mounded over and smoothed off. E. Backfill open trenches across roadways or other areas to be paved as specified above, backfill entire depth of trench in 6-inch layers, and compact each layer to a density of 98% of modified proctor, so that paving can proceed immediately after backfilling is completed. F. Grade ground to reasonable uniformity along all other portions of trenches and leave mounding over trenches in a uniform and neat condition,to the satisfaction of Engineer. G. Except as otherwise indicated, top of all piping and conduit to be 36" below finish grade(keeping project swale development in mind)unless incased in concrete.Concrete encasement to consist of a minimum of 4"thick concrete base slab placed prior to installation of piping or conduit and a minimum 4" thick concrete encasement (sides and top) placed after installation and testing of piping or conduit. H. Backfill excavations as promptly as work permits, but not until completion of the following: 1. Acceptance of construction below finish grade including,where applicable, damp proofing, waterproofing,and perimeter insulation. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02324-188 BACKFILL April 2021 Page 1:744 of 1 06 0 2. Inspection, testing, approval,and recording locations of underground utilities have been performed and recorded. 3. Removal of concrete formwork. 4. Removal of trash and debris from excavation. I. Backfill areas to contours and elevations with approved materials. J. Systematically backfill to allow maximum time for natural settlement. Do not backfill over porous, wet or spongy subgrade surfaces. K. Place geotextile fabric over Class A-7 material existing prior to placing next lift of fill(if approved). L. Employ a placement method that does not disturb or damage other work. M. Maintain optimum moisture content of backfill materials to attain required compaction density. N. Backfill against supported foundation walls and concrete structures. Do not backfill against unsupported foundation walls. O. Backfill simultaneously on each side of unsupported foundation walls until supports are in place. P. Slope grade away from building minimum 2 inches in 10 ft, unless noted otherwise. Q. Make gradual grade changes. Blend slope into level areas. R. Remove surplus backfill materials from site as directed by the Project Manager and/or Engineer. S. Leave fill material stockpile areas free of excess fill materials. T. TOLERANCES: 1. Top surface of backfill for site clearing and general earthwork shall be plus or minus 0.10 foot from required elevations. 2. Top surface of backfill for the creation of or improvements to berms or other stormwater containment earthworks shall be plus 0.10 foot, minus 0.00 foot from required elevations. 3.6 FIELD QUALITY CONTROL A. Section SCO1400 QUALITY REQUIREMENTS B. Compaction testing will be performed in accordance with ASTM D1556 or AASHTO T180 in locations as specified by the Project Manager or Engineer. Project Manager and/or Engineer are to select specific locations and lifts as well as witnessing of all compaction testing. C. If tests indicate Work does not meet specified requirements,remove Work,replace and retest. 3.7 COMPACTION A. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentages of maximum density, in accordance with AASHTO T-180 specifications or ASTM D1557: 1. Structures, Building Slabs and Steps: 98% of the modified proctor. 2. Pipe Bedding Zone and Cover Zone: 98% of the modified proctor. 3. Driveway aprons, sidewalk sections that form part of a driveway apron,driveways and roadways: As a minimum, compact top 12" of subgrade and each layer of backfill or fill material to 98% Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02324-189 BACKFILL April 2021 06 0 of the modified proctor. Roadways may require special subgrade stabilization as specified in the project construction drawings. 4. Lawn or Unpaved Areas: From 1-foot above the top of the pipe (Top Zone), 95% of the modified proctor; areas around structures shall be 98%of the modified proctor. 5. Sidewalks and walkways: Compact top 12 inches of subgrade and each layer of backfill or fill material to 95%of the modified proctor. B. All subgrade shall be compacted and tested up to 6-inches from the edge of the pavement (asphalt or concrete). If for specific design reasons and the project construction drawings requires an area greater than 6-inches outside the edge of slab to be compacted and tested, then those more stringent requirements shall take precedence. C. Frequency of Tests: 1. Pipelines: In Public Right Of Way, swales and under sidewalks, every 100 feet per lift, for driveway aprons each lift, for road crossings each lift in three (3) locations, as directed by Engineer or Project Manager. Additionally, in the event of low production, density verification testing shall be performed on each day's work as directed by the Project Manager or Engineer. 2. In utility easements,every 200 feet per lift. 3. Public Manholes and Structures: Each lift around structure;all sides shall be tested in random order. In addition,the final lift under pipe penetrations shall be tested. 4. Berms: Every 200 feet per lift. 5. Swales: For areas that have been built-up and a swale cut-in every 200 feet; otherwise, density testing of swales cut-in to existing ground does not require density testing. D. The Contractor's Test Lab is to "map" all density test results (pass and fail)on the Record Drawings on each day when field tests are performed. Contractor's Testing Lab shall leave a copy of the day's density testing results on site. E. Contractor is to instruct their Testing Lab to directly mail signed and sealed copies of all Test Reports (Proctor, Density,Water Quality, etc.)to the Project Manager and Engineer on a weekly basis. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02324-190 BACKFILL April 2021 Page 1:746 of 1 06 0 SECTION 02446 DIRECTIONAL DRILLING(PIPE LARGER THAN 12") The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards,latest edition,as reference documents. It is the intent of the Utilities Department that this technical specification(02446)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 555—Directional Bore In the event that this technical specification(02446)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards,it is the responsibility of the Contractor to request clarification or resolution,in writing,from the Project Manager and Engineer. 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittals B. Contractor Qualifications C. Products D. Pipelines(Directional Drilling) E. Directional Drilling Equipment F. Installation G. Backfill and Restoration 1.2 RELATED SECTIONS A. Section SC01025-Measurement and Payment B. Section SC01340—Shop Drawings,Work Drawings,and Samples C. Section SCO1400-Quality Requirements D. Section SC01700—Contract Closeout E. Section 02320—Trenching and Excavation F. Section 02324—Backfill G. Section 02513—Public Water&Reclaimed Water Distribution Systems H. Section 02536—Force Mains 1.3 REFERENCES Not Used. 1.4 UNIT PRICE-MEASUREMENT AND PAYMENT A. Pipe by Directional Drilling: By the linear foot. Includes mobilization of equipment,dewatering, excavation of entry, exit recovery pits or any other excavation,steel pipe sleeve material(if required by the project construction drawings), carrier pipe, casing vents(as required), directional drilling operation, backfill, compaction, density testing, grouting casing ends and restraints(if/where necessary). B. Carrier pipe: By the linear foot. Includes mobilization of equipment,dewatering,carrier pipe,and pressure testing. C. Valves: Refer to Section SCO1025 MEASUREMENT AND PAYMENT. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02446-191 DIRECTIONAL DRILLING 12 IN+ April 2021 Page 1:17_4r 06 0 1.5 SUBMITTALS E. The plan and profile included in the Project Manual describes suggested drill paths that provide for adequate starting and ending locations for the pipeline. The indicated starting and ending locations have been selected to minimize surface impacts,avoid existing landscaping and minimizing disruption to vehicular and pedestrian traffic. Contractor shall review and, if necessary propose modifications to the proposed drill path as needed to avoid impacts to existing utilities and optimize the installation. Contractor shall review the estimated lengths of pipe needed for installation including an appropriate allowance of pipe required for the pipe to recover and relax from installation loads and other conditions and,if necessary,propose modified lengths. F. The plan and profile in the Project Manual provides the approximate location of the existing known utilities. Contractor shall be fully responsible for the determination and verification of the exact location of the existing utilities along the project corridor prior to beginning work. G. The plan and profile provided in the Project Manual provides the calculated radii for the vertical and horizontal curves in each HDD and the horizontal lengths of each segment for the suggested drill profiles and paths. The radii and lengths have been calculated on the basis of assumed drill entry and exit angles from the horizontal as shown on the plans at the locations shown and for the minimum depths as shown on the profile. The Contractor may propose an alternate drill profile.Any proposed modifications to the suggested path, profile,entry or exit sites shall require review and approval by the Engineer and Owner. If the Contractor changes the drill geometry for his convenience, he shall bear any additional costs related to the alternative installation. H. The Contractor shall determine the handling and installation loads for all phases of the work. Contractor shall include forces resulting from frictional resistance between the pipe and the borehole,frictional resistance from the pipe and the ground,forces from bends,hydrokinetic drag,resistance due to pipe stiffness,as well as other installation and handling loads as applicable. Contractor shall determine allowable loads for the pipe including the appropriate factor of safety for successful installation, however,the factor of safety shall not be less than 2.0 for the yield stress of the pipe material nor shall it exceed the recommended limits identified by the pipe manufacturer, whichever is more stringent. I. Confirm appropriate size of the reamed borehole and the drilling fluid proposed for installation. J. Contractor shall propose procedures for assembly of the pipe string. K. Shop Drawings:The CONTRACTOR shall submit shop drawings of pipe in accordance with the requirements in Section SC01340, SHOP DRAWINGS,WORK DRAWINGS,AND SAMPLES,and the following supplemental requirements as applicable: 1. HDD Contractor qualification. 2. Installation schedule which includes excavation, pipeline installation,and backfill operations. 3. Detailed locations and sizes of all pits. 4. Any proposed modifications to the suggested alignment and profile taking into account verified locations of utilities. Include modifications as needed to optimize the installation. 5. Anticipated loads for pipe installation and related calculations for all phases of the work. Submit maximum allowable load for the pipe. Include manufacturer's written recommendations. 6. Advance rate and work activity durations for drilling, reaming,and pipe installation activities. In this schedule, Contractor shall identify when the anticipated time frame or noise output shall occur and exceed normal operating hours and/or noise conditions. Owner approval will need to be obtained to operate beyond the hours identified in the specifications. 7. Diagram showing pipe layout area and arrangement for the pipe joining equipment. If Contractor proposes to make up pipe string in more than one section,submit details of pipe joining,pipe pull-in and considerations for design of drilling fluid. 8. High density polyethylene pipe and fittings product information. 9. Joining methods and equipment for pipe and fitting materials selected. 10. Drilling fluid product information and Material Data Safety Sheets for bentonite and additives. 11. Equipment data for drilling, reaming, pulling, pushing and locating equipment. 12. Drilling fluid handling equipment. Bid No.079-2821-21-PRE-CHLORINATED PIPE BURSTING 02446-192 DIRECTIONAL DRILLING 12 IN+ April 2021 A -6 41 06 0 13. Detailed site layout plan showing locations of all items of equipment,piping,offices and trailers, Contractor's access limits, pipe assembly and layout area,materials storage,and other considerations affecting public and private use of lands near the work. 14. Identify disposal sites for drilling fluid and cuttings disposal and provide procedures for handling and disposal of cuttings and drilling fluid in accordance with all local,state and federal requirements. 15. Copies of all required permits that are not provided by Owner. 16. Pull-back or push-back buoyancy modification procedure and plan. 17. Work plan for minimizing release of drilling fluids. 18. Work plan for maintaining traffic to all local residents and businesses at all times. 19. A contingency plan for inadvertent loss of drilling fluid and related containment plan for land based loss and water based loss. 20. Contractor shall submit a project schedule in accordance with the requirements of Section SC01310. The schedule shall include all major tasks including the following: a. High density polyethylene pipe fittings delivery b. Mobilization and setup C. High density polyethylene pipe assembly and pressure testing d. Pilot hole drilling e. Reaming f. Pipe pulling g. Demobilization h. Restoration of disturbed areas 21. A work plan shall be submitted with the following information: a. The pipe assembly and pull-in procedures. b. Method of monitoring location of directional drill and method of adjusting heading of drill paths. 22. Proposed ground movement monitor locations,equipment,and survey results. 23. Complete as-built of installed pipelines showing the location as determined from the pilot hole location log. L. Data to be submitted during or a maximum of 10 days after completion of HDD installation: 1. Raw pilot hole data including all magnetic steering tool and surface monitoring system readings. 2. A tabulation of coordinates, referenced to the drilled entry point,which accurately describes the location of the pilot hole a maximum of every 25 feet of pipe length over land. 3. A log of all readings recorded during the course of HDD operations, including thrust,torque, pull back load or push back load,and slurry flow rate recorded every 20 feet of pipe length pulled or pushed. 1.6 CONTRACTOR QUALIFICATIONS A. Contractor performing the work under this section must be one experienced and regularly engaged in this type of work. Use the personnel and equipment approved as part of the qualifications for the HDD Contractor as specified below: B. Contractor shall have a minimum of eight(8)years of documented experience in HDD and shall have completed at least five(5)projects in the last five (5)years in similar coastal soil conditions and lengths of installation. At least two of the projects must have included an HDPE pipeline with a diameter of 30 inches or more with a minimum length of 1,500 feet. 1. The HDD superintendent shall have at least eight(8)years of trenchless pipe installation experience and shall have worked on at least two(2) HDD projects in the last three(3)years using the same equipment required for this project. The machine operators shall have at least five (5) years of trenchless pipe installation experience and shall have worked on at least two(2)HDD projects using the same equipment required for this project. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02446-193 DIRECTIONAL DRILLING 12 IN+ April 2021 page 1:741-1 06 0 2. Qualifications shall be submitted with the bid for all HDD Contractors. The submitted qualifications shall clearly show that the proposed HDD Contractor has the experience and qualifications listed above. C. Contractor shall provide construction surveys and record drawing surveys(see Section SC01720)which shall be conducted by a surveyor licensed in the State of Florida. 2 PART 2 PRODUCTS 2.1 All materials are to be MADE IN THE UNITED STATES OFAMERICA.Allowable exceptions are ductile iron fittings supplied by American Cast Iron Pipe Company from Brazil,Sigma Corporation from China, Star Pipe Products from the United States and China,and Tyler Union from the United States and China;and Electronic Marking System(EMS)full-range markers by 3M from Mexico. 2.2 PIPELINES(DIRECTIONAL DRILLING) A. HDPE pipe shall be as manufactured by Plexco, Phillips 66 or other approved equal. B. The pipe and fittings shall be Iron Pipe Size(IPS)made of High Density, Extra High Molecular Weight (EHMW)polyethylene with a standard thermoplastic material designation code of PE4710 and having a cell classification of 445474C or higher per ASTM D3350.The molecular weight category shall be extra high(250,000 to 1,500,000)as per the Gel Permeation Chromatography determination procedure with a typical value of 300,000 to 330,000.The pipe shall be manufactured in accordance with ASTM F714-05. The pipe will be the color olive Green for Raw Water applications or have three equally spaced, distinguishable,continuous olive green stripes and shall meet the Utility Location and Coordination Council,"Uniform Color Code,"for water lines,per APWA/ULCC Standards Committee. C. The polyethylene pipe manufacturer shall provide certification that the stress regression testing has been performed on the specific product.The said certification shall include a stress life curve per ASTM D2837.The stress regression testing shall have been performed in accordance with ASTM D2837,and the manufacturer shall provide a product supplying a minimum Hydrostatic Design Basis(HDB)of 1,600 psi as determined by ASTM D2837. D. The material shall be listed by the Plastics Pipe Institute(PPI),a division of The Society of the Plastics Industry in PPI TR-4.The pipe material shall have a Hydrostatic Design Basis of 1600 psi at 730F and 800 psi at 1400F.The PPI listing shall be in the name of the pipe manufacturer and testing and validation of samples of the pipe manufacturer's production pipe shall be based upon ASTM D2837 and PPI TR-3. E. The manufacturer's certification shall state that the pipe was manufactured from one specific resin in compliance with these specifications.The certificate shall state the specific resin used and its source. F. HDPE pipe manufactured from materials meeting the specifications of this section shall have an Environmental Stress Crack Resistance of no failures in 10,000 hrs.(ESCR: FO>10,000)when tested in accordance with ASTM F1248. G. Pipe and fittings shall be manufactured from material meeting the requirements of this section. Pipe supplied under this specification shall have a nominal IPS(Iron Pipe Size)outside diameter unless otherwise specified.The Dimension Ratio(DR)and working pressure rating of the pipe shall match the following unless noted otherwise on the drawings: DR 7-333 psi DR 9-250 psi DR 11 -200 psi DR 13.5—160 psi H. The pipe and fittings shall have product traceability.The manufacturer shall include a printline on the pipe.This shall notate the manufacturer's name,date of manufacture,the lot and supplier of raw material,plant location,and production shift.The ASTM standard shall also appear as ASTM F714 with the material designation as PE3608.The printline shall be black on the blue pipe and black on the orange conduit. I. Both pipe and fittings shall carry the same pressure rating.All fittings shall be pressure rated to match the system piping to which they are joined.At the point of fusion,the outside diameter and minimum wall thickness of the fitting shall match the outside diameter and minimum wall thickness specifications of Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02446-194 DIRECTIONAL DRILLING 12 IN+ April 2021 06 0 ASTM F714 for the same size pipe. Fittings shall be manufactured by the manufacturer of the pipe. Ells, tees,and wyes shall be manufactured by mitered fabrication. J. For water mains,force mains/reclaimed water mains or pressure rated fittings,all fittings shall be de- rated according to the manufacturer's written specifications,and clearly labeled on the fitting as such. For gravity or sanitary sewer,either direct bury or insertion lining fittings will be fully pressure rated.All fittings will have a quality control label as approved by the manufacturer. K. Mechanical joining systems: Polyethylene pipe and fittings shall be connected by means of a polyethylene flange adapter and backup ring.The polyethylene flange adapter will be of the same specifications as the Light View except will be made from black plate stock.This method is also approved to join to another piping system or valves. Mechanical compression couplings or full circle encasement clamps may be used depending on the test specification. L. Mechanical couplings shall be installed in accordance with the mechanical coupling manufacturer's recommended procedures. M. Heat Fusion Equipment:The fusion equipment and operator shall be required to demonstrate successful field experience. Regarding fusion capability,the fusion unit shall be field tested for a period of five years and the fusion operator shall have pipe size experience of the same size pipe on this project for five years or longer. Fittings shall be of the same material, molded socket fusion for sizes 4 inch diameter and smaller and molded or fabricated butt fusion for sizes 6 inch and larger. Fittings shall have the same pressure rating of the pipe. Heat fusion welding shall be in conformance with ASTM D2657. N. Pipe and Fittings: HDPE pipe and fittings shall conform to the requirements of Section 02513. O. Drilling Fluid: Drilling fluid shall be a mixture of bentonite and water. Contractor may provide admixtures to improve the physical qualities of the mixture subject to approval by the Engineer. The drilling fluid including admixtures shall be inert and non-toxic. P. Locating Wire. Locating wire shall be HDPE coated steel reinforced strand wire-such as Cooperhead Industries SoloShot XTreme or approved equal)OF(Underground Feeder per National Electric Code Article 339)-for water main or force main location purposes by means of an electronic line tracer.The wire insulation shall be Orange(for communication conduit)and shall be taped to the conduit pipe which is to be pulled along with the raw water main pipe. Q. The Engineer may request certified laboratory data to verify the physical properties of the supplied pipe and fittings for polyethylene slip lining,or horizontal directional drills,or may take random material samples and have them tested by an independent laboratory. R. Failure to comply with the product specifications contained herein will be sufficient cause for rejection of work performed and materials installed under this section. No payment will be made for defective materials and the equipment and labor costs associated with the installation and removal of defective materials. 2.3 Directional Drilling Equipment: A. The directional drilling system shall be remotely steerable with electronic location capabilities by means of wire line signal from a remote magnetic survey probe located directly behind the cutter head. The system shall be capable of determining drill head location,drill head rotation,drill head angle and magnetic bearing. B. The drill rig shall be capable of 90,000 pounds of pullback. It shall incorporate the use of a downhole motor(mud motor)and shall employ a fluid-cutting process(high pressure-low volume)utilizing a liquid clay(Bentonite);a clay lining is to remain in the drilled hole for lubrication.The clay fluid is to be totally inert and contain no environmental risk. Mechanical, pneumatic or water jetting methods will be considered unacceptable. C. When drilling beneath surface water a vacuum Bentonite evacuation system is to be kept at the site and shall be employed in the event of a soil fracture or other loss of Bentonite to the surface water. 3 PART 3 EXECUTION 3.1 GENERAL A. Install the pipe to the minimum cover and radius shown on the plan and profiles provided in the Project Manual. Install the HDPE pipes by pulling the pipe into a continuous hole created by the steerable pilot borehead and enlarged with reamers to the required diameter. Access to the drill side and pipe side Bid No.079-2821-21-PRE-CHLORINATED PIPE BURSTING 02446-195 DIRECTIONAL DRILLING 12 IN+ April 2021 4 -6 41 06 0 work areas shall be within the limits shown on the Drawings. Installation of pipe shall be in accordance with the following standards: ASTM F1962,ASTM D2774-04,ANSI/AWWA C 906-2006 and ASTM D 3261. B. Conduct all operations such that trucks and other vehicles do not create a dust nuisance to the adjacent properties. Each day clean up, remove and dispose of any spilled drilling fluid or other waste. C. Noise levels emitted by diesel and/or gasoline pump drivers shall be controlled by the use of a"quiet- pack"muffler system or other suitable sound attenuation methods and shall not exceed 60 dB for daytime use and 55 dB for night time use at the nearest'receiving"property line. Contractor shall demonstrate, measure and record the dB levels at the time of initial set-up. The Contractor shall record dB levels weekly. The City's Code Compliance Division of the Boynton Beach Police Department shall have jurisdictional control over the Contractor's compliance with the City's Noise Ordinance. 3.2 PREPARATION A. Owner has obtained the necessary permits and/or easements to conduct the HDD work within the limits shown on the Project Manual,and all work within these limits shall be done in accordance with the terms and conditions of those permits and/or easements. Contractor shall be responsible for obtaining rights to use any additional area necessary. Contain all drilling fluids within tanks on the site for haul off and disposal. B. Properly anchor the drilling rig and verify operation of equipment and sufficient quantities of materials. C. Prepare exit hole pit,including any necessary well pointing for dewatering to keep the pit dry throughout the installation operation. Meet all laws,codes,and ordinances and obtain all necessary permits for dewatering. D. Undertake the following steps prior to commencing drilling operations in a location that might contain underground facilities: 1. Contact the utility owners for utilities along project alignment. Make contact a minimum of two (2)weeks before drilling. 2. Positively locate and stake all existing lines,cables,or other underground facilities including exposing any facilities that are located within 30 feet of the proposed bore path. 3. Modify drilling practices and downhole assemblies to prevent damage to existing facilities. 4. Locate any and all underground facilities regardless of previous efforts in this regard. a. Locate utilities and adjust arrangement of equipment if needed to avoid existing utilities. b. Prior to drilling, hold a site meeting with the Engineer and the utility representatives in the vicinity of the work present. Discuss proposed work activities,safety procedures as they relate to the specific utilities,and emergency procedures and contact information.Contractor shall address utility representative concerns and modify procedures as needed. Meeting shall occur after utilities have been positively located and a minimum of seven(7)days prior to anticipated start of drilling. 5. Participate in a mandatory preconstruction meeting with regulatory agencies, Engineer, City and others as requested. 3.3 INSTRUMENTATION A. At all times provide and maintain instrumentation which shall accurately locate the pilot hole,measure drill string axial and torsional loads,and measure drilling fluid discharge rate and pressure. B. Provide CITY Representative with access to these instruments and their readings at all times. C. Maintain a log of all recorded readings. 3.4 CONTROL OF LINE AND GRADE A. Record and plot the actual horizontal and vertical alignment of the pilot borehead at intervals not to exceed 25 feet. Update these records continuously as the pilot bore is advanced. Submit the complete records to the Engineer Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02446-196 DIRECTIONAL DRILLING 12 IN+ April 2021 Page 1:752 1 06 0 immediately after completion of the pilot boring. During installation, Engineer shall have unrestricted access to these records,as well as the readouts showing the position and inclination of the borehead. B. In addition to a magnetic downhole survey system, utilize a surface monitoring system to accurately determine the location of the magnetic steering tool during pilot hole drilling and to correct the magnetic line azimuth used in pilot hole survey calculations. The surface monitoring system shall be designed for application in horizontally drilled pipeline installations and shall provide accurate information even in areas of magnetic interference. 3.5 HANDLING OF DRILLING FLUID AND CUTTINGS A. Provide adequate measures for handling and disposal of drilling fluid and cuttings. Provide watertight piping, pumps,storage containers and other measures to guard against leakage. Drilling fluid and cuttings shall not be discharged into any waterway,storm drain,sanitary sewer or other such conveyance, nor shall it be disposed of at the work site. 1. When Contractor's provisions for storage of the fluids or cuttings on site are exceeded,these materials shall be hauled away to a suitable legal disposal site. Contractor shall conduct his directional drilling operation in such a manner that drilling fluids are not forced through the sub-bottom into the waterway, storm drain,sanitary sewer or other such conveyance.After completion of the directional drilling work, the entry and exit pit locations shall be restored to original conditions. Contractor shall comply with all permit provisions. 2. Pits constructed at the entry or exit point area shall be so constructed to completely contain the drill fluid and prevent its escape. 3. Contractor shall utilize drilling tools and procedures which will minimize the unintentional discharge of any drill fluids. Contractor shall comply with all mitigation measures listed in the required permits and elsewhere in this Project Manual. 4. To the extent practical, Contractor shall maintain a closed loop drilling fluid system. 5. Contractor shall submit a drilling fluid plan which details types of drilling fluids,drilling fluid admixtures, cleaning and recycling equipment,estimated flow rates,methods for containing drilling fluid escape,and procedures for minimizing drilling fluid escape. 6. When drilling beneath surface water a vacuum Bentonite evacuation system is to be kept at the site and shall be employed in the event of a soil fracture or other loss of Bentonite to the surface water. B. Regulate the pressure of drilling fluid and conduct drilling operations in such a manner that minimizes potential for drilling fluid to migrate to the surface. C. Contractor shall provide pressure grouting materials and equipment on site. In the case of a leakage of drilling fluid into the waterway, Contractor shall seal leak by injecting pressure grouting into the sub-bottom at intervals of six(6)feet. Close visual monitoring shall be conducted to assure the injected grout is not being discharged into the waterway. Once the grout has set,drilling may commence but should be monitored closely for any further leakage of drilling fluids. D. Dispose of all drilling fluid and excavated materials properly away from the construction site in accordance with applicable State and Federal regulations for disposal of these materials. Use the disposal sites identified in Contractor's accepted submittal for cuttings and drilling fluid disposal. 3.6 RECIRCULATION A. Optimize recirculation of drilling fluid surface returns. Provide solids control and fluid cleaning equipment of a configuration and capacity that can process surface returns and produce drilling fluid suitable for reuse. B. Inadvertent drilling fluid Returns 1. Contractor shall be responsible for all inadvertent returns and their mitigation. 2. Contractor shall control and handle inadvertent drilling fluid returns. 3.7 PILOT HOLE A. Directional Tolerance: Drill the pilot hole along the minimum radius shown on the Drawings or described in this section and to the tolerances listed on the Drawings or described in this section. However, in all cases, right-of- way and easement restrictions shall take precedence over the listed tolerances. Regardless of the tolerance achieved, no pilot hole will be accepted if it will result in any of the pipe being installed in violation of right-of-way or Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02446-197 DIRECTIONAL DRILLING 12 IN+ April 2021 Page 1:759 of 06 0 easement restrictions. Additionally,concern for adjacent utilities and/or structures shall take precedence over the listed tolerances. Listing of tolerances does not relieve Contractor from responsibility for safe operations or damage to adjacent utilities and structures. B. Curve Radius: Drill all horizontal and vertical curves at a radius equal to or greater than that listed on the plan and profile shown in the Project Drawings. 3.8 PIPE ASSEMBLY, HANDLING AND INSTALLATION A. Assemble HDPE pipes in strict accordance with manufacturer's recommendations. B. Unfused pipe sections shall be stored on clean, level ground. If the pipe is to be stacked for storage,stacking shall be accomplished in strict compliance with the manufacturer's recommendations. Pipe shall be handled so that it is not damaged;repair of damages caused by improper handling shall be accomplished at no additional cost. C. Heat fusion joining systems: Pipe and fittings shall be thermal butt fusion,saddle fusion,or socket fusion according to manufacturer recommended procedures. 1. The manufacturer shall provide fusion training.The contractor(actual installers)and the onsite joint inspector shall be trained by the manufacturer or manufacturer's authorized representative. 2. Joints between plain end pipes and fittings shall be made by butt fusion,and joints between the main and saddle branch fittings shall be made using saddle fusion using only procedures that are recommended by the pipe and fitting manufacturer. 3. The Contractor shall ensure that persons making heat fusion joints have received training in the manufacturer's recommended procedure. The Contractor shall maintain records of trained personnel, and shall certify that training was received not more than 12 months before commencing construction and the personnel have performed similar work within three(3)months. 4. Upon request,the manufacturer shall provide training in the manufacturer's recommended butt fusion and saddle fusion procedures to the Contractor's installation personnel,and to inspectors representing the Utilities Department. 5. Butt Fusion Testing: On every day butt fusions are to be made,the first fusion of the day shall be a trial fusion. The trial fusion shall be allowed to cool completely,and then fusion test straps shall be cut out. The test strap shall be 12 inches(minimum)or 30 times the wall thickness in length with the fusion in the center,and 1 inch(minimum)or 1.5 times the wall thickness in width. Bend the test strap until ends of the strap touch. If the fusion fails at the joint,a new trial fusion shall be made,cooled completely and tested. Butt fusion of pipe to be installed shall not commence until a trial fusion has passed the bent strap test. 6. External and internal beads shall not be removed,except that the internal beads on the 2 inch conduit pipe shall be removed to facilitate future installation of Fiber Optic Cable. D. Field Repair:Sections of pipe having scratches or gouges,the depth of which exceeds 10 percent of the pipe wall thickness,shall be repaired. Repairing the pipe shall consist of cutting out the damaged section and fusing the undamaged sections together. This process shall be accomplished at no additional cost and in compliance with paragraphs above of this Section. E. Fused pipe lengths shall be handled with nylon slings or other equipment that will not cut or gouge the pipe. The use of spreader bars when lifting long lengths of fused pipe is advised. F. Prior to pull-in,the assembled HDPE pipe string shall be visually examined for defects,with particular attention to the fusion joints. The assembled string shall be visually leak tested under the supervision of the Engineer prior to pull-in.The procedure shall be to fill the pipe with water,apply positive pressure(hydrant line pressure is adequate),and perform a visual inspection during morning or evening to avoid exposure to intense direct sunlight while pressurized. The engineer will make allowances for pressure variations in the pipe according to environmental conditions. Any defects shall be repaired and the pipe string retested until the pipe passes the visual leak test to the satisfaction of the Engineer. If the pipe string is made up in sections,each section shall be tested prior to pull in. The final fusion joint completed during pull-in to connect the sections shall be carefully inspected under the supervision of the Engineer prior to recommencing pull-in. The fusion joint shall be given sufficient time to cool prior to recommencing pull-in. G. Upon completion of successful testing of each pipe,terminate and cap both ends of the pipes until final connections are made. Sufficiently cap all pipes to prevent water,soil,and all other foreign material from entering pipes until the upper connections can be made. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02446-198 DIRECTIONAL DRILLING 12 IN+ April 2021 Page 1:754 of 1 06 0 H. It will not be permitted to join unlike DR's to one another.Transition from unlike SDR's shall be accomplished by mechanical couplings capable of identical pressure ratings or machined polyethylene nipples where a thicker wall polyethylene has been matched to the companion pipe wall. I. Mechanical Joining: 1. Polyethylene pipe and fittings may be joined together or to other materials by means of flanged connections(flange adapters and back-up rings)or mechanical couplings designed for joining polyethylene pipe or for joining polyethylene pipe to another material. Mechanical couplings shall be fully pressure rated and fully thrust restrained such that when installed in accordance with manufacturer's recommendations,a longitudinal load applied to the mechanical coupling will cause the pipe to yield before the mechanical coupling disjoins. External joint restraints shall not be used in lieu of fully restrained mechanical couplings. 2. Mechanical joints and flange connections shall be installed in accordance with the manufacturer's recommended procedure. Flange faces shall be centered and aligned to each other before assembling and tightening bolts. In no case shall the flange bolts be used to draw the flanges into alignment. Bolt threads shall be evenly tightened according to the tightening pattern and torque step recommendations of the manufacturer. At least one(1)hour after initial assembly,flange connections shall be re-tightened following the tightening pattern and torque step recommendations of the manufacturer. The final tightening torque shall be 100 ft-lbs or less as recommended by the manufacturer. J. All directional drill pipe to be installed shall be ballasted by filling with clean water prior to pulling in. Water used for the pre-pull pressure test can be used for this purpose. The pressure shall be relieved following the successful pre-pull pressure test and makeup water, if required,shall be added to the pipeline so that the pipe is sufficiently full of ballast water and sealed prior to pulling in.The Engineer's calculations for installing the pipe are based on using a ballasted pipe. K. Provide sufficient additional length of pipe to allow recovery of the elastic strain following pull-in.An additional length of 100 feet is recommended. The ends of the pipes shall not be allowed to retract back into the borehole entrance or exit level during the recovery period. 3.9 GROUND MOVEMENT MONITORING AND MITIGATION A. Contractor shall control its methods to minimize ground movement. B. Monitor ground movement at all structures including buildings within 20 feet of the proposed alignment. Measure at each corner or end at additional locations such that separation between monitoring points does not exceed 25 feet. C. Monitor prior to construction to establish baseline elevations. Monitor on an as needed basis but at least daily during reaming and pipe or casing installation. D. Submit survey monitor information within 24 hours of taking readings. 3.10 LOCATING WIRE A. Solid tracer wire must be taped along the carrier pipe. Sections of wire shall be spliced together using Buchanon connectors or a similar approved method for splicing.Twisting the wires together is not acceptable. Spools of#10 wire are available in 500-foot rolls. B. Upon completion of the directional bore,the CONTRACTOR shall demonstrate to the Engineer that the wire is continuous and unbroken through the entire run of the pipe by providing full signal conductivity(including splices) when energizing for the entire run in the presence of the INSPECTOR. If the wire is broken,the CONTRACTOR shall repair or replace it. 3.11 PRE-REAM AND PULL BACK A. Pre-reaming: Conduct pre-reaming operations to insure that a hole sufficient to accommodate the pull section or push section has been produced. The hole shall be pre-reamed to the minimum of 150 percent of the effective outside diameter of the each pipe. Any damage to the pipe resulting from inadequate pre-reaming shall be the responsibility of Contractor. B. Pulling Loads: The tensile load imposed on the pipe shall not exceed the maximum allowable tensile load of the HDPE pipe. C. Torsional Stress: Use a swivel to connect the pull section to the reaming assembly to minimize torsional stress imposed on the HDPE pipes. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02446-199 DIRECTIONAL DRILLING 12 IN+ April 2021 Page 1:171155 1 06 0 D. All directional drill pipe to be installed shall be placed on rollers to minimize pipe strain. Rollers shall be sufficiently placed to prevent the pipe from dragging the ground surface at any point and shall be adequately secured to prevent rollover. Rollers shall be lubricated prior to installation and any roller not freely rotating shall not be used. The Engineer's calculations for installing the pipe are based on using rollers. E. External Collapse Pressure: Install the HDPE pipes in the reamed hole in such a manner that external pressures are minimized and an appropriate counter-balancing internal pressure is maintained. F. Buoyancy Modification: Use buoyancy modification for the pipe by filling the pipe with water or drilling fluid during pull-in. Submit the proposed buoyancy modification procedure. G. During installation the Contractor shall continuously monitor and record the following data as a minimum: • Axial Tension Force • Insertion Velocity • Mud Flow circulation&exit rates • Actual length of pipe installed 3.12 COMPLETION OF DIRECTIONAL DRILLING A. Upon completion of the pull-in of each pipe allow at least 24 hours for relaxation of the pipe string prior to testing or completing connections. B. If drilling fluid is used to reduce buoyancy during the pull-in, use clean water to clear the line. Perform swabbing and cannon flushing as described in 02513-3.4,G.1. C. Twenty Four(24)hours after the pipe is installed and flushed(if required),the installed pipe shall again be pressure tested according to Section 02513 prior to connecting it to the adjacent DIP Open Cut segments. 3.13 SITE RESTORATION A. Upon completion of the HDD pipe installation,remove all equipment,materials and waste matter from the site. B. Backfill and restoration of surface and subsurface improvements shall be done in concurrence with the work and accordance with the applicable sections of the project construction drawings and Section 02324 BACKFILL and Section 02960 RESTORATION OF SURFACE IMPROVEMENTS. C. Restoration shall be accomplished so that the condition of the original feature(s)is met or exceeded by the restoration. Restoration cost is to be included in the unit price of the pipeline installation. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02446-200 DIRECTIONAL DRILLING 12 IN+ April 2021 Page 1:756 of 1 J-06 0 SECTION 02513 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittals B. Products C. Installation Readiness D. Installation E. Connections to Existing Systems F. Cleaning and Testing G. PBC HD Clearance H. Restoration 1.2 RELATED SECTIONS A. Section SC01025-Measurement and Payment B. Section SC01340—Shop Drawings,Work Drawings,and Samples C. Section SCO1400—Quality Requirements D. Section SC01700—Contract Closeout E. Section 02082—Public Manholes and Structures F. Section 02320—Trenching and Excavation G. Section 02322—Dewatering and Drainage H. Section 02324-Backfill I. Section 02516-Disinfection of Water Distribution Systems J. Section 02740—Subgrade,Base Course and Asphalt K. Section 02960—Restoration of Surface Improvements L. Section 03300—Cast-in-Place Concrete 1.3 REFERENCES A. AWWA C600 1.4 UNIT PRICE-MEASUREMENT AND PAYMENT A. Refer to Section SC01025 MEASUREMENT AND PAYMENT. When existing Right-Of-Way(ROW)irrigation must be disturbed due to pipeline installation or swale development, any existing irrigation lines shall be marked on the Contractors drawings prior to or at the time of temporary cutting- &-capping. The replacement of existing irrigation in the Public Right-Of-Way as a result of pipeline installation or swale development is NOT a pay item. Replacement of existing ROW irrigation(to match existing quality, quantity and size)shall be incidental to the Unit Price of the pipeline or swale development. 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. Shop and manufacturer's drawings and catalog cut sheets for all pipe system components. Refer to Section SC01340— SHOP DRAWINGS,WORK DRAWINGS,AND SAMPLES. B. Contractor shall prepare and submit to the Project Manager a Flushing, Pressure Testing and Disinfection Phasing Plan prior to the start of the pipe installation. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02513-201 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS April 2021 Page 1:75:7 of 1 06 0 1.6 SUBMITTALS AT PROJECT CLOSEOUT A. Refer to Section SCO1700 CONTRACT CLOSEOUT and SCO1720 PROJECT RECORD DOCUMENTS for requirements. 2 PART 2 PRODUCTS 2.1 All materials are to be MADE IN THE UNITED STATES OFAMERICA.Allowable exceptions are ductile iron fittings supplied by American Cast Iron Pipe Company from Brazil,Sigma Corporation from China,and Star Pipe Products from the United States and China, and Tyler Union from United States and China; and Electronic Marking System (EMS) full-range markers by 3M from Mexico. 2.2 DUCTILE IRON PIPE A. For Aboveground Installation: 1. Ductile iron pipe for aerial canal crossings installations shall conform to ANSI A21.15 and be flanged. Thickness class shall be Class 350. Flanges shall conform to ANSI A21.15. All pipe supports, clamps and/or cradles shall have a minimum'/4 inch neoprene liner between the pipe and support. B. For Underground Installation: I. In general,thickness class shall be Class 350. Ductile iron pipe shall conform to ANSI A21.51. Pipe shall have a wall thickness designed in compliance with ANSI 21.50, "American National Standard for the Thickness Design of Ductile Iron Pipe. 2. Joints shall be push-on rubber gaskets unless identified otherwise in the project construction drawings. 3. Restrained joints shall be as specified in 2.6, Restrained Mechanical Joints. 2.3 POLYVINYLCHORIDE(PVC)PIPE AND FITTINGS A. Pipe shall be unplasticized polyvinyl chloride(PVC)plastic pipe with integral bell containing a locked-in ring and spigot joints 4-inch through 12-inch. B. Pipe shall be the requirements of AWWA C900 or C905'Polyvinyl Chloride(PVC)Pressure Pipe",Class 150 and shall meet the requirements of SDR-18. PVC compound for pipe and fittings shall meet the requirements of ASTM D1784. C. Fittings shall be DIP of the appropriate and corresponding pressure rating as the main line pipe and as specified in 2.4, Ductile Iron Fittings. D. Restrained joints shall be as specified in 2.6, Restrained Mechanical Joints. 2.4 DUCTILE IRON FITTINGS A. Fittings for ductile iron pipe shall be manufactured of ductile iron shall conform to the requirements of ANSI A21.10(AWWA C110)or ANSI A21.53(AWWA C153). Fittings shall be compatible with the pipe and designed for 350 psi working pressure. The lining and coating of the fittings shall be as specified for the pipe. Joints for fittings 16-inches in diameter and under shall be mechanical joint,except above ground fittings shown on the drawings,shall be flanged. Joints for fittings 18-inches in diameter and above shall be restrained type in accordance with the schedule shown on the Standard Detail Drawing. Gaskets for the flanged joints shall be"Tourseal,TV or approved equal. B. Lining Pipe and Fittings: 1. DIP and fittings for water mains and reclaimed water mains shall be cement lined in accordance with ANSI A21.4(AWWA C104). C. Exterior Finish: 1. Potable Water and Reclaimed Water Mains: For aboveground installation, the exterior surfaces of pipe and fittings shall be painted BRIGHT WHITE for potable water systems and PANTONE PURPLE for reclaimed water systems with a coating system approved by the Engineer. A three(3)-coat system with a polyurethane topcoat is required. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02513-202 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS April 2021 06 0 2. For underground potable water systems,all pipe and pipe fittings installed under this project will be color coded or marked in accordance with subparagraph 62-555.320(21)(b) 3, F.A.C., using blue as the predominant color. Underground plastic pipe shall be solid-wall blue pipe, will have a co-extruded blue external skin,or will be white or black pipe with blue stripes incorporated into,or applied to,the pipe wall. 3. For underground reclaimed/reuse water systems,all pipe and pipe fittings installed under this project will be color coded or marked in accordance with subparagraph 62-555.320(21)(b)3, F.A.C., using pantone purple as the predominant color. Underground plastic pipe for reclaimed/reuse water systems shall be solid-wall pantone purple pipe, will have a co-extruded pantone purple external skin, or will be white or black pipe with pantone purple stripes incorporated into,or applied to,the pipe wall. Pipe striped during manufacturing of the pipe will have continuous stripes that run parallel to the axis of the pipe wall,that are located at no greater than 90-degree intervals around the pipe,and that will remain intact during and after installation of the pipe. If paint is used to stripe the pipe during the installation of the pipe,the paint will be applied in a continuous line that runs parallel to the axis of the pipe and that is located along the top of the pipe; for pipe with an internal diameter of 24 inches or greater, paint will be applied in continuous lines along each side of the pipe as well as along the top of the pipe. 2.5 BALL CORPORATION STOP-UP TO 2 INCHES A. Brass body,teflon coated brass ball,rubber seats and stem seals,Tee stem pre-drilled for control rod,AWWA inlet threads end,compression transition outlet,with control rod,extension box and valve key. Teflon tape(minimum of two(2)wraps) shall be applied to the threads prior to installation. 2.6 RESTRAINED MECHANICAL JOINTS A. All pipe-to-pipe, branch connections, valves and all change of direction fittings shall be restrained with EBAA Iron MEGALUG products or approved equal. A second form of restraint,either thrust blocks or tie rods,may be required in certain cases as directed by the Project Manager and Engineer. B. All valves and change of direction fittings 16"diameter and larger shall have two(2)forms of restraint. The valve and fittings shall have mechanical joints with EBAA Iron MEGALUG products or approved equal,and either thrust blocks or tie rods. If tie-rods are approved, the tie-rods shall be in a "mid-span"configuration utilizing EBAA Iron products or approved equal. C. Any line terminated as a construction phase that is a known future extension,shall have a valve placed at the end,and restrained with EBAA Iron MEGALUG products or approved equal to the last two(2)pipe joints. D. Flex-Ring Restrained Joint Ductile Iron pipe supplied by American Cast Iron Pipe Company(ACIPCO)and TR Flex Restrained Joint Ductile Iron pipe supplied by U.S.Pipe&Foundry,LLC may be used as approved by the Project Manager and Engineer. Self restraining push-on gaskets are allowed for Jack&Bore applications only as approved by the Project Manager and Engineer. 2.7 WATER SERVICE A. The tapping saddle shall be a stainless steal double strap service saddle of the size required with an epoxy coated ductile iron body and AWWA threads. Neoprene gaskets shall be cemented in place. B. The corporation ball valve,"Y"Branch if necessary,compression by yoke curb stop(s),yoke bar,expansion nut,female iron pipe tail/outlet pieces,lock nuts,meter adapters,washers,and other fittings required to make a complete installation shall be brass as shown on the drawings and the project construction drawings,and as manufactured by the Ford Meter Box Co.,or approved equal. Internal pipe and tube sleeves shall be stainless steel. C. Sleeves under minor highways, residential streets and rural roads may be PVC Sch. 80 as approved by Engineer and Project Manager. 2.8 POLYETHYLENE PIPE AND TUBE A. Materials used for the manufacture of polyethylene pipe and fittings shall be PE3408 high density polyethylene meeting cell classification 345434C or 345434E per ASTM D3350; and meeting Type III, Class B or Class C, Category 5, Grade P34 per ASTM D1248;shall be listed in the name of the pipe and fitting manufacturer in Plastic Pipe Institute TR-4, Recommended Hydrostatic Strengths and Design Stresses for Thermoplastic Pipe and Fittings Compounds,with a standard grade rating of 1600 psi at 73°F. The manufacturer shall certify that the materials used to manufacture pipe and fittings meet these requirements. B. Polyethylene pipe shall be manufactured in accordance with ASTM D3035, Polyethylene(PE)Plastic Pipe(DR-PR) Based on Controlled Outside Diameter and AWWA C906 and shall be so marked. Each production lot of pipe shall be tested for(from material or pipe)melt index,density,%carbon, (from pipe)dimensions and ring tensile strength. C. Polyethylene pipe(PE)shall be Drisco pipe 3408 1", 1 Y2'&2"or approved equal. D. All PE pipe shall be color coded to match the water system type; blue for potable water and pantone purple for reclaimed water. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02513-203 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS April 2021 page 1:751-1 A r 06 0 2.9 SERVICE IDENTIFICATION STRIPES A. Refer to paragraph 2A.C.above for color-coding requirements. 2.10 MISCELLANEOUS A. Electronic Marking System (EMS)full-range markers shall be by 3M. Full-range markers shall be blue for potable water and pantone purple for reclaimed water. The Contractor shall install the full-range markers in accordance with the manufacturer's and City's standards. The full-range markers shall be placed at the following locations: 1. Fittings, bends, reducers,tees,crosses,deflections,valves,and air release valves(ARV). B. The installation of the full-range markers shall be field verified by the Project Manager and Engineer prior to the certification of the work. C. For the installation of the pipe segments and/or structures where moderate to significant root intrusion could be a factor, the Contractor shall furnish and install BioBarrier (or approved equal) as a root barrier as directed by the Project Manager and Engineer. Furnishing and installing a root barrier is considered as an incidental cost. 3 PART 3 EXECUTION 3.1 INSTALLATION READINESS A. Prior to the start of underground excavations,Contractor shall examine the project construction drawings and have repair materials on site to effect repairs to all sizes of existing water mains, branch and/or service connections. Typical repair materials include,but are not limited to: 1. Full encirclement repair clamps 2. Fittings(DIP and brass) 3. Poly tubing 4. All-thread 3.2 EXAMINATION A. Verify that trench cut is ready to receive Work as required by this Section and excavations,dimensions,and elevations are as indicated on project construction drawings. 3.3 PREPARATION A. When the project drawings indicate,or when it is discovered during the course of the work,that the street or area's sanitary sewer main lines are in front of the properties(and that the new water mains will have to cross), the Contractor shall pothole each sewer lateral prior to beginning installation of the new water mains and provide the individual sewer lateral depths to the Project Manager and the proposed depth of the new water main before beginning water main installation. B. Cut pipe ends square,ream pipe and tube ends to full pipe diameter,and remove burrs. C. Remove scale and dirt on inside and outside before assembly. D. Prepare pipe connections to equipment with flanges or unions. 3.4 INSTALLATION A. Pipeline Installation: 1. All trenching and excavations associated with the water main and service lines shall conform to the requirements in Technical Specification 02320—TRENCHING AND EXCAVATION. 2. Installation of potable water pipe and associated fittings shall be in accordance with current AWWA and NSF specifications,and manufacturer's requirements for their particular products. All mains shall have a 36" clear cover to finished grade (keeping in mind the project's swale requirements)with pipe being as level as possible. Any variance will require approval by the Project Manager. Changes in pipe alignment may be accomplished using appropriate fittings or through pipe deflection. Pipe deflection at the joint is allowed with ductile iron pipe only and shall not exceed 75% of the manufacturer's recommended maximum joint deflection. 3M full-range markers are required at all fittings and valves. Regardless of pipeline or pipeline component depth,the full-range markers shall be installed no deeper than 8 feet and shall be directly over the fitting or adjacent to the valve. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02513-204 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS April 2021 Page 06 0 3. All pipe shall be laid in trenches having a dry and stable bottom. Backfill shall be free of boulders and debris and in accordance with Technical Specification 02324- BACKFILL. Pipe shall be fully supported along its entire length. Sharp or rocky material encountered in the base shall be replaced with proper bedding. Pipe shall be laid on line and grade as designed. 4. All valves shall be placed according to project construction drawings unless relocation is approved by the Project Manager. After installation,backfill and compaction and where applicable after asphalting, all valves are to be exercised in the presence of the Project Manager and Engineer. As-built drawings shall reflect the actual location of all mains, hydrants,services,and valves. All taps must be at least 18" from fitting or bell. Potable water main shall not be laid in fuel contaminated areas. 5. Clearance of 18"or one pipe diameter,whichever is greater,shall be maintained between all fittings(bells, valves,flanges,etc.). 6. All road crossings, pavement cuttings and restoration shall be in accordance with the requirements of the Owner or Palm Beach County(if project is located in their jurisdiction but within the Department's service area). 7. Generally, joints for ductile iron pipe shall be push-on or mechanical type designed in accordance with ANSI A21.11 (AWWA C111)or ANSI A21.53(AWWA C153). Joint lubrication shall be as furnished by the manufacturer. B. Valves 1. Valves shall generally be installed at intervals of no greater than 1,000 LF on transmission mains, at intervals of no greater than 700 LF on main distribution loops and feeders, and on all primary branches connected to these lines. In high-density areas, valves shall be installed to minimize the number of persons affected by a break. 2. In all instances,effectiveness of placement shall be primary criteria in determining valve location.Valves placed in curbs will not be accepted. For potable water,all valve boxes require lids be marked as"Water" and painted BLUE. For reclaimed/reuse water,all valve boxes require lids be marked"Reuse"and painted PANTONE PURPLE. C. Fire Hydrants 1. Fire hydrants shall be installed with the center of the pumper nozzle approximately 18"—24"above finished grade. Hydrants shall not be placed in sidewalks or traffic areas. It will be the responsibility of the Contractor to move hydrants placed in an unacceptable location and provide protection from traffic damage if necessary, upon the Project Manager's request. 2. Fire hydrant branches(from main to hydrant)shall not be less than 6" ID and be as short as possible to minimize any potential for potable water main stub with no flow. Long branch leads will require a second gate valve. Each branch shall be provided with a gate valve located as close as possible to the main. 3. Hydrants shall be located 5 feet to 10 feet from edge of pavement and no less than 6 feet from driveways with pumper discharge nozzle facing the roadway. Hydrants shall be located so as to minimize their vulnerability to traffic. At the direction of the Project Manager,for potential traffic protection, bollards may be required where minimum distances cannot be met. 4. Fire hydrants shall be placed in an accessible, unobstructed location with 5 feet clearance in all directions (except for protective bollards). 5. Fire hydrants shall be painted two(2)coats of"Fire Engine"or"Safety"red in color(field touch-up or re- paint may be required). Valve box lids for fire hydrant or Siamese connections shall be painted RED. 6. Fire Hydrants shall be provided and installed in accordance with the project construction drawings. Newly installed fire hydrants,prior to being put into service,shall be clearly marked as being"OUT OF SERVICE" with signage. 7. For every five(5)new fire hydrants installed,Contractor shall supply one(1)maintenance kit and supplied by the fire hydrant manufacturer. D. Corrosion Protection: 1. For protection against corrosive soils in those areas designated by the Engineer and Project Manager, ductile iron pipe and fittings shall additionally be enclosed in a polyethylene sheet or tube and each length joined with 2-inch wide polyethylene adhesive tape. The sheet or tube shall be made from polyethylene resin meeting the requirements of ASTM D1248 and shall be Type I,Class C,Category 5,Grade J-3 with minimum carbon black content of 2.5%and 8 mils thickness. The sheet or tube shall be in accordance with the provisions of ANSI A21.5(AWWA C105). Methods shall be such as to minimize danger to the sheet also be used to repair tears or punctures. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02513-205 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS April 2021 Page 1:761 of 1 06 0 2. Installation of polyethylene encasement shall be in accordance with ANSI A21.5. E. Service Connections 1. Water service taps on the water main shall be spaced at a minimum distance of 18"apart. All service lines shall be installed in accordance with the details on the project construction drawings. All long-side service connections shall be sleeved. The sleeve is to be installed by jack & bore to avoid open-cuts across roadways for service connections. The minimum diameter of service connection taps shall be 3/4-inch for 1-inch service connections, 1 3/8-inch for 1 1/2-inch service connections and 1 3/4-inch for 2-inch service connections. 2. Service lines, between the corp stop and curb stop shall be one continuous line without any splices or fittings unless specifically authorized by the Project Manager and Engineer. 3. Services shall not exceed 100 feet to the meter. Services crossing under parking tracts shall have their meters placed prior to the crossing so that the Owner is not responsible for these lines. 4. In developments where the property line is not clearly defined(condominiums and commercial),the meter shall be placed in a readily accessible location. 5. Private services shall not cross potable water main. The Contractor shall coordinate the installation of private service lines with location of meters to deliver potable water to the correct multi-family dwelling unit or bay and shall identify each to the Project Manager. 6. Wet taps equal or larger than one half the pipe diameter require a stainless steel full contact saddle with flange and valve. F. Connection to Existing System: 1. All connections to existing water main shall be made under the direct supervision of the Project Manager. Based on the existing pipe configuration and materials, the Contractor may be required to provide temporary restraints. All connections to existing water mains shall have double valves unless specifically authorized by the Project Manager. Valves on existing water mains shall be operated by Department personnel or under direct supervision by the Project Manager. Tapping sleeves and their valves shall be pressure tested at 150 psig for 1 hour prior to tapping(entire tapping sleeve shall be bubble tested with a soap solution during the pressure testing). 2. All pipe coupons from tapping sleeve tie-ins shall be saved, labeled and dated by the Contractor and transmitted to the Project Manager. 3. If service must be cut off to existing customers,the Project Manager must have fourteen(14)working days notice to make necessary arrangements. The Contractor shall prepare a Shutdown Request form in accordance with the directions given during the Pre-Construction Meeting. 4. The Contractor shall be ready to proceed with as much material pre-assembled as possible at the site to minimize the length of service interruption. The Project Manager will postpone a service cut-off if the Contractor is not ready to proceed on schedule. Such connections may be made at night to minimize effects. No customer should be without service for more than six (6) hours. Local chlorination, in compliance with ECR II,will be required for all pipe and fittings used to complete connections with potable water. G. TESTING Contractor shall prepare a Flushing, Pressure Test, Disinfection and PBC HD Clearance Plan for review and authorization by the Project Manager prior to water main installation. The plan shall include a schematic that indicates swab locations,direction of flush,sample points and affected valves. The PBC HD Clearance requires the Contractor's Pressure Test Report, Disinfection Report,Water Quality Lab Reports and As-Built drawings. Reclaimed water mains and service connections shall be flushed and pressure tested(per the requirements below) but do NOT require disinfection or PBC HD Clearance. 1. Cleaning and Flushing: a. Upon completion of pipe installation, for any section, perform swabbing and cannon flushing in accordance with the Cleaning and Flushing Procedure detail shown on the project construction drawings. The Project Manager must observe the swab being inserted into the line and witness the cleaning and flushing process. The swab is to be one(1)pipe size diameter larger than the pipe being cleaned. 2. Pressure: Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02513-206 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS April 2021 Page 11-162 'IF i 06 0 a. Prior to conducting the official pressure test, to be witnessed by the Project Manager and Engineer,the Contractor shall conduct and document a preliminary pressure test meeting all of the following requirements. b. Potable water shall be supplied to the main and pumped to the minimum of 155 psi. The water main being tested shall be separated from the supply line or isolated by a double valve arrangement. C. The Contractor shall prepare a documented test report 24 hours in advance. Each test identifying, date, time, weather, linear foot of pipe being tested, the piping segment tested (station to station), beginning test pressure and time,ending test pressure and time,amount of "make-up" water and a clear"pass /fail' statement. The test report shall be signed by the Contractor, Engineer and Project Manager. After test acceptance, Contractor shall provide copies of the test report to the Project Manager and Engineer and retain the original test report for inclusion in the Project Record Documents. d. Contractor shall provide all necessary equipment such as pumps, gages and water measuring tanks,and all necessary work required for pipe pressure and leakage tests. Make pressure and leakage tests between valves and/or connections for each section being tested,using procedure outlined in ANSI/AWWA C-600. e. Test lines at a minimum of 150 psi for no less than two(2)hours and test all fire lines at 200 psi for no less than one(1)hour in accordance with NFPA-24. f. Allowable leakage not to exceed value derived from following formula: L = sD,fT 148,000 L= Allowable leakage(gallon per hour) S= Length of pipe(feet) D= Nominal diameter of pipe(inches) P= Average test pressure(PSIG) g. Conduct pressure tests with all valves servicing hydrants,services,etc., in open position. h. All potable water mains shall be pressure tested before bacteriological acceptability. i. The maximum length of line to be tested as one section will be 2,000 linear feet. The test shall be performed as determined in the current AWWA specification. The standard test duration is two (2) hours. The maximum quantity of water that must be supplied into the tested pipe to maintain pressure within 5 psi of the specified test pressure shall not exceed the applicable AWWA C-600 Standard. j. Bacteriological testing shall not begin until after the pressure test has been accepted by the Project Manager. Refer to Section 02516 DISINFECTION OF WATER DISTRIBUTION SYSTEM. H. ABANDONMENT OF EXISTING WATER MAINS 1. Existing water mains shall be abandoned in accordance with the project drawings, including temporary restraints,cutting and capping with masonry plugs or mechanical blind flanges,thrust blocks and grout filled (where required). I. RESTORATION 1. Restoration shall be concurrent with the water main installation and shall be performed as required by Section 02960 RESTORATION OF SURFACE IMPROVEMENTS. END OF SECTION (SHUTDOWN REQUEST FORM ON FOLLOWING PAGE) Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02513-207 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS April 2021 Page 1:769 OF 1 El 06 0 WATER DISTRIBUTION SYSTEM SHUTDOWN REQUEST FORM Must be received by Boynton Beach Utilities 14 working/business days in advance THIS SECTION IS TO BE COMPLETED BY THE CONTRACTOR Requested By: Accepted By: (Signature) (Signature) Boynton Beach Utilities Company Name: Project Name Contractor is to deliver this form to the Utilities Project Manager Date/Time Received: Contact Mobile No. Requested Shutdown Time: Duration Date: Highlighted Project Drawing(s)attached : Number of drawing pages (Requests for shutdown will NOT be accepted without drawings) attached Address(Nearest House or Business) Lot No. : Block: Name of Development and/or Neighborhood: Distribution for"Heads Up"Only(w/o drawing): Engineering Division Manager,Water Quality/Lab Supervisor,Water Distribution Supervisor THIS SECTION TO BE COMPLETED BY UTILITY LOCATIONS/ENGINEERING DIVISION WITHIN 5 WORKING DAYS Boil Water Notice: YES ❑ NO ❑ Houses Affected : YES ❑ NO ❑ No.of Valves to be Shutdown: Number of Houses: Businesses Affected: ❑YES Type Addresses Affected: ❑NO Special Conditions: Locates and Pre-Shutdown Completed : ❑ By: Date YES ❑ NO After Locations has completed their pre-shutdown and distributed notifications/door hangers, email this form to: Engineering Division Manager, Field Operations Manager, Project Manager,Water Quality/Lab Supervisor,Water Distribution Supervisor, Project Inspector Authorized Shutdown Date and Time Shutdown Authorized By Project Manager: Shutdown Date: Time: Upon approval, Project Manager emails this form to: Engineering Division Manager, Field Operations Manager, Water Quality/Lab Supervisor,Water Distribution Supervisor, Project Inspector Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02513-208 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS April 2021 Page 1:764 of 1 06 0 SECTION 02516 DISINFECTION OF POTABLE WATER DISTRIBUTION SYSTEMS 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Submittals B. Project Record Documents C. Products D. Execution E. Field Quality Control 1.2 RELATED SECTIONS A. Section 02513—Public Water&Reclaimed Water Distribution Systems 1.3 REFERENCES A. ANSI/AWWA C651 —AWWA Standard for Disinfecting Water Mains 1.4 UNIT PRICE—MEASUREMENT AND PAYMENT A. The cost of disinfecting the new water distribution system is considered to be incidental to the installation of the water main. 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. Contractor shall prepare and submit a Flushing, Pressure Testing, Disinfection and PBC HD Clearance Plan to the Project Manager and Engineer for review and authorization prior to the start of pipeline installation. 1.6 PROJECT RECORD DOCUMENTS A. Disinfection Report from Contractor shall be signed and dated: 1. Company Name. 2. Type,form and quantity of disinfectant used. 3. Diameters and lengths(in linear feet)of pipe being disinfected. 4. Date and time of disinfectant injection start and time of completion(continuous feed method). 5. Test locations(1 set for every 1,200 If of pipe, 1 from every branch and 1 from the end of the line). 6. Initial and 24 hour disinfectant residuals (quantity in treated water) in ppm and/or mg/I for each outlet tested. • During the 24 hour disinfection process, Contractor shall operate all inline and branch valves and hydrants. • At the end of the 24 hour disinfection process the free chlorine residual shall not be less than 25 ppm or 25mg/I. 7. Date and time of flushing start and completion 8. Disinfectant residual after flushing in ppm for each outlet tested. • At the conclusion of the Contractor's disinfection and flushing process,the Total Chlorine(in ppm) shall be equal to that of the City's potable water system source point. B. Bacteriological Report: 1. Date issued, project name,and testing laboratory name,address,and telephone number. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02516-209 DISINFECTION OF POTABLE WATER DISTRIBUTION SYSTEMS April 2021 06 0 2. Time and date of water sample collection. 3. Name of person collecting samples 4. Sample point numbers and test locations. 5. Initial and 24 hour disinfectant residuals in ppm for each outlet tested. 6. Coliform bacteria test results for each outlet tested 7. Signed certification that water conforms, or fails to conform, to bacterial standards of the Palm Beach County Health Department. C. Palm Beach County Health Department release 1.7 REGULATORY REQUIREMENTS A. Conform to applicable Palm Beach County Health Department rules or regulation for performing the work of this Section. 2 PART 2 PRODUCTS 2.1 Disinfectant: A. Liquid chlorine conforming to ANSI/AWWA B301 (100%available chlorine). B. Sodium hypochlorite conforming to ANSI/AWWA B300(5%- 15%available chlorine. C. 2.3 Calcium hypochlorite conforming to ANSI/AWWA B300(65%available chlorine by weight). 3 PART 3 EXECUTION 3.1 EXAMINATION A. Verify that piping system has been cleaned, inspected,and pressure tested. 3.2 EXECUTION A. Install, clean and flush the water distribution piping system in accordance with the project construction drawings. Refer to Section 02513 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS. B. Pressure test the water distribution piping system in accordance with the project requirements. Refer to Section 02513 PUBLIC WATER&RECLAIMED WATER DISTRIBUTION SYSTEMS. C. After successful pressure testing,provide and attach required equipment to perform the work of this Section. D. Mix(if applicable)and inject treatment disinfectant into piping system. E. Maintain disinfectant in system for 24 hours. F. Flush,circulate,and clean until required cleanliness is achieved; use municipal domestic water. G. Verify disinfection and record results on the Disinfection Report as specified in paragraph 1.6 A above. H. After receipt of the Palm Beach County Health Department system or partial system release and the service line transfer by the City are completed, Contractor shall remove the temporary sample points and re-install permanent system devices in accordance with the project construction drawings. 3.3 FIELD QUALITY CONTROL A. The Contractor shall assure the accuracy of the disinfection testing and provide a copy of the Contractor's disinfection report to the Project Manager. In the event of a dispute, the Project Manager will schedule the City's Lab for bacteriological testing. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02516-210 DISINFECTION OF POTABLE WATER DISTRIBUTION SYSTEMS April 2021 Page 1:766 of 1 06 0 SECTION 02668 VALVES AND APPURTENANCES PART 1 —GENERAL NOTE: THIS SPECIFICATION IS TO BE REVIEWED AND REVISED AS APPROPRIATE BY THE CITY'S DESIGN PROFESSIONAL FOR THE SPECIFIC PROJECT. 1.1 PERFORMANCE A. Section generally defines Contractors responsibilities unless otherwise indicated,for the following: 1. Gate Valves 2. Butterfly Valves 3. Air Release Valves 4. Valve Boxes 1.2 RELATED SECTIONS A. All of Division 1. B. Section 02320—Trenching and Excavation. C. Section 02324—Backfill. D. Section 02446—Directional Drilling and Pipe Sleeves E. Section 02513—Public Water&Reclaimed Water Distribution Systems F. Section 02536—Force Mains 1.3 REFERENCES A. ANSI/AWWA C104/A21.4 (Latest Revision) - Cement mortar lining for ductile iron pipe and fittings for water and reclaimed water. B. ANSI/AWWA C110/A21.10(Latest Revision)-Ductile iron and grey iron fittings 3 inch through 48 inch for water and other liquids. C. ANSI/AWWA C111/A21.11 (Latest Revision)-Rubber gasket joints for ductile iron and grey iron pressure pipe and fittings. D. ANSI/AWWA C600(Latest Revision)-Installation of ductile iron water mains and appurtenances. E. ANSI/AWWA C1 53/A21.53(Latest Revision)—Ductile Iron Compact Fittings for Water and Reclaimed Services. PART 2-PRODUCTS 2.1 MATERIALS A. Gate Valves: 1. Gate valves, unless otherwise specified or approved,shall be ductile iron body, resilient seat gate valves with mechanical joints conforming to the AWWA standard specifications for gate valves for ordinary water works service,designation C509,in so far as applicable. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02668-211 VALVES AND APPURTENANCES April 2021 Page 1:76:7 06 0 2. Gate valves shall be as manufactured by Mueller,American or approved equal. 3. Buried gate valves shall be non-rising stem type with 2 inch square cast iron wrench nuts. 4. Face to face dimension shall conform to ANSI standard face to face and end to end dimensions of ferrous valves, (ANSI B16.10)for 125-pound cast-iron valves. 5. Hand wheels or chain wheels shall be turned counter clockwise to open the valves. Hand wheels shall be of ample size and shall have an arrow and the word'open"cast thereon to indicate the direction of opening. 6. Stuffing box follower bolts shall be of brass and the nuts shall be of bronze. 7. Where required,gate valves shall be provided with a box cast in a slab and a box cover. 8. Box cover opening shall be for valve stem and nut. Valve wrenches and extension stems shall be provided by the manufacturer to actuate the valves. B. Butterfly Valves: 1. Butterfly valves for water working pressures up to 150 psi shall conform to ANSI/AWWA C504—Rubber Seated Butterfly Valves, subject to the following requirements. Valves shall be of the size and class indicated and, unless otherwise shown, shall be short-bodied. Flanged valves for interior and exposed piping shall have ANSI 125-Ib flanges.Valves for buried services shall have mechanical join body design. Shaft seals shall be designed for use with standard split-V type packing, or other acceptable seal. The interior passage of butterfly valves shall not have any obstructions or stops.The seats shall be positively clamped or bonded into the disc or body of the valve, but cartridge-type seats which rely on a high coefficient of friction for retention shall not be acceptable 2. Manual Actuators: Unless otherwise indicated, all manually-actuated butterfly valves shall be equipped with a 2-inch square actuating nut.Screw-type(traveling nut)actuators will not be permitted for valves 30- inches in diameter and larger. 3. Worm Gear Actuators:Valves 30-inches and larger,as well as all submerged and buried valves,shall be equipped with worm-gear actuators,lubricated and sealed to prevent entry of dirt or water into the housing. 4. Manufacturers,or Approved Equal shall be per Handbook Exhibit"D": 5. All exposed butterfly valves shall be installed with a means of removing the complete valve assembly without dismantling the valve or operator. C. Air Release Valves: 1. The air release valves shall be installed as shown on the drawings and shall be the automatic type. 2. Air release valves shall have a cast iron body,cover and baffle,stainless steel float,bronze water diffuser Buna-N or Viton seat and stainless steel trim. 3. Air release valves shall be provided with a vacuum check to prevent air from re-entering the line. 4. Air release valve fittings shall be threaded. 5. Air release valves shall be per Handbook Exhibit"D". 6. Air release valve manholes shall be precast concrete and shall conform to ASTM C478 and ASTM C-76, latest revision, Class II, Wall B, Type II Portland Cement, 4,000 psi. Steel reinforcing shall conform to Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02668-212 VALVES AND APPURTENANCES April 2021 Page 1:768of 06 0 ASTM A 185. Walls shall be 8" minimum. Manholes shall have a minimum 7 day cure time prior to delivery. Any visible reinforcing or honeycombing shall be cause for rejection. The base slab and first ring of the manhole shall be cast monolithically. The minimum diameter of the MH shall be 48"with a 22-'W' frame and cover. The interior of the MH shall be coated with the high solids epoxy compound REZCLAD 125S in strict accordance with the manufacturer's instructions. The exterior of the MH shall be coated with two coats of an approved coal tar epoxy(Koppers 300-M or approved equal).The frame shall have a 30" opening. The cover shall be two piece and shall have the words"POTABLE WATER ARV","RECLAIMED WATER ARV"or"FORCE MAIN ARV"(as appropriate)cast into it. Cover and frame shall be US Foundry &Mfg. Corp. Model#690-AG-M or approved equal. For offset air release valves and/or tangential offset air/vacuum combination valves manholes, use 32"diameter safetely ventilated hinged manhole cover by PAMREX or approved equal. D. Valve Boxes: 1. All buried valves shall have cast iron two piece valve boxes with cast iron covers. 2. Valve boxes shall be provided with suitable heavy bonnets and will extend to an elevation at or slightly above the finished grade surface as directed by the Engineer. 3. The barrel shall be one or two piece,screw type, having a 5-1/4 inch shaft diameter. 4. Covers shall have"Water", "Reuse"or"Sewer"cast into the top and shall be painted the corresponding color(blue, pantone purple or green)for the pipe commodity that they are for. 5. All valves shall have actuating nuts extended to within six inches of the top of valve box cover. PART 3-EXECUTION NOT USED END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02668-213 VALVES AND APPURTENANCES April 2021 Page 1:769 of 1 06 0 SECTION 02730 MILLING OF EXISTING ASPHALT PAVEMENT The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards,latest edition,as reference documents. It is the intent of the Utilities Department that this technical specification(02730)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 327—Milling of Existing Asphalt Pavement In the event that this technical specification(02730)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards,it is the responsibility of the Contractor to request clarification or resolution, in writing,from the Project Manager and Engineer. 1 PART 1 GENERAL 1.1 SCOPE The work specified in this Section consists of removing existing asphaltic concrete pavement by milling to improve the rideability of the finished pavement, to lower the finished grade adjacent to existing curb prior to resurfacing, or to completely remove existing pavement. When milling to improve rideability,an average depth of cut will be specified in the plans. Unless otherwise specified,the milled material becomes the property of the Contractor. 1.2 REFERENCES Florida Department of Transportation-Standard Specifications for Road and Bridge Construction(Latest Edition). 2 PART 2 EQUIPMENT 2.1 MILLING MACHINE The milling machine shall be capable of maintaining a depth of cut and cross slope that will achieve the results specified in the plans and specifications. The overall length of the machine (out to out measurement excluding the conveyor) shall be a minimum of 18 feet. The minimum cutting width shall be six feet. The milling machine shall be equipped with a built-in automatic grade control system that can control the transverse slope and the longitudinal profile to produce the specified results. Any commercially manufactured milling machine meeting the above requirements will be approved to start the project. If it becomes evident after milling has started that the milling machine cannot consistently produce the specified results,the milling machine will be rejected for further use. When milling to lower the grade adjacent to existing curb or other areas where it impractical to use the above described equipment,the use of a smaller milling machine will be permitted. The milling machine shall be equipped with means to effectively limit the amount of dust escaping the removal operation. For complete pavement removal,the use of alternate removal and crushing equipment, in lieu of the equipment specified above, may be approved by the Engineer. 3 PART 3 EXECUTION 3.1 CONSTRUCTION When milling to improve rideability,the existing pavement shall be removed to the average depth specified in the plans, in a manner that will restore the pavement surface to a uniform cross section and longitudinal profile. The Project Engineer may require the use of a stringline to ensure maintaining the proper alignment. The contractor may elect to make multiple cuts to achieve the required pavement configuration or depth of cut. The milling machine shall be operated to effectively minimize the amount of dust being emitted from the machine. Pre-wetting of the pavement may be required. If traffic is to be maintained on the milled surface prior to the placement of the new asphaltic concrete,the pattern of striations shall be such as to produce an acceptable riding surface. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02730-214 MILLING OF EXISTING ASPHALT PAVEMENT April 2021 06 0 Prior to opening an area which has been milled to traffic,the pavement shall be thoroughly swept with a power broom or other approved equipment to remove to the greatest extent practicable, fine material which will dust under traffic. This operation shall be conducted in a manner so as to minimize the potential for creation of a traffic hazard and to minimize air pollution. Sweeping of the milled surface with a power broom will be required prior to placing asphaltic concrete. In urban and other sensitive areas where dust would cause a serious problem,the Contractor shall use a street sweeper(using water)or other equipment capable of removing and controlling dust. Approval of the use of such equipment is contingent upon its demonstrated ability to do the work. To prevent,to the greatest extent practicable,the infiltration of milled material into the storm sewer system when the milling operation is within the limits of and adjacent to a municipal curb and gutter or a closed drainage system,the sweeping operation shall be performed immediately after the milling operations or as directly by the Engineer. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02730-215 MILLING OF EXISTING ASPHALT PAVEMENT April 2021 Page 1:717-1 OF 1 06 0 SECTION 02740 SUBGRADE, BASE COURSE AND ASPHALT ***************************************************************** The Utilities Department uses the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction and the FDOT Design Standards,latest edition,as reference documents. It is the intent of the Utilities Department that this technical specification(02740)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 160—Stabilizing • Section 165-Lime-Treated Subgrade • Section 200-Limerock Base • Section 210-Reworking Limerock Base • Section 230-Limerock Stabilize Base • Section 250-Shell Base • Section 260-Shell Stabilized Base • Section 913—Shell Material • Section 913A—Shell-Rock Material • Section 914—Stabilization Materials • Section 285-Optional Base Course • Section 330-Hot Bituminous Mixtures-General Construction Requirements • Section 331 -Type S Asphaltic Concrete • Section 332-Type 11 Asphaltic Concrete • Section 333-Type I I I Asphaltic Concrete • Section 334—Superpave Asphalt Concrete • Section 335-Sand-Asphalt Hot Mix • Section 337-Asphaltic Concrete Friction Courses • Section 339-Miscellaneous Asphalt Pavement • Section 706—Raised Retro-Reflective Pavement Markers and Bituminous Adhesive • Section 709—Traffic Stripes and Markings—Two Reactive Components • Section 710—Painting Traffic Stripes • Section 711 —Thermoplastic Traffic Stripes and Markings In the event that this technical specification(02740)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards,or with specific requirements by the County or FDOT,it is the responsibility of the Contractor to request clarification or resolution,in writing,from the Project Manager and Engineer. ***************************************************************** 1 PART 1 GENERAL 1.1 SECTION INCLUDES A. Unit Price—Measurement and Payment B. Submittals C. Products D. Execution including examination,excavation,subgrades and base course E. Overlay Operations F. Striping, Reflective Pavement Markers(RPMs)and Roadway Signage G. Field Quality Control 1.2 RELATED SECTIONS A. Section SC01025—Measurement and Payment B. Section SC01340—Shop Drawings,Work Drawings,and Samples C. Section SCO1400—Quality Requirements D. Section SC01410—Testing Laboratory Services E. Section SC01700—Contract Closeout F. Section 02060—Aggregate Materials Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02740-216 SUBGRADE,BASE COURSE AN ASPHALT April 2021 Page 1 06 0 G. Section 02322—Dewatering and Drainage 1.3 REFERENCES A. The references to "Standard Specifications" shall mean the Florida Department of Transportation Standard Specifications cited above except for those paragraphs referring to Measurement and Payment. B. AASHTO M216-Standard Specification for Lime for Soil Stabilization C. Al MS-2-Mix Design Methods for Asphalt Concrete and Other Hot-Mix Types D. ASTM D946-Standard Specification for Penetration-Graded Asphalt Cement for Use in Pavement Construction E. ASTM C977-Standard Specification for Quicklime and Hydrated Lime for Soil Stabilization F. TAI-(The Asphalt Institute)-MS-8 Asphalt Paving Manual G. NLA(National Lime Association)Bulletin 326-Lime Stabilization Construction Manual 1.4 UNIT PRICE-MEASUREMENT AND PAYMENT A. Refer to Section SC01025 MEASUREMENT AND PAYMENT 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. The job mix formula including the prime and tack coat,materials(including RPMs),and construction methods shall be submitted to the Engineer for approval before paving begins. Refer to Section SCO1340 SHOP DRAWINGS, WORK DRAWINGS,AND SAMPLES for additional requirements. B. Rock Record Drawings 1.6 QUALITY ASSURANCE A. The Contractor will employ a testing laboratory to evaluate the materials delivered to and placed at the site. B. Certificates of material compliance,signed by material supplier and Contractor,may be submitted in lieu of material testing when acceptable to the Engineer and Project Manager. 1.7 PROJECT CONDITIONS A. Grade Control: Establish and maintain required lines and elevations. 2 PART 2 PRODUCTS 2.1 MATERIALS A. Lime: 1. Lime used as a stabilizing material:ASTM C207 Type N. B. Limerock Base: 1. Limerock as stabilizing material or base coarse shall be to a compacted depth of at least 8 inches and shall consist of fossiliferous limestone of uniform quality,and shall not contain hard or flinty pieces that will prevent attainment of a smooth pavement surface free from pits and pockets.At the Contractor's option, either Ocala limerock or Miami Oolite limerock may be used,but only one type may be used on this Project. 2. Limerock shall be composed of not less that 70%of carbonates of calcium and magnesium,and not more than 3%of water-sensitive clay mineral. C. Shell Base: 1. Shell as a stabilizing material or base course shall be to a compacted depth of at least 8 inches and shall be of mollusk family (i.e. oysters, mussels, clams, or cemented coquina). Steamed shell will not be permitted. 2. At least 50%(by weight)of the total material shall be retained on a No.4 sieve. Not more than 7.5%(by weight)of the total material passing the No. 200 sieve shall be removed by washing and the remainder shall consist of shell particles,chert and sand. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02740-217 SUBGRADE,BASE COURSE AN ASPHALT April 2021 page 1;7;7"1 06 0 D. Prime/Tack Coat: The bituminous material to be used for prime/tack coats shall be either Cut-back Asphalt, Grade RC-70 or RC-250, or emulsified asphalt grades as specified in Section 300-2.1 of the "Standard Specifications"and approved by the Engineer. Materials shall conform to"Standard Specifications",Section 916 and the AASHTO requirements specified therein. E. Asphaltic Concrete Surface Course: 1. Asphaltic concrete surface course Superpave,Type S, S-I, S-II and S-III shall be composed of a mixture of aggregate, mineral filler and asphalt cement. Other types will be considered if not specified on the construction plans. Type should match adjacent existing pavement type if the Project requires restoration and not total resurfacing. 2. The job mix formula,size and percent of aggregates shall be as specified in the"Standard Specifications". 3 PART 3 EXECUTION 3.1 EXAMINATION A. Contractor must examine the site conditions and assure themselves that all proceeding construction activities are complete and the area is ready,as applicable,for stabilizing,application of base course and/or asphalt. B. Paver must examine the areas and conditions under which paving is to be installed. Notify the Contractor in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Paver. 3.2 EXCAVATION A. Excavation shall be as required for the subgrade and cross section as shown on the project construction drawings. All suitable materials removed from the excavation shall be used as far as practicable in the formation of embankments,subgrades,and shoulders,and in such other places as directed by the Engineer.No excavated material shall be wasted without permission and where necessary to waste such material,it shall be disposed of in the locations directed by the Engineer. Muck and other unsuitable material shall be removed and replaced with suitable material. All material used shall be free of stumps, roots, brush, sod, rubbish, rocks or other unsuitable material. 3.3 SUBGRADES A. Subgrade construction shall consist of bringing the bottom of excavations and top of embankments of the roadway, between the outer limits of the paving or base course,to a surface conforming to the grades, lines and cross sections shown on the drawings,of uniform density,ready to receive the base course.The entire subgrade in both cuts and fills shall be thoroughly plowed and mixed to a depth of at least 12 inches below grade. B. The limits of the roadbed included in the designation of subgrade shall be as shown in the profile shown on the project construction drawings. The lines and grades shall be established by the Contractor as shown on the drawings and shall be maintained by means of grade stakes placed in lines parallel to the centerline of the area to be paved and spaces so that string lines may be stretched between the stakes. C. At least 6 inches (loose measurement) of a suitable commercial stabilizing material shall be mixed into the subgrade for stabilization in accordance with the "Standard Specifications", Section 160 and 230. The Florida Bearing Value(FBV)shall be 75 pounds. Density tests will be paid for by Contractor except for additional tests requested by the Project Manager and/or Engineer. D. After the subgrade has been prepared, it shall be kept free from ruts, depressions and any damage resulting from the hauling or handling of tools and equipment. 3.4 BASE COURSE A. Limerock or Shell: 1. Base material shall be dumped on the end of the preceding spread without dumping or hauling directly on the sub-grade. Equipment for spreading and grading shall be as specified in Section 200 and 250 of the "Standard Specifications".After the spreading is completed,the entire surface shall be scarified and then shaped to produce the required grade and cross section after compaction. Water shall be added as required to obtain the specified density. B. If,at any time,the subgrade material should become mixed with the base course material,the Contractor shall, without additional compensation, dig out and remove the mixture, reshape and compact the subgrade, and replace the materials removed with clean base material which shall be shaped and compacted as specified above. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02740-218 SUBGRADE,BASE COURSE AN ASPHALT April 2021 Page 1;7;74 of 1 06 0 C. The completed base course shall be thoroughly cured before the prime coat or wearing surface is laid. The prime coat shall be applied only when the moisture content of the base does not exceed 90%of the optimum moisture for the base material.The Contractor shall maintain the base course to a true and satisfactory surface until the first lift of asphalt is laid. D. After completion of compaction, the surface of the base course shall be checked with a template cut to the required crown, and the thickness shall be checked by borings. Any surface irregularities in excess of 1/4 inch or any deficient thickness shall be corrected by scarifying and adding material after which the entire area shall be re-compacted and examined. 3.5 SURFACE PREPARATION A. Overlay Operations 1. Mill all keyways and areas as shown on the project construction drawings. 2. Remove all loose material from existing asphalt surface immediately before applying prime coat. 3. Tack Coat:Apply at the rate of 0.02 to 0.08 gallon per sq.yd.,over existing asphalt surface. Application of tack coat shall be immediately before overlay operations. B. Roadway Construction 1. Proof roll prepared base course surface to check for unstable areas and areas requiring additional compaction. 2. Remove all loose material from compacted base surface immediately before applying prime coat. 3. Prime Coat:Apply at the rate of 0.35 to 0.40 gallon per sq.yd.,over compacted base course.Apply material to penetrate and seal, but not flood,surface. Apply a light uniform cover of sand and allow to cure. Unless approved by the Project Manager,application of prime coat shall be within 48 hours of the asphalting operations. 3.6 PLACING ASPHALT A. General 1. Lay all asphalt, including leveling course, other than adjacent to curb and gutter or other true edges, by the string line method to obtain an accurate, uniform alignment of the pavement edge. For overlay operations only,an alternative to the initial string line method would be to apply the asphalt overlay, survey and mark the roadway centerline, measure lane width on each side of centerline then string line and saw-cut the edge to match the existing in order to obtain an accurate, uniform alignment of the pavement edge. In no case shall the asphalt overlay material'overhang"the edge of the existing roadway. 2. Place asphalt mixture on clean prepared surface, spread and strike-off. Place inaccessible and small areas by hand. Place each course to required grade,cross-section and compacted thickness. 3. Follow"Standard Specification"Section 330 for general construction of the surface course as applicable to this project. B. Joints: Make joints between old and new pavements, or between successive days work, to ensure continuous bond between adjoining work. Construct joints to have same texture, density and smoothness as other sections of asphalt concrete course. Clean contact surfaces and apply tack coat. C. Protection: Immediately after placement, protect pavement from mechanical injury for sufficient time necessary or until surface temperature is less than 140°F. Erect barricades to protect paving from traffic until mixture has cooled and attained its maximum degree of hardness. 3.7 STRIPING(TEMPORARY AND PERMANENT)RAISED PAVEMENT MARKINGS AND SIGNAGE A. Once the asphalt has been placed and has achieved its maximum degree of hardness, Contractor shall apply temporary STOP BARS and striping as specified on the project construction drawings or in the applicable FDOT Index(9535 through 17356). Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02740-219 SUBGRADE,BASE COURSE AN ASPHALT April 2021 06 0 B. Depending on the chemistry of the thermostripping material,after the final asphalt placement, permanent striping and RPMs shall be applied as specified on the project construction drawings or in the applicable FDOT Index(9535 through 17356). For sanitary and force main ARV manholes located within the grassed right of way(ROW)or swale,green RPMs shall be placed near the center of the roadway on the corresponding side of the yellow line. For sanitary and force main ARV manholes located in the rear easement,green RPMs shall be placed near the corresponding edge of the roadway. Blue RPMs shall be placed in the center on the nearest travel lane directly in front of all fire hydrants. C. Roadway signage shall be as specified on the project construction drawings or in the applicable FDOT Index. Street terminations shall be signed as specified in FDOT Index 17349 3.8 FIELD QUALITY CONTROL A. Section SCO1400 QUALITY REQUIREMENTS B. Compaction testing will be performed in accordance with ASTM D1556 or AASHTO T180 in locations as specified by the Project Manager or Engineer. Project Manager and/or Engineer are to select specific locations and lifts as well as witnessing of all compaction testing. C. If tests indicate Work does not meet specified requirements, remove Work, replace and retest. In general,the re-test locations shall be as specified in FDOT Standard Specification 125. D. Roadway Subgrade Compaction: As a minimum,the top 12-inches of the roadway subgrade shall be compacted to 98%of the modified proctor. Some roadways may require special subgrade stabilization, i.e., LBR 40 or as otherwise specified in the project construction drawings. When special subgrade stabilization is required by the project construction drawings, those requirements shall be superior to this specification requirement. The frequency of density verification testing shall be 3 tests(usually edge of roadway—crown/center—edge of roadway)every 100 linear feet and 1 test for every 100 linear feet of curb. E. Roadway Base Course Compaction: 1. Compaction shall be by rolling with a combination of steel wheel and rubber tired rollers until 98%of the maximum density is reached as tested under AASHTO Method T-180. Compaction and finishing shall be in accord with single course base requirements of Paragraph 200-6 AND 250-7 of the "Standard Specifications". 2. The frequency of density verification testing shall be 3 tests(usually edge of roadway—crown/center —edge of roadway)every 100 linear feet and 1 test for every 100 linear feet of curb. F. Asphalt Testing/Verification: Test the in-place asphalt courses for compliance with requirements for thickness and surface smoothness. Repair or remove and replace unacceptable paving as directed by Engineer. G. Thickness: The compacted thickness of the base or surface courses shall be not less than that shown on the project construction drawings. H. Surface Smoothness: 4. Test finished surface of each asphalt course for smoothness,using 15 foot straightedge applied parallel with the centerline of paved area and extended across all joints. Surfaces will not be acceptable if exceeding the following tolerances for smoothness. a. Base Course Surface: 1/4 inch b. Wear Course and Overlay Surface: 1/8 inch 2. Check surfaced areas at intervals as directed by the Engineer 3. Using the Contractors water truck or metered fire hydrant, Contractor shall flood the finished roadway to verify water coursing and flow line. Any ponding or"bird baths"will be cause for rejection. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02740-220 SUBGRADE,BASE COURSE AN ASPHALT April 2021 J-06 0 SECTION 02925 SODDING ***************************************************************** The Utilities Department uses the Florida Department of Transportation(FDOT)Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification(02925)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 575—Sodding • Section 580—Landscape Installation In the event that this technical specification(02925)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards,it is the responsibility of the Contractor to request clarification or resolution,in writing,from the Project Manager and Engineer. ***************************************************************** PART 1 GENERAL 1.1 SECTION INCLUDES A. The work consists of establishing a grass covering on slopes,shoulders,lawns,and other areas by sodding as shown on the project construction drawings. Also included are fertilizing,watering and maintenance as required to produce a healthy stand of grass. The phrase"grassing or sodding"in Section SC01025 MEASUREMENT AND PAYMENT is a generic use of terms that can be applied to a wide variety of field applications such as for a cross-country pipeline corridor(grassing),a pipeline corridor through a park(sodding)and the pipeline corridor in or impacting the neighborhood swales(sodding). Grassed areas apply to, but are not limited to applications such as bottoms of dry retention ponds, cross-country pipeline corridors,possibly lay down yards(depending on the Contractor agreement with the property owner)and other large and/or expansive areas. Sodded areas apply to, but are not limited to applications such as neighborhood swales, the sloped sides of a dry and/or wet retention ponds and embankments. B. Preparation of subsoil C. Fertilizing D. Sod installation E. Maintenance 1.2 RELATED SECTIONS A. Section SC01025—Measurement and Payment B. Section SC01340—Shop Drawings,Work Drawings,and Samples C. Section SCO1400—Quality Requirements D. Section 02300-Earthwork E Section 02924—Seed, Mulch and Fertilizer F. Section 02930-Exterior Plants G. Section 02960—Restoration of Surface Improvements 1.3 REFERENCES A. ASPA(American Sod Producers Association)-Guideline Specifications to Sodding B. FS O-F-241 -Fertilizers, Mixed, Commercial 1.4 UNIT PRICE-MEASUREMENT AND PAYMENT A. When identified in the Schedule of Bid Items as a separate pay item,sodded areas shall be: 1. Basis of Measurement: By the square yard Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02925-221 SODDING April 2021 Page 1;7;7 1 06 0 2. Basis of Payment: Includes preparation of subsoil,topsoil, placing topsoil,fertilization,sodding,watering and maintenance to specified time limit. B. If sodding is NOT identified in the Schedule of Bid Items as a pay item, it shall be considered as incidental and all of the requirements of this Section shall be required. 1.5 SUBMITTALS A. Contractor shall submit Certificates of Compliance, with this specification, for the topsoil, sod and fertilizer. Refer to PART 2 PRODUCTS for requirements. B. Contractor shall prepare a resident notification letter three (3)weeks prior to placement informing them of the sod replacement criteria and the type of sod identified for the swale(in front of their property)for the review and authorization of the Project Manager. Once authorized,the Contractor shall deliver to each property a copy of the notification letter. 1.6 SOD REPLACEMENT CRITERIA A. City, County or State ROW areas, i.e.,typically those areas between the edge of the roadway and the property line, that have been disturbed or damaged by project construction activities will be re-sodded. The type of replacement sod, either Argentine Bahia or St.Augustine-Floratam,will be based on the following criteria: 1. If the area has an existing and operational underground irrigation system, the replacement sod shall be St.Augustine-Floratam. 2. If the area does NOT have an existing and operational underground irrigation system, the replacement sod shall be Argentine Bahia. 3. Additionally,based on the Pre Construction Video and Photographic Site Survey,together the Contractor and Project Manager shall determine the replacement sod type. 1.7 DEFINITIONS A. Weeds: Includes Dandelion,Jimsonweed,Quackgrass,Horsetail,Morning Glory,Rush Grass,Mustard,Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry,Tansy Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass,Wild Garlic, Perennial Sorrel,and Brome Grass. 1.8 QUALITY ASSURANCE/GUARANTEE A. All sodded areas shall be guaranteed for twelve months after date of Final Acceptance. B. Replacement of sodded areas that have not produced a well established stand of grass: Any sodded areas showing indication of probably non-survival or lack of health and vigor, or which do not exhibit the characteristics to meet specifications,shall be replaced within 21 days of notice from Project Manager or Engineer. All replacement sodding shall be furnished/installed at no additional cost to the Owner and shall be guaranteed for twelve months. All replacements shall meet original specifications. C. At the end of the guarantee period,all sodded areas that are dead or in unsatisfactory growth shall be replaced within two weeks. 1.9 QUALIFICATIONS A. Sod Producer: Company specializing in sod production and harvesting with minimum five (5)years experience, and certified by the State of Florida. B. Installer: Company with previous experience with the sod producer. 1.10 DELIVERY,STORAGE,AND HANDLING A. Deliver sod on pallets. Protect exposed roots from dehydration. C. Do not deliver more sod than can be laid within 24 hours. 2 PART 2 PRODUCTS 2.1 MATERIALS A. Sod: ASPA Approved Field grown grade; cultivated grass sod; type indicated in plant schedule on the project construction drawings; with strong fibrous root system, free of stones, burned or bare spots containing less than 2 percent weeds per 1000 sq ft. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02925-222 SODDING April 2021 06 0 1. Argentine Bahia Grass Type: Florida State Plant Board specifications. Sod received at site shall be moist and green. Dry and/or brown sod will NOT be accepted for placement. 2. St.Augustine-Floratam Grass Type: Florida State Plant Board specifications. Sod received at site shall be moist and green. Dry and/or brown sod will NOT be accepted for placement. B. Topsoil: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from drained site;free of subsoil,clay,or impurities, plants,weeds and roots; pH value of minimum 6.0 and maximum 7.0. Existing topsoil, removed as a result of pipeline or structure installations, shall NOT be re-used without written approval from the Project Manager. C. Fertilizer: FS O-F-241, Type I, Grade A (slow release granular); recommended for grass, with fifty percent of the elements derived from organic sources;of proportion necessary to eliminate any deficiencies of topsoil to either of the following proportions: 15-5-15,25-4-11,24-2-11 or as approved by the Project Manager. D. Water: The water used in the performance of this Contract shall be clean,fresh and free from injurious amounts of oil, acid,alkali,or organic matter that could inhibit vigorous growth of grass and vegetation. 2.2 ACCESSORIES For terrain sloped at 2:1 or greater,the following accessories will be required: A. Wood Pegs: Softwood,sufficient size and length to ensure anchorage of sod on slope. B. Wire Mesh: Interwoven hexagonal plastic mesh of 2-inch size. C. Edging: Refer to Landscape plan. D. Herbicide: Refer to Landscape plan. 2.3 HARVESTING SOD A. Machine cut sod and load on pallets in accordance with ASPA Guidelines. B. Cut sod in area not exceeding 1 sq yd,with minimum 1-inch and maximum 1-1/2 inch topsoil base. 2.4 TESTS A. Provide analysis of topsoil fill under provisions of Section SCO1340 SHOP DRAWINGS, WORK DRAWINGS, AND SAMPLES. B. Analyze to ascertain percentage of nitrogen, phosphorus, potash,soluble salt content,organic matter content,and pH value. C. Testing is not required if recent tests are available for imported topsoil. Submit these test results to the testing laboratory for approval. Indicate,by test results,information necessary to determine suitability. 3 PART 3 EXECUTION 3.1 PREPARATION A. Verify that prepared soil base is ready to receive the work of this section. B. Preparation of area to be sodded:The ground to be sodded shall be prepared by grading and thoroughly loosening the soil to a depth of 2 inches. The prepared soil shall be loose and reasonably smooth.It shall be reasonably free of large clods,roots,and other materials that will interfere with the work and subsequent mowing and maintenance operations. Hand picking may be required. C. In general,the prepared area,prior to placement of imported topsoil,shall be 5 to 6 inches below the edge of roadway and driveway apron pavement and 3 to 4 inches below the edge of sidewalks. 3.2 PLACING TOPSOIL A. Spread imported topsoil to a minimum depth of 2 inches over area to be sodded. B. Place topsoil during dry weather and wind velocity not exceeding 15 miles per hour. C. Remove vegetable matter and foreign non-organic material from topsoil while spreading. D. Grade topsoil to eliminate rough,low or soft areas,and to ensure positive drainage. E. Install edging at periphery of sodded areas in straight lines to consistent depth. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02925-223 SODDING April 2021 06 0 F. After the raking-in of the fertilizer,the topsoil shall be tamped. 3.3 FERTILIZING A. The fertilizer shall be mechanically spread at the rate prescribed by the manufacturer just in front of the sod laying activities. B. On steep slopes,where the use of a machine for spreading or mixing is not practicable,the fertilizer shall be spread by hand. C. With the written authorization of the Project Manager,liquid fertilizer may be used after the sod has been placed. Where fertilizer is applied hydraulically,it need not be worked into the soil. 3.4 LAYING SOD A. Moisten prepared surface immediately prior to laying sod. B. Lay sod within 24 to 48 hours after harvesting to prevent deterioration. C. Lay sod tight with no open joints visible,and no overlapping;stagger end joints 12 inches minimum. Do not stretch or overlap sod pieces. Newly placed sod shall abut existing sod in a straight and even line. D. Lay smooth. Align and level with adjoining grass areas. E. Place top elevation of sod (top of grass blades)one (1)inch below adjoining edging/edge of pavement for roadways and driveway aprons and level/even for sidewalks.Tolerance shall be plus 0.00 inches and minus 0.05 inches F. On slopes 2:1 and steeper,lay sod perpendicular to slope and secure every row with wooden pegs at maximum 2 feet on center. Drive pegs flush with soil portion of sod. G. Prior to placing sod, on slopes exceeding 1.5:1 or where indicated, place wire mesh over topsoil. Securely anchor in place with wood pegs sunk firmly into the ground. H. Water sodded areas immediately after installation,saturate sod to 4 inches of soil. I. After sod and soil have dried, roll sodded areas to ensure good bond between sod and soil and to remove minor depressions and irregularities. 3.5 MAINTENANCE A. Mow grass at regular intervals to maintain at a maximum height of 2-1/2 inches. Do not cut more than 1/3 of grass blade at any one mowing. Four(4)complete mowings shall be included in the base price for sodding. The final mowing shall be done just prior to Final Acceptance. B. Neatly trim edges and hand clip where necessary. C. Immediately remove clippings after mowing and trimming. D. Water to prevent grass and soil from drying out. E. Control growth of weeds. Apply herbicides in accordance with manufacturer's instructions. Remedy damage resulting from improper use of herbicides. F. Immediately replace sod to areas that show deterioration or bare spots. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02925-224 SODDING April 2021 06 0 SECTION 02960 RESTORATION OF SURFACE IMPROVEMENTS PART 1 GENERAL 1.1 SECTION INCLUDES A. The work includes the restoration of driveway aprons, mail boxes, grassed and sodded areas,trees and plants, roadways,sprinkler systems,sidewalks and any other improvements required as a result of the Work. B. Restoration of surface improvements shall be concurrent with the installation of the water main, reclaimed water main, force main, drainage improvements or sanitary sewer; the work includes swale development and improvements on both sides of the streets in the project area. Work includes re-grading,sodding,driveway apron reconstruction, replacement of pre-existing irrigation systems and all surface restoration including trench repair. At no time,shall there be more than 500 linear feet of incomplete surface restoration including'rocked-in"trench repair.The City may(case by case)approve more than this, but never exceeding 1,000 linear feet of incomplete surface restoration. C. This section includes furnishing equipment, labor and materials, and performing all necessary and incidental operations to perform the required Work. 1.2 RELATED SECTIONS A. Section SC01025—Measurement and Payment B. Section SC01340—Shop Drawings,Work Drawings,and Samples C. Section SCO1400—Quality Requirements D. Section 02740—Subgrade, Base Course and Asphalt E. Section 02924—Seed, Mulch and Fertilizer F. Section 02925—Sodding G. Section 02930—Exterior Plants H. Section 03300—Cast-In-Place Concrete 1.3 REFERENCES Not Used. 1.4 UNIT PRICE—MEASUREMENT AND PAYMENT A. Unless specifically called out in the Schedule of Bid Items,work under this Section shall be considered incidental to the Work as detailed in the related Sections. When existing Right-Of-Way (ROW) irrigation must be disturbed due to pipeline installation or swale development, the existing lines shall be cut-&-capped during the construction/installation process. The replacement of existing irrigation in the Public ROW is NOT a pay item. Replacement of existing ROW irrigation shall be incidental to the Unit Price of the specific work item. Replacement material(pipe,fittings and sprinkler heads)shall be equal to or of a better quality,quantity and size than the pre-existing. 2 PART 2 PRODUCTS 2.1 Refer to the individual Sections identified above 3 PART 3 EXECUTION 3.1 RESTORATION ACTIVITIES A. Areas affected by the Work shall be restored to a condition equal to or better than the condition existing before the commencement of the Work. Additionally the Contractor shall re-set/replace disturbed and/or damaged mailboxes(all mailboxes shall conform to the current requirements of the US Post Office)and the Contractor shall re-set or replace existing signage. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02960-225 RESTORATION OF SURFACE IMPROVEMENTS April 2021 Page 1:781 of 1 06 0 3.2 BUSH, PLANT,SHRUB AND/OR TREE REMOVAL AND REPLACEMENT CRITERIA A. Bushes, plants, shrubs and/or trees that have been planted in the City, County or State ROW by the adjacent property owner and is in direct conflict with a proposed utility improvement that includes swales,shall be removed to allow for the installation of the project improvements and NOT replaced. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 02960-226 RESTORATION OF SURFACE IMPROVEMENTS April 2021 06 0 SECTION 03300 CAST-IN-PLACE CONCRETE The Utilities Department uses the Florida Department of Transportation(FDOT)Standard Specifications for Road and Bridge Construction and the FDOT Design Standards, latest edition, as reference documents. It is the intent of the Utilities Department that this technical specification(03300)shall govern the applicable project work that is typically identified in the following FDOT Specification and Standard sections: • Section 346-Portland Cement Concrete • Section 350-Cement Concrete Pavement • Section 400-Concrete Structures In the event that this technical specification(03300)is either silent on an issue or requirement or if it appears to present a conflict with the referenced FDOT Specifications and Standards, it is the responsibility of the Contractor to request clarification or resolution, in writing, from the Project Manager and Engineer. 1 PART 1 GENERAL 1.1 PURPOSE A. The purpose of this Section is to address concrete that is either mixed on site for thrust blocks,valve collars and other miscellaneous concrete and for concrete delivered to the site by an FDOT licensed Concrete Batch Plant for site placement for driveways,driveway aprons,curbs and gutters,sidewalks,minor equipment pads,light pole base,flagpole base,thrust blocks,manholes,miscellaneous structures and miscellaneous slabs on grade. 1.2 RELATED SECTIONS A. Section SC01025—Measurement and Payment B. Section SC01340—Shop Drawings,Work Drawings,and Samples C. Section SCO1400—Quality Requirements 1.3 REFERENCES A. ACI 301 -Specifications for Structural Concrete B. ACI 305R-Hot Weather Concreting C. ACI 308-Standard Practice for Curing Concrete D. ACI 347-Recommended Practice for Concrete Formwork E. ASTM D1751 -Standard Specification for Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction(Non-extruding and Resilient Bituminous Types) F. ASTM C33-Standard Specification for Concrete Aggregates G. ASTM C94—Standard Specification for Ready-mixed Concrete H. ASTM C150-Standard Specification for Portland Cement I. ASTM C260-Standard Specification for Air-Entraining Admixtures for Concrete 1.4 UNIT PRICE-MEASUREMENT AND PAYMENT A. Refer to Section SC01025 MEASUREMENT AND PAYMENT 1.5 SUBMITTALS FOR REVIEW AND AUTHORIZATION TO PROCEED A. The job mix formula,materials,and construction methods shall be submitted to the Engineer for approval before concrete begins. Refer to Section SCO1340 SHOP DRAWINGS,WORK DRAWINGS,AND SAMPLES. B. Project Record Documents Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 03300-227 CAST-IN-PLACE CONCRETE April 2021 Page 1:789 of i 06 0 1. Laboratory reports for compressive strength(7 day and 28 day),slump and air entrainment 2 PART 2 PRODUCTS 2.1 CONCRETE MATERIALS A. Cement: ASTM C150,Type I-Normal B. Fine and Coarse Aggregates:ASTM C33 C. Water: Potable 2.2 FORM MATERIALS A. Form Materials:At the discretion of the Contractor 2.3 REINFORCEMENT A. Reinforcing Steel: ASTM A615, 60 ksi yield grade; deformed billet steel bars, unfinished or epoxy coated in accordance with ASTM A775 finish as called for on the plans. B. Stirrup Steel:ANSI/ASTM A82,unfinished or epoxy coated in accordance with ASTM A775 finish as called for on the plans. C. Welded Steel Wire Fabric:ASTM A497 Deformed Type;in coiled rolls;unfinished or epoxy coated in accordance with ASTM D884 Class A finish as called for on the plans. 2.4 ADMIXTURES A. Air Entrainment:ASTM C260 2.5 ACCESSORIES A. Bonding Agent: Polymer resin emulsion. B. Non-Shrink Grout: Premixed compound consisting of non-metallic aggregate, cement, water reducing and plasticizing agents;capable of developing minimum compressive strength of 2,400 psi in 48 hours, 7,000 psi in 28 days. 2.6 JOINT DEVICES AND FILLER MATERIALS A. Joint Filler Type A:ASTM D1751;Asphalt impregnated fiberboard or felt, 1/4 inch thick;tongue and groove profile. 2.7 CONCRETE MIX DESIGN A. Refer to FDOT Standard Specifications Section 347 for mix composition of the various types of concrete classes. B. Design mix to produce standard-weight concrete consisting of Portland cement, aggregate, air-entraining admixture and water to produce the following properties: 1. Compressive Strength: 3000 psi, minimum at 28 days. 2. Slump Range:2"to 4" 3. Air Content:4%+/- 1.5% 4. Minimum total cementitious content Ib/yd3:530 5. Maximum water cement ratio Ib/Ib: 0.50 3 PART 3 EXECUTION 3.1 EXAMINATION A. Verify site conditions as shown on the contract drawings. B. Verify requirements for concrete cover over reinforcement. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 03300-228 CAST-IN-PLACE CONCRETE April 2021 Page 1:784 of i 06 0 C. Verify compacted granular base is acceptable and ready to support concrete placement and imposed loads. D. Verify gradients and elevations of base are correct. Verify lines, levels and centers before proceeding with formwork. Ensure that dimensions agree with drawings. E. Verify that anchors,seats, plates, reinforcement and other items to be cast into concrete are accurately placed, positioned securely,and will not cause hardship in placing concrete. 3.2 PREPARATION A. Prepare previously placed concrete by cleaning with steel brush and applying bonding agent in accordance with manufacturer's instructions. B. In locations where agency jurisdictional requirements specify new concrete be doweled to existing work, or as shown on the drawings,the doweling shall be performed as follows:drill holes in existing concrete, remove dust and debris with compressed air,inject epoxy and insert steel dowels. For Curbs,sidewalks,driveways and other flatwork, provide a minimum of number 5 dowels at 18" o/c along the entire joint between new and existing concrete. Anchoring holes for all dowels shall be drilled at mid depth to provide a minimum penetration of 10" into the existing slab and 18"into the new slab. Brush full depth of each hole and remove dust with compressed air or rinse with water and allow to fully dry prior to epoxy/dowel placement into the existing slab. C. Set forms to required grades and lines, rigidly braced and secured. Install sufficient quantity of forms to allow continuous progress of work and so that forms can remain in place at least 24 hours after concrete placement. D. Check completed formwork for grade and alignment to the following tolerances: 1. Top of forms not more than 1/8"in 10 feet deviation in alignment 2. Vertical face on longitudinal axis, not more than 1/4"in 10 feet E. Clean forms after each use and coat with form release agent as often as required to ensure separation from concrete without damage. F. Assemble formwork to permit easy stripping and dismantling without damaging concrete. G. Place joint filler vertical in position, in straight lines to the full depth of the concrete. Secure to formwork during concrete placement. H. Place,support and secure reinforcement against displacement. Do not deviate from required position. 3.3 INSERTS, EMBEDDED PARTS,AND OPENINGS A. Provide formed openings where required for items to be embedded in passing through concrete work. B. Locate and set in place items,which will be cast directly into concrete. C. Coordinate with work of other sections in forming and placing openings,slots,recesses,sleeves,bolts,anchors, other inserts,and components of other Work. D. Install accessories in accordance with manufacturer's instructions, straight, level, and plumb. Ensure items are not disturbed during concrete placement. E. Provide temporary ports or openings in formwork where required to facilitate cleaning and inspection. Locate openings at bottom of forms to allow flushing water to drain. F. Close temporary openings with tight fitting panels, flush with inside face of forms, and neatly fitted so joints will not be apparent in exposed concrete surfaces. 3.4 QUALITY CONTROL A. Field inspection and testing will be performed in accordance with ACI 301. B. Provide free access to Work and cooperate with appointed firm. C. Tests of cement and aggregates may be performed to ensure conformance with specified requirements. D. Four(4)concrete test cylinders will be taken for every 75 or less cubic yards of each class of concrete placed or for each day concrete is placed. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 03300-229 CAST-IN-PLACE CONCRETE April 2021 Page 1:785 Of i 06 0 1. Compressive strength test reports are to be provided in a progressive manner as the testing laboratory generates them. Contractor shall instruct their subcontracted laboratory to send copies to the Project Manager. E. One additional test cylinder will be taken during cold weather concreting,cured on job site under same conditions as concrete it represents. F. One slump test will be taken, by the independent testing laboratory,for each set of test cylinders taken. 3.5 PLACING CONCRETE A. Place concrete in accordance with ACI 301, ACI 302 or ACI 318. CONCRETE SHALL BE CONSOLIDATED DURING THE PLACEMENT WITH THE USE OF APPROPRIATE VIBRATORY EQUIPMENT. B. Notify Engineer minimum 24 hours prior to commencement of operations. C. Ensure reinforcement,inserts,embedded parts,formed expansion and contraction joints,are not disturbed during concrete placement. D. Place joint filler in as shown on the plans. Set top to required elevations. Secure to resist movement by wet concrete. E. Install joint devices in accordance with manufacturer's instructions. F. Maintain records of concrete placement. Record date,location,quantity,air temperature,and test samples taken. G. Place concrete continuously between predetermined expansion,control,and construction joints. 3.6 JOINTS A. Make joints between old and new pavements,or between successive days work,to ensure continuous abutment between adjoining work. B. Construct joints to have same texture, density and smoothness as other sections of cement concrete course. Clean contact surfaces and install expansion joints prior to next day's installation. C. Weakened-Plane(Contraction)Joints: Provide weakened-plane joints,sectioning concrete into areas as shown on the drawings or every five linear feet for curbs. Construct weakened-plane joints for a depth equal to at least 1/4 concrete thickness,as follows: 1. Sawed Joints: Form weakened-plane joints using powered saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut joints into hardened concrete as soon as surface will not be torn, abraded,or otherwise damaged by cutting action. 2. Construction Joints: Place construction joints at end of all pours and at locations where placement operations are stopped for a period of more than 1/2 hour, except where such pours terminate at expansion joints. D. Expansion Joints: Provide premolded joint filler for expansion joints abutting concrete curbs, catch basins, manholes,inlets,structures,walks and other fixed objects,unless otherwise indicated. E. Extend joint fillers full-width and depth of joint, and not less than 1/2" or more than 1", and 1" below finished surface for joint sealer. 3.7 FINISHING A. After striking-off and consolidating concrete,smooth surface by screeding and floating. Use hand methods only where mechanical floating is not possible.Adjusting floating to compact surface and produce a uniform texture. B. After floating,test surface for trueness with a 10-foot straightedge. Distribute concrete as required to remove surface irregularities,and refloat repaired areas to provide a continuous smooth finish. C. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round to 1/2" radius, unless otherwise indicated. Eliminate any tool marks on concrete surface. D. After completion of floating and when excess moisture or surface sheen has disappeared, complete surface finishing,as follows: Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 03300-230 CAST-IN-PLACE CONCRETE April 2021 Page 1:786of 06 0 1. Driveway aprons and Sidewalk Paving: Light broom, radius to 1/4-inch radius,and trowel joint edges. At the junction of sidewalks to roadway crossings,the sidewalks shall have a tactile surface treatment as specified in FDOT. 2. Median Barrier: Light broom,radius to 3/4-inch radius,and trowel joint edges. 3. Curbs and Gutters: Light broom. 4. Direction of Texturing: Parallel to pavement direction. 5. Inclined Vehicular Ramps: Broomed perpendicular to slope. E. Place curing compound on exposed concrete surfaces immediately after finishing. Apply in accordance with manufacturer's instructions. 3.8 FORM REMOVAL A. Forms shall not be removed before the expiration of the minimum number of days indicated below,except when specifically authorized. When conditions of the work are such as to justify it,forms may be required to remain in place for longer periods. 1. Sidewalks,driveways,driveway aprons: 4 days 2. Walls&vertical faces: 7 days 3.9 PROTECTION A. Immediately after placement, protect pavement from premature drying, excessive hot or cold temperatures, mechanical injury and vandalism. B. Drill test cores where directed by the Project Manager, when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory pavement areas with Portland cement concrete bonded to pavement with epoxy resin grout. C. Repair or replace broken or defective concrete,as directed by the Project Manager. D. Sweep concrete pavement and wash free of stains, discolorations, dirt and other foreign material just prior to Final Acceptance. 3.10 PATCHING A. Allow the Project Manager to inspect concrete surfaces immediately upon removal of forms. B. Excessive honeycomb or embedded debris in concrete is not acceptable. C. Patch imperfections as directed in accordance with ACI 301. END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 03300-231 CAST-IN-PLACE CONCRETE April 2021 Page 1:78:7 OF 06 0 SECTION 5—PRE-CHLORINATED PIPE BURSTING 5.1 PRE-CHLORINATED PIPE BURSTING: 5.1.1 Outline of the Method of Pre-Chlorination of HDPE Pipe Assuming all qualifications for skill and materials are met,the Pipe Bursting of Potable Water Mains using Pre- Chlorinated Pipe will repeat the method, outlined below for each section of pipe being rehabilitated. These processes may be performed in series or in parallel with other sections of pipe within the job; however each section will require these steps. 5.1.1 a Deliver notice of service outage to each affected property owner in advance of work. 5.1.1b Chlorinate a length of product pipe that yields passing test results for potable water per AWWA, Regulatory Authority and City standards. 5.1.1c Hydrostatic test of the product pipe section per City standards. 5.1.1d Excavate a Burst Pit at one end of the section down to pipe grade for placement of the pipe bursting equipment. 5.1.1e Excavate an Insertion Pit at the opposite end of the section down to pipe grade for entry of the product pipe. 5.1.1f Excavate Service Connection Pits. 5.1.1g Isolate the section to be rehabilitated from the rest of the system so as to maintain pressure integrity of the system as well as preventing any backflow of chlorinated solution or non- potable water into the system. 5.2.1h Excavate and remove hydrant tees and valve tees from the host pipe. 5.2.1 i Rod string to be assembled as it is thrust through the host pipe from Burst Pit to Insertion Pit. 5.2.1j Burst tooling and product pipe attached to rod end at Entry Pit. 5.2.1k Rod string pulled back and disassembled simultaneouslywhile tooling and product pipe travels from Insertion Pit to Burst Pit. 5.2.11 Service Connections shall be made to the newly installed main. 5.2.1m Super-Chlorinate main for 15 minutes to 300 ppm. A de-chlorination unit will be used to neutralize the residual chlorine when flushing. Flush the newly installed main with potable water. 5.2.1 n Inspect for leaks at new connections. 5.2.10 Final connection of the replaced section of pipe into the system. It should be noted that item"5.2.1d"through"5.2.1 o"are to be accomplished within a single eight(8)hour day to eliminate the need for any temporary services.The length of pipe to be burst per run should be chosen to conform to this time frame. Items"5.2.1d"though "5.2.1f' (excavation items)may be performed one day prior to bursting operations,to expedite process. This entire procedure shall be included in the unit price for pipe bursting. 5.3 PRIOR TO PIPE BURSTING: Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 232 Page 1:788 of i 06 0 5.3.1 Contractor Pre-Qualifications In order to assure quality execution of the method,the contractor shall submit the following to the City: 5.3.1a Experience—the contractor shall provide documented evidence of: 5.3.1a.1 Successful replacement of asbestos cement pipe with pre- chlorinated HDPE water pipe bursting on a minimum of projects in the State of Florida. 5.3.1a.2 The work experience must have been performed under the company name contracted with a publicly-owned treatment works. 5.3.1a.3 Experience must be with the use of a static pipe bursting system with evidence of,6", 8", 10"and bigger sizes projects. 5.3.1a.4 References must accompany each project experience submitted with detailed project description and contact information. 5.3.1b Certification 5.3.1 b.1 Certificate of training endorsed by the manufacturer of the pipe bursting equipment. 5.3.1b.2 Certificate of training endorsed by the manufacturer of thermal fusion equipment in butt fusing of HDPE pipe, in lieu of certificate,evidence of training maybe substituted. 5.3.1 b.3 Certificate of training endorsed bythe supplier or manufacturer of HDPE electro-fusion fusion couplers to be used in the method. In lieu of certificate,evidence of training maybe substituted. 5.3.1c Hygiene -a competency statement by contractor that all employees are medically cleared to work on restricted operations and have been trained in hygienic procedures. 5.3.1d Personnel overseeing the pre-chlorination process shall be trained and qualified in the process. 5.3.2 Pipe Specifications 5.3.2a High Density Polyethylene Pipe shall be AWWA C906(HDPE)and per City Specifications. 5.3.2b Pipe must conform to ASTM F714 and NSF 61. 5.3.2c HDPE resin shall be PE4710 characterized by ASTM D3350. 5.3.2d All pipe shall be made of virgin material, no rework except that obtained from the manufacturers own production. 5.3.2e Pipe shall be a minimum of SDR 11 wall thickness or as directed bythe City. 5.3.2f Cuts or gouges, per ASTM F585 are acceptable up to 10%of wall thickness. Beyond 10%of wall, damage must be removed by cutting the damaged section from the pipe string and butt fusing the ends. 5.3.2g Stripe along the length of the pipe shall be blue in color to identify the pipe as potable water. 5.3.3 Other Product Specifications 5.3.3a Fittings for pressure systems shall be ductile iron and complywith AWWA C110.The minimum pressure rating shall be 200 PSI and meet all City standard specifications. 5.3.3b Stiffener inserts per ASTM 240 shall be used for all fittings and connections to HDPE pipe. Stiffeners shall be 304 stainless steel and be of wedge type design. 5.3.3c Service Connection Fittings shall be HDPE electro-fusion type and/or mechanical saddles with a minimum working pressure of 100 PSI and per City specification. 5.3.3d Pipe Connection Fittings shall meet AWWA C906 and meet or exceed the pressure requirements of the HDPE Pipe 5.3.4 Product Compliance 5.3.4a Certificate of compliance shall be supplied to the City that the Product Pipe is per specification 5.3.2 and as specified in the General Requirements Section. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 233 SECTION 5—PRE-CHLORINATED PIPE BURSTING 06 0 5.3.4b All materials (in excess of those specified above in 5.3.4a used with the coupling or connecting HDPE water main must be submitted and approved by the City. 5.3.5 Product Handling 5.3.5a Pipe transport and handling shall be per manufacturer's recommendation. 5.3.5b Product other than pipe must be stored and handled per manufacturer's recommendations. 5.3.6 Documentation and Planning 5.3.6a For each project, Contractor shall submit a plan to the City on a marked up copy of the Project Drawings showing the Contractor's construction phasing and plans at the Pre- Construction Meeting. Plan details should include: 5.3.6a.1 Pit locations for pipe insertion and bust machine location. 5.3.6a.2 Pit locations for service re-connects. 5.3.6a.3 Schedule of when various sections are to be rehabilitated. 5.3.6a.4 Distances of each pull. 5.3.6a.5 Isolating points used to seal the system during the pipe burst. 5.3.6a.6 Chlorination/de-chlorination logs for each pipe section. 5.3.6b The Project Construction drawings provided by the Owner shall be marked bythe contractor to show actual locations of services, fittings, fire hydrants and other reconnects. These markups shall be done the day of the actual placement. A set of marked up plans shall be returned to the Owner within 15 days of substantial completion of job. 5.3.6c Chlorination Submission Documents, pipes Pre-Chlorinated with intent to install under this specification must have a log sheet placed in a sealed waterproof envelope attached to the pipe at the start of the Chlorination process. This sheet makes up the Chlorination Submission Documents and shall be delivered to the City at the same time as the marked up construction drawing. Information on the log sheet shall at a minimum include: 5.3.6c.1 Date of Swabbing 5.3.6c.2 Date of Chlorinating and amount of chlorine used 5.3.6c.3 Date of samplings 5.3.6c.4 Results of Sample tests 5.3.6c.5 Date of pipe installation 5.3.6c.6 Date of Pressure Test 5.3.6c.7 Makeup water details(if any) 5.3.6c.8 End test pressure 5.3.6c.9 Final pressure test results 5.3.6c.10 Location of installation 5.3.7 Notification of Regulatory Agency Prior to commencement of construction, the Owner and the Contractor shall notify the local regulatory agency for their project review and oversight. Specifications for the construction processes and/or plans shall be provided to the agency if required. 5.3.8 Interruption of Service to End Users 5.3.8a Interruption of service to end users shall be minimized through the efforts of the contractor and use of the method outlined within. Outages shall be limited to 8:00 AM to 6:00 PM Monday through Friday. No interruption shall be permitted between 6:00 PM and 8:00 AM or on Saturday, Sunday or legal holidays without the approval of the owner. 5.3.8b Only one(1)line segment,per bursting machine in operation,maybe shutdown for rehabilitation at anyone moment. 5.3.8c End users shall be notified in writing(door hanger, flier, etc.)by the contractor in a manner approved bythe City.General notice shall be provided(7)days in advance if possible.Detailed Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 234 SECTION 5—PRE-CHLORINATED PIPE BURSTING 06 0 Notice shall be provided at minimum permissible advance of 48 hours prior to service interruption. 5.3.9 Joining of Pipe 5.3.9a Fusing per Butt fusion methods in strict conformance to the pipe and/or fusing equipment manufacturers recommendations shall be used to join sections of High Density Polyethylene Pipe. 5.3.9b Fusing of'sticks'of pipe shall be performed in the general vicinityof the pipe insertion pit or lay down yard(staging area). 5.3.9c Pipe supplied bythe pipe manufacturer in a coil maybe fused remote from the pipe insertion pit. 5.3.9d Solvent cement joints performed by anyone other than the manufacturer are unacceptable for any HDPE pipe or fitting. 5.3.10 Pre-Chlorination of Product Pipe Chlorination of pipes prior to bursting shall be carried out per ANSI/AWWA C651-99 Disinfecting Water Mains and in cooperation with the Utilities Department. Any information here shall facilitate that method when performed on pipes not yet placed on grade. In general,the method includes the following: 5.3.10a Disinfect all equipment,tools,end caps,pipe fittings or product that may contact pipe. 5.3.10b Disinfection shall be carried out by immersing or rinsing items in a hypochlorous solution containing one (1%) to five (5%) percent chlorine measured by weight. See details of Chlorination solution in Section 5.3.11. 5.3.10c Product pipe shall be fused into a string of sufficient length to complete the designated section or be coiled in a manner suitable for delivery on a pipe reel. Maximum allowable length is 800 feet. 5.3.10d The surface upon which the product pipe rests during Chlorination shall be relatively impervious and free from visible contamination. Coiled pipe must be laid horizontallyto allow all air to be expelled. 5.3.10e Swabbing, Chlorination and testing of the inside diameter of the pipe shall be accomplished by. 5.3.10e.1 Swab being inserted at the lowest end of the pipe. 5.3.10e.2 Calcium Hypochlorite tablets or granules as described in Section 2.11 shall be placed behind the swab 5.3.10e.3 Pressure tight end cap shall be mounted to the low end of the pipe either by using or mechanically assembled to the pipe. 5.3.10e.4 Potable water shall be introduced through this end cap at a controlled rate such that the swab is propelled at a velocity less than or equal to one foot per second.All air is to be dispelled from the pipe. 5.3.10e.5 Upon discharge of the swab from the elevated end of the pipe, the elevated end shall be capped with a pressure tight seal.This seal having a tapped access hole of size at least 1.25"NPT or incorporating the ability to leak(purge)air or water at will by adjustment of clamping bolts.Additional potable water should be added after capping to ensure that no air remains between the caps. 5.3.10e.6 Pressure testing of the pipe section should be performed per details in section 5.3.12 upon replacement of the second end cap. 5.3.10e.7 Chlorinated solution should be maintained in the pipe for a minimum of 24 hours prior to flushing when water temperature is above 41 OF(50C), 48 hours when water temperature is 41°F(5°C)or less.Time for retention of the chlorinated solution shall not be significantly over designated holding time so as to prevent damage to the pipe or end caps. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 235 SECTION 5—PRE-CHLORINATED PIPE BURSTING Page 1:791 of 06 0 5.3.1Oe.8 After designated holding time,the pipe shall be drained,flushed and filled with potable water so as to expel the highly chlorinated solution. The spent Chlorinated solution shall not be allowed to enter any water shed, a sanitary sewer or any other area where environmental damage may occur without neutralizing it in an industry acceptable manner. Rushing water shall be from a source known to be of drinking water standard. 5.3.10e.9 Test samples shall be taken from each end of the pipe on consecutive days, 24 hours apart. Samples shall be tested by a state certified lab within 30 hours of being taken. 5.3.10e.10 Failure of any sample to pass a bacteriological test should result in the related section of pipe being re-flushed and retested.Should any sample again fail,the section must be chlorinated before retest. 5.3.10e.11 Time before re-connection of a passing pipe section shall be limited to 14 days from the last sampling.After this time the pipe must be retested to be acceptable for use. 5.3.10e.12 Drain the section of pipe prior to pipe bursting. The pipe shall be drained on the day of the pipe bursting,and sealed after draining and for the pipe bursting process. 5.3.10e.13 Swabs should be designated bythe manufacturer as suitable for potable water system use. Swabs are to be manufactured by Knapp Industries or be of equivalent design. 5.3.11 Chlorination Solutions 5.3.11a Acceptable forms of chlorine include Calcium Hypochlorite conforming to ANSI/AWWA B300 and NSF certified, preferably in five (5)gram tablets, alternately in granular form. Material must be stored per manufacturer's recommendations. 5.3.1 lb Unacceptable forms of chlorine include Calcium Hypochlorite intended for swimming pool use. 5.3.11c Calcium Hypochlorite tablets shall be placed behind the swab in quantity based on pipe size and length per ANSI/AWWA C651-99 AWWA Standard for Disinfecting Water Mains. 5.3.11d Calcium Hypochlorite in granular form shall be placed behind the swab in quantity based on pipe size and length per ANSI/AWWA C651-99 AWWA Standard for Disinfecting Water Mains. 5.3.1 le Solutions acceptable for pipe chlorination shall be acceptable for disinfection of equipment,tools,and caps,pipe fitting or product that may contact pipe. 5.3.11.f. Dilute Chlorinated solutions over 7 days old shall be disposed of properly and not used as a disinfection agent. 5.3.12 Hydrostatic Pressure Testing 5.3.12a Maximum allowable test pressure as referenced by PPI TR-31 shall be 1.5 times the pipe rated operating pressure (min. test pressure 125 psi) at the lowest point in the section under test or that of the lowest rated pressure component such as flanges,valves,fittings, etc. 5.3.12b Air trapped in the product pipe must be purged before test. 5.3.12c At the discretion of the City,the test method used may be either a Monitored Make-up Water Test or a Non-monitored Make-up Water Test. Either test shall be performed above ground without fittings prior to pipe bursting. If damage to the product pipe occurs during bursting that requires a fused joint repair, the City may require re-test, with or without fittings after bursting. 5.3.12d Monitored Make-up Water Test shall be comprised of two stages. 5.3.12d.1 Initial expansion and stabilization stage. The initial test pressure is applied and the system is allowed to stand without make-up water Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 236 SECTION 5—PRE-CHLORINATED PIPE BURSTING 06 0 during a 2 to 3 hour period. During this time the pipe is allowed to expand and stabilize. 5.3.12d.2 Test stage,after the stabilization is complete,the system is pumped back to test pressure and allowed to sit for 2 additional hours.Water is then added until the test pressure is attained. Water added shall not exceed that of Table 7.1 5.3.12e Non-monitored Make-up Water Test shall be comprised of two stages. 5.3.12e.1 Initial expansion and stabilization state.The initial test pressure is applied and the system is allowed to stand without make-up water during a 2 to 3 hour period. During this time the pipe is allowed to expand and stabilize. 5.3.12e.2 Test stage.After the stabilization is complete,the system is pumped back to test pressure and then reduced by 10 PSI.The pressure shall remain steady,not falling more than 5%from reduced pressure during a one hour test period. 5.3.12e.3 Total time allotted for test shall not exceed 8 hours. If successful test cannot be completed in this period, then the test section must be depressurized and allowed to relax fora minimum of 8 hours before retest. 5.3.12f Re-test after repair. Should the City require test after repair, refer to Equation7.2.1 for Leakage Allowance due to fittings for the Monitored Make-up Water Test. 5.3.12g Manifest shall be filled out with all pressure test results. 5.4 PIPE BURSTING OPERATION The pipe bursting operation described within provides guidance on the basic process. It is to be understood that the need to make exceptions or additions to this process are common.These changes are made to accommodate non-standard conditions. The contractor experience requirements make it reasonable to put the responsibility of devising these exceptions upon the contractor. 5.4.1 Pit Location and Excavation 5.4.1a Burst pit and insertion pit locations shall be placed such that excavations are minimized.This may be accomplished by placing either or both of these it's at the point of a service connection. 5.4.1b Burst length shall be 400'(+/-)50'in length for first 2 bursts unless agreed otherwise.After soil pipe friction is evaluated longer burst runs may be performed. 5.4.1c All pits shall be shored to ensure worker safety per OSHA or other local regulations. 5.4.1d All pits shall be roped off and or covered when not active per OSHA or local regulations to ensure public safety. 5.4.1e Traffic control shall be accommodated for by Contractor as per the Contract specifications. Safe traffic passage around pit excavations that are located in or adjacent to streets or highways shall meet requirements of City Right-of-way Department. Parking of related employee vehicles,trucks and auxiliary and equipment shall be such that congestion and traffic delays are minimized. 5.4.1f Utilities intersecting the hose pipe shall be exposed using an excavation technique appropriate for the utility.This Utility Crossing Pit shall exist prior to commencement of bursting. Man entry shoring is not required however appropriate safety precautions should be made. 5.4.2 Bursting Machine Location and Shoring Bursting machines of the static pull style require preparation and planning for the bursting pit that they are to operate from. 5.4.2a Burst pit shall be shored in accordance to 3.1 (c). Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 237 SECTION 5—PRE-CHLORINATED PIPE BURSTING Page 1:799 of i 06 0 5.4.2b Forward face of the Burst Pit,or the surface that the machine bears against while pulling back,shall be shored in workmanlike manner. This shoring shall maintain perpendicular burst machine alignment to the pipe during pullback.Any loss of perpendicular alignment during pull shall result in stopping of the bursting process and improvement of the forward face shoring. 5.4.2c Rearward shoring shall be provided to reach rod thrust forces during payout.While these forces are substantially lower than pullback forces, shoring must be used to stabilize the bursting machine so as to maintain perpendicular alignment of the machine during payout. The weight of the machine cannot be depended on to react thrust forces. Hose pipe at rear face of pit may only be utilized for rearward shoring if scheduled for replacement. 5.4.2d Pipe face for Cast Iron, Ductile Iron or PVC shall be cut off using a saw or similar device to produce a square face for the bursting machine forward face to bear against. Final separation of cast iron pipe with a wedge may provide a clean face. Host Pipe shall be removed in sufficient length to accommodate burst machine. 5.4.2e Burst machine must be positioned so as to have rod centerline at approximate centerline of host pipe. 5.4.2f Rod Box delivery and removal between temporary rod storage location and Burst Pit must be accommodated for with appropriate lifting equipment and techniques.Additionally, movement and or placement of lifting machine must be included in Traffic Control plans. 5.4.3 Rod Payout Operation 5.4.3a Rod payout is the process of assembling a string of rods and pushing them in a step wise manner from Burst Pit,through the interior of the hose pipe to Insertion Pit. 5.4.3b Lifting of rod boxes into or out of the Burst Pit shall be performed per OSHA or other applicable requirements with respect to equipment and method. 5.4.3c Threads shall be cleaned of foreign matter before assembly. 5.4.3d Counting of Rods during payout,or quantityof rods per box shall be monitored such that the operator is aware of the distance between the burst machine and the lead end of the rod string. 5.4.3e Thrust force should be monitored by the operator. Should an unexpected sudden and significant increase in thrust force be experienced,the process shall be halted.The operator or contractor shall review the results of 3.3 (e.1)with the City to remedy per 3.3 (e.2) in an attempt to determine if offsets,valves or other features or obstruction exist that may cause the rod string to leave the pipe. 5.4.3e.1 Front end of the rod string should be located by distance from the Burst Pit. Location should be painted and compared to as built plans. 5.4.3e.2 Appropriate action should be taken to remedy the cause. This action may include an additional pit at the obstruction to determine the cause,and remove or accommodate for the obstruction.The decision maybe to continue thrusting if the obstruction is believed to be encrustation. 5.4.3e.3 Host pipe in the Insertion Pit shall be cut or broken prior to arrival of the rod string. Sufficient length shall be removed so as to allow the Burst Tooling to enter the host pipe and bend the product within the allowable radius specified bythe pipe manufacturer.The second end of the host pipe in the Insertion Pit shall be positioned or worked so as not to damage the product pipe as it travels through the Insertion Pit. 5.4.3e.4 Workmen shall not enter the Insertion Pit when the rod string is nearing the Pit.A workman shall be in visual or radio contact with the burst machine operator so as to have the payout halted in a position that allows attachment of the Burst tooling. Burst tooling style shall be chosen based on anticipated properties of host pipe and host pipe repairs. 5.4.3e.4.1 Cast Iron or Asbestos Concrete host pipe anticipated to be free of either Ductile Iron repair sections or Dressor Style Couplings may use a simple conical burst head with a single or double longitudinal blade. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 238 SECTION 5—PRE-CHLORINATED PIPE BURSTING 06 0 5.4.3e.4.2 Ductile Iron, PVC or hose pipe with Ductile Iron repair sections or Dressor Style Couplings require use of a rolling blade cutter (slitter) ahead of the conical expander. 5.4.4 Tooling and Attachment 5.4.4a The Product Pipe shall be moved into position for attachment to the rod string. Appropriate traffic or pedestrian control will be exercised along the path of the Product Pipe. 5.4.4a The lead and second rod shall be painted orange or yellow so as to give notice to the burst machine operator position of the Burst Tooling. 5.4.4c Attachment of the Burst Tooling to the rod shall be through the use of removable pin joint allowing the tooling to pivot at least 46 degrees to the rod axis. 5.4.4d Burst head diameter must be a minimum of 15% over size to the outside diameter of the Product Pipe. Actual size is left to the discretion of the contractor. A greater outside diameter allows for reduced pipe friction and increases bursting forces pushed and increases solid pipe placement. 5.4.4e Attachment of the Product pipe to the Burst Tooling shall be with a swivel that permits rotation to relieve torsional(twist)stress on the Product pipe. 5.4.4f Burst Head shall slide on the rod string such that the rear of the burst head overlaps the forward end of the Product Pipe to eliminate the chance of damage to the Product Pipe. 5.4.5 Pullback Operation 5.4.5a Prior to commencement of pullback, there will be visual or radio contact between observers stationed adjacent to the Insertion Pit, the Burst Machine operator and a watch for product pipe entanglement with above ground obstructions. 5.4.5b The Burst Machine operator will begin the pullback with the OK of the Insertion Pit Observer. Progress will be made at a slow rate until the Observer sees the Burst Tooling has completely entered the Host Pipe. 5.4.5c Pipe progress will be monitored for the first 20 feet of pullback by the Insertion Pit Observer and the Product Pipe Observer. 5.4.5d As the Burst Tooling nears any Utility Crossing Pit, an observer in radio or visual contact with the Burst Machine Operator will monitor and control movement of the Burst Tooling past the utility. 5.4.5e Should the forward shoring upon which the bursting machine bears yield sufficiently to bring the Bursting Machine out of square to the host pipe,the shoring will be reworked according to 5.4.3. 5.4.6 Tooling Removal 5.4.6a Burst Machine Operator shall note rod count and anticipate entryof painted rods into the Burst Pit.As the Pin Joint Connection nears the Burst Machine forward face,the burst is to be halted. Load on the forward face is relieved by reversing the rod direction slightly. 5.4.6b The Burst Machine Shore Plate is to be removed, allowing the tooling to enter a cage or the hull of the Burst Machine. The tooling string will be disassembled and removed, in sections if necessary until the Product Pipe face has been pulled beyond the face of the Burst Pit. The distance past the face of the Burst Pit shall be at the discretion of the contractor anticipating the length required for connection/fusing. 5.5 AFTER PIPE BURSTING Upon completion of the pipe bursting, certain tasks must be followed through in order to complete the overall process. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 239 SECTION 5—PRE-CHLORINATED PIPE BURSTING Page 1:795 of 1 06 0 5.5.1 Pit Condition Prior to Taps or Joining System 5.5.1a Maintaining sanitary conditions within the product pipe after pipe bursting must take high priority. Should any foreign matter, including ground water be allowed to enter the pipe interior, the condition of the pipe is no longer suitable for connection to the system. For this reason connections may not be made in standing water. Such water must be pumped or bailed prior to making the connection or unsealing the pipe.Areas under connections should be excavated below the pipe invert. 5.5.lb Before joining a surface and before anyspecial surface preparation to accommodate that joining, external surfaces should be clean and dry. Dust may be removed by wiping with clean, lint free cloth. Heavier deposits must be washed from the surface with soap and water and dried with a clean, lint free cloth. 5.5.1c Incidental exposure of the interior of the pipe to anyforeign matter shall require that one of the two following remedies be carried out: 5.5.1c.1 Complete chlorination per AWWA specifications for buried pipe. 5.5.1c.2. Localized contamination at the end of the pipe maybe removed and the contaminated interior surface of the pipe wiped with a solution of one (1)to 5% hypochlorite disinfecting solution. 5.5.2 Service Taps and Service Lines 5.5.2a All existing service lines shall be replaced with new 1.5 inch diameter HDPE service tubing and must meet AWWA C901-8. 5.5.2b All existing service taps shall be replaced with new service taps and shall be mechanical saddles conforming with AWWA C800-12. Construction of taps shall be per the manufacturer's recommendation. 5.5.2c Three (3) inch diameter PVC sleeves, Schedule 40, shall be installed for all long-side new services,extending 2 feet beyond the edge of pavement.Sleeves shall be Installed via missile boring and at a depth of 36" below land surface. The new service tubing shall be installed inside of the sleeves. New service tubing shall be jetted under sidewalks wherever possible to avoid cutting sidewalks. 5.5.3 Post Chlorination The section of main will be super-chlorinated to 300 ppm by inserting a swab at one end.The swab shall travel the entire length of the pipe section. 5.5.4 Service Reinstatement Prior to connection of the newly installed pipe,the section of pipe shall be fully flushed with the use of a de-chlorination unit and ascorbic acid to neutralize the residual chlorine. Following flushing, the newly installed section maybe connected to the main at both ends and service reinstated. 5.5.5 Backfill and Surface Reinstatement 5.5.5a Backfill used to restore pits shall be in accordance with the attached City of Boynton Beach Specifications Section 02324-Backfill. 5.5.5b Lawn restoration shall be in accordance with the attached City of Boynton Beach Specifications Section 02925-Sodding. 5.5.5c Asphalt, concrete or other roadway surface restoration shall be in accordance with attached City of Boynton Beach Specifications Sections: 02740 — Subgrade, Base Course and Asphalt, 02960 —Restoration of Surface Improvements,and 03300 Cast-In-Place Concrete. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 240 SECTION 5—PRE-CHLORINATED PIPE BURSTING 06 0 5.5.6 Documentation Finalization Within(15)days of completion of the job,all records including manifests,marked up construction plans or documents pertinent to describing the system as installed shall be provided to the City. 5.5.7 Specifications Boynton Beach Utilities' Construction Standards and Specifications are to be used at all times unless otherwise stated. 6.0 DEFINITIONS A Authority: City and its Utility Engineering representatives AWWA:American Water Works Association,see www.awwa.org ASTM:American Society for Testing and Materials, see www.astm.org B Burst Head: Conical shaped portion of burst tooling used to expand fractured pipe and surrounding soil to accommodate product pipe. Burst Pit: Excavation where Static Pull Pipe Bursting Machine is located.The product pipe is pulled toward this pit. Burst Tooling:Tooling designed to crack the host pipe,expand the remains of the host pipe and surrounding soil so as to allow passage of the product pipe. C Chlorination Submission Documents: Written log attached to section of pipe detailing processes related to Pre-Chlorination and Hydrostatic Testing. D Dressor Coupling: Commonly used repair coupling, see www.dressercouplings.com Ductile Iron Pipe: Centrifugally cast pipe with superior tensile and yield strength, high ductility (malleability) and impact resistant properties. E Electrofusion:Joint or saddle that connects two sections of HDPE pipe. These joints contain internal heating elements to facilitate a heat fused joint. H HDPE: High Density Poly-Ethylene, plastic material from which product pipe is manufactured. Host Pipe: Existing pipe buried in the ground that will be rehabilitated by bursting (cracking) and pulling in a new replacement pipe(product pipe). I Insertion Pit:Excavation where product pipe enters the host pipe and bursting begins. Product pipe is pulled through the insertion pit towards the burst pit. Nominal depth of insertion it is 2.5 to 3.0 times depth of host pipe. M Manifest: Written log attached to section of pipe detailing processes related to Pre- Chlorination and Hydrostatic Testing. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 241 SECTION 5—PRE-CHLORINATED PIPE BURSTING Page 1:79:7 of 06 0 P Product Pipe: Newly installed pressure pipe made from HDPE PPI: Plastic Pipe Institute, see www.plaestiepipe.org R Rod String:Assembled string of rods that extend from Burst pit to insertion pit and serve to transmit tensile pullback forces to burst tooling. U Utility Crossing Pit:An excavation created at any point where another buried utility crosses the burst path. 7.0 TABLES AND EQUATIONS 7.1.1 Makeup Water Allowance Table Nominal Pipe Size 2 4 6 8 10 12 14 16 18 20 22 24 30 In Inches Makeup Water Allowance .1 .2 .6 1.0 1.3 2.3 2.8 3.3 4.3 5.5 7.0 8.9 12 (Gallon/100 ft) 7.2.1 Allowance for Leakage Due to Fittings Equation L=[ND(PA.50)]/[7,400] Where: L= Maximum allowable leakage, Gallons/Hour N= Number of joints in the tested pipe(connections for pipes or fitting, not fuse joints) D= Nominal inside diameter of pipe, Inches P= Test Pressure, PSI END OF SECTION Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 242 SECTION 5—PRE-CHLORINATED PIPE BURSTING 06 BID NO. 079-2821-21 BID FORM TO BE COMPLETED F The City of Boynton Beach is seeking the services of a maximum of two (2) qualified Contractors to demonstrate specific experience in pre-chlorinated pipe bursting of Utility System Water Mains. The work under this project consists of but not limited to: The Scope of Work for Pre-Chlorinated Pipe Busting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials and equipment necessary to complete the City's project(s) known as PRE-CHLORINATED PIPE BURSTING OF POTABLE WATERMAINS. Submitted By: Date: (BIDDER) To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5)years, in the State of Florida, and must be able to document the required experience upon request. 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with the CITY to perform and furnish all WORK as specified herein for the scopes of work that will be identified by the City on an"AS Needed Basis".The BIDDER agrees, if this Bid is accepted,to prepare a price proposal for each identified project based on the approved line item pricing submitted in the Schedule of Bid Items. 2. This Bid will remain subject to acceptance for ninety(90)days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10)days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including addenda. Receipt of all of which is hereby acknowledged; b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 243 Page 1:799 of 06 C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the lump sum listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 5. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 6. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax I D# Federal Employment ID # Submitted on this day of 120 a. (If an individual, partnership, or non-incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of THIS PAGE TO BE ENTERED ONLINE WITHIN BIDS&TENDERS THE CITY'S e-PROCUREMENT WEBSITE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 244 Page 188 ol 1 06 AA PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID NO. 079-2821-21 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA TO BE ENTEREDINTO ! ING SITE NLIN ITEM NO DESCRIPTION UNIT UNIT COST VALUE SECTION 1 GENERAL CONDITIONS Mobilization/Demobilization Per Project LS $ $ Maintenance of Traffic(MOT)Plan Per Project, LS $ $ GC-1 City Right-of-Way Maintenance of Traffic(MOT)Plan Per Project, LS $ $ Palm Beach County FDOT Roadway Pre and Post Construction Video LS $ $ Permit Applicable Permit Allowance(actual cost EA $ $ reimbursement by the City) NPDES NPDES(if applicable)May Not Exceed 1.5%of the EA $ $ Project Cost Drawings Record Drawings(if applicable) EA $ $ Survey Construction Survey(if applicable,actual cost LS $ $ reimbursement by the City) 1-1 Indemnification/Individual Projects LS $25.00 $25.00 R-1 SURFACE RESTORATION R-1A Sod SF $ $ R-1 B 6"Concrete SF $ $ R-1 C 3"Asphalt SF $ $ R-1 D Curb LS $ $ PIPE BURSTING FURNISH AND INSTALL SECTION 2 PIPE BURSTING—FURNISH AND INSTALL—PER LINEAR FOOT 2.1 6-Inch HDPE DR11 by Pre-Chlorinated Pipe LF $ $ Bursting 2.2 8-Inch HDPE DR11 by Pre-Chlorinated pipe LF $ $ bursting THIS PAGE TO BE ENTERED ONLINE WITHIN BIDS&TENDERS THE CITY'S e-PROCUREMENT WEBSITE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 245 Page 1881 ol 1 06 ITEM NO DESCRIPTION UNIT UNIT COST VALUE 2.3 10-Inch HDPE DR11 by Pre-Chlorinated pipe LF $ $ bursting 2.4 12-Inch HDPE DR11 by Pre-Chlorinated pipe LF $ $ bursting SECTION 3 VALVE AND FITTINGS—FURNISH AND INSTALL 3.1 4-Inch Gate Valve EA $ $ 3.2 6-Inch Gate Valve EA $ $ 3.3 8-Inch Gate Valve EA $ $ 3.4 10-Inch Gate Valve EA $ $ 3.5 12-Inch Gate Valve EA $ $ FIRE HYDRANTS WILL BE FURNISHED BY CITY 3.6 Install Fire Hydrant on 6-Inch water main EA $ $ 3.7 Install Fire Hydrant on 8-Inch water main EA $ $ 3.8 Tee 6x6x6 EA $ $ 3.9 Tee 8x8x6 EA $ $ 3.10 Tee 8x8x8 EA $ $ 3.11 Tee 10x10x6 EA $ $ 3.12 Tee 10x10x8 EA $ $ 3.13 Tee 10x10x10 EA $ $ 3.14 Tee 12x12x6 EA $ $ 3.15 Tee 12x12x8 EA $ $ 3.16 Tee 12x12x10 EA $ $ 3.17 Tee 12x12x12 EA $ $ SECTION 4 CUSTOMER CONNECTIONS—FURNISH AND INSTALL—SINGLE OR DOUBLE SERVICES 4.1 SINGLE OR DOUBLE SERVICE 4.1.1 Up to 1-Inch Short Side Water Service Connection EA $ $ 4.1.2 6-Inch Water Main EA $ $ 4.1.3 8-Inch Water Main EA $ $ 4.1.4 10-Inch Water Main EA $ $ 4.1.5 12-Inch Water Main EA $ $ 4.2 SINGLE OR DOUBLE SERVICE 4.2.1 Up to 2-Inch Short Side Water Service Connection EA $ $ 4.2.2 6-Inch Water Main EA $ $ THIS PAGE TO BE ENTERED ONLINE WITHIN BIDS&TENDERS THE CITY'S e-PROCUREMENT WEBSITE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 246 Page 1882 of 1 06 ITEM NO DESCRIPTION UNIT UNIT COST VALUE 4.2.3 8-Inch Water Main EA $ $ 4.2.4 10-Inch Water Main EA $ $ 4.2.5 12-Inch Water Main EA $ $ 4.3 SINGLE OR DOUBLE SERVICE 4.3.1 Up to 1-Inch Long Side Water Service Connection EA $ $ 4.3.2 6-Inch Water Main EA $ $ 4.3.3 8-Inch Water Main EA $ $ 4.3.4 10-Inch Water Main EA $ $ 4.3.5 12-Inch Water Main EA $ $ 4.4 SINGLE OR DOUBLE SERVICE 4.4.1 Up to 2-Inch Long Side Water Service Connection EA $ $ (in casing) 4.4.2 6-Inch Water Main EA $ $ 4.4.3 8-Inch Water Main EA $ $ 4.4.4 10-Inch Water Main EA $ $ 4.4.5 12-Inch Water Main EA $ $ SECTION 5 LINE STOPS -FURNISH AND INSTALL 5.1 6-Inch Water Main EA $ $ 5.2 8-Inch Water Main EA $ $ 5.3 10-Inch Water Main EA $ $ 5.4 12-Inch Water Main EA $ $ *Award of Contract will be based on the Total Bid Price of each Scenario* THIS PAGE TO BE ENTERED ONLINE WITHIN BIDS&TENDERS THE CITY'S e-PROCUREMENT WEBSITE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 247 Page 1889 of i 06 0y PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID NO. 079-2821-21 COST ESTIMATE PROPOSALS PIPE BURSTING SCENARIOS TO BE ENTEREDINTO ! ING SITE NLIN PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO OUTLINED BELOW BY USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS(Pages 245-247). SEE SUPPLEMENTAL CONDITIONS, SCC—4. SCENARIO#1 Four-inch water main (Asbestos Cement Pipe) that runs a length of 450 linear ft. (from north to south) through the easement of a residential neighborhood at 3-feet deep. This water main loops the system; 25 residents are connected to it. The four-inch water main is wet tapped off of a 20-inch transmission water main that is in a FDOT roadway and ties into an eight-inch water main 300 linear feet away on to a city roadway. Both four-inch valves are not leaking and are in good condition. Restore asphalt 200 sq. ft. of FDOT approved asphalt and any sod that needed to be removed. The utility wants the water main to be increased to a six-inch water main. SCENARIO#2 Twelve-inch (Cast Iron Pipe)water main that runs 550 linear ft. in utility right-of-way at 6-feet deep. At the distance of 250 linear feet, the 12-inch water main reduces to an 10-inch water main (cast iron). Where the water main reduces from a 12-inch to an 10-inch water main, there is a 12-inch x 10-inch reducer and an 10-inch gate valve. One (1) fire hydrant with (1) individual valve, are connected to the water main. There are resident service lines that are fed by this water main, 10 long-side service lines and 10 short-side service lines for a total of 20 resident service lines. Restore sod to various areas. The utility wants the water main to keep its size ration of 12-inch reducing down to 10-inch if possible. SCENARIO#3 Six-inch water main (Asbestos Cement) that runs in utility right- of-way at a depth of four-feet and a total length of 1000 linear feet. Presently, there are not enough fire hydrants on the street in order to meet fire suppression needs. Utility is asking that four (4), eight-inch x six-inch tees be installed along the line; position of tees will be specified by the utility, and four(4)6-inch valves to coincide with each tee for future installation of four(4)fire hydrants. Fire hydrants will be installed by the utility at a later date. There are 20 short-side services and 10 long-side services for a total of 30 resident service lines. The utility wants to upsize the water main from a 6-inch to an 8-inch water main. THIS PAGE TO BE ENTERED ONLINE WITHIN BIDS&TENDERS THE CITY'S e-PROCUREMENT WEBSITE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 248 Page 1884 of 06 BIDDER'S QUALIFICATION STATEMENT TO BE COMPLETED AN UPLOAD NLIN The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: 1. BIDDER'S True, exact, correct and complete Name, Principal Address, Phone, Email Address: 2. How many years has your organization been in business under its present business name? 3. Under what other former names has your organization operated? 4. Names and titles of all officers, partners or individuals doing business under trade name: 5. The business is a: Sole Proprietorship a Partnership a Corporation u 6. Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: 7. What is the last project of this nature that you have completed? 8. Have you ever failed to complete work awarded to you. If so, when, where and why? 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 249 06 10. Indicate registration, License Numbers or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. 11. Will you sublet any part of this WORK? If so, give details. 12. State the name and address of Attorney, if any, for the business. 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%)of the Bidder's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses and the type of business of all firms that are partially or wholly owned by bidder: 15. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5)years? If yes, please explain below: 16. What will be your turnaround time for written responses to the City's inquires?. 17. Is the financial statement submitted with your bid (if applicable)for the identical organization name for Question #1? YES Li NO Li 18. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 19. List and describe all bankruptcy petitions (voluntary or involuntary)which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 20. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 250 06 case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 22. Bank References (include name,job title, address and telephone number of contact person)— Minimum 1 23. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work a +b): Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 25. Provide description of quality assurance/quality control management methods. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 251 JOR_ The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. (Signed) (Title) Subscribed and sworn to before me This day of 12021 Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 252 J,OR_ ANTI-KICKBACK AFFIDAVIT TO BE COMPLETED AN UPLOADED NLIN STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME -SIGNATURE Sworn and subscribed before me this day of 2020 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 253 Page 1889 v5f 1 J-06 NON-COLLUSION AFFIDAVIT OF PROPOSER TO BE COMPLETED AN UPLOADED NLIN State of ) County of ) being first duly sworn, deposes and says that: 1) He is of , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded,conspired, connived or agreed,directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 254 Page 18118 k5f 1 J-06 i p 4 CERTIFICATION PURSUANT TO FLORIDA STATUTE§287.135 TO BE COMPLETED AN UPLOADED NLIN I, on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute §287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 255 Page 181 06 As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE DATE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 256 Page 18112 of 1 J-06 i p 4 WARRANTIES TO BE COMPLETED AN UPLOADED NLIN In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid,which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 257 06 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this_day of ' 2021. (SEAL) CONTRACTOR: By ATTEST: Secretary THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 258 Page 11814 of i 06 i p 4 TRENCH SAFETY ACT AFFIDAVIT TO BE ENTEREDINTO ! ING SITE NLIN 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 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 259 Page 11815 OF 1 E 06 CITY OF BOYNTON BEACH E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE COMPLETED AN UPLOADED NLIN Project Name: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS Solicitation No.: 079-2821-21 1. Definitions: "Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor"means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system"means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 260 Page 1816 of 1 06 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s.448.095(2)Fla. Stat.,shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a)or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of by_ on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING 261 Page 181-17dr 06 y M DRAFT SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and , a corporation partnership sole proprietor authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of 2021, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. The Scope of Work for Pre-Chlorinated Pipe Bursting shall include, but is not limited to: 1) Pipe bursting at various Utility locations, 2) Connection to existing water services, 3) Maintenance of Traffic, 4) Site restoration, pavement repairs, resurfacing and striping; and, all labor, materials, and equipment necessary to complete the City's project(s). The work shall include furnishing all labor, materials, equipment, incidentals and appurtenances to complete the scope of work in the manner and form provided in the Contract Documents entitled: PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS, Invitation to Bid #079-2821-21. Scopes of work will be performed on an "As Needed" basis at specific locations identified by the City at time of need. Article 2. TIME FOR PERFORMANCE. 2.1 Work under this Agreement shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this Agreement. Article 3. TERM. 3.1 This initial Agreement period shall be for an initial term of two (2) years, commencing on May 17, 2021 — May 16, 2022. The City reserves the right to renew the agreement with the same terms and conditions for three (3) one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the City's request,the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s) shall not exceed a six-month period. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-1 Revised 4/13/2021 Page 1818 of 1 06 Article 4. PAYMENT PROCEDURES. The Contractor shall be paid by the City for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by Contractor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Contractor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. b. The Contractor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the 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. Article 5. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one(1)year after completion of the WORK covered by this Contract. The CONTRACTOR,free of all costs to the CITY,shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 6. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special/Supplemental Conditions 7.8 Technical Specifications 7.9 City Construction Standards and Details (available online at: www.boynton- Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-2 Revised 4/13/2021 Page 1819 of 1 06 beach.org/water-utilities/new-construction) 7.9 Drawings entitled: Cover, 7.10 Addendum No. 1 Dated Article 8. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations,or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. Article 9. 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. Article 10. 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 Article 11. 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. Article 12. 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. Article 13. 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 Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-3 Revised 4/13/2021 Page 1828 of 1 06 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. Article 14. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Article 15. TERMINATION. 15.1 The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. 15.2 In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project,the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. Article 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. Article 17. NOTICES: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach City of Boynton Beach Utilities Department Finance Department Attn: Attn: Director of Finance 124 E. Woolbright Road 100 E. Ocean Avenue Boynton Beach, FL 33435 Boynton Beach, FL 33435 Tel (561) Tel (561) 742-6310 Fax(561)742-6316 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR ADDRESS CITY/STATE/ZIP Attn: Tel: Fax: Article 18. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-4 Revised 4/13/2021 Page 1821 of 1 06 intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 19. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 20. FLORIDA'S PUBLIC RECORDS LAW. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 20.1 Keep and maintain public records required by the CITY to perform the service; 20.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 20.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 20.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 20.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6061 GIBSONC@BBFL.US Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-5 Revised 4/13/2021 Page 1822 of i 06 Article 21. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 22. E-VERIFY 22.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary,wages,or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes,effective January 1,2021, Contractors,shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-6 Revised 4/13/2021 06 subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 23. MISCELLANEOUS. 23.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 23.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-7 Revised 4/13/2021 Page 1824 %5F 1 J-06 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: Jim Cherof Office of the City Attorney Attested/Authenticated: Crystal Gibson City Clerk Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING C-8 Revised 4/13/2021 Page 1825 of i 06 y M PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PFB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 1826 of i 06 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1)year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work,furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PFB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 182:7 of 06 Signed and sealed this day of 12021. Principal (Seal) Witness Title Surety Witness Attorney-in-Fact END OF PERFORMANCE BOND Bid No.079-2821-21-PRE-CHLORINATED PIPE BURSTING PFB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD A -6 41 06 y M PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 2021, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90)days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project,or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Principal (Seal) Witness Surety Witness Attorney-in-Fact END OF PAYMENT BOND Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 06 y M CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 12021. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Bid No.079-2821-21—PRE-CHLORINATED PIPE BURSTING WT-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT Page 1 89i of i 06 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Prod ucts-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective (OCP) Personal &Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees&Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- P rope rty Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY Page 1892 OF 06 CITY OF BOYNTON BEACH CONSTRUCTION STANDARDS AND DETAILS APPENDIX - "A" PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS Bid #079-2821-21 W d • TYPICAL WATER SERVICE INSTALLATION • TYPICAL RESIDENTIAL WATER SERVICE • POTABLE WATER SERVICE SINGLE 5/8"X3/4" THRU 1" METER INSTALLATION DETAIL • 1 '/2" & 2" COMMERCIAL & MULTI FAMILY BALL VALVE & BOX ILLUSTRATION Page 1833 of 1906 METER BOX BY ALL METERS & SERVICES SHALL DEVELOPER & BE INA 1JTILITY EASEMENT METER BY DEPT.. i 01111 AY V O 0 Q } Z Q (a SEE NOTE 13 3 a ? F 14" RAD 1" CURB STOP (MIN.) (MIN.) Lc.'Dj WITH LOCKING WINGS La Lu POLYETHELYNE 3 3 (PREFERRED) OR 11144 COPPER SEAL BOTH ENDS OF SEE NOTE NO. 9 CASING WITH FOAM RUBBER 1" BSS BALL CORP STOP SHORT AND TUBING (MINIMUM SIZE) SERVICES DOUBLE STRAP TAPPING SADDLE B C 'res LONG (NO DIRECT TAPS PERMITTED) SERVICES A D - eq 1. CASINGS SHALL BE REQUIRED FOR ALL SERVICES CROSSING PAVED AREAS. 2. SUCCESSIVE TAPS INTO THE WATER MAIN SHALL BE SPACED A MINIMUM OF 18" OFFSET BETWEEN FITTINGS AND AT 45" FROM THE CENTERLINE MAIN'S WITH GREATER THAN 30" OF COVER. (SEE DETAIL "A" ABOVE) e1 3. METER BOXES SHALL BE SET TO CONFORM TO FINISH GRADE. NO METER BOX SHALL BE SET IN SIDEWALK OR PAVEMENT UNLESS APPROVED BY THE DEPARTMENT. �3 4. IF EITHER TERMINAL END IS LOCATED UNDER PAVEMENT, USE COPPER TUBING TYPE "K" WITH COMPRESSION FITTINGS. 0 S. POLYETHYLENE TUBING (ENDOT BLUE) SHALL BE SDR 9, COPPER TUBE SIZE. E 5. ROTATE THE BALL CORP. STOP SO THAT THE OPERATING NUT IS ACTUATED FROM THE VERTICAL POSITION RATHER THAN THE o HORIZONTAL. c 19 7. BOTH COPPER AND POLYETHYLENE TUBING SERVICE LINES SHALL BE CONTINOUS FROM BALL CORP. STOP TO CURB STOP WITH NO FITTINGS IN BETWEEN. w 8. TAPPING SADDLES AND BALL CORP. STOPS SHALL HAVE AWWA INLET THREADS. m 9. SCHEDULE 80 PVC CASING RECOMMENDED FOR ANY INSTALLATION UNDER PAVEMENT. 3" SCHEDULE 40 PVC MAY BE USED C FOR AN OPEN CUT INSTALLATION WITH THE APPROVAL OF THE DEPARTMENT, CASING SHOULD EXTEND THREE (3) FEET BEYOND EDGE OF PAVEMENT AND SIZED AS FOLLOWS: Ia A. 1" SERVICE USE 3" CASING B. 1-1/2- SERVICE USE 3" OR 4" CASING E C. 2" SERVICE USE 4" CASING p 10. SERVICE LINES SHALL NOT BE PLACED UNDER DRIVEWAYS. c ce 11. MAXIMUM SERVICE LENGTH IS 100° TO METER. = 12. INSTALLATIONS LARGER THAN 2" METER TO BE REVIEWED ON A CASE BY CASE BASIS. 13, 1" BRASS NIPPLE TO EXTEND UP TO NO LESS THAN 2" OUTSIDE THE METER BOX. BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO EFF.DATE SCALE 01/13 TYPICAL WATER SERVICE INSTALLATION PAGE NUMBER UTILITIES Q ENGINEERING DIVISION r-dyu 10 906 METER BOX BY DEVELOPER DOUBLE STRAP TAPPING 1" BRASS NIPPLE & METER BY DEPARTMENT SADDLE WITH AWWA Z THREADS (TYPICAL) e` REQUIRED (TYP.) SEE NOTE 5 1" SERVICE LINE E METER CURB STOP BALL CORP STOP i s PRIVATE PROPERTY 1 LIMIT OF DEPT. RESPONSIBILITY (PRIVATE SERVICE) ' ROW OR EASEMENT LINE i 1" LINE (TYPICAL) 2" TAP ONLY =KEE- ................................. r 2" SERVICE m —-— 7Y" BRANCHCOMPRES 3'-0" MIN. DOUBLE SENUMM 1" BRASS NIPPLE REQUIRED (TYP.) r BALL CORP STOP SEE NOTE 5SEE DETAIL W-25 3°-0" MEN, NOTE: TRIPLE SERVICE SIMILAR L6 s 2" TAP ONLY ID MULTI-PORT 'Y" 2 —_— BRASS CONNECTION to 3 2" SERVICE LINE r i ° -— BALL CORP STOP SEE DETAIL W-25 co c � 1" LINE (TYPICAL) MACOMB m u 1. AUTHORIZED SERVICE LINE MATERIAL: A. IF EITHER TERMINAL END IS LOCATED UNDER PAVEMENT, USE TYPE "K" COPPER TUBING WITH COMPRESSION FITTINGS. o B. POLYETHYLENE TUBING SDR B, COPPER TUBE SIZE, r us E 2. MULTIPLE SERVICE/METER INSTALLATIONS OF MORE THAN 4 METERS PER SERVICE AND SERVICE LINES LARGER THAN 2" IN P DIAMETER SHALL BE HANDLED ON AN INDIVIDUAL BASIS. e 3. NO FITTINGS BETWEEN BALL CORP. STOP AND METER CURB STOP ALLOWED WHEN USING POLYETHYLENE TUBING. 4. LOW RANGE EMS MARKER SHALL BE PLACED ABOVE THE SERVICE WYE & WIRED TO THE WYE. C 0 5. 1" BRASS NIPPLE TO EXTEND UP TO NO LESS THAN 2" OUTSIDE THE METER BOX. a r BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO I EFF.DATE TYPICAL RESIDENTIAL WATER SERVICE SCALE 01/13 ENUIUYBER UTILITIES �� ENGINEERING DIVISION 1 906' BY CONTRACTOR OR DEPARTMENT BY DEVELOPER (SEE NOTE 10 8e 11 DETAIL W-15A) I, R/W LINE FOR ROADS. BACK OF CURB/SIDEWALK OR EDGE OF DRIVEWAY FOR OTHERS. ' — LIMIT OF MINIMiJN #fi / UNOBSTRUCTED SPACE, MIN., SETBACK FOR POWER TRANSFORMER PAD p G1iAs's W! �i AREA L CORP. STOPLq CUSTOMER SERVICE LINE ' -FITTINRESSION I 12" rl O POLY/COPPER SERVICE ° 1-1 f 2" 18"MIN. t I ° wl,a PIPE (SEE NOTE #6 / `'`RPZ (SEE NOTE #1 mi� SHEET 15—A) DETAIL W-15A) wl Q � APPROVED METER BOX I A ? AND (LID NOT SHOWN) 4'-8" �I VARIES PLAN 1-1/2" TO 2" ABOVE o METER TO BE SET BY DEPARTMENT FINISHED GRADE INGRASSED AREA. C" IN PAVED AREA. e B 's o li FINISHED GRADE - - 1 BRASS NIPPLE REQUIRED TYP. (SEE NOTE 14 W-15A) � X et ® ¢ u - ---- A2 w > 1 _..1(M!N ID, CUSTOMER SERVICE LINE 1 1 \-OPTION 2 ALL BUSHINGS OR REDUCERS SHALL BE BRASS �—IN GRASS AREA SE -nON s SERVICES I CORP STOP '--OPTION 1 2 'J TL \ � CONTRACTOR ASSEMBLY CONSIST: STRAP SADDLE, BALL CORP.,. SERVICE "UNDER PAVEMENT SERVICES 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 I EFF,DATE POTABLE WATER SERVICE SINGLE 5/3" X 3/4" THRU 1 " SCALE 01/13 UTILITIES' METER INSTALLATION DETAIL PAGE NUMBER ENGINEERING DNISIpN W-15 Page 1836 of 1906 1. ALL NON-RESIDENTIAL SERVICES, SERVICES FOR ALL BUILDINGS OVER THREE STORIES, AND RESIDENTIAL 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 NCT 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, SERVICE LINES AND TAPS SHALL NOT BE PLACED UNDER DRIVES WHENEVER POSSIBLE. 6. COPPER SHALL BE "TYPE K" CONTINUOUS AND SUITABLE FOR UNDERGROUND SERVICE WITH COMPRESSION FITTINGS, IF EITHER TERMINAL END IS LOCATED UNDER PAVEMENT. 7. MAXIMUM SERVICE LENGTH IS 100' TO METER. 8. BEDDING OVER SERVICE LINE OR CASING SHALL CONSIST OF FINE GRANULAR MATERIAL. UNSUITABLE IN-SITU MATERIALS SUCH AS MUCK, DEBRIS AND LARGER ROCKS SHALL BE REMOVED, 9. METER SERVICE WILL NOT BE INSTALLED UNTIL: �2 A. FORM BOARDS FOR DRIVEWAY AND/OR SIDEWALK ARE IN PLACE OR 0 DRIVEWAY OR SIDEWALK IS IN PLACE OR FINISHED GRADE" STAKE IS SET ADJACENT TO PROPOSED METER BOX LOCATION. B „MINIMUM UNOBSTRUCTED SPACE" (AS SHOWN) IS PROVIDED, C. THE REQUIRED BACKFLOW PREVENTION DEVISE IS INSTALLED. f D. YOKE SHOULD BE CENTERED IN THE BOX. a 10. METER TO BE SET BY THE DEPARTMENT AFTER APPROVED INSPECTION. a 0 11. THE DEVELOPER/PROPERTY OWNER OR ASSIGNEE SHALL BE RESPONSIBLE FOR INSTALLATION OF SERVICES c BEYOND PRESSURE TEST LIMITS AS SPECIFIED BY THE DEPARTMENT. 72 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. N 13. LOW RANGE E.M.S, MARKER TO BE PLACED ADJACENT TO BALL VALVE AND 2" OPERATING NUT WITH VALVE BOXES. 14. 1" BRASS NIPPLE TO EXTEND UP TO NO LESS THAN 2" OUTSIDE THE METER BOX. f } 0 m d yr E 2 en rn a 0 ro c 0 a ra g f BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS NOT TO EFF.DATE POTABLE WATER SERVICE SINGLE 5/8" X 3/4" T IRU 1 SCALE 01/13 UTILITIES METER INSTALLATION DETAIL PAGE NUMBER ENGINEERING DIVISION ''' — [' Page 1837 of 1906 BRASS PLATE INDICATING 4" BINGHAM TAYLOR WATER SERVICE VALVE BOX FOR 2" & 142" WITH )/4 TURN FINAL ASPHALT ADJUSTABLE VALVE BOX (PROVIDE CONC. COLLAR IF REQUIRED). A f— 2" OR lY2" IRON PIPE SADDLE TAPPED @ 3:00 OR 9:00 6" PVC (C-900) PIPE NOTCHED WATER MAIN (MAY BE RED-[) FOR DEPTH) IRON PIPE x IRON PIPE BALL VALVE W/ SQUARE NUT KEY j, ADAPTER t2 lff' K-COPPER SERVICE LINE F, UNDER PAVEMENT OR AS APPROVED BY DEPT BRASS NIPPLE 6" OR 4" REQUIRED SUPPORT BRICKS 2" OR 1Y2" IRON PIPE < x COMP ADAPTER NOTE 1. 2" RESILIENT SEAT GATE VALVE IS ACCEPTABLE WITH STANDARD 5" VALVE BOX. 2. SUCCESSIVE TAPS INTO THE WATER VAIN SHALL BE SPACED A MINIMUM OF 18" OFFSET AND AT 90' FROM THE CENTERLINE AS SHOWN ON DETAIL "A", 3, COPPER TUBING SHALL BE TYPE "K" WITH COMPRESSION FITTINGS. 4. ALL BUSHINGS OR REDUCERS SHALL BE BRASS. 5- COPPER TUBING SERVICE LINES SHALL BE CONTINUOUS FROM BALL CORP TO METER STOP WITH NO FITTINGS IN BETWEEN. 6. TAPPING SADDLES TO HAVE IRON PIPE THREADS, 7. BALL VALVE AT THE MAIN TO HAVE FEMALE IRON PIPE THREADS ON BOTH SIDES. d. VALVE BOX SHALL BE 4 -1/4" CAST IRON SCREW TYPE ADJUSTABLE. ro 9. CONCRETE COLLAR VALVE BOX SUPPORT TO BE PLACED ON COMPACTED SOIL TO SUPPORT VALVE E30X SO THAT A MINIMUM o OF 4 INCHES EXISTS BETWEEN THE BOTTOM OF THE CONCRETE COLLAR AND THE TOP OF THE WATER VAIN. BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS & DETAILS .=NOTTo EFF. DATE SCALE C SCALE 01/13 lY2" & 2" COMMERCIAL & MULTI FAMILY UTILITIES BALL VALVE & BOX ILLUSTRATION PAGE NUMBER W-25 Page 1838 of 1906 079282121-Pre-Chlorinated Pipe Bursting of Potable Water Mains-Overview of Specifications and Schedule of Prices Murphy Pipeline Contractors LLC Killebrew Inc Foster Marine Contractors Submission I Submission I Submission I Schedule/Specification Total Total Total BID PROPOSAL-PRECHLORINATEDPIPE BURSTING OF POTABLE WATER MAINS $114,008.72 $135,670.45 $164,515.00 SCENARIO#1-PRECHLORINATEDPIPE BURSTING OF POTABLE WATER MAINS $73,922.00 $82,750.00 $143,377.00 SCENARIO#2-PRECHLORINATEDPIPE BURSTING OF POTABLE WATER MAINS $140,555.60 $193,551.00 $194,127.00 SCENARIO#3-PRE-CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS $134,629.00 $242,695.00 $261,027.00 Bid Form Yes Yes Yes Bidder's Qualificaion Statement Yes Yes Yes Certification Pursuant to Florida Statute§287.135 Yes Yes Yes Anti-Kickback Affidavit Yes Yes Yes E-Verify Form Pursuant to Florida Statute§448.095 Yes Yes Yes Non-Collusion Affidavit of Proposer Yes Yes Yes Confirmation of Minority Owned Business Yes-N/A Yes-N A Yes-N A Local Business Status Certification Yes-Not Local Yes-Not Local Yes-Not Local Trench Be.LF(1)$25.00-$25.00-Trench Slope LF TBD$1.00 TBD Slope;Trench Be.LF Trench Safety Act Affidavit Be. Trench Be.LF(1000)$12.00$12,000.00 Trench Be. TBD$5.00 TBD Trench Be. State of FL DBPR-Construction In d—y Licensing Board- State of FL DBPR-Construction Industry Licensing License#CGC1515807Exp 8/31/22,CUC1224160 Exp.8/31/22; Board-License#CGC1521085 Exp.8/31/22;FDOT C FC1428425 Exp 8/31/22;Board of Engineers License# Certifications;OSHA Certifications;Red Cross Submit current Florida Professional License,'mcluding evidence of possession of State of FL DBPR-Construction Indusrty PE50664 Exp 2/28/23 Certification;DEP Certification;Unitied Rental required licenses or business permits Licensing Board-Expires August 31,2022 Confined Space Certification Sub-contractors None Yes-(2)Nadic Testing;North Point Land Survey None Watra nties Yes Yes Yes W-9 Included Included Included Page 1839 of 1906 Page 1840 of 1906 079282121-Pre-Chlorinated Pipe Bursting of Potable Water Mains-Quote Form-BID PROPOSAL-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS Murphy Pipeline C---- Killebrew Faster Marine Contractors Submiasianl Submiasianl Submiasianl ESFIMATED ITEM NO DES-PTIONUQ AN- UNIT UNITCOST TOTAL UNIT COST TOTAL UNITCOST TOTAL GC-1 Mobi—ton/OemoW-tion Per P-j— 1 LUMP SUM :$15,.0.. $15,Ooo.9P $22,000.0000 $22,ODDOD $5,000 ODDD $5,ODP00 GC-1 Maintenance of—f,(MOT)Plan Per Pl.ila Gty Rightrof-Way 1 LUMP SUM : $5,oP00000 $5,Ooo.00 $5,5DD.ODDD $5,5oDOo .$1,Oop0000 $1,Ooo0p GC-1 Maintenance of—f,(MOT)Plan Per P,.j,a Palm Beach County FOOT Roadway 1 LUMP SUM : $5,0D00000 $5,000,oD $7,70D.ODDD $7,70DOD $1,50p00oo $1,50Poo GC-1 Pre and Port C...-son Video 1 LUMP SUM : $1,oDDooDD:. $1,Ooo,OD $5,500.0000 $5,5o00o $i000.oPDD $1ODD,Oo Permit Appl-bl,PermtAll..—,(—.1 tort re mbursement by the C,y) 1 EACHHUA) $Owoo $O,00 $O..DD $00. $Owoo $000 NPOES NPOES(if a pplica bl,)May Not Exceed 1.5% fth,P,.j,a Cort 1 EACHHUA) $ow. $oFoo $O.woo $OOo $O.woo $$ODD --gs Remrd D—,(,fI—bl,) 1 EACHHUA) $Owoo $O,OD $O.woo $OOD $owoo $DOR Survey C.,—,-,S—y(if applcabie-1 tort re mbursement by the C,y) 1 LUMP SUM(TBA) $Ow. $O.00 $O.woo $OOD $O0000 $OOo 1-1 Indemnifcaton/1ndi dual P,.j,a, 1 LUMP SUM(25-) $25wOo $25,OD $O.woo $OOD $25woo $2500 R-1A Sod 1 SQUAREFOOT $072. $0.72 $0.95DD $095 $20000 $2Do R-18 A"Concrete 1 SQUAREFOOT $1250DD $12.5D $9.So.o $95o $awoo $Boo R-ic 3"Asphalt 1 SQUAREFOOT $6,S000 $6SD $...Do $100D $30.DO 43000 R-10 Curb 1 LUMP SUM $40 woo: $40.OD $55.00oo $55 0o $lop 0000 $lop o0 2.1 6 Inch HOPE DR11 by Pre-Chlor oared Pipe 8--g 1 LINEAR FOOT $...Do $moo $.—Do $a3 0o $135wDD : $135_90 2.2 8-Inch HOPE DR11 by Pre-Chlorinated pipe burning 1 LINEAR FOOT $80woo $80.00 $-00oo $9JOo $155.op $155_0D 2.3 10-Inch HOPE DR11 by Pre Chlorinated pipe bursting 1 LINEAR FOOT $98.. $98.Oo $112.D000 $1120o $180.woo : $1800o 2.4 12-Inch HOPE DR11 by Pre Chlorinated pipe bursting 1 LINEAR FOOT $126woo $126.OD $.6..00 $14600 $2 o woo $2oo.00 3.1 4-Inch Gate Vale 1 EACH $1,067.. $1,067.0o $1,595.0000 $1,59500 $2,30D.DDD $2,300 OD 3,2 6-InchGa—la 1 EACH $1,176ODQD $1,176:00 $l,als.0000 $l,als oo '$2,70D0000 $7,70000 33 8-1chGa—la 1 EACH $1,48D000D<. $1,480.00 $2,659.0000 $2,6590o 4$3,000..o $3,owoo 3.4 HP Inch Gate Vale 1 EACH $1,m30000 $1,84340 $3,1-0000 $3,54200 '.54,lOp,Oppp $4,1000o 3.5 12-Inch Gate Vale 1 EACH $2,793.. $2,793.00 $3,90o.O000 $3,90000 .$5,0DP.000 $S,ODOOD 3.6 —d Fire Hyd—ton 6-Inch Water Main 1 EACH $3,Ooo ODDQ $3,Ooo.OD $5,...Ooo0 $5,06000 `.$4,—.poo :: $420000 3.7 —d Fire Hyd—ton 8-Inch Water Main 1 EACH $3,100 ODDD $3,10D,0D $5,25D.ODDD $5,25o0o $4,50o ODOD $4,50004 3.8 Tee 6.6.6 1 EACH $7350000 $735.OD $610..00 $61000 $2,.o OoDD $2,.D.o 3,9 Taa 8.8.6 1 EACH $82swoo $825.0o $740..00 $74000 !$2,500.oOD : $2,50004 3.10 Taa 8.8.8 1 EACH $85Dwoo $85o.00 $855..00 $a55oo '.$g7oo.Oo0 3.11 Taa HP.HP.6 1 EACH $97o0Doo- $970.00 $lo.o.0000 $l,00000 '$3,400 ODOD $3,4000§ 3.12 Taa HP.HP.8 1 EACH $l,000000D $1,000.00 $loe5.0000 $1,oe5oo $3,50000po $3,50o0o 3.13 Taa HP.HP.HP 1 EACH $1,02s0ooD $1,025:00 $1,210.0000 $1,2100o $3,800 ODOD $3,8o0oo 3.14 Taa 12.12.6 1 EACH $1,1650000. $1,165.00 $1,210.0000 $1,2100o x:$4300.0000 $4,30004 3,15 Taa12.12.8 1 EACH $1,2000000 i. $1,zoon0 $1,410.0000 $1,4100o ',$4,50o0Dop 44,50DOD 3.16 Tee 12.12.10 1 EACH $1,225moo $1,225;aQ $1,.5.0000 $1,485 0o $5,1.0000 $s,loo oo 3.17 Tee 12.12.12 1 EACH 51,2w... $1,25D.0o $1,65o.O000 $1,65o0o 1$S,10D0.o $S,10POD 4.1.1 Up to 1-Inch Sh—Sde Water Servce Connection 1 EACH $womoo $606,00 $1,.-000 $1,48500 $4.o_woo $40000 4.1.2 6-Inch Water Main 1 EACH $637.DD $637OD $220..00 $22000 $1,5500DDD $1,550OD 4.1.3 8-Inch Water Main 1 EACH $655woo $655.0D $275..00 $2750o $1,575.0000 $1,57500 4.1.4 10-Inch Water Main 1 EACH $891..: $891;oD $3-00oo $33000 ::$1,75000DO $1,750OD 4.1.5 12-Inch Water Main 1 EACH $922woo $922.00 $3-00oo $385. j$1,J800ppp $1,J80oo 4.2.1 Up to 2-Inch Short Sde Water Servce Connection 1 EACH $800.DD $wDoD $1,9EO.O000 $1,980. $554wDD $5500D 4.2.2 6-Inch Water Main 1 EACH $85Dwoo $85o.OD $275..00 $2750o :x.$3,4250000 $3,42500 4.2.3 8-Inch Water Main 1 EACH $9..Do $—Loo $330..00 $33000 '.$3,550OD. $3,550,OD 4.2.4 10-Inch Water Main 1 EACH $95ow.: $95o.00 $3-00oo $385. $4,Oo00000 $4,.D000 4.2.5 12-Inch Water Main 1 EACH $1,o0p.. $1,Ooo.00 $440..00 $440. $4,150ODDD : $4,150op 4.3.1 Up to l-Inch Long Sde Water Servce Connection 1 EACH $1,1760000 $1,176,OD $2,310-oo $2,3100o $40D.00 $40004 4.32 6-Inch Water Main 1 EACH $1,225ODDD $1,225,0D $220..00 $220. .$1,90D,.Doo $1190P0D 4.33 8-Inch Water Main 1 EACH $1,2500000 $1,25D.0D $275-woo $2750o '$1,950,ODPD $1,95000 4.3.4 HP Inch Water Main 1 EACH $1,372..DD:: $1,372,. $330..00 $33000 ;:$2,250,0000 $2,25000 4.3.5 12-Inch Water Main 1 EACH $1,7640000:. $1,764AD $3-00oo $385. $2,3000o. $z,w000 4.4.1 Up to 2-Inch Long Sde Water Servce Connector(n cos ngJ 1 EACH $1,4.0.D: $1,.DAo $3,040.O000 $3,040. $550woo $S500D 4.42 6-Inch Water Main 1 EACH : $1,45DODDD $1,45DAD $275..00 $2750o ..::$4,800.. $4,80000 4.4.3 8-Inch Water Main 1 EACH $1,600.. $umoo $330.00oo $330. $4,900.DPp $4,900OD 4.4.4 10-Inch Water Main 1 EACH :: $1,8000Doo $1,8..OD $3-00oo $385. ;$5,.00000 $S,O.Oo 4.4.5 12-Inch Water Main 1 EACH $2,1... $2,10D.0o $440..00 $—..o .$5,20DODPD $S,2op OD 5.1 6Inch Water Main 1 EACH :: $6,5DDOooD $6,5DD.OD $7,920.0000 $7,920. $8,400 Op. $8,40o.o 5.2 8-Inch Water Main 1 EACH :: $8,.0.. $8,000,00 $9,680.0000 $9,68000 $9,000 OPPP $9,ODp OD 5.3 10.1nch Water Main 1 EACH $1o,0oo0000 $fo,O0000 $13,120.O000 $13,12000 S.Sop 0000 $10,50o04 5.4 12_h Water Main 1 EACH $15,Oo00000 $15,OooAo $14,586.0000 $14,5aS0o $12,5m0000 $12,50090 Subtotal: $114,.8.72 $135,670.45 $164,515.. Page 1841 of 1906 Page 1842 of 1906 079282121 - Pre-Chlorinated Pipe Bursting of Potable Water Mains Opening Date: May 7, 2021 1:00 PM Closing Date: June 11, 2021 2:30 PM Vendor Details Company Name: Murphy Pipeline Contractors LLC 12235 New Berlin Rd Address: Jacksonville, Florida 32226 Contact: Taylor Morris Email: taylorm@teamipr.com Phone: 904-764-6887 Fax: 903-379-6193 HST#: 59-3688714 Submission Details Created On: Tuesday May 18,2021 12:10:59 Submitted On: Friday June 11,2021 08:57:57 Submitted By: Taylor Morris Email: taylorm@teamipr.com Transaction#: 4b3b4cc0-929b-4688-bfe5-faf37744b4bc Submitter's IP Address: 96.90.12.21 Bid Number: 079282121 Vendor Name: Murphy Pipelipp Coen�rgcctgrOt 1 06 Pal- :i Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid,at the unit prices, and/or lump sums,hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY"and you are not bidding on it,leave the table and/or line item blank.Do not enter a$0.00 dollar value. BID PROPOSAL-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID PROPOSAL TO THE CITY OF BOYNTON BEACH,FLORIDA *Line Iters No.-SECTION 1 -Permits,NIPIDES,Drawings,Survey.-marked as'TBA -These lire items are pro,'gect specific and accurate costs can riot be provided. You may enter$0.00 on these line items here. *Line No.I-1 -Indemnification 0 Individual Projects You shall enter$25.00 for this iters here. *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC-4. ITEM NO DESCRIPTION i ESTIMATED QUANITY I UNIT UNIT COST R TOTAL GC-1 Mobilization / Demobilization Per Project 1 LUMP SUM $15,000.0000 $15,000.00 GC-1 Maintenance of Traffic (MOT) Plan Per Project, City 1 LUMP SUM $5,000.0000 $5,000.00 Right-of-Way GC-1 Maintenance of Traffic (MOT) Plan Per Project, Palm 1 LUMP SUM $5,000.0000 $5,000.00 Beach County FDOT Roadway GC-1 Pre and Post Construction Video 1 LUMP SUM $1,000.0000 $1,000.00 Permit Applicable Permit Allowance (actual cost 1 EACH (TBA) $0.0000 $0.00 reimbursement by the City) NPDES NPDES (if applicable) May Not Exceed 1.5% of the 1 EACH (TBA) $0.0000 $0.00 Project Cost Drawings Record Drawings (if applicable) 1 EACH (TBA) $0.0000 $0.00 Survey Construction Survey (if applicable, actual cost 1 LUMP SUM $0.0000 $0.00 reimbursement by the City) (TBA) 1-1 Indemnification / Individual Projects 1 LUMP SUM $25.0000 $25.00 ($25.00) R-1A Sod 1 SQUARE FOOT $0.7200 $0.72 R-113 6" Concrete 1 SQUARE FOOT $12.5000 $12.50 R-1C 3"Asphalt 1 SQUARE FOOT $6.5000 $6.50 R-1D Curb 1 LUMP SUM $40.0000 $40.00 2.1 6-Inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LINEAR FOOT $68.0000 $68.00 2.2 8-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $80.0000 $80.00 2.3 10-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $98.0000 $98.00 2.4 12-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $126.0000 $126.00 3.1 4-Inch Gate Valve 1 EACH $1,067.0000 $1,067.00 3.2 6-Inch Gate Valve 1 EACH $1,176.0000 $1,176.00 3.3 8-Inch Gate Valve 1 EACH $1,480.0000 $1,480.00 3.4 10-Inch Gate Valve 1 EACH $1,843.0000 $1,843.00 3.5 12-Inch Gate Valve 1 EACH $2,793.0000 $2,793.00 3.6 Install Fire Hydrant on 6-Inch Water Main 1 EACH $3,000.0000 $3,000.00 3.7 Install Fire Hydrant on 8-Inch Water Main 1 EACH $3,100.0000 $3,100.00 3.8 Tee 6x6x6 1 EACH $735.0000 $735.00 3.9 Tee 8x8x6 1 EACH $825.0000 $825.00 3.10 Tee 8x8x8 1 EACH $850.0000 $850.00 3.11 Tee 10x10x6 1 EACH $970.0000 $970.00 3.12 Tee 10x10x8 1 EACH $1,000.0000 $1,000.00 3.13 Tee 10x10x10 1 EACH $1,025.0000 $1,025.00 3.14 Tee 12x12x6 1 EACH $1,165.0000 $1,165.00 3.15 Tee 12x12x8 1 EACH $1,200.0000 $1,200.00 3.16 Tee 12x12x10 1 EACH $1,225.0000 $1,225.00 3.17 Tee 12x12x12 1 EACH $1,250.0000 $1,250.00 4.1.1 Up to 1-Inch Short Side Water Service Connection 11 JEACH J$606.0000 J$606.00 4.1.2 6-Inch Water Main 11 JEACH J$637.0000 J$637.00 4.1.3 8-Inch Water Main 11 JEACH J$655.0000 J$655.00 4.1.4 10-Inch Water Main 11 JEACH J$891.0000 J$891.00 Bid Number: 079282121 Vendor Name: Murphy Pipelipp Coen�rg4tgrOt 1 06 F' g 4 4.1.5 12-Inch Water Main 1 EACH $922.0000 $922.00 4.2.1 Up to 2-Inch Short Side Water Service Connection 1 EACH $800.0000 $800.00 4.2.2 6-Inch Water Main 1 EACH $850.0000 $850.00 4.2.3 8-Inch Water Main 1 EACH $900.0000 $900.00 4.2.4 10-Inch Water Main 1 EACH $950.0000 $950.00 4.2.5 12-Inch Water Main 1 EACH $1,000.0000 $1,000.00 4.3.1 Up to 1-Inch Long Side Water Service Connection 1 EACH $1,176.0000 $1,176.00 4.3.2 6-Inch Water Main 1 EACH $1,225.0000 $1,225.00 4.3.3 8-Inch Water Main 1 EACH $1,250.0000 $1,250.00 4.3.4 10-Inch Water Main 1 EACH $1,372.0000 $1,372.00 4.3.5 12-Inch Water Main 1 EACH $1,764.0000 $1,764.00 4.4.1 Up to 2-Inch Long Side Water Service Connection (in 1 EACH $1,400.0000 $1,400.00 casing) 4.4.2 6-Inch Water Main 1 EACH $1,450.0000 $1,450.00 4.4.3 8-Inch Water Main 1 EACH $1,600.0000 $1,600.00 4.4.4 10-Inch Water Main 1 EACH $1,800.0000 $1,800.00 4.4.5 12-Inch Water Main 1 EACH $2,100.0000 $2,100.00 5.1 6-Inch Water Main 1 EACH $6,500.0000 $6,500.00 5.28-Inch Water Main 11 JEACH 1$8,000.00uu $8,000.00 5.3 10-Inch Water Main 11 JEACH J$10,000.0000 $10,000.00 5.4 12-Inch Water Main 11 JEACH 1$15,000.0000 $15,000.00 Subtotal: $114,008.72 SCENARIO#1 -PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC—4. SCENARIO#1 Four-inch water main(Asbestos Cement Pipe)that runs a length of 450 linear ft.(from north to south)through the easement of a residential neighborhood at 3-feet deep.This water main loops the system;25 residents are connected to it.The four-inch water main is wet tapped off of a 20-inch transmission water main that is in a FDOT roadway and ties into an eight-inch water main 300 linear feet away on to a city roadway.Both four-inch valves are not leaking and are in good condition.Restore asphalt 200 sq.ft.of FDOT approved asphalt and any sod that needed to be removed.The utility wants the water main to be increased to a six-inch water main. SCC-4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios,similar in nature to scopes of services,are provided to prepare cost estimates and represent hypothetical situations that require pre-chlorination pipe bursting to potable water mains. 4.1 a. The Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No.079-2821-21 Pre-Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1 b-2. Identify the line items utilized to develop the proposal; 4.1 b-2a.Call out the item verbatim in the proposal within the Boynton-beach.bidsandtenders.net City's e- procurement bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. MatesI Item No Description of Bid Item QUANITY JUNIT UNIT COST Total ndemnification /Individual Projects- Enter 1-1 Indemnification/Individual Projects 1 LS $25.0000 $25.00 a Quantity of 1 and unit cost of$25 Bid Number: 079282121 Vendor Name: Murphy Pipelipp Coen�rg4tgrOt 1 06 F' g Scenario Information GC-1 Mobilization/Demobilization Per 1 LS $15,000.0000 $15,000.00 Project Scenario Information GC-1 Maintenance of Traffic (MOT) 1 LS $5,000.0000 $5,000.00 Plan Per Project, City Right-of- Way Scenario Information GC-1 Maintenance of Traffic (MOT) 1 LS $5,000.0000 $5,000.00 Plan Per Project, Palm Beach County FDOT Roadway Scenario Information GC-1 Pre and Post Construction Video 1 LS $1,000.0000 $1,000.00 Scenario Information Permit Applicable Permit Allowance 1 EA $0.0000 $0.00 (actual cost reimbursement by the City) TBD Scenario Information NPDES NPDES (if applicable) May Not 1 EA $0.0000 $0.00 Exceed 1.5% of the Project Cost TBD Scenario Information Drawings Record Drawings (if applicable) 1 EA $0.0000 $0.00 TBD Scenario Information Survey Construction Survey (if 1 EA $0.0000 $0.00 applicable, actual cost reimbursement by the City) TBD Scenario Information R-1A Sod 100 SF $0.7200 $72.00 Scenario Information R-1C 3"Asphalt 200 SF $6.5000 $1,300.00 Scenario Information 2.1 6-Inch HDPE DR11 by Pre- 450 LF $68.0000 $30,600.00 Chlorinated Pipe Bursting Scenario Information 4.1.2 6-Inch Water Main 25 EA $637.0000 $15,925.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $73,922.00 SCENARIO#2-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC—4. SCENARIO#2 Twelve-inch(Cast Iron Pipe)water main that runs 550 linear ft.in utility right-of-way at 6-feet deep.At the distance of 250 linear feet,the 12-inch water main reduces to an 10-inch water main(cast iron).Where the water main reduces from a 12-inch to an 10-inch water main,there is a 12-inch x 10-inch reducer and an 10-inch gate valve.One(1)fire hydrant with(1)individual valve,are connected to the water main.There are resident service lines that are fed by this water main,10 long-side service lines and 10 short-side service lines for a total of 20 resident service lines. Restore sod to various areas.The utility wants the water main to keep its size ration of 12-inch reducing down to 10-inch if possible. SCC-4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios,similar in nature to scopes of services,are provided to prepare cost estimates and represent hypothetical situations that require pre-chlorination pipe bursting to potable water mains. 4.1 a. The Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No.079-2821-21 Pre-Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1 b-2. Identify the line items utilized to develop the proposal; 4.1 b-2a.Call out the item verbatim in the proposal within the Boynton-beach.bidsandtenders.net City's e- procurement Bid Number: 079282121 Vendor Name: Murphy Pipelipp Coen�rg4tgrOt 1 06 F' g b bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. Notes Item No Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and LS Indemnification/Individual Projects 1 LS $25.0000 $25.00 unit cost of$25 Scenario Information GC-1 Mobilization/Demobilization Per 1 LS $15,000.0000 $15,000.00 Project Scenario Information GC-1 Maintenance of Traffic (MOT) 1 LS $5,000.0000 $5,000.00 Plan Per Project, City Right-of- Way Scenario Information GC-1 Pre and Post Construction Video 1 LS $1,000.0000 $1,000.00 Scenario Information Permit Applicable Permit Allowance 1 EA $0.0000 $0.00 (actual cost reimbursement by the City) TBD Scenario Information NPDES NPDES (if applicable) May Not 1 EA $0.0000 $0.00 Exceed 1.5% of the Project Cost TBD Scenario Information Drawings Record Drawings (if applicable) 1 EA $0.0000 $0.00 TBD Scenario Information Survey Construction Survey (if 1 LS $0.0000 $0.00 applicable, actual cost reimbursement by the City) TBD Scenario Information R-1A Sod 80 SF $0.7200 $57.60 Scenario Information 2.3 10-Inch HDPE DR11 by Pre- 300 LF $98.0000 $29,400.00 Chlorinated Pipe Bursting Scenario Information 2.4 12-Inch HDPE DR11 by Pre- 250 LF $126.0000 $31,500.00 Chlorinated Pipe Bursting Scenario Information 3.4 10-Inch Gate Valve 1 EA $1,843.0000 $1,843.00 Scenario Information 3.7 Install Fire Hydrant on 8-inch 1 EA $3,100.0000 $3,100.00 water main Scenario Information 4.1.4 10-Inch Water Main 10 EA $891.0000 $8,910.00 Scenario Information 4.2.5 12-Inch Water Main 10 EA $1,000.0000 $10,000.00 Scenario Information 4.3.4 10-Inch Water Main 10 EA $1,372.0000 $13,720.00 Scenario Information 4.4.5 12-Inch Water Main 10 EA $2,100.0000 $21,000.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $140,555.60 SCENARIO#3-PRE-CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC—4. SCENARIO#3 Six-inch water main(Asbestos Cement)that runs in utility right-of-way at a depth of four-feet and a total length of 1000 linear feet.Presently,there are not enough fire hydrants on the street in order to meet fire suppression needs.Utility is asking that four(4),eight-inch x six-inch tees be installed along the line;position of tees will be specified by the utility,and four(4)6-inch valves to coincide with each tee for future installation of four(4)fire hydrants.Fire hydrants will be installed by the utility at a later date.There are 20 short-side services and 10 long-side services for a total of 30 resident service lines. The utility wants to upsize the water main from a 6-inch to an 8-inch water main. SCC-4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios,similar in nature to scopes of services,are provided to prepare cost estimates and represent hypothetical situations that require pre-chlorination pipe bursting to potable water mains. Bid Number: 079282121 Vendor Name: Murphy PipelippCon1rg4�rOt OM06 4.1 a. The Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No.079-2821-21 Pre-Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1 b-2. Identify the line items utilized to develop the proposal; 4.1 b-2a.Call out the item verbatim in the proposal within the Boynton-beach.bidsandtenders.net City's e- procurement bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. Nates Item No Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and 1-1 Indemnification/Individual Projects 1 LS $25.0000 $25.00 unit cost of$25 Scenario Information GC-1 Mobilization/Demobilization Per 1 LS $15,000.0000 $15,000.00 Project Scenario Information GC-1 Maintenance of Traffic (MOT) 1 LS $5,000.0000 $5,000.00 Plan Per Project, City Right-of- Way Scenario Information GC-1 Pre and Post Construction Video 1 LS $1,000.0000 $1,000.00 Scenario Information Permit Applicable Permit Allowance 1 EA $0.0000 $0.00 (actual cost reimbursement by the City) TBD Scenario Information NPDES NPDES (if applicable) May Not 1 EA $0.0000 $0.00 Exceed 1.5% of the Project Cost TBD Scenario Information Drawings Record Drawings (if applicable) 1 EA $0.0000 $0.00 TBD Scenario Information Survey Construction Survey (if 1 LS $0.0000 $0.00 applicable, actual cost reimbursement by the City) TBD Scenario Information 2.2 8-Inch HDPE DR11 by Pre- 1000 LF $80.0000 $80,000.00 Chlorinated Pipe Bursting Scenario Information 3.2 6-Inch Gate Valve 4 EA $1,176.0000 $4,704.00 Scenario Information 3.9 Tee 8x8x6 4 EA $825.0000 $3,300.00 Scenario Information 4.1.3 8-Inch Water Main 20 EA $655.0000 $13,100.00 Scenario Information 4.3.3 8-Inch Water Main 10 EA $1,250.0000 $12,500.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $134,629.00 Summary Table Bid Farm Amount BID PROPOSAL-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $114,008.72 SCENARIO#1-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $73,922.00 SCENARIO#2-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $140,555.60 SCENARIO#3-PRE-CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS $134,629.00 Subtotal Contract Amount: $463,115.32 Bid Number: 079282121 Vendor Name: Murphy Pipelipp Coen�rg4tQrOt 1 06 F' g t5 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information.Please fill out and indicate in the appropriate spaces provided which category best describes your company.Return this form to make it an official part of with your Bid response. Description Response' Comments Is your company a Minority Owned business? No N/A Please select the appropriate response Not Applicable N/A Do you possess a certification qualifying your business as a Minority Owned business? No N/A Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Local Business Status Certification I am an authorized representative of the business and,on behalf of the Business,request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request,I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for"Local Business Status Certification"you declare that you are not a local business in the City of Boynton Beach. r We will not be submitting for Local Business Status Certification Does the business have Is the business registered with Is the business located within the City limits of Boynton Beach, a business tax receipt Number ofyears in the Florida Division of Business license number Florida?* issued in the current business Corpokations? year?' r Yes r Yes r Yes r No r No r No Trench Safety Act Affidavit TRENCH SAFETY ACT AFFIDAVIT On October 1,1990,House Bill 3183,known as the Trench Safety Act became law. This incorporates the Occupational Safety&Health Administration(OSHA)revised excavation safety standards,citation 29 CFR.S.1926.650,as Florida's own standards. The Proposer,by virtue of its signature below,affirms that it is aware of this Act,and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT(90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES,NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE,THE PROPOSERS MUST COMPLETE*THIS FORM,I.E.IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS:Description,Unit,Quantity,Unit Price,Extended Price and Method Description* Unit* Quantity' Unit Price ExtendedPrice* Method* Trench Box/Shielding LF 1 25 25 Trench Box Large Metal boxes dropped in ground to prevent cave-ins/land slides N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Bid Number: 079282121 Vendor Name: Murphy Pipelipp Coen�rg4tp 1 06 F' g y Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate"TBD"(To Be Determined)or"TBA"(To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub-contractors The Bidder proposes the following major sub-contractors for the major areas of work for the Project. The Bidder is further notified that all sub-contractors shall be properly licensed,bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors,if required. Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award,or failed to deliver on time contracts in a similar nature,or who is not responsible(financial capability,lack of resources,etc.)to perform under this award.Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. P7 By clicking hem V confirm that there are no Suubcontrac&or(s)and the Bidder shall perforin the project with their"OWN FORCES". Jame Arltlress Scope of work license No Contract Amount Percentage I%)ofContract Documents Ensure your submission document(s)conforms to the following: Documents should NOT have a security password,as City of Boynton Beach may not be able to open the file.It is your sole responsibility to ensure that the uploaded document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file.If the zipped file contains more than one(1) document, ensure each document is named,in relation to the submission format item responding to.For example,if responding to the Marketing Plan category save the document as"Marketing Plan." If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. These procurement documents must be completed,signed,notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. • Bid Form-Bid Submittal TM.pdf-Friday June 11,2021 08:48:17 • Anti-Kickback Affidavit-Antio Kickback Affadavit Signed.pdf-Friday June 11,2021 08:17:42 • Non-Collusion Affidavit of Proposer-Non-Collusion Af ADAVIT.pdf-Friday June 11,2021 08:17:50 • Certification Pursuant to Florida Statute&287.135-Certification persuiant to florida.pdf-Friday June 11,2021 08:18:02 • Submit current Florida Professional License,including evidence of possession of required licenses or business permits-FL CUC 08-17-20 Exp 08-31-22.pdf-Friday June 11,2021 08:11:58 • Warranties-Warranties Signed.pdf-Friday June 11,2021 08:18:11 • E-Verify Form Pursuant to Florida Statute&448.095-E-Verify Signed.pdf-Friday June 11,2021 08:18:27 • Bidders W-9-W9.pdf-Friday June 11,2021 08:32:32 • Submit any Supplemental information relative to this ITB (optional) • Additional Document(optional) Bid Number: 079282121 Vendor Name: Murphy Pipelipp Con�rgg8rOt OM06 Pre-Chlorinated Pipe Burst SPECIAL TERMS AND CONDITIONS PURPOSE:The purpose of this bid is to secure services of a qualified contractor(s)to demonstrate specific experience in pre-chlorinated pipe bursting of utility system water mains and to establish line item pricing for Pre-Chlorinated Pipe Bursting Projects. The scope of these specifications is for pre-chlorinated pipe bursting. The work shall include,but not be limited to: 1)Pipe bursting at various Utility locations 2)Connection of existing water services 3)Maintenance of traffic 4)Site restoration,pavement repairs,resurfacing and striping AWARD:Successful Bidder awarded shall ensure that proper and sufficient staff,equipment,organization,etc.will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission.There is no obligation on the part of the City to award the bid to the lowest bidder,or any bidder.The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City.The City shall be the sole judge of the bids and the City's decision shall be final. The City intends to award a contract to two contractors as a Primary and Secondary to the two(2)lowest,responsive,responsible bidder(s),taking into consideration experience,staffing,equipment,materials,references and past performance. TERM OF CONTRACT:The initial term of the contract awarded shall be for two(2)years,May 19,2021 through May 18,2023. Bid prices are to be firm for a period of two years.By mutual agreement between the City and the awardee(s),the City may renew the bid at the same terms and conditions for three(3)additional one(1)year periods. The City reserves the right to extend automatically for a period not to exceed an additional six(6)months in order to provide the City with continual service while a new contract is solicited,evaluated and/or awarded. INSURANCE:It shall be the responsibility of the successful bidder to maintain workers'compensation insurance,property damage,liability insurance and vehicular liability insurance,during the time any of Bidder's personnel are working on City of Boynton Beach property.The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property.Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M.Best's Key Rating Guide,latest edition. INVOICING AND PAYMENT:Payment for any and all invoice(s)that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request.Timely submission of a properly certified invoice(s)in strict accordance with the price(s)and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O.Box 310 Boynton Beach,Florida 33425-0310 All invoices submitted shall consist of an original and one(1)copy as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Bid Number: 079282121 Vendor Name: Murphy Pipelipp Con�rgggrOt OM06 Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent;be clearly marked as"partial","complete",or"final invoice." The City will accept partial deliveries.The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment,unless otherwise stated in the Contract Documents are"Net 30 Days"after acceptance of goods or services and receipt of an acceptable invoice as described herein.Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City.Should the City return an invoice for correction,the Contractor shall re-submit a corrected invoice to the City for processing. It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner.All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work.It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative,and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence,and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring,inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation,it is agreed by the parties hereto that the Utilities Director or his representative shall decide all questions,difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications,construction,prosecution and fulfillment of the Contract and task orders, and as to the character,quality,amount and value of any work done and materials furnished under or by reason of the Contract,and his estimates and decisions upon all claims,questions and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public,obstruct traffic and interfere with business,it is important that once work commences at any site,it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur,the City reserves the right to hire off duty police,erect barricades,or take whatever actions are necessary to provide for the safety of the site.All costs involved in doing so shall be just claims against Contractor or the Contractor's Performance and Payment Bond.By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Utilities Project Manager may authorize in writing an exception.Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. LIMITATIONS OF OPERATIONS: No work shall be conducted during weekends,City holidays,or past City's business hours.If such work is necessary for the proper care and protection of the work already performed or,except that permission to do such work may be secured from the Utilities Director or his designee. FIELD OFFICE: No field office will be required for these projects.However,the Contractor must provide the Utilities Project Manager or his representative with a local telephone number at which he can be contacted at any time during the performance of the work. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed,and shall be authorized to act for the Contractor.The Contractor shall maintain sufficient plant,equipment,and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work.All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used;and to the method of procedure to be used in the performance of the work. C. If the Utilities Project Manager or his representative requests it,the Contractor shall at any time before final acceptance of the work,remove or uncover such portions of the Bid Number: 079282121 Vendor Name: Murphy Pipelipp Con�rggys1 06 finished work as may be directed.After examination,the Contractor shall restore said portions of the work to the standard required by the Specifications.Should the work exposed or examined prove acceptable,the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as"Extra Work." Should the work so exposed or examined prove unacceptable,the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor expense.No work shall be performed,nor materials used,without suitable supervision or inspection by the Utilities Project Manager or his representative.Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered or obligate the City to final acceptance. d. It is expressly understood that the Contractor is in all respects an independent Contractor for this work,notwithstanding that under certain conditions,he is bound to follow the directions of the Utilities Project Manager or his representative,and is in no respect an agent,servant or employee of the City. RESTORATION OF PROPERTY: Property,public or private,if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager,prior to the final acceptance of the work.Such facilities shall include but are not limited to:signalization equipment and miscellaneous hardware removed from construction site,driveways,walkways,walls,fences,mailboxes,sod,landscaping,irrigation systems,footings or underground utilities. NOTE:All street name signs shall remain in place during the period of construction except those that are required to be relocated due to interference with actual construction. All signs that are relocated or damaged by the Contractor during the course of the work shall be reinstalled or replaced at the proper location as soon as possible by the Contractor.Prior to removal of any traffic control signs that interfere with the construction,the Contractor shall provide temporary signing or other provisions to assure a continuous flow of traffic under at least the same conditions as previously existed.It shall be the Contractor's responsibility to report any signs that are found unserviceable to relevant authority. It is the Contractor's responsibility to obtain all the necessary approvals from Palm Beach County or City of Boynton Beach Public Works prior to relocating or taking any traffic control device/sign out of service. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control,the time for completion of the work may be extended by the Utilities Project Manager or his representative.Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven(7)days from Contractor's knowledge of a delay.Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City,by act or omission,intentionally and without reason,cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur.No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever;regardless of by what or by whom caused,even though by other Contractors on the same work,or by times,seasons,or weather;other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Contractor fails to start the work within the time specified,and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing,such permission shall not modify nor waive any liability of the Contractor for damages arising from non-completion of work within the time limit,but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. UTILITIES: The Contractor shall make all necessary arrangements with the utility companies concerned for maintenance of their lines during the construction period.In the event that a complete relocation of utilities is required, but has not been accomplished prior to the effective date of the "Notice to Proceed,"the Contractor,nevertheless,shall commence work under this contract and shall schedule his work to avoid interference with the utility relocation or repair work.The City will not be liable for any delay or added expense the Contractor experiences due to the activities of utility companies,nor shall the City be held responsible for any damages to any utilities due to any actions by the Contractor. PROJECT SAFETY: a. Maintenance of Traffic: The applicable portions of the Palm Beach County Traffic Manual must be adhered to.Excavated or other material or equipment stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. All traffic control devices(including signs),warning devices and barriers shall be furnished by the Contractor. It is the Contractor's sole responsibility to maintain the existing flow of traffic during the performance of all work. Bid Number: 079282121 Vendor Name: Murphy Pipelipp Con�rgggrOt OM06 b. The Contractor shall provide the necessary access to all adjacent property during construction. C. Special attention shall be given for directing the flow of pedestrian and vehicular traffic,especially in areas surrounding schools.At the discretion of the Utilities Project Manager,and or his designee,the City may require the Contractor to call for and hire off-duty police officers at Contractor's expense,for directing traffic and maintaining safety if in any way his operations will curtail the use of the streets,roads and work areas specified herein. d. Traffic may be detoured only upon prior coordination with the Utilities Project Manager or his representative. MATERIALS: a. The Contractor shall provide the services of all workmen,mechanics,tradesmen and other employees trained and skilled in their various occupations and all materials and equipment.The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described,materials and workmanship of every kind shall be in keeping with industry standards.The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City,and shall properly join his work to existing or new construction. C. All materials and every process and operation of manufacture,construction and erection shall be subject to inspection at all times,and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors,or previous acceptance,shall not relieve the Contractor from the obligation to make good defects whenever discovered. PAYMENT FOR TESTS: Except when otherwise provided,the expense of all tests requested by the Utilities Project Manager or his representative will be borne by the Contractor. Procedures for making tests required by the Utilities Project Manager or his representative will be in conformance with all applicable State,County,City,AWWA,or industry testing requirements.Tests rendering unsatisfactory reports shall be cause for rejection.The cost for all retesting shall be the Contractor's responsibility. STORAGE RESPONSIBILITY: The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the continuance of the contract and until the final acceptance of the structure or work.If any materials or part of the work be lost,damaged or destroyed by any cause or means whatsoever,the Contractor shall satisfactorily repair and/or replace the same at his own cost. The Contractor shall maintain suitable and sufficient guards,barriers,and at night,suitable and sufficient light for the prevention of accidents. FINAL CLEAN UP: Upon completion of the work specified herein,and before acceptance of any part thereof,and any payment made to include final payment,the Contractor shall remove from the site completed,all machinery,equipment surplus and discarded materials and temporary structures.The disposal of all materials,rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the City Engineer.Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. P- I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Taylor Morris,Project Manager,Murphy Pipeline Contractors,LLC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid.Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. Bid Number: 079282121 Vendor Name: Murphy Pipelipp Con�rgggrOt OM06 I have reviewed the File Name below addendurn and Pages attachments(if applicable) Addendum No.2 Pre-Chlorinated Pipe Bursting of Potable Water Mains r 1 Thu June 3 2021 11:32 AM Addendum No.1 Pre-Chlorinated Pipe Bursting of Potable Water Mains r 2 Wed May 26 2021 10:47 AM Bid Number: 079282121 Vendor Name: Murphy Pipelipp Con�rgggrOt OM06 Bid Number: 079282121 Vendor Name: Murphy Pipelipp Con�rgggrOt OM06 079282121 - Pre-Chlorinated Pipe Bursting of Potable Water Mains Opening Date: May 7, 2021 1:00 PM Closing Date: June 11, 2021 2:30 PM Vendor Details Company Name: Killebrew inc P.O. Box 6258 Address: lakeland, Florida 33805 Contact: Adre Poleon Email: adre@killebrewinc.net Phone: 863-701-0273 Fax: 863-701-0273 HST#: Submission Details Created On: Tuesday June 01,2021 08:56:30 Submitted On: Thursday June 10, 2021 14:39:31 Submitted By: Adre Poleon Email: adre@killebrewinc.net Transaction#: 09306233-9418-432f-ba4c-9893e2822962 Submitter's IP Address: 71.41.66.98 Bid Number: 079282121 Vendor Uage OT T606 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid,at the unit prices, and/or lump sums,hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY"and you are not bidding on it,leave the table and/or line item blank.Do not enter a$0.00 dollar value. BID PROPOSAL-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID PROPOSAL TO THE CITY OF BOYNTON BEACH,FLORIDA *Line Iters No.-SECTION 1 -Permits,NIPIDES,Drawings,Survey.-marked as'TBA -These lire items are pro,'gect specific and accurate costs can riot be provided. You may enter$0.00 on these line items here. *Line No.I-1 -Indemnification 0 Individual Projects You shall enter$25.00 for this iters here. *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC-4. ITEM NO DESCRIPTION ESTIMATED QUANITY I UNIT UNIT COST R TOTAL GC-1 Mobilization / Demobilization Per Project 1 LUMP SUM $22,000.0000 $22,000.00 GC-1 Maintenance of Traffic (MOT) Plan Per Project, City 1 LUMP SUM $5,500.0000 $5,500.00 Right-of-Way GC-1 Maintenance of Traffic (MOT) Plan Per Project, Palm 1 LUMP SUM $7,700.0000 $7,700.00 Beach County FDOT Roadway GC-1 Pre and Post Construction Video 1 LUMP SUM $5,500.0000 $5,500.00 Permit Applicable Permit Allowance (actual cost 1 EACH (TBA) $0.0000 $0.00 reimbursement by the City) NPDES NPDES (if applicable) May Not Exceed 1.5% of the 1 EACH (TBA) $0.0000 $0.00 Project Cost Drawings Record Drawings (if applicable) 1 EACH (TBA) $0.0000 $0.00 Survey Construction Survey (if applicable, actual cost 1 LUMP SUM $0.0000 $0.00 reimbursement by the City) (TBA) 1-1 Indemnification / Individual Projects 1 LUMP SUM $0.0000 $0.00 ($25.00) R-1A Sod 1 SQUARE FOOT $0.9500 $0.95 R-113 6" Concrete 1 SQUARE FOOT $9.5000 $9.50 R-1C 3"Asphalt 1 SQUARE FOOT $10.0000 $10.00 R-1D Curb 1 LUMP SUM $55.0000 $55.00 2.1 6-Inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LINEAR FOOT $83.0000 $83.00 2.2 8-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $97.0000 $97.00 2.3 10-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $112.0000 $112.00 2.4 12-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $146.0000 $146.00 3.1 4-Inch Gate Valve 1 EACH $1,595.0000 $1,595.00 3.2 6-Inch Gate Valve 1 EACH $1,815.0000 $1,815.00 3.3 8-Inch Gate Valve 1 EACH $2,659.0000 $2,659.00 3.4 10-Inch Gate Valve 1 EACH $3,542.0000 $3,542.00 3.5 12-Inch Gate Valve 1 EACH $3,900.0000 $3,900.00 3.6 Install Fire Hydrant on 6-Inch Water Main 1 EACH $5,060.0000 $5,060.00 3.7 Install Fire Hydrant on 8-Inch Water Main 1 EACH $5,250.0000 $5,250.00 3.8 Tee 6x6x6 1 EACH $610.0000 $610.00 3.9 Tee 8x8x6 1 EACH $740.0000 $740.00 3.10 Tee 8x8x8 1 EACH $855.0000 $855.00 3.11 Tee 10x10x6 1 EACH $1,000.0000 $1,000.00 3.12 Tee 10x10x8 1 EACH $1,065.0000 $1,065.00 3.13 Tee 10x10x10 1 EACH $1,210.0000 $1,210.00 3.14 Tee 12x12x6 1 EACH $1,210.0000 $1,210.00 3.15 Tee 12x12x8 1 EACH $1,410.0000 $1,410.00 3.16 Tee 12x12x10 1 EACH $1,485.0000 $1,485.00 3.17 Tee 12x12x12 1 EACH $1,650.0000 $1,650.00 4.1.1 Up to 1-Inch Short Side Water Service Connection 11 JEACH 1$1,485.0000 $11485.00 4.1.2 6-Inch Water Main 11 JEACH J$220.0000 $220.00 4.1.3 8-Inch Water Main 1 EACH $275.0000 $275.00 4.1.4 10-Inch Water Main 11 JEACH J$330.0000 J$330.00 Bid Number: 079282121 Vendor Ua e: �� OT T606 4.1.5 12-Inch Water Main 1 EACH $385.0000 $385.00 4.2.1 Up to 2-Inch Short Side Water Service Connection 1 EACH $1,980.0000 $1,980.00 4.2.2 6-Inch Water Main 1 EACH $275.0000 $275.00 4.2.3 8-Inch Water Main 1 EACH $330.0000 $330.00 4.2.4 10-Inch Water Main 1 EACH $385.0000 $385.00 4.2.5 12-Inch Water Main 1 EACH $440.0000 $440.00 4.3.1 Up to 1-Inch Long Side Water Service Connection 1 EACH $2,310.0000 $2,310.00 4.3.2 6-Inch Water Main 1 EACH $220.0000 $220.00 4.3.3 8-Inch Water Main 1 EACH $275.0000 $275.00 4.3.4 10-Inch Water Main 1 EACH $330.0000 $330.00 4.3.5 12-Inch Water Main 1 EACH $385.0000 $385.00 4.4.1 Up to 2-Inch Long Side Water Service Connection (in 1 EACH $3,040.0000 $3,040.00 casing) 4.4.2 6-Inch Water Main 1 EACH $275.0000 $275.00 4.4.3 8-Inch Water Main 1 EACH $330.0000 $330.00 4.4.4 10-Inch Water Main 1 EACH $385.0000 $385.00 4.4.5 12-Inch Water Main 1 EACH $440.0000 $440.00 5.1 6-Inch Water Main 1 EACH $7,920.0000 $7,920.00 5.28-Inch Water Main 11 JEACH 1$9,680.00uu $9,680.00 5.3 10-Inch Water Main 11 JEACH 1$13,120.0000 $13,120.00 5.4 12-Inch Water Main 11 JEACH 1$14,586.0000 $14,586.00 Subtotal: $135,670.45 SCENARIO#1 -PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC-4. SCENARIO#1 Four-inch water main(Asbestos Cement Pipe)that runs a length of 450 linear ft.(from north to south)through the easement of a residential neighborhood at 3-feet deep.This water main loops the system;25 residents are connected to it.The four-inch water main is wet tapped off of a 20-inch transmission water main that is in a FDOT roadway and ties into an eight-inch water main 300 linear feet away on to a city roadway.Both four-inch valves are not leaking and are in good condition.Restore asphalt 200 sq.ft.of FDOT approved asphalt and any sod that needed to be removed.The utility wants the water main to be increased to a six-inch water main. SCC-4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios,similar in nature to scopes of services,are provided to prepare cost estimates and represent hypothetical situations that require pre-chlorination pipe bursting to potable water mains. 4.1 a. The Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No.079-2821-21 Pre-Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1 b-2. Identify the line items utilized to develop the proposal; 4.1 b-2a.Call out the item verbatim in the proposal within the Boynton-beach.bidsandtenders.net City's e- procurement bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. Notes Item No Description of Bid Item IQUANITY JUNIT I UNIT COST I Total Indemnification /Individual Projects- Enter 1-1 Indemnification /Individual 1 LS $25.0000 $25.00 a Quantity of 1 and unit cost of$25 Projects Scenario Information GC-1 Mobilization 11 JLs 1$22,000.0000 $22,000.00 Bid Number: 079282121 Vendor Ua e: %� &OT T606 Scenario Information 'Gc-1 Maintenance of traffic (MOT) 1 Ls $5,500.0000 $5,500.00 Plan Per project, city right of way Scenario Information Gc-1 Maintenance of traffic (MOT) 1 Ls $7,700.0000 $7,700.00 Plan Per project, Palm Beach County FDOT right of way Scenario Information Gc-1 Pre and Post Construction Video 1 Ls $5,500.0000 $5,500.00 Scenario Information Permit Applicable permit allowance 1 Ea $250.0000 $250.00 (actually cost to be reimbursement by the city) Scenario Information NPDES NPDES (if applicable) may not 1 Ea $25.0000 $25.00 exceed 1.5% of the Project Cost Scenario Information Drawings Record Drawings (if applicable) 1 Ea $500.0000 $500.00 Scenario Information Survey Construction Survey (if 1 Ls $0.0000 $0.00 applicable, actual cost reimbursement by the City) Scenario Information Scenario Information R-1A Sod 2000 SF $0.9500 $1,900.00 Scenario Information R-1C 3"Asphalt 200 SF $10.0000 $2,000.00 Scenario Information 2.1 6" HDPE DR11 by Pre- 450 Lf $83.0000 $37,350.00 chlorinated Pipe bursting Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $82,750.00 SCENARIO#2-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC—4. SCENARIO#2 Twelve-inch(Cast Iron Pipe)water main that runs 550 linear ft.in utility right-of-way at 6-feet deep.At the distance of 250 linear feet,the 12-inch water main reduces to an 10-inch water main(cast iron).Where the water main reduces from a 12-inch to an 10-inch water main,there is a 12-inch x 10-inch reducer and an 10-inch gate valve.One(1)fire hydrant with(1)individual valve,are connected to the water main.There are resident service lines that are fed by this water main,10 long-side service lines and 10 short-side service lines for a total of 20 resident service lines. Restore sod to various areas.The utility wants the water main to keep its size ration of 12-inch reducing down to 10-inch if possible. SCC-4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios,similar in nature to scopes of services,are provided to prepare cost estimates and represent hypothetical situations that require pre-chlorination pipe bursting to potable water mains. 4.1 a. The Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No.079-2821-21 Pre-Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1 b-2. Identify the line items utilized to develop the proposal; 4.1 b-2a.Call out the item verbatim in the proposal within the Boynton-beach.bidsandtenders.net City's e- procurement bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. Bid Number: 079282121 Vendor Ua e: Hebr OT T606 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. Notes Item No Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and 1-1 Indemnification /Individual 1 Ls $25.0000 $25.00 unit cost of$25 Projects Scenario Information Gc-1 Mobilization / Demobilization Per 1 Ls $22,000.0000 $22,000.00 Project Scenario Information Gc-1 Maintenance of Traffic (MOT) 1 Ls $5,500.0000 $5,500.00 Plan Per Project, City Right-of- Way Scenario Information Gc-1 Maintenance of Traffic (MOT) 1 Ls $7,700.0000 $7,700.00 Plan Per Project, Palm Beach County FDOT Roadway Scenario Information Gc-1 Pre and Post Construction Video 1 Ls $5,500.0000 $5,500.00 Scenario Information Permit Applicable Permit Allowance 1 Ea $250.0000 $250.00 (actual cost reimbursement by the City Scenario Information NPDES NPDES (if applicable) May Not 1 Ea $25.0000 $25.00 Exceed 1.5% of the Project Cost Scenario Information Drawings Record Drawings (if applicable) 1 Ea $500.0000 $500.00 Scenario Information Survey Construction Survey (if 0 Ls $0.0000 $0.00 applicable, actual cost reimbursement by the City) Scenario Information Scenario Information R-1A Sod 10000 SF $0.9500 $9,500.00 Scenario Information R-1B 6" Concrete 1500 SF $9.5000 $14,250.00 Scenario Information Scenario Information 2.3 10-Inch HDPE DR11 by Pre- 300 Lf $112.0000 $33,600.00 Chlorinated pipe bursting Scenario Information 2.4 12-Inch HDPE DR11 by Pre- 250 Lf $146.0000 $36,500.00 Chlorinated pipe bursting Scenario Information 3.2 6-Inch Gate Valve 1 Ea $1,815.0000 $1,815.00 Scenario Information 3.3 8-Inch Gate Valve 1 Ea $2,659.0000 $2,659.00 Scenario Information 3.4 10-Inch Gate Valve 1 Ea $3,542.0000 $3,542.00 Scenario Information 3.7 Install Fire Hydrant on 8-Inch 1 Ea $5,250.0000 $5,250.00 Water Main Scenario Information 3.15 Tee 12xl2x8 1 Ea $1,485.0000 $1,485.00 Scenario Information 4.1.1 Up to 1-Inch Short Side Water 10 Ea $1,485.0000 $14,850.00 Service Connection Scenario Information 4.1.4 10-Inch Water Main 10 Ea $275.0000 $2,750.00 Scenario Information 4.3.1 Up to 1-Inch Short Side Water 10 Ea $2,310.0000 $23,100.00 Service Connection Scenario Information 4.3.3 8-Inch Water Main 10 Ea $275.0000 $2,750.00 Scenario Information Subtotal: $193,551.00 SCENARIO#3-PRE-CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC—4. SCENARIO#3 Six-inch water main(Asbestos Cement)that runs in utility right-of-way at a depth of four-feet and a total length of 1000 linear feet.Presently,there are not enough fire hydrants on the street in order to meet fire suppression needs.Utility is asking that four(4),eight-inch x six-inch tees be installed along the line;position of tees will be specified by the utility,and four(4)6-inch valves to coincide with each tee for future installation of four(4)fire hydrants.Fire hydrants will be installed by the utility at a later date.There are 20 short-side services and 10 long-side services for a total of 30 resident service lines. The utility wants to upsize the water main from a 6-inch to an 8-inch water main. SCC-4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios,similar in nature to scopes of services,are provided to prepare cost estimates and represent hypothetical situations that require pre-chlorination pipe bursting to potable water mains. 4.1 a. The Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No.079-2821-21 Pre-Chlorinated Pipe Bursting of Potable Water Mains. Bid Number: 079282121 Vendor Uage '� g1r oT T606 4.1a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1 b-2. Identify the line items utilized to develop the proposal; 4.1 b-2a.Call out the item verbatim in the proposal within the Boynton-beach.bidsandtenders.net City's e- procurement bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. Notes Item No Description of Bid Item QUANITY UNIT UNIT COSTTotal Indemnification - Enter a Quantity of 1 and 1-1 Indemnification /Individual 1 Ls $25.0000 $25.00 unit cost of$25 Projects Scenario Information GC-1 Mobilization / Demobilization Per 1 Ls $22,000.0000 $22,000.00 Project Scenario Information GC-1 Maintenance of Traffic (MOT) 1 Ls $5,500.0000 $5,500.00 Plan Per Project, City Right-of- Way Scenario Information GC-1 Maintenance of Traffic (MOT) 1 Ls $7,700.0000 $7,700.00 Plan Per Project, Palm Beach County FDOT Roadway Scenario Information GC-1 Pre and Post Construction Video 1 Ls $5,500.0000 $5,500.00 Scenario Information Permit Applicable Permit Allowance 1 Ea $250.0000 $250.00 (actual cost reimbursement by the City) Scenario Information NPDES NPDES (if applicable) May Not 1 Ea $25.0000 $25.00 Exceed 1.5% of the Project Cost Scenario Information Drawings Record Drawings (if applicable) 1 Ea $500.0000 $500.00 Scenario Information Survey Construction Survey (if 0 Ls $0.0000 $0.00 applicable, actual cost reimbursement by the City) Scenario Information 1-1 Indemnification /Individual 1 Ls $25.0000 $25.00 Projects Scenario Information R-1A Sod 10000 SF $0.9500 $9,500.00 Scenario Information R-1B 6" Concrete 1500 SF $9.5000 $14,250.00 Scenario Information R-1C 3"Asphalt 200 SF $10.0000 $2,000.00 Scenario Information R-1 D Curb 120 Ls $55.0000 $6,600.00 Scenario Information 2.2 8-Inch HDPE DR11 by Pre- 1000 Lf $97.0000 $97,000.00 Chlorinated pipe bursting Scenario Information 3.2 6-Inch Gate Valve 4 Ea $1,815.0000 $7,260.00 Scenario Information 3.8 Tee 6x6x6 4 Ea $740.0000 $2,960.00 Scenario Information 4.1.1 Up to 1-Inch Short Side Water 20 Ea $1,485.0000 $29,700.00 Service Connection Scenario Information 4.1.3 8-Inch Water Main 20 Ea $275.0000 $5,500.00 Scenario Information 4.3.1 Up to 1-Inch Short Side Water 10 Ea $2,310.0000 $23,100.00 Service Connection Scenario Information 4.3.3 8-Inch Water Main 10 Ea $330.0000 $3,300.00 Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $242,695.00 Summary Table Bid Form Amount BID PROPOSAL-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $135,670.45 SCENARIO#1-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $82,750.00 SCENARIO#2-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $193,551.00 SCENARIO#3-PRE-CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS $242,695.00 Subtotal Contract Amount: $654,666.45 Bid Number: 079282121 Vendor Ua e: Hebr OT T606 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information.Please fill out and indicate in the appropriate spaces provided which category best describes your company.Return this form to make it an official part of with your Bid response. Description Response' Comments Is your company a Minority Owned business? No n/a Please select the appropriate response Not Applicable n/a Do you possess a certification qualifying your business as a Minority Owned business? No n/a Issuing organization name Input response in comments box to the right n/a Date of Issuance Input response in comments box to the right n/a Local Business Status Certification I am an authorized representative of the business and,on behalf of the Business,request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request,I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for"Local Business Status Certification"you declare that you are not a local business in the City of Boynton Beach. r We will not be submitting for Local Business Status Certification Does the business have Is the business registered with Is the business located within the City limits of Boynton Beach, a business tax receipt Number ofyears in the Florida Division of Business license number Florida? issued in the current business Corpokations? year?' r Yes r Yes r Yes r No r No r No Trench Safety Act Affidavit TRENCH SAFETY ACT AFFIDAVIT On October 1,1990,House Bill 3183,known as the Trench Safety Act became law. This incorporates the Occupational Safety&Health Administration(OSHA)revised excavation safety standards,citation 29 CFR.S.1926.650,as Florida's own standards. The Proposer,by virtue of its signature below,affirms that it is aware of this Act,and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT(90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES,NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE,THE PROPOSERS MUST COMPLETE*THIS FORM,I.E.IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS:Description,Unit,Quantity,Unit Price,Extended Price and Method Description* Unit* Quantity' Unit Price ExtendedPrice* Method* Trench box Lf 1000 12.00 12000.00 Trench box N/a n/a n/a n/a n/a n/a N/a n/a n/a n/a n/a n/a N/a n/a n/a n/a n/a n/a N/a n/a n/a n/a n/a N/A Bid Number: 079282121 Vendor Ua e: Hebr OT T606 Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate"TBD"(To Be Determined)or"TBA"(To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub-contractors The Bidder proposes the following major sub-contractors for the major areas of work for the Project. The Bidder is further notified that all sub-contractors shall be properly licensed,bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors,if required. Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award,or failed to deliver on time contracts in a similar nature,or who is not responsible(financial capability,lack of resources,etc.)to perform under this award.Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. 17 By cfickung hem I confirm that there are no Subcontrac&or(s)and the Badder shall perform the project w th th&"OWN FORCES". Jame Address Scope of work license No Contract Amount Percentage I%)ofContract Nadic testing 15291 NW 60th Avenue#106 Testing CA8214 000000 000000 Miami Lakes, FL 33014 North Point Land survey P.O. BOX 804 Survey LS5130 000000 000000 LAKELAND, FL. 33802 Documents Ensure your submission clocument(s)conforms to the following: Documents should NOT have a security password,as City of Boynton Beach may not be able to open the file.It is your sole responsibility to ensure that the uploaded document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file.If the zipped file contains more than one(1) document, ensure each document is named,in relation to the submission format item responding to.For example,if responding to the Marketing Plan category save the document as"Marketing Plan." If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. These procurement documents must be completed,signed,notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. . Bid Form-Bid form submittal.pdf-Thursday June 10,2021 10:35:04 . Anti-Kickback Affidavit-Anti Kickback form.pdf-Thursday June 10,2021 10:35:15 . Non-Collusion Affidavit of Proposer-Non-Collusion Affidavit.pdf-Thursday June 10,2021 10:35:25 . Certification Pursuant to Florida Statute&287.135-Cert.Pursuant to FL.pdf-Thursday June 10,2021 10:35:35 . Submit current Florida Professional License,including evidence of possession of required licenses or business permits-Company Licences 2 use!.pdf-Tuesday June 01, 2021 16:41:17 . Warranties-Warranties.pdf-Thursday June 10,2021 10:35:50 . E-Verify Form Pursuant to Florida Statute&448.095-E Verify.pdf-Tuesday June 01,2021 16:37:34 . Bidder's W-9-Killebrew Inc W-9 2021.pdf-Tuesday June 01,2021 16:35:07 . Submit any Supplemental information relative to this ITB-Killebrew Safety Procedures.docx-Tuesday June 01,2021 16:42:21 . Additional Document-Bid no.079-2821-21.pdf-Thursday June 10,2021 10:36:10 Bid Number: 079282121 Vendor Uage gb OT T606 Pre-Chlorinated Pipe Burst SPECIAL TERMS AND CONDITIONS PURPOSE:The purpose of this bid is to secure services of a qualified contractor(s)to demonstrate specific experience in pre-chlorinated pipe bursting of utility system water mains and to establish line item pricing for Pre-Chlorinated Pipe Bursting Projects. The scope of these specifications is for pre-chlorinated pipe bursting. The work shall include,but not be limited to: 1)Pipe bursting at various Utility locations 2)Connection of existing water services 3)Maintenance of traffic 4)Site restoration,pavement repairs,resurfacing and striping AWARD:Successful Bidder awarded shall ensure that proper and sufficient staff,equipment,organization,etc.will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission.There is no obligation on the part of the City to award the bid to the lowest bidder,or any bidder.The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City.The City shall be the sole judge of the bids and the City's decision shall be final. The City intends to award a contract to two contractors as a Primary and Secondary to the two(2)lowest,responsive,responsible bidder(s),taking into consideration experience,staffing,equipment,materials,references and past performance. TERM OF CONTRACT:The initial term of the contract awarded shall be for two(2)years,May 19,2021 through May 18,2023. Bid prices are to be firm for a period of two years.By mutual agreement between the City and the awardee(s),the City may renew the bid at the same terms and conditions for three(3)additional one(1)year periods. The City reserves the right to extend automatically for a period not to exceed an additional six(6)months in order to provide the City with continual service while a new contract is solicited,evaluated and/or awarded. INSURANCE:It shall be the responsibility of the successful bidder to maintain workers'compensation insurance,property damage,liability insurance and vehicular liability insurance,during the time any of Bidder's personnel are working on City of Boynton Beach property.The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property.Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M.Best's Key Rating Guide,latest edition. INVOICING AND PAYMENT:Payment for any and all invoice(s)that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request.Timely submission of a properly certified invoice(s)in strict accordance with the price(s)and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O.Box 310 Boynton Beach,Florida 33425-0310 All invoices submitted shall consist of an original and one(1)copy as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Bid Number: 079282121 Vendor Ua e: %ee i OT T606 Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent;be clearly marked as"partial","complete",or"final invoice." The City will accept partial deliveries.The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment,unless otherwise stated in the Contract Documents are"Net 30 Days"after acceptance of goods or services and receipt of an acceptable invoice as described herein.Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City.Should the City return an invoice for correction,the Contractor shall re-submit a corrected invoice to the City for processing. It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner.All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work.It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative,and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence,and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring,inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation,it is agreed by the parties hereto that the Utilities Director or his representative shall decide all questions,difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications,construction,prosecution and fulfillment of the Contract and task orders, and as to the character,quality,amount and value of any work done and materials furnished under or by reason of the Contract,and his estimates and decisions upon all claims,questions and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public,obstruct traffic and interfere with business,it is important that once work commences at any site,it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur,the City reserves the right to hire off duty police,erect barricades,or take whatever actions are necessary to provide for the safety of the site.All costs involved in doing so shall be just claims against Contractor or the Contractor's Performance and Payment Bond.By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Utilities Project Manager may authorize in writing an exception.Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. LIMITATIONS OF OPERATIONS: No work shall be conducted during weekends,City holidays,or past City's business hours.If such work is necessary for the proper care and protection of the work already performed or,except that permission to do such work may be secured from the Utilities Director or his designee. FIELD OFFICE: No field office will be required for these projects.However,the Contractor must provide the Utilities Project Manager or his representative with a local telephone number at which he can be contacted at any time during the performance of the work. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed,and shall be authorized to act for the Contractor.The Contractor shall maintain sufficient plant,equipment,and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work.All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used;and to the method of procedure to be used in the performance of the work. C. If the Utilities Project Manager or his representative requests it,the Contractor shall at any time before final acceptance of the work,remove or uncover such portions of the Bid Number: 079282121 Vendor Ua e: Hebr OT T606 finished work as may be directed.After examination,the Contractor shall restore said portions of the work to the standard required by the Specifications.Should the work exposed or examined prove acceptable,the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as"Extra Work." Should the work so exposed or examined prove unacceptable,the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor expense.No work shall be performed,nor materials used,without suitable supervision or inspection by the Utilities Project Manager or his representative.Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered or obligate the City to final acceptance. d. It is expressly understood that the Contractor is in all respects an independent Contractor for this work,notwithstanding that under certain conditions,he is bound to follow the directions of the Utilities Project Manager or his representative,and is in no respect an agent,servant or employee of the City. RESTORATION OF PROPERTY: Property,public or private,if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager,prior to the final acceptance of the work.Such facilities shall include but are not limited to:signalization equipment and miscellaneous hardware removed from construction site,driveways,walkways,walls,fences,mailboxes,sod,landscaping,irrigation systems,footings or underground utilities. NOTE:All street name signs shall remain in place during the period of construction except those that are required to be relocated due to interference with actual construction. All signs that are relocated or damaged by the Contractor during the course of the work shall be reinstalled or replaced at the proper location as soon as possible by the Contractor.Prior to removal of any traffic control signs that interfere with the construction,the Contractor shall provide temporary signing or other provisions to assure a continuous flow of traffic under at least the same conditions as previously existed.It shall be the Contractor's responsibility to report any signs that are found unserviceable to relevant authority. It is the Contractor's responsibility to obtain all the necessary approvals from Palm Beach County or City of Boynton Beach Public Works prior to relocating or taking any traffic control device/sign out of service. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control,the time for completion of the work may be extended by the Utilities Project Manager or his representative.Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven(7)days from Contractor's knowledge of a delay.Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City,by act or omission,intentionally and without reason,cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur.No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever;regardless of by what or by whom caused,even though by other Contractors on the same work,or by times,seasons,or weather;other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Contractor fails to start the work within the time specified,and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing,such permission shall not modify nor waive any liability of the Contractor for damages arising from non-completion of work within the time limit,but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. UTILITIES: The Contractor shall make all necessary arrangements with the utility companies concerned for maintenance of their lines during the construction period.In the event that a complete relocation of utilities is required, but has not been accomplished prior to the effective date of the "Notice to Proceed,"the Contractor,nevertheless,shall commence work under this contract and shall schedule his work to avoid interference with the utility relocation or repair work.The City will not be liable for any delay or added expense the Contractor experiences due to the activities of utility companies,nor shall the City be held responsible for any damages to any utilities due to any actions by the Contractor. PROJECT SAFETY: a. Maintenance of Traffic: The applicable portions of the Palm Beach County Traffic Manual must be adhered to.Excavated or other material or equipment stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. All traffic control devices(including signs),warning devices and barriers shall be furnished by the Contractor. It is the Contractor's sole responsibility to maintain the existing flow of traffic during the performance of all work. Bid Number: 079282121 Vendor Uage � OT T606 b. The Contractor shall provide the necessary access to all adjacent property during construction. C. Special attention shall be given for directing the flow of pedestrian and vehicular traffic,especially in areas surrounding schools.At the discretion of the Utilities Project Manager,and or his designee,the City may require the Contractor to call for and hire off-duty police officers at Contractor's expense,for directing traffic and maintaining safety if in any way his operations will curtail the use of the streets,roads and work areas specified herein. d. Traffic may be detoured only upon prior coordination with the Utilities Project Manager or his representative. MATERIALS: a. The Contractor shall provide the services of all workmen,mechanics,tradesmen and other employees trained and skilled in their various occupations and all materials and equipment.The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described,materials and workmanship of every kind shall be in keeping with industry standards.The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City,and shall properly join his work to existing or new construction. C. All materials and every process and operation of manufacture,construction and erection shall be subject to inspection at all times,and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors,or previous acceptance,shall not relieve the Contractor from the obligation to make good defects whenever discovered. PAYMENT FOR TESTS: Except when otherwise provided,the expense of all tests requested by the Utilities Project Manager or his representative will be borne by the Contractor. Procedures for making tests required by the Utilities Project Manager or his representative will be in conformance with all applicable State,County,City,AWWA,or industry testing requirements.Tests rendering unsatisfactory reports shall be cause for rejection.The cost for all retesting shall be the Contractor's responsibility. STORAGE RESPONSIBILITY: The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the continuance of the contract and until the final acceptance of the structure or work.If any materials or part of the work be lost,damaged or destroyed by any cause or means whatsoever,the Contractor shall satisfactorily repair and/or replace the same at his own cost. The Contractor shall maintain suitable and sufficient guards,barriers,and at night,suitable and sufficient light for the prevention of accidents. FINAL CLEAN UP: Upon completion of the work specified herein,and before acceptance of any part thereof,and any payment made to include final payment,the Contractor shall remove from the site completed,all machinery,equipment surplus and discarded materials and temporary structures.The disposal of all materials,rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the City Engineer.Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. P- I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Rich Bushart,Vice President,Killebrew inc The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid.Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. Bid Number: 079282121 Vendor Ua e: Hebr OT T606 I have reviewed the File Name below addendurn and Pages attachments(if applicable) Addendum No.2 Pre-Chlorinated Pipe Bursting of Potable Water Mains r 1 Thu June 3 2021 11:32 AM Addendum No.1 Pre-Chlorinated Pipe Bursting of Potable Water Mains r 2 Wed May 26 2021 10:47 AM Bid Number: 079282121 Vendor Ua e: Hebr OT T606 Bid Number: 079282121 Vendor Uage OT Y606 079282121 - Pre-Chlorinated Pipe Bursting of Potable Water Mains Opening Date: May 7, 2021 1:00 PM Closing Date: June 11, 2021 2:30 PM Vendor Details Company Name: Foster Marine Contractors 3180 Fairlane Farms RD, Suite 1 Address: Wellington, FL 33414 Contact: Kevin Schwiderson Email: bids@foster-marine.net Phone: 561-683-0034 Fax: 561-683-0335 HST#: 59-1054370 Submission Details Created On: Thursday June 03,2021 11:42:36 Submitted On: Friday June 11,2021 13:52:23 Submitted By: Kevin Schwiderson Email: bids@foster-marine.net Transaction#: e0d627b1-88f1-4de1-a16a-e36f9e7de1 33 Submitter's IP Address: 162.17.119.58 Bid Number: 079282121 Vendor Name: FosterPa ine1 �/' m 1r 06 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid,at the unit prices, and/or lump sums,hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY"and you are not bidding on it,leave the table and/or line item blank.Do not enter a$0.00 dollar value. BID PROPOSAL-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS BID PROPOSAL TO THE CITY OF BOYNTON BEACH,FLORIDA *Line Iters No.-SECTION 1 -Permits,NIPIDES,Drawings,Survey.-marked as'TBA -These lire items are pro,'gect specific and accurate costs can riot be provided. You may enter$0.00 on these line items here. *Line No.I-1 -Indemnification 0 Individual Projects You shall enter$25.00 for this iters here. *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC-4. ITEM NO DESCRIPTION ESTIMATED QUANITY I UNIT UNIT COST R TOTAL GC-1 Mobilization / Demobilization Per Project 1 LUMP SUM $5,000.0000 $5,000.00 GC-1 Maintenance of Traffic (MOT) Plan Per Project, City 1 LUMP SUM $1,000.0000 $1,000.00 Right-of-Way GC-1 Maintenance of Traffic (MOT) Plan Per Project, Palm 1 LUMP SUM $1,500.0000 $1,500.00 Beach County FDOT Roadway GC-1 Pre and Post Construction Video 1 LUMP SUM $1,000.0000 $1,000.00 Permit Applicable Permit Allowance (actual cost 1 EACH (TBA) $0.0000 $0.00 reimbursement by the City) NPDES NPDES (if applicable) May Not Exceed 1.5% of the 1 EACH (TBA) $0.0000 $0.00 Project Cost Drawings Record Drawings (if applicable) 1 EACH (TBA) $0.0000 $0.00 Survey Construction Survey (if applicable, actual cost 1 LUMP SUM $0.0000 $0.00 reimbursement by the City) (TBA) 1-1 Indemnification / Individual Projects 1 LUMP SUM $25.0000 $25.00 ($25.00) R-1A Sod 1 SQUARE FOOT $2.0000 $2.00 R-113 6" Concrete 1 SQUARE FOOT $8.0000 $8.00 R-1C 3"Asphalt 1 SQUARE FOOT $30.0000 $30.00 R-1D Curb 1 LUMP SUM $100.0000 $100.00 2.1 6-Inch HDPE DR11 by Pre-Chlorinated Pipe Bursting 1 LINEAR FOOT $135.0000 $135.00 2.2 8-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $155.0000 $155.00 2.3 10-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $180.0000 $180.00 2.4 12-Inch HDPE DR11 by Pre-Chlorinated pipe bursting 1 LINEAR FOOT $200.0000 $200.00 3.1 4-Inch Gate Valve 1 EACH $2,300.0000 $2,300.00 3.2 6-Inch Gate Valve 1 EACH $2,700.0000 $2,700.00 3.3 8-Inch Gate Valve 1 EACH $3,000.0000 $3,000.00 3.4 10-Inch Gate Valve 1 EACH $4,100.0000 $4,100.00 3.5 12-Inch Gate Valve 1 EACH $5,000.0000 $5,000.00 3.6 Install Fire Hydrant on 6-Inch Water Main 1 EACH $4,200.0000 $4,200.00 3.7 Install Fire Hydrant on 8-Inch Water Main 1 EACH $4,500.0000 $4,500.00 3.8 Tee 6x6x6 1 EACH $2,100.0000 $2,100.00 3.9 Tee 8x8x6 1 EACH $2,500.0000 $2,500.00 3.10 Tee 8x8x8 1 EACH $2,700.0000 $2,700.00 3.11 Tee 10x10x6 1 EACH $3,400.0000 $3,400.00 3.12 Tee 10x10x8 1 EACH $3,500.0000 $3,500.00 3.13 Tee 10x10x10 1 EACH $3,800.0000 $3,800.00 3.14 Tee 12x12x6 1 EACH $4,300.0000 $4,300.00 3.15 Tee 12x12x8 1 EACH $4,500.0000 $4,500.00 3.16 Tee 12x12x10 1 EACH $5,100.0000 $5,100.00 3.17 Tee 12x12x12 1 EACH $5,100.0000 $5,100.00 4.1.1 Up to 1-Inch Short Side Water Service Connection 11 JEACH J$400.0000 J$400.00 4.1.2 6-Inch Water Main 11 JEACH 1$1,550.0000 $1,550.00 4.1.3 8-Inch Water Main 11 JEACH 1$1,575.0000 $1,575.00 4.1.4 10-Inch Water Main 11 JEACH 1$1,750.0000 $1,750.00 Bid Number: 079282121 Vendor Name: FosterPa ine1 / m 1r 06 4.1.5 12-Inch Water Main 1 EACH $1,780.0000 $1,780.00 4.2.1 Up to 2-Inch Short Side Water Service Connection 1 EACH $550.0000 $550.00 4.2.2 6-Inch Water Main 1 EACH $3,425.0000 $3,425.00 4.2.3 8-Inch Water Main 1 EACH $3,550.0000 $3,550.00 4.2.4 10-Inch Water Main 1 EACH $4,000.0000 $4,000.00 4.2.5 12-Inch Water Main 1 EACH $4,150.0000 $4,150.00 4.3.1 Up to 1-Inch Long Side Water Service Connection 1 EACH $400.0000 $400.00 4.3.2 6-Inch Water Main 1 EACH $1,900.0000 $1,900.00 4.3.3 8-Inch Water Main 1 EACH $1,950.0000 $1,950.00 4.3.4 10-Inch Water Main 1 EACH $2,250.0000 $2,250.00 4.3.5 12-Inch Water Main 1 EACH $2,300.0000 $2,300.00 4.4.1 Up to 2-Inch Long Side Water Service Connection (in 1 EACH $550.0000 $550.00 casing) 4.4.2 6-Inch Water Main 1 EACH $4,800.0000 $4,800.00 4.4.3 8-Inch Water Main 1 EACH $4,900.0000 $4,900.00 4.4.4 10-Inch Water Main 1 EACH $5,000.0000 $5,000.00 4.4.5 12-Inch Water Main 1 EACH $5,200.0000 $5,200.00 5.1 6-Inch Water Main 1 EACH $8,400.0000 $8,400.00 5.2 8-Inch Water Main 1 JEACH J$9,000.0000 J$91000.00 5.3 10-Inch Water Main 1 JEACH 1$10,500.0000 $10,500.00 5.4 12-Inch Water Main 1 JEACH 1$12,500.0000 $12,500.00 Subtotal: $164,515.00 SCENARIO#1 -PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC—4. SCENARIO#1 Four-inch water main(Asbestos Cement Pipe)that runs a length of 450 linear ft.(from north to south)through the easement of a residential neighborhood at 3-feet deep.This water main loops the system;25 residents are connected to it.The four-inch water main is wet tapped off of a 20-inch transmission water main that is in a FDOT roadway and ties into an eight-inch water main 300 linear feet away on to a city roadway.Both four-inch valves are not leaking and are in good condition.Restore asphalt 200 sq.ft.of FDOT approved asphalt and any sod that needed to be removed.The utility wants the water main to be increased to a six-inch water main. SCC-4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios,similar in nature to scopes of services,are provided to prepare cost estimates and represent hypothetical situations that require pre-chlorination pipe bursting to potable water mains. 4.1 a. The Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No.079-2821-21 Pre-Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1 b-2. Identify the line items utilized to develop the proposal; 4.1 b-2a.Call out the item verbatim in the proposal within the Boynton-beach.bidsandtenders.net City's e- procurement bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. Notes Item No Description of Bid Item IQUANITY JUNIT I UNIT COST I Total Indemnification /Individual Projects- Enter 1-1 Indemnification/Individual Project 1 LS $25.0000 $25.00 a Quantity of 1 and unit cost of$25 Scenario Information GC-1 Mobilization/Demobilization 11 ILS 1$5,000.0000 1$5,000.00 Bid Number: 079282121 Vendor Name: FosterPa ine1 / m 1r 06 Scenario Information GC-1 MOT Plan per Project, City ROW 1 LS $1,000.0000 $1,000.00 Scenario Information GC-1 MOT Plan per Project, 1 LS $1,500.0000 $1,500.00 PBC/FDOT ROW Scenario Information GC-1 Pre and Post Construction Video 1 LS $1,000.0000 $1,000.00 Scenario Information Permit Applicable Permit Allowance 1 EA $1.0000 $1.00 Scenario Information NPDES NPDES (if applicable) may not 1 EA $500.0000 $500.00 exceed 1.5% of Project Cost Scenario Information Drawings Record Drawings (if applicable) 1 EA $2,000.0000 $2,000.00 Scenario Information Survey Construction Survey (if 1 LS $1.0000 $1.00 applicable) actual cost reimbursed by City Scenario Information R-1A Sod 1000 SF $2.0000 $2,000.00 Scenario Information R-1C 3"Asphalt 200 SF $30.0000 $6,000.00 Scenario Information 2.2 HDPE DR11 WM (Pipe Bursting) 450 LF $168.0000 $75,600.00 Scenario Information 4.1.1 Up to 1" Short Side Water 25 EA $400.0000 $10,000.00 Service Connection Scenario Information 4.1.2 6"Water Main 25 EA $1,550.0000 $38,750.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $143,377.00 SCENARIO#2-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC—4. SCENARIO#2 Twelve-inch(Cast Iron Pipe)water main that runs 550 linear ft.in utility right-of-way at 6-feet deep.At the distance of 250 linear feet,the 12-inch water main reduces to an 10-inch water main(cast iron).Where the water main reduces from a 12-inch to an 10-inch water main,there is a 12-inch x 10-inch reducer and an 10-inch gate valve.One(1)fire hydrant with(1)individual valve,are connected to the water main.There are resident service lines that are fed by this water main,10 long-side service lines and 10 short-side service lines for a total of 20 resident service lines. Restore sod to various areas.The utility wants the water main to keep its size ration of 12-inch reducing down to 10-inch if possible. SCC-4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios,similar in nature to scopes of services,are provided to prepare cost estimates and represent hypothetical situations that require pre-chlorination pipe bursting to potable water mains. 4.1 a. The Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No.079-2821-21 Pre-Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1 b-2. Identify the line items utilized to develop the proposal; 4.1 b-2a.Call out the item verbatim in the proposal within the Boynton-beach.bidsandtenders.net City's e- procurement bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. Bid Number: 079282121 Vendor Name: Foster�na ine1 �/' m 1r 06 Notes Item No Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and 1-1 Indemnification/Individual Project 1 LS $25.0000 $25.00 unit cost of$25 Scenario Information GC-1 Mobilization/Demobilization 1 LS $5,000.0000 $5,000.00 Scenario Information GC-1 MOT Plan, City ROW 1 LS $1,000.0000 $1,000.00 Scenario Information GC-1 Pre and Post Construction Video 1 LS $1,000.0000 $1,000.00 Scenario Information Permit Applicable Permit Allowance 1 EA $1.0000 $1.00 Scenario Information NPDES NPDES (if applicable) may not 1 EA $500.0000 $500.00 exceed 1.5% of Project Cost Scenario Information Drawings Record Drawings (if applicable) 1 EA $2,000.0000 $2,000.00 Scenario Information Survey Construction Survey (if 1 LS $1.0000 $1.00 applicable) costs reimbursed by City Scenario Information R-1A Sod 1000 SF $2.0000 $2,000.00 Scenario Information 2.3 10" HDPE DR 11 WM (Pipe 350 LF $200.0000 $70,000.00 Bursting) Scenario Information 2.4 12" HDPE DR 11 WM (Pipe 250 LF $220.0000 $55,000.00 Bursting) Scenario Information 3.2 6" Gate Valve 1 EA $2,700.0000 $2,700.00 Scenario Information 3.3 10" Gate Valve 1 EA $4,100.0000 $4,100.00 Scenario Information 3.7 Install Fire Hydrant on 8" Main 1 EA $4,500.0000 $4,500.00 Scenario Information 3.13 10x10x10 DIP Tee 1 EA $3,800.0000 $3,800.00 Scenario Information 4.1.1 Up to 1" Short Side Water 10 EA $400.0000 $4,000.00 Service Connection Scenario Information 4.1.2 6"Water Main 10 EA $1,550.0000 $15,500.00 Scenario Information 4.3.1 Up to 1" Long Side Water 10 EA $400.0000 $4,000.00 Service Connection Scenario Information 4.3.2 6"Water Main 10 EA $1,900.0000 $19,000.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $194,127.00 SCENARIO#3-PRE-CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS *Award of Contract will be based on the Total Bid Price of each Scenario* PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS. SEE SUPPLEMENTAL CONDITIONS,SCC—4. SCENARIO#3 Six-inch water main(Asbestos Cement)that runs in utility right-of-way at a depth of four-feet and a total length of 1000 linear feet.Presently,there are not enough fire hydrants on the street in order to meet fire suppression needs.Utility is asking that four(4),eight-inch x six-inch tees be installed along the line;position of tees will be specified by the utility,and four(4)6-inch valves to coincide with each tee for future installation of four(4)fire hydrants.Fire hydrants will be installed by the utility at a later date.There are 20 short-side services and 10 long-side services for a total of 30 resident service lines. The utility wants to upsize the water main from a 6-inch to an 8-inch water main. SCC-4 COST ESTIMATE PROPOSALS 4.1 Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios,similar in nature to scopes of services,are provided to prepare cost estimates and represent hypothetical situations that require pre-chlorination pipe bursting to potable water mains. 4.1 a. The Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No.079-2821-21 Pre-Chlorinated Pipe Bursting of Potable Water Mains. 4.1a-1. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; 4.1 b-2. Identify the line items utilized to develop the proposal; 4.1 b-2a.Call out the item verbatim in the proposal within the Boynton-beach.bidsandtenders.net City's e- procurement Bid Number: 079282121 Vendor Name: FosterPa ine1 / m 1r 06 bidding system. 4.2 The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. 4.3 All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. Notes Item No Description of Bid Item QUANITY UNIT UNIT COST Total Indemnification - Enter a Quantity of 1 and 1-1 Indemnification/Individual Projects 1 LS $25.0000 $25.00 unit cost of$25 Scenario Information GC-1 Mobilization/Demobilization 1 LS $5,000.0000 $5,000.00 Scenario Information GC-1 MOT Plan, City ROW 1 LS $1,000.0000 $1,000.00 Scenario Information GC-1 Pre and Post Construction Video 1 LS $1,000.0000 $1,000.00 Scenario Information Permit Applicable Permit Allowance 1 EA $1.0000 $1.00 Scenario Information NPDES NPDES (if applicable) may not 1 EA $500.0000 $500.00 exceed 1.5% of Project Cost Scenario Information Drawings Record Drawings (if applicable) 1 EA $2,000.0000 $2,000.00 Scenario Information Survey Construction Survey (if 1 LS $1.0000 $1.00 applicable) costs reimbursed by City Scenario Information 2.2 8" HDPE DR11 WM (Pipe 1000 LF $168.0000 $168,000.00 Bursting) Scenario Information 3.2 6" Gate Valve 4 EA $2,700.0000 $10,800.00 Scenario Information 3.9 8x8x6 DIP Tee 4 EA $675.0000 $2,700.00 Scenario Information 4.1.1 Up to 1" Short Side Water 20 EA $400.0000 $8,000.00 Service Connection Scenario Information 4.1.2 6"Water Main 20 EA $1,550.0000 $31,000.00 Scenario Information 4.3.1 Up to 1" Long Side Water 10 EA $400.0000 $4,000.00 Service Connection Scenario Information 4.3.2 6"Water Main 10 EA $1,900.0000 $19,000.00 Scenario Information R-1A Sod 4000 SF $2.0000 $8,000.00 Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Scenario Information Subtotal: $261,027.00 Summary Table Bid Form Amount BID PROPOSAL-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $164,515.00 SCENARIO#1-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $143,377.00 SCENARIO#2-PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS $194,127.00 SCENARIO#3-PRE-CHLORINATED PIPE BURSTING IF POTABLE WATER MAINS $261,027.00 Subtotal Contract Amount: $763,046.00 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information.Please fill out and indicate in the appropriate spaces provided which category best describes your company.Return this form to make it an official part of with your Bid response. Description Response' Comments Is your company a Minority Owned business? No No Please select the appropriate response Not Applicable N/A Do you possess a certification qualifying your business as a Minority Owned business? No N/A Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Bid Number: 079282121 Vendor Name: FosterPa ine1 / m 1r 06 Local Business Status Certification I am an authorized representative of the business and,on behalf of the Business,request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request,I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for"Local Business Status Certification"you declare that you are not a local business in the City of Boynton Beach. r We will not be submitting for Local Business Status Certification Does the business have Is the business registered with Is the business located within the City limits of Boynton Beach, a business tax receipt Florida? issued in the current Numper ofyears in the Florida Division of businessBusiness license number* *' * gear?* Corporations?*' r Yes r Yes r Yes r No r No r No Trench Safety Act Affidavit TRENCH SAFETY ACT AFFIDAVIT On October 1,1990,House Bill 3183,known as the Trench Safety Act became law. This incorporates the Occupational Safety&Health Administration(OSHA)revised excavation safety standards,citation 29 CFR.S.1926.650,as Florida's own standards. The Proposer,by virtue of its signature below,affirms that it is aware of this Act,and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT(90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES,NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE,THE PROPOSERS MUST COMPLETE*THIS FORM,I.E.IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS:Description,Unit,Quantity,Unit Price,Extended Price and Method Description* Unit* Quantity' Unit Price ExtendedPrice* Method* Slope LF TBD $1.00 TBD Slope Trench Box LF TBD $5.00 TBD Trench Box n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate"TBD"(To Be Determined)or"TBA"(To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub-contractors The Bidder proposes the following major sub-contractors for the major areas of work for the Project. The Bidder is further notified that all sub-contractors shall be properly licensed,bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-contractors,if required. Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award,or failed to deliver on time contracts in a similar nature,or who is not responsible(financial capability,lack of resources,etc.)to perform under this award.Owner reserves the right to inspect all facilities of any sub-contractor in order to make a determination as to the foregoing. r By chcHng hem V confirm that there are no Subcontraclor(s)and the Badder shall perform the project vtrh th&"OWN FORCES". Name Address Scope of work license No Contract Amount Percentage I%)ofContract Documents Ensure your submission document(s)conforms to the following: Documents should NOT have a security password,as City of Boynton Beach may not be able to open the file.It is your sole responsibility to ensure that the uploaded document(s)are not either defective,corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. Bid Number: 079282121 Vendor Name: Foster�/la ine1 Ot 1r 06 If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file.If the zipped file contains more than one(1) document, ensure each document is named,in relation to the submission format item responding to.For example,if responding to the Marketing Plan category save the document as"Marketing Plan." If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. These procurement documents must be completed,signed,notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. • Bid Form-1.Bid Form.pdf-Friday June 11,2021 12:36:34 • Anti-Kickback Affidavit-2.Anti-Kickback Affidavit.pdf-Friday June 11,2021 12:36:48 • Non-Collusion Affidavit of Proposer-3.Non-Collusion Affidavit.pdf-Friday June 11,2021 12:36:56 • Certification Pursuant to Florida Statute§287.135-4.Certification Pursuant to FS 287.135.pdf-Friday June 11,2021 12:37:06 • Submit current Florida Professional License,including evidence of possession of required licenses or business permits-5.Required Licenses.pdf-Friday June 11,2021 12:37:15 • Warranties-6.Warranties.pdf-Friday June 11,2021 13:43:20 • E-Verify Form Pursuant to Florida Statute§448.095-7.E-Verify Form.pdf-Friday June 11,2021 12:37:33 • Bidders W-9-8.Form W-9.pdf-Friday June 11,2021 12:37:43 • Submit any Supplemental information relative to this ITB-9.Supplemental Information.pdf-Friday June 11,2021 12:45:18 • Additional Document-10.Scenarios 1-3.pdf-Friday June 11,2021 13:38:14 Bid Number: 079282121 Vendor Name: FosterPa ine1 / m 1r 06 Pre-Chlorinated Pipe Burst SPECIAL TERMS AND CONDITIONS PURPOSE:The purpose of this bid is to secure services of a qualified contractor(s)to demonstrate specific experience in pre-chlorinated pipe bursting of utility system water mains and to establish line item pricing for Pre-Chlorinated Pipe Bursting Projects. The scope of these specifications is for pre-chlorinated pipe bursting. The work shall include,but not be limited to: 1)Pipe bursting at various Utility locations 2)Connection of existing water services 3)Maintenance of traffic 4)Site restoration,pavement repairs,resurfacing and striping AWARD:Successful Bidder awarded shall ensure that proper and sufficient staff,equipment,organization,etc.will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission.There is no obligation on the part of the City to award the bid to the lowest bidder,or any bidder.The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City.The City shall be the sole judge of the bids and the City's decision shall be final. The City intends to award a contract to two contractors as a Primary and Secondary to the two(2)lowest,responsive,responsible bidder(s),taking into consideration experience,staffing,equipment,materials,references and past performance. TERM OF CONTRACT:The initial term of the contract awarded shall be for two(2)years,May 19,2021 through May 18,2023. Bid prices are to be firm for a period of two years.By mutual agreement between the City and the awardee(s),the City may renew the bid at the same terms and conditions for three(3)additional one(1)year periods. The City reserves the right to extend automatically for a period not to exceed an additional six(6)months in order to provide the City with continual service while a new contract is solicited,evaluated and/or awarded. INSURANCE:It shall be the responsibility of the successful bidder to maintain workers'compensation insurance,property damage,liability insurance and vehicular liability insurance,during the time any of Bidder's personnel are working on City of Boynton Beach property.The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property.Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M.Best's Key Rating Guide,latest edition. INVOICING AND PAYMENT:Payment for any and all invoice(s)that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request.Timely submission of a properly certified invoice(s)in strict accordance with the price(s)and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O.Box 310 Boynton Beach,Florida 33425-0310 All invoices submitted shall consist of an original and one(1)copy as follows: Clearly referenced the subject Contract or Purchase Order number; Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; Bid Number: 079282121 Vendor Name: FosterPa ine1 / m 1r 06 Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent;be clearly marked as"partial","complete",or"final invoice." The City will accept partial deliveries.The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment,unless otherwise stated in the Contract Documents are"Net 30 Days"after acceptance of goods or services and receipt of an acceptable invoice as described herein.Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City.Should the City return an invoice for correction,the Contractor shall re-submit a corrected invoice to the City for processing. It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner.All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work.It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. All work must meet or exceed the State of Florida Department of Transportation Applicable Standards to include the Florida Building Code and City of Boynton Beach Standards. The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative,and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence,and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring,inspecting or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. To prevent all disputes and litigation,it is agreed by the parties hereto that the Utilities Director or his representative shall decide all questions,difficulties and disputes of any nature which may arise relative to the interpretation of the Specifications,construction,prosecution and fulfillment of the Contract and task orders, and as to the character,quality,amount and value of any work done and materials furnished under or by reason of the Contract,and his estimates and decisions upon all claims,questions and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public,obstruct traffic and interfere with business,it is important that once work commences at any site,it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur,the City reserves the right to hire off duty police,erect barricades,or take whatever actions are necessary to provide for the safety of the site.All costs involved in doing so shall be just claims against Contractor or the Contractor's Performance and Payment Bond.By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material and dimensions except when the Utilities Project Manager may authorize in writing an exception.Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. LIMITATIONS OF OPERATIONS: No work shall be conducted during weekends,City holidays,or past City's business hours.If such work is necessary for the proper care and protection of the work already performed or,except that permission to do such work may be secured from the Utilities Director or his designee. FIELD OFFICE: No field office will be required for these projects.However,the Contractor must provide the Utilities Project Manager or his representative with a local telephone number at which he can be contacted at any time during the performance of the work. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed,and shall be authorized to act for the Contractor.The Contractor shall maintain sufficient plant,equipment,and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work.All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used;and to the method of procedure to be used in the performance of the work. C. If the Utilities Project Manager or his representative requests it,the Contractor shall at any time before final acceptance of the work,remove or uncover such portions of the Bid Number: 079282121 Vendor Name: FosterPa ine1 ` m 1r 06 finished work as may be directed.After examination,the Contractor shall restore said portions of the work to the standard required by the Specifications.Should the work exposed or examined prove acceptable,the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as"Extra Work." Should the work so exposed or examined prove unacceptable,the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor expense.No work shall be performed,nor materials used,without suitable supervision or inspection by the Utilities Project Manager or his representative.Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered or obligate the City to final acceptance. d. It is expressly understood that the Contractor is in all respects an independent Contractor for this work,notwithstanding that under certain conditions,he is bound to follow the directions of the Utilities Project Manager or his representative,and is in no respect an agent,servant or employee of the City. RESTORATION OF PROPERTY: Property,public or private,if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager,prior to the final acceptance of the work.Such facilities shall include but are not limited to:signalization equipment and miscellaneous hardware removed from construction site,driveways,walkways,walls,fences,mailboxes,sod,landscaping,irrigation systems,footings or underground utilities. NOTE:All street name signs shall remain in place during the period of construction except those that are required to be relocated due to interference with actual construction. All signs that are relocated or damaged by the Contractor during the course of the work shall be reinstalled or replaced at the proper location as soon as possible by the Contractor.Prior to removal of any traffic control signs that interfere with the construction,the Contractor shall provide temporary signing or other provisions to assure a continuous flow of traffic under at least the same conditions as previously existed.It shall be the Contractor's responsibility to report any signs that are found unserviceable to relevant authority. It is the Contractor's responsibility to obtain all the necessary approvals from Palm Beach County or City of Boynton Beach Public Works prior to relocating or taking any traffic control device/sign out of service. DELAYS: a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control,the time for completion of the work may be extended by the Utilities Project Manager or his representative.Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven(7)days from Contractor's knowledge of a delay.Contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City,by act or omission,intentionally and without reason,cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur.No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever;regardless of by what or by whom caused,even though by other Contractors on the same work,or by times,seasons,or weather;other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. c. If the Contractor fails to start the work within the time specified,and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing,such permission shall not modify nor waive any liability of the Contractor for damages arising from non-completion of work within the time limit,but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. UTILITIES: The Contractor shall make all necessary arrangements with the utility companies concerned for maintenance of their lines during the construction period.In the event that a complete relocation of utilities is required, but has not been accomplished prior to the effective date of the "Notice to Proceed,"the Contractor,nevertheless,shall commence work under this contract and shall schedule his work to avoid interference with the utility relocation or repair work.The City will not be liable for any delay or added expense the Contractor experiences due to the activities of utility companies,nor shall the City be held responsible for any damages to any utilities due to any actions by the Contractor. PROJECT SAFETY: a. Maintenance of Traffic: The applicable portions of the Palm Beach County Traffic Manual must be adhered to.Excavated or other material or equipment stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic safety at all times. All traffic control devices(including signs),warning devices and barriers shall be furnished by the Contractor. It is the Contractor's sole responsibility to maintain the existing flow of traffic during the performance of all work. Bid Number: 079282121 Vendor Name: FosterPa ine1 ` ' m 1r 06 b. The Contractor shall provide the necessary access to all adjacent property during construction. C. Special attention shall be given for directing the flow of pedestrian and vehicular traffic,especially in areas surrounding schools.At the discretion of the Utilities Project Manager,and or his designee,the City may require the Contractor to call for and hire off-duty police officers at Contractor's expense,for directing traffic and maintaining safety if in any way his operations will curtail the use of the streets,roads and work areas specified herein. d. Traffic may be detoured only upon prior coordination with the Utilities Project Manager or his representative. MATERIALS: a. The Contractor shall provide the services of all workmen,mechanics,tradesmen and other employees trained and skilled in their various occupations and all materials and equipment.The request for work to be performed will require the Contractor to supply all labor, equipment, materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described,materials and workmanship of every kind shall be in keeping with industry standards.The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City,and shall properly join his work to existing or new construction. C. All materials and every process and operation of manufacture,construction and erection shall be subject to inspection at all times,and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors,or previous acceptance,shall not relieve the Contractor from the obligation to make good defects whenever discovered. PAYMENT FOR TESTS: Except when otherwise provided,the expense of all tests requested by the Utilities Project Manager or his representative will be borne by the Contractor. Procedures for making tests required by the Utilities Project Manager or his representative will be in conformance with all applicable State,County,City,AWWA,or industry testing requirements.Tests rendering unsatisfactory reports shall be cause for rejection.The cost for all retesting shall be the Contractor's responsibility. STORAGE RESPONSIBILITY: The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the continuance of the contract and until the final acceptance of the structure or work.If any materials or part of the work be lost,damaged or destroyed by any cause or means whatsoever,the Contractor shall satisfactorily repair and/or replace the same at his own cost. The Contractor shall maintain suitable and sufficient guards,barriers,and at night,suitable and sufficient light for the prevention of accidents. FINAL CLEAN UP: Upon completion of the work specified herein,and before acceptance of any part thereof,and any payment made to include final payment,the Contractor shall remove from the site completed,all machinery,equipment surplus and discarded materials and temporary structures.The disposal of all materials,rubbish and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the City Engineer.Material cleared from site and deposited on adjacent or nearby property will not be considered as having been disposed of properly. P- I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Howard Wight,President,Foster Marine Contractors,Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid.Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. Bid Number: 079282121 Vendor Name: FosterPa ine1 ` m 1r 06 I have reviewed the File Name below addendurn and Pages attachments(if applicable) Addendum No.2 Pre-Chlorinated Pipe Bursting of Potable Water Mains r 1 Thu June 3 2021 11:32 AM Addendum No.1 Pre-Chlorinated Pipe Bursting of Potable Water Mains r 2 Wed May 26 2021 10:47 AM Bid Number: 079282121 Vendor Name: FosterPa ine1 ` m 1r 06 Bid Number: 079282121 Vendor Name: Foster�na ine1 ` ' m 1r 06 9.A. City Manager's Report 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Development Director Adam Temple will provide the Commission with an update on the countywide building re-certification program that Boynton Beach, as well all PBC municipalities, are working to develop with Palm Beach County government. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1885 of 1906 12.A. Legal 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Proposed Ordinance No. 21-024- First Reading. Amending the City's candidate qualifying dates to be from Noon on the second Tuesday in November to Noon on the fourth Tuesday in November. (Tabled from the July 20, 2021 City Commission Meeting.) Proposed Resolution No. R21-088- Designating the PBC Supervisor of Elections as the City's canvassing board for municipal elections. (Tabled from the July 20, 2021 City Commission Meeting.) Explanation of Request: The Palm Beach County Supervisor of Elections has provided the attached letter, requesting that all municipalities consider certain changes in municipal charters and ordinances to ensure the efficient and cost- effective administration of future elections. These changes include: 1. Amending candidate qualifying dates to end no later than Friday, December 3, 2021; 2. Reconsider holding runoff elections; 3. Remove any Charter provisions requiring specific polling locations or specifying that polling locations be within city or town limits; 4. Consider designating the PBC Supervisor of Elections as the official Supervisor of elections, thereby becoming the single canvassing board for all municipal elections. The City Clerk would still be the City's qualifying officer for candidates. Following the recommendations above, City staff recommends the following at this time: • Amend the City's candidate qualifying dates to be a two-week period starting at Noon on the second Tuesday in November to Noon on the fourth Tuesday in November each year. For the March 8, 2022 election, the qualifying period would be from Noon on November 9, 2021 until Noon on Tuesday, November 23, 2021. • Designate the PBC Supervisor of Elections as the City's canvassing board for municipal elections. How will this affect city programs or services? Amending the qualifying period so that it ends on or before the 95th day before Election Day would accommodate statutory vote-by-mail requirements and allow the PBC Supervisory of Elections to provide administrative services for our elections. Designating the PBC Supervisor of Elections as the City's canvassing board for municipal elections would remove redundancy of officials attending to the same election activities such as the pre-election testing of tabulation equipment, opening, tabulation, duplication, and the canvassing of ballots. Fiscal Impact: Alternatives: Strategic Plan: Page 1886 of 1906 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Ordinance Ordinance amending qualifying dates for elections D Resolution Resolution appointing the SOE as Canvassing Board D Attachment SOE Charter Recommendations Regarding Qualifying Dates and Canvassing Board D Attachment Charter Section 40® Election Qualifying Dates D Attachment Laws of Florida Special Act D Attachment FIL Statute 100.3605 re Conduct of Municipal Elections Page 1887 of 1906 1 2 3 ORDINANCE 21 - 024 4 5 6 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 7 ESTABLISHING QUALIFYING DATES FOR GENERAL MUNICIPAL 8 ELECTIONS; PROVIDING FOR CONFLICTS, PROVIDING FOR 9 SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE 10 11 12 WHEREAS, Section 40 of the City Charter sets the dates for qualifying for municipal 13 elections from and including noon on the second Tuesday in January to and no later than noon on 14 the second Tuesday in February, of the year in which the election is held; and 15 WHEREAS, in order to accommodate the statutory vote-by-mail requirements, the Palm 16 Beach County Supervisor of Elections ("SOE") has "strongly recommended" that the City amend 17 its qualifying period to ensure that it ends no later than Friday, December 3, 2021, ninety-five (95) 18 days before Election Day. A copy of the SOE's request is attached hereto as Exhibit "A" and 19 incorporated herein; and 20 WHEREAS, the SOE has further advised that it may not be able to accommodate the 21 elections of those municipalities that do not change their qualifying dates, as requested; and 22 WHEREAS, Section 100.3605(2)', F.S., authorizes the City Commission, by ordinance, to 23 amend the qualifying dates set forth in the City Charter; and 24 WHEREAS, in response to the SOE's request, the City Commission seeks to change the 25 qualifying dates for the City's general elections to begin Noon on the second Tuesday in November 26 to Noon on the fourth Tuesday in November each year; and 1 100.3605.Conduct of municipal elections (1)The Florida Election Code,chapters 97-106,shall govern the conduct of a municipality's election in the absence of an applicable special act,charter,or ordinance provision. No charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision in the Florida Election Code that expressly applies to municipalities.(2)The governing body of a municipality may, by ordinance,change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes. {00457216.1306-90015211 Page 1888 of 1906 Ord. 21-024 Page 2 of 3 27 WHEREAS, the City Commission finds that changing the qualifying dates of the City's 28 general municipal elections, as requested by the SOE, is in the best interests of the citizens and 29 residents of the City. 30 NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF WESTLAKE, FLORIDA, THAT: 32 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 33 being true and correct, and are hereby incorporated herein and made a part hereof. 34 Section 2: In accordance with Section 100.3605(2),F.S., and at the request of the Palm 35 Beach County Supervisor of Elections, the qualifying dates for the City's general elections are 36 hereby established as beginning Noon on the second Tuesday in November to Noon on the fourth 37 Tuesday in November each year. 38 Section 3: Conflicts. All ordinances and parts of the City Charter or City ordinances 39 which conflict with this ordinance are hereby superseded. 40 Section 4: Severability: Should the provisions of this Ordinance be declared to be 41 severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be 42 held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 43 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 44 the legislative intent that this Ordinance shall remain notwithstanding the invalidity of any part. 45 Section 5: Effective Date: This Ordinance shall be effective upon adoption on second 46 reading. 47 Section 6. This Ordinance shall not be codified. 48 FIRST READING this 3rd day of August, 2021. 49 {00457216.1306-9001521}S:\CA\Ordinances\Ordinance Amending Election Qualifying Dates(00457216xc4b6a).Docx Page 1889 of 1906 Ord. 21-024 Page 3 of 3 50 SECOND, FINAL READING AND PASSAGE this 17th day of August, 2021. 51 52 CITY OF BOYNTON BEACH, FLORIDA 53 54 YES NO 55 Mayor— Steven B. Grant 56 Vice Mayor—Woodrow L. Hay 57 Commissioner—Justin Katz 58 Commissioner—Christina L. Romelus 59 Commissioner—Ty Penserga 60 61 VOTE 62 ATTEST: 63 64 65 Crystal Gibson, MMC 66 City Clerk 67 68 69 70 (Corporate Seal) 71 {00457216.1306-9001521}S:\CA\Ordinances\Ordinance Amending Election Qualifying Dates(00457216xc4b6a).Docx Page 1890 of 1906 I RESOLUTION NO. R21-088 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA DESIGNATING THE PALM BEACH COUNTY 5 SUPERVISOR OF ELECTIONS AS CANVASSING BOARD 6 FOR MUNICIPAL ELECTIONS; PROVIDING FOR 7 CONFLICT, SEVERABILITY,AND AN EFFECTIVE DATE. 8 9 WHEREAS, the Palm Beach County Supervisor of Elections requires that the City 10 Commission designate, by Resolution, a Canvassing Board for the City Municipal Elections, ll and 12 WHEREAS, Designating the Palm Beach County Supervisor of Elections as the City's 13 canvassing board for municipal elections would remove redundancy of officials attending to 14 the same election activities such as the pre-election testing of tabulation equipment, opening, 15 tabulation, duplication, and the canvassing of ballots; and 16 WHEREAS, the City Commission has determined that the responsibility to "canvass 17 the returns" is a ministerial and non-legislative function that can be delegated by the City 18 Commission and that the Palm Beach County Supervisor of Elections is designated as the City's 19 canvassing board for municipal elections. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 23 as being true and correct, and are hereby incorporated herein and made a part hereof. 24 Section 2. The City Commission hereby designates the Palm Beach County 25 Supervisor of Elections as the City's canvassing board for municipal elections. The Palm Beach 26 County Canvassing Board will handle the canvassing of ballots for the general municipal 27 election and for runoff elections, if necessary. i S:ACA\RESO\SOE As Canvassing Board-Reso.Docx Page 1891 o f 1906 28 Section 3. If any clause, section, or other part or application of this Resolution shall 29 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 30 unconstitutional or invalid part or application shall be considered as eliminated and so not affecting 31 the validity of the remaining portions or applications remaining in full force and effect. 32 Section 4. The City shall indemnify and hold harmless the members of the canvassing 33 board in the event either or both are the subject of litigation arising from their duties as canvassing 34 board members. 35 Section 5. This Resolution shall become effective on passage. 36 PASSED AND ADOPTED this 3rd day of August, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Woodrow L. Hay 44 45 Commissioner—Justin Katz 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Ty Penserga 50 51 VOTE 52 ATTEST: 53 54 55 Crystal Gibson, MMC 56 City Clerk 57 58 (Corporate Seal) 2 S:ACA\RESO\SOE As Canvassing Board-Reso.Docx Page 1 892 of 1906 I, Wenfly Sartory in rA ead County supervisor of Elections lectinns.org Dear Municipal Clerks, Commissions, and Councils, Congratulations to those of you who participated in a successful 2021 election cycle! The recent March Elections demonstrated the municipalities' commitment to democracy and to the voters of Palm Beach County. We were honored to work with you. The Palm Beach County Supervisor of Elections office (SOE) is committed to facilitating secure,transparent, and accurate elections.To that end, due to updates in Florida Law in recent years,we have determined that certain changes in municipal charters and ordinances are necessary to ensure the efficient and cost-effective administration of future elections. Qualifying Dates To accommodate statutory vote-by-mail requirements,the SOE strongly recommends that each municipality who has not already done so amend its qualifying period so that its qualifying period ends on or before the 9511 day before Election Day. For example, qualifying for the March 8, 2022 election would end no later than Friday, December 3, 2021, allowing the SOE staff to program the necessary elections, create and proofread the ballot language, submit ballot templates to participating municipalities for approval, print vote-by-mail ballots, and prepare those ballots for mailing. We mail the military and overseas ballots 45 days before the election. Failure to amend the qualifying period may result in the inability of the SOE to accommodate the elections of those municipalities. Our system does not allow us to "close" or move forward one city at a time, so any delay by one municipality results in our inability to move forward with the others. Runoff Elections While many municipalities no longer hold runoff elections, several still maintain provisions requiring a majority vote to win an election. Many municipalities have mentioned to us that the runoff elections are detrimental to their budgets because often the municipality has not budgeted for that expense. With so few holding runoff elections, the municipality does not benefit from the same degree of cost sharing as a Uniform Municipal Election that is held simultaneously with other municipalities. The county does not fund the municipal elections. Please understand that we are happy to hold runoff elections, but are cognizant of the cost burden it places on municipalities. If you determine that you no longer wish to have runoff elections, please revise your charters or ordinances accordingly. 240 South Military Trait.West Palm Beach.FL 334151 Post Office Box 22309,West Palm Beach.FL 33416 Telephone:561.656.6200 1 Fax Number:561.656.6287 Page 1893 of 190, � ii a A-MW n�� ~�� dy Sartory ��U!�� m Beach County Supervisor [dA0nhOD8 � �� UUC8|octiU8S.0rg Polling Locations � � It has come to our attention that some charters include provisions requiring specific polling locations or � specifying that polling locations be within city or town limits. While this may not present an issue for stand- alonee|ections,vvhennnunidpn|itiesmishtoparbdpateinunifornmorcountvxvdee|ac±\ons,thisbeconnes � logistically problematic and expensive, ifnot impossible.The SOEurges municipalities tmremove any � provisions to this effect, as it will be impossible to guarantee specific polling locations in future elections if the � municipality isjoining acountywide election. � Single Canvassing 800rdfor Uniform Municipal Elections The final question presented for consideration by the municipalities is the designation of the Palm Beach � County Supervisor ofElections asthe offcia|�upen�sorofaa�hUnifonmKAunici�a| E|ection, suchthatmne � . � single Canvassing Board may be empowered to canvass all of the municipal elections held simultaneously on a � given day.The municipal clerks would still be qualifying officers for their municipality's candidates. � This is an optional service, and each municipality can make its own determination as to whether they want to � designate the Palm Beach County Supervisor of Elections as the official Supervisor of their election.As � � required under the Florida election laws, at least one (1) member of the Canvassing Board is required to be � present during activities such as the pre-election testing of tabulation equipment (the Logic and Accuracy � test),o�oninB,te�u|etion, dup|i�mtion,andthecanvassin8ofboUots.Amnunidpa|itynoaycho�setmnnaintainits � ' � own Canvassing Board; however, if they choose to do so,the Supervisor of Elections may elect not to serve as � aCanvassing Board member for that municipality. � � In some municipalities, an election may be required in order to make these changes. The Secretary of State � has called for a Special Primary Election on November 2, 2021, for the U.S. House of Representatives District � 20 seat. While this district may not include a municipality that would be required to have an election,we will � be happy to accommodate a municipality that wishes to do so. (if the municipality is within Congressional District 2U \tmm�u\da|soresu|tinocostsavin��tothatnmunidpaUty.) P|ease |�ttheSuperv|sorofBeotions ' ' � know by July 15, 2021,whether your municipality plans to participate in the November 2, 2021 election. We � will not beable tohold anelection outside ofthis date. � � � � � � � 240 South Military Trait.West Palm Beach.FL 33415|Post Office Box 22309,West Palm Beach,FL 33416 � � Telephone:56l656.6200|Fax Number:5@�6.6287 igiQ 11,im i ii � III NEW Wendy Sartory Link9 F T POIM Beach County supervisor of Eiections Wn.pbcelections.org Again, congratulations on a successful election season. The Palm Beach County Supervisor of Elections looks forward to many future elections in partnership with our local governments. Sincerely, Wendy Sartory Link Supervisor of Elections Palm Beach County 240 South Military Trait,West Palm Beach,FL 334151 Post Office Box 22309,West Palm Beach,FL 33416 Telephone:561.656.62061 Fax Number:561.656.6287 Page 1895 of 190, Sec.40. Call by Mayor, publication of proclamation; qualification of candidates,filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, shall be called by resolution adopted by the City Commission, and in conformance with applicable state law,and published in a newspaper of general circulation in the City of Boynton Beach, Florida, once a week for two(2)consecutive weeks, and such election that may be held upon such notice. Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no sooner than noon on the first Tuesday of January, nor later than noon on the second Tuesday in January, of the year in which the election is to be held except for those years in which the first Tuesday in January is January 1, and in those years any resident of the City who wishes to become a candidate for a Commission member seat shall qualify with the City Clerk no sooner than noon on the second Tuesday of January, nor later than noon on the third Tuesday in January in those years in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. (Laws of Fla. 1947, Ch. 24398, § 131; Ord. No. 80-41, §3, 10-21-80; Ord. No. 80-46, §2, 10-31-80; Ord. No. 83-51, §2, 12-20-83; Ord. No. 01-25, §7, 7-3-01; Ord. No. 02-043, §5, 8-20-02, election of 11-5-02; Ord. No. 02-046, §2, 8-20-02; Ord. No. 08-005, §2,4-1-08; Ord. No. 12- 023, §2, 1-15-13, election of 3-12-13; Ord. No. 17-035, §3, 12-19-17) Page 1896 of 190 • Sec. 10-31. -Intent. It is the intent of this act[division] to provide for uniform filing and election dates for all municipal elections to elect municipal officers in Palm Beach County. It is not the intent of this act [division] to determine the length of terms of municipal offices. (Laws of Fla., Ch. 83-478, § 1) • Sec. 10-32. -Time for filing. Candidates for any municipal office in Palm Beach County shall file such papers and pay such fees as may be required by law with the applicable municipal clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February of the calendar year in which the election is to be held. The names of all candidates and the offices for which they have filed shall be received by the supervisor of elections from the municipal clerks by 5:00 p.m. on the first Friday after the close of qualifying. (Laws of Fla., Ch. 83-478, §2) • See. 10-33. -Date of election. Any election relating to a municipal office, other than runoff elections held pursuant to section 4 [§_jL34 J of this act or special elections, shall be held on the second Tuesday in March of the calendar year. (Laws of Fla., Ch. 83-478, §3) • Sec. 10-34. -Date of runoff election. Any municipality which by charter or local ordinance requires that a runoff election be held in the event no candidate receives a majority of the votes for an office shall hold such election on the fourth Tuesday in March of the calendar year. (Laws of Fla., Ch. 83-478, §4) • Sec. 10-35. -Date for taking office. Municipal officers elected pursuant to this act[division] shall take office no later than the last day in March of the year in which they are elected, with the specific day to be decided by local ordinance. (Laws of Fla., Ch. 83-478, § 5) • Sec. 10-36. -Initial elections under act. Initially, any municipal officer whose term of office expires subsequent to July 1 in any calendar year shall stand for reelection in March of the following calendar year and shall continue in office until the election of his successor. Initially, any municipal officer whose term of office expires prior Page 1897 of 1906' to and including July I in any calendar year shall stand for reelection in March of that calendar year. The provisions of this section shall apply only to the first election for each office to be held under the provisions of the [this] act[division]. Thereafter, the terms of all municipal offices shall correspond to the dates provided pursuant to this act[division]. (Laws of Fla., Ch. 83-478, § 6) • Sec. 10-37. -Absentee ballots. The general law in regard to absentee ballots shall apply to all absentee ballots for municipal elections, except that the words "municipal clerk" shall be substituted whenever the word "supervisor" appears in those sections concerning absentee ballots. However, the supervisor of elections may handle absentee ballots for any municipality which so requests. (Laws of Fla., Ch. 83-478, § 7) • Sec. 10-38. -Effect on local legislation. The provisions of this act[division]shall supersede any municipal charter provisions; however,the governing body of any municipality may exempt itself from the provisions of subsections (1) through (7) of this section [sections 10-31 through 10-37 of this division] by adopting an ordinance declaring its exemption.Also the governing body of any municipality may, by ordinance and without referendum, amend its municipal charter to conform to the provisions of this act[division]. (Laws of Fla., Ch. 83-478, § 8) • Sec. 10-39. -Effective date. This act[division]shall take effect January 2, 1984. (Laws of Fla., Ch. 83-478, § 9) Page 1898 of 1906 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2020 �/ Go The 202o Florida Statutes Title IX Chapter 100 View Entire ELECTORS AND GENERAL, PRIMARY, SPECIAL, BOND, AND Chapter ELECTIONS REFERENDUM ELECTIONS 100.3605 Conduct of municipal elections.— (1) The Florida Election Code, chapters 97-106, shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision. No charter or ordinance provision shall be adopted which conflicts with or exempts a municipality from any provision in the Florida Election Code that expressly applies to municipalities. (2) The governing body of a municipality may, by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes. History.—s. 2, ch. 95-178. Copyright© 1995-2021 The Florida Legislature • Privacy Statement • Contact Us Page 1899 of 1906 http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0100-01... 7/12/2021 13.A. Future Agenda Items 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Presentation on activation of the Historic Woman's Club of Boynton Beach. - August 17, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1900 of 1906 13.B. Future Agenda Items 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Discuss draft ordinance establishing monument policy. -August 17, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1901 of 1906 13.C. Future Agenda Items 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Mayor Grant requested a discussion about the possibility of a Parks& Recreation Bond. -August 17, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1902 of 1906 13.D. Future Agenda Items 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Discuss conveyance of property from City of Boynton Beach to Lutheran Services of Florida for future Head Start location. -August 17, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1903 of 1906 13.E. Future Agenda Items 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Discuss letter of intent from Alan Sperling, LLC to purchase LeisureWle parcel and disposition process. -August 17, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1904 of 1906 13.F. Future Agenda Items 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Select University to conduct Redistricting Study per Charter requirements after each Census-September, 2021. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1905 of 1906 13.G. Future Agenda Items 8/3/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/3/2021 Requested Action by Commission: Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1906 of 1906