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02-24-15 Regular Meeting Agenda City of Delray Beach • Regular Commission Meeting Tuesday, February 24, 2015 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall RULES FOR PUBLIC PARTICIPATION The City of Delray Beach welcomes public engagement during City Commission meetings and requests that citizens adhere to the following Rules for Participation: 1. PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time allocated. Public comment shall be allowed as follows: A. Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. B. Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections at the time these items are heard by the Commission. C. Citizens that request to do a presentation that is on a portable flash drive device or CD/DVD, must provide their media to the City Clerk no later than 12:00 pm one day prior to the meeting where they wish to present. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address the Commission should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243-7010, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 -Fax: (561) 243-3774 www.mydeiraybeach.com REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. APPROVAL OF MINUTES: A. NONE 5. PRESENTATIONS: A. I.M.P.A.C.T. Graduation B. Spotlight on Education—Village Academy 6. COMMENTS AND INQUIRIES ON AGENDA AND NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PRESENTATIONS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 7. AGENDA APPROVAL 8. CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT/2645 MEDICAL CENTER: Approve a final subdivision plat for the 2645 Medical Center, for the construction of a two-story medical and Class "A" office building located on the east side of North Federal Highway, south of Gulfstream Boulevard. B. GRANT SUBMITTAL TO THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO)/ IMPROVEMENT PROJECT ALONG SEACREST BLVD: Provide authorization to submit a grant proposal to the Palm Beach Metropolitan Planning Organization (MPO) Transportation Enhancement Program for a maximum award value of $750,000.00 to be available in FY 2018-2019 for improvements along Seacrest Boulevard from N.E. 22"—d Street to Gulfstream Boulevard. C. GRANT SUBMITTAL TO THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO)/ TRANSPORTATION ALTERNATIVE PROGRAMS: Provide authorization to submit four (4) Ilrant proposals to the Palm Beach Metropolitan Planning Organization (MPO) Transportation Enhancement Program for a maximum award value of$17,000,000.00 to be available in FY 2017 through FY 2021 for Bike Lanes on South Swinton to 41h- Street, Phase 2 of Homewood Bike Lanes, Expansion of Shuttle Route Service, and Delray Beach Greenway – 1St Mile, Lowson Blvd to Atlantic Ave. D. CONTRACT AWARD TO MULTIPLE VENDORS: Consider Contract award to Foster Marine Contractors, Inc., Hinterland Group, Inc., Murray Logan Construction, Inc., D.S. Eakins Construction Corporation, and DP Development of the Treasure Coast, LLC. at an annual estimated cost of $250,000.00 for all five vendors to piggyback the current City of West Palm Beach Master Contract for Utility Construction Services (RFQ 13-14-407), to perform emergency and specialized construction work with City Staff support. Funding is available from various sources. This recommendation for award is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(7) "Utilization of Other Governmental Entities' Contracts". E. RESOLUTION NO. 07-15/LOCAL AGENCY PROGRAM AGREEMENT (LAP) WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/ N.E. 2ND AVENUE/SEACREST BEAUTIFICATION PROJECT: Approve Resolution No. 07- 15 to execute the Local Agency Program (LAP) agreement with Florida Department of Transportation (FDOT) for the funding of the N.E. 211d Avenue and Seacrest Beautification Project (P/N 11-067). F. HOLD HARMLESS AGREEMENT /GARBER DELRAY, INC. /DELRAY BUICK: Approve Hold Harmless Agreement with Delray Buick located at 2400 South Federal Highway provide the City with a one year warranty for all work completed within Florida Department of Transportation (FDOT) right-of-way. G. RESOLUTION NO. 11-15/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/MAINTENANCE MEMORANDUM OF AGREEMENT: VENETIAN AND GLEASON SIGNAL: Approve Resolution No. 11-15 to execute the Maintenance Memorandum of Agreement (MMOA) with Florida Department of Transportation (FDOT) for the maintenance of the color coated trombone mast arm assemblies (including the upright pole and arm) located at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street. H. CHANGE ORDER NO. 4/SEALAND CONTRACTORS CORP./FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Approve Change Order No. 4 to Sealand Contractors Corp. in the amount of$173,299.54 decrease and final paw in the amount of$19,189.57 to B & B Underground, Inc. for additional scope of a turn lane, bike lane, repair of deficient city-owned pipes prior to paving. This is in compliance with Code of Ordinances, Chapter 36, Section 36.06(A)(1), "Change Orders; Beyond the Scope of Work", and 36.06(A)(3), "Change Orders, Extension of Completion Dates". I. CONTRACT AWARD/ BARWICK ROAD GUARDRAIL/ SOUTHEAST GUARDRAIL AND ATTENUATORS (SGA): Approve a "piggyback" contract award to Southeast Guardrail and Attenuators (SGA) in the amount of$71,325.00 to piggyback the current Palm Beach County contract for the construction of the guardrail along Barwick Road from Lake Ida Road to Sable Lakes Road. Funding is available from 334-3162-541-65.36 (General Construction Fund/Capital Outlay/Barwick Road). J. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-RECIPIENT FUNDING AGREEMENT/LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. Approve and authorize execution of a Sub-Recipient Funding Agreement with Legal Aid Society of Palm Beach County, Inc. under the Community Development Block Grant (CDBG) program for FY 2014-2015, with total funding in the amount of $4,000.00. Funding is available from 118-1966-554-82.16 (Neighborhood Services: Aid to Private Organizations/Legal Aid Society of Palm Beach County). K. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB-RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES (ACCF): Approve and authorize execution of a Sub-Recipient Funding Agreement with Achievement Center for Children and Families (ACCF) under the Community Development Block Grant (CDBG) program for FY 2014-2015,with total funding in the amount of $56,744.00. Funding is available from 118-1966-554-82.09 (Neighborhood Services: Aid to Private Organizations/Child Care Center). L. EXTENSION OF FOOD TRUCK PILOT PROGRAM: Approve a six-month extension of the Food Truck Pilot Program from March 1, 2015 through August 31, 2015. M. AMENDMENT TO USER AGREEMENT/ ELITE PROTECTION SERVICES: Approve renewal of a User Agreement with Elite Protection Services to provide initial emergency medical services (EMS) response within the Delaire Country Club. N. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000/ ZOLL MEDICAL CORPORATION: Approval for FY 2015 spending with Zoll Medical Corporation in an amount not to exceed $50,000.00 for the purchase of cardiac monitoring equipment and other critical medical equipment. This is in compliance with the Code of Ordinances, Chapter 36 Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". 0. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000/MUNICIPAL EQUIPMENT COMPANY: Approval for FY 2015 spending with Municipal Equipment Company in an amount not to exceed $150,000.00 for the purchase of structural firefighting clothing (bunker gear) and loose firefighting equipment such as fire hoses, nozzles, tools, etc.. This is in compliance with the Code of Ordinances, Chapter 36 Section 36.03(B), "Multiple Acquisitions from Vendor Exceedinjj $25,000.00 in Any Fiscal Year". P. ADVANCED APPROVAL FOR FY 2015 SPENDING GREATER THAN $25,000/ FISHER SCIENTIFIC COMPANY: Approval for FY 2015 spending with Fisher Scientific Company in an amount not to exceed $50,000.00 for the purchase of monitoring/identification equipment for hazardous materials response, and self- contained breathinll apparatus (SCBA) supplies and equipment.. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in Any Fiscal Year". Q. INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY: REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT: Approve an Interlocal Agreement between the City and Palm Beach County for the reimbursement of costs related to Emergency Medical Services Grant Equipment not to exceed $17,780.00. R. ACCEPTANCE OF WATER AND SEWER EASEMENT DEEDS/ DELRAY MEDICAL CENTER, INC.: Approve acceptance of a water and sewer easement deed; and a water easement deed for the property associated with Delray Medical Center, Inc. at 5270 Linton Boulevard. S. APPROVAL OF FY 2015 SPENDING GREATER THAN $25,000.00/ SUNGARD PUBLIC SECTOR, INC.: Approval of the purchase of two web access modules — one Employee Self-Serve module which would allow employee access to their pay information and one Vendor Self-Serve module which would allow vendors to register online. The total cost of the purchase is $27,635.00. This is in compliance with the Code of Ordinances, Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000.00 in any Fiscal Year." T. RESOLUTION NO. 14-15: Approve Resolution No. 14-15 regarding the March 10, 2015 First Nonpartisan Election. U. PROCLAMATIONS 1. Myeloma Awareness Month - March 2015 2. Florida Bicycle Month - March 2015 3. Boys and Girls Club Day - March 19, 2015 4. Arbor Day—April 22, 2015 V. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 15, 2015 through February 6, 2015. W.AWARD OF BIDS AND CONTRACTS: 1. Bid award to The Gehring Group (RFQ 2015-12) in the annual estimated amount of$130,000 for the first three years (1-3), and $137,000.00 for years four through six (4-6) for Employee Healthcare Benefits Consulting. The method of acquisition for award was performed in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from 551-1576-591-31.90 (Risk Manamement Fund: Professional Services/Other Professional Service). 2. Bid award to Johnson-Davis, Inc. in the amount of $167,510.00 for the construction of the Dover/Lowson Culvert replacement (Bid No. 2015-23). This is in compliance with Chapter 36, Section 36.02(A)(1), "Competitive Bids". Fundinji is available from 448-5461-538-69.30 (Storm Water Utility Fund: Other Improvements/Dover/Lowson Culvert Replacement). 3. Contract award to DB Ecological Services, Inc. in the amount of $40,801.00 for the Marine Turtle Monitoring Services (P/N 2014-097). The method of acquisition for services under this award was performed in compliance with the Code of Ordinances, Chapter 36, Section 36.02(A)(1), "Competitive Bids". Funding is available from 332-4164-572-31.30 (Beach Restoration Fund: Professional Services/Engineering/Architectural). 4. Contract award to Special Products Group (SPG) in an annual amount not to exceed $95,000.00 for class "B" uniform procurement for Police Department personnel. Funding is available from 001-2111-521-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service), 001-2111-522-52.27 (General Fund: Operating Supplies/Equipment less than $1,000) 001-2115-521-52.22 (General Fund: Operating Supplies/Uniforms/Linen Service) and 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment less than $1,000). 9. REGULAR AGENDA: A. WAIVER REQUEST/S.E. 2ND—AVENUE PARKING LOT: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance", to reduce the required stacking distance from 5 feet to 0 feet along the frontage for S.E. 211d Avenue Parking Lot, whereas a minimum five foot (5') stacking distance is required for parking lots with one (1) to twenty (20,) parking spaces. (Quasi-Judicial Hearing) B. WAIVER REQUEST/249 PLAZA PARKING LOT: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.9(D)(3)(c)(1), "Stacking Distance", to reduce the required stacking distance from 20 feet to 10 feet at two (2) entrances along the rear alleyway for 249 Plaza, whereas a minimum 10 foot (10') stacking distance is required for parking lots with twenty-one (21) to fifty (50) parking spaces. (Quasi-Judicial Hearina) C. RESOLUTION NO. 13-15/UTILITIES TAX REVENUE REFUNDING AND IMPROVEMENT BONDS 2015 SERIES: Consider approval of Resolution No. 13-15 to authorize the issuance of not more than $44,000,000.00 in Delray Beach Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015, for the purpose of refundinll and financinll certain municipal projects within the City. D. RESOLUTION NO. 15-15: BEST INTEREST ACQUISITION/ CDW- GOVERNMENT, INC.: Consider approval of Resolution No. 15-15 for the acquisition of one hundred forty-five (145) Panasonic Toughbook Laptops from CDW-Government, Inc. for the Police Department, declaring by a four-fifths affirmative vote that the City's Sealed Competitive Method is not in the best interest of the City. This request is in compliance with the Code of Ordinances, Chapter 36, Section 36.02(C)(11), "Best Interest Acquisitions". 10. PUBLIC HEARINGS: A. ORDINANCE NO. 02-15 (SECOND READING/SECOND PUBLIC HEARING): Consider city-initiated Amendment to the Land Development Regulations (LDR) of the City of Delray Beach; Repealing and Replacing Section 4.4.13 "Central Business District (CBD)" with new zoning regulations; reducing the allowable building height on Atlantic Avenue between Swinton Avenue and Intracoastal Waterway; providing a Saving Clause, a General Repealer Clause, and an effective date. B. ORDINANCE NO. 03-15 (SECOND READING/SECOND PUBLIC HEARING): Consider city-initiated amendment to the Land Development Regulations of the City of Delray Beach; amending Article 4.4, "Table of Contents"; amending Section 2.2.3 (D), "Site Plan Review And Appearance Board"; amending Section 2.4.5(F), "Site And Development and Master Development Plans (MDP)"; amending Section 2.4.6 (F), "Temporary Parking Lots"; amending Section 4.1.1(A), "Base Zoning Districts"; amending Section 4.3.3(I), "Community Residential Homes And Group Homes"; amending Section 4.3.3(S), "Antennas Not Located on Telecommunications Towers"; amending Section 4.3.4(,), "Height"; amending Section 4.3.4(K), "Development Standards Matrix"; repealing Section 4.4.28, "Central Business District – Railroad Corridor (CBD-RC)"; amending Section 4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts With a Thirty-Five (35) Foot Height Limitation"; amending Section 4.6.9(C)(1), `Bicycle Parking"; amending Section 4.6.9(E)(3), "Location of Parking Spaces, In-Lieu Fee"; amending Section 4.6.9(E)(4), "Public Parking Fee"; amending Section 4.6.16(H)(4), "Foundation Landscaping Requirements"; amending Section 4.6.16(H)(5), "Special Landscape Regulations for Properties Within The Central Business District (CBD)"; amending Section 4.6.18 (B), "Buildings Within The Downtown Area"; amending Section 6.3.3(F), "Regulations Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending Appendix A "Definitions". C. ORDINANCE NO. 04-15 (SECOND READING/SECOND PUBLIC HEARING): Consider a city-initiated rezoning of properties zoned CBD-RC (Central Business District- Railroad Corridor) to CBD (Central Business District) for two areas, with the north area generally located between NE 41h- Street and N.E. 2"—d Street and extending from the north-south alleyway west of N.E. 3rd Avenue to the east of the FEC Railway; and, the south area generally located between S.E. 2"—d Street and S.E. 71h Street, east of and west of the FEC Railway. 11. FIRST READINGS: A. ORDINANCE NO. 05-15 (FIRST READING): Consider an amendment to Title VII "Traffic Code" of the Code of Ordinances creating a new Section 71.031, titled "Parking in the Marina Historic District"; establishing a Restricted Parking Zone that restricts On-Street parking to residents; establishing the procedure for residents to obtain a permit for On-Street parking; setting permit fees; establishing penalties; providing a Saving Clause, a General Repealer Clause, and an effective date. If passed, a public hearing will be held on March 17, 2015. B. ORDINANCE NO. 06-15 (FIRST READING): Consider an amendment to Chapter 36, "Acquisition of Goods and Services and Disposal of Cily Property", of the Code of Ordinances, and an effective date. If passed, a public hearing will be held on March 17, 2015. 12. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission w MEMORANDUM W TO: Mayor and City Commissioners FROM: Dot Bast, Human Resources Administrator Shirley O'Neal McKennon, Human Resources Director THROUGH: Donald B. Cooper, City Manager DATE: January 23, 2015 SUBJECT: AGENDA ITEM 5.B.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 I.M.P.A.C.T GRADUATION BACKGROUND LM.P.A.C.T. Delray is the City's year-long mentoring program that develops leaders for future promotions. Nine employees successfully completed the requirements and will receive their graduation plaques. FINANCIAL DEPARTMENT REVIEW Not applicable. OPERATING COST Not Applicable. FUNDING SOURCE Not Applicable. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Michael Coleman, Interim Director, Community Improvement THROUGH: Donald Cooper, City Manager DATE: January 30, 2015 SUBJECT: AGENDA ITEM 5.A.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 SPOTLIGHT ON EDUCATION-VILLAGE ACADEMY BACKGROUND Village Academy Principal, Guam Sims, will be presenting his school's goals and accomplishments. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 27, 2015 SUBJECT: AGENDA ITEM 8.A.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 FINAL SUBDIVISION PLAT/2645 MEDICAL CENTER BACKGROUND The item before the Board is that of approval of a final minor subdivision boundary plat for a two-story medical and Class "A" office building being platted as 2645 Medical Center. The subject property is located on the east side of North Federal Highway(US 1), south of Gulfstream Boulevard. The subject site is comprised of two (2) parcels totaling 36,750 sq. ft. (0.8437 acres). The subject parcels are legally described as Lots 28 and 29 of Delray Beach Estates according to the plat thereof, as recorded in Plat Book 21, Page 13 in the public records of Palm Beach County. The northernmost parcel (Lot 28) is 0.3834 acres (16,700 sq. ft.) contains a 624 sq. ft. utility building fronting along US 1 that was constructed in 1943 and will be demolished with future development of the site. The southernmost parcel (Lot 29) is 0.4603 acres (20,050 sq. ft.) and is currently vacant. On May 28, 2014, by a vote of 3-2, the Site Plan Review and Appearance Board (SPRAB) conditionally approved a Class V Site Plan associated with construction of a two-story, 11,311 sq. ft. building with a medical office on the ground level and four (4) Class "A" professional offices on the upper level. The associated Landscape Plans and Architectural Elevations were also conditionally approved by a vote of 5-0. Due to opposition of the approved location of the dumpster (northeast corner of site), a vote was reconsidered by the Board to allow the applicant the option to relocate the dumpster to either the northwest corner of the site or shift it south from the approved location by relocating approximately four (4) parking spaces. The subsequent CLV Site Plan vote was approved by a 5-0 vote. Coincidently, the City Attorney invalidated the vote for the 5-0 approval of the CLV Site Plan at the June 11, 2014 meeting, due to the applicant's opposition to relocating the dumpster enclosure area. Thus, the original 3-2 approval vote, which did not include relocation of the dumpster enclosure area remained valid. On August 19, 2014, the applicant resubmitted revised plans which relocated the dumpster to the southeast corner of the site. Since this option had not been previously vetted by staff or the Board, the CLV Site Plan and Landscape Plan have returned for further consideration. On September 19, 2014, SPRAB approved the Class V Site Plan and Landscape Plan associated with relocation of the dumpster to the southeast corner of the site for the 2645 Medical Offices development by a vote of 7-0. DISCUSSION The replat combines Lot 28 and Lot 29 of Delray Beach Estates into Lot 28A and will contain the following: • Construction of a two-story 11,311 sq. ft. building with 5,693 sq. ft. of medical office space on the ground level and 5,618 sq. ft. of Class "A" office space on the upper level • Construction of a 50 space parking lot with associated landscaping • A dumpster and enclosure at the southeast corner of the site The final boundary plat dedicates a 10' wide north/south water and sewer easement running along the entire length of the western property line. This 10' wide easement is to accommodate a 12" water main and a 10" wide sewer main running parallel to the western property boundary. Drainage will be accommodated on site via an exfiltration trench system located within a dedicated 10' wide drainage easement running east/west near the northern and southern property boundaries and parallel to the eastern boundary. Electrical power to the site will be accommodated via the installation of a FP&L transformer to be located at the southwest corner of the site. The transformer and associated underground main will be located within a dedicated 10' wide general utility easement. Access to the site will be taken directly from North Federal Highway (US1) via 2 entrances, one located near the northern property boundary and one located near the southern property boundary. No dedications will be required for access purposes. The ultimate right-of-way width for this section of Federal Highway according to the City's Transportation Element of the Comprehensive Plan is 120 feet. This equates to sixty feet (60') of right-of-way on either side of the road. Currently fifty feet (50') of right-of-way exists from property line to road centerline. Since US 1 is under the jurisdiction of the Florida Department of Transportation (FDOT), written confirmation from FDOT shall verify that the existing right-of-way width is sufficient. A written confirmation was received via email on October 13, 2014 from Raj Shanmugam, PE, District Traffic Access Manager, stating that there is no need for additional right-of-way at this time. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Site Plan Review and Appearance Board report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and compliance with the Land Development Regulations can be made. It is also noted that a complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. REVIEW BY OTHERS On September 10, 2014, a Class V Site Plan, Landscape Plan and Architectural Elevations was approved by the Site Plan Review and Appearance Board (SPRAB) for the construction of a two-story medical/Class "A" office building development to be known as 2645 Medical Office. A full analysis of the proposed development, including the required findings, is provided in the attached SPRAB staff report. Courtesy Notices have been provided to the following groups and neighborhood associations: • Delray Citizen's Coalition • Old Palm Grove HOA • La Hacienda • Kokomo Key • Estuary Courtesy notices have also been provided to the following local and/or neighboring citizens and communities: • Kevin Osborn • Dagmar Hartung & Steve Goindoo • Town of Gulfstream The Planning & Zoning Department has not received any letters of opposition to the plat. Future letters of objection or support, if any, will be provided at the City Commission meeting. RECOMMENDATION Move approval of the Final Subdivision Plat for 2645 Medical Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(K)(Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. SUM PLAN REVIEW AND APPEARANCE BOARD T ---STAFF REPORT- MEETING DATE: September 10, 2014 ITEM: 2645 Medical Office Reconsideration — Class V Site Plan and Landscape Plan associated with relocation of the dumpster to the southeast corner of the site. GENEFCAL DATA: Applicant/Agent.................. Richard Jones Architecture } GULF STREAM i8kL€VARO Owner............................... JM TODO LLC Address..................... ...... 2645 North Federal Highway Location............................ On the east side of North Federal Highway (US1), south of Gulfstream Boulevard Property Size......................... 36,750 sq. ft. (0.8437 acres) Proposed GFA.................. 11,311 sq. ft. Existing FLUM...................... GC (General Commercial) Proposed 1=LUM.................... No Change Current Zoning GC General Commerciale Proposed Zoning................... No Change Adjacent Zoning North: GC General Commercial West: AC (Automotive Commercial) ...a South: GC (General Commercial) East. N/A (Town of Gulfstream) ---- I■ Existing Land Use................. Vacant Proposed Land Use.....--..... Professional and Medical Offices f Water Service.................... Provided via a 12" water main in the adjacent right-of-way along US1 Sewer Service.................. Provided via a 10" sewer main in the adjacent right-of-way along US1 ITEM BEFORE THE BOARD The item before the Board is the approval of the following aspects of a Class V site plan request for 2645 Medical Office, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): ® Site Plan; and, ❑ Landscape Plan. The subject site is located on the east side of North Federal Highway (US1), south of Gulfstream Boulevard. ::BACKGROUND ANALYSIS The subject site is comprised of two (2) parcels totaling 36,750 sq. ft. (0.8437 acres). The subject parcels are legally described as Lots 28 and 29 of Delray Beach Estates according to the plat thereof, as recorded in Plat Book 21, Page 13 in the public records of Palm Beach County. The northernmost parcel (Lot 28) is 0.3834 acres (16,700 sq. ft.) contains a 624 sq. ft. utility building fronting along US1 that was constructed in 1943 and will be demolished with future development of the site_ The southernmost parcel (Lot 29) is 0.4603 acres (20,050 sq. ft.) and is currently vacant. On May 28, 2014, by a vote of 3-2, the Site Plan Review and Appearance Board (SPRAB) conditionally approved a Class V Site Plan associated with construction of a two-story, 11,311 sq. ft. building with a medical office on the ground level and four (4) Class "A" professional offices on the upper level. The associated Landscape Plans and Architectural Elevations were also conditionally approved by a vote of 5-0. Due to opposition of the approved location of the dumpster (northeast corner of site), a vote was reconsidered by the Board to allow the applicant the option to relocate the dumpster to either the northwest corner of the site or shift it south from the approved location by relocating approximately four (4) parking spaces. The subsequent CLV Site Plan vote was approved by a 5-0 vote. Coincidently, the City Attorney invalidated the vote for the 5-0 approval of the CLV Site Plan at the June 11, 2014 meeting, due to the applicant's opposition to relocating the dumpster enclosure area. Thus, the original 3-2 approval vote, which does not include relocation of the dumpster enclosure area remains valid. On August 19, 2014, the applicant resubmitted revised plans which relocated the dumpster to the southeast corner of the site. Since this option had not been previously vetted by staff or the Board, the CLV Site Plan and Landscape Plan have returned for further consideration. Now before the Board for approval is a Class V Site Plan and Landscape Plan associated with relocation of the dumpster to the southeast corner of the site for the 2645 Medical Offices, PROJECT DESCRIPTION The development proposal consists of the following: ❑ Construction of a 11,311 sq. ft. (gross floor area) two-story building ❑ Provision of 5,693 sq. ft. of medical office space on the ground level ❑ Provision of 5,618 sq. ft. of Class "A" office space on the upper level SPRAB Staff Report: Meeting of 9110/14 2545 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 2 71 Construction of a 50 space parking lot ® Provision of a dumpster enclosure area in the southeast corner of site ® Provision of an underground generator fuel tank in the northwest corner of site ® Provision of a one-way ingress accessway at the southernmost entry to site ® Provision of a two-way ingress/egress accessway at the northern access to site ® Provision of a pedestrian pathway connector to US1 ® Installation of bicycle racks along pedestrian pathway ® Installation of associated interior and perimeter landscaping ® Installation of associated on-site freestanding light pole fixtures ® Construction of a flag pole entry feature to building SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Please note the Land Development Regulations (LDR) Section 4.3.4(1() - Development Standards Matrix for Non-Residential Zoning Districts which apply to General Commercial (GC) zoning districts: GC Min. Min_ Min. Min. Lot Min. Min. Min.* Min.* Min, Max. Min. Lot Lot Lot Frontage Open Front Side Side Rear Bldg. Buffer Size Width Depth (ft.) Space Setback Interior Interior Setback Height (ft.) (acres) (ft.) (ft.) N (ft.) Setback Setback (ft.) Min/Max (ft.) -S ft. -N Required 0 0 0 0 25 5115 0 0 10 48 10** Provided 0.817 200 149 200 25.1 10 73'10" 56'2" 68'2" 30'5" 10 All items are in compliance with applicable sections of the Land Development Regulations. However, the mean roof height shall be corrected in the site data chart on the site plan. This is a condition of approval. *For interior lots, when there is no dedicated access to the rear of any structure, a ten foot (10') side interior setback is required on one (1) side only[LDR Section 4.4.9.F.1]. **If the front faces the roadway and no parking or vehicular circulation areas are proposed between the building and the right-of-way, then the ten foot(10') landscape buffer is not required (LDR Section 4.3.4_H.6.b.21. SPRAB Staff Report: Meeting of 9110/14 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 3 LDR Article-4.6- Supplemental District Regulations: Lighting: Pursuant to LDR Section 4.6.8, site lighting limited to a maximum height of 25' must be provided on-site and be consistent with the illumination level requirements included in Section 4.6.8. The proposed cut sheet details for the freestanding pole mounted light fixtures do not clearly indicate the height. A detail shall be provided which indicates that all pole mounted light fixtures are consistent with the 25' maximum height requirement. This is attached as a condition of approval. The proposed photometric plan is inconsistent with the Illumination Levels and Uniformity criteria_ These criteria require a maximum foot candle level of 120 and a minimum foot candle level of 1.0 for the entire site. The photometric plan summary data chart indicates a maximum foot candle level of 4.2 and a minimum foot candle level of 0.1. It is also noted that the newly created dumpster area, in addition to the parking row in the northeast corner of the site, the parking row abutting the north facade of the building, accent pathways and building entrances do not show point calculations. The photometric plan must be modified to demonstrate compliance with LDR Section 4.6.8. This is attached as a condition of approval. Parking: Pursuant to LDR Section 4.6.9(C)(4)(a), business and professional offices shall provide 4 spaces per 1,000 sq. ft, of net floor area up to 3,000 sq. ft. and then 3.5 spaces per 1,000 sq. ft. of net floor area over the initial 3,000 sq. ft. For the proposed 4,365 sq. ft. of net floor area for the professional offices proposed on the second floor, twelve (12) parking spaces shall be provided for the first 3,000 sq. ft., then an additional five (5) parking spaces for the remainder 1,365 sq. ft. Therefore, a total of seventeen (17) parking spaces are required based on the net floor area for the proposed business and professional offices on the second floor. Pursuant to LDR Section 4.6.9(C)(4)(c), medical and dental offices, including clinics and mental health treatment facilities, shall provide 5 spaces per 1,000 sq. ft. of rg oss floor area. For the proposed 5,692 sq. ft. of medical offices on the ground floor, a total of twenty-eight (28) parking spaces are required. Therefore for the overall site, forty-five (45) parking spaces are required and fifty (50) parking spaces are proposed. There is a five (5) space surplus in parking. Thus, the parking demand is met. However, the site data chart on the site plan shall be updated to match the parking requirement (45 spaces) indicated in the staff report. This is a condition of approval. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-22 of the Comprehensive Plan recommend that a bicycle parking facility be provided. Three (3) bike racks are proposed. Thus, this LDR requirement has been met. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Pursuant to the Florida Accessibility Code for Building Construction, two percent (2%) of the parking spaces serving the development must be handicap accessible. Based upon the fifty (50) on-site parking spaces provided, the development needs to provide a minimum of one (1) handicap accessible parking space. Two (2) handicap spaces are located near the main entrance of the building. Thus, this LDR requirement has been met. SPRAB Staff Report: Meeting of 9110/14 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 4 Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and transitioning of incoming traffic from a public street, such that traffic may not backup into the public street system. The minimum distance between a right-of-way and first parking space or aisle way in a parking lot that contains 21 - 50 spaces is twenty feet (20'). At the northernmost accessway to the site off of US1, the stacking distance provided is 244". At the southernmost accessway to the site off of US1, the stacking distance provided is 264". Thus, this standard is met. Right-of-way Dedication: US1 (North Federal Highway) Pursuant to the Transportation Element of the Comprehensive plan the ultimate right-of-way (i.e. entire width of the road) of US1 from Bond Way to the north City limits is to be one hundred twenty feet (120'). This equates to sixty feet(60') of right-of-way on either side of the road. Currently fifty feet (50') of right-of-way exists on the east side of the road_ The applicant proposes to dedicate an additional five feet (5') of right-of-way for a total of fifty-five feet (55') on the east side of the road. Since US1 is under the jurisdiction of FDOT, written confirmation of FDOT shall confirm that the proposed fifty-five feet (55') of right-of-way is sufficient. This is attached as conditions of approval. Refuse Disposal Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three (3) sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The dumpster enclosure has been relocated to an angled position in the southeast corner of the site. Given its proposed location, it will not have high visibility from the public right-of-way. However, it will be highly visible from the main lobby entry to the medical office building. In consideration of the negative impact to the building entrance, the dumpster enclosure has been appropriately screened. Thus, this standard is met. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect must be referenced within the civil drawings and this is a condition of approval. Commercial Abutting Residential Properties; Pursuant to LDR Section 4.6.4(A)(2)(a), where the rear or side of commercially zoned property directly abuts residentially zoned property without any division or separation between them, such as a street, alley, railroad, waterway, park, or other public open space, the commercially zoned property shall provide either a solid finished masonry wall six feet (6') in height or a continuous hedge at least 4.5' in height at the time of installation and it shall be located inside and adjacent to the portion of the boundary line of the commercially zoned property. The plans must clearly identify the physical barrier provided to meet this requirement. If a hedge is installed, the species and height of hedge must be noted on the landscape plan. If a wall is installed, it shall be located entirely within the commercial property parcel boundaries and meet landscaping requirements per LDR Section 4.6.5(F), as deemed applicable. This is attached as a condition of approval. SPRAB Staff Report: Meeting of 9110114 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 5 Site Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and will need to be addressed prior to site plan certification. 1. Provide revised civil drawings addressing the preliminary engineering technical comments attached as Appendix"A" of the staff report. 2. A photometric plan shall be modified to comply with LDR Section 4.6.8 with respect to accent pathways, building entrances, minimum and maximum foot candle allowances, and show point calculations for the affected new and reconfigured parking rows and dumpster area. Likewise, cut sheets for any proposed wall mounted light fixtures shall be provided and be visually consistent with what is reflected on the architectural drawings andfor renderings. 3. Provide an elevation detail of the flag pole to demonstrate compliance with LDR Section 4.6.7(H)(3). Include design details and dimensions. 4. Provide product specifications for the proposed underground generator fuel tank. Please include length, width, height/depth, type of fuel, tank capacity, operation hours, etc. Permanently installed generators shall comply with LDR Section 4.3.3(ZZ). 5. Since US1 is under the jurisdiction of FDOT, written confirmation of FDOT shall confirm that the proposed fifty-five feet (55') of right-of-way is sufficient. 6. The mean roof height shall be corrected in the site data chart on the site plan for accuracy and consistency with the architectural elevation drawings. 7. The site data chart on the site plan shall be updated to match the parking requirement (45 spaces) indicated in the staff report. 8. Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect must be referenced within the civil drawings. 9. Along the rear property line, either provide a perimeter wall (6' min.) or hedge (4.5' min.) inside the property boundaries as required per LDR Section 4.6.4(A)(2)(a). Clarify the species and height of hedge provided, if applicable. Modify and annotate all plans for clarity and consistency. Engineering Plan Technical Items: While revised plans have accommodated most of staff's concerns, items described in Appendix "A" remain outstanding and will need to be addressed prior to site plan certification. LANDSCAPE PLAN ANALYSIS Pursuant to LDR section 4.6.16 (C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). A landscape plan has been submitted and evaluated by the City Senior Landscape Planner and the following comments apply: SPRAB Staff Report: Meeting of 9110114 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 6 1. Show the proposed light poles on the landscape plan. Coordinate with the engineer to move the light poles out from the landscape islands and into the adjacent perimeter buffer. The lights can effectively be located in between the perimeter trees. 2. Per LDR 4.6.16(H)(3)(d), a five foot (5') wide landscape buffer that is free of vehicular encroachment is required when adjacent to a vehicular use area. The curbed landscape strip will permit vehicles to encroach two feet (2) into the perimeter landscape buffer along the south side of the property. Currently, only V-4" is shown plus the 5'-0" buffer for a total of 6-4". We need at least 7'-0" if car stops are not to be used. Based upon the aforementioned landscaping elements, the proposed development can be found in compliance with applicable requirements of LDR section 4.6.16, upon addressing the aforementioned comments. REQUIRED FINDINGS Pursuant to LDR Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a zoning designation of General Commercial (GC) and a General Commercial (GC) Future Land Use Map designation which are compatible. Pursuant to LDR Section 4.4.9(B)(2), business, professional and medical offices area allowed principal uses and structures within the GC zoning district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map (FLUM). LDR Section 3.1.1(B) - Coneurrency As described in Appendix "B", a positive finding of Concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. LDR Section 3.1.1(C) -Consistency: As described in Appendix "C", a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1 D -Compliance with the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDR can be made when all outstanding items attached as conditions of approval are addressed. SPRAB Staff Report: Meeting of 9110114 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan -Page 7 Required Findings: Pursuant to L®R Section 2.4.5(F) (5), the approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table indicates the adjacent zoning and land use to the subject property: Adjacent Zoning Adjacent Land Use North General Commercial GC Salon & Collectible Boutique South General Commercial GC Home Furnishing Store West AC Automotive Commercial Delray Auto Mail East RS-P Town of Gulfstream Single Family Dwellings The proposed 2645 Medical Offices will provide a viable resource to the existing infrastructure of the North Federal Highway Corridor. With existing establishments that vary to the north, south, east and west of the site, it will be compatible with its surrounding land uses. Future establishment of a medical office at this location will potentially increase property values of adjacent properties. Further, the development of the property as medical and professional offices will benefit not only the nearby community, but the City as a whole. The single family residences to the east need to be buffered by either a 6' wall or 4.5' hedge and this is attached as a condition of approval. The Delray Auto Mall to the west is across the US1 right-of-way and is separated by a median and existing parallel parking on either side of the road. It will not suffer any negative effects from the proposed 2645 Medical Offices development. The existing retail uses to the north and south will be compatible with the proposed medical and professional offices and will provide shopping opportunities in the vicinity for the new employees of this new use. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, subject to installation of a 6' wall or 4.5' hedge along the east parcel boundary line interior to the commercial property. This is a condition of approval. Comprehensive Plan Policies: A review of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies are noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The proposed two-story medical and professional office building will be a physical and aesthetic improvement to the existing dilapidated condition of the property. The proposed landscaping and building architecture will also add an aesthetic value to the site that is presently nonexistent. As a result, there will be significant physical and environmental improvements to the land. The proposed 2645 Medical Offices is deemed a compatible and appropriate use for this site, subject to installation of a 6' wall or 4.5' hedge along the east parcel boundary line interior to the commercial property. This is a condition of approval. Based upon the above, potential incompatibility issues between the proposed medical offices and single family residences to the east can be mitigated with the installation of a physical barrier. Therefore, a positive finding can SPRAB Staff Report: Meeting of 9110114 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 8 be made with regard to Future Land Use Element Objective A-1, subject to this condition of approval. REVIEW BY OTHERS Community Redevelopment Agency CRA) At its meeting of January 23, 2014, the CRA reviewed the proposed site plan for 2645 Medical Offices and recommended approval. Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations and/or civic groups: ❑ Delray Citizen's Coalition ❑ Old Palm Grove HOA ❑ La Hacienda ❑ Kokomo Key ® Estuary Courtesy notices have also been provided to the following local and/or neighboring citizens and communities: ❑ Kevin Osborn ❑ Dagmar Hartung & Steve Goindoo ❑ Town of Gulfstream Letters of objection are attached to this Class V staff report. Additional letters of objection, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENT AND CONCLUSION The development proposal is to construct a two-story 11,311 sq. ft. medical and professional office building within one phase. The development proposal substantially complies.with the Land Development Regulations and requires no waiver or variance relief. It is noted that the two (2) parcels are subject to be replatted due to the existing twenty-five foot (25') building setback requirement per the Delray Beach Estates Plat. This is a condition of approval. It is understood that if the plat is not approved, the proposed site plan is subject to change substantially and will render this approval invalid. Likewise, since US1 is under the jurisdiction of FDOT, written confirmation of FDOT shall confirm that the proposed fifty-five feet (55) of right-of-way is sufficient. If additionally right-of-way is required, revised plans reflecting FDOT's requirement will be deemed necessary rendering the current proposal invalid. To assure adequate buffering against the adjacent residential properties to the east (i.e. Town of Gulfstream), installation of a 6' wall or 4.5' hedge along the east parcel boundary line interior to the commercial property is required. The proposed development will be consistent with required findings under Chapter Three and Section 2.4.5(F)(5) of the Land Development Regulations, as well as, the Objectives and Policies of the Comprehensive Plan, provided that the conditions of approval provided herein are addressed. SPRAB Staff Report: Meeting of 9110114 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 9 ALTERNATIVE ACTIONS A. Move postponement of the Class V Site Plan and Landscape Plan for 2645 Medical Office, by electing to continue with direction. B. Move approval of the Class V Site Plan and Landscape Plan for 2645 Medical Office, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B) (5) and Chapter Three of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the Class V Site Plan and Landscape Plan for 2645 Medical Office, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(F) (5), 2.4.7(B)(5) and Chapter Three of the Land Development Regulations, STAFF RECOMMENDATION By Separate Motions: Site Plan: Move approval of the Class V site plan for 2645 Medical Office, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(F)(5) and Chapter Three of the Land Development Regulations, subject to the following conditions: 1. Provide revised civil drawings addressing the preliminary engineering technical comments attached as Appendix'Wof the staff report. 2. A photometric plan shall be modified to comply with LDR Section 4.6.8 with respect to accent pathways, building entrances, minimum and maximum foot candle allowances, and show point calculations for the affected new and reconfigured parking rows and dumpster area. Likewise, cut sheets for any proposed wall mounted light fixtures shall be provided and be visually consistent with what is reflected on the architectural drawings and/or renderings. 1 Provide an elevation detail. of the flag pole to demonstrate compliance with LDR Section 4.6.7(H)(3). Include design details and dimensions. 4, Provide product specifications for the proposed underground generator fuel tank. Please include length, width, height/depth, type of fuel, tank capacity, operation hours, etc. Permanently installed generators shall comply with LDR Section 4.3.3(ZZ). 5. Since US1 is under the jurisdiction of FDOT, written confirmation of FDOT shall confirm that the proposed fifty-five feet (55') of right-of-way is sufficient. 6. The mean roof height shall be corrected in the site data chart on the site plan for accuracy and consistency with the architectural elevation drawings. SPRAB Staff Report: Meeting of 9/10114 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 10 7. The site data chart on the site plan shall be updated to match the parking requirement (45 spaces) indicated in the staff report. 8. Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect must be referenced within the civil drawings. 9. Along the rear property line, either provide a perimeter wall (6' min.) or hedge (45 min.) inside the property boundaries as required per LDR Section 4.6,4(A)(2)(a). Clarify the species and height of hedge provided, if applicable. Modify and annotate all plans for clarity and consistency. Landscape Plan-. Move approval of the landscape plan for 2645 Medical Office, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. Show the proposed light poles on the landscape plan. Coordinate with the engineer to move the light poles out from the landscape islands and into the adjacent perimeter buffer. The lights can effectively be located in between the perimeter trees. 2. Per LDR 4.6.16(H)(3)(d), a five foot (5') wide landscape buffer that is free of vehicular encroachment is required when adjacent to a vehicular use area. The curbed landscape strip will permit vehicles to encroach two feet (2') into the perimeter landscape buffer along the south side of the property. Currently, only 1'-4" is shown plus the 5'-0" buffer for a total of 6'-4". We need at least 7'-0" if car stops are not to be used. Attachments:Letter of Objection,Appendix`A",Appendix"B",Appendix"C',Location Map, Updated Project Plans Staff Report Prepared by:Candi N.Jefferson,Senior Planner SPRAB Staff Report: Meeting of 9110/14 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 11 APPENDIX "A„ PRELIMINARY ENGINEERING TECHNICAL ITEMS Plat Comments: 1. Submit plat for review in accordance with the applicable sections of LDR Section 2.4.3 (A), (B), (H), (J), (K), (L); and Section 5.2.2. Preliminary Engineering Technical Comments: 1. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2_ Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 3. Please note, a contribution for the bus shelter program will be required prior to Building permit issuance per LDR Section 2.4.3 (D) (7). A bus shelter is required to be installed on site for 1) a new residential project that has 25 or more units; 2) a nonresidential project that is greater than 10,000 square feet; and 3) a project that is adjacent to an existing or proposed Palm Tran bus stop. A contribution for the full cost of the purchase and installation of a complete bus shelter will be required if bus shelter will be located less than the standard minimum distance from an existing shelter. 4. Please note, a Financial Guarantee in accordance with LDR Section 2.4.10 may be required to ensure the timely and proper installation of public improvements which are required to support the proposed development. Refer to LDR Section 2.4.10 (A) for items which require a Financial Guarantee. The Financial Guarantee (surety) amount is quantified in the approved Engineer's Opinion of cost_ Surety format can be Letter of Credit, Cash Deposit or Performance Bond (Subdivision Format). Surety is required prior to issuance of any permits from the Building Permit Department_ 5. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 6. Additional comments may follow after review of revised plans. SPRAB Staff Report: Meeting of 9110114 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 12 APPENDIX «B'? CONGURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer.° ® Provided via a 12" water main in the adjacent right-of-way along US1 ® Provided via a 10" sewer main in the adjacent right-of-way along US1 Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: A traffic study has been provided for the development proposal indicating that the net increase in traffic is two hundred fifty-two (252) new daily trips, twenty-five (25) a.m. peak hr trips and thirty-four (34) p.m. peak hr trips per day. The Palm Beach County Traffic Division has provided a traffic concurrency determination which confirms that build-out of this project will meet Palm Beach County Traffic Performance Standards through December 31, 2017. Thus, the development proposal meets the Traffic Performance Standards of Palm Beach County_ Parks and Recreation Facilities. Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The proposed professional and medical office building (11,311 sq. ft.) will generate 30.54 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Thus, this standard is met. Schools. School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage will be accommodated on site via an exfiltration trench system. There should be no impact an drainage as it relates to this standard. SPRAB Staff Report: Meeting of 9110114 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 13 APPENDIX "C" STANDARDS FOR SITE.PLAN ACTIONS A. Building design, landscaping and lighting(glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D-1 and Dd2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. if it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent SPRAB Staff Report: Meeting of 9110114 2645 Medical Office: Reconsideration of Class V Site Plan & Landscape Plan Page 14 F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X-subject to physical barrier along east property line Does not meet intent G. redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H, The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X-subject to physical barrier along east property line Does not meet intent 1. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent STEVE GOINDOO AND DAGMAR HARTUNG 2740 CARDINAL CIRCLE,GULF STREAM,FL 33483 (561)385-9946 August 29, 2014 Ms. Candi Jefferson(Jefferson@mydelrUbeach.com Re: 2645 Medical Offices Photometric Plan Dear Ms. Jefferson, Due to the close proximity of our bedroom and living room windows to the light on the northeast side of the site,we would like to ensure that the lighting complies with the current SPR.AB approval. The current approval is for a 20 foot high light,with the condition"That the lighting for the site be `dark-skies compliant' and also be in the warm spectrum lighting range and have zero foot-candle trespass onto adjacent properties to the east." Ve y yours, eve Goindoo �C Z.__/_ Dagmar Hartung �i " rr p vE qU ORCHI SOL e IL DRIVE I� 0 TVN1Q2�VU FEET r 0 ` y J Q L] d R � V _ I 4i W LL W Q TANGERINE WAY x ca x � x - +s EVi v CANARY WALK Q r Q 2zNQ CqN� - a s AVENUE AU SOIL A Q sa e r 0 � a r ® N SUBJECT PROPERTY 2645 MEDICAL OFFICE PLANNING AND ZONING 2645 North Federal Highway DEPARTMENT LOCATION MAP -- DIGITAL RASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\Y—LM 1000-1500\LM1459.2645 Medical Office _PAVERS srRIPINC o N.FEDERAL F IG _ { (EXISTING 100 FE E 7 OVI FY } _I (PUBLIC) a'wlpE PIKE LANE F I�TINGS&0I ALK 200 EXISTING PRGPE iY LINE I I� wow JNE OF 5 PE FID NEWPP OPE RTYLIN� ®PHOPOS ® P�..U . ...... ® _ m•�o -_• N U UT 1 r -- III—1 I_ 1 1 t 3 – I JY � ��O 1 4E 1 O" r ] vl 22 y i I Mn -rmm.I I tlN1� - '� wn o&a�Hgh I p i �� •y e1 ; . 1 x ; _ f 1<u i o�e 1 � •� H {< �3 _ � �� " <("�°�� " COQ• / o o ! •�•�•�• � eis= '�xgas� 1 1 c {P B' o ;Bm 2645 MEDICAL OFFICE � , 2645NDRTH=ERALMORWAY e TI-f pa OELRAY 3FACA.FL 33483 3MTODOLL.C. = P 925 LMERALDROW a 6E"s Y T]� 7- py Cr'fiLP STMAM,7L33493 rip + - i-i�m^nvexsw�3n;x;w,wom�xsnx[xncCiwe MO:�M-+feu NCxfs��ivst�f[Arvo,+:afeyvN`xf�.nelmr(MMeY,etuh0.',msa!�M:KFO.(pAfpp¢lmsrsm GVS�w,cr:�n..ffuc,s°n.,rbf,ke°enen,.iixe w:v[aiv'.emen ea�vxec kwtruxmm�'SnxCn'�rnwe�xeavoz,r[n IN 4 � o 3c N. 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'� �12�TIUZ FAQ g9) �P 0. / °oF` REP: ,L9'LI � wl (14 Al C) oil 'I � I v II ^I I I I .00sr i 9d- I I I ~ �w m I Vv I rc� I G 'quo bmiAd �. �® �p 1N3W35V3 a3M3S ONtl 831tlM,Ol ,G9'GI ,00a O° 90� tl &9d� (N 30tld'IZ N009 1Vld) w AYMHOIH 1tld3033'N 30 3NI1 AVM-30-1H01tl A1d31Stl3 _ n „mod Iz w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning &Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 30, 2015 SUBJECT: AGENDA ITEM 8.B.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 GRANT SUBMITTAL/TO THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION(MPO)/IMPROVEMENT PROJECT ALONG SEACREST BLVD BACKGROUND The item before the City Commission is authorization to submit a proposal to the Palm Beach Metropolitan Planning Organization (MPO) for improvements along Seacrest Boulevard between NE 22nd Street and Gulfstream Boulevard, the city's northern limit. The MPO's Transportation Alternatives Program (TAP) provides funding via cost reimbursement for programs and projects defined as transportation alternatives. The purpose of the current request would be to provide bicycle and pedestrian improvements along Seacrest Boulevard from NE 22nd Street north to Gulfstream Boulevard. The program, which does not require matching funds and has a maximum award value of$750,000, would be available FY 2018-2019. The eligible improvements include the following: • New sidewalks (to provide a complete north/south sidewalk system); • Brick paver cross walks (installed at all north/south crosswalks; also includes east/west crosswalks at 6 intersections); • Landscaping; • Dedicated bike lanes; • School zone signals (flashing beacons to be installed for a School Zone); and, • Pedestrian signals at the intersection of Seacrest Boulevard and Gulfstream Boulevard. The City has previously been awarded the following TAP project funds for similar improvements within this corridor: * 2011: NE 2nd Avenue from NE 4th Street/Lake Ida Road to NE 8th Street/George Bush Boulevard, within the Del Ida Park Historic District; * 2013: NE 2nd Avenue from NE 8th Street/George Bush Boulevard to NE 13th Street; and, * 2014: NE 2nd Avenue from NE 13th Street to NE 22nd Street. The subject request would extend those improvements north to the City limits at Gulfstream Boulevard (see exhibit). In 2014, Staff received authorization from the City Commission to submit a TAP application for improvements from NE 13th Street to Gulfstream Boulevard; however, budget limitations required that the project area be limited to NE 22nd Street. The grant criterion is focused on enhancing and/or creating bicycle, pedestrian or transit transportation facilities within the project area. Special emphasis will be placed on the adjacent neighborhoods and the provision of sidewalks and bike lanes to Plumosa School of the Arts, Seacrest Soccer Complex and Hilltopper Field, and Aqua Crest Pool (all within the project area). As a result, the project will improve safety and significantly enhance the entry into Delray Beach from Boynton Beach. Additionally, it is anticipated that Boynton Beach will also submit a TAP application in 2016 to continue similar improvements which provide further connectivity between the two areas. The costs associated with new improvements will be reimbursed by the program; however, the replacement or repair of existing sidewalks or other existing improvements is not covered and will be the City's responsibility. The estimated total project cost has not yet been finalized but will be accounted for through Capital Improvement Project (CIP) funding. The submittal deadline is Friday, February 27, 2015. The proposal will be presented to and reviewed by the Palm Beach MPOs Bicycle/Greenways/Pedestrian Advisory Committee on Thursday, April 2, 2015. TIMING OF THE REQUEST The TAP application submittal deadline is Friday, February 27, 2015. RECOMMENDATION By motion, authorize the submittal of a Transportation Alternatives Program application to the Palm Beach MPO for the purpose of funding beautification improvements along Seacrest Boulevard from NE 22nd Street to Gulfstream Boulevard. 2015 TAP PROJECT LOCATION MAP UE Gu read�: + �rtit""" �.!"'"` m 't ! ■ }*�,• _ - t •,y am now i �. s � . -. ,w -w ON ` A ar � ,.."yGulistream ❑r � tZ '; . l� Str ." � "t. Y , [eccr � - , wit Seem- } NE 22nd On IN d 1j, �. ! R ,k. NF.11nr1 St 22nd Sty r ; N Swinton C:ir a N 5eacrest Cir NE 21 ,t St'. NF 21st 5t 2 ` LU Swinton Crr Se�crest'Ci NF-70th 5t�"NE'26th 5t , PROJECT AREA Seacrest Boulevard between NE 22nd Street & Gulfstream Boulevard w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: February 10, 2015 SUBJECT: AGENDA ITEM 8.C.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 GRANT SUBMITTAL/TO THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION(MPO)TRANSPORTATION ALTERNATIVE PROGRAMS BACKGROUND The purpose of the Metropolitan Planning Organization's (MPO) Long Range Transportation Plan (LRTP) is to identify projects and programs that could be funded with anticipated revenues. The 2040 LRTP creates "Local Initiatives" through an application process to identify and fund the best, non- regionally significant transportation projects that our communities want and our economies need. The MPO has identified Non-Motorized Local Initiatives (LI)to include the following areas: 1. Buffered and Designated Bicycle Lanes 2. Pedestrian Sidewalks 3. Shared Use Bicycle and Pedestrian Facilities 4. Greenway Corridors and Trails 5. Supporting Facilities such as Bicycle Racks, Water Fountains, and Lockers 6. Other Enhancements to the System Furthermore, the MPO has identified Transit Capital Eligible Projects which include: 1. New or Improved Bus Shelters 2. New or Improved Bus Pull-Outs 3. Tri-Rail Station Improvements 4. Park-and-Ride Facilities 5. Maintenance Facilities 6. Vehicle Purchases 7. Other Enhancements to the System Additionally, the MPO currently has two options for project implementation of the LI: OPTION I: 1. FDOT shall design and construct the project. 2. Local governments will provide input and the project scope may be modified to reflect funding availability. 3. There will be phased programming based on available funding. OPTION II: 1. Local government implements the project via LAP (requires LAP certification). 2. Funding amount shall be capped at the cost estimate, program shall be provided as a cost reimbursement. The MPO through the LI Program has initially targeted $17 million to be set aside for non-motorized and transit eligible projects to be considered throughout Palm Beach County (pending final approval with FDOT). The deadline for applications to be accepted by the MPO for the LI Program is 2/27/15. Presentations and review ranking shall be conducted on 4/2/15. The Environmental Services Department is submitting four applications to Palm Beach County / Metropolitan Planning Organization for consideration under the Local Initiative Program: Applications #1, #2, and #3 are for the addition/construction of bicycle lanes and sidewalks on City Streets, and Application#4 is for the replacement of 4-Trolleys: 1. Bike Lanes on South Swinton Ave.: This project provides continuous bicycle lanes and sidewalks on South Swinton Ave. to 4th Street then east to NE 2nd Ave. The project begins on South Swinton Avenue at the intersection of SW/SE 10th Street to the intersection of North Swinton Ave. and NW/NE 4th Street then east to NE 2nd Ave. The estimated cost for construction is $2,148,00. (Exhibit A). 2. Homewood Bike Lanes Phase 2: This project provides continuous bicycle lanes from Old Germantown Road to Lowson Blvd. along with sidewalks on both sides of the roadway. The project begins at the intersection of Germantown Road and Homewood Blvd. heading north to Linton Blvd. and continues on the north side of Linton Blvd. to the intersection of Homewood Blvd. and Lowson Blvd. The estimated cost for construction is $1,177,000 (Exhibit B). 3. George Bush Blvd. Bike Lanes and Sidewalks: This project provides continuous bicycle lanes and sidewalks on George Bush Blvd. (SE 8th Street) starting at NE 2nd Ave. east to the Intercostal Water Way Bridge; then east from the Intercostal Water Way Bridge to SR AIA (Does not include the Bridge). The estimated cost for construction is $3,604,000 (Exhibit C). 4. Replacement of 4-Trolleys: This project will replace the City's trollies fleet. The City currently has 4 vehicles providing transportation services between the Delray Beach Tri- Rail Station and Beach Area through the Downtown Core Area. The fleet is currently comprised of 4-2012 Supreme Trollies. At the time the grant is available, the trollies will be between 5-7 years old. The estimated cost for the replacement of the 4 vehicles is $700,000 (Exhibit D). 5. Delray Beach Greenway, Phase 1: This project provides a continuous, multi-use bicycle & pedestrian path along the east side of the E-4 Canal, from Atlantic Ave. to Lowson C:\Users\User\Desktop\Delray Local Initiatives\Local Initiatives Memorandum.docx Blvd. within the Delray Beach Golf Club. The estimated cost of construction will be determined (Exhibit E). DISCUSSION A request for City Commission to execute 4 applications to be submitted for the Local Initiative Grant Proposal Program to the Palm Beach County Metropolitan Planning Organization. TIMING OF THE REQUEST The timing of this request is of high importance. The deadline for submitting the Local Initiative Applications to the MPO is 2/27/15. FUNDING SOURCE City matching funding will be provided in the appropriate year via City's Capital Improvement Program. RECOMMENDATION By motion, approval for City Commission to execute 4 applications to be submitted for the Local Initiative Grant Proposal Program to the Palm Beach County Metropolitan Planning Organization. PALM Directions 2040: Categorical Funding Program gMPQH 2014 Application for FY 2017 - 2021 Priorities General Information: Project Title: Bike Lanes S Swinton Ave-N Swinton Ave from SW/SE 10th St to NW/NE 4th Street then east to NE 2nd Ave. Project Sponsor (municipal, county, state, federal, or other agency): City of Delray Beach Contact Person: Randal Krejcarek, P.E. Title: Director Environmental Services Email: Krejcarek@MyDelrayBeach.com Sponsor Address: 434 S Swinton Ave City: Delray Beach Zip: 33444 Priority (relative to other applications submitted by the Project Sponsor): Click here to enter text Name of Applicant (If other than Project Sponsor): City of Delray Beach 1 Project Categories with examples: Check the appropriate category for the project. ❑ Transportation System Management Improvements i. Corridor Improvement: Paving unimproved rights of way, improving signal coordination, improving signage/DMS systems, reducing access points, increasing turning radii, adding turn lanes, installation of ITS equipment, complete streets, etc. ii. Intersection Improvement: Installing warranted traffic signals, improving bike and pedestrian safety, improving signal timing and/or detection hardware, improving turning radii, etc. ❑ Transit Improvements: New express bus service, new/extension of local bus service, new trolley service, increase local bus headways, bus purchase for new routes, bus shelter, etc. ® Non-Motorized Improvements: Widening or Restriping the roadway to provide designated bike lanes, adding shoulders, conducting detailed corridor studies to determine bike/pedestrian needs, construction of shared use pathway, etc. ❑ Freight Improvements i. Aviation Improvements: Roadway signage and landscaping surrounding the airport, cargo expansion, rehabilitation of taxiways, apron rehabilitation, etc. ii. Port Improvements: Intermodal rail improvements on and off the port, improvement of freight rail capacity, cargo/passenger service facility expansion, runway/rails for future cargo yards, etc. iii. Enhance or add road access to freight hubs, enhance the capacity of truck routes by either widening of roadways or doing operational improvements, etc. Page 2 of 4 2 Project Description: ® A location map with an aerial view is attached (Location_Map.pdf) See Attached. (a) What is the scope of work for the project? ❑ A more detailed scope of work is attached. (Scope.pdf or Scope.docx) This project provides continuous bicycle lanes and sidewalks on South Swinton Ave. to 4th Street then east to NE 2nd Ave. The project begins on South Swinton Avenue at the intersection of SW/SE 10th Street to the intersection of North Swinton Ave. and NW/NE 4th Street then east to NE 2nd Ave. This project is part of the program to further the goals and objectives of the Delray Beach Pedestrian Bicycle Task Team report. This would include widening the bridge over the E-3 canal. (b) Describe the project's existing Right-of-Way ownerships. Identify when the Right-of-Way was acquired, how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys, easements), and any additional parcel(s) that will be required to implement the project. ® No Right-of-Way acquisition is proposed ❑ Temporary construction easement will be required ❑ Some proposed construction activities may require an easement ❑ Right-of-Way acquisition is required This project will be constructed within existing city owned rights-of-way. The right-of- way on Swinton Ave. is sufficient, which will provide enough room to add the bicycle lanes. ❑ Right-of-Way maps are attached (Rig ht-of-Way_M ap.pdf) (c) Describe any potential environmental impacts anticipated by implementing the project: (Please consider impacts to air, noise, floodplains, wetlands, threatened & endangered species, contamination, or cultural and historical resources.): None. (d) Describe any related project work phases that are already complete or currently underway. ® This is not a phased project ❑ This is a phased project ❑ A more detailed phasing description is attached. (Phasing.pdf or Phasing.docx) Page 3 of 4 (e) Provide conceptual project cost estimate. ® Cost estimate is attached (Cost Estimate.xlsx) Swinton Ave. $2,148,000 (f) Other specific project information that should be considered. None. 3 Project Implementation Information: (a) Describe any public (and private, if applicable) support of the proposed project. (Examples include: written endorsement, formal declaration, resolution, financial donations or other appropriate means). City matching funding will be provided in the appropriate year via City's Capital Improvement Program. (b) Describe the proposed ownership and maintenance responsibilities for the project when it is completed and provide a commitment from the owning entity to fund the continued operations and maintenance costs for the project. This project will be owned and maintained by the City. (c) Describe source of matching funds and any restrictions on availability. City matching funding will be provided in the appropriate year via City's Capital Improvement Program. (d) Provide documentation from the project owner/maintaining entity that said entity will allow the project to be permitted and constructed on its facility and support other actions necessary to fully implement the proposed project. This project will be owned and maintained by the City. (e) Other specific implementation information that should be considered. None Page 4 of 4 5 Certification of Project Sponsor: I hereby certify that the proposed project herein described is supported by (Agency name) and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, (4) comply with NEPA process prior to construction, this may involve coordination with the State Historic and Preservation Office (SHPO) prior to construction (not at time of application); and (5) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs are reasonable. I understand that significant increases in these costs and/or failure to follow through on the project once programmed in Palm Beach Metropolitan Planning Organization's Transportation Improvement Program (TIP) could cause the project to be removed from the TIP. For Palm Beach MPO Use Only Application Complete ❑ Yes ❑ No Project Eligible ❑ Yes ❑ No Signature: Implementation Feasible ❑ Yes ❑ No Cary D. Glickstein, Mayor Include in Work Program ❑ Yes ❑ No Name/Title/Date (please type or print) File: Q:\MPO\TIPs\TIP FY 2016_20\Priorities\Categorical Projects—Application 2014.docx S. Swinton Ave-N. Swinton Ave (SW/SE 10th St- NW/NE 4st including 4th to 2nd Ave) Bicycle Lanes Cost Estimate* *A more detailed and accurate cost estimate will be developed upon actual Design and Engineering Estimat No. Item Description W Qty Wit Unit Cost Total C 1 Mobilization/Demobilization 1 LS $137,000.00 $20,000.00 2 Maintenance of Traffic 1 LS $130,000.00 $15,000.00 3 Clearing and Grubbing 1 LS $175,000.00 $20,000.00 4 1"Type S-III Asphalt 20300 SY $15.00 $304,500.00 5 11" Limerock Base 20300 SY $22.00 $446,600.00 6 12"Compacted Subgrade 20300 SY $10.00 $203,000.00 7 1"Type S-III Asphalt Overlay 38000 SY $15.00 $570,000.00 8 Pavement Marking and Signage 1 LS $69,000.00 $69,000.00 9 6' Concrete Sidewalk 3000 SF $12.00 $36,000.00 10 Swale Gradding&Sodding 35000 SY $10.00 $350,000.00 11 Adjust Valve Boxes 39 E.A. $500 $19,500.00 12 Adjust San. Sewer Manholes 29 E.A. $1,000 $29,000.00 13 Record Drawings 1 LS $18,000.00 $18,000.00 14 Irrigation System Modifications 1 LS $6,800.00 $6,800.00 15 Video Allowance 1 LS $13,700.00 $13,700.00 16 Utility Allowance 1 LS $27,000.00 $27,000.00 17 Indemnification 1 LS $10.00 $10.00 $2,148,110.00 TOTAL SAY $2,148,000.00 Print: 2/12/2015 West Atlantic Avenuel NW 24th Avenue Turn Lane Intersection Improvements City Project 2002-003.3 Engineer's Cost Opinion Sheet C-1 Sheet C-2 Sheet C-3 Print:2/12/2015 By: BEC fin$ Lak Ida Rd N El FM dun INN s 0 E El ir ir tit FM is u gis In i HXF ElTr Mimi t It Istv qF--6 t IEIIEJ�ItL� H HE hY U) SE Sti auhinia =,ESP SE Er I � SWINTON AVENUE BIKE LANES PALM Directions 2040: Categorical Funding Program gMPQH 2014 Application for FY 2017 - 2021 Priorities General Information: Project Title: Homewood Bike Lanes PH2 Project Sponsor (municipal, county, state, federal, or other agency): City of Delray Beach Contact Person: Randal Krejcarek, P.E. Title: Director Environmental Services Email: Krejcarek@MyDelrayBeach.com Sponsor Address: 434 S Swinton Ave City: Delray Beach Zip: 33444 Priority (relative to other applications submitted by the Project Sponsor): Click here to enter text Name of Applicant (If other than Project Sponsor): City of Delray Beach 1 Project Categories with examples: Check the appropriate category for the project. ❑ Transportation System Management Improvements i. Corridor Improvement: Paving unimproved rights of way, improving signal coordination, improving signage/DMS systems, reducing access points, increasing turning radii, adding turn lanes, installation of ITS equipment, complete streets, etc. ii. Intersection Improvement: Installing warranted traffic signals, improving bike and pedestrian safety, improving signal timing and/or detection hardware, improving turning radii, etc. ❑ Transit Improvements: New express bus service, new/extension of local bus service, new trolley service, increase local bus headways, bus purchase for new routes, bus shelter, etc. ® Non-Motorized Improvements: Widening or Restriping the roadway to provide designated bike lanes, adding shoulders, conducting detailed corridor studies to determine bike/pedestrian needs, construction of shared use pathway, etc. ❑ Freight Improvements i. Aviation Improvements: Roadway signage and landscaping surrounding the airport, cargo expansion, rehabilitation of taxiways, apron rehabilitation, etc. ii. Port Improvements: Intermodal rail improvements on and off the port, improvement of freight rail capacity, cargo/passenger service facility expansion, runway/rails for future cargo yards, etc. iii. Enhance or add road access to freight hubs, enhance the capacity of truck routes by either widening of roadways or doing operational improvements, etc. Page 2 of 4 2 Project Description: ® A location map with an aerial view is attached (Location_Map.pdf) See Attached. (a) What is the scope of work for the project? ❑ A more detailed scope of work is attached. (Scope.pdf or Scope.docx) This project provides continuous bicycle lanes and sidewalks on Homewood Blvd. from Old Germantown Road to Lowson Blvd. This project is part of a phased program to further the goals and objectives of the Delray Beach Pedestrian Bicycle Task Team report. (b) Describe the project's existing Right-of-Way ownerships. Identify when the Right-of-Way was acquired, how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys, easements), and any additional parcel(s) that will be required to implement the project. ® No Right-of-Way acquisition is proposed ❑ Temporary construction easement will be required ❑ Some proposed construction activities may require an easement ❑ Right-of-Way acquisition is required This project will be constructed within existing city owned rights-of-way. The right-of- way on Homewood Blvd is 80 feet, which will provide enough room to add the bicycle lanes and sidewalks. ❑ Right-of-Way maps are attached (Rig ht-of-Way_M ap.pdf) (c) Describe any potential environmental impacts anticipated by implementing the project: (Please consider impacts to air, noise, floodplains, wetlands, threatened & endangered species, contamination, or cultural and historical resources.): None. (d) Describe any related project work phases that are already complete or currently underway. ❑ This is not a phased project ® This is a phased project ❑ A more detailed phasing description is attached. (Phasing.pdf or Phasing.docx) Phase 1 -Bike lanes between Atlantic Avenue and Lowson Blvd. already completed. (e) Provide conceptual project cost estimate. ® Cost estimate is attached (Cost Estimate.xlsx) Germantown Rd. to Lowson Blvd. $1,177,000 (f) Other specific project information that should be considered. None. Page 3 of 4 3 Project Implementation Information: (a) Describe any public (and private, if applicable) support of the proposed project. (Examples include: written endorsement, formal declaration, resolution, financial donations or other appropriate means). City matching funding will be provided in the appropriate year via City's Capital Improvement Program. (b) Describe the proposed ownership and maintenance responsibilities for the project when it is completed and provide a commitment from the owning entity to fund the continued operations and maintenance costs for the project. This project will be owned and maintained by the City. (c) Describe source of matching funds and any restrictions on availability. City matching funding will be provided in the appropriate year via City's Capital Improvement Program. (d) Provide documentation from the project owner/maintaining entity that said entity will allow the project to be permitted and constructed on its facility and support other actions necessary to fully implement the proposed project. This project will be owned and maintained by the City. (e) Other specific implementation information that should be considered. None Page 4 of 4 5 Certification of Project Sponsor: I hereby certify that the proposed project herein described is supported by (Agency name) and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, (4) comply with NEPA process prior to construction, this may involve coordination with the State Historic and Preservation Office (SHPO) prior to construction (not at time of application); and (5) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs are reasonable. I understand that significant increases in these costs and/or failure to follow through on the project once programmed in Palm Beach Metropolitan Planning Organization's Transportation Improvement Program (TIP) could cause the project to be removed from the TIP. For Palm Beach MPO Use Only Application Complete ❑ Yes ❑ No Project Eligible ❑ Yes ❑ No Signature: Implementation Feasible ❑ Yes ❑ No Cary D. Glickstein, Mayor Include in Work Program ❑ Yes ❑ No Name/Title/Date (please type or print) File: Q:\MPO\TIPs\TIP FY 2016_20\Priorities\Categorical Projects—Application 2014.docx Homewood Blvd. Bicycle Lanes: Germantown Road To Linton Blvd. & Linton Blvd. to Lowson Blvd. City Project 2005-045 Cost Estimate* *A more detailed and accurate cost estimate will be developed upon actual Design and Engineering Estimat No. Item Description Qty nit Unit Cost Total Cost 1 Mobilization/Demobilization 1 LS $75,000.00 $75,000.00 2 Maintenance of Traffic 1 LS $80,000.00 $80,000.00 3 Clearing and Grubbing 1 LS $100,000.00 $100,000.00 4 1"Type S-III Asphalt 7100 SY $15.00 $106,500.00 5 11" Limerock Base 7100 SY $22.00 $156,200.00 6 12" Compacted Subgrade 7100 SY $10.00 $71,000.00 7 1"Type S-III Asphalt Overlay 16145 SY $15.00 $242,175.00 8 FDOT Type"F"Curb 4000 LF $27.00 $108,000.00 9 6'Concrete Sidewalk 4000 SF $12.00 $48,000.00 10 Concrete Sidewalk Ramp 26 EA $1,500.00 $39,000.00 11 Pavement Marking and Signage 1 LS $40,000.00 $40,000.00 12 Swale Gradding&Sodding 1200 SY $10.00 $12,000.00 13 Adjust Valve Boxes 28 E.A. $500 $14,000.00 14 Relocate Fire Hydrants 4 E.A. $1,500 $6,000.00 15 Adjust San. Sewer Manholes 12 E.A. $1,000 $12,000.00 16 Record Drawings 1 LS $8,000.00 $8,000.00 17 Irrigation System Modifications 1 LS $30,000.00 $30,000.00 18 Video Allowance 1 LS $4,000.00 $4,000.00 19 Utility Allowance 1 LS $25,000.00 $25,000.00 20 Indemnification 1 LS $10.00 $10.00 $1,176,885.00 TOTAL SAY $1,177,000.00 Print: 2/12/2015 By: MRT West Atlantic Avenuel NW 24th Avenue Turn Lane Intersection Improvements City Project 2002-003.3 Engineer's Cost Opinion Sheet C-1 Sheet C-2 Sheet C-3 Print:2/12/2015 By: BEC m �0 Y6Pg4 A OR H 3 E E Zorno Wa 3 Lows Blv Q pw o era Del Aire Blvd \fie Y Q Q O m N oll > od Ivd eo° Pansy Ln Croton Ln o rev a ee LL E Qo a z ti U Il ec, O E Palm Ln e v Shady Ln QeeC�S Juniper Or Malayan Or e� � V G �C A Goo > Papaya Dr Red Hibiscus Blvd J H L E ood Ivd th St W 0 a 3 a o Q _ O G o 7 x o A Q m � N Willow Ln Sumac Ct o 7W U SW 15th SS Black Olive Blvd W W Linton Blvd �e W 0 J S Q N p a � O oAzalea Ct Oo S em W 2 Begonia Ct O 2 Carnation Ct 0 Old ar'manto n Rd Dracaena Ct a/a no W > o` > - a n � m � PALM Directions 2040: Categorical Funding Program gMPQH 2015 Application for FY 2017 - 2021 Priorities General Information: Project Title: Bike Lanes and Sidewalks George Bush Boulevard (SE 8th Street) from NE 2nd Avenue to Highway A1A. Project Sponsor (municipal, county, state, federal, or other agency): City of Delray Beach Contact Person: Randal Krejcarek, P.E. Title: Director Environmental Services Email: Krejcarek@MyDelrayBeach.com Sponsor Address: 434 S Swinton Ave City: Delray Beach Zip: 33444 Priority (relative to other applications submitted by the Project Sponsor): Click here to enter text Name of Applicant (If other than Project Sponsor): City of Delray Beach 1 Project Categories with examples: Check the appropriate category for the project. ❑ Transportation System Management Improvements i. Corridor Improvement: Paving unimproved rights of way, improving signal coordination, improving signage/DMS systems, reducing access points, increasing turning radii, adding turn lanes, installation of ITS equipment, complete streets, etc. ii. Intersection Improvement: Installing warranted traffic signals, improving bike and pedestrian safety, improving signal timing and/or detection hardware, improving turning radii, etc. ❑ Transit Improvements: New express bus service, new/extension of local bus service, new trolley service, increase local bus headways, bus purchase for new routes, bus shelter, etc. ® Non-Motorized Improvements: Widening or Restriping the roadway to provide designated bike lanes, adding shoulders, conducting detailed corridor studies to determine bike/pedestrian needs, construction of shared use pathway, etc. ❑ Freight Improvements i. Aviation Improvements: Roadway signage and landscaping surrounding the airport, cargo expansion, rehabilitation of taxiways, apron rehabilitation, etc. ii. Port Improvements: Intermodal rail improvements on and off the port, improvement of freight rail capacity, cargo/passenger service facility expansion, runway/rails for future cargo yards, etc. iii. Enhance or add road access to freight hubs, enhance the capacity of truck routes by either widening of roadways or doing operational improvements, etc. Page 2 of 4 2 Project Description: ® A location map with an aerial view is attached (Location_Map.pdf) See Attached. (a) What is the scope of work for the project? ® A more detailed scope of work is attached. (Scope.pdf or Scope.docx) This project provides continuous bicycle lanes and sidewalks on George Bush Boulevard (SE 8th Street). The project begins on NE 2nd Avenue at the intersection of SE 8th Street to the intersection of George Bush Boulevard and Highway AIA. This project is part of the program to further the goals and objectives of the Delray Beach Pedestrian Bicycle Task Team report. No work is proposed on the drawbridge over Atlantic Intracoastal Waterway; bicycle riders are expected to dismount and walk bikes across the bridge as they do today. (b) Describe the project's existing Right-of-Way ownerships. Identify when the Right-of-Way was acquired, how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys, easements), and any additional parcel(s) that will be required to implement the project. ® No Right-of-Way acquisition is proposed ❑ Temporary construction easement will be required ❑ Some proposed construction activities may require an easement ❑ Right-of-Way acquisition is required This project will be constructed within existing city owned rights-of-way. The right-of- way on George Bush Boulevard is sufficient, which will provide enough room to add the bicycle lanes and sidewalks ❑ Right-of-Way maps are attached (Rig ht-of-Way_M ap.pdf) (c) Describe any potential environmental impacts anticipated by implementing the project: (Please consider impacts to air, noise, floodplains, wetlands, threatened & endangered species, contamination, or cultural and historical resources.): None. (d) Describe any related project work phases that are already complete or currently underway. ® This is not a phased project ❑ This is a phased project ❑ A more detailed phasing description is attached. (Phasing.pdf or Phasing.docx) Page 3 of 4 (e) Provide conceptual project cost estimate. ® Cost estimate is attached (Cost Estimate.xlsx) George Bush Boulevard: $3,604,000 (f) Other specific project information that should be considered. The George Bush Boulevard project is important because of its linkage to ongoing City investments in bicycle-pedestrian infrastructure. The success of any bike-ped pathway is dependent on its connectivity to meaningful destinations (the beach and smaller trails, the school, etc.) and to major bike-ped infrastructure (Federal Highway, SE 2nd and AIA). The"network effect" of these connections will on its own generate additional traffic. 3 Project Implementation Information: (a) Describe any public (and private, if applicable) support of the proposed project. (Examples include: written endorsement, formal declaration, resolution, financial donations or other appropriate means). City matching funding will be provided in the appropriate year via City's Capital Improvement Program. (b) Describe the proposed ownership and maintenance responsibilities for the project when it is completed and provide a commitment from the owning entity to fund the continued operations and maintenance costs for the project. This project will be owned and maintained by the City of Delray Beach. (c) Describe source of matching funds and any restrictions on availability. City matching funding will be provided in the appropriate year via City's Capital Improvement Program. (d) Provide documentation from the project owner/maintaining entity that said entity will allow the project to be permitted and constructed on its facility and support other actions necessary to fully implement the proposed project. This project will be owned and maintained by the City of Delray Beach. Page 4 of 4 (e) Other specific implementation information that should be considered. The George Bush Boulevard project is an important component of the City's long range bike and pedestrian plan designed to reduce congestion and reliance on the automobile. The timing is important as well. Both the Federal Highway beautification and the NE 2nd Ave complete street project will either be completed or nearing completion in the near future and available for connection to the George Bush project. 5 Certification of Project Sponsor: I hereby certify that the proposed project herein described is supported by (Agency name) and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, (4) comply with NEPA process prior to construction, this may involve coordination with the State Historic and Preservation Office (SHPO) prior to construction (not at time of application); and (5) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs are reasonable. I understand that significant increases in these costs and/or failure to follow through on the project once programmed in Palm Beach Metropolitan Planning Organization's Transportation Improvement Program (TIP) could cause the project to be removed from the TIP. For Palm Beach MPO Use Only Application Complete ❑ Yes ❑ No Project Eligible ❑ Yes ❑ No Signature: Implementation Feasible ❑ Yes ❑ No Cary D. Glickstein, Mayor Include in Work Program ❑ Yes ❑ No Name/Title/Date (please type or print) File: Q:\MPO\TIPs\TIP FY 2016_20\Priorities\Categorical Projects—Application 2014.docx George Bush Boulevard from NE 2nd Avenue to Highway Al The objective of this project is to utilize George Bush Boulevard to connect the existing bicycle lanes on Highway A1A to the bicycle and pedestrian improvements on Federal Highway and NE 2nd Avenue.The George Bush Boulevard project will serve to connect the mainland bicycle network to the very popular existing bike lanes on A1A,the public beach front promenade,and the beaches which are a key attraction for the City of Delray Beach. The project length is approximately 1.5 miles running east—west between NE 2nd Avenue, Federal Highway,and A1A: • The new NE 2nd Avenue improvements will connect the Pineapple Grove area in Downtown Delray Beach to neighboring Boynton Beach on Seacrest Boulevard. • The new Federal Highway improvements(due to be completed by June 2015)will soon connect all of east Delray Beach to neighboring Boynton Beach and Boca Raton with a continuous north-south bicycle corridor. • Highway A1A has a similar north-south greenway bike lane, but there are surprisingly few east-west connections over bridges connecting these popular routes and beachside destinations. George Bush Boulevard is currently utilized by many bicyclists, bike tours and events, beach-goers,and students going to and from the St.Vincent Ferrer School despite the road's condition and lack of bike and pedestrian pathways. Improvements to this street will help the nascent commercial development along the road as well as provide a more inviting connection to nearby popular historic and scenic neighborhoods of Palm Trail and Fisher Lane,and the Del-Ida Park Historic District. George Bush Boulevard is currently in need of repaving,a sidewalk on the north side of the street, improved pedestrian level lighting, bike lanes and protection from automobile traffic.There is between 55'-78'of Right-of- Way along the proposed length for improvements.This width is more than enough ROW to accommodate a typical section of 2 vehicular travel lanes with a 10'width,2 bike lanes at 5' in width each,2 sidewalks at 5'each, leaving approximately 7.5'of drainage and landscaping with street trees on either side at the tightest condition.The non- typical sections include turn-lanes which are accommodated by the wider ROWS in those intersections. The proposed scope of work includes the new bike lanes, a new sidewalk on the north side of the street, potentially an expanded sidewalk on the south side of the street, lighting, native landscaping, improved drainage, clarified traffic and parking circulation,enhanced crosswalks,and signage. No work is proposed on the intercoastal bridge; bicycle riders are expected to dismount and walk bikes across the bridge as they do today.The project is a priority for the City of Delray Beach due to existing plans to re-surface the road and beautify the streetscape.This street has also been identified by the community group Human Powered Delray as a priority in their 2014 Masterplan which was affirmed by the City Commission and reviewed by the MPO BGPAC. 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I I6 �f ? a G�P� 1�. 1111�rr'vvv any y19 ail. 1_ xy `' FOIE H .x14�RlOr _��- �� t7 �''' _•�:� T t r"'�.�� , 1 •�r'� cu ylSLN� v. fol w ] �7.�. 9_ai .I■IL'idF•°`1J. sr'.-,,,,� , o S o m a ' ��7►� 3 w � A+ s 67A�to�7 ® yi _Q r,anyipu.Z}Nr=�'10�- �r.� APO AiCJIL�J , f C) LM o rE II , � n m ��r _ �.di+i i t�S.� SE I2_ CID PALM Directions 2040: Categorical Funding Program gMPQH 2014 Application for FY 2017 - 2021 Priorities General Information: Project Title: City of Delray Beach Purchase of 4-Trollies. Project Sponsor (municipal, county, state, federal, or other agency): City of Delray Beach Contact Person: Randal Krejcarek, P.E. Title: Director Environmental Services Email: Krejcarek@MyDelrayBeach.com Sponsor Address: 434 S Swinton Ave City: Delray Beach Zip: 33444 Priority (relative to other applications submitted by the Project Sponsor): Click here to enter text Name of Applicant (If other than Project Sponsor): City of Delray Beach 1 Project Categories with examples: Check the appropriate category for the project. ❑ Transportation System Management Improvements i. Corridor Improvement: Paving unimproved rights of way, improving signal coordination, improving signage/DMS systems, reducing access points, increasing turning radii, adding turn lanes, installation of ITS equipment, complete streets, etc. ii. Intersection Improvement: Installing warranted traffic signals, improving bike and pedestrian safety, improving signal timing and/or detection hardware, improving turning radii, etc. ® Transit Improvements: New express bus service, new/extension of local bus service, new trolley service, increase local bus headways, bus purchase for new routes, bus shelter, etc. ❑ Non-Motorized Improvements: Widening or Restriping the roadway to provide designated bike lanes, adding shoulders, conducting detailed corridor studies to determine bike/pedestrian needs, construction of shared use pathway, etc. ❑ Freight Improvements i. Aviation Improvements: Roadway signage and landscaping surrounding the airport, cargo expansion, rehabilitation of taxiways, apron rehabilitation, etc. ii. Port Improvements: Intermodal rail improvements on and off the port, improvement of freight rail capacity, cargo/passenger service facility expansion, runway/rails for future cargo yards, etc. iii. Enhance or add road access to freight hubs, enhance the capacity of truck routes by either widening of roadways or doing operational improvements, etc. Page 2 of 4 2 Project Description: ❑ A location map with an aerial view is attached (Location_Map.pdf) See Attached. (a) What is the scope of work for the project? ❑ A more detailed scope of work is attached. (Scope.pdf or Scope.docx) This project will replace the City's trollies fleet. The City currently has 4 vehicles providing transportation services between the Delray Beach Tri- Rail Station and Beach Area through the Downtown Core Area. The fleet is currently comprised of 4-2012 Supreme Trollies. At the time the grant is available, the trollies will be between 5-7 years old. (b) Describe the project's existing Right-of-Way ownerships. Identify when the Right-of-Way was acquired, how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys, easements), and any additional parcel(s) that will be required to implement the project. ® No Right-of-Way acquisition is proposed ❑ Temporary construction easement will be required ❑ Some proposed construction activities may require an easement ❑ Right-of-Way acquisition is required This project will be constructed within existing city owned right-of-way. ❑ Right-of-Way maps are attached (Rig ht-of-Way_M ap.pdf) (c) Describe any potential environmental impacts anticipated by implementing the project: (Please consider impacts to air, noise, floodplains, wetlands, threatened & endangered species, contamination, or cultural and historical resources.): None. (d) Describe any related project work phases that are already complete or currently underway. ® This is not a phased project ❑ This is a phased project ❑ A more detailed phasing description is attached. (Phasing.pdf or Phasing.docx) (e) Provide conceptual project cost estimate. ❑ Cost estimate is attached (Cost Estimate.xlsx) The estimated cost of 4-trollies is $700,000 (f) Other specific project information that should be considered. None. Page 3 of 4 3 Project Implementation Information: (a) Describe any public (and private, if applicable) support of the proposed project. (Examples include: written endorsement, formal declaration, resolution, financial donations or other appropriate means). City matching funding will be provided in the appropriate year via City's Capital Improvement Program. (b) Describe the proposed ownership and maintenance responsibilities for the project when it is completed and provide a commitment from the owning entity to fund the continued operations and maintenance costs for the project. This project will be owned and maintained by the City. (c) Describe source of matching funds and any restrictions on availability. City matching funding will be provided in the appropriate year via City's Capital Improvement Program. (d) Provide documentation from the project owner/maintaining entity that said entity will allow the project to be permitted and constructed on its facility and support other actions necessary to fully implement the proposed project. This project will be owned and maintained by the City. (e) Other specific implementation information that should be considered. None Page 4 of 4 5 Certification of Project Sponsor: I hereby certify that the proposed project herein described is supported by (Agency name) and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, (4) comply with NEPA process prior to construction, this may involve coordination with the State Historic and Preservation Office (SHPO) prior to construction (not at time of application); and (5) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs are reasonable. I understand that significant increases in these costs and/or failure to follow through on the project once programmed in Palm Beach Metropolitan Planning Organization's Transportation Improvement Program (TIP) could cause the project to be removed from the TIP. For Palm Beach MPO Use Only Application Complete ❑ Yes ❑ No Project Eligible ❑ Yes ❑ No Signature: Implementation Feasible ❑ Yes ❑ No Cary D. Glickstein, Mayor Include in Work Program ❑ Yes ❑ No Name/Title/Date (please type or print) File: Q:\MPO\TIPs\TIP FY 2016_20\Priorities\Categorical Projects—Application 2014.docx PRLM Directions 2040: Categorical Funding Program gmPnH 2015 Application for FY 2017 — 2021 Priorities General Information: Project Title: Delray Beach Greenway— 1 st Mile — Lowson Boulevard to Atlantic Avenue Project Sponsor (municipal, county, state, federal, or other agency): City of Delray Beach Contact Person: Randal Krejcarek, P.E. Title: Director Environmental Services Email: Krejcarek@MyDelrayBeach.com Sponsor Address: 434 S Swinton Ave City: Delray Beach Zip: 33444 Priority (relative to other applications submitted by the Project Sponsor): 5th Name of Applicant (If other than Project Sponsor): City of Delray Beach 1 Project Categories with examples: Check the appropriate category for the project. ❑ Transportation System Management Improvements i. Corridor Improvement: Paving unimproved rights of way, improving signal coordination, improving signage/DMS systems, reducing access points, increasing turning radii, adding turn lanes, installation of ITS equipment, complete streets, etc. ii. Intersection Improvement: Installing warranted traffic signals, improving bike and pedestrian safety, improving signal timing and/or detection hardware, improving turning radii, etc. ❑ Transit Improvements: New express bus service, new/extension of local bus service, new trolley service, increase local bus headways, bus purchase for new routes, bus shelter, etc. ® Non-Motorized Improvements: Widening or Restriping the roadway to provide designated bike lanes, adding shoulders, conducting detailed corridor studies to determine bike/pedestrian needs, construction of shared use pathway, etc. ❑ Freight Improvements i. Aviation Improvements: Roadway signage and landscaping surrounding the airport, cargo expansion, rehabilitation of taxiways, apron rehabilitation, etc. ii. Port Improvements: Intermodal rail improvements on and off the port, improvement of freight rail capacity, cargo/passenger service facility expansion, runway/rails for future cargo yards, etc. iii. Enhance or add road access to freight hubs, enhance the capacity of truck routes by either widening of roadways or doing operational improvements, etc. Page 2 of 4 2 Project Description: ® A location map with an aerial view is attached (Location_Map.pdf) See Attached. (a) What is the scope of work for the project? ® A more detailed scope of work is attached. (Scope.pdf or Scope.docx) This project is the first phase of the Delray Beach Greenway, which will be located along the E-4 canal. The project begins on Lowson Boulevard at the intersection of the E-4 Canal and to the intersection of Atlantic Avenue and the E-4 Canal. This project is approximately 1 mile in length and primarily within the boundaries of the Delray Beach Golf Club. This project is part of the program to further the goals and objectives of the Delray Beach Pedestrian Bicycle Task Team report.The vision for the Delray Beach Greenway is a north- south automobile-free thoroughfare comprised of landscaped and water-bordered bike and walking paths. (b) Describe the project's existing Right-of-Way ownerships. Identify when the Right-of-Way was acquired, how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys, easements), and any additional parcel(s) that will be required to implement the project. ® No Right-of-Way acquisition is proposed ❑ Temporary construction easement will be required ❑ Some proposed construction activities may require an easement ❑ Right-of-Way acquisition is required This project will be constructed within existing City owned land and easements held by the City and Lake Worth Drainage District within the publicly owned golf course and the E-4 canal right of way. The land required to implement the project is sufficient and will provide enough room to add the bicycle lane and walkway. ❑ Right-of-Way maps are attached (Rig ht-of-Way_Map.pdf) (c) Describe any potential environmental impacts anticipated by implementing the project: (Please consider impacts to air, noise, floodplains, wetlands, threatened & endangered species, contamination, or cultural and historical resources.): None. (d) Describe any related project work phases that are already complete or currently underway. ❑ This is not a phased project ® This is a phased project ❑ A more detailed phasing description is attached. (Phasing.pdf or Phasing.docx) This project is a multi-phase project which will link to greenways in Boca Raton and Boynton Beach. However, this lst Mile is sufficient as a standalone project to provide bicycle cruising,hiking,bike to school, access to restaurant and restrooms, and connection to a prospective certified Audubon Cooperative Sanctuary for Golf. Page 3 of 4 (e) Provide conceptual project cost estimate. ® Cost estimate is attached (Cost Estimate.xlsx) Delray Greenway— 1St Mile $????????? (f) Other specific project information that should be considered. This project is important because it is the first bike-ped greenway in the City of Delray Beach. It will in time connect to bike lanes both east and west of I-95. Other City bicycle and pedestrian projects such as Germantown Road and Homewood Boulevard are nearby. 3 Project Implementation Information: (a) Describe any public (and private, if applicable) support of the proposed project. (Examples include: written endorsement, formal declaration, resolution, financial donations or other appropriate means). Letters of support for this project are being provided by: Human Powered Delray (HPD) Safety as Floridians Expect(SAFE) Atlantic High School Senator Maria Sachs Commissioner Steve Abrams Representative Lois Frankel (b) Describe the proposed ownership and maintenance responsibilities for the project when it is completed and provide a commitment from the owning entity to fund the continued operations and maintenance costs for the project. This project will be owned and maintained by the City of Delray Beach. (c) Describe source of matching funds and any restrictions on availability. N/A (d) Provide documentation from the project owner/maintaining entity that said entity will allow the project to be permitted and constructed on its facility and support other actions necessary to fully implement the proposed project. This project will be owned and maintained by the City of Delray Beach. (e) Other specific implementation information that should be considered. The City of Delray Beach has applied for a PeopleForBikes grant to begin initial design studies for the I"Mile Greenway. Page 4 of 4 5 Certification of Project Sponsor: I hereby certify that the proposed project herein described is supported by (Agency name) and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, (4) comply with NEPA process prior to construction, this may involve coordination with the State Historic and Preservation Office (SHPO) prior to construction (not at time of application); and (5) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs are reasonable. I understand that significant increases in these costs and/or failure to follow through on the project once programmed in Palm Beach Metropolitan Planning Organization's Transportation Improvement Program (TIP) could cause the project to be removed from the TIP. For Palm Beach MPO Us Application Complete ❑ Yes ❑ No Project Eligible ❑ Yes ❑ No Signature: Implementation Feasible ❑ Yes ❑ No Cary D. Glickstein, Mayor Include in Work Program ❑ Yes ❑ No Name/Title/Date (please type or print) File: Q:\MPO\TIPs\TIP FY 2016_20\Priorities\Categorical Projects_Application 2014.docx Delray Beach Greenway— 15t Mile - Lowson Boulevard to Atlantic Avenue The objective of this project is to utilize the publicly owned E-4 Canal Right of Way and Delray Beach Golf Course to implement the first phase, 111 Mile,of the Delray Beach Greenway.This phase will connect Lowson Boulevard and Atlantic Avenue by establishing a multi-purpose trail along the E-4 Canal. The City of Delray Beach is served by a network of canals that convey seasonal rainfall to the Atlantic Ocean.There is sufficient canal right-of-way to allow for recreational uses without compromising the canal's primary flood control purpose.The long term plan is to establish a multi-purpose trail along the E-4 Canal:the"Delray Beach Greenway". Envisioned is a north-south automobile-free thoroughfare comprised of landscaped and water- bordered bike and walking paths.The 5 mile Greenway will provide access to schools,the municipal golf course, and eventually connect with a major east-west greenway that leads to the Loxahatchee National Wildlife Refuge and the Lake Ida marine and park area. This request is for construction of the first phase of the Greenway,which will be located along the E-4 canal within the Delray Beach Golf Club and is approximately 1 mile in length.The golf course portion of the Delray Beach Greenway was selected because the golf course is already publicly owned, reducing costs and possible objections to the pathway. Implementation costs will be minimized since it will not be necessary to acquire additional land rights.The City is currently applying to have the golf course certified as an Audubon Cooperative Sanctuary,further enhancing the attractiveness of the route. The integration of the Greenway into the golf course is expected to attract additional recreational users. The clubhouse will serve as a trailhead for bicyclists and hikers.The pathways will be naturalized,consisting of stone (fines)or perhaps shell.The design will feature well lit rights-of-way,native plantings,as well as security and safety. Providing safe,secure,well lit and well-marked pathways are key ingredients to changing the mind set of an automobile based culture. This project has also been identified by the community group Human Powered Delray as a priority in their 2014 Masterplan which was affirmed by the City Commission and reviewed by the MPO BGPAC.The project is a priority for the City of Delray Beach due to existing plans to redesign the golf course.The 1st Mile project benefits the community by: • Connecting nearby residential communities to the local high school • Providing bicyclist and pedestrian access to Florida wildlife • Providing access to extensive bike cruising and pedestrian hiking • Encouraging additional uses at the municipal golf course 9r I? aw High Point TerE c m N RTH � z Ptla�°Pve N N SW 2nd St O� Qa� z5 Ao c G N O 0 SW 4th St D Highland Ave 0 "6 0 o �o asa a Inverness Ave 2 w m (D Y ar Cir Fiore We SW 10th St LOWSOn Blvd Zorno way_ SW 10th Ct F Q Q DM Aire Blvd U � p v � p Q a DELRAY BEACH GREENWAY 1ST MILE ' .t r 6 r� f i i W / N Y _ 1� W m w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Randal Krejcarek, Director of Environmental Services Department Isaac Kovner, City Engineer THROUGH: Donald B. Cooper, City Manager DATE: January 22, 2015 SUBJECT: AGENDA ITEM 8.D.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 CONTRACT AWARD WITH MULTIPLE VENDORS BACKGROUND The Environmental Services Department (ESD) seeks to secure the services of five contractors for the purpose of having a pool of most qualified contractors available to perform work on City infrastructure on an Emergency Repair basis, Repair and/or Maintenance basis, and as subcontracted work required through our in-house Utility Construction Group. When an underground utility line breaks (water main, sanitary sewer main or sanitary force main) in the roadway it creates both a Public and Health Safety Hazard. Currently, ESD does not have the necessary in-house staffing or equipment to repair emergency main breaks in the City's Public Right of Way. While the process for emergency purchases is outlined in City Code, having a predetermined price for emergency repairs is more cost effective for the City. Roadways have to be restored as soon as the emergency utility repair is complete. By having five contractors available to perform the work, delays for roadway repairs would be minimized. Utility breaks are unforeseen and the City must proceed with repairs as soon as possible while protecting the Public's Health and Safety first and foremost. Therefore, having 5 underground utility contractors on a rotating Contract, with pre-determined pricing, the City will alleviate any unfavorable recourse with Governmental Agencies as well as the Public. On the other hand, the City does currently utilize in-house staffing to construct "planned" utility projects. In efforts to save public funding, the Utilities Division constructs small water, storm, and sewer main projects utilizing City staff. Unfortunately, re-paving of the City Streets after the utilities have been installed cannot be completed with in-house staffing from Public Works. The City does not have the proper paving equipment necessary to repave the roadway after the utilities have been installed. Therefore, contractors listed below could be utilized in assisting City Staff in completing City projects in which the City utilized in-house resources. For example, City Staff could replace/install utility mains in City Streets, and then an approved contractor would repave the roadway based on the approved Piggy Backing contract unit cost for paving. In an effort to improve efficiency and timeliness during Emergency Repairs to underground utility & roadway construction projects, ESD seeks to enter into "piggy-backing" contractual agreements with the following utility and roadway contractors based on the City of West Palm Beach's (WPB) Master Contract for Utility Construction Services (RFQ 13-14-407): 1) Foster Marine Contractors, Inc. 2) Hinterland Group, Inc. 3) Murray Logan Construction, Inc. 4) D.S. Eakins Construction Corporation 5) DP Development of the Treasure Coast, LLC. WPB's contract with the above listed contractors was awarded in November 2014 and is good for three consecutive years. As detailed in the individual contracts (Exhibit A) each contractor has expressed to the City of Delray Beach that their construction prices are the lowest competitive prices in the State of Florida (Ordinance 29-13, Chapter 36, Section 36.02(7)(C)). It is staffs desire to enter into "piggy-backing" contracts with the above listed utility contractors to perform emergency and specialized construction work with City Staff support. The above construction services can be utilized by the following Divisions: Utilities, Public Works, Engineering, Storm water, and Parks and Recreation. The "piggy-backing" contracts are in compliance with Section 36.02 (c)(7) of the City's procurement Code titled "Utilization of Other Governmental Entities' Contracts". It is anticipated that costs will not exceed$250,000 per fiscal year amongst the five vendors. DISCUSSION Requesting approval to execute "Piggy-Backing" Contracts with the following five Contractor's utilizing pricing under an active contract with the City of West Palm Beach (RFQ 13-14-407) Master Contract for Utility Construction Services, to perform work on City infrastructure on an Emergency Repair basis, Repair and/or Maintenance basis, and as subcontracted work required through our in- house Utility Construction Group, with expenditures not to exceed an aggregate amount of$250,000 per fiscal year among the five vendors: 1)Foster Marine Contractors, Inc. 2) Hinterland Group, Inc. 3)Murray Logan Construction, Inc. 4) D.S. Eakins Construction Corporation, and 5) DP Development of the Treasure Coast, LLC TIMING OF THE REQUEST The City is currently operating in FY 2015; therefore, timing of this request is of high importance. FUNDING SOURCE Funding for this Contract shall be based on an As-Needed Basis based on the City's Annual CIP Budget and any Contract awarded under this solicitation will not guarantee that any specific amount of work, tasks, assignments or fees will be awarded under said contract. Any contract awarded will be a non- exclusive contract and the City may secure similar or identical services from other Contractors. It is anticipated that expenditures among the five vendors will not to exceed an aggregate amount of $250,000 per fiscal year. Individual project costs shall be based on the itemized costs according to each contractors pricing sheet(WPB, RFQ 13-14-407) Master Contract for Utility Construction Services. RECOMMENDATION By Motion, approval to enter into contracts with: 1) Foster Marine Contractors, Inc., 2) Hinterland Group, Inc., 3) Murray Logan Construction, Inc., 4) D.S. Eakins Construction Corporation, and 5) DP Development of the Treasure Coast, LLC, utilizing WPB, RFQ 13-14-407, to perform work on City infrastructure on an Emergency Repair basis, Repair and/or Maintenance basis, and as subcontracted work required through our in-house Utility Construction Group, with expenditures among the five vendors not to exceed an aggregate amount of$250,000 per fiscal year. 01 P4 _ EMO U $ 'ntORIOP OFFICE OF THE CITY ATTORNEY To: Jeri Muoio, Mayor RECEIVED From: Nancy D. Urcheck, Deputy City Attor Date: November, 2014 OV 2 12014 Matter No: 14570 CITY OF WEST PALM BEACH Dept. 420 Engineering Services OFFICE OF THE CITY CLERK Re: Foster Marine; Master- Small Utility Construction Projects Transmitted herewith for your signature are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo, to the City Clerk's Office. To: Office of the City Clerk The Mayor is authorized to execute the document in accordance with: Y Procurement Code. Commission Approval. Resolution No. City Charter Please take the actions indicated below with respect to these documents: Y Attest to the execution of the Agreement by the Mayor. . Y Insert the date of execution beneath the Mayor's signature (if not already dated). Estimated Record Retention Review: (5 years from estimated completion and final payment; service and general contracts) X December 2029 (10 years from estimated completion and final payment for construction &CCNA contracts). Please retain one original as a public record and forward the other original to: Robin Hewitt, Enciineerinq Services bm R EDVED V @V 2 0 7014 Ci&y 0rs eaci mayo ' O Office 11/24/2014 10:06:23 am CITY'S O 711GINAL - q City of West ftfm Beach e iY ORttt� MASTER CONTRACT for SMALL UTILITY CONSTRUCTION ITB No. 13-14-407 Contract No. 14570 Contractor Firm: Foster Marine Contractors; Inc. Contractor Address: 3180 Fairlane Farms Road Wellington, Florida 33414 Email: Howard @foster-marine.net Telephone: (561)683-0034 Fax: (561)683-0335 FEI/EIN # 591054370 - THIS CONTRACT is made and entered into by and between the Contractor identified above and the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida whose address is 401 Clematis Street,West Palm Beach, Florida 33401 (the"City" or"Owner"). WHEREAS, the Owner caused to be prepared specification, drawings and other contract documents for certain work and issued an Invitation to Bid ("ITB")for the above-described project;and WHEREAS, the Contractor submitted its Bid in response; and WHEREAS, the Owner determined that the Contractor's Bid represents the best value to Owner and wishes to contract with Contractor under the terms and conditions contained in the Invitation to Bid; NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the Owner and Contractor understand and agree as follows: 1. Small Utility Project. Contractor shall be entitled to submit bid(s) for the issuance of Work Orders for small utility projects(under$300,000), which may include, but are not limited to, the following plus ancillary items: • Water Treatment Facility Work • Water Main installation and repair • Sanitary Sewer Main installation and repair • Storm Sewer Main installation and repair • Sanitary Force Main installation and repair • Valve installation and repair on water main, sanitary sewer main, sanitary force main, and process piping • Air piping installation and repair • Water and Wastewater Pump installation and repair • Material Purchases • Utility Locates • Manholes • Inlets • Conduits Master SmUtility-081514 1 11/24/2014 10.06.23 am • Concrete Work • Road Work • Paving Dewatering • Surveying and Field Engineering for construction layout and as-built drawings • Testing and Laboratory Services • Electrical Improvements • Other small projects as requested 2. Non-Exclusive; No Guaranty. This Contract is non-exclusive and the Owner reserves the right to award other contracts for work falling within the scope of this Contract. No work order(s)or minimum amount of work or compensation is guaranteed under this Contract. 3. Scope of Work. If awarded a Work Order, the Contractor shall furnish all necessary labor, materials, equipment and supplies, and shall execute and complete, to the satisfaction of Owner and in accordance with the terms and conditions of this Contract all work described and shown in the applicable Work Order. The work will be small utility projects (under$300,000). 4. Work Order(sl: 4.1 Owner will issue Work Orders for small utility construction projects to awarded Contractor on an as-needed basis. Each work order will be on the City's form and detail the specific project scope of work, project schedule for completion and compensation. All terms and conditions of this Contract, the General Conditions and the Contract Documents will be applicable to each Work Order. Time shall be of the essence of each Work Order. 4.2 No work is authorized until a work order is fully executed by the Owner. Any amendment to a work order is not effective and not authorized until such amendment is fully executed by the Owner. No Work Order may be amended to exceed $300,000. 4.3 No individual Work Order shall exceed $299,999.99. A comprehensive project shall not be broken into small related segments/projects in order to fall within the limitations of this Contract. Contractor shall not execute any such Work Order. 4.4 The compensation/price to be paid for each individual work order shall be specified in the work order and shall be based on the rates/unit prices shown in Exhibit A. 4.5 Work Orders shall be completed within the time indicated for each Work Order. Time is of the essence of each Work Order. Contractor shall proceed with the work and shall conform to the schedule for each Work Order. Work shall commence on the date indicated in the Notice to Proceed issued by Owner and be substantially complete and then fully complete in accordance with the Work Order schedule and the General Conditions, with such extensions of time as are provided in the General Conditions. 4.6 No Work Order may be issued for Services to be completed after the expiration of this Contract. The form of the City's Work Order is attached to this Contract. 5. Payment and Invoices. Payment for Work Orders shall be made in accordance with the General Conditions of this Contract. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order,'the appropriate completed Small Business participation form and any updated insurance documents. 6. Term of Contract. 6.1 Term of Contract. Subject to the termination rights of the Owner, this Contract shall have a term of three (3) years, commencing as of the date of execution by the Owner. The Owner shall execute this Contract last. Master SmUtility-081514 2 11/24/2014 10:06:23 am J 6.2 Renewal. At the sole option of the Owner, this Contract may be renewed for up to two additional twelve (12) month periods. Contract renewal will only be effective upon a written contract amendment executed by both parties. Renewal terms and conditions for this Contract shall.be unchanged. 7. Liquidated Damages. The actual damages the City and the public may suffer as a result of the failure to complete work under a Work Order within the scheduled time are not ascertainable at the time of this Contract. If said work under any Work Order is not substantially and then fully completed within the time established by the Work Order and the General Conditions, as may be adjusted, the Contractor shall be liable and hereby agrees to pay to the City as liquidated damages, and not as a penalty, a sum per calendar day for each and every day or part of a day thereafter that said work remains incomplete. Unless a Work Order specified otherwise, Contractor shall pay to City the sum of Two Hundred Dollars($200) per calendar day as liquidated damages. 8. Construction Bond(s). If the estimated amount of any Work Order is $200,000 or more, or if a bond is required by ECR/City on any other Work Order, then prior to the commencement of the work under such Work Order, Contractor shall record a public construction bond, in an amount not less than the total cost of such Work Order, on the City's approved forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond(s) prior to commencing work and submittal of first invoice. The ECR Board and City shall be co-obligees under such bonds. The bond shall incorporate by reference the terms of the Contract Documents in their entirety. 9. Required Insurance. 9.1 Contractor shall maintain following liability coverage, in the limits specified, and shall provide evidence of such coverage prior to Contract execution: Comprehensive General Liability: Not less than $1,000,000.00 Combined Single Limit per each occurrence and $2,000,000 aggregate, with bodily injury limits. May not be subject to a self- insured retention or deductible exceeding $25,000. Automobile Liability: Not less than $1,000,000.00 for injuries per person in any one accident or occurrence and $1,000,000.00 in the aggregate for injuries per occurrence or accident, with $100,000.00 for property damage in any one accident or occurrence. May not be subject to a self-insured retention or deductible exceeding $10,000. Worker's Compensation: Worker's Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $500,000 "each accident," $500,000 "disease policy limit," and $500,000"disease each employee." Any liability coverage on claims made basis shall remain effective for five(5)years after final payment. 9.2 Based on the work to be performed, specific Work Orders for specific utility work projects may require additional insurance coverages. 9.3 Additional Insured: All required insurance (except Worker's Compensation and Professional Liability) shall include an Additional Insured endorsement identifying the City of West Palm Beach as Additional Insured. No costs shall be paid by the City for an additional insured endorsement. 9.4 Certificate of Insurance: Evidence of insurance, being a current ACORD certificate of insurance or its equivalent, executed by the insurer, or its agent or broker, evidencing that a policy of insurance and any required endorsements have been issued by the agent/broker shall be delivered to Owner prior to execution of any contract awarded. The Certificate of Insurance shall be dated and show the name of the insured, the specific contract or work authorization by name, WA number and contract number, the name of the insurer, the number of the policy, its effective date, and its termination date. 9.5 Sub-Contractors. Proposer(s)shall ensure that any sub-consultants will maintain during the term of their contract, the above types of insurance, in coverage amounts acceptable to the City. 10. Contractor's Understanding. It is understood and agreed that the Contractor shall, prior to the execution of any Work Order, by careful examination, satisfy itself as to the nature and location of the work, the Master SmUtility-081514 3 11/24/2014 10:06:23 am conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions. Execution of a Work Order by the Contractor shall be a representation that the Contractor has visited the site, reviewed any design criteria furnished by the City, become generally familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor agrees that its inspection of the site and review of information furnished by the City shall be adequate investigation. By execution of a Work Order, Contractor represents that the plans and specifications are consistent, practical, feasible and constructible within the scheduled construction time and Contractor affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or site. Contractor agrees that that if during construction any discrepancies, defects, etc., are discovered by or made known to Contractor, Contractor shall immediately communicate same to the City. 11. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project(or if no certificate of occupancy to be issued, within one year of substantial completion)or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 12 Ethics. Contractor acknowledges, agrees and commits that it shall comply with all applicable state, county and City rules and regulations. 13. Inspector General. Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and any Work Order hereunder, and may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be a material breach of this Contract justifying its termination. 14. Small Business. Contractor agrees to use the certified small businesses identified by Contractor for each Work Order in the manner and proportions set forth in the Work Order and Small Business Commitment form. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program and the utilization of an payment to certified small businesses under this Contract. Contractor shall make said records available to the Owner for inspection during reasonable business hours. 15. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The term "Contract" and or "Contract Documents" shall include all project and work requirements, the terms and conditions contained in this Contract and the General Conditions, on the City website(s), each Work Order and the following documents, all of which taken together are incorporated herein and form the Contract Documents. The Contract Documents,constitute the entire agreement between Contractor and the City and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. No verbal agreement or conversation with any officer, agent or employee of the City either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. , For convenience sake, all of the Contract Documents may not be attached to this Contract, but the indicated documents are incorporated and make up the Contract Documents, regardless of whether they are attached. ❑ General Conditions ❑ Exhibit A—rates/prices ❑ Public Construction bond(s) ❑ Contractor's Insurance ❑ Drug Free Certification ❑ RFP 13-14-407 ❑ The following Contract Documents may be found at www.citvofwpb.org/engineering/. City's Approved Materials List Master SmUtility-081514 4 11/24/2014 10:06:23 am City's Engineering Standard Details ❑ Each Work Order and all associated Documents The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed'in such manner as to avoid conflicts between provisions of the various documents. IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized representatives. ATTEST: CITY OF WEST PALM BEACH . By: By: lku-ne) City Clerk Mayor Date: 2=1 2014 CITY ATTORNEY'S OFFICE Approved t rm and legality By: WITNESS: Contractor: FOSTER MARINE C TRACTORS, INC. ( • - -, c By: Print Na U Print Name: Title: � N'4 Master SmUtility-081514 5 11/24/2014 10.06.23 am WT�STP CITY OF WEST PALM BEACH ;kill Small Utility Construction a ' Q V Y ,,,�R`��r Work Order No. Contract No. 14570 Contractor: Foster Marine Contractors, Inc. Project/Work Title: 1. Work: .A detailed scope of work to be performed under this Work Order is attached as Exhibit A. ❑ (check if applicable) Technical specifications and drawings for the Project prepared by dated , project number (the "Contract Drawings") describe the work and are Contract Documents for this Work Order. 2. Schedule: Time is of the essence of this Work Order. The Contractor shall commence Work under this Work Order on the date indicated in the Notice to Proceed and fully complete said Work in accordance with Exhibit Substantial Completion shall be: days from Notice to Proceed. 3. Work Order Price. The total amount to be paid to the Contractor by the City under this Work Order shall not exceed the sum of ($ ) subject only to adjustment as provided in the General Conditions. The price shall be based on the rates/unit prices under the Contract. No Work Order may exceed the price of Three Hundred Thousand Dollars. Payments shall be made in accordance with the General Conditions. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by City. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents. ❑ (check if applicable) A detailed schedule of values is attached as Exhibit ❑ (check if applicable) Contingency. City and Contractor agree the project budget shall include an Owner's contingency, which shall be utilized in accordance with the General Conditions, sum in the amount of 4. Liquidated Damages. In accordance with the Contract Documents, Contractor shall be liable and hereby agrees to pay to the City as liquidated damages for each and every calendar day or part of a day that the work remains incomplete, the sum of Two Hundred Dollars ($200.00) per calendar day. 5. Construction Bond. Unless indicated below, Contractor will record the required public construction bond, on City forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond prior to commencing work under this Work Order-and submittal of first invoice. ❑ (check if applicable) Construction bond not required and Work Order Price is less than$200,000. 6. Special Terms. Master SmUtility-081514 6 11/24/2014 10:06:23 am 7. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project(or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 8. Small Business: The small business commitment for this Work Order is %. Contractor agrees to maintain in an orderly fashion all relevant records and information.that evidence compliance with the Small Business program and the utilization of an payment to certified small businesses under this Contract. 9. Insurance: Contractor hereby confirms that it maintains the insurance coverages required under the Contract and that certificates of insurance evidencing current policies are on file with the City as of the date of this Work Order. 10. Contract Reference: This Work Order shall be performed under the terms and conditions described within the master contract titled Master Contract for Small Utility Construction, dated by and between the City of West Palm Beach and the Contractor named above ("Contract"). 11. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The following documents are Contract Documents with respect to this Work Order, regardless of whether they are attached: ❑ Technical Specifications and Construction Drawings and specifications identified above. ❑ Scope of Work ❑ Contractor's Bid and Schedule of Values ❑ Construction Schedule ❑ Special Terms ❑ Grant Requirements ❑ Substitution Sheet ❑ Contractor's Material Suppliers List ❑ Schedule of Subcontractors—including suppliers ❑ Trench Safety Compliance Form ❑ Small Business—:Statement of Small Business Participation ❑ The following Contract Documents may be found at www.cityofwpb.org/engineering/. City's Approved Materials List City's Engineering Standard Details CONTRACTOR: CITY OF WEST PALM BEACH FOSTER MARINE CONTRACTORS, INC. By: Geraldine Muoio, Mayor Print Name: Date: —. 20 ATTEST: City Clerk CITY ATTORNEY'S OFFICE Approval as to form and legality By: Master SmUtility-081514 7 11/24/2014 10:06:23 am GENERAL CONDITIONS Y SECTION CAPTION GC 1 Definitions GC 2 Contract Documents GC 3 Owner GC 4 Contractor GC 4.1 Contractor Responsibilities GC 4.2 Contractor Review GC 4.3 Supervision and Labor GC 4.4 Materials and Equipment GC 4.5 Substitution GC 4.6 Quality Assurance GC 4.7 Permit and Fees GC 4.8 Notice to Proceed; Schedule; Delay GC 4.9 Survey; Lines, Grade, Levels and Dimensions GC 4.10 Record Documents GC 4.11 Work Site GC 4.12 Protection of Work and Property GC 4.13 Concealed or Unknown Conditions GC 4.14 Safety GC 4.15 Progress; Reporting GC 4.16 Shop Drawings, Samples and Submittals GC 5 Inspections and Testings GC 6 Correction of Work GC 7 Work by Others at Site GC 8 Changes in the Work GC 9 Completion GC 9.1 Requirements Prior to Substantial Completion GC 9.2 Notice GC 9.3 Substantial Completion GC 9.4 Inspection and Punch List GC 9.4 Substantial Completion GC 9.5 Punch List Retainage GC 9.6 Requirements Prior to Final Inspection GC 9.7 Final Inspection GC 9.8 Owner's Rights GC 9.9 Final As-Built Documents 1 FORM GENCON 100914 11/24/2014 10:06:23 am GC 9.10 Use of Completed Portions GC 10 Payment GC 10.1 Schedule of Values GC 10.2 Taxes GC 10.3 Payment When Performance and Payment Bond Required GC 10.4 Payment Requests GC 10.5 Initial Payment GC 10.6 Progress Payments GC 10.7 Decision to Withhold Certification of Payments Requests GC 10.8 Retainage GC 10.9 Payment to Subcontractors GC 10.10 Final Payment GC 10.11 Final Payment to Subcontractors GC 10.12 Allowances GC 10.13 Contingency Funds GC 10.14 Withheld Payments GC 10.15 Local Government Prompt Payment Act GC 11 Bonds GC 11.1 Performance and Payment Bonds GC 11.2 Surety GC 12 Liens and Releases of Liens GC 13 Insurance; Indemnification GC 14 Subcontractors and Suppliers GC 15 Engineer/Architect's Status GC 16 Termination and Suspension GC 17 Unexcused Delay; Liquidated Damages GC 18 Claims and Disputes GC 19 Warranty Inspection GC 20 Royalties and Patents GC 21 Legal and Ethical Provisions GC 22 Miscellaneous 2 FORM,GENCON 100914 11/24/2014 10:06:23 am GC 1 DEFINITIONS The following definitions will apply regardless of whether the word(s) is capitalized, if the context is appropriate. `'Addenda" is a document issued prior to the opening of bids which clarifies, corrects or changes the bidding requirements or the proposed Contract Documents. "Agreement" is the written instrument which is evidence of the agreement between Owner and Contractor covering the Work. "Change Order" shall mean a written order issued by the Owner and accepted by the Contractor, authorizing additions, deletions, or revisions in the Work, or an adjustment in the contract price, or contract times, issued on or after the Effective Date of the Contract. "claim" shall mean a demand or assertion by the Owner or Contractor seeking an adjustment of the contract price or contract times, or both, or relief with respect to the terms of the Contract." "Constructive Change Directive (CDD)" is a document issued to authorize Work when a change order is not yet issued or has not yet been agreed upon. "Construction Drawings" or "drawings" are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. "Contract date" shall be the date on which the Contract is signed by the last of the two parties to sign and deliver. "Contract Documents" or "Contract" consist of the Contract between the Owner and Contractor, the payment and performance bonds (or public construction bond), the General Conditions, any supplemental or special terms or conditions of the Contract, Construction Drawings, specifications, bidding documents, addenda, and other documents listed in the Contract, regardless of whether physically attached to the Contract, and any amendments or change orders issued and- duly executed after execution of the Contract. "Contractor" shall mean the entity contracting with the Owner to perform the Work or its authorized representative. Contractor shall be lawfully licensed to perform the Work. "contract price" is the total amount payable by the Owner to Contractor for performance of the Work under the Contract Documents. "day" shall mean calendar day, unless otherwise specifically indicated. Where the performance of any act is directed, the time shall be computed so as to exclude the first and include the last day of the prescribed period. When the last day of a period falls on a Saturday, Sunday or legal holiday (observed by the party) the period shall end on the next day that is not a Saturday, Sunday or legal holiday. "Engineer/Architect" shall be used and shall be understood to mean the professional engineer or architect consultant retained by the Owner as the Engineer or Architect of Record, or the designated staff engineer of the Engineering & Public Works Department of the Owner. "fifty percent completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporated and which will remain in place subsequent to Final Completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractor's mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work do not apply to the determination of"Fifty Percent Completion" of the Work for purposes of establishing entitlement to a reduction of retainage. 3 FORM GENCON 100914 11/24/2014 10:06:23 am "Final Certification" is the document issued to Owner by the Engineer/Architect upon finding the Work acceptable under the Contract Documents and all requirements fully performed. "Final completion" shall be deemed to have occurred when'the Engineer/Architect finds the Work acceptable under the Contract Documents and that all contract requirements have been fully performed. "Notice to Proceed" is the written notice given by Owner to Contractor fixing the date on which the Contract time will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. "Owner" or "City" is the City of West Palm Beach. The authorized representative for execution of the Contract and any amendments or change orders is the Mayor. "project" is the total construction, of which the Work performed under the Contract Documents may be the whole or a portion; and may include construction by the Owner and/or separate contractors. "schedule of values" shall be a Contractor prepared and maintained schedule allocating portions of the contract price to various portions of the Work and used as a basis for reviewing the Contractor's application for payment. "shop drawings" are drawings, diagrams, illustrations, schedules and other data specially prepared for the Work by Contractor or its Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Shop drawings are not Contract Documents but are used to demonstrate how the Contractor proposed to conform to the design concept of the Contract Documents for those portions of the Work for which the Contract Documents require submittals. "specifications" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work and performance of related services. "subcontractor' is a person or entity in direct or indirect contract with the Contractor, or with any other subcontractor, to perform a portion of the Work. "substantial completion" shall be deemed to have occurred when the Work has progressed to the point where, in the opinion of the Engineer/Architect, the Work is sufficiently complete, in accordance with the Contract Documents, so that the Owner can utilize the Work and 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 except where a lack of completion of such incidental or incomplete items of Work will adversely affect the complete operation of other areas of the Work. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific are set forth in the Special Terms or Supplemental Conditions. "Supplemental Conditions" are that part of the Contract.Documents which amends or supplements these General Conditions. "Work", means the construction services required by the Contract Documents and includes all labor, equipment, materials, documents and services to be provided by the Contractor to fulfill the Contractor's obligations under the Contract. Work may refer to the whole or a portion of the project. The terms "Owner", "Contractor", "Engineer/Architect" and "Subcontractor" are treated throughout the Contract as if each were of the singular number and masculine gender. 4 FORM GENCON 100914 11/24/2014 10:06:23 am GC 2 CONTRACT DOCUMENTS 2.1 EXECUTION, CORRELATION AND INTENT OF,DOCUMENTS: 2.1.1 The Contract shall be executed in at least two original sets by Owner and Contractor. 2.1.2 The Contract Documents are intended to include all items necessary for the proper execution and completion of the Work by the Contractor. Any labor, services, materials, equipment or documentation that may reasonably be inferred from the Contract documents or trade usage or prevailing custom as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. 2.1.3 The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. In the event of any inconsistency among the Contract Documents, where such inconsistency is not clarified by change order or addendum, the Contract Documents shall be construed according to the following priorities: First Priority: Approved Change Orders, Addendums or Amendments Second Priority: Specifications(quality) Third Priority: Drawings(location) Fourth Priority: Supplemental Conditions or Special Terms Fifth Priority: General Terms and Conditions Sixth Priority: Contract Seventh Priority Invitation to'Bid Eighth Priority Contractor's Bid 2.1.4 In any event of inconsistency, however, the latest, and more stringent, or technical, or the lesser quantity requirements shall control the work to be performed by Contractor, as determined by the Engineer/Architect. 2.1.5 Organization of the Specifications into sections or arrangements of the Construction Drawings shall not control how the Work is distributed to subcontractors or among the trades. 2.1.6 The Contract Documents make no attempt to fix the scope of work of any subcontractor nor the responsibilities of the subcontractors. 2.1.7 Unless otherwise stated in the Contract Documents, words that have well-known conventional or technical or construction-industry meanings are used in the Contract Documents in accordance with such meanings. 2.1.8 Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to laws or regulations, shall mean the standard, specification, manual, code, or laws, or regulations in effect at the time of bid opening or on the Contract date if there were no bids. 2.1.9 The following Contract Documents may be found at www.cityofwpb.org/engineering/ Owner's Approved Materials List Owner's Engineering Standard Details Owner's Right-of-Way Construction Standards (if applicable) 2.2 CONSTRUCTION DRAWINGS AND SPECIFICATIONS. 2.2.1 The Owner through the Engineer/Architect, or the Engineer/Architect as the Owner's representative, shall furnish Construction Drawings and specifications which represent the requirements of the Work as far as practical to be performed under the Contract Documents. The Owner or 5 FORM GENCON 100914 11/24/2014 10:06:23 am Engineer/Architect will provide the Contractor with copies of all drawings and specifications, not to exceed four(4)complete sets, for the execution of the Work. 2.2.2 The Contractor shall, immediately upon receipt of the specifications and Construction Drawings, check all specifications and drawings furnished and shall promptly notify Owner, in writing, of any illegibility, error, omission, defect or discrepancy discovered in such specifications and drawings and shall comment as appropriate upon construction feasibility and practicality. Contractor shall obtain written interpretation or clarification from Engineer/Architect prior to proceeding with any Work affected by such illegibility, error, omission, defect or discrepancy. Contractor shall be responsible for obtaining building permits for the Work based on the specifications and Construction Drawings. The Contractor shall perform work only in accordance with the specifications and permitted Construction Drawings and any subsequent revisions thereto. 2.2.3 If the permit approval process requires a change to the scope of the work, the Contractor shall notify the Owner and Engineer within seven (7) days of Contractor being informed of the required change or receipt of the permitted Construction Drawings and such notification shall contain a written description of the change and its impact on the cost and schedule, if any. Failure to provide such notice within seven (7) days shall be a complete waiver by the Contractor of all additional cost and time and Contractor shall perform and additional work at its expense and complete the Work according to schedule and in no event shall Contractor recover delay or consequential damages. 2.3 OWNERSHIP AND USE OF DRAWINGS AND SPECIFICAIONS 2.3.1 Any and all Construction Drawings produced for the Owner become the property of the Owner. The Contract Documents, in whole or in part, are to be used by the Contractor only with respect to the project and the Work, and shall not be used by the Contractor for any other purpose without written authorization by the Owner. This prohibition shall survive completion or termination of the Contract. The Contractor may retain copies of Contract Documents for record purposes. 2.3.2 For security 'reasons, building plans, construction drawings, security features and technical details and specifications of City-owned facilities are not public documents. These documents may be shared by Contractor with those employees and subcontractors as needed to perform the Work. However, Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without Owner's prior written approval. 2.4 ELECTRONIC DATA Unless specifically stated in Supplemental Conditions or Special Terms, and excepting the electronic documents referenced in GC 2.1.9, the data, specifications and drawings that may be relied upon are limited to the printed copies (hard copies). If the parties intend to transmit any data, information or documentation in digital form, with the intent of reliance on such transmission, and not solely for the convenience of the receiver, the parties to the transmissions shall establish protocols for such transmissions. GC 3 OWNER 3.1 Owner shall be responsible for obtaining any easements necessary for the Work to be performed at the indicated site. 3.2 The furnishing of any surveys, utility locations, or other site information by the Owner does not relieve Contractor of its responsibilities under the Contract Documents. Owner makes no representation or warranty as to the accuracy of any information provided to Contractor. 3.3 Unless otherwise provided in the Contract Documents, Owner shall provide Contractor with at least one (1) but no more than four(4)complete set(s)of Contract Documents. 3.4 Unless otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer/Architect. 6 FORM GENCON 100914 11/24/2014 10:06:23 am 3.5 Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. 3.6 OWNER'S RIGHT TO STOP WORK. If Contractor fails to correct Work that is not in accordance with the Contract Documents, or repeatedly fails to perform Work in compliance with the Contract Documents, Owner may issue a written order to Contractor to stop the Work, or any portion thereof, until the cause for such order has been . eliminated or resolved. - 3.7 OWNER'S RIGHT TO PERFORM WORK. Owner reserves the right to perform or complete all or a portion of the Work in the event of Contractor's failure to perform the Work in accordance with the Contract Documents, after written notice of such failure and a five (5) day period to cure such failure(s).- Owner's exercise of its right to perform the Work shall be without prejudice to any other remedies Owner may have. In such event, a change order shall be issued deducting the Owner's costs, including additional compensation to Engineer/Architect, from payments thereafter due to Contractor. The amounts deducted shall be subject to review by Engineer/Architect. If payments due to the Contractor are not sufficient to cover the amount, the Contractor shall pay the difference to Owner. GC 4 CONTRACTOR 4.1 CONTRACTOR RESPONSIBILITIES. 4.1.1 Contractor shall supervise, inspect and direct the Work, competently and efficiently, in accordance with the Contract Documents. The Contractor shall be held liable to Owner for the performance of all Work provided for under the Contract Documents. 4.1.2 Contractor shall employ and or subcontract with subcontractors that are qualified to successfully complete the Work and within the contract time specified. 4.1.3 Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, heat, utilities, travel, lodging, insurance, facilities and services necessary for the proper execution and completion of the Work. 4.1.4 Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures and safety programs in connection with the performance of the Work. Contractor shall be solely responsible for the engagement, management and performance of any subcontractors used to perform any portion of the Work. 4.1.5 Contractor shall be liable to Owner for materials and equipment furnished. This shall include all materials and equipment whether manufactured and/or fabricated by other persons. In the event that an agent or other representative of the Owner approved the installation or erection of any item of material or equipment and the Contractor feels the same is not fabricated in good workmanlike manner, Contractor shall forthwith advise the Engineer/Architect and the Owner of such situation in writing. 4.1.6 Contractor shall maintain a log of daily Work activities, including manpower records, weather, delays, major decisions, etc., and provide a copy of same to Owner upon request. 4.1.7 Contractor shall maintain a current roster of subcontractors with name and contact telephone numbers for key personnel and provide a copy of same to the Owner at the beginning of the project and at any time the information is revised. 7 FORM GENCON 100914 t 11/24/2014 10.06.23 am 4.1.8. Contractor shall provide a safety program for the project and conduct a safety meeting prior to commencing work and at regular intervals, no less than once per month, during the prosecution of the Work. 4.1.9 For street and utility construction, Contractor shall give notice of commencement of construction to all nearby properties which may be affected by the Work at least seven (7) calendar days prior to commencement of construction. Owner's project manager will assist Contractor in determining those properties requiring notice. 4.1.10 Contractor shall not perform any Work unless the Contractor is in compliance with GC GC 4.8.2 and GC 4.10.1. 4.1.11 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 4.2 CONTRACTOR REVIEW 4.2.1 Contractor shall carefully study and review the Construction Drawings, plans and specifications to assure itself and Owner that Contractor has observed no defects or discrepancies in the Construction . Drawings or specifications and such plans are consistent, practical, feasible and constructible within the scheduled construction time. It is recognized that Contractor's review is made in Contractor's capacity as a contractor and not as a design professional, unless otherwise specifically provided in the Contract Documents. 4.2.2 The Contractor shall, by careful examination, satisfy itself, to the extent it deems necessary, as to the nature and location of the Work, the conformation of the ground and site, access and transportation of materials, the character, quality and quantity of the materials, storage, handling and disposal of materials, the character and storage of the equipment and facilities needed preliminary to and during the prosecution of the Work, the availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions; location of underground utilities; existing site conditions, topography and ground conditions; subsurface geology, and nature and quantity of surface and subsurface materials to.be encountered; the general and local conditions and all other matters which can in any way affect the performance of the Contract. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. No change shall be made to the contract price. on account of minor differences between actual field conditions and the Contract Documents. Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing the Work. 4.2.3 If the Contractor, whether prior to or during construction, discovers or becomes aware of any discrepancies, defects, errors or omissions in the Construction Documents, or any issues or concerns regarding the Work site, Contractor shall immediately report them in writing to the Owner and the Engineer/Architect. 4.2.4 Subsoil Conditions. Unless otherwise stipulated in the Construction Documents, no subsoil investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions as necessary. Contractor shall be responsible for coordinating and scheduling geotechnical services based on Contractor's testing requirements. 4.2.5 Underground Utilities and Facilities. Where applicable, Contractor shall be responsible for locating all underground utilities and facilities. Owner shall not be responsible for the accuracy or completeness of any information or data provided regarding underground utilities or facilities. 8 FORM GENCON 100914 11/24/2014 10:06:23 am 4.3 SUPERVISON & LABOR 4.3.1 Contractor shall supervise, direct and inspect the Work using Contractor's best skill and attention. Contractor shall enforce discipline. and order at the Work site. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction 4.3.2 Project Manager. To ensure that the work will be performed to the requirements of the Contract Documents, Contractor shall, at all times during the progress of the Work, assign and keep a competent Project Manager satisfactory to the Owner. The Contractor shall advise the Owner and Engineer/Architect, in writing, within ten (10) calendar days after the date of Owner's issuance of a Notice to Proceed, the name and local address of the Project Manager who will be in responsible charge of the project, together with the extent of his authority to represent and act on behalf of the Contractor, along with the Project Manager's cell phone number. In the event the Contractor must replace the Project Manager during the pendency of the Project, Contractor shall, unless otherwise impossible, give Owner at least ten (10) calendar days prior notice of such replacement and advise Owner of the name and cell phone number of the new Project Manager. The Contractor will ensure that Owner and Engineer/Architect shall be able to reach the Project Manager at his cell phone number at all working hours and during emergencies. The Project Manager shall represent the Contractor in his absence and all notices and directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in each case. At any time Owner may request and Contractor shall replace the individual performing as Project Manager with an individual acceptable to Owner. 4.3.3 Labor. Contractor shall employ only competent, skilled and suitably qualified personnel to perform the work. Contractor shall remove from the jobsite any personnel of Contractor or subcontractors who is unfit or not properly skilled in the tasks assigned to him, or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound by and comply with all applicable Federal, State and local laws regarding labor. 4.3.4 Hours. Except as otherwise required for safety or protection of persons or the Work, or adjacent property, and except as otherwise provided in the Contract Documents, all Work at the project site shall be performed Monday through Friday, 8 am to 5 pm. If the Contract Documents specifically required work to be performed beyond normal working hours, weekends or legal holidays, or should the completion time required work to be performed at said times, or should the Contractor, with the Owner's permission, elect to perform work at said times, any additional costs resulting from working at said times are the Contractor's sole responsibility. All work performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to Owner. 4.4 MATERIALS & EQUIPMENT. 4.4.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, services, transportation, and other facilities necessary for the execution and completion of the Work. 4.4.2 Unless otherwise specified, only new, unused materials, equipment and items of recent manufacture, of designated quality, free from defects, will be accepted. All workmanship will be of good quality. Contractor shall, if requested, furnish evidence satisfactory to the Owner as to the kind, quality and manufacturer of materials. Owner will be the final authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Contract Documents. 4.4.3 No work defective in construction or quality, or deficient in meeting any requirement of the Contract Documents, Construction Drawings or specifications, will be acceptable regardless of Owner's failure to discover such defects during construction; nor will inspection by the Engineer/Architect relieve Contractor from ensuing the quality of the Work as required by the Contract. No payment, whether partial or final, shall be construed as an acceptance of defective or unacceptable work or improper materials and equipment. 9 FORM GENCON 100914 11/24/2014 10.06.23 am 4.4.4 Approved Materials. Owner's Approved Materials List is found at www.citvofwpb.org/engineedng/ 4.4.5 Samples. Where samples are required, samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into the Work without such review. At least fifteen (15) calendar days shall be allowed for Owner's review. 4.5 SUBSTITUTION. 4.5.1 Substitutions are changes in materials, equipment, methods or sequences of construction, design, structural systems, mechanical, electrical, or other requirements of the drawings or specifications. The naming of a specified product of specific manufacturers for equipment or materials in the specifications or Contract Documents shall be interpreted as establishing a minimum standard of quality and performance. It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified, unless the equipment or materials are specifically designated as not permitting substitution. If Contractor objects to equipment or materials specifically designated as not permitting substitution as not being suitable for the Work, Contractor shall promptly notify Engineer'/Architect in writing, absent which, Contractor shall be deemed to accept the suitability of such equipment or materials for the work. Contractor shall provide written justification and explanation of the objections. Upon receipt of a timely objection notice, Engineer/Architect shall review the objection and render a determination to Contractor of whether a substitute will be permitted. 4.5.2 Contractor may make substitutions only with the consent of Owner, after evaluation by the Engineer/Architect, and in accordance with a change order or construction change directive. The burden of proof that such an item offered is equal in all respects to that specified shall be Contractor's. By making a request for substitution, the Contractor represents: - Contractor has investigated the proposed substitute item, material and/or process and determined that it is equal or superior in all respects to that specified; - That such item will fit into the space allocated; - That such item affords comparable ease of operation, maintenance and service; - That the appearance, longevity and suitability for the climate are comparable; - That by reason of costs savings, reduced construction time or similar demonstrable benefit, the substitution of such item will be in Owner's interest; - There will be no detrimental impact to the project schedule; - That the Contractor will provide the same or better warranty for the substitute item as the specified item; - That the cost data presented at the time of request for review is complete and includes all related costs under the Contract, including costs for review by design professionals, and Contractor waives all other claims for additional costs related to the substitution that are not presented with the request. 4.5.3 All requests for substitutions shall be in writing, with supporting information, shall be submitted by and at the expense of Contractor. Contractor shall submit drawings, samples, data and additional information as may be required by Owner or Engineer/Architect. At least twenty(20) calendar days shall be allowed for Owner's review. 4.5.4 The above representations do not obligate Owner to consent to the substitution. Owner or its Engineer/Architect shall make the determination as to the acceptability of any substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of the Contract. Contractor shall coordinate the change with all trades and bear the expense for any changes in other parts of the work caused by any substitution. 4.5.5 Contractor may make only two requests for substitution in the same category. Contractor shall be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution requests or in modifying any of the Contract Documents to accommodate the substitution, unless otherwise approved by Owner. 10 FORM GENCON 100914 11/24/2014 10:06:23 am 4.6 QUALITY ASSURANCE 4.6.1 Contractor shall develop,'implement and maintain a plan for the Work with quality assurance and management and control of the construction services. Contractor shall maintain a continuous presence at the Work site and an adequate inspection system and perform such inspections as will assure that the Work performed conforms to the requirement of the Contract Documents. 4.6.2 Contractor shall allow the Engineer/Architect full access to the Work for inspection of the Work. When requested by Engineer/Architect, the Contractor shall meet with Engineer/Architect at reasonable times and furnish all information requested. Neither Owner nor Engineer/Architect shall be liable to Contractor for compensation or claims for delay or interference on account of any such meeting, or the supply of information, or tests or inspections. The activities of the Owner and/or the Engineer/Architect in administration of the Contract or in performing tests or inspections shall not relieve the Contractor of its obligations to perform the Work in accordance with the Contract Documents. 4.6.3 Warranty. Contractor warrants to Owner that the Work will conform to the requirements of the Contract Documents and will be free from defects. Work, materials or equipment not conforming to these requirements may be considered defective. Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or subcontractors, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. Warranty by the Contractor shall not be construed as a waiver by the Owner of any other remedy. 4.7 PERMITS AND FEES. 4.7.1 All permits or licenses necessary for the performance of the Work or required by law or ordinance, including building permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise provided.in the Contract Documents. Contractor shall be responsible for all governmental fees, including but not limited to utility fees and connection fees. 4.7.2 Building Construction. For construction of a building, Owner shall be responsible for all City of West Palm Beach construction plan and permit review fees 4.7.3 Surface and Subsurface Water. Contractor shall obtain all permits required from each applicable regulatory agency with respect to the control of surface and subsurface water by Contractor during the work, with copies submitted to Owner, unless otherwise provided for in Supplemental Conditions. 4.7.4 Inspection Fees. Contractor shall be responsible for all inspection fees charged by regulatory/governmental agencies. J 4.7.5 Right-of-Way Permit. For street and utility construction and as otherwise applicable, Contractor shall obtain a City of West Palm Beach right-of-way permit for each required road closure. Contractor shall submit detailed Maintenance of Traffic (MOT) plans, signed and sealed by a professional engineer, for each phase of the Work. During the times Contractor is working in the project area, Contractor shall utilize flagmen, traffic control devices and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans shall be reviewed and approved by Owner prior to implementation of work by Contractor. Contractor shall not close or obstruct any highway, road or other property until the necessary permits have been obtained. 4.7.6 Contractor shall immediately remedy any permit violations and shall be responsible for any damages, remediation, fines or penalties assessed by such agencies for permit violations. 11 FORM GENCON 100914 J 11/24/2014 10:06:23 am 4.8 NOTICE TO PROCEED, SCHEDULE; DELAYS 4.8.1 Notice to Proceed. Contract times will commence to run on the date indicated in the Notice to Proceed issued by Owner, unless otherwise provided in the Contract Documents. 4.8.2 Commencement of Work. If a performance/payment bond(s) or public construction bond is required by the Contract Documents, Contractor may not commence any Work until Contractor has provided Owner with a certified copy of the performance/payment bond(s) evidencing that such bond(s) have been recorded with the Clerk of the Court in the Public Records of Palm Beach County. 4.8.3 Project Schedule. Within ten (10) calendar days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the Owner and to Engineer/Architect, for review and approval, a project schedule utilizing the Critical Path Method (CPM) graphically depicting the activities contemplated to occur as a necessary incident to performance,of the work required to complete the project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The construction schedule shall be complete in all respects, covering approvals, mobilization and demobilization, construction and Owner occupancy, in addition to activities and interfaces with other contractors at the work site, offsite activities such as design, fabrication, allowance for weather delays (if appropriate), submittals, procurement and jobsite delivery of Contractor furnished material and equipment, and shall have a completion date that corresponds to the Contract Documents. By executing the Contract, Contractor confirms that it is capable of properly completing the Work within the completion date set forth in the Contract Documents. The time limit for the completion of the work as described in the Contract Documents is of the essence of the Contract. 4.8.4 Contractor shall take all actions necessary to remain on schedule, at Contractor's sole cost and expense, including but not limited to: 1. Increase manpower as necessary to eliminate work backlog. 2. Increase the number of working hours per shift, shifts per working day, working days per week, construction equipment, or any combination of the foregoing to recover the schedule. 3. Reschedule the work in conformance with specification requirements. 4.8.5 Testing & Inspections. Contractor must provide a minimum of five (5) calendar days prior notice for specified testing or inspections that are to be performed by Owner or separate contractors. Such notice, testing and inspections shall be included in the Contractor's schedule. y 4.8.6 Monthly Construction Schedule. For Projects with schedules exceeding 160 calendar days, or where required by the Contract Documents for shorter duration projects, at the end of each calendar month, Contractor shall prepare a separate construction schedule,,formatted to fit in a three-ring binder, to show the actual progress of the Work performed and the occurrence of all events which have affected the progress of performance of the Work already performed or will affect the progress of the performance of the Work yet to be performed, in contrast with the CPM schedule and planned progress of performance of such Work. Each such schedule shall be submitted to the Owner and Engineer/Architect. Failure of the Contractor to prepare and submit the monthly construction schedule(s) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be sufficient cause to terminate the Contract or to withhold payment to the Contractor until a current monthly schedule is submitted. 4.8.7 Notice of Delay. The Contractor agrees that whenever it.becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and Engineer/Architect of the delay, in writing, within.five (5) calendar days of a commencement of delay or knowledge of a potential delay. The monthly construction schedule does not constitute notice of delay. A breach and default of contract shall result from Contractor's failure to provide the Owner and Engineer/Architect with notice of the delay and failure to take all remedial actions available to recover the project schedule. 12 FORM GENCON 100914 11/24/2014 10:06:23 am 4.8.8 Delay. A. Contractor shall not be entitled to an adjustment in contract time or contract price for delays within the control of, or reasonably foreseeable by, Contractor. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of Contractor. B. Contractor may request an extension of time to the project schedule if Contractor is delayed in the progress of the Work due to causes beyond the control of Contractor and not reasonably foreseeable, including but not limited to, fire, flood, epidemic, terrorist acts, abnormal weather conditions, acts of God, delays of utility owners, any act or.neglect of Owner, or by any separate contractor employed by Owner or by any changes ordered in the Work. Abnormal weather conditions are a substantial variation from seasonal average weather conditions occurring for a significant period of time and operations were necessarily affected. Contractor shall support a claim of abnormal weather conditions with local US Weather Bureau climatological report for the period involved plus a report indicating the average weather conditions for the past 10 years from the nearest reporting station. C. Contract time will not be adjusted for delay in delivery where the delivery was not properly scheduled or an order was not placed at an appropriate time to allow delivery or an order was improperly placed. D. No time extension will be granted for delays resulting from improper scheduling of Contractor's forces or those of separate subcontractors. E. No time extension will be granted to delays from failure to have shop drawings or samples submitted to the Engineer/Architect in ample time for a review, or from failure to schedule inspections or testing. F. Delays caused by subcontractors will be considered for time extensions only-under the same,conditions applicable to Contractor. 4.8.9 Extension of Time. The project schedule may only be changed by an executed Change Order. In the event of a claim of delay in the work, by causes beyond Contractor's control and which could not reasonably be foreseen, Contractor must request an extension of the contract completion date in writing and must provide the following information to Engineer/Architect and Owner within five (5) calendar days of commencement of the delay: 1. Confirmation whether all schedule updates, submittals and other conditions of the Contract have been met; 2. Affirmative representation that the delay is beyond the control cof Contractor and subcontractors and due to no direct or indirect fault of Contractor. Contractor shall include all documentation to justify the delay. 3. Nature of the delay. 4. Dates of commencement/anticipated end of delay. 5. Evidence that the delayed work results in a direct delay to the schedule critical path. 6. List of tasks/work affected by the delay. 7. Anticipated extent of delay. 8. Remedial actions taken to get back on schedule. 9. Recommended action to minimize delay. 10. Confirmation that Contractor has used all the float time available for the work involved in the delay request. 11. _ Such other supporting information as requested by Owner or Engineer/Architect. Contractor acknowledges that the evaluation of time extensions will be based on the above information. Owner will not consider a claim for time extension which does not comply with the preceding requirements. 4.8.10 If Owner approves a Change Order extending the Contract time, such,extension of Contract time shall extends the project construction schedule and completion date and substantial completion date for such reasonable time as Owner shall determine in the Change Order. 13 FORM GENCON 100914 11/24/2014 10:06:23 am 4.8.11 Contractor agrees to complete the Work and project in accordance with the agreed construction schedule, as amended by any approved and duly executed Change Orders. 4.8.12 Waiver. Contractor agrees that failure to timely request a time extension constitutes a waiver by Contractor of such claim for time extension. 4.8.13 Float. Neither the Owner nor the Contractor shall be considered to own the schedule "float" time. 4.8.14 No Damages for Delay: Exclusive Remedy. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims(hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner, Engineer, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, remobilization or demobilization costs, subcontractor delay claims, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the work,whether such delay is avoidable or unavoidable. 4.9 SURVEY: LINES, GRADES, LEVELS AND DIMENSIONS J 4.9.1 The Contractor shall locate and lay out all work from datum and dimension points given on the Construction Drawings. Contractor shall establish and verify lines and grades, levels, elevations and dimensions, as required. Contractor shall take measurements and verify dimensions of existing and new work. Contractor is responsible for the preservation of all lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor or any,of its subcontractors move or destroy or render inaccurate any such lines, points and elevations. The Contractor shall provide five (5) calendar days written notice to the Engineer/Architect as to its needs for lines, levels, elevations or dimensions. 4.9.2 If the Contractor, in the course of the work finds any discrepancy between the Construction Drawings and the physical conditions of the site, or any errors or omissions in the specifications or in the layout as given, Contractor shall immediately inform the Engineer/Architect and the Owner, in writing, and the Engineer/Architect will review the same and provide corrective instructions, if any are necessary. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 4.9.3 Survey. Where applicable to the Work, and unless otherwise specified, the Engineer/Architect shall furnish all land survey control points, base lines and benchmarks for the location of the Work. The Contractor shall be responsible for any necessary surveying services, including construction layout and final project record drawings. All survey work shall be performed by an independent, third party surveyor licensed to practice in the State of Florida, hired by Contractor and surveys shall be signed and sealed. All elevations shall be based on State Plane Coordinates NGVD-29. 4.9.4 For street, utility and other horizontal construction, where Contractor-supplied drawings are required for planning or performance of the Work, such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such,as field connections for installation. Such drawings shall be submitted by and at the expense of Contractor. At least fifteen (15)calendar days shall be allowed for review by Owner. If drawings show variations from the Contract requirements, the Contractor shall describe such variations in writing at the time of submission. Review and permission to proceed by Owner does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials developed or selected by the Contractor and does not relieve Contractor from full compliance with the Contract Documents. 14 FORM GENCON 100914 11/24/2014 10:06:23 am 4.10 RECORD DOCUMENTS: 4.10.1 Record Set. The Contractor shall maintain at the work site one (1) copy of all permitted Construction Drawings and specifications, marked and kept current, to indicate all field changes, and selections made during construction. Contractor shall at all times give the Owner, the Engineer/Architect and all trades performing at the project, access thereto. The record set shall include: a. Construction Drawings b. Specifications c. Addenda d. Change orders and other modifications to the Contract e. Approved shop drawings, product data, and samples f. Permits 4.10.2 The Record set and As-Built Construction Drawings shall neatly, correctly and accurately show all changes made during construction from the Contract Documents and shall reflect surveyed information. The indicated revisions shall be neat and legible. 4.10.3 Final As-Built Documents. Prior to final inspection, Contractor shall provide Owner with "Record" or final"as-built" Construction Drawings and specifications, including all documents listed above, and which comply with the following requirements: - One complete set of mylar or paper marked-up as-built construction drawings with "RECORD" or"AS BUILT"clearly printed on each sheet and signed by Contractor; -One complete paper set of marked-up specifications with "RECORD" or "AS-BUILT" clearly printed on the cover. - One electronic copy of all documents, signed and sealed drawings and specifications in ".pdf' format; - As-built survey, where applicable, prepared by an independent third party land surveyor registered with the State of Florida on State Plane Coordinates certifying the elevation and location of improvements; - For street, utility and other horizontal construction, certified drawings showing horizontal and vertical locations, lines and grade of buried pipe line(s) four (4) inches or larger in diameter and exterior to buildings, and other buried facilities (e.g. valves, tanks, vaults, storm inlets, ducts, etc.) installed or discovered as a result of the Work and which comply with Owner's Final Record Drawing Requirements found at www.citvofwpb.org/iangineerin-g/. - For street, utility and other outdoor horizontal construction, certified drawings showing building corners, sidewalks, paved areas and the location of all above ground structures within the project site. - A list of each piece of equipment incorporated into the Work having an individual value of$500 or greater. The list shall include, at a minimum, manufacturer, make and model number, catalog number, supplier, quantity installed, and value of equipment, and operation and maintenance manuals and warranties where appropriate for such equipment. 4.10.4 Final pay request and connections to any existing utility main will not be approved until final as-built drawings are reviewed and accepted by Engineer/Architect. 4.11 WORK SITE 4.11.1 Access. Contractor's access to the site and storage areas shall be as shown on the Construction Drawings and as designated by the Owner. Access routes may also be used by Owner and its employees and other contractors. No other access points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel. The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic. In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to which the work is to be done, Contractor shall comply with all such conditions or restrictions. Any delay in the furnishing of 15 FORM GENCON 100914 11/24/2014 10.06.23 am these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. 4.11.2 Owner Access. Owner, and its duly authorized employees, the Engineer/Architect, and representatives of all governmental agencies having jurisdiction over Work areas or any part thereof, shall, at all reasonable times, have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner and Engineer/Architect to have access at all reasonable times to all places where equipment or materials are being manufactured, produced or fabricated for use under the Contract. 4.11.3 Contractor Area; Staging Area; Storage. Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its office, storage, assembly, equipment and parking, as appropriate, to the areas so assigned. The Contractor shall identify, at the pre-construction meeting, proposed locations for secure storage areas for materials, equipment, employee and subcontractor parking, and, where applicable, staging areas, construction trailers, etc. The use of private property shall be at the cost of the Contractor. Contractor shall provide evidence of the property owner's agreement to use said property to the Owner. As a condition of final payment, Contractor shall provide Owner with written release from the property owner advising that the property owner has no claims against Contractor arising out of Contractor's use of the private property. 4.11.4 Delivery Unloading & Storage. Contractor shall, at its expense, receive, unload, and store in a secure place, all materials, plant and equipment required for the performance of the Contract. Any material and equipment to be stored outside which are subject to degradation by outside exposure shall be stored in a weather-tight enclosure provided by Contractor at its expense. Where necessary, delivery of materials, plant or equipment from off-site storage to the work site shall be at Contractor's expense. 4.11.5 Utilities. Unless otherwise provided in the Contract Documents, Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas, including, but not limited to: construction power, water as required throughout construction, and telephone service, if needed. Prior to final acceptance of the work, Contractor shall, at its expense, remove all temporary utilities. 4.11.6 Sanitary Facilities. Where required by the work site, Contractor shall provide and maintain daily adequate sanitary facilities for the use by the Contractor's labor force. 4.11.7 Fire Protection. All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. Contractor shall provide portable fire extinguishers, properly labeled, located and compatible with the hazard of each work area and shall instruct personnel in their use. 4.11.8 Illumination. When required, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on satisfactorily and safely. 4.11.9 Dust Control. Contractor shall, at its expense, take measures to minimize the amount of dust created by construction activities. For street, utility and other horizontal construction, this requirement applies to all excavations, roads, plant sites, borrow areas and all other work areas. Code- required or industry-accepted methods of dust control suitable for the area involved and approved by Owner will be permitted. 4.11.10 Noise Control. The Contractor shall make every effort to minimize noises caused by Contractor's operations. Equipment shall be equipped with silencers or mufflers designed to operate with the least possible noise in compliance with Federal, State and local laws and regulations. 4.11.11 Pollution Control. Contractor shall, at its expense, perform its Work so as not to discharge from any source into the atmosphere, or any body of water, or the ground or groundwater, any source, smoke, dust or other contaminants in violation of the federal, state, and local pollution laws, rules, regulations and orders (collectively, the "discharge law"). Contractor shall, at its expense, provide 16 FORM GENCON 100914 11/24/2014 10:06:23 am suitable facilities to prevent any such discharges. In the event of a discharge which results in contamination of the site or adjacent properties, Contractor shall immediately notify Owner and the appropriate governmental authority and shall take whatever action is necessary, required by discharge law or desirable to remediate the contamination at Contractor's sole expense. Contractor shall pay all fines, penalties and damages resulting from any such discharges. Contractor shall indemnify and hold harmless Owner from any expense, fine, penalty, obligation, action or liability resulting from such discharge and remedial actions. 4.11.12 Existing Utilities and Substructures. For street, utility and other horizontal construction, Contractor shall be responsible for locating existing utilities and facilities prior to commencement of work. Contractor shall contact all utility companies and call SUNSHINE at (800) 432-4770 at least 48 hours prior to commencement of construction work, so utilities can locate and protect facilities, if required by the utility company. 4.11.13 Florida Lumber. Whenever available, Contractor shall use lumber, timber and other forest products produced and manufactured in Florida provided the price, fitness and quality of such products are equal to substitute products. (F.S. 255.20(3)). 4.11.14 Cutting and Patching. Contractor is responsible for all cutting, drilling, patching, fastening or anchoring of all new and existing construction required to complete the Work. Contractor shall not damage any portion of the Work or existing construction or work of other contractors except with the written consent of Owner and any separate contractor. Contractor shall restore all area to the conditions existing prior to the cutting, drilling, patching,fastening or anchoring, unless otherwise required by the Contract Documents. 4.11.15 Cleaning Up. Upon completion of any portion of the Work, Contractor shall remove at its own expense from Owner's property all temporary structures, equipment and surplus materials not required for later stages of work, rubbish, and waste materials resulting from its operations. Contractor shall clean the site and shall remove stains, spills and other foreign deposits. Contractor shall not burn waste materials at the site, shall not bury debris or excess materials and shall not discharge volatile or other harmful or dangerous materials into the environment. Contractor shall remove temporary protection devices unless otherwise directed by Owner. For street, utility or other horizontal construction, Contractor shall sweep paved areas and rake clean landscaped areas. Any costs incurred by Owner as a result of Contractor's failure to clean up shall be deducted from the contract price. 4.11.16 Debris Disposal. All debris shall be legally disposed of at licensed disposal site(s). Contractor shall make its own arrangements, at its,own cost, for the lawful disposal of rubbish and waste materials. If requested by Owner, Contractor shall provide evidence of proper disposal. 4.11.17 Salvage. Owner reserves the right to retain any surplus or salvage materials. Contractor shall store or re-locate any materials to be retained by Owner as directed by Owner. 4.11.18 Water Catchment Area. The City is the owner of the Water Catchment Area located in Palm Beach County, Florida (the "Water Catchment Area"). The Water Catchment Area serves as a natural surface water supply source for the City of West Palm.Beach and has been designated as a Class I potable water supply pursuant to the Special Laws of the Florida Legislature, Ch. 67-2169, as amended, and is protected by State and Federal laws. Grassy Waters Preserve and the M-Canal are part of the City's Water Catchment Area. If the work site is within the Water Catchment Area, Contractor's work an activities in the Water Catchment Area shall in no way be inconsistent with the Special Act or the laws and regulations governing water supply sources. 4.12 PROTECTION OF THE WORK AND PROPERTY. 4.12.1 The Contractor shall be solely responsible for initiating and continuously maintaining adequate protection of all work from damage, loss, theft or damage from whatever cause, and shall take all reasonable precautions to protect the property of the Owner and third parties from damage, theft, 17 FORM GENCON 100914 11/24/2014 10.06.23 am injury or loss arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with respect to prevention of damage. 4.12.2 Contractor. shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to Owner within three(3) calendar days of each incident. 4.12.3 For street, utility and other horizontal construction, Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the site, which, as determined by Owner, do not reasonably interfere with the performance of the Work. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in as good condition as it was prior to beginning of the Contract. Where practical, Contractor shall erect a temporary fence around the work site. 4.12.4 For street, utility and other horizontal construction, existing utilities and facilities shall be located prior to commencement of Work. Contractor shall video tape the existing surface conditions of the Work site and adjacent areas before commencing Work, after each discrete portion of the Work and when project is complete. Contractor shall submit two (2) copies of the video tape to the Engineer/Architect prior to submittal for final payment. 4.12.5. Risk of Loss. Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner,,the Contractor shall have full and complete charge and shall bear all risk of loss of, and injury or damage to, the Work performed under this Contract, or any portion thereof, including materials and equipment, and Owner-furnished supplies and equipment, from any cause whatsoever. Contractor shall rebuild, repair, restore and make good any damages, injury, or loss to the work and to the property of the Owner or third parties, except such as may be directly due to errors in the Contract Documents which the Contractor could not have discovered through due diligence, or caused by agents or employees of the Owner, unless such loss or damage would be covered by any policy of insurance maintained by the Contractor. All costs in connection with any repairs or restoration necessary or required as a,result of damage shall be borne by Contractor. 4.13 CONCEALED OR UNKNOWN CONDITIONS. 4.13.1 If Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents, or(2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, or(3)are not observable prior to bidding or inferable by the type of construction, the Contractor shall promptly provide written notice to the Owner and Engineer/Architect before conditions are disturbed, and in no event more than three (3) calendar days after first observance of the conditions. The Engineer/Architect will promptly investigate such conditions and, if the Engineer/Architect determines that the conditions are a material difference which will cause an increase or decrease in the Contractor's costs or time required for performance of the Work, will recommend an equitable adjustment in the contract price or contract time, or both. Any such recommended adjustment must be approved by Owner through issuance of a Change Order to be effective. If the Engineer/Architect determines that the conditions do not materially differ from those indicated in the Contract Documents, or that no equitable adjustment is justified, the Engineer/Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Engineer/Architect's determination or recommendation, that party may proceed to mediation as provided in GC 17.7; however, the parties shall mutually agree on an independent third party professional engineer to serve as mediator. 4.13.2 Contractor shall not be entitled to any adjustment in the contract price or contract time if Contractor knew of the existence of such conditions at the time of submission of a bid or becoming bound under the Contract; or the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation or test of the site by Contractor, as indicated in the 18 FORM GENCON 100914 11/24/2014 10:06:23 am Contract Documents, prior to making such commitment; or Contractor failed to give written notice as provided in GC 17.1. 4.13.3 If, in the course of the Work, Contractor encounters human remains or recognizes the existence of burial markers or archaeological sites not indicated in the Contract Documents, the Contractor shall immediately suspend any Work that would affect the remains or sites and shall notify the Owner and Engineer/Architect. The Owner shall take any action necessary to obtain the authorization required to resume Work. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner, but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the contract price or contract schedule arising from the existence of such remains or features may be made as provided in GC 8.2. 4.14 SAFETY 4.14.1 Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner, Contractor shall take all necessary precautions for the protection of all persons involved in the Work, the public, and all employees or representatives of Owner. Contractor shall be, responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor will provide to each worker on the job site the proper safety equipment for the ` duties being performed by the worker and will not permit any worker on the job site who fails or refuses to use the safety equipment. All work and all equipment, machinery, materials and tools shall be in compliance with and conform to all applicable laws, ordinance, rules and regulations. 4.14.2 For Work impacting streets and public rights-of-way, Contractor shall provide and maintain flagmen, traffic control devices, barricades, signs and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans shall be reviewed and approved by Owner. 4.14.3 If Owner or Engineer/Architect observe an unsafe or hazardous condition at the Work site, such hazard or safety condition shall be brought to the Contractor's attention. Contractor shall stop Work until such hazard or safety condition is remedied by Contractor. 4.14.4 Hurricane Plan. If any Work is to be performed during hurricane season, Contractor shall provide Owner with Contractor's hurricane plan prior to the commencement of any Work. The hurricane plan shall describe the actions to be taken to secure the work site(s) in the event a named tropical storm or hurricane is predicted to affect the project work area. Contractor shall abide by Owner's requirements, Required Storm Preparation Process, found at www.citvofwpb.org/engineering/. 4.14.5 Explosives and Hazardous Materials. Contractor shall obtain all required federal, state and local permits and licenses and shall be responsible for the safe and proper handling, transportation, storage and use of any explosive or hazardous material brought onto or encountered within the site. The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered on the site. Contractor shall maintain and post as necessary, Material Hazard Data Sheets for all applicable hazardous materials used in the course of the Work. In the event that hazardous material is improperly handled or stored by the Contractor or its sub-contractors, which results in contamination of the site, Contractor shall immediately notify the Owner and the appropriate governmental authority and shall take whatever action is necessary, required by law, regulation or order, or desirable to remediate the contamination at the Contractor's sole cost and expense. Contractor shall indemnify and hold harmless the Owner from any expense, fine, penalty or obligation, action or liability resulting from such contamination and remedial actions. 4.15 PROGRESS; REPORTING 4.15.1 Weekly Reporting: Copies of all daily reports prepared by the Contractor and his subcontractors shall be submitted to the Owner on a weekly basis for the preceding seven' (7) calendar days. 19 FORM GENCON 100914 11/24/2014 10.06.23 am 4.15.2 Bi-Weekly Reporting: Contractor shall be required to submit to Owner, on a bi-weekly basis, two (2) copies of 8 1/2"x 11" color photographs indicating the progress of the Work over the preceding fourteen (14)days and identifying the dates that the Work shown was performed. 4.15.3 Progress Meetings. The Contractor shall, at its expense, attend any and all meetings called by the Owner to discuss the Work under the Contract. The Owner, or its Engineer/Architect, will distribute typed minutes of each meeting to all attendees. Failure of Contractor to promptly object to the typed minutes shall constitute Contractor's agreement with the content of the typed minutes. 4.15.4 If at any time Contractor's actual progress is inadequate.to meet the completion time requirements of the Contract and this lack of progress is the sole fault of the Contractor, Owner may so notify Contractor who shall thereupon, at its expense, take such steps as may be necessary to improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion with the times scheduled and Contractor fails to take reasonable actions to timely cure, Owner may declare a default of the Contract. 4.16 SHOP DRAWINGS, SAMPLES AND SUBMITTALS 4.16.1 Contractor shall prepare.and keep current for Engineer/Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer/Architect reasonable time to review submittals. 4.16.2 Contractor shall approve and submit to the Engineer/Architect those shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of separate contractors. Contractor shall perform no portion of the Work for which shop drawings, product data, samples or other submittals are required by the Contract Documents until such submittal has been reviewed and approved by Engineer/Architect. 4.16.3 Contractor represents by submitting the shop drawings, product data, samples and similar submittals that Contractor has reviewed them for conformance to the Contract Documents, and verified the materials, measurements and field criteria related thereto. 4.16.4 Contractor shall not be relieved of responsibility for conformance to the Contract Documents by Engineer/Architect's approval of show drawings, product data, samples or similar submittal, unless Contractor has specifically informed Engineer/Architect of such variance or deviation at the time of submittal and either: (i) the Engineer/Architect has given written approval of the specific deviation as a minor change in the Work; or (ii) a Change Order or Constructive Change Directive authorizing the deviation has been issued. Engineer/Architect's approval does not relieve Contractor of responsibility for errors or omissions in shop drawings, product data, samples or similar submittals. 4.16.5 Contractor shall make any corrections to the submittal required by Engineer/Architect and shall resubmit revised submittals for review. Contractor shall direct specific attention, in writing, to any revisions other than the corrections called for by Engineer/Architect on previous submittals. In the absence of such written-notice, Engineer/Architect's approval does not apply to such unidentified revisions. GC 5 INSPECTION &TESTING 5.1 INSPECTION. 5.1.1 Access for Inspection. Owner, Engineer/Architect and their representatives shall at all times have access to the Work whenever it is in preparation or progress. Contractor shall give the Engineer/Architect timely notice of its readiness for inspection when the Contract Documents or 20 FORM GENCON 100914 11/24/2014 10:06:23 am applicable laws, ordinances, or any public regulatory entity require any Work to be inspected by the Engineer/Architect. 5.1.2 'Regulatory Inspection by City. Should Contractor require inspection by City staff, in its regulatory capacity, on days the City is closed for regular business or after 3:30 pm on regular work days, Contractor shall be required to reimburse the City for staff overtime or additional costs. 5.2 TESTING. 5.2.1 If the Contract Documents or applicable laws, ordinances, or any public regulatory entity require any Work to be specially tested or approved, Contractor shall make arrangements for such tests or inspections with an independent testing laboratory or entity acceptable to Owner and shall give the Engineer/Architect timely notice of the date fixed for such testing. Contractor shall be responsible for all costs of testing, inspections and approvals. Tests and inspections shall be made promptly to avoid delays in the Work. 5.2.2 Unless otherwise provided in the Contract Documents, shop testing of material, equipment or Work shall be performed by Contractor at its expense and in accordance with the technical specifications. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary to permit tests to be performed on materials or work in place, including reasonable stoppage of Work during testing. 5.2.3 If any Work should be covered up prior to any required inspection or test by Owner or Engineer/Architect, it must be uncovered for inspection and properly restored at Contractor's expense. If any Work not required to be inspected or tested is covered up and Engineer/Architect specifically requests to inspect such Work, Contractor shall uncover such Work. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be at Owner's expense, by appropriate Change Order. If such Work is not in accordance with the Contract Documents, the costs of uncovering and correction shall be at Contractor's expense. 5.2.4 Should tests in addition to those required by the Contract Documents be desired by Owner, Contractor will be advised in reasonable time to permit such additional testing at Owner's expense, unless additional tests are required due to Contractor's Work or materials having failed any initial test. 5.3. If inspection or testing reveal failure of portions of the Work to comply with the Contract Documents or applicable laws, all costs as a result of such failure, including those of repeated testings and compensation for Engineer/Architect's services and expenses shall be at Contractor's expense. 5.4 Required certificates of testing, inspection or approval shall be secured by Contractor and delivered promptly to Engineer/Architect, unless otherwise provided by the Contract Documents. GC 6 CORRECTION OF WORK 6.1 DEFECTIVE MATERIAL, EQUIPMENT OR WORKMANSHIP. If any material, equipment or workmanship is determined by Owner or Architect/Engineer, either during performance of the Work, during final inspection or during the warranty period, to be defective or not in compliance with the Contract Documents, Owner shall notify Contractor in writing that such material, equipment or Work is rejected and Owner reserves the right to withhold payment on any such item. Contractor shall commence correction of the Work within seven (7) calendar days of written notice by Owner. Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or Work by making the same strictly comply with all requirements of the Contract Documents. All costs of correcting such rejected Work, including additional testing and inspections, uncovering and replacing, and compensation for Engineer/Architect's services and expenses, material, equipment, clean up, debris removal, and safety precautions, shall be at Contractor's expense. If correction of the Work requires 21 FORM GENCON 100914 11/24/2014 10:06:23 am damaging work completed by other contractors, Contractor shall be responsible for the costs to replace such work. 6.2 WARRANTY. Contractor further agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. Owner or Engineer/Architect shall provide Contractor with written notice of non-conformance. If Contractor fails to correct non-conforming Work within a reasonable time after receipt of notice, the Owner may correct the Work. 6.3 ACCEPTANCE OF NON-CONFORMING WORK. If Owner deems it inexpedient to correct Work that has been damaged or that was not performed in accordance with the Contract Documents, Owner may accept such non-confirming work and an equitable deduction from the contract price shall be made for such work. Contractor shall warrant the accepted but non-conforming work in accordance with GC 6.2. 6.4 The Contract Documents and the obligation of Contractor to perform corrective Work survive final completion of the Work and final payment. 6.5 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK. If Contractor should neglect to prosecute the Work diligently in accordance with the Contract Documents, or fail to correct defective or nonconforming Work, or fail to perform any provisions of the Contract Documents, Owner may, after ten (10)calendar days written notice to Contractor and opportunity to cure, make good these deficiencies and may deduct the cost thereof from payment due Contractor. A deductive Change Order shall be issued for the Owner's reasonable costs of correcting or completing the Work, including Owner's expenses and compensation for Engineer/Architect's services and expenses. The Change Order amount shall be subject to review and approval by Engineer/Architect. If payments due to Contractor are not sufficient to cover the Change Order, Contractor shall pay the difference to Owner. Owner's correction of the Work and acceptance of a deductive Change Order shall be without prejudice to any other remedies Owner may have. GC 7 WORK BY OTHERS AT SITE 7.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contract in connection with other portion of the Project or other construction or operations on the site. 7.2 Where the Owner is utilizing its own forces or multiple contracts for the Project, Contractor shall provide reasonable advance notice to Owner and other contractors regarding the Project Schedule and the portions for work to be performed by them. Contractor shall coordinate its construction and operations with Owners and other contractors performing work on the Project. 7.3 If.part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer/Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 7.4 Contractor shall reimburse the Owner for costs incurred by Owner payable t a separate contractor because of Contractor's delays, improperly timed activities, damage to the other contractor's work or defective construction. Owner shall be responsible to Contractor for costs incurred by Contractor because of a separate contractor's delays improperly timed activities, damage to Work or defective construction. 22. FORM GENCON 100914 11/24/2014 10:06:23 am 7.5 If a dispute arises among Contractor and other contractors on site as to the responsibility to maintain the premises, correct work, clean up or take any other action, Owner may take the necessary action and Engineer/Architect will assess the costs to those deemed responsible by Engineer/Architect. GC 8 CHANGES IN THE WORK 8.1 Owner, without invalidating the Contract Documents may order written additions to or deductions from the Work, the contract price being adjusted accordingly. 8.2 REQUEST FOR CHANGE ORDER. If Contractor believes that a variation or change justifies a modification in the contract price, Contractor may submit a request for Change Order at its expense. If a request for Change Order is made, Contractor is not authorized to vary the Work unless a written Change Order is executed by Owner or written Construction Change Directive is issued by the Engineer/Architect and executed by Owner. No Change Order shall be valid unless executed by the authorized signatory of Owner. 8.3 NOTICE TO ENGINEER/ARCHITECT. Contractor shall notify the Engineer/Architect in writing within seven (7)calendar days of any occurrence which, in the opinion of Contractor, entitles it to claim an adjustment of the Contract price or a time extension, absent which notice, Contractor shall have waived such claim. The Engineer/Architect will provide a response to Contractor and Owner with respect to a request for change order within a reasonable amount of time after receipt of Contractor's notice and all necessary backup information required by Engineer/Architect to formulate a response. 8.4 The Engineer/Architect shall not be authorized to bind Owner to change in contract price or contract time. 8.5 CHANGE ORDER. 8.5.1 Execution of any change order by the parties shall constitute a final settlement and release by Contractor of all matters relating to the claim or change in the Work which is the subject of the change order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the contract price and the contract time. 8.5.2 Any change order approved due to price change in materials shall not include a premium, profit or any other additional cost. 8.5.3 A bond rider from the surety shall be submitted to the Owner with each change order that increases the contract price. 8.5.4 The number of change orders to the Contract submitted by Contractor may be considered by Owner in considering other subsequent bids submitted by Contractor. Excessive change orders may also result in suspension from the Owner's future procurements. The determination of excessiveness shall be made solely by Owner considering the scope of work, schedule of bid items, contract price, unforeseen circumstances, and reasons for any change orders. 8.6 CONSTRUCTIVE CHANGE DIRECTIVE. If a change order is not yet approved or cannot be agreed upon, Contractor is authorized, upon issuance of a written construction change directive (CDD) prepared by the Engineer/Architect and approved by Owner, to proceed with such change. If a construction change directive provides for an adjustment to the contract price, the adjustment shall be calculated as follows: - Unit prices as stated in the Contract Documents - Labor at the prevailing hourly basic rates plus applicable multipliers for overtime, weekend and holidays, plus applicable taxes. Mark up on labor is not permitted. Labor shall not include supervision above the project manager. 23 FORM GENCON 100914 11/24/2014 10:06:23 am Net actual costs of materials including sales tax. Rental costs of machinery and equipment, excepting hand tools, including fuel. Reasonable overhead and profit, not exceeding fifteen percent (15%) inclusive of bond rider, permits, insurance, overhead and profit, supervision and general conditions. Or by mutual acceptance of a lump sum properly itemized and supported; Upon approval by Engineer/Architect and Owner as to any adjustments to the contract price and/or contract time for changes performed under a CDD, such approval shall be recorded by the preparation of a Change Order. Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a Change Order. Each CDD shall have a separate change order. 8.7 Commencing Work without a written change order or Construction Change Directive executed by Owner in advance of commencement of work waives any claim by Contractor to an adjustment to the contract price and the contract time. 8.8 MINOR CHANGES IN WORK. Engineer/Architect shall have the authority to order minor changes in the Work, by written direction to Contractor, which do not involve adjustment to the contract price or contract time and which are not inconsistent with the intent of the Contract Documents. A subsequent Change Order shall be executed. 8.9 OWNER'S RIGHT. The Owner reserves the right to perform the requested changes in the Work with its own forces, or to contract with others to perform the changes. GC 9 COMPLETION 9.1 REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION. When Contractor considers the Work to be substantially complete, Contractor will submit to Engineer/Architect, the following items which shall be completed as a condition precedent to Substantial Completion and prior to notice by Contractor of Substantial Completion: A. All general construction completed and the project components shall be clean and all systems fully functional. B. All mechanical and electrical work substantially complete, fixtures in place, connected, cleaned, fully functional and ready for use. C. All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled. D. Project site shall be cleared of Contractor's excess equipment and/or supplies and material. E. Record drawings and specifications meeting the Owner's requirements shall be delivered to Engineer/Architect. The above are also conditions for Final Completion. 9.2 NOTICE. Contractor shall notice Owner and Engineer/Architect when Contractor considers the Work, or a portion thereof which Owner agrees to accept separately, is substantially complete and shall request an inspection. 9.3 SUBSTANTIAL COMPLETION. 9.3.1 If after inspection, the Engineer/Architect finds that the Work is substantially complete, Engineer/Architect shall issue to Owner and Contractor a Certificate of Substantial Completion that shall establish the date of Substantial Completion. = 24 FORM GENCON 100914 11/24/2014 10.06.23 am 9.3.2 If Substantial Completion is not obtained at the inspection called by Contractor, for reasons which are the fault of Contractor, any additional cost to Owner for the Engineer/Architect for any subsequent inspections for the purpose of determining Substantial Completion shall be the responsibility and expense of Contractor and shall be assessed against the final payment application. 9.4 INSPECTION AND PUNCH LIST. Within three (3) calendar days of Substantial Completion as determined by Engineer/Architect and Owner, a walkthrough with Contractor shall be scheduled. L The purpose of this walkthrough is to develop a joint final punch list of items necessary to complete the Work. ii. Said punch list shall be prepared, signed by Engineer/Architect and Owner and delivered to Contractor not later than three (3) calendar days after the walkthrough. Engineer/Architect and Owner shall separately list each item of the punch list required for Final Completion. iii. Any dispute over punch list items shall be mediated between Owner and Contractor with Engineer/Architect acting as mediator to develop an agreed punch list signed by Owner, Contractor and Engineer/Architect no later than nine (9) days from the date of the walkthrough. iv. Agreed punch list items shall be corrected and a final inspection requested by Contractor within thirty (30) days from delivery of the agreed punch list, unless a greater time is provided in the contract. All agreed punch list items shall be corrected by Contractor prior to any request for final inspection and acceptance. If the Contract provides for a multi-phased or multi-structure project, a punch list may be developed for each phase or structure. V. In no event may the Contractor request payment of final retainage under Florida Statutes §218.735(7)(e) until the Contractor considers the final punch list to be 100%complete. vi. Contractor acknowledges and agrees that no item contained on the final punch list shall be considered a warranty item until such time as (a) the final punch list is 100% complete, and (b) Owner has been able to operate or utilize the affected punch list item for an additional period of fifteen (15)calendar days. vii. Contractor acknowledges and agrees that Engineer/Architect as representative of Owner 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 Engineer/Architect generated lists prior to Substantial Completion is to attempt to streamline the punch list process upon achieving Substantial Completion, and to allow for the Contractor to address needed areas of corrective work as they may be observed by Engineer/Architect during performance of the Work. viii. Contractor acknowledges and agrees that in calculating 150% of the amount which may be withheld by Owner as to any final punch list item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(e), Owner 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 punch list 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 punch list completion. 25 FORM GENCON 100914 11/24/2014 10:06:23 am ix. The failure to include any Work or pending items not yet completed on the punch list does not alter the responsibility of the Contractor to complete all the construction services and Work purchased under the Contract. 9.5. PUNCH LIST RETAINAGE. Following delivery of the punch list, Contractor shall list the estimated cost'of completing each item each item of the punch list required for final completion, and submit the list of estimated costs to Owner for Owner's review and determination. Owner may retain a sum equal to 150% of the estimated cost of correcting and completing the unfinished punch list items, as determined by the Owner. Upon completion of all items on the punch list, Contractor may submit a payment request for all remaining retainage. If a good faith dispute, as determined by Owner, exists as to whether one or more items identified on the punch list have been completed pursuant to the Contract, Owner may continue to withhold up to 150% of the total costs to complete such items(s), as determined by Owner. 9.6 REQUIREMENTS PRIOR TO FINAL INSPECTION. The following items shall be completed as a condition precedent to a request by Contractor for final inspection: 1. Completion of.all punch list items recorded from the Substantial Completion inspection. 2. Submittal of any items condition precedent to Substantial Completion that had not previously been submitted. 3. Issuance of all permits and certificates, test certificates, inspections, certificates of occupancy and other approvals and releases by governing authorities required for Owner's occupancy and use of the project. 4. All sets of operation and maintenance manuals and service agreements for all equipment shall have been submitted to Owner, as referenced in the technical specifications. 5. Manufacturers' certifications and warranties and any special guarantees or maintenance agreements shall be delivered to Owner. 6. A complete"set of "RECORD" or "AS BUILT" drawings, meeting Owner's requirements. Contractor shall sign each final record drawing and note thereon that the final as-builts are complete and accurate. 7. A complete set of marked-up specifications with "RECORD" or"AS-BUILT" clearly printed on the cover. Contractor shall accurately and neatly transfer all deviations from project specifications to final as-builts. 8. A complete set of final shop drawings. 9. For street, utility and other horizontal construction, two copies of the video tape of surface conditions. 10. A signed and notarized affidavit indicating that no asbestos containing materials were used or installed during the course of the Work. 11. A list of each piece of equipment incorporated into the Work having an individual value of $500 or greater. The list shall include, at a minimum, manufacturer, make and model number,catalog number, supplier, quantity installed, and value of equipment. 12. All required spare parts, as well as any special devices and tools and extra stock of materials shall be delivered to Owner. 13. Extra stock of materials or other items paid for by Owner. 14. A deductive change order for any uncommitted contingency or allowance funds has been prepared and submitted in draft. 15. All keys and blanks shall have been provided to Owner. 9.7 FINAL INSPECTION. Contractor shall certify to the Owner and Engineer/Architect in writing that all punch list items have been completed, all requirements for Substantial and Final Completion have been met, and the Work is ready for final inspection. The Engineer/Architect will schedule such inspection with Owner and Contractor. When Engineer finds the Work acceptable under the Contract Documents, completed and all requirements fully performed, Engineer/Architect shall issue a Final Certification to Owner. Should.the Engineer consider"that the Work is incomplete or defective, the Engineer/Architect will promptly notify the Contractor in writing, listing the incomplete or defective work. The Contractor will take immediate steps to remedy the stated deficiencies and send a second written certification to the Engineer/Architect when the Work is complete. The Engineer/Architect will re-inspect 26 FORM GENCON 100914 11/24/2014 10.06.23 am the Work. Should the Engineer/Architect be required to perform re-inspections due to the failure of the Work to meet Contract requirements, the Owner may deduct the additional costs to Owner from the Contractor's final payment. 9.8 _ OWNER'S RIGHTS. In the event incomplete, incorrect or defective work is not completed to the Owner's satisfaction within twenty(20) calendar days of the Engineer/Architect's notice to Contractor that the Work is not acceptable, Owner may, after ten (10) calendar days written notice to Contractor and opportunity to cure, make good the deficiencies and may deduct the cost thereof from final payment due Contractor. If payments due to Contractor are not sufficient to cover the costs, Contractor shall pay the difference to Owner. Owner's correction of the Work shall be without prejudice to any other remedies Owner may have. 9.9 FINAL AS BUILT DOCUMENTS. Prior to final inspection, Contractor shall provide Owner with "Record" or "as-built" drawings, specifications and documents which comply and Owner's Final Record Drawing Requirements found at www.citvofwpb.org/engineering/. 9.10 USE OF COMPLETED PORTIONS. Owner shall have the right to take possession of and use any substantially completed portions of the Work. Such use by Owner shall not be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any Contract Documents provisions; provided that Contractor shall not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use. However, if, in the opinion of Engineer/Architect, such use increases the cost or delays the completion of remaining portions of Work, Contractor shall be entitled to an equitable adjustment under the Contract. GC 10 PAYMENT 10.1 SCHEDULE OF VALUES. Within ten (10) calendar days after the date of the Owner's issuance of a Notice to Proceed, Contractor shall submit for review and approval of Owner and Engineer/Architect, a schedule of values, by phases of work, to show a breakdown of the contract price for the various portions of the Work and corresponding to the payment request breakdown and progress schedule line .items. The schedule of values must also show dollar value for each unit of work scheduled. Any Change Orders shall be added as separate line items. This schedule, unless objected to by Engineer/Architect, shall be the basis for reviewing Contractor's applications for payment. 10.2 TAXES. Contractor shall pay all taxes, duties and assessments imposed by law and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall pay all sales taxes. The Contract price shall include all taxes. 10.3 PAYMENT WHERE PERFORMANCE AND PAYMENT BONDS REQUIRED:' If the Contract requires Contractor to provide Performance and Payment Bonds, or a Public Construction Bond, no payment shall be made by Owner to Contractor until Contractor has provided Owner with a certified copy of the Performance and Payment Bonds, or a Public Construction Bond evidencing that said bond(s) have been recorded with the Clerk of the Courts in the public records of Palm Beach County. 10.4 PAYMENT REQUESTS. Payment requests shall be submitted on AIA Application for Payment forms and shall be signed and notarized by Contractor. Each payment 'request shall include the following information: 1. Bid Number 2. Contract Number 3. Project Number 4. Project Name 5. Owner's representative/project manager 6. Detailed estimate and payment request on a standard AIA form, covering the percentage of the total amount of the work which has been completed from the 27 FORM GENCON 100914 11/24/2014 10:06:23 am start of the job up to and including the last day of the preceding month, together with quantity and unit prices of materials and equipment utilized. 7. The unit cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. 8. Consent of Surety 9. Verification that certified copy(s) of recorded performance/payment bonds provided to Owner If no bonds are required: i) Partial Release of Lien from Contractor ii) Partial Releases of Lien from each sub-contractor on the payment request 10. Subcontractor Utilization Report. 11. Release from private property owner if Contractor utilized private property for storage or staging. 12. Such other supporting evidence as may be required by Owner and/or the Engineer/Architect to support Contractor's payment application; 10.5 INITIAL PAYMENT. Prior to submittal of its initial payment request, Contractor shall have submitted the following items to the Engineer/Architect and Owner: 1. Certified copies of the Performance and Payment bonds, or Public Construction bond, recorded in the public records. 2. List of subcontractors and suppliers 3. Project schedule 4. Schedule of values 5. All current certificates of insurance 6. Designation of Contractor's Project Manager The initial payment request will not be accepted unless all of the above items have been received by Engineer/Architect and Owner. 10.6 PROGRESS PAYMENTS. All payment requests are required to be submitted in draft form, at least ten (10) calendar days in advance and not more than once each month, via email to the Owner and Engineer/Architect or Owner's agent identified in the Contract or by other written notice. If no payment bond is recorded, original partial releases of lien from Contractor and all subcontractors included in payment request shall accompany the payment request. If payment bond is recorded, partial consent of,surety for payment shall accompany the payment request. After review and approval of the draft, Contractor shall prepare and submit an original payment request, in duplicate: one set to the Owner's agent/Engineer/Architect and one set to City of West Palm Beach— Accounts Payable, PO Box 3366,West Palm Beach, FL 33402-3366. The Owner will not be responsible for any delay in payment by the City if Contractor submits his estimate and invoice to any other address. Payment will be made in accordance with the Local Government Prompt Payment Act. (F.S. 218.70). 10.7 DECISION TO WITHHOLD CERTIFICATION OF PAYMENT REQUESTS. 10.7.1 Engineer/Architect may withhold payment requests, in whole or in part, to the extent reasonably necessary to protect the Owner. If the Engineer/Architect is unable to certify payment in the amount of the application, the Engineer/Architect or Owner shall within twenty (20) calendar days advise Contractor of the reasons for withholding certification, in whole or in part, and the actions necessary to make the payment request proper. The Engineer/Architect will promptly certify payment of the amount which the Engineer/Architect can certify. 28 FORM GENCON 100914 11/24/2014 10.06.23 am 10.7.2 If Contractor takes action to make the rejected payment request proper and re-submits for approval of the whole or portion previously rejected, Engineer/Architect and Owner shall reject or accept the payment within ten (10)calendar days. 10.7.3 The Engineer/Architect may nullify, in whole or in part, any payment application previously certified to,such extent as may be necessary, in the Engineer/Architect's opinion, to protect the Owner for loss for which the Contractor is responsible, including: - Defective work not remedied; - Failure of Contractor to make payments to subcontractors; - Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract price; - Damage to the Owner or a separate contractor; - Reasonable evidence that Owner will have a claim for liquidated damages and the unpaid balance of the contract price will not be adequate to cover liquidated damages or other amounts due to Owner from Contractor; - Repeated failures to carry out the Work in accordance with the Contract Documents. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. 10.8 RETAINAGE. 10.8.1 In accordance with the Local Government Prompt Payment Act, until the project is determined to have reached fifty percent completion, Owner shall withhold retainage of ten percent(10%) from each progress payment paid to Contractor based on Contractor's estimate and invoice as approved by the Engineer/Architect. 10.8.2 Upon, 50% completion of the project the retainage withheld from each subsequent progress payment will be reduced to five percent (5%) as provided for by Florida Statute §218.735(8)(b). "Fifty percent completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporated and which will remain in place subsequent to final completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractors mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work do not apply to the determination of fifty percent completion of the Work for purposes of establishing entitlement to a reduction of retainage. It is agreed that the Engineer/Architect shall have the right to finally determine when fifty percent completion has been achieved. (F.S. 255.078). 10.8.3 After the project is determined to have reached fifty percent completion, and unless otherwise prohibited by the terms of any federal grant funding the project in whole or in part: i) Owner shall withhold retainage of five percent (5%) from each progress payment paid to Contractor based on Contractor's estimate and invoice as approved by the Engineer/Architect; and ii) Contractor may present to Owner a payment request for up to half (50%) of the retainage previously held by Owner (50% of the 50% retainage already withheld—Not 50% of total retainage). If Owner has grounds under Florida law to continue to retain all or a portion of the requested retainage, Owner may continue to hold all retainage. If the Work is not on schedule when request for payment of retainage is submitted, Owner may continue to hold all retainage. 10.9 PAYMENT TO SUBCONTRACTORS. Contractor shall pay its subcontractors within ten (10) calendar days of receipt of payment from Owner and shall not withhold payments to sub-contractors. Should this occur for any reason, Contractor shall immediately return such monies to Owner, adjusting pay requests and project bookkeeping as required. 10.10 FINAL PAYMENT. Upon completion of all requirements for substantial completion and final completion, issuance of a Final Certification by Engineer/Architect, compliance with all project closeout requirements and submittal of all of the following items, Contractor may submit its final payment request. The final payment request shall include the following items: 29 FORM GENCON 100914 11/24/2014 10:06:23 am t 1. Final Certification by Engineer/Architect 2. Certified copy of punch list stating each item has been completed or otherwise resolved and accepted. 3. Final Statement of Accounting reflecting: a. original contract price b. each approved Change Order (with quantity and unit prices where applicable) C. allowances, if applicable d. deductions for uncorrected work e. deductions for Liquidated damages f. deductions for re-inspection costs g. deductions for re-testing costs due to failed tests h. other adjustments i. adjusted contract price j. payments made k. any pending payment requests I. sum remaining due to Contractor 4. Final Change Order, if applicable, reflecting approved adjustments to the Contract price not previously made by Change Order. 5. Consent of surety for final payment. 6. If no payment bond is recorded, Lienor's Affidavit from Contractor that all payrolls, bills for material and equipment and other indebtedness connected with the Work have been paid or satisfied; 7. If no payment bond is recorded, original releases of lien from Contractor and all subcontractors 8. Certificate of Insurance evidencing continuation of any liability coverage on claims made basis, which shall remain effective for five (5) years after final payment. 9. Written release of claims from any private property owner for use of private property for storage or staging. 10. All pre-requisites for Substantial Completion and Final Completion have been met. The making and acceptance of the final payment shall constitute a waiver and release of all claims by Contractor, except those previously made in writing and still unsettled. If Contractor fails to submit all documents required for final payment within one year after Final Certification any amounts owed as final payment shall be forfeited. Owner shall provide written notice to Contractor at least sixty days prior to forfeiture. Forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedings. 10.11 FINAL PAYMENT TO SUBCONTRACTORS. Final payment may be made to certain select sub- contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon receipt of advance written consent of Surety, or applicable releases if no performance/payment bonds. 10.12 ALLOWANCES. Contractor shall include in the contract price all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct. 10.13 CONTINGENCY FUNDS. ALL CONTINGENCY SUMS ARE OWNER'S CONTINGENCY AND REMAIN THE PROPERTY OF OWNER UNTIL EXPENSE IS APPROVED. The contract price shall not include any contingency amounts. If the Contract or schedule of values includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the Owners' funds. Owner may approve use of contingency funds only for the purpose of defraying the expenses due to 30 FORM GENCON 100914 11/24/2014 10.06.23 am unforeseen conditions, extra work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use the by Contractor to cover short falls in Contractor's bid amount, and not for use by Owner to increase the scope of work. Contractor shall obtain prior written approval from Owner prior to the expenditure of contingency funds and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances prior to the release of such funds by Owner. All uncommitted contingency funds remain the funds of the Owner. 10.14 WITHHELD PAYMENTS. Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect Owner if: a. Defective work or material is not remedied. b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against Contractor. C. Failure of Contractor to make payments to sub-contractors or for material or labor. d. Damage to another contractor. e. Contractor is in default of any Contract condition, including schedule. f. Contractor fails to submit information required by the Contract. g. Contractor consistently fails to perform work in accordance with the Contract Documents. h. Owner has reasonable doubt that Contract work can be completed within the schedule or for.the balance of the Contract price which remains unpaid. i. Contractors insurance coverage lapsed. j. Owner has a right to claim liquidated damages. When the above grounds are removed or Contractor provides a Surety or Performance Bond satisfactory to Owner, which will protect Owner in the amount withheld, payment shall be made for amounts withheld because of them. 10.15 LOCAL GOVERNMENT PROMPT PAYMENT ACT. Payments shall be made in accordance with the provisions of the Local Government Prompt Payment Act, F.S. 218.70 et seq. Interest, if any, shall accrue as provided in said Act. GC 11 BONDS 11.1 PERFORMANCE & PAYMENT BONDS (if required) 11.1.3 Public Construction Bond. In accordance with the provisions of F.S. 255.05, or if required by the Contract Documents, Contractor shall provide, on forms furnished by Owner, a public construction bond in an amount not less than the total contract price by a surety company acceptable to Owner. The bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its bond: "The Surety expressly agrees to be bound by all terms and conditions related to liquidated, delay and time or impact-related damages. Surety shall be bound by the warranty or warranties contained in the contract documents and shall be responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the contract. The Surety waives all rights against Owner and its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under this Bond, including claims by Surety against Owner for costs it asserts were not warranted by the contract documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by Owner as fiduciary." 31 FORM GENCON 100914 11/24/2014 10:06:23 am L r The bond shall also cover payments to all claimants, as defined in Section 255.05(1), Fla. Stat., supplying Contractor with labor, materials, or supplies, used directly or indirectly in the Work provided for in the Contract. 11.1.3 Performance & Payment Bonds. Owner may, in its sole discretion, accept a performance bond and a payment bond, which include the terms and provisions set forth in this condition, in lieu of the public construction bond. i 11.1.4 Recording of Bond. Within ten days of receipt of the fully executed contract, Contractor shall record its bond(s) in the public records of Palm Beach County and provide a certified copy of the recorded bond to Owner. Owner will not process payment requests unless Owner has received certified copy of recorded bond(s). 11.2 SURETY. 11.2.1 To be acceptable to Owner, a SuretyCompany shall comply with the following provisions: (1) The surety company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The surety company shall have a currently 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. (3) The surety company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid/request for proposals is issued. (5) The surety company shall have at least the ratings of A-/Class V. (6) The surety company shall not expose itself to any loss on any one risk in an amount exceeding ten (10%) percent of its surplus to policyholders. 11.2.2 If at any time the Owner shall deem any of the sureties upon such bond(s) to be unsatisfactory, or if for any reason such bond shall cease to be adequate security for the Owner, Contractor shall, within five (5) days after notice from Owner, furnish a new or additional bond in full sum as shall be satisfactory to Owner. No payments shall be due nor made to Contractor unless and until such new or additional bond shall be furnished and approved. The premium for such new or additional bond shall be paid by Contractor. GC 12 LIENS AND RELEASES OF LIENS. (if no recorded payment bond) 12.1. Where public construction bonds have not been recorded by the Contractor, neither the final payment nor any part of the retainage shall become due until Contractor shall deliver to Owner complete releases of all claims or liens arising out of the Contract Documents, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed. Contractor shall use Owner's forms for all releases of liens. All releases are required to have original signatures. All values on lien releases shall be consistent with the subcontracts. 32 FORM GENCON 100914 ` 11/24/2014 10:06:23 am 12.2. Contractor may, if any sub-contractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to Owner, to indemnify Owner against any claim or lien (in cases where such payment is not already guaranteed by Surety or payment bond), along with a consent of surety to such payment. 12.3 In case of disputed indebtedness or liens, Contractor may submit in lieu of evidence of payment, a surety or bond satisfactory to Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by a surety or bond. 12.4. If any claim or lien remains unsatisfied after all payments are made, Contractor shall refund to Owner all moneys that Owner may be compelled to pay in discharging such a lien, including all costs and reasonable attorneys'fee. GC 13 INSURANCE; INDEMNIFICATION 13.1 INSURANCE. 13.1.1 All Insurance Policies shall be issued by companies that (a) are authorized to transact business in the State of Florida,(b)have agents upon whom service of process may be made in Palm Beach County, Florida,and(c)have a best's rating of A-VI or better. 13.1.2 All Insurance Policies shall be endorsed to provide that: i. Contractor's Insurance is primary to any other Insurance available to the additional insured(s) with respect to claims covered under the policy and: ii. Contractor's insurance applies separately to each insured against who 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. Self- insurance shall not be acceptable. 13.1.3 Additional Insured. All required insurance (except Worker's Compensation and Professional Liability) shall include an Additional Insured endorsement identifying Owner (City of West Palm Beach) and the _City Commission and its officers, agents, employees as additional insureds.. Additional insureds are defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Contractor, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured's own acts, actions, omissions, negligence. No costs shall be paid by Owner for an additional insured endorsement. 13.1.4 Required Coverage: Contractor shall maintain following liability coverage, in the limits specified: COMMERCIAL GENERAL LIABILITY Contractor shall carry Commercial General Liability Insurance for all operations including but not limited to Contractual, Products and Completed Operations and Personal Injury with limits of not less than Three Million Dollars ($3,000,000)(aggregate)and Two Million Dollars($2,000,000) per occurrence combined single limit for bodily injury and property damage. The insurance policy must include coverage that is no more restrictive than the latest edition of the commercial general liability policy, without restrictive endorsements and the policy must include coverage 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, and personal ,injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed. BUSINESS AUTOMOBILE LIABILITY INSURANCE: Contractor shall carry business automobile liability insurance with minimum limits of Two Million Dollars($2,000,000)per occurrence, combined single limits bodily injury liability and property damage. The policy must be no more restrictive than 33 FORM GENCON 100914 11/24/2014 10.06.23 am the latest edition of the business automobile liability policy without restrictive endorsements and must include owned vehicles and hired and non-owned vehicles. WORKERS' COMPENSATION: Workers' Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $1,000,000 "each accident," $1,000,000 "disease policy limit,"and $1,000,000 "disease each employee." 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. Contractor agrees to name and endorse the City, and the City Commission and endorse the City, and the City Commission and their officers, agents, employees and City Commission members as additional insureds. Additional insured is defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Contractor, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured's own acts, actions, omissions, negligence. BUILDERS RISK: Not less than the value of the Work under construction and facilities under the"custody and control" of Contractor. . POLLUTION: Not less than $3,000,000 IF hazardous materials, including lead, asbestos, PCBs or other pollutants may be present.(If required) Any other or special insurance requirements will be addressed in the Contract Documents. 13.1.5 Certificate of Insurance. Contractor shall provide the City Risk Manager or the City Contract Manager with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required by this article within three (3) calendar days of Contractor's receipt of Notice of Intent to Award the contract and, at any time thereafter, upon request by the City. It is the Contractor's responsibility to ensure that the Risk Manager and the Contract Manager both have a current Insurance Certificate and endorsements at all times. 13.1.6 Notice. Contractor's Insurance Policies shall be endorsed to provide The City with at least thirty (30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits. Notice shall be sent to: City of West Palm Beach Attn: Purchasing Division 401 Clematis Street West Palm Beach, Florida 33401 13.1.7 Coverage Period. a. 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 coverage may be met by keeping the policies in force,or by obtaining an extension of coverage commonly known as a reporting endorsement of tail coverage. b. In 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. 34 FORM GENCON 100914 11/24/2014 10:06:23 am 13.1.8 Renewal of Insurance: Contractor shall be responsible for assuring that the insurance certificate/endorsements required in conjunction with this section remains in force for the duration of the contractual period. If the insurance certificate/endorsements are scheduled to expire during this period, Contractor shall be responsible for submitting a new or renewed insurance certificate/endorsements to City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificate/endorsements are not replaced with a new or renewed certificate which covers the contractual period, City shall suspend this Agreement until such time as the new or renewed certificate/endorsements are received by City. 13.1.9 Minimum Coverage: Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as is available to him under any other provisions of this Agreement or otherwise in law or equity. 13.1.10 Subcontractors. Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who are engaged in the Work. 13.1.11 The provisions of this General Condition shall survive the expiration or termination of the Contract. 13.2 INDEMNIFICATION. Contractor shall indemnify and hold harmless the Owner, its commissioners, officers, employees and agents, from and against any and all claims, obligations, liability, expenses, losses and causes of action, including attorneys' fees and costs, to the extent the same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the commissioners, officers, employees or agents of either, while engaged in or about the performance of the Work; or while in or about the project site or premises; or (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of Owner, Owner's agents, servants, or other contractors of Owner; or (iii) arising out of the violation of federal, state, county or municipal laws, ordinances or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the performance of the Work. The extent of Contractor's indemnification shall be limited to one and one-half times the contract price or$1 million per occurrence, whichever is greater. This paragraph shall not be construed to require Contractor to indemnify Owner for Owner's own negligence, or intentional acts of the Owner, its agents or employees. Nothing in this paragraph shall be construed as a contractual waiver by Owner of the limits of sovereign immunity under Sec 768.28, Florida Statutes. This paragraph shall survive the expiration or termination of the Contract. (725.06 F.S. and 768.28 F.S.) GC 14 SUBCONTRACTORS AND SUPPLIERS 14.1 LIST OF SUBCONTRACTORS AND SUPPLIERS. Unless otherwise required to be specified in Contractor's Bid, within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall furnish to the Owner in writing the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) whom the Contractor will engage as sub-contractors or suppliers for the project. The Contractor shall not change such sub-contractors or suppliers without written notice to Owner, and shall not contract with a proposed person or entity to whom the Owner has made reasonable and timely objection in writing, after such notice. The Contractor understands and agrees that the Contractor alone is responsible to the Owner for all of the Work under the Contract and that any review of subcontractors, sub-subcontractors or suppliers by the Owner or Engineer/Architect will not in any way make the Owner responsible to any subcontractor or sub- subcontractor or suppliers. 14.2 WRITTEN SUBCONTRACTS. By appropriate written agreement, the Contractor shall require each subcontractor, to the extent of the work to be performed by the subcontractor, to be bound to the 35 FORM GENCON 100914 11/24/2014 10:06:23 am Contractor by terms of the Contract and Contract Documents, including but not limited to the insurance requirements for workers' compensation and general liability coverage. The Owner shall be named as an intended Third Party Beneficiary in all subcontractor agreements provided such naming shall not create privity of contract between Owner and subcontractor. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the work to be performed by the subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with sub-subcontractors. The Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the subcontractor will be bound, and, upon written request of the subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed sub-subcontractors. Contractor shall include in all subcontracts a provision requiring the subcontractor to consent to an assignment of the subcontract to the Owner. Contractor shall, upon request, provide copies of all subcontracts to Owner. 14.3 REQUIRED WAIVER. All subcontracts shall provide the following exact language: i "Sub-contractor"expressly waives any claims for damages which it may suffer by reason of delay caused by events beyond its'control, including delays claimed to be caused by the Owner or its Engineer/Architect and agrees that its exclusive remedy shall be an extension of its contract time." 14.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS. Each subcontract agreement is assigned by the Contractor to the Owner, provided that the assignment is effective only after termination of the Contract by Owner for cause and only for those subcontract agreements that the Owner accepts by giving notice to the subcontractor and Contractor in writing; and subject to the prior right of the surety, if any. 14.5 DISPUTES. Any disputes which may arise between the Contractor and any subcontractor must be resolved between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes between Contractor and its subcontractors. GC 15 ENGINEER/ARCHIECT'S STATUS. 15.1 Engineer/Architect will provide observation of the Contractor's activities and progress of the Work. The Engineer/Architect will make inspections of all construction, draft change orders, and verify and certify partial and/or final payments due to the Contractor, as provided in the Contract Documents. The Engineer/Architect may, during the life of the Contract issue additional instructions, by means of drawings, minor change orders or otherwise, necessary to illustrate changes in the Work. 15.2 Engineer/Architect will review and take appropriate action regarding Contractors submittals such as shop drawings and samples, but only for the limited purpose of checking for conformance with the Contract Documents. Review of such submittal is not conducted for the purpose of determining the accuracy and completeness of other details, such"a dimensions and quantities of for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor pursuant to the Contract Documents. Engineer/Architect's review does not relieve Contractor of its obligations under the Contract Documents. Engineer/Architect's "review does not constitute approval of, and Engineer/Architect shall not give directions regarding, any construction means, methods, techniques, sequences, procedures, assembly or safety precautions. 15.3 Engineer/Architect shall have authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract or to protect the public and/or property. Engineer/Architect shall also have authority to reject all work, materials and equipment which do not conform to the Contract Documents and to decide questions raised by Contractor which arise in the execution of the Work. 36 FORM GENCON 100914 11/24/2014 10.06.23 am 15.4 Owner retains the sole authority to modify or extend the authority of the Engineer/Architect. 15.5 Engineer/Architect will make decisions in writing on all claims of the Contractor, and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. All such decisions of the Engineer/Architect shall be final. GC 16 TERMINIATION OR SUSPENSION 16.1 OWNER'S RIGHT TO TERMINATE FOR CAUSE_ 16.1.1 Owner may terminate the Contract for cause if Contractor: A. Fails to supply enough properly skilled workers or proper materials; B. Fails to cure deficiencies after notice as provided in the Contract Documents; C. Fails, except in cases for which extension of time is provided, to maintain an established schedule thirty(30)calendar days behind a critical path activity), D. Fails to make prompt payments to subcontractors or for material, equipment or labor; E. Repeatedly disregards applicable laws, codes, ordinances, regulations or permit requirements; F. Fails to perform the Work consistent with the requirements of the Contract Documents; G. Materially fails to comply with substantial and final completion dates as required in the Contract Documents; H. Abandons or refuses to perform any portion of the Work; I. Is otherwise in substantial breach*of the Contract Documents;, J. Files a bankruptcy petition or has a bankruptcy action commenced against it that is not discharged within thirty (30) calendar days, or make an assignment for the benefit of its creditors, or has a receiver appointed to manage Contractor's assets, or is otherwise becoming insolvent. 16.1.2 When any of the above reasons exist, Owner may, without prejudice to any other right or remedy, and after giving Contractor and its Surety seven (7) calendar days written notice, terminate the employment of Contractor and, subject to any prior right of the surety: (i) Exclude the Contractor from the site and take possession of the premises and of all materials, equipment, tools and appliances thereon owned by Contractor; (ii) Accept assignment of subcontract pursuant to GC 13.2 and (iii) Finish the Work by whatever reasonable means Owner deems expedient. 16.1.3 When Owner terminates for cause, Contractor shall not be relieved from any of its obligations.under the Contract Documents, and shall not be entitled to receive any further payment until Owner's costs to complete the Work is determined. In no event shall Contractor receive any payment for Work finished by Owner. 16.1.4 Owner shall determine its costs incurred in completing the Work, including fees and charges to contractors; fees of Engineer/Architect, attorney and other professional fees, court costs and other damages incurred by Owner. Owner shall not be required to obtain the lowest price for the work to be performed, but the costs paid by Owner must be reasonable. If the unpaid balance of the contract price shall exceed the Owner's costs to finish the Work, the excess shall be paid to Contractor. If Owner's costs exceed the unpaid balance, Contractor shall pay the difference to Owner. This obligation for payment shall survive termination of the Contract and final payment. 16.1.5 Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect 37 FORM GENCON 100914 11/24/2014 10:06:23 am 16.1.6 If Contractor's surety is directed or agrees to complete the Work, then all payments due after termination shall be made to the surety until the Work is complete and/or the Contract price has been expended. The surety shall then be responsible for all of the obligations and duties of Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Contract and the Bond to fulfill all obligations of the Contract Documents for the contract price in effect as of termination. The surety may not assign those obligations without the written consent of Owner. The surety shall be responsible for the payment of all costs relating to the termination of the employment of Contractor. Contractor and its surety shall be jointly and severally liable for all costs in excess of the contract price for completion of the Work and for liquidated damages. 16.1.7 If, upon termination for cause it is determined that Contractor was not in default, the rights and obligations of the parties shall be as if the notice of termination has been issued for Owner's convenience. 16.2 SUSPENSION OR TERMINATION BY OWNER FORtCONVENIENCE. 16.2.1 Suspension for Owner's Convenience. Owner may, at anytime, without cause, order Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as Owner may determine, for Owner's convenience. If Owner orders a suspension, the contract price and contract time shall be adjusted for increases in the cost and. time caused by suspension, delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible; or that an equitable adjustment is made or denied under another provision of the Contract. 16.2.2 Termination by Owner for Convenience. Owner may, at any time, without cause, order terminate all or a portion of the Contract for Owner's convenience. Upon such termination, the contract price earned to the date of termination shall be paid to Contractor, but Contractor waives any claim for damages, including loss of profits arising out of or related to the early termination. Contractor may not recover overhead or profit for work not performed. Those Contract provisions which by their nature survive final payment shall remain in full force and effect. 16.3 CONTRACTOR OBLIGATIONS UPON TERMINATION. Upon receipt of written notice from Owner of termination, Contractor shall: (i) cease operations as directed by Owner in the notice; (ii) take actions necessary, or that Owner may direct for the protection and preservation of the Work; (iii) except for Work directed to be performed prior to the effective date of termination stated in the notice, and if directed by Owner, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and (iv) turn over all marked up Construction Drawings and record set documents showing progress to date. Owner may assume and become liable at is sole discretion for obligations, commitments and unsettled contractual claims that Contractor has previously undertaken or incurred in good faith in connection with said project. Owner shall reimburse Contractor for any unpaid and earned cost of the project as of the date of termination, less damages or setoffs applicable under the Contract Documents. Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as Owner may require for the purpose of fully vesting in him the rights and benefits of Contractor under such obligations or commitments. 16.4 TERMINATION BY CONTRACTOR. The Contractor may terminate this Contract if the Work is stopped for a period exceeding 30 consecutive days, through no fault of act of Contractor or subcontractor or their suppliers or other person or entities performing Work under direct or indirect contract with Contractor, if order of aicourt or other pubic authority having jurisdiction requires all Work to be stopped; or an act of government, such as declaration of emergency, requires all Work to.be stopped. GC 17 UNEXCUSED DELAY; LIQUIDATED DAMAGES 17.1 LIQUIDATED DAMAGES. If the actual completion date for substantial completion or final completion occurs later than the time indicated in the Contract Documents or later than the scheduled 38 FORM GENCON 100914 11/24/2014 10.06.23 am completion date if a duly authorized change order for time is issued, liquidated damages in the amount(s) set forth in the Contract Documents shall be paid'by Contractor for unexcused delay in performance of the Work. The reasonableness of the amount is agreed. No liquidated damages shall be charged for periods of authorized delay or suspension. Contractor agrees that Owner's actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums established in the Contract Documents are reasonably related to what damages Owner may suffer and are enforceable liquidated damages and not penalties. Notwithstanding the above, Contractor agrees that liquidated damages do not include additional costs invoiced by Engineer/Architect to Owner for extended professional services arising out of an unexcused delay, and Contractor agrees to reimburse Owner for such actual costs incurred in addition to payment by Contractor of any liquidated damages. Owner is entitled to deduct any liquidated damages to which Owner is entitled from the final payment to Contractor. If the amount of liquidated damages due to Owner exceeds the final payment amount, Contractor shall pay the difference to Owner. This obligation for payment shall survive termination of the Contract and final payment. Owner does not waive any rights or other remedies under the Contract by the collection of liquidated damages. Liquidated damages will continue to be charged to the contract in the event of Contractor's default and continuation of the Work by Owner or surety. Owner may waive any portion or all of its claim for liquidated damages upon completion of the Work. 17.2 NO DAMAGES FOR DELAY. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner, Engineer/Architect, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, remobilization or demobilization costs, subcontractor delay claims, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the Work, whether such delay be avoidable or unavoidable. GC 18 CLAIMS AND DISPUTES 18.1 NOTICE OF CLAIMS OR DISPUTE. Claims or disputes by the Contractor must be initiated by written notice to Owner with a copy sent to Engineer/Architect. Unless otherwise specifically provided by law, claims must be initiated within twenty-one (21) calendar days after occurrence of the event giving rise to such claim or within twenty-one (21) calendar days after the Contractor first recognizes the condition giving rise to the claim, whichever is later. 18.2 CONTINUING PERFORMANCE. In the event of any claim or dispute, Contractor shall continue to diligently make progress on all Work, unless otherwise directed by Owner, and Owner shall continue to make payments in accordance with the Contract Documents. If the dispute regards payment or money, Contractor shall be obligated to proceed with all Work without waiving its claims under dispute. 18.3 DECISIONS ON CLAIMS., Engineer/Architect will make decisions in writing on all claims of the Contractor regarding performance under and the requirements of the Contract Documents, and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. The Engineer/Architect will review the claim and within fifteen (15) calendar days of receipt of the claim (or receipt of additional supporting information or data), take one or more of the following actions:(1) request additional information or supporting data from either party; (2) approve the claim; (3) reject the claim in whole or in part; (4) suggest a compromise; or (5) advise the parties that the Engineer/Architect is unable to resolve the claim if the Engineer/Architect lacks sufficient information to evaluate the claim, or if the Engineer/Architect concludes that it would be inappropriate for the Engineer/Architect to resolve the claim. If the Engineer/Architect requests a party to supply additional information, such party shall respond and provide any requested information within ten (10) calendar days. The Engineer/Architect's written decision shall notify the parties of any change in the Contract 39 FORM GENCON 100914 r 11/24/2014 10:06:23 am Time or Contract Price or both. All such decisions of the Engineer/Architect shall be final and binding, but subject to mediation. 18.4 DECISIONS ON AESTHETICS. The Engineer/Architect's decision on matters relating aesthetic effect will be final if consistent with the intent of the Contract Documents and may not be appealed, mediated or litigated. 18.5 PAYMENT DISPUTES. With respect to disputes regarding payment requests, Owner shall review the payment application with Engineer/Architect and provide an opportunity for Contractor to state._ its claim within forty-five (45) calendar days after the date the rejected payment request was last received by Engineer/Architect. The final decision of Owner shall require approval by the City Administrator and be made within sixty(60) calendar days after the date the rejected payment request was last received by Engineer/Architect. 18.6 SUBCONTRACTOR DISPUTES. Any disputes which may arise between the Contractor and any subcontractor must be resolved between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes between Contractor and its subcontractors. 18.7 MEDIATION. Notwithstanding any other provision, the parties agree that any unresolved dispute or claim shall be mediated. Any claim for mediation shall be made in writing within fifteen (15) calendar days of Engineer/Architect's written decision on the matter, or shall be waived. The Engineer/Architect shall serve as the mediator; however, with respect to disputes regarding the Work, the punch list or any other requirement for final completion, if the Engineer/Architect is an employee of Owner, the parties may mutually agree to have an independent professional engineer or professional construction mediator serve as the mediator. Notwithstanding, an initial decision by the Engineer/Architect shall be required as a condition precedent to mediation. The Owner and Contractor shall share the mediators fee and any filing fees equally. The mediation shall be held in Palm Beach County. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 18.8 WAIVER OF ARBITRATION. Owner and Contractor agree and expressly waive any and all provisions regarding arbitration, including any and all provisions regarding arbitration as a condition precedent to litigation contained elsewhere in any Contract Documents. 18.9 LEGAL REMEDIES. Owner and Contractor may exercise those legal remedies in the District Court for Palm Beach County, Florida, as may be available to them with respect to any dispute arising out of the Contract Documents for which the Engineer/Architect's decision is not final and pursuant to the dispute resolution process described in the Contract Documents and which Owner and Contractor are unable to resolve through change order or mediation. An initial decision by the Engineer/Architect shall be required as a condition precedent to litigation. 18.10 Governing Law; Jurisdiction; Venue; Litigation. The Contract Documents shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. Contractor and Owner submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THE CONTRACT DOCUMENTS. GC 19 .'WARRANTY INSPECTION. Prior to expiration of the warranty period(s), Contractor shall conduct, at its expense, with Owner and Engineer/Architect, a warranty inspection. Additionally, upon receipt of notice from Owner of failure of any part of the guaranteed Work, equipment or materials during the guarantee period, the defective Work, equipment parts or materials shall be replaced promptly with new equipment parts (or new equipment) and materials by Contractor, at no expense to Owner. This provision shall survive expiration or termination of the Contract. 40 FORM GENCON 100914 11/24/2014 10:06:23 am GC 20 ROYALTIES AND PATENTS. Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall defend and hold Owner and Engineer/Architect harmless from and against all claims, obligations, losses, costs, damages and expenses, including attorney fees in connection with any claims or actions based upon infringement of any, patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor under the. Contract, unless a particular design, process or product of a particular manufacturer is required by the Contract Documents or where copyright violations are contained in the Construction Drawings or specifications prepared by the Engineer/Architect or Owner. If Contractor has reason to believe any required design, process or product is an infringement of a copyright or patent, Contractor shall immediately provide notice to Engineer/Architect. GC 21 LEGAL AND ETHICAL PROVISIONS 21.1 NO VERBAL AGREEMENTS. No verbal agreement or conversation with any officer, agent or s employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. All Contract amendments or Change Orders shall be written and executed by both Owner and Contractor. 21.2 COMPLIANCE WITH LAWS. Contractor shall comply with all applicable City, State and Federal laws relating to the provision of services under this Contract, now or hereafter in effect. Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. It shall not be grounds for a change order that Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the Work. 21.3 SMALL BUSINESS REQUIREMENTS. Contractor shall comply with the City of West Palm Beach's Small Business Ordinance set forth in Chapter 66 of the City Code, which is incorporated herein by reference. Contractor shall comply with the small business commitment contained in Contractor's Bid, or as approved by the Procurement Division. Contractor shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the Owner to inspect and audit such records. 21.4. ETHICS: CONFLICTS OF INTEREST a. Contractor represents,that it has not given or accepted a kickback in relation to the Contract and has not solicited the Contract by payment or acceptance of a gratuity or offer of employment. b. Contractor represents that it has not solicited the Contract by payment of a gift or gratuity or offer of employment to any official, employee of the City or any City agency or selection committee. c Contractor represents that it does not employ, directly or indirectly, the mayor, members of the city commission or any official, department director, head of any City agency, or member of any board, committee or agency of the City. d Contractor represents that it has not knowingly given, directly or indirectly, any gift with a value greater than $100 in the aggregate in any calendar year to the mayor, members of the city commission, any department director or head of any city agency, any employee of the city or any city agency, or any member of a board that provides regulation, oversight, management or policy-setting recommendations regarding the Contractor or its business. e. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with its performance under the Contract. 41 FORM GENCON 100914 11/24/2014 10:06:23 am f In the event Contractor is permitted to utilize subcontractors to perform any work under the Contract, Contractor agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this condition. 21.5. LOBBYING CERTIFICATION. Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with the Contract will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 21.6 NON-COLLUSION. Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other bidders or contractors. (F.S. 838.22). 21.7 PUBLIC ENTITY CRIMES. By executing a Contract with Owner, Contractor certifies that Contractor, its affiliates, suppliers, subcontractors and consultants who will perform under the Contract have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date of the Invitation to Bid and that execution of the Contract will not violate the Public Entities Crimes Act (Sec. 287.133, Florida Statutes. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21.8 SCRUTINIZED COMPANIES. For Contracts over $1 million, in accordance with Sec. 215.473 Fla. Stat., Contractor certifies that at the time of bid or contract, Contractor is not a Scrutinized Company on the Contractors with Activities in Sudan List or the Activities in the Iran Petroleum Energy Sector List and does not engage in business operations in Cuba or Syria. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21.9 UNAUTHORIZED ALIENS/PATRIOT'S ACT. The knowing employment by Contractor or its subcontractors of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of the Contract. Contractor shall take all commercially reasonable precautions to ensure that it and its sub-contactors do not employ persons who are not authorized to work by the immigration laws or the Attorney General of the United States. Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing and relating to Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (the "Executive Order') and/or-the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, as amended and reinstated (the "Patriot Act"). Contractor represents it is not a Prohibited Person under the Executive Order or Patriot Act. 21.10. NON-DISCRIMINATION. In performing under the Contract, Contractor shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status or sexual orientation. 21.11 APPRENTICES. If Contractor employs apprentices on the project, the behavior of Contractor and Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the State of Florida Department of Labor and Employment Security. Contractor will include a provision similar to the foregoing sentence in each subcontract. 21.12 AVAILABILITY OF FUNDS. The Contract is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the Owner. If funding for the Contract is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or paid for in succeeding fiscal years. In the event funds to finance the Contract 42 FORM GENCON 100914 11/24/2014 10:06:23 am become unavailable, Owner may terminate the Contract upon no less than twenty-four (24) hours notice to Contractor. The Owner shall be the sole and final authority as to the availability of funds. 21.1.3 RIGHT TO AUDIT. Contractor shall maintain adequate records of the services for at least five (5) years from project occupancy. Owner, during Contractor's business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit Contractor's books and records, at Owner's expense, with regard to the accounts and services provided to or on behalf of Owner under this Contract to ensure that all aspects of the Contract are being met. Contractor shall allow the Owner or its representative to interview all current or former employees to discuss matters pertinent to the Contract. If an audit inspection in accordance with this condition discloses overpricing or overcharges (of any nature) by Contractor to Owner in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City's Internal Audit department shall be reimbursed to the City by the Contractor and (2) a 15% penalty of the overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and penalties shall be made by the Contractor within 45 days from presentation of City's findings to Contractor. Failure by Contractor to permit such audit shall be cause for termination of this Contract by Owner. In addition to the foregoing, Contractor consents to the Owner requesting from the.insurance carriers confirmation of all fees paid to Contractor arising out or related to the City's insurance coverages during the term of the Contract. 21.14 INSPECTOR GENERAL. 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 the Contract, and may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be a material breach of the Contract justifying its termination. 21.15 INDEPENDENT CONTRACTOR. Contractor represents that it is properly experienced, licensed, equipped and financed to perform the work. Contractor acknowledges and agrees that it is an independent contractor of Owner and is not an employee of Owner and shall maintain control over its employees, subcontractors and work methods. Contractor more specifically acknowledges that it: will not be eligible to participate in any employee benefit maintained by Owner; will not be covered by Owner's workers' compensation insurance; and will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by Owner to Contractor under the Contract. 21.16 LIENS. Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless, Contractor agrees to keep the project, the buildings thereon and the property free of liens for or on account of any work done or materials furnished under the Contract. In the event any such lien is filed, Contractor shall, within five (5) days after written notice by Owner, discharge the lien(s) or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s) and cause the Clerk of the Circuit Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to so discharge or bond the lien(s), Owner shall have the right, but not the obligation, to discharge or bond the lien(s) and shall have the right to retain out of any payment then due or thereafter to become due to the Contractor, monies sufficient to discharge the amount of such lien(s) and Owner's costs and reasonable attorneys'fees incurred. 21.17 LITIGATION. In the event suit is filed to construe or enforce this Agreement, each party in such suit shall bear its own costs and expenses incurred in connection therewith, including, but not limited to, 'attorneys' fees and costs through trial and appeal. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS CONTRACT. 43 FORM GENCON 100914 11/24/2014 10:06:23 am GC 22 MISCELLANEOUS 22.1 NOTICES. All written notices and other communications required or provided for under this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party.in a written notice given in the manner required hereby: to Owner: City of West Palm Beach Attn.: Director of Engineering &Public Works P.O. Box 3366 (401 Clematis Street(33401)) West Palm Beach, FL 33402-3366 to Contractor: [to Contractor at the address listed on the first page of this Contract to the attention of the Project Manager] 22.2 PUBLIC RECORDS. Contractor shall comply with Chapter 119, Florida Statutes, regarding access to public records. Failure of compliance maybe cause for termination by Owner. 22.3 SPECIFIC WAIVER. Any waiver issued by Owner of any provision of the Contract Documents shall only be effective if issued in writing by Owner and shall be specific, shall apply only to the particular matter concerned; and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in the Contract shall not be construed as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or.relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future. 22.4 HEADINGS: INDEX. The headings and the table of contents or index contained in these General Conditions are provided for convenience only. 22.5 INTEGRATION. The Contract constitutes the entire agreement between Contractor and Owner and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. The Invitation to Bid and its terms and conditions are incorporated herein and made a part of this Contract. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. 22.6 SEVERABILITY. .The invalidity, illegality or unenforceability of any provision of the Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable provision is not contained herein. 22.7 ASSIGNMENT. Contractor shall not assign the Contract as a whole or in part without the written consent of Owner, nor shall Contractor assign any monies due or to become due to it hereunder without the previous written consent of Owner and its surety. Assigning the Contract shall not relieve Contractor or his surety from any contract obligations. 44 FORM GENCON 100914 11/24/2014 10:06:23 am Master Contract for Utility Construction Services EXHIBIT A Fee Schedule Item Item Description Est. Units Unit Price Amount Quant. Road Finishing Crew consisting of a minimum of three(3)experienced operators, includes: motor grader, roller& water wagon when necessary requested, to prepare a shell, limerock, or crushed concrete road base, stabilized subgrade & 1 asphalt roadway w/striping in compliance with the latest City of WPB standard specifications. Payment shall be made by the hour for road finishing crew&shall include: equipment, labor, water, all required testing, and all misc associated costs. Material not included in this item. XXX HR XXX $400.00 Crew—Concrete, Ductile Iron, PVC, HDPE, or Metal Pipe Laying: consisting of a foreman (with 30 hrs of OSHA training), a minimum of three(3)experienced men, 2 including layout, excavating, installing, back filling equipment, and roadway repair necessary for laying pipe up to and including 36"diameter. Materials not included in this item. $450.00 A Dump Truck, 15-28 cu.yd. capacity when requested with item #2 only. XXX HR XXX $75.00 Well Point equipment up to 150 points B complete including pump and jetting equipment when requested with item #2 only(Inc. Dewatering Permits). XXX HR XXX $110.00 Crew-Concrete, Ductile Iron, PVC, HDPE, or Metal Pipe Laying: consisting of a foreman (with 30 hrs of OSHA training), a minimum of three(3)experienced men, 3 including layout, excavating, installing, back filling equipment, and roadway repair necessary for laying pipe greater than 36" up to 84"diameter. Materials not included in this item. XXX HR XXX $495.00 A Dump Truck, 15-18 cu.yd. capacity when requested with item#3 only XXX HR XXX $75.00 Well Point Equipment up to 150 points B complete including pump and Jetting equipment when requested with item #3 only(including Dewatering Permit). XXX HR XXX $110.00 Fee Schedule for RFQ 13-14-407 1 11/24/2014 10:06:23 am Master Contract for Utility Construction Services Item Item Description. Est. Units Unit Price Amount Quant. Four Man Repair Crew, including one Foreman (with 30 hrs of OSHA training) and three experienced skilled tradesman, and all equipment and tools necessary for 4 construction, maintenance, and emergency repairs of facility including Water Treatment Plants, Wastewater Treatment Plants, pump stations, and utility mains. Materials not included in this item. XXX HR XXX $450.00 Dump Truck, 15-18 cu. yd. capacity when A. requested with item #4 only. XXX HR XXX $75.00 Well Point Equipment up to 150 Points B complete including pump and Jetting equipment when requested with item#4 only(including Dewatering Permit). XXX HR XXX $110.00 ROADWAY 1. Remove Existing Roadway Pavement 100 S.Y. $ 5.00, $ 500.00 Remove Existing Roadway Base 2. Remove 100 S.Y. $ 9.00 $ 900.00 (aggregate) Remove Existing Roadway Base 3' concrete 100 S.Y. $ 12.00 $ 1,200.00 12-1/2"A.C.S.C. Type S-1, incl. Tack Coats 4. and Prime Coats 100 S.Y. $ 27.00 $ 2,700.00 12"A.C.S.C. Type S-III, incl. Tack Coats 5' and Prime Coats 100 S.Y. $ 23.00 $ 2,300.00 6. Compacted Crushed Concrete/Limerock Roadway Base(10"thick) 100 S.Y. $ 25.00 $ 2,500.00 7. 12"Compacted Subgrade 100 S.Y. $ 5.00 $ 500.00 Mill and Resurface(up to 1-1/4"A.C.S.C. 8' Type S-1) 400 S.Y. $ 23.00 $ 9,200.00 Mill and Resurface(up to 1 A.C.S.C. Type 9' IS-111) 400 S.Y. $ 21.00 $ 8,400.00 10. ITemporary Striping (4") 100 LF $ 1.00 $ 100.00 11. Temporary Striping (6") 100 LF $ 1.00 $ 100.00 12. Temporary Striping (12") 100 LF $ 1.50 $ 150.00 13. Striping (Thermoplastic, 4") 100 LF $ 1.50 $ 150.00 14. Striping (Thermoplastic, 6") 100 LF $ 2.00 $ 200.00 15. IStriping (Thermoplastic, 12") 100 LF $ 4.00 $. 400.00 16. Special saw cuts for pavement 50 LF $ 3.00 $ 150.00 Supply and Installation of FDOT Concrete 17. Bumper Guard 10 EA $ 300.00 $ 3,000.00 Furnish and Installation of ADA-compliant 18. detectable surface 50 SF $ 60.00 $ 3,000.00 Supply and Installation of ADA compliant 19' welded aluminum handrail 25 LF $ 25.00 $ 625.00 Fee Schedule for RFQ 13-14-407 2 11/24/2014 10:06:23 am Master Contract for Utility Construction Services Item Item Description Est.. Units Unit Price Amount Quant. STORM SEWER: 20, 15" RCP, Class III 200 LF $ 20.00 $ 4,000.00 21. 18" RCP, Class III 200 LF $ 24.00 $ 4,800.00 22, 24"RCP, Class III 200 LF $ 31.00 $ 6,200.00 23, 30" RCP, Class III 100 LF $ 43.00 $ 4,300.00 24. 36" RCP, Class III 100 LF $ 60.00 $ 6,000.00 25. 42" RCP, Class III 100 LF $ 75.00 $ 7,500.00 26. 48" RCP, Class III 100 LF $ 95.00 $ 9,500.00 27. 60" RCP, Class III 100 LF $ 135.00 $ 13,500.00 28. 72" RCP, Class III 100 LF $ 190.00 $ 19,000.00 29. Adjust Existing Storm Manhole/Inlet Top 25 EA $ 400.00 $ 10,000.00 30. Storm Inlet, Type C 15 EA $ 2,500.00 $ 37,500.00 31. Storm Inlet, Type E 15 EA $ 3,400.00 $ 51,000.00 32, 1 Storm Inlet, Type P-5 15 EA $ 3,200.00 $ 48,000.00 33. Storm Inlet, Type P-6 15 EA $ 3,500.00 $ 52,500.00 Storm Manhole, Type P (3.5' x 6')(up to 6' 34. depth) 1 EA $ 2,900.00 $ 2,900.00 Additional depth to Bid Item 34 per 1 foot 34a. increment 1 LF $ 400.00 $ 400.00 Storm Manhole, Type J (3.5'x6')(up to 6' 35. depth) 1 EA $ 2,900.00 $ 2,900.00 Additional depth to Bid Item 35 per 1 foot 35a. increment 1 LF $ 450.00 $ 450.00 Storm Manhole, Type J (5'X5') (up to 6' 36. depth) 1 EA $ 3,000.00 $ 3,000.00 Additional depth to Bid Item 36 per'1 foot 36a. increment 1 LF $ 450.00 $ 450.00 Storm Manhole, Type J (6'X6')(up to 6' 37' depth) 1 EA $ 3,700.00 $ 3,700.00 Additional depth to Bid Item 37 per 1 foot 37a. increment 1 LF $ 500.00 $ 500.00 38, 12"X18" Oval RCP 100 LF $ 36.00 $ 3,600.00 PRESSURE PIPE(WATER MAIN): 39. 4"C-900 PVC Water Main 100 LF $ 5.00 $ 500.00 40. 6" C-900 PVC Water Main 100 LF $ 7.00 '_$ 700.00 41. 8"C-900 PVC Water Main 100 LF $ 12.00 $ 1,200.00 42, 10"C-900 PVC Water Main 100 LF $ 18.00 $ 1,800.00 43. 12"C-900 PVC Water Main 100 LF $ 24.00 $ 2,400.00 44. 4" PVC Mega-Lug Kits 50 EA $ 50.00 $ 2,500.00 45. 6" PVC Mega-Lug Kits 50 EA $ 70.00 $ 3,500.00 J 46. 8"PVC Mega-Lug Kits 50 EA $ 85.00 $ 4,250.00 47. 10" PVC Mega-Lug Kits 50 EA $ 135.00 $ 6,750.00 48, 12" PVC Mega-Lug Kits 50 EA $ 145.00 $ 7,250.00 49' 14" Cement-lined DIP Water Main Class 52 100 LF $ .29.00 $ 2,900.00 Fee Schedule for RFQ 13-14-407 3 11/24/2014 10:06:23 am Master Contract for Utility Construction Services Item Item Description Est. Units Unit Price Amount Quant. 50. 6" Cement-lined DIP Water Main Class 52 100 LF $ 32.00 $ 3,200.00 51. 8"Cement-lined DIP Water Main Class 52 100 LF $ 35.00 $ 3,500.00 10" Cement-lined DIP Water Main Class 52. 52 100 LF $ 45.00 $ 4,500.00 12" Cement-lined DIP Water Main Class 53. 52 100 LF $ 55.00 $ 5,500.00 16" Cement-lined DIP Water Main Class 54. 51 100 LF $ 75.00 $ 7,500.00 18" Cement-lined DIP Water Main Class 55. 51 100 LF $ 90.00 $ 9,000.00 20" Cement-lined DIP Water Main Class 56. 51 100 LF $ 100.00 $ 10,000.00 24"Cement-lined DIP Water Main Class 57' 51 100 LF $ 130.00 $ 13,000.00 30"Cement-lined DIP Water Main Class 58. 51 100 LF $ 170.00 $ 17,000.00 36" Cement-lined DIP Water Main Class 59. 51 100 LF $ 230.00 $ 23,000.00 60. 4" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 61. 6" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 62. 8" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 63. 10" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 64. 12" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 65. 16" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 66. 18" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 67, 20" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 68. 24" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 69. 30" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 70. 36" Cement-lined DIP Fittings 1 TON $ 7,500.00 $ 7,500.00 1" Single Water Service (Type K, up to 71. 10') incl. Meter Box, complete 20 EA $ 530.00 ;$ 10,600.00 Additional length to Bid Item 71 per 1 foot 71 a. increment 40 LF $ 10.00 $ 400.00 1 Single Water Service (Polytube, up to 72. 10') incl. Meter Box complete 20 EA $ 490.00 $ 9,800.00 Additional length to Bid Item 72 per 1 foot 72a. increment 40 . LF $ 5.00 $ 200.00 2" Single Water Service (Type K, up to 73' 10') incl. Meter Box complete 20 EA $ 1,430.00 $ 28,600.00 Additional length to Bid Item 73 per 1 foot 73a. increment 40 EA $ 20.00 $ 800.00 2" Single Water Service (Polytube, up to 74. 10') incl. Meter Box complete 20 EA $ 1,300.00 $ 26,000.00 Additional length to Bid Item 74 per 1 foot 74a. increment 40 EA $ 15.00 $ 600.00 Fee Schedule for RFQ 13-14-407 4 11/24/2014 10:06:23 am Master Contract for Utility Construction Services Item Item Description Est. Units Unit Price Amount Quant. 2"Temporary Water Main incl. temporary. 75. fittings and temporary service connections, complete 100 LF $ 35.00 $ 3,500.00 Air Release Valve Manhole, complete w/ 76. exterior coating 1 EA $ 6,000.00 $ 6,000.00 77. Sample point and Bacteriological Testing 10 EA $ 500.00 $ 5,000.00 78. 4" R.S.G.V. with Valve Box 1 EA $ 850.00 $ 850.00 79. 6" R.S.G.V.with Valve Box 1 EA $ 950.00 $ 950.00 80. 8" R.S.G.V.with Valve Box 1 EA $ 1,250.00 $ 1,250.00 81. 10" R.S.G.V. with Valve Box 1 EA $ 1,700.00 $ 1,700.00 82, 12" R.S.G.V.with Valve Box 1 EA $ 2,100.00 $ 2,100.00 83. 20" R.S.G.V. with Valve Box 1 EA $ 12,000.00 $ 12,000.00 84. 24" R.S.G.V. with Valve Box 1 EA $ 18,000.00 $ 18,000.00 85. 30" R.S.G.V. with Valve Box 1 EA $ 32,000.00 $ 32,000.00 86, 36"R.S.G.V. with Valve Box 1 EA $ 40,000.00 $ 40,000.00 87. Fire Hydrant 5 EA $ 2,500.00 $ 12,500.00 PRESSURE PIPE (FORCE MAIN): 88. 4" Epoxy-lined DIP Force Main, Class 52 100 LF $ 45.00 $ 4,500.00 89. 6" Epoxy-lined DIP Force Main, Class 52 100 LF $ 50.00 $ 5,000.00 90. 8" Epoxy-lined DIP Force Main, Class 52 100 LF $ 60.00 $ 6,000.00 91. 10" Epoxy-lined DIP Force Main, Class 52 100 LF $ 70.00 $ 7,000.00 92. 12" Epoxy-lined DIP Force Main, Class 52 100 LF $ 90.00 $ 9,000.00 93. 16" Epoxy-lined DIP Force Main, Class 51 100 LF $ 115.00 $ 11,500.00 94. 18" Epoxy-lined DIP Force Main, Class 51 100 LF $ 135.00 $ 13,500.00 95. 20" Epoxy-lined DIP Force Main, Class 51 100 LF $ 135.00 $ 13,500.00 96' 24" Epoxy-lined DIP Force Main, Class 51 100 LF $ 170.00 $ 17,000.00 97. 30" Epoxy-lined DIP Force Main, Class 51 100 LF $ 210.00 $ 21,000.00 98. 36" Epoxy-lined DIP Force Main, Class 51 100 LF $ 270.00 $ 27,000.00 99, 4" Epoxy-lined DIP Fittings 1 TON $ 11,000.00 $ 11,000.00 100. 6" Epoxy-lined DIP Fittings 1 TON $ 11,000.00 $ 11,000.00 101. 8" Epoxy-lined DIP Fittings 1 TON $ 11,000.00 $ 11,000.00 102. 10".Epoxy-lined DIP Fittings 1 TON $ 11,000.00 $ 11,000.00 103. 12" Epoxy-lined DIP Fittings 1 TON $ 11,000.00 $ 11,000.00 104. 16" Epoxy-lined DIP Fittings 1 TON $ 12,500.00 $ 12,500.00 Fee Schedule for RFQ 13-14-407 5 11/24/2014 10:06:23 am Master Contract for Utility Construction Services Item Item Description Est. Units Unit Price Amount , Quant, 105. 18" Epoxy-lined DIP Fittings- 1 TON $ 12,500.00 $ 12,500.00 106. 20" Epoxy-lined DIP Fittings 1 TON $ 12,500.00 $ 12,500.00 107. 24" Epoxy-lined DIP Fittings 1 TON $ 12,500.00 $ 12,500.00 108. 30" Epoxy-lined DIP Fittings 1 TON $ 13,000.00 $ 13,000.00 109. 36" Epoxy-lined DIP Fittings 1 TON $ 13,000.00 $ 13,000.00 110. 4" Plug Valve w/Valve Box 1 EA $ 800.00 $ 800.00 111. 6" Plug Valve wNalve Box 1 EA $ 1,050.00 $ 1,050.00 112. 8" Plug Valve wNalve Box 1 EA $ 1,400.00 $ 1,400.00 113. 12" Plug Valve wNalve Box 1 EA $ 2,500.00 $ 2,500.00 114. 16" Plug Valve wNalve Box 1 EA $ 4,600.00 $ 4,600.00 115. 18" Plug Valve wNalve Box 1 EA $ 5,000.00 $ 5,000.00 116. 20" Plug Valve wNalve Box 1 EA $ 6,600.00 $ 6,600.00 117. 24" Plug Valve wNalve Box 1 EA $ 13,000.00 $ 13,000.00 118. 30" Plug Valve wNalve Box 11 EA $ 21,000.00 $ 21,000.00 119. 36" Plug Valve wNalve Box 1 EA $ 36,000.00 $ 36,000.00 PRESSURE PIPE(WATER/FORCE MAIN): ,120. 8" HDPE(SDR11)Pipe 100 LF $ 18.00 $ 1,800.00 121. 10" HDPE (SDR11) Pipe 100 LF $ 27.00 $ 2,700.00 122. 12" HDPE (SDR11) Pipe 100 LF $ 37.00 $ 3,700.00 123. 16" HDPE (SDR11) Pipe 100 LF $ 64.00 $ 6,400.00 124. 18" HDPE(SDR11)Pipe 100 LF $ 80.00 $ 8,000.00 125. 20" HDPE(SDR11)Pipe 100 LF $ 100.00 $ 10,000.00 126. 24" HDPE(SDR11)Pipe 100 LF $ 140.00 $ 14,000.00 127. 30" HDPE (SDR11)Pipe 100 LF $ 215.00 $ 21,500.00 128. 36" HDPE (SDR11) Pipe 100 LF $ 330.00 $ 33,000.00 129. 12" Butterfly Valve wNalve Box 1 EA $ 1,400.00 $ 1,400.00 130. 16" Butterfly Valve w/Valve Box 1 EA $ 2,000.00 $ 2,000.00 131. 20" Butterfly Valve w/Valve Box 1 EA $ 4,000.00 $ 4,000.00 132. 24" Butterfly Valve w/Valve Box 1 EA $ 5,000.00 $ 5,000.00 133. 30" Butterfly Valve wNalve Box 1 EA $ 10,000.00 $ 10,000.00 134. 36" Butterfly Valve wNalve Box 1 EA $ 11,500.00 $ 11,500.00 135. 4" Field-Lok Gaskets 50 EA $ 95.00 $ 4,750.00 136. 6" Field-Lok Gaskets 50 EA $ 125.00 $ 6,250.00 137. 8" Field-Lok Gaskets 50 EA $ 175.00 $ 8,750,00 138. 10" Field-Lok Gaskets 50 EA $ 250.00 $ 12,500.00 139. 12" Field-Lok Gaskets 50 EA $ 290.00 $ 14,500.00 140 16" Field-Lok Gaskets 50 EA $ 650.00 $ 32,500.00 141. 18" Field-Lok Gaskets 50 EA $ 900.00 $ 45,000.00 142. 20" Field-Lok Gaskets 50 EA $ 1,000.00 $ 50,000.00 143. 24" Field-Lok Gaskets 50 EA $ 1,350.00 $ 67,500.00 144. 30" Field-Lok Gaskets 50 EA $ 1,800.00 $ 90,000.00 145. 36" Field-Lok Gaskets 50 EA $ 2,200.00 $ 110,000.00 146. 4" DIP Mega-Lug Kits 50 EA $ 55.00 $ 2,750.00 147. 6" DIP Mega-Lug Kits 1 50 EA $ 65.00 1 $ 3,250.00 Fee Schedule for RFQ 13-14-407 6 11/24/2014 10.06.23 am Master Contract for Utility Construction Services Item Item Description Est" Units Unit Price Amount Quant. 148. 8" DIP Mega-Lug Kits 50 EA $ 80.00 $ 4,000.00 149. 10" DIP Mega-Lug Kits 50 EA $ 300.00 $ 15,000.00 150. 12" DIP Mega-Lug Kits 50 EA $ 350.00 $ 17,500.00 151. 16" DIP Mega-Lug Kits 50 EA $ 350.00 $ 17,500.00 152. 18" DIP Mega-Lug Kits 50 EA $ 350.00 $ 17,500.00 153. 20" DIP Mega-Lug Kits 50 EA $ 450.00 $ 22,500.00 154. 24" DIP Mega-Lug Kits 50 EA $ 700.00 $ 35,000.00 155. 30" DIP Mega-Lug Kits 50 EA $ 1,500.00 $ 75,000.00 156. 36" DIP Mega-Lug Kits 50 EA $ 1,800.00 $ 90,000.00 Air Release Valve Manhole, complete w/ 157. interior and exterior coating 5 EA $ 6,000.00 $ 30,000.00 SANITARY SEWER: Sanitary Sewer MH (4' Dia., up to 6' 158. depth), complete 5 EA $ 2,500.00 $ 12,500.00 Additional depth to Bid Item 158 per 1 foot 158a. increment 5 LF $ 400.00 $ 2,000.00 ' Sanitary Sewer MH (6' Dia., up to 6' 159. depth), com complete 1 EA p $ .3,500.00 $ 3,500.00 Additional depth to Bid Item 159 per 1 foot 159a. increment 5 LF $ 500.00 $ 2,500.00 160. MH Drop Connection (up to 6' depth) 5 EA $ 1,500.00 $ 7,500.00 Additional depth to Bid Item 160 per 1 foot 160a. increment 5 LF $ 300.00 $ 1,500.00 6" Sanitary Sewer Lateral (up to 20) incl. 161. Cleanout, complete 1 EA $ 500.00 $ 500.00 Additional length to Bid Item 161 per I foot 161 a. increment 5- LF $ 10.00 $ 50.00 162. Adjust San. MH Top 5 EA $ 350.00 $ 1,750.00 163. 6" PVC SDR 26 100 LF $ 10.00 $ 1,000.00 164. 8" PVC SDR 26 100 LF $ 12.00 $ 1,200.00 165. 10" PVC SDR 26 100 LF $ 16.00 $ 1,600.00 166. 12" PVC SDR 26 100 LF $ 22.00 $ 2,200.00 167. 15" PVC SDR 26 100 LF $ 30.00 $ 3,000.00 168. ' 24" PVC SDR 26 100 LF $ 70.00 $ 7,000.00 169. 30" PVC SDR 26 100 LF $ 120.00 $ 12,000.00 170. 6"x 6" PVC SDR 26 Wye 10 EA $ 75.00 $ . 750.00 171. 8"x 6" PVC SDR 26 Wye 10 EA $ 85.00 $ 850.00 172. 10"x 6" PVC SDR 26 Wye 10 EA $ 175.00 $ 1,750.00 173. 12"x 6" PVC SDR 26 Wye 10 EA $ 180.00 $ 1,800.00 174. 15"x 6" PVC SDR 26 Wye 10 EA $ 325.00 $ 3,250.00 175. 24"x 6" PVC SDR 26 Wye / 10 EA $ 500.00 $ 5,000.00 176. 30"x 6" PVC SDR 26 Wye 10 EA $ 750.00 $ 7,500.00 177. 4" Fernco Coupling w/shear rings 10 EA $ 25.00 $ 250.00 178. 6" Fernco Coupling w/shear rings 10 EA $ 35.00 $ 350.00 179, 8" Fernco Coupling w/shear rings 10 EA $ 41.00 $ 410.00 Fee Schedule for RFQ 13-14-407 7 11/24/2014 10:06:23 am Master Contract for Utility Construction Services Item Item Description Est. Units Unit Price Amount Quant. 180. 10" Fernco Coupling w/shear rings 10 EA $ 55.00 $ 550.00 181. 12" Fernco Coupling w/shear rings 10 EA $ 65.00 $ 650.00 182. 15" Fernco Coupling w/shear rings 10 EA $ 160.00 $ 1,600.00 183. 24" Fernco Coupling w/shear rings 10 EA $ 300.00 $ 3,000.00 184. 30" Fernco Coupling w/shear rings 10 EA $ 500.00 $ 5,000.00 CONCRETE: 185. Removal &Disposal of 4"thick Concrete 100 SF $ 4.00 $ 400.00 186. Removal & Disposal of 6"thick Concrete 100 SF $ 4.00 $ 400.00 187. Concrete (4"thick) 100 SY $ 50.00 $ 5,000.00 188. Concrete (6"thick) 100 SY $ 55.00 $ 5,500.00 189, 1FIDOT Handicap Ramp 100 SY $ 55.00 $ 5,500.00 Installation of FDOT Type"D"curb-by 190. hand 50 LF $ 35.00 $ 1,750.00 Installation of FDOT Type"D"curb-by 191. machine 50 LF $ 25.00 $ 1,250.00 Installation of FDOT Type"F"curb-by 192' hand 50 LF $ 35.00 $ 1,750.00 Installation of FDOT Type"F"curb-by 193. machine 50 LF $ 25.00 $ 11250.00 Installation of FDOT Valley Gutter-by 194. hand 50 LF $ 35.00 $ 1,750.00 195. machine Installation of FDOT Valley Gutter-by 50 LF • $ 25.00 $ 1,250.00 196. Installation of Header Curb-by hand 50 LF $ 50.00 $ 2,500.00 Installation of FDOT Asphaltic Concrete 197. Curb 50 LF $ 35.00 $ 1,750.00 Installation of FDOT mitered end section 198' for 15'diameter RCP 10 EA $ 750.00 $ 7,500.00 Installation of FDOT mitered end section 199' for 15" diameter HDPE pipe 10 EA $ 600.00 $ 6,000.00 Installation of FDOT mitered end section 200. for 18" diameter HDPE i e 10 EA p�p $ 1,000.00 $ 10,000.00 Installation of FDOT mitered end section 201. for 18" diameter RCP 10 EA $ 700.00 $ 7,000.00 202. Special saw cuts for concrete 100 LF $ 5.00 $ 500.00 MISCELLANEOUS: Removal &disposal of soil to implement 203. improvements 100 CY $ 10.00 $ 1,000.00 204. Supply, replace &compact clean fill 100 CY $ 16.00 $ 1,600.00 Supply&installation of natural stone 205. riprap 200 TON $ 250.00 $ 50,000.00 Supply&installation of broken concrete 206. riprap 200 TON $ 200.00 $ 40,000.00 207. Supply& install sand-cement riprap 100 CY $ 500.00 $ 50,000.00 Fee Schedule for RFQ 13-14-407 8 11/24/2014 10:06:23 am Master Contract for Utility Construction Services Item Item Description Est. Units Unit Price Amount Quant. Removal &disposal of existing culvert 208' pipe (any material) 50 LF $ 25.00 $ 1,250.00 Supply&installation of Bahia Sod-up to 209' 1000 SF 1000 SF $ 0.75 $ 750.00 Supply&installation of Bahia Sod-over 210. 1000 SF 2000 SF $ 0.50 $ 1,000.00 Supply&installation of Floratam Sod-up 211. to 1000 SF 1000 SF $ 1.00 $ 1,000.00 Supply&installation of Floratam Sod- 212. over 1000 SF 2000 SF $ 0.75 $ 1,500.00 Supply&installation of FDOT Seed & 213. Mulch Mix 1000 SF $ 0.50 $ 500.00 Furnish Operator,Water Truck and 214. Irrigate Sod or Seed Mix 10 HR $ 70.00 $ 700.00 215. FDOT Guard Rail with no end treatment 50 FT $ 60.00 $ 3,000.00 216. Canal Excavation (sand &silt) 100 CY $ 20.00 $ 2,000.00 217, Lake Canal Bank Restoration 100 SF $ 6.00 $ 600.00 Surveyor(as-built records approved by 218' City of W.P.B.) XXX HR XXX $225.00 218a. Field Crew XXX HR XXX $250.00 218b. Drafting/Cad. XXX HR XXX $125.00 APPROVED MOT: 219a. Arrow Board 1 EA $ 100.00 $ 100.00 219b. Sign Board 1 EA $ 120.00 $ 120.00 220c. Standard Barricades w/Lights 1 EA $ 1.00 $ 1.00 220d. Corral Barricades w/Lights 1 EA $ 2.00 $ 2.00 220e. Road Sign w/Lights 1 EA $ 2.50 $ 2.50 220f. I FDOT-approved Traffic Cones 10 EA $ 1.00 1 $ 10.00 LABOR RATE(For any other work not mentioned above, the contractor will apply the labor to the quote) Foreman XXX HR XXX $ 85.00 Laborer XXX HR XXX $ 40.00 ALTERNATE BID The following equipment is to be furnished with operator One tractor bulldozer, size D-5 or 1. equivalent. offering. (Make/Model) XXX HR XXX $140.00 lone self-loading scraper, pan and tractor, 2. rubber-tired, 20 cu. yd. capacity. XXX HR XXX $250.00 3. lone dragline, 1 Cu. Yd. Capacity XXX HR XXX $250,00 One road pothole patch crew, including 4. truck and hot mix asphalt, and necessary crew to patch potholes. XXX HR XXX $350.00 5. One dragline, 2-1/2 Cu. Yd. Capacity XXX HR I XXX 1$315.00 Fee Schedule for RFQ 13-14-407 9 11/24/2014 10.06.23 am Master Contract for Utility Construction Services Item Item Description Est.Quant. Units Unit Price Amount 6. One front end loader, 2 Cu. Yd. Capacity XXX HR XXX $100.00 7. One front end loader, 3 Cu. Yd. Capacity XXX HR XXX $110.00 One crawler tractor hydraulic backhoe 3/4 8' Cu. Yd. Capacity XXX HR XXX $115.00 Ca 9_ One backhoe 1.5 Cu. Yd. Capacity XXX HR XXX $135.00 10 One backhoe 3 Cu. Yd. Capacity XXX HR XXX $175.00 11. One backhoe 4 Cu. Yd. Capacity XXX HR XXX' $300.00 12. One backhoe 5 Cu. Yd. Capacity XXX HR XXX $360.00 Heavy equipment low boy with tractor, 13. XXX HR XXX $100.00 minimum width 10", 50 ton capacity. One self-propelled vibrating, small size 14. com actor. XXX HR XXX $85.00 One tandem dump truck with sideboards, 15. 12 Cu. Yd. XXX HR XXX $65.00 16. One triaxle dump truck, 18 Cu. Yd. XXX HR XXX- $75.00 17. One tractor trailer dump truck, 20 Cu. Yd. XXX HR XXX $90.00 One long arm (50' min.) Backhoe 3 Cu. 18. Yd. Capacity XXX HR XXX $320.00 19. Welding Machine XXX HR XXX $10.00 20. Portable Generator XXX HR XXX $10.00 21. Quick Cut Saw XXX HR XXX $25.00 22. Asphalt/Concrete Saw XXX HR XXX $25.00 23. Steel Wheel Roller XXX HR XXX $90.00 24. Plate Tamper XXX HR XXX $35.00 25. Pickup w/tools XXX HR XXX $60.00 26. Fuel truck XXX HR XXX $96.00 27. Crane-45 ton XXX HR XXX $300.00 28. Bobcat with grapple or excavator XXX HR XXX $85.00 29. Boat with motor XXX HR XXX $100.00 30. Chainsaw XXX HR XXX $25.00 Fee Schedule for RFQ 13-14-407 10 11/24/2014 10:06:23 am eI Cj z FOSTMAR-01 SSIMEON DATE IMM/DDIYYYY) s CERTIFICATE OF LIABILITY INSURANCE F 11/7/2014 kl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS i CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES i BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED x; REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. i! IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Collinsworth,Alter,Fowler&French,LLC PHONE (305)822-7800 FAX No 305 362-2443 8000 Governors Square Blvd (A/C,No,Ext): ( ): ( ) `a Suite 301 E-MAIL I ADDRESS: Miami Lakes,FL 33016 @i INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:HDI-Gerling America Insurance Co 41343 INSURED INSURER B:Federal Insurance Company 120281 Foster Marine Contractors,Inc. INSURER C 3180 Fairlane Farms Road i Suite 1 INSURER D �! Wellington,FL 33414 INSURER E: INSURER F ri COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP ?i LTR I TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY) (MMIDDIYYYYI LIMITS GENERAL LIABILITY - EACH OCCURRENCE j $ 2,000,000 A X 1 COMMERCIAL GENERAL LIABILITY X EGGCC000152714 9/27/2014 9/2712015 PREMISES{G a occurrenceL $ 100,000 —I !�CLAIMS-MADE a OCCUR MED EXP(Any one person) $ Excluded PERSONAL 8.ADV INJURY $ 2,000,000 _JI GENERAL AGGREGATE I$ 2,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 r PRO- F LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2000 000 Ea accident ' $ A X ANY AUTO EAGCC000152714 9/27/2014 9/2712015 BODILY INJURY(Per person) $ I ALL OWNED F— SCHEDULED BODILY INJURY(Per accident) $ J AUTOS AUTOS PROPERTY DAMAGE X HIREDAUTOS AUTOS ED Per accident $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 ;!t A EXCESS LIAB CLAIMS-MADE EXAGC0000152714 9/27/2014 9/2712015 AGGREGATE $ 3,000,000 �.1 DED I X !RETENTIONS $ WORKERS COMPENSATION X I WC STATU- AND EMPLOYERS'LIABILITY TORY LIMITS TH- OER _ A I ANV PROPRIETOR/PARTNER/EXECUTIVE Y N/A EWGCC000152714 9/27/2014 9/2712015 E.L.EACH ACCIDENT $ _ 1,000,000 OFFI ❑CER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under .i DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 B /Equipment Floater 45467613 3/5/2014 3/5/2015 Leased/Rented Equip 300,000 B (Equipment Floater 45467613 3/5/2014 3/5/2015 Scheduled Equip 1,383,750 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re:Master Contract for Small Utility Construction City of West Palm Beach,its commissioners,officers,employees and agents are named as additional insured with respect to general liability. i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of West Palm Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 401 Clematis St. West Palm Beach,FL 33401 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 11/24/2014 10:06:23 am City of West ftfm Beach 9 'ZnRlur~ DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that i^O!s�ter MCu 1 ne �O i'C��+U�'S , 1 1'1C 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 violation 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 this 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 contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this fir/coies fully with the above requirements. Authoriz d Signature Printl4a Date 11/24/2014 10:06:23 am MEMO n V Z �ZORtOA OFFICE OF THE CITY ATTORNEY To: Jeri Muoio, Mayor From: Nancy D. Urcheck, Deputy City Attor Date: November 2014 0 d 30p� Matter No: 14567 Cif y� y'Jd`i(I/Cgs r`eiii'}� at'aC}1 Dept. 970 ECR Board Mayors Office Re: Hinterland Group; ECRWRF; Master-Small Utility Construction Projects; Transmitted herewith for your signature as agent for the ECR Board are original documents which have been reviewed and approved for legal sufficiency. The ECR Board has approved execution of the document. Kindly forward the documents, along with this memo, to the City Clerk's Office. To: Office of the City Clerk RR".9EIVE "' The Mayor is authorized to execute the document in accordance with: ECR Board approval. NOV 0 7 2014 X ECR Budget control protocol. CITY OF (NEST PALM BEACH Please take the actions indicated below with respect to these documer OFFICE OF THE CITY CLERIC Y . Attest to the execution of the Agreement by the Mayor. Y Insert the date of execution beneath the Mayor's signature (if not already dated). Estimated Record Retention Review: December 2029 ( Non-construction-5 years from estimated completion and final payment) (Construction related—10 years from estimated completion and final payment) Please retain one original as a public record and forward the other original to: Robin Hewitt, Engineering Services bm 11110/2014 11:01:26 am CITY'S ORIGINAL PAL B f East Central Regional Water Reclamation Facility �fST P,L MASTER CONTRACT " U S �LOan�r for SMALL UTILITY CONSTRUCTION RFQ No. 13-14-407 Contract No. 14567 Contractor Firm: Hinterland Group, Inc. Contractor Address: 5401 Haverhill Road, Unit 114 West Palm Beach, Florida 33407 Email: Ddukel@hinterlandgroup.com Telephone: (561)640-3503 Fax: (561)633-7067 FEI/EIN#205156844 THIS CONTRACT is made and entered into by and between the Contractor identified above and the EAST CENTRAL WASTE WATER TREATMENT FACILITY BOARD ("ECR" or "Owner"), by and through its agent, the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida whose address is 401 Clematis Street, West Palm Beach, Florida 33401 (the"City"or"Owner"). WHEREAS, the Owner caused to be prepared specification, drawings and other contract documents for certain work and issued a Request for Qualifications(RFQ)for the above-described project;and WHEREAS, the Contractor submitted its Proposal in response; and WHEREAS, the Owner determined that the Contractor's Proposal represents the best value to Owner and wishes to contract with Contractor under the terms and conditions contained in the RDQ; NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the Owner and Contractor understand and agree as follows: 1. Small Utility Project. Contractor shall be entitled to submit bid(s) for the issuance of Work Orders for small utility projects(under$300,000), which may include, but are not limited to, the following plus ancillary items: • Wastewater Facility Work • Sanitary Sewer Main installation and repair • Sanitary Force Main installation and repair • Valve installation and repair on sanitary sewer main, sanitary force main, and process piping • Air piping installation and repair • Wastewater Pump installation and repair • Material Purchases • Utility Locates • Manholes • Inlets • Conduits • Concrete Work • Road Work • Paving • Dewatering Master SmUtility-ECR 100614 1 11/10/2014 11:01:26 am • Surveying and Field Engineering for construction layout and as-built drawings • Testing and Laboratory Services • Electrical Improvements • Other small projects as requested 2. Non-Exclusive; No Guaranty. This Contract is non-exclusive and the ECR reserves the right to award other contracts for work falling within the scope of this Contract. No work order(s) or minimum amount of work or compensation is guaranteed under this Contract. 3. Scope of Work. If awarded a Work Order, the Contractor shall furnish all necessary labor, materials, equipment and supplies, and shall execute and complete, to the satisfaction of Owner and in accordance with the terms and conditions of this Contract all work described and shown in the applicable Work Order. The work will be small utility projects(under$300,000). 4. Work Order(s): 4.1 Owner will issue Work Orders for small utility construction projects to awarded Contractor on an as-needed basis. Each work order will be on Owner's form and detail the specific project scope of work, project schedule for completion and compensation. All terms and conditions of this Contract, the General Conditions and the Contract Documents will be applicable to each Work Order. Time shall be of the essence of each Work Order. 4.2 No work is authorized until a work order is fully executed by the Owner. Any amendment to a work order is not effective and not authorized until such amendment is fully executed by the Owner. No Work Order may be amended to exceed $300,000. 4.3 No individual Work Order shall exceed $299,999.99. A comprehensive project shall not be broken into small related segments/projects in order to fall within the limitations of this Contract. Contractor shall not execute any such Work Order. 4.4 The compensation/price to be paid for each individual work order shall be specified in the work order and shall be based on the rates/unit prices shown in Exhibit A. 4.5 Work Orders shall be completed within the time indicated for each Work Order. Time is of the essence of each Work Order. Contractor shall proceed with the work and shall conform to the schedule for each Work Order. Work shall commence on the date indicated in the Notice to Proceed issued by Owner and be substantially complete and then fully complete in accordance with the Work Order schedule and the General Conditions, with such extensions of time as are provided in the General Conditions. 4.6 No Work Order may be issued for Services to be completed after the expiration of this Contract. The form of Owner's Work Order is attached to this Contract. 5. Payment and Invoices. Payment for Work Orders shall be made in accordance with the General Conditions of this Contract. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for.each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents. 6. Term of Contract. 6.1 Term of Contract. Subject to the termination rights of the Owner, this Contract shall have a term of three(3) years, commencing as of the date of execution by the Owner. The Owner shall execute this Contract last. 6.2 Renewal. At the sole option of the ECR, this Contract may be renewed for up to two additional twelve (12) month periods. Contract renewal will only be effective upon a written contract amendment executed by both parties. Renewal terms and conditions for this Contract shall be unchanged. 7. Liquidated Damages. The actual damages ECR and the public may suffer as a result of the failure to complete work under a Work Order within the scheduled time are not ascertainable at the time of this Contract. If said work under any Work Order is not substantially and then fully completed within the time established by the Master SmUtility-ECR 100614 2 11110/2014 11:01:26 am Work Order and the General Conditions, as may be adjusted, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, a sum per calendar day for each and every day or part of a day thereafter that said work remains incomplete. Unless a Work Order specified otherwise, Contractor shall pay to ECR the sum of Two Hundred Dollars($200) per calendar day as liquidated damages. 8. Construction Bond(s). If the estimated amount of any Work Order is $200,000 or more, or if a bond is required by ECR/City on any other Work Order, then prior to the commencement of the work under such Work Order, Contractor shall record a public construction bond, in an amount not less than the total cost of such Work Order, on City approved forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond(s) prior to commencing work and submittal of first invoice. The ECR Board and City shall be co-obligees under such bonds. The bond shall incorporate by reference the terms of the Contract Documents in their entirety. 9. Required Insurance. 9.1 Contractor shall maintain following liability coverage, in the limits specified, and shall provide evidence of such coverage prior to Contract execution: . Comprehensive General Liability: Not less than $1,000,000.00 Combined Single Limit per each occurrence and $2,000,000 aggregate, with bodily injury limits. May not be subject to a self- insured retention or deductible exceeding$25,000. Automobile Liability: Not less than $1,000,000.00 for injuries per person in any one accident or occurrence and $1,000,000.00 in the aggregate for injuries per occurrence or accident, with $100,000.00 for property damage in any one accident or occurrence. May not be subject to a self-insured retention or deductible exceeding $10,000. Worker's Compensation: Worker's Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $500,000 "each accident," $500,000 "disease policy limit,"and $500,000 "disease each employee." Any liability coverage on claims made basis shall remain effective for five(5)years after final payment. 9.2 Based on the work to be performed, specific Work Orders for specific utility work projects may require additional insurance coverages. 9.3 Additional Insured: All required insurance (except Worker's Compensation and Professional Liability) shall include an Additional Insured endorsement identifying the City of West Palm Beach and ECR as Additional Insured. No costs shall be paid by the Owner for an additional insured endorsement. Additional Insured: All liability insurance policies shall name and endorse the following as additional insured(s): the ECR Board, the City of West Palm Beach and its commissioners, officers,employees and agents. 9.4 Certificate of Insurance: Evidence of insurance, being a current ACORD certificate of insurance or its equivalent, executed by the insurer, or its agent or broker, evidencing that a policy of insurance and any required endorsements have been issued by the agent/broker shall be delivered to City prior to execution of any contract awarded. The Certificate of Insurance shall be dated and show the name of the insured, the specific contract or work authorization by name,WA number and contract number, the name of the insurer, the number of the policy, its effective date, and its termination date. 9.5 Sub-Contractors. Proposer(s)shall ensure that any sub-consultants will maintain during the term of their contract, the above types of insurance, in coverage amounts acceptable to the Owner. 10. Contractor's Understanding. It is understood and agreed that the Contractor shall, prior to the execution of any Work Order, by careful examination, satisfy itself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions. Execution of a Work Order by the Contractor shall be a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Master SmUtility-ECR 100614 3 11/10/2014 11:01:26 am Documents. Contractor agrees that its inspection of the site and review of information furnished by Owner shall be adequate investigation. By execution of a Work Order, Contractor represents that the plans and specifications are consistent, practical, feasible and constructible within the scheduled construction time and Contractor 'affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or site. Contractor agrees that that if during construction any discrepancies, defects, etc., are discovered by or made known to Contractor, Contractor shall immediately communicate same to the Owner. 11. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project(or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 12 Ethics. Contractor acknowledges, agrees and commits that it shall comply with all applicable state, county and city rules and regulations. 13. Inspector General. Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and any Work Order hereunder, and may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be a material breach of this Contract justifying its termination. 14. Small Business. Contractor agrees to use the certified small businesses identified by Contractor for each Work Order in the manner and proportions set forth in the Work Order and Small Business Commitment form. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program and the utilization of an payment to certified small businesses under this Contract. Contractor shall make said records available to the Owner for inspection during reasonable business hours. 15. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The term "Contract" and or "Contract Documents" shall include all project and work requirements, the terms and conditions contained in this Contract and the General Conditions, on the City website(s), each Work Order and the following documents, all of which taken together are incorporated herein and form the Contract Documents. The Contract Documents constitute the entire agreement between Contractor and Owner and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. For convenience sake, all of the Contract Documents may not be attached to this Contract, but the indicated documents are incorporated and make up the Contract Documents, regardless of whether they are attached. ❑ General Conditions ❑ Exhibit A—rates/prices ❑ Public Construction bond(s) ❑ Contractor's Insurance ❑ Drug Free Certification ❑ RFQ 13-14-407 ❑ The following Contract Documents may be found at www.cityofwpb.org/engineering/. Owner's Approved Materials List Owner's Engineering Standard Details ❑ Each Work Order and all associated Documents The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. Master SmUtility-ECR 100614 4 11/10/2014 11:01:26 am IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized representatives. EAST CENTRAL REGIONAL WASTE WATER TREATMENT FACILITY BOARD By its agent ATTEST: CITY OF WEST PALM BEACH By: By: City Clerk Geraldine Muoio, Mayor Date: 2014 CITY ATTORNEY'S OFFICE Approved o form and legality By: WITNESS: Contractor: HINTERLAND GROUP, INC. By: r�F Print ame: Print Name: ,TyAie��gz�N Title: Master SmUtility-ECR 100614 5 11/10/2014 11:01:26 am 0; 1 East Central Regional Water Reclamation Facility _ Small Utility Construction Work Order No. Contract No. 14567 Contractor: Hinterland Group, Inc. Project/Work Title: 1. Work: A detailed scope of work to be performed under this Work Order is attached as Exhibit A. ❑ (check if applicable) Technical specifications and drawings for the Project prepared by dated , project number (the"Contract Drawings") describe the work and are Contract Documents for this Work Order. 2. Schedule: Time is of the essence of this Work Order. The Contractor shall commence Work under this Work Order on the date indicated in the Notice to Proceed and fully complete said Work in accordance with Exhibit Substantial Completion shall be: days from Notice to Proceed. 3. Work Order Price. The total amount to be paid to the Contractor by the Owner under this Work Order shall not exceed the sum of ($ ) subject only to adjustment as provided in the General Conditions. The price shall be based on the rates/unit prices under the Contract. No Work Order may exceed the price of Three Hundred Thousand .Dollars. Payments shall be made in accordance with the General Conditions. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents. ❑ (check if applicable) A detailed schedule of values is attached as Exhibit_ ❑ (check if applicable) Contingency. Owner and Contractor agree the project budget shall include an Owner's contingency, which shall be utilized in accordance with the General Conditions, sum in the amount of 4. Liquidated. Damages. In accordance with the Contract Documents, Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages for each and every calendar day or part of a day that the work remains incomplete, the sum of Two Hundred Dollars($200.00) per calendar day. 5. Construction Bond. Unless indicated below, Contractor will record the required public construction bond, on City forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond prior to commencing,work under this Work Order and submittal of first invoice. ❑ (check if applicable) Construction bond not required and Work Order Price is less than $200,000. 6. Special Terms. Master SmUtility-ECR 100614 6 11/10/2014 11:01:26 am 7. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project(or if no certificate of occupancy to be issued, within one year of substantial completion)or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 8. Small Business: The small business commitment for this Work Order is %. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program and the utilization of an payment to certified small businesses under this Contract. '9. Insurance: Contractor hereby confirms that it maintains the insurance coverages required under the Contract and that certificates of insurance evidencing current policies are on file with the'City as of the date of this Work Order. 10. Contract Reference: This Work Order shall be performed under the terms and conditions described within the master contract titled Master Contract for Small Utility Construction, dated by and between the East Central Regional Waste Water Treatment Facility Board by its agent, City of West Palm Beach and the Contractor named above ("Contract"). 11. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The following documents are Contract Documents with respect to this Work Order, regardless of whether they are attached: ❑ Technical Specifications and Construction Drawings and specifications identified above. ❑ Scope of Work ❑ Contractor's Bid and Schedule of Values ❑ Construction Schedule ❑ Special Terms ❑ Grant Requirements ❑ Substitution Sheet ❑ Contractor's Material Suppliers List ❑ Schedule of Subcontractors—including suppliers ❑ Trench Safety Compliance Form ❑ Small Business—Statement of Small Business Participation ❑ The following Contract Documents may be found at www.cityofwpb.org/engineering/. Owner's Approved Materials List Owner's Engineering Standard Details CONTRACTOR: EAST CENTRAL REGIONAL HINTERLAND GROUP, INC. WASTE WATER TREATMENT FACILITY BOARD By its agent CITY OF WEST PALM BEACH By: Geraldine Muoio, Mayor Print Name: Date: . 20 ATTEST: City Clerk CITY ATTORNEY'S OFFICE Approval as to form and legality By: Master SmUtility-ECR 100614 7 11/10/2014 11:01:26 am I uTp� os" d GENERAL CONDITIONS v • g r<ORNr ' SECTION CAPTION GC 1 Definitions GC 2 Contract Documents GC 3 Owner GC 4 Contractor GC 4.1 Contractor Responsibilities GC 4.2 Contractor Review GC 4.3 Supervision and Labor GC 4.4 Materials and Equipment GC 4.5 Substitution GC 4.6 Quality Assurance GC 4.7 Permit and Fees GC 4.8 Notice to Proceed; Schedule; Delay GC 4.9 Survey; Lines, Grade, Levels and Dimensions GC 4.10 Record Documents GC 4.11 Work Site GC 4.12 Protection of Work and Property GC 4.13 Concealed or Unknown Conditions GC 4.14 Safety GC 4.15 Progress; Reporting GC 4.16 Shop Drawings, Samples and Submittals GC 5 Inspections and Testings GC 6 Correction of Work GC 7 Work by Others at Site GC 8 Changes in the Work GC 9 Completion GC 9.1 Requirements Prior to Substantial Completion GC 9.2 Notice GC 9.3 Substantial Completion GC 9.4 Inspection and Punch List GC 9.4 Substantial Completion GC 9.5 Punch List Retainage GC 9.6 Requirements Prior to Final Inspection GC 9.7 Final Inspection GC 9.8 Owner's Rights GC 9.9 Final As-Built Documents 1 FORM GENCON 100914 11/10/2014 11:01:26 am GC 9.10 Use of Completed Portions GC 10 Payment z GC 10.1 Schedule of Values GC 10.2 Taxes GC 10.3 Payment When Performance and Payment Bond Required GC 10.4 Payment Requests GC 10.5 Initial Payment GC 10.6 Progress Payments GC 10.7 Decision to Withhold Certification of Payments Requests GC 10.8 Retainage GC 10.9 Payment to Subcontractors GC 10.10 Final Payment GC 10.11 Final Payment to Subcontractors GC 10.12 Allowances GC 10.13 Contingency Funds GC 10.14 Withheld Payments GC 10.15 Local Government Prompt Payment Act GC 11 Bonds GC 11.1 Performance and Payment Bonds GC 11.2 Surety GC 12 Liens and Releases of Liens GC 13 Insurance; Indemnification GC 14 Subcontractors and Suppliers GC 15 Engineer/Architect's Status GC 16 Termination and Suspension GC 17 Unexcused Delay; Liquidated Damages GC 18 Claims and Disputes GC 19 Warranty Inspection GC 20 Royalties and Patents GC 21 Legal and Ethical Provisions GC 22 Miscellaneous FORM GENCON 100914 11/10/2014 11:01:26 am GC 1 DEFINITIONS The following definitions will apply regardless of whether the word(s) is capitalized, if the context is appropriate. "Addenda" is a document issued prior to the opening of bids which clarifies, corrects or changes the bidding requirements or the proposed Contract Documents. "Agreement" is the written instrument which is evidence of the agreement between Owner and Contractor covering the Work. "Change Order" shall mean a written order issued by the Owner and accepted by the Contractor, authorizing additions, deletions, or revisions in the Work, or an adjustment in the contract price, or contract times, issued on or after the Effective Date of the Contract. "claim" shall mean a demand or assertion by the Owner or Contractor seeking an adjustment of the contract price or contract times, or both, or relief with respect to the terms of the Contract." "Constructive Change Directive (CDD) is a document issued to authorize Work when a change order is not yet issued or has not yet been agreed upon. "Construction Drawings" or "drawings" are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. "Contract date" shall be the date on which the Contract is signed,by the last of the two parties to sign and deliver. "Contract Documents" or "Contract" consist of the Contract between the Owner and Contractor, the payment and performance bonds (or public construction bond), the General Conditions, any supplemental or special terms or conditions of the Contract, Construction Drawings, specifications, bidding documents, addenda, and other documents listed in the Contract, regardless of whether physically attached to the Contract, and any amendments or change orders issued and duly executed after execution of the Contract. "Contractor" shall mean the entity contracting with the Owner to perform the Work or its authorized representative. Contractor shall be lawfully licensed to perform the Work. "contract price" is the total amount payable by the Owner to Contractor for performance of the Work under the Contract Documents. "day" shall mean calendar day, unless otherwise specifically indicated. Where the performance of any act is directed, the time shall be computed so as to exclude the first and include the last day of the prescribed period. When the last day of a period falls on a Saturday, Sunday or legal holiday (observed by the party) the period shall end on the next day that is not a Saturday, Sunday or legal holiday. "Engineer/Architect" shall be used and shall be understood to mean the professional engineer or architect consultant retained by the Owner as the Engineer or Architect of Record, or the designated staff engineer of the Engineering & Public Works Department of the Owner_ "fifty percent completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporated and which will remain in place subsequent to Final Completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractor's mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work do not apply to the determination of"Fifty Percent Completion" of the Work for purposes of establishing entitlement to a reduction of retainage. 3 FORM GENCON 100914 11/10/2014 11.01.26 am "Final Certification" is the document issued to Owner by the Engineer/Architect upon finding the Work acceptable under the Contract Documents and all requirements fully performed. "Final completion" shall be deemed to have occurred when the Engineer/Architect finds the Work acceptable under the Contract Documents and that all contract requirements have been fully performed. "Notice to Proceed" is the written notice given by Owner to Contractor fixing the date on which the Contract time will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. "Owner" or "City" is the City of West Palm Beach. The authorized representative for execution of the Contract and any amendments or change orders is the Mayor. "project" is the total construction, of which the Work performed under the Contract Documents may be the whole or a portion; and may include construction by the Owner and/or separate contractors. "schedule of values" shall be a Contractor prepared and maintained schedule allocating portions of the contract price to various portions of the Work and used as a basis for reviewing the Contractor's application for payment. "shop drawings" are drawings, diagrams, illustrations, schedules and other data specially prepared for the Work by Contractor or its Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. .Shop drawings are not Contract Documents but are used to demonstrate how the Contractor proposed to conform to the design concept of the Contract Documents for those portions of the Work for which the Contract Documents require submittals. "specifications" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work and performance of related services. "subcontractor' is a person or entity in direct or indirect contract with the Contractor, or with any other subcontractor, to perform a portion of the Work. "substantial completion" shall be deemed to have occurred when the Work has progressed to the point where, in the opinion of the Engineer/Architect, the Work is sufficiently complete, in accordance with the Contract Documents, so that the Owner can utilize the Work and 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 except where a lack of completion of such incidental or incomplete items of Work will adversely affect the complete operation of other areas of the Work. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific are set forth in the Special Terms or Supplemental Conditions. "Supplemental Conditions" are that part of the Contract Documents which amends or supplements these General Conditions. "Work", means the construction services required by the Contract Documents and includes all labor, equipment, materials, documents and services to be provided by the Contractor to fulfill the Contractor's obligations under the Contract. Work may refer to the whole or a portion of the project. The terms "Owner", "Contractor", "Engineer/Architect" and"Subcontractor" are treated throughout the Contract as if each were of the singular number and masculine gender. 4 FORM GENCON 100914 11/10/2014 11:01:26 am GC 2 CONTRACT DOCUMENTS 2.1 EXECUTION, CORRELATION AND INTENT OF DOCUMENTS: 2.1.1 The Contract shall be executed in at least two original sets by Owner and Contractor. 2.1.2 The Contract Documents are intended to include all items necessary for the proper execution and completion of the Work by the Contractor. Any labor, services, materials, equipment or documentation that may reasonably be inferred from the Contract documents or trade usage or prevailing custom as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. 2.1.3 The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. In the event of any inconsistency among the Contract Documents, where such inconsistency is not clarified by change order or addendum, the Contract Documents shall be construed according to the following priorities: First Priority: Approved Change Orders, Addendums or Amendments Second Priority: Specifications(quality) Third Priority: Drawings(location) Fourth Priority: Supplemental Conditions or Special Terms Fifth Priority: General Terms and Conditions Sixth Priority: Contract Seventh Priority Invitation to Bid Eighth Priority Contractor's Bid 2.1.4 In any event of inconsistency, however, the latest, and more stringent, or technical, or the lesser quantity requirements shall control the work to be performed by Contractor, as determined by the Engineer/Architect. 2.1.5 Organization of the Specifications into sections or arrangements of the Construction Drawings shall not control how the Work is distributed to subcontractors or among the trades. 2.1.6 The Contract Documents make no attempt to fix the scope of work of any subcontractor nor the responsibilities of the subcontractors. 2.1.7 Unless otherwise stated in the Contract Documents, words that have well-known conventional or technical or construction-industry meanings are used in the Contract Documents in accordance with such meanings. 2.1.8 Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to laws or regulations, shall mean the standard, specification, manual, code, or laws, or regulations in effect at the time of bid opening or on the Contract date if there were no bids. 2.1.9 The following Contract Documents may be found at www.citVofwpb.org/engineering/ Owner's Approved Materials List Owner's Engineering Standard Details Owner's Right-of-Way Construction Standards(if applicable) 2.2 CONSTRUCTION DRAWINGS AND SPECIFICATIONS. 2.2.1 The Owner through the Engineer/Architect, or the Engineer/Architect as the Owner's representative, shall furnish Construction Drawings and specifications which represent the requirements of the Work as far as practical to be performed under the Contract Documents. The Owner or 5 FORM GENCON 100914 11/10/2014 11.01.26 am Engineer/Architect will provide the Contractor with copies of all drawings and specifications, not to exceed four(4)complete sets, for the execution of the Work. 2.2.2 The Contractor shall, immediately upon receipt of the specifications and Construction Drawings, check all specifications and drawings furnished and shall promptly notify Owner, in writing, of any illegibility, error, omission, defect or discrepancy discovered in such specifications and drawings and shall comment as appropriate upon construction feasibility and practicality. Contractor shall obtain written interpretation or clarification from Engineer/Architect prior to proceeding with any Work affected by such illegibility, error, omission, defect or discrepancy. Contractor shall be responsible for obtaining building permits for the Work based on the specifications and Construction Drawings. The Contractor shall perform work only in accordance with the specifications and permitted Construction Drawings and any subsequent revisions thereto. 2.2.3 If the permit approval process requires a change to the scope of the work, the Contractor shall notify the Owner and Engineer within seven (7) days of Contractor being informed of the required change or receipt of the permitted Construction Drawings and such notification shall contain a written description of the change and its impact on the cost and schedule, if any. Failure to provide such notice within seven (7) days shall be a complete waiver by the Contractor of all additional cost and time and Contractor shall perform and additional work at its expense and complete the Work according to schedule and in no event shall Contractor recover delay or consequential damages. 2.3 OWNERSHIP AND USE OF DRAWINGS AND SPECIFICAIONS 2.3.1 Any and all Construction Drawings produced for the Owner become the property of the Owner, The Contract Documents, in whole or in part, are to be used by the Contractor only with respect to the project and the Work, and shall not be used by the Contractor for any other purpose without written authorization by the Owner. This prohibition shall survive completion or termination of the Contract. The Contractor may retain copies of Contract Documents for record purposes. 2.3.2 For security reasons, building plans, construction drawings, security features and technical details and specifications of City-owned facilities are not public documents. These documents may be shared by Contractor with those employees and subcontractors as needed to perform the Work. However, Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without Owner's prior written approval. 2.4 ELECTRONIC DATA Unless specifically stated in Supplemental Conditions or Special Terms, and excepting the electronic documents referenced in GC 2.1.9, the data, specifications and drawings that may be relied upon are limited to the printed copies (hard copies). If the parties intend to transmit any data, information or documentation in digital form, with the intent of reliance on such transmission, and not solely for the convenience of the receiver, the parties to the transmissions shall establish protocols for such transmissions. GC 3 OWNER 3.1 Owner shall be responsible for obtaining any easements necessary for the Work to be performed at the indicated site. 3.2 The furnishing of any surveys, utility locations, or other site information by the Owner does not relieve'Contractor of its responsibilities under the Contract Documents. Owner makes no representation or warranty as to the accuracy of any information provided to Contractor. 3.3 Unless otherwise provided in the.Contract Documents, Owner shall provide Contractor with at least one(1) but no more than four(4)complete set(s)of Contract Documents. 3.4 Unless otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer/Architect. 6 FORM GENCON 100914 11/10/2014 11:01:26 am 3.5 Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. 3.6 OWNER'S RIGHT TO STOP WORK. If Contractor fails to correct Work that is not in accordance with the Contract Documents, or repeatedly fails to perform Work in compliance with the Contract Documents, Owner may issue a written order to Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated or resolved. 3.7 OWNER'S RIGHT TO PERFORM WORK. Owner reserves the right to perform or complete all or a portion of the Work in the event of Contractor's failure to perform the Work in accordance with the Contract Documents, after written notice of such failure and a five (5) day period to cure such failure(s).- Owner's exercise of its right to perform the Work shall be without prejudice to any other remedies Owner may have. In such event, a change order shall be issued deducting the Owner's costs, including additional compensation to Engineer/Architect, from payments thereafter due to Contractor. The amounts deducted shall be subject to review by Engineer/Architect. If payments due to the Contractor are not sufficient to cover the amount, the Contractor shall pay the difference to Owner. GC CONTRACTOR 4.1 CONTRACTOR RESPONSIBILITIES. 4.1:1 Contractor shall supervise, inspect and direct the Work, competently and efficiently, in accordance with the Contract Documents. The Contractor shall be held liable to Owner for the performance of all Work provided for under the Contract Documents. 4.1.2 Contractor shall employ and or subcontract with subcontractors that are qualified to successfully complete the Work and within the contract time specified. 4.1.3 Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, heat, utilities, travel, lodging, insurance, facilities and services necessary for the proper execution and completion of the Work. 4.1.4 Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures and safety programs in connection with the performance of the Work. Contractor shall be solely responsible for the engagement, management and performance of any subcontractors used to perform any portion of the Work. 4.1.5 Contractor shall be liable to Owner for materials and equipment furnished. This shall include all materials and equipment whether manufactured and/or fabricated by other persons. In the event that an agent or other representative of the Owner approved the installation or erection of any item of material or equipment and the Contractor feels the same is not fabricated in good workmanlike manner, Contractor shall forthwith advise the Engineer/Architect and the Owner of such situation in writing. 4.1.6 Contractor shall maintain a log of daily Work activities, including manpower records, weather, delays, major decisions, etc., and provide a copy of same to Owner upon request. 4.1.7 Contractor shall maintain a current roster of subcontractors with name and contact telephone numbers for key personnel and provide a copy of same to the Owner at the beginning of the project and at any time the information is revised. 7 FORM GENCON 100914 11/10/2014 11:01:26 am 4.1.8. Contractor shall provide a safety program for the project and conduct a safety meeting prior to commencing work and at regular intervals, no less than once per month, during the prosecution of the Work. 4.1.9 For street and utility construction, Contractor shall give notice of commencement of construction to all nearby properties which may be affected by the Work at least seven (7)calendar days prior to commencement of construction. Owner's project manager will assist Contractor in determining those properties requiring notice. 4.1.10 Contractor shall not perform any Work unless the Contractor is in compliance with GC GC 4.8.2 and GC 4.10.1. 4.1.11 Contractor 'shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 4.2 CONTRACTOR REVIEW 4.2.1 Contractor shall carefully study and review the Construction Drawings, plans and specifications to assure itself and Owner that Contractor has observed no defects or discrepancies in the Construction Drawings or specifications and such plans are consistent, practical, feasible and constructible within the scheduled construction time. It is recognized that Contractor's review is made in Contractor's capacity as a. contractor and not as a design professional, unless otherwise specifically provided in the Contract Documents. 4.2.2 The Contractor shall, by careful examination, satisfy .itself, to the extent it deems necessary, as to the nature and location of the Work, the conformation of the ground and site, access and transportation of materials, the character, quality and quantity of the materials, storage, handling and disposal of materials, the character and storage of the equipment and facilities.needed preliminary to and during the prosecution of the Work, the availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions; location of underground utilities; existing site conditions, topography and ground conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; the general and local conditions and all other matters which can in any way affect the performance of the Contract. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. No change shall be made to the contract price on account of minor differences between actual field conditions and the Contract Documents. Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing the Work. 4.2.3 If the Contractor, whether prior to or during construction, discovers or becomes aware of any discrepancies, defects, errors or omissions in the Construction Documents, or any issues or concerns regarding the Work site, Contractor shall immediately report them in writing to the Owner and the Engineer/Architect. 4.2.4 Subsoil Conditions. Unless otherwise stipulated in the Construction Documents, no subsoil investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions as necessary. Contractor shall be responsible for coordinating and scheduling geotechnical services based on Contractor's testing requirements. 4.2.5 Underground Utilities and Facilities. Where applicable, Contractor shall be responsible for. locating all underground utilities and facilities. Owner shall not be responsible for the accuracy or completeness of any information or data provided regarding underground utilities or facilities. 8 FORM GENCON 100914 11/10/2014 11:01.26 am 4.3 SUPERVISON & LABOR 4.3.1 Contractor shall supervise, direct and inspect the Work using Contractor's best skill and attention. Contractor shall enforce discipline and order at the Work site. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction 4.3.2 Project Manager. To ensure that the work will be performed to the requirements of the Contract Documents, Contractor shall, at all times during the progress of the Work, assign and keep a competent Project Manager satisfactory to the Owner. The Contractor shall advise the Owner and Engineer/Architect, in writing, within ten (10) calendar days after the date of Owner's issuance of a Notice to Proceed, the name and local address of the Project Manager who will be in responsible charge of the project, together with the extent of his authority to represent and act on behalf of the Contractor, along with the Project Manager's cell phone number. In the event the Contractor must replace the Project Manager during the pendency of the Project, Contractor shall, unless otherwise impossible, give Owner at least ten (10) calendar days prior notice of such replacement and advise Owner of the name and cell phone number of the new Project Manager. The Contractor will ensure that Owner and Engineer/Architect shall be able to reach the Project Manager at his cell phone number at all working hours and during emergencies. The Project Manager shall represent the Contractor in his absence and all notices and directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in each case. At any time Owner may request and Contractor shall replace the individual performing as Project Manager with an individual acceptable to Owner. 4.3:3 Labor. Contractor shall employ only competent, skilled and suitably qualified personnel to perform the work. Contractor shall remove from the jobsite any personnel of Contractor or subcontractors who is unfit or not properly skilled in the tasks assigned to him, or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound by and comply with all applicable Federal, State and local laws regarding labor. 4.3.4 Hours. Except as otherwise required for safety or protection of persons or the Work, or adjacent property, and except as otherwise provided in the Contract Documents, all Work at the project site shall be performed Monday through Friday, 8 am to 5 pm. If the Contract Documents specifically required work to be performed beyond normal working hours, weekends or legal holidays, or should the completion time required work to be performed at said times, or should the Contractor, with the Owner's permission, elect to perform work at said times, any additional costs resulting from working at said times are the Contractor's sole responsibility. All work performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to Owner. 4.4 MATERIALS & EQUIPMENT. 4.4.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, services, transportation, and other facilities necessary for the execution and completion of the Work. 4.4.2 Unless otherwise specified, only new, unused materials, equipment and items of recent manufacture, of designated quality, free from defects, will be accepted. All workmanship will be of good quality. Contractor shall, if requested, furnish evidence satisfactory to the Owner as to the kind, quality.. and manufacturer of materials. Owner will be the final authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Contract Documents. 4.4.3 No work defective in construction or quality, or deficient in meeting any requirement of the Contract Documents, Construction Drawings or specifications, will be acceptable regardless of Owner's failure to discover such defects during construction; nor will inspection by the Engineer/Architect relieve Contractor from ensuing the quality of the Work as required by the Contract. No payment, whether partial or final, shall be construed as an acceptance of defective or unacceptable work or improper materials and equipment. 9 FORM GENCON 100914 11/10/2014 11:01:26 am 4.4.4 Approved Materials. Owner's Approved Materials List is found at www.cityofwpb.org/enqineering/ 4.4.5 Samples. Where samples are required, samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into the Work without such review. At least fifteen (15) calendar days shall be allowed for Owner's review. 4.5 SUBSTITUTION. 4.5.1 Substitutions are changes in materials, equipment, methods or sequences of construction, design, structural systems, mechanical, electrical, or other requirements of the drawings or specifications. The naming of a specified product of specific manufacturers for equipment or materials in the specifications or Contract Documents shall be interpreted as establishing a minimum standard of quality and performance. It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified, unless the equipment or materials are specifically designated as not permitting substitution. If Contractor objects to equipment or materials specifically designated as not permitting substitution as not being suitable for the Work, Contractor shall promptly notify Engineer/Architect in writing, absent which, Contractor shall be deemed to accept the suitability of such equipment or materials for the work. Contractor shall provide written justification and explanation of the objections. Upon receipt of a timely objection notice, Engineer/Architect shall review the objection and render a determination to Contractor of whether a substitute will be permitted. 4.5.2 Contractor may make substitutions only with the consent of Owner, after evaluation by the Engineer/Architect, and in accordance with a change order or construction change directive. The burden of proof that such an item offered is equal in all respects to that specified shall be Contractor's- By making.a request for substitution, the Contractor represents: Contractor has investigated the proposed substitute item, material and/or process and determined that it is equal or superior in all respects to that specified, That such item will fit into the space allocated, - That such item affords comparable ease of operation, maintenance and service; - That the appearance, longevity and suitability for the climate are comparable, - That by reason of costs savings, reduced construction time or similar demonstrable benefit, the substitution of such item will be in Owner's interest; - There will be no detrimental impact to the project schedule, - That the Contractor will provide the same or better warranty for the substitute item as the specified item; - That the cost data presented at the time of request for review is complete and includes all related costs under the Contract, including costs for review by design professionals, and Contractor waives all other claims for additional costs related to the substitution that are not presented with the request. 4.5.3 All requests for substitutions shall be in writing, with supporting information, shall be submitted by and at the expense of Contractor. Contractor shall submit drawings, samples, data and additional information as may be required by Owner or Engineer/Architect. At least twenty(20) calendar days shall be allowed for Owner's review. 4.5.4 The above representations do not obligate Owner to consent to the substitution. Owner or its Engineer/Architect shall make the determination as to the acceptability of any substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of the Contract. Contractor shall coordinate the change with all trades and bear the expense for any changes in other parts of the work caused by any substitution. 4.5.5 Contractor may make only two requests for substitution in the same category. Contractor shall be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution requests or in modifying any of the Contract Documents to accommodate the substitution, unless otherwise approved by Owner. 10 FORM GENCON 100914 11/10/2014 11.01.26 am 4.6 QUALITY ASSURANCE 4.6.1 Contractor shall develop, implement and maintain a plan for the Work with quality assurance and management and control of the construction services. Contractor shall maintain a continuous presence at the Work site and an adequate inspection system and perform such inspections as will assure that the Work performed conforms to the requirement of the Contract Documents. 4.6.2 Contractor shall allow the Engineer/Architect full access to the Work for inspection of the Work. When requested by Engineer/Architect, the Contractor shall meet with Engineer/Architect at reasonable times and furnish all information requested. Neither Owner nor Engineer/Architect shall be liable to Contractor for compensation or claims for delay or interference on account of any such meeting, or the supply of information, or tests or inspections. The activities of the Owner and/or the Engineer/Architect in administration of the Contract or in performing tests or inspections shall not relieve the Contractor of its obligations to perform the Work in accordance with the Contract Documents. 4.6.3 Warranty. Contractor warrants to Owner that the Work will conform to the requirements of the Contract Documents and will be free from defects. Work, materials or equipment not conforming to these requirements may be considered defective. Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or subcontractors, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. Warranty by the Contractor shall not be construed.as a waiver by the Owner of any other remedy. 4.7 PERMITS AND FEES. 4.7.1 All permits or licenses necessary for the performance of the Work or required by law or ordinance, including building permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise provided in the Contract Documents. Contractor shall be responsible for all governmental fees, including but not limited to utility fees and connection fees. 4.7.2 Building Construction. For construction of a building, Owner shall be responsible for all City of West Palm Beach construction plan and permit review fees 4.7.3 Surface and Subsurface Water. Contractor shall obtain all permits required from each applicable regulatory agency with respect to the control of surface and subsurface water by Contractor during the work, with copies submitted to Owner, unless otherwise provided for in Supplemental Conditions. 4.7.4 Inspection Fees. Contractor shall be responsible for all inspection fees charged by regulatory/governmental agencies. 4.7.5 Right-of-Way Permit. For street and utility construction and as otherwise applicable, Contractor shall obtain a City of West Palm Beach right-of-way permit for each required road closure. Contractor shall submit detailed Maintenance of Traffic(MOT) plans, signed and sealed by a,professional engineer, for each phase. of the Work. During the times Contractor is working in the project area Contractor shall utilize flagmen, traffic control devices and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans shall be reviewed and approved by Owner prior to implementation of work by Contractor. Contractor shall not close or obstruct any highway, road or other property until the necessary permits have been obtained. 4.7.6 Contractor shall immediately remedy any permit violations and shall be responsible for any damages, remediation, fines or penalties assessed by such agencies for permit violations. 11 FORM GENCON 100914 11/10/2014 11.01.26 am 4.8 NOTICE TO PROCEED, SCHEDULE; DELAYS 4.8.1 Notice to Proceed. Contract times will commence to run on the date indicated in the Notice to Proceed issued by Owner, unless otherwise provided in the Contract Documents. 4.8.2 Commencement of Work. If a performance/payment bond(s) or public construction bond is required by the Contract Documents, Contractor may not commence any Work until Contractor has, provided Owner with a certified copy of the performance/payment bond(s) evidencing that such bond(s) have been recorded with the Clerk of the Court in the Public Records of Palm Beach County. 4.8.3 Proiect Schedule. Within ten (10) calendar days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the Owner and to Engineer/Architect, for review and approval, a project schedule utilizing the Critical Path Method (CPM) graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The construction schedule shall be complete in all respects, covering approvals, mobilization and demobilization, construction and Owner occupancy, in addition to activities and interfaces with other contractors at the work site, offsite activities such as design, fabrication, allowance for weather delays (if appropriate), submittals, procurement and jobsite delivery of Contractor furnished material and equipment, and shall have a completion date that corresponds to the Contract Documents. By executing the Contract, Contractor confirms that it is capable of properly completing the Work within the completion date set forth in the Contract Documents. The time limit for the completion of the work as described in the Contract Documents is of the essence of the Contract. 4.8.4 Contractor shall take all actions necessary to remain on schedule, at Contractor's sole cost and expense, including but not limited to: 1. Increase manpower as necessary to eliminate work backlog. 2. Increase the number of working hours per shift, shifts per working day, working days per week, construction equipment, or any combination of the foregoing to recover the schedule. 3. Reschedule the work in conformance with specification requirements. 4.8.5 Testing & Inspections. Contractor must provide a minimum of five(5) calendar days prior notice for specified testing or inspections that are to be performed by Owner or separate contractors. Such notice, testing and inspections shall be included in the Contractor's schedule. 4.8:6 Monthly Construction Schedule. For Projects with schedules exceeding 160 calendar days, .or where required by the Contract Documents for shorter duration projects, at the end of each calendar month, Contractor shall prepare a separate construction schedule, formatted to fit in a three-ring binder, to show-the actual progress of the Work performed and the occurrence of all events which have affected the progress of performance of the Work already performed or will affect the progress of the performance of the Work yet to be performed, in contrast with the CPM schedule and planned progress of performance of such Work. Each such schedule shall be submitted to the Owner and Engineer/Architect. Failure of the Contractor to prepare and submit the monthly construction schedule(s) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be sufficient cause to terminate the Contract or to withhold payment to the Contractor until a current monthly schedule is submitted. 4.8.7 Notice of Delay. The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and Engineer/Architect of the delay, in writing, within five (5) calendar days of a commencement of delay or knowledge of a potential delay. The monthly construction schedule does not constitute notice of delay. A breach and default of contract shall result from Contractor's failure to provide the Owner and Engineer/Architect with notice of the delay and failure to take all remedial actions available to recover the project schedule. 12 FORM GENCON 100914 11/10/2014 11:01:26 am 4.8.8 Delay. A. Contractor shall not be entitled to an adjustment in contract time or contract price for delays within the control of, or reasonably foreseeable by, Contractor. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of Contractor. B. Contractor may request an extension of time to the project schedule if Contractor is delayed in the progress of the Work due to causes beyond the control of Contractor and not reasonably foreseeable, including but not limited to, fire, flood, epidemic, terrorist acts, abnormal weather conditions, acts of God, delays of utility owners, any act or neglect of Owner, or by any separate contractor employed by Owner or by any changes ordered in the Work. Abnormal weather conditions are a substantial variation from seasonal average weather conditions occurring for a significant period of time and operations were necessarily affected. Contractor shall support a claim of abnormal weather conditions with local US Weather Bureau climatological report for the period involved plus a report indicating the average weather conditions for the past 10 years from the nearest reporting station. C. Contract time will not be adjusted for delay in delivery where the delivery was not properly scheduled or an order was not placed at an appropriate time to allow delivery or an order was improperly placed. D. No time extension will be granted for delays resulting from improper scheduling of Contractor's forces or those of separate subcontractors. E. No time extension will be granted to delays from failure to have shop drawings or samples submitted to the Engineer/Architect in ample time for a review, or from failure to schedule inspections or testing. F. Delays caused by subcontractors will be considered for time extensions only under the same conditions applicable to Contractor. 4.8.9 Extension of Time. The project schedule may only be changed by an executed Change Order. In the event of a claim of delay in the work, by causes beyond Contractor's control and which could not reasonably be foreseen, Contractor must request an extension of the contract completion date in writing and must provide the following information to Engineer/Architect and Owner within five (5) calendar days of commencement of the delay: 1. Confirmation whether all schedule updates, submittals and other conditions of the Contract have been met; 2. Affirmative representation that the delay is beyond the control of Contractor and subcontractors and due to no direct or indirect fault of Contractor. Contractor shall include all documentation to justify the delay. 3. Nature of the delay. 4. Dates of commencement/anticipated end of delay. 5. Evidence that the delayed work results in a direct delay to the schedule critical path. 6. List of tasks/work affected by the delay. 7. Anticipated extent of delay. 8. Remedial actions taken to get back on schedule. 9. Recommended action to minimize delay. 10. Confirmation that Contractor has used all the float time available for the work involved in the delay request. 11. Such other supporting information as requested by Owner or Engineer/Architect. Contractor acknowledges that the evaluation of time extensions will be based on the above information. Owner will not consider a claim for time extension which does not comply with the preceding requirements. 4.8.10 If Owner approves a Change Order extending the Contract time, such extension of Contract time shall extends the project construction schedule and completion date and substantial completion date for such reasonable time as Owner shall determine in the Change Order. 13 FORM GENCON 100914 11/10/2014 11.01.26 am 4.8.11 Contractor agrees to complete the Work and project in accordance with the agreed construction schedule, as amended by any approved and duly executed Change Orders. 4.8.12 Waiver. Contractor agrees that failure to timely request a time extension constitutes a waiver by Contractor of such claim for time extension. 4.8.13 Float. Neither the Owner nor the Contractor shall be considered to own the schedule "float"time. 4.8.14 No Damages for Delay; Exclusive Remedy. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims(hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner, Engineer, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, remobilization or demobilization costs, subcontractor delay claims, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the work,whether such delay is avoidable or unavoidable. 4.9 SURVEY: LINES, GRADES, LEVELS AND DIMENSIONS 4.9.1 The Contractor shall locate and lay out all work from datum and dimension points given on the Construction Drawings. Contractor shall establish and verify lines and grades, levels, elevations and dimensions, as required. Contractor shall take measurements and verify dimensions of existing and new work. Contractor is responsible for the preservation of all lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor or any of its subcontractors move or destroy or render inaccurate any such lines, points and elevations. The Contractor shall provide five (5) calendar days written notice to the Engineer/Architect as to its needs for lines, levels, elevations or dimensions. 4.9.2 If the Contractor, in the course of the work finds any discrepancy between the Construction Drawings and the physical conditions'of the site, or any errors or omissions in the specifications or in the layout as given, Contractor shall immediately inform the Engineer/Architect and the Owner, in writing, and the Engineer/Architect will review the same and provide corrective instructions, if any are necessary. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 4.9.3 Survey. Where applicable to the Work, and unless otherwise specified, the Engineer/Architect shall furnish all land survey control points, base lines and benchmarks for the location of the Work. The Contractor shall be responsible for any necessary surveying services, including construction layout and final project record drawings. All survey work shall be performed by an independent, third party surveyor licensed to practice in the State of Florida, hired by Contractor and surveys shall be signed and sealed. All elevations shall be based on State Plane Coordinates NGVD-29. 4.9.4 For street, utility and other horizontal construction, where Contractor-supplied drawings are required for planning or performance of the Work, such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as field connections for installation. Such drawings shall be submitted by and at the expense of Contractor. At least fifteen (15) calendar days shall be allowed for review by Owner. If drawings show variations from the Contract requirements, the Contractor shall describe such variations in writing at the time of submission. Review and permission to proceed by Owner does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials developed or selected by the Contractor and does not relieve Contractor from full compliance with the Contract Documents. 14 FORM GENCON 100914 r 11/10/2014 11:01:26 am 4.10 RECORD DOCUMENTS. 4.10.1 Record Set. The Contractor shall maintain at the work site one (1) copy of all permitted Construction Drawings and specifications, marked and kept current, to indicate all field changes, and selections made during construction. Contractor shall at all times give the Owner, the Engineer/Architect and all trades performing at the project, access thereto. The record set shall include: a. Construction Drawings b. Specifications c. Addenda d. Change orders and other modifications to the Contract e.Approved shop drawings, product data, and samples f. Permits 4.10.2 The Record set and As-Built Construction Drawings shall neatly, correctly and accurately show all changes made during construction from the Contract Documents and shall reflect surveyed information.The indicated revisions shall be neat and legible. 4.10.3 Final As-Built Documents. Prior to final inspection, Contractor shall provide Owner with "Record" or final "as-built"Construction Drawings and specifications, including all documents listed above, and which comply with the following requirements: - One complete set of mylar or paper marked-up as-built construction drawings with "RECORD". or"AS BUILT" clearly printed on each sheet and signed by Contractor; -One complete paper set of marked-up specifications with "RECORD" or "AS-BUILT" clearly printed on the cover. - One electronic copy of all documents, signed and sealed drawings and specifications in ".pdf' format; - As-built survey, where applicable, prepared by an independent third party land surveyor registered with the State of Florida on State Plane Coordinates certifying the elevation and location of improvements, - For street, utility and other horizontal construction, certified drawings showing horizontal and vertical locations, lines and grade of buried pipe line(s) four (4) inches or larger in diameter and exterior to buildings, and other buried facilities (e.g. valves, tanks, vaults, storm inlets, ducts, etc.) installed or discovered as a result of the Work and which comply with Owner's Final Record Drawing Requirements found at www.cityofwpb.org/engineering/. - For street, utility and other outdoor horizontal construction, certified drawings showing building corners, sidewalks, paved areas and the location of all above ground structures within the project site. - A list of each piece of equipment incorporated into the Work having an individual value of$500 or greater. The list shall include, at a minimum, manufacturer, make and model number, catalog number, supplier, quantity installed, and value of equipment, and operation and maintenance manuals and warranties where appropriate for such equipment. 4.10.4 Final pay request and connections to any existing utility main will not be approved until final as-built drawings are reviewed and accepted by Engineer/Architect. 4.11 WORK SITE 4.11.1 Access. Contractor's access to the site and storage areas shall be as shown on the Construction Drawings and as designated,by the Owner. Access routes may also be used by Owner and its employees and other contractors. No other access points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel. The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic. In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to which the work is to be done, Contractor shall comply with all such conditions or restrictions. Any delay in the furnishing of 15 FORM GENCON 100914 11/10/2014 11.01.26 am these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. 4.11.2 Owner Access. Owner, and its duly authorized employees, the Engineer/Architect, and representatives of all governmental agencies having jurisdiction over Work areas or any part thereof, shall, at all reasonable times, have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner and Engineer/Architect to have access at all reasonable times to all places where equipment or materials are being manufactured, produced or fabricated for use under the Contract. 4.11.3 Contractor Area; Staging Area: Storage. Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its office, storage, assembly, equipment and parking, as appropriate, to the areas so assigned. The Contractor shall identify, at the pre-construction meeting, proposed locations for secure storage areas for materials, equipment, employee and subcontractor parking, and, where applicable, staging areas, construction trailers, etc. The use of private property shall be at the cost of the Contractor. Contractor shall provide evidence of the property owner's agreement to use said property to the Owner. As a condition of final payment, Contractor shall provide Owner with written release from the property owner advising that the property owner has no claims against Contractor arising out of Contractor's use of the private property. 4.11.4 Delivery Unloading & Storage. Contractor shall, at its expense, receive, unload, and store in a secure place, all materials, plant and equipment required for the performance of the Contract. Any material and equipment to be stored outside which are subject to degradation.by outside exposure shall be stored in a weather-tight enclosure provided by Contractor at its expense. Where necessary, . delivery of materials, plant or equipment from off-site storage to the work site shall be at Contractor's expense. 4.11.5 Utilities. Unless otherwise provided in the Contract Documents, Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas, including, but not limited to: construction power, water as required throughout construction, and telephone service, if needed. Prior to final acceptance of the work;Contractor shall, at its expense, remove all temporary utilities. 4.11.6 Sanitary Facilities. Where required by the work site, Contractor shall provide and maintain daily adequate sanitary facilities for the use by the Contractor's labor force. 4.11.7 Fire Protection. All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. Contractor shall provide portable fire extinguishers, properly labeled, located and compatible with the hazard of each work area and shall instruct personnel in their use. 4.11.8 Illumination. When required, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on satisfactorily and safely. 4.11.9 Dust Control. Contractor shall, at its expense, take measures to minimize the amount of dust created by construction activities. For street, utility and other horizontal construction, this requirement applies to all excavations, roads, plant sites, borrow areas and all other work areas. Code- required or industry-accepted methods of dust control suitable for the area involved and approved by Owner will be permitted. 4.11.10 Noise Control. The Contractor shall make every effort to minimize noises caused by . Contractor's operations. Equipment shall be equipped with silencers or mufflers designed to operate with . the least possible noise in compliance with Federal, State and local laws and regulations. 4.11.11 Pollution Control. Contractor shall, at its expense, perform its Work so as not to discharge from any source into the atmosphere, or any body of water, or the ground or groundwater, any source, smoke, dust or other contaminants in violation of the federal, state, and local pollution laws, rules, regulations and orders (collectively, the "discharge law"). Contractor shall, at its expense, provide 16 FORM GENCON 100914 11/10/2014 11.01.26 am suitable facilities to prevent any such discharges. In the event of a discharge which results in contamination of the site or adjacent properties, Contractor shall immediately notify Owner and the appropriate governmental authority and shall take whatever action is necessary, required by discharge law or desirable to remediate the contamination at Contractor's sole expense. Contractor shall pay all fines, penalties and damages resulting from any such discharges. Contractor shall indemnify and hold harmless Owner from any expense, fine, penalty, obligation, action or liability resulting from such discharge and remedial actions. 4.11.12 Existing Utilities and Substructures. For street, utility and other horizontal construction, Contractor shall be responsible for locating existing utilities and facilities prior to commencement of work. Contractor shall contact all utility companies and call SUNSHINE at (800) 432-4770 at least 48 hours prior to commencement of construction work, so utilities can locate and protect facilities, if required by the utility company. 4.11.13 Florida Lumber. Whenever available, Contractor shall use lumber, timber and other forest products produced and manufactured in Florida provided the price, fitness and quality of such products are equal to substitute products. (F.S. 255.20(3)). 4.11.14 Cutting and Patching. Contractor is responsible for all cutting, drilling, patching, fastening or anchoring of all new and existing construction required to complete the Work. Contractor shall not damage any portion of the Work or existing construction or work of other contractors except with the written consent of Owner and any separate contractor. Contractor shall restore all area to the conditions existing prior to the cutting, drilling, patching, fastening or anchoring, unless otherwise required by the Contract Documents. 4.11.15 Cleaning Up. Upon completion of any portion of the Work, Contractor shall remove at its own expense from Owner's property all temporary structures, equipment and surplus materials not required for later stages of work, rubbish, and waste materials resulting from its operations. Contractor shall clean the site and shall remove stains, spills and other foreign deposits. Contractor shall not burn waste materials at the site, shall not bury debris or excess materials and shall not discharge volatile or other harmful or dangerous materials into the environment. Contractor shall remove temporary protection devices unless otherwise directed by Owner. For street, utility or other horizontal construction, Contractor shall sweep paved areas and rake clean landscaped areas. Any costs incurred by Owner as a result of Contractor's failure to clean up shall be deducted from the contract price. 4.11.16 Debris Disposal. All debris shall be legally disposed of at licensed disposal site(s). Contractor shall make its own arrangements, at its own cost, for the lawful disposal of rubbish and waste materials. If requested by Owner, Contractor shall provide evidence of proper disposal. 4.11.17 Salvage. Owner reserves the right to retain any surplus or salvage materials. Contractor shall store or re-locate any materials to be retained by Owner as directed by Owner. 4.11.18 Water Catchment Area. The City is the owner of the Water Catchment Area located in Palm Beach County, Florida (the "Water Catchment Area"). The Water Catchment Area serves as a natural surface water supply source for the City of West Palm Beach and has been designated as a Class I potable water supply pursuant to the Special Laws of the Florida Legislature, Ch. 67-2169, as amended, and is protected by State and Federal laws. Grassy Waters Preserve and the M-Canal are part of the City's Water Catchment Area. If the work site is within the Water Catchment Area, Contractor's work an activities in the Water Catchment Area shall in no way be inconsistent with the Special Act or the laws and regulations governing water supply sources. 4.12 PROTECTION OF THE WORK AND PROPERTY. 4.12.1 The Contractor shall be solely responsible for initiating and continuously maintaining adequate protection of all work from damage, loss, theft or damage from whatever cause, and shall take all reasonable precautions to protect the property of the Owner and third parties from damage, theft, 17 FORM GENCON 100914 l 11/10/2014 11:01:26 am injury or loss arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with respect to prevention of damage. 4.12.2 Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to Owner within three(3) calendar days of each incident. 4.12.3 For street, utility and other horizontal construction, Contractor shall preserve and protect all cultivated.and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the site, which, as determined by Owner, do not reasonably interfere with the performance of the Work. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in as good condition as it was prior to beginning of the Contract. Where practical, Contractor shall erect a temporary fence around the work site. 4.12.4 For street, utility and other horizontal construction, existing utilities and facilities shall be located prior to commencement of Work. Contractor shall video tape the existing surface conditions of the Work site and adjacent areas before commencing Work, after each discrete portion of the Work and when project is complete. Contractor shall submit two (2) copies of the video tape to the Engineer/Architect prior to submittal for final payment. 4.12.5. Risk of Loss. Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner, the Contractor shall have full and complete charge and shall bear all risk of loss of, and injury or damage to, the Work performed under this Contract, or any portion thereof, including materials and equipment, and Owner-furnished supplies and equipment, from any cause whatsoever. Contractor shall rebuild, repair, restore and make good any damages, injury, or loss to the work and to the property of the Owner or third parties, except such as may be directly due to errors in the Contract Documents which the Contractor could not have discovered through due diligence, or caused by agents or employees of the Owner, unless such loss or damage would be covered by any policy of insurance maintained by the Contractor. All costs in connection with any repairs or restoration necessary or required as a result of damage shall be borne by Contractor. 4.13 CONCEALED OR UNKNOWN CONDITIONS. 4.13.1 If Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents, or(2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, or(3)are not observable prior to bidding or inferable by the type of construction, the Contractor shall promptly provide written notice to the Owner and Engineer/Architect before conditions are disturbed, and in no event more than three (3) calendar days after first observance of the_conditions. The Engineer/Architect will promptly investigate such conditions and, if the Engineer/Architect determines that the conditions are a material difference which will cause an increase or decrease in the Contractor's costs or time required for performance of the Work, will recommend an equitable adjustment in the contract price or contract time, or both. Any such recommended adjustment must be approved by Owner through issuance of a Change Order to be effective. If the Engineer/Architect determines that the conditions do not materially differ from those indicated in the Contract Documents, or that no equitable adjustment is justified, the Engineer/Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Engineer/Architect's determination or recommendation, that party may proceed to mediation as provided in GC 17.7; however, the parties shall mutually agree on an independent third party professional engineer to serve as mediator. 4.13.2 Contractor shall not be entitled to any adjustment in the contract price or contract time if Contractor knew of the existence of such conditions at the time of submission of a bid or becoming bound under the Contract; or the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation or test of the site by Contractor, as indicated in the 18 FORM GENCON 100914 11/10/2014 11.01.26 am Contract Documents, prior to making such commitment; or Contractor failed to give written notice as provided in GC 17.1. 4.13.3 If, in the course of the Work, Contractor encounters human remains or recognizes the existence of burial markers or archaeological sites not indicated in the Contract Documents, the Contractor shall immediately suspend any Work that would affect the remains or sites and shall notify the Owner and Engineer/Architect. The Owner shall take any action necessary to obtain the authorization required to resume Work. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner, but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the contract price or contract schedule arising from the existence of such remains or features may be made as provided in GC 8.2. 4.14 SAFETY 4.14.1 Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner, Contractor shall.take,all necessary precautions for the protection of all persons involved in the Work, the public, and all employees or representatives of Owner. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor will provide to each worker on the job site the proper safety equipment for the duties being performed by the worker and will not permit any worker on the job site who fails or refuses to use the safety equipment. All work and all equipment, machinery, materials and tools shall be in compliance with and conform to all applicable laws, ordinance, rules and regulations. 4.14.2 For Work impacting streets and public rights-of-way, Contractor shall provide and maintain flagmen, traffic control devices, barricades, signs and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans shall be reviewed and approved by Owner. 4.14.3 If Owner or Engineer/Architect observe an unsafe or hazardous condition at.the Work site, such hazard or safety condition shall be brought to the Contractor's attention. Contractor shall stop Work until such hazard or safety condition is remedied byContractor. 4.14.4 Hurricane Plan. If any Work is to be performed during hurricane season, Contractor shall provide Owner with Contractor's hurricane plan prior to the commencement of any Work. The hurricane plan shall describe the actions to be taken to secure the work site(s) in the event a named tropical storm or hurricane is predicted to affect the project work area. Contractor shall abide by Owner's requirements, Required Storm Preparation Process,found at www.cityofwpb.org/engineering/. 4.14.5 Explosives and Hazardous Materials. Contractor shall obtain all required federal, state and local permits and licenses and shall be responsible for the safe and proper handling, transportation, storage and use of any explosive or hazardous material brought onto or encountered within the site. The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered on the site. Contractor shall maintain and post as necessary, Material Hazard Data Sheets for all applicable hazardous materials used in the course of the Work. In the event that hazardous material is improperly handled or stored by the Contractor or its sub-contractors, which results in contamination of the site, Contractor shall immediately notify the Owner and the appropriate governmental authority and shall take whatever action is necessary, required by law, regulation or order, or desirable to remediate the contamination at the Contractor's sole cost and expense. Contractor shall indemnify and hold harmless the Owner from any expense, fine, penalty or obligation, action or liability resulting from such contamination and remedial actions. 4.15 . PROGRESS; REPORTING 4.15.1 Weekly Reporting: Copies of all daily reports prepared by the Contractor and his subcontractors shall be submitted to the Owner on a weekly basis for the preceding seven (7) calendar days. 19 FORM GENCON 100914 11/10/2014 11:01:26 am 4.15.2 Bi-Weekly Reporting: Contractor shall be required to submit to Owner, on a bi-weekly basis, two (2) copies of 8 1/2"x 11" color photographs indicating the progress of the Work over the preceding fourteen (14)days and identifying the dates that the Work shown was performed. 4.15.3 Progress Meetings. The Contractor shall, at its expense, attend any and all meetings called by the Owner to discuss the Work under the Contract. The Owner, or its Engineer/Architect, will distribute typed minutes of each meeting to all attendees. Failure of Contractor to promptly object to the typed minutes shall constitute Contractor's agreement with the content of the typed minutes. 4.15.4 If at any time Contractor's actual progress is inadequate to meet the completion time requirements of the Contract and this lack of progress is the sole fault of the Contractor, Owner may so notify Contractor who shall thereupon, at its expense,take such steps as may be necessary to improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion with the times scheduled and Contractor fails to take reasonable actions to timely cure, Owner may declare a default of the Contract. 4.16 SHOP DRAWINGS, SAMPLES AND SUBMITTALS 4.16.1 Contractor shall prepare and keep current for Engineer/Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and .allows the Engineer/Architect reasonable time to review submittals. 4.16.2 Contractor shall approve and submit to the Engineer/Architect those shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of separate contractors. Contractor shall perform no portion of the Work for which shop drawings, product data, samples or other submittals are required by the Contract Documents until such submittal has been reviewed and approved by Engineer/Architect. 4.16.3 Contractor represents by submitting the shop drawings, product data, samples, and similar submittals that Contractor has reviewed them for conformance to the Contract Documents, and verified the materials, measurements and field criteria related thereto. 4.16.4 Contractor shall not be relieved of responsibility for conformance to the Contract Documents by Engineer/Architect's approval of show drawings, product data, samples or similar submittal, unless Contractor has specifically informed Engineer/Architect of such variance or deviation at the time of submittal and either: (i) the Engineer/Architect has given written approval of the specific deviation as a minor change in the Work-, or (ii) a Change Order or Constructive Change Directive authorizing the deviation has been issued. Engineer/Architect's approval does not relieve Contractor of responsibility for errors or omissions in shop drawings, product data, samples or similar submittals. 4.16.5 Contractor shall make any corrections to the submittal required by Engineer/Architect and shall resubmit revised submittals for review. Contractor shall direct specific attention, in writing, to any revisions other than the corrections called for by Engineer/Architect on previous submittals. In the absence of such written notice, Engineer/Architect's approval does not apply to such unidentified revisions. GC 5 INSPECTION &TESTING 5.1 INSPECTION. 5.1.1 Access for Inspection. Owner, Engineer/Architect and their representatives shall at all times have access to the Work whenever it is in preparation or progress. Contractor shall give the Engineer/Architect timely notice of its readiness for inspection when the Contract Documents or . 20 FORM GENCON 100914 11110/2014 11.01.26 am applicable laws, ordinances, or any public regulatory entity require any Work to be inspected by the Ehgineer/Architect. 5.1.2 Regulatory Inspection by City. Should Contractor require inspection by City staff, in its regulatory capacity, on days the City is closed for regular business or after 3:30 pm on regular work days, Contractor shall be required to reimburse the City for staff overtime or additional costs. 5.2 TESTING. 5.2.1 If the Contract Documents or applicable laws, ordinances, or any public regulatory entity require any Work to be specially tested or approved, Contractor shall make arrangements for such tests or inspections with an independent testing laboratory or entity acceptable to Owner and shall give the Engineer/Architect timely notice of the date fixed for such testing. Contractor shall be responsible for all costs of testing, inspections and approvals. Tests and inspections shall be made promptly to avoid delays in the Work. 5.2.2 Unless otherwise provided in the Contract Documents, shop testing of material, equipment or Work shall be performed by Contractor at its expense and in accordance with the technical specifications. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary to permit tests to be performed on materials or work in place, including reasonable stoppage of Work during testing. 5.2.3 If any Work should be covered up prior to any required inspection or test by Owner or Engineer/Architect, it must be uncovered for inspection and properly restored at Contractor's expense. If any Work not required to be inspected or tested is covered up and Engineer/Architect specifically requests to inspect such Work, Contractor shall uncover such Work. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be at Owner's expense, by appropriate Change Order. If such Work is not in accordance with the Contract Documents, the costs of uncovering and correction shall be at Contractor's expense. 5.2.4 Should tests in addition to those required by the Contract Documents be desired by Owner, Contractor will be advised in reasonable time to permit such additional testing at Owner's expense, unless additional tests are required due to Contractor's Work or materials having failed any initial test. 5.3. If inspection or testing reveal failure of portions of the Work to comply with the Contract Documents or applicable laws, all costs as a result of such failure, including those of repeated testings and compensation for Engineer/Architect's services and expenses shall be at Contractor's expense. 5.4 Required certificates of testing, inspection or approval shall be secured by Contractor and delivered promptly to Engineer/Architect, unless otherwise provided by the Contract Documents. GC 6 CORRECTION OF WORK 6.1 DEFECTIVE MATERIAL, EQUIPMENT OR WORKMANSHIP. If any material, equipment or workmanship is determined by Owner or Arch itect/Engineer, either during performance of the Work, during final inspection or during the warranty period, to be defective or not in compliance with the Contract Documents, Owner shall notify Contractor in writing that such material, equipment or Work is rejected and Owner reserves the right to withhold payment on any such item_ Contractor shall commence correction of the Work within seven (7) calendar days of written notice by Owner. Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or Work by making the same strictly comply with all requirements of the Contract Documents. All costs of correcting such rejected Work, including additional testing and inspections, uncovering and replacing, and compensation for Engineer/Architect's services and expenses, material, equipment, clean up', debris removal, and safety precautions, shall be at Contractor's expense. If correction of the Work requires 21 FORM GENCON 100914 11/10/2014 11:01:26 am damaging work completed by other contractors, Contractor shall be responsible for the costs to replace such work. 6.2 WARRANTY. Contractor further agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. Owner or Engineer/Architect shall provide Contractor with written notice of non-conformance. If Contractor fails to correct non-conforming Work within a reasonable time after receipt of notice, the Owner may correct the Work. 6.3 ACCEPTANCE OF NON-CONFORMING WORK. If Owner deems it inexpedient to correct Work that has been damaged or that was not performed in accordance with the Contract Documents, Owner may accept such non-confirming work and an equitable deduction from the contract price shall be made for such work. Contractor shall warrant the accepted but non-conforming work in accordance with GC 6.2. 6.4 The Contract Documents and the obligation of Contractor to perform corrective Work survive final completion of the Work and final payment. 6.5 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK. If Contractor should neglect to prosecute the Work diligently in accordance with the Contract Documents, or fail to correct defective or nonconforming Work, or fail to perform any provisions of the Contract Documents, Owner may, after ten (10)calendar days written notice to Contractor and opportunity to cure, make good these deficiencies and may deduct the cost thereof from payment due Contractor. A deductive Change Order shall be issued for the Owner's reasonable costs of correcting or completing the Work, including Owner's expenses and compensation for Engineer/Architect's services and expenses. The Change Order amount shall be subject to review and approval by Engineer/Architect. If payments due to Contractor are not sufficient to cover the Change Order, Contractor shall pay the difference to Owner. Owner's correction of the Work and acceptance of a deductive Change Order shall be without prejudice to any other remedies Owner may have. GC 7 WORK BY OTHERS AT SITE 7.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contract in connection with other portion of the Project or other construction or operations on the site. 7.2 Where the Owner is utilizing its own forces or multiple contracts for the Project, Contractor shall provide reasonable advance notice to Owner and other contractors regarding the Project Schedule and the portions for work to be performed by them. Contractor shall coordinate its construction and operations with Owners and other contractors performing work on the Project. 7.3 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer/Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 7.4 Contractor shall reimburse the Owner for costs incurred by Owner payable t a separate contractor because of Contractor's delays, improperly timed activities, damage to the other contractor's work or defective construction. Owner shall be responsible to Contractor for costs incurred by Contractor because of a separate contractor's delays improperly timed activities, damage to Work or defective construction. FORM GENCON 100914 11/10/2014 11:01:26 am 7.5 If a dispute arises among Contractor and other contractors on site as to the responsibility to maintain the premises, correct work, clean up or take any other action, Owner may take the necessary action and Engineer/Architect will assess the costs to those deemed responsible by Engineer/Architect. GC 8 CHANGES IN THE WORK 8.1 Owner, without invalidating the Contract Documents may order written additions to or deductions from the Work,the contract price being adjusted accordingly. 8.2 REQUEST FOR CHANGE ORDER. If Contractor believes that a variation or change justifies a modification in the contract price, Contractor may submit a request for Change Order at its expense. If a request for Change Order is made, Contractor is not authorized to vary the Work unless a written Change Order is executed by Owner or written Construction Change Directive is issued by the Engineer/Architect and executed by Owner. No Change Order shall be valid unless executed by the authorized signatory of Owner. 8.3 NOTICE TO ENGINEER/ARCHITECT. Contractor shall notify the Engineer/Architect in writing within seven (7)calendar days of any occurrence which, in the opinion of Contractor, entitles it to claim an adjustment of the Contract price or a time extension, absent which notice, Contractor shall have waived such claim. The Engineer/Architect will provide a response to Contractor and Owner with respect to a request for change order within a reasonable amount of time after receipt of Contractor's notice and all necessary backup information required by Engineer/Architect to formulate a response. 8.4 The Engineer/Architect shall not be authorized to bind Owner to change in contract price or contract time. 8.5 CHANGE ORDER. 8.5.1. Execution of any change order by the parties shall constitute a final settlement and release by Contractor of all matters relating to the claim or change in the Work which is the subject of the change order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the contract price and the contract time. 8.5.2 Any change order approved due to price change in materials shall not include a premium, profit or any other additional cost. 8.5.3 A bond rider from the surety shall be submitted to the Owner with each change order that increases the contract price. 8.5.4 The number of change orders to the Contract submitted by Contractor may be considered by Owner in considering other subsequent bids submitted by Contractor. Excessive change orders. may also result in suspension from the Owner's future procurements. The determination of excessiveness shall be made solely by Owner considering the scope of work, schedule of bid items, contract price, unforeseen circumstances, and reasons for any change orders. 8.6 CONSTRUCTIVE CHANGE DIRECTIVE. If a change order is not yet approved or cannot be agreed upon, Contractor is authorized, upon issuance of a written construction change directive (CDD) prepared by the Engineer/Architect and approved by Owner, to proceed with such change. If a construction change directive provides for an adjustment to the contract price, the adjustment shall be calculated as follows: - Unit prices as stated in the Contract Documents - Labor at the prevailing hourly basic rates plus applicable multipliers for overtime, weekend and holidays, plus applicable taxes. Mark up on labor is not permitted. Labor shall not include supervision above the project manager. 23 FORM GENCON 100914 11/10/2014 11:01:26 am - Net actual costs of materials including sales tax. - Rental costs of machinery and equipment, excepting hand tools, including fuel. - Reasonable overhead and profit, not exceeding fifteen percent (15%) inclusive of bond rider, permits, insurance, overhead and profit, supervision and general conditions. Or by mutual acceptance of a lump sum properly itemized and supported; Upon approval by Engineer/Architect and Owner as to any adjustments to the contract price and/or contract time for changes performed under a CDD,'such approval shall be recorded by the preparation of a Change Order. Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a Change Order. Each CDD shall have a separate change order. 8.7 Commencing Work without a written change order or Construction Change Directive executed by Owner in advance of commencement of work waives any claim by Contractor to an adiustment to the contract price and the contract time. 8.8 MINOR CHANGES IN WORK. Engineer/Architect shall have the authority to order minor changes in the Work, by written direction to Contractor, which do not involve adjustment to the contract price or contract time and which are not inconsistent with the intent of the Contract Documents. A subsequent Change Order shall be executed. 8.9 OWNER'S RIGHT. The Owner reserves the right to perform the requested changes in the Work with its own forces, or to contract with others to perform the changes. GC 9 COMPLETION 9.1 REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION. When Contractor considers the Work to be substantially complete, Contractor will submit to Engineer/Architect, the following items which shall be completed as a condition precedent to Substantial Completion and prior to notice by Contractor of Substantial Completion: A. All general construction completed and the project components shall be clean and all systems fully functional. B. All mechanical and electrical work substantially complete, fixtures in place, connected, cleaned,.fully functional and ready for use. C. All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled. D. Project site shall be cleared of Contractor's excess equipment and/or supplies and material. E. Record drawings and specifications meeting the Owner's requirements shall be delivered to Engineer/Architect. The above are also conditions for Final Completion. 9.2 NOTICE. Contractor shall notice Owner and Engineer/Architect when Contractor considers the Work, or a portion thereof which Owner agrees to accept separately, is substantially complete and shall request an inspection. 9.3 SUBSTANTIAL COMPLETION. 9.3.1 If after inspection, the Engineer/Architect finds that the Work is substantially complete, Engineer/Architect shall issue to Owner and Contractor a Certificate of Substantial Completion that shall establish the date of Substantial Completion.. 24 FORM GENCON 100914 11/10/2014 11:01:26 am 9.3.2 If Substantial Completion is not obtained at the inspection called by Contractor, for reasons which are the fault of Contractor, any additional cost to Owner for the Engineer/Architect for any subsequent inspections for the purpose of determining Substantial Completion shall be the responsibility and expense of Contractor and shall be assessed against the final payment application. 9.4 INSPECTION AND PUNCH LIST. Within three (3) calendar days of Substantial Completion as determined by Engineer/Architect and Owner, a walkthrough with Contractor shall be scheduled. i. The purpose of this walkthrough is to develop a joint final punch list of items necessary to complete the Work. ii. Said punch list shall be prepared, signed by Engineer/Architect and Owner and delivered to Contractor not later than. three (3) calendar days after the walkthrough. Engineer/Architect and Owner shall separately list each item of the punch list required for Final Completion. iii. Any dispute over punch list items shall be mediated between Owner and Contractor with Engineer/Architect acting as mediator to develop an agreed punch list signed by Owner, Contractor and Engineer/Architect no later than nine (9) days from the date of the walkthrough. iv. Agreed punch list items shall be corrected and a final inspection requested by Contractor within thirty (30) days from delivery of the agreed punch list, unless a greater time is provided in the contract. All agreed punch list items shall be corrected by Contractor prior to any request for final inspection and acceptance. If the Contract provides for a multi-phased or multi-structure project, a punch list may be developed for each phase or structure. V. In no event may the Contractor request payment of final retainage under Florida Statutes §218.735(7)(e)until the Contractor considers the final punch list to be 100% complete. vi. Contractor acknowledges and agrees that no item contained on the final punch list shall be considered a warranty item until such time as (a) the final punch list is 100% complete, and (b) Owner has been able to operate or utilize the affected punch list item for an additional period of fifteen (15)calendar days. vii. Contractor acknowledges and agrees that Engineer/Architect as representative of Owner 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 Engineer/Architect generated lists prior to Substantial Completion is to attempt to streamline the punch list process upon achieving Substantial Completion, and to allow for the Contractor to address needed areas of corrective work as they may be observed by Engineer/Architect during performance of the Work. viii. Contractor acknowledges and agrees that in calculating 150% of the amount which may be withheld by Owner as to any final punch list item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(e), Owner 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 punch list 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 punch list completion. 25 FORM GENCON 100914 11/10/2014 11:01:26 am ix. The failure to include any Work or pending items not yet completed on the punch list does not alter the responsibility of the Contractor to complete all the construction services and Work purchased under the Contract. 9.5. PUNCH LIST RETAINAGE. Following delivery of the punch list, Contractor shall list the estimated cost of completing each item each item of the punch list required for final completion, and submit the list of estimated costs to Owner for Owner's review and determination. Owner may retain a sum equal to 150% of the estimated cost of correcting and completing the unfinished punch list items, as determined by the Owner. Upon completion of all items on the punch list, Contractor may submit a payment request for all remaining retainage. If a good faith dispute, as determined by Owner, exists as to whether one or more items identified on the punch list have been completed pursuant to the Contract, Owner may continue to withhold up to 150% of the total costs to complete such items(s), as determined by Owner. 9.6 REQUIREMENTS PRIOR TO FINAL INSPECTION. The following items shall be completed as a condition precedent to a request by Contractor for final inspection: 1. Completion of all punch list items recorded from the Substantial Completion inspection. 2. Submittal of any items condition precedent to Substantial Completion that had not previously been submitted. 3. Issuance of all permits and certificates, test certificates, inspections, certificates of occupancy and other approvals and releases by governing authorities required for Owner's occupancy and use of the project. 4. All sets of operation and maintenance manuals and service agreements for all equipment shall have been submitted to Owner, as referenced in the technical specifications. 5. Manufacturers' certifications and warranties and any special guarantees or maintenance agreements shall be delivered to Owner. 6. A complete set of "RECORD" or "AS BUILT" drawings, meeting Owner's requirements. Contractor shall sign each final record drawing and note thereon that the final as-builts are complete and accurate. 7. A complete set of marked-up specifications with "RECORD" or"AS-BUILT" clearly printed on the cover. Contractor shall accurately and neatly transfer all deviations from project specifications to final as-builts. 8. A complete set of final shop drawings. 9. For street, utility and other horizontal construction, two copies of the video tape of surface conditions. 10. A signed and notarized affidavit indicating that no asbestos containing materials were used or installed during the course of the Work. 11. A list of each piece of equipment incorporated into the Work having an individual value of $500 or greater. The list shall include, at a minimum, manufacturer, make and model number, catalog number, supplier, quantity installed, and value of equipment. 12. All required spare parts, as well as any special devices and tools and extra stock of materials shall be delivered to Owner. 13. Extra stock of materials or other items paid for by Owner. 14. A deductive change order for any uncommitted contingency or allowance funds has been prepared and submitted in draft. - 15. All keys and blanks shall have been provided to Owner. 9.7 FINAL INSPECTION. Contractor shall certify to the Owner and Engineer/Architect in writing that all punch list items have been completed, all requirements for Substantial and Final Completion have been met, and the Work is ready for final inspection. The Engineer/Architect will schedule such inspection with Owner and Contractor. When Engineer finds the Work acceptable under the Contract Documents, completed and all requirements fully performed, Engineer/Architect shall issue a Final Certification to Owner. Should the Engineer consider that the Work is incomplete or defective, the Engineer/Architect will promptly notify the Contractor in writing, listing the incomplete or defective work. The Contractor will take immediate steps to remedy the stated deficiencies and send a second written certification to the Engineer/Architect when the Work is complete. The Engineer/Architect will re-inspect 26 FORM GENCON 100914 11/10/2014 11:01:26 am the Work. Should the Engineer/Architect be required to perform re-inspections due to the failure of the Work to meet Contract requirements, the Owner may deduct the additional costs to Owner from the Contractor's final payment. 9.8 OWNER'S RIGHTS. In the event incomplete, incorrect or defective work is not completed to the Owner's satisfaction within twenty (20) calendar days of the Engineer/Architect's notice to Contractor that the Work is not acceptable, Owner may, after ten (10) calendar days written notice to Contractor and opportunity to cure, make good the deficiencies and may deduct the cost thereof from final payment due Contractor. If payments due to Contractor are not sufficient to cover the costs, Contractor shall pay the difference to Owner. Owner's correction of the Work shall be without prejudice to any other remedies Owner may have. 9.9 FINAL AS BUILT DOCUMENTS. Prior to final inspection, Contractor shall provide Owner with "Record" or "as-built" drawings, specifications and documents which comply and Owner's Final Record Drawing Requirements found at www.cityofwpb.org/engineering/. 9.10 USE OF COMPLETED PORTIONS. Owner shall have the right to take possession of and use any substantially completed portions of the Work. Such use by Owner shall not be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any Contract Documents provisions-, provided that Contractor shall not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use. However, if, in the opinion of Engineer/Architect, such use increases the cost or delays the completion of remaining portions of Work, Contractor shall be entitled to an equitable adjustment under the Contract. GC 10 PAYMENT 10.1 SCHEDULE OF VALUES. Within ten (10) calendar days after the date of the Owner's issuance of a Notice to Proceed, Contractor shall submit for review and approval of Owner and Engineer/Architect, a schedule of values, by phases of work, to show a breakdown of the contract price for the various portions of the Work and corresponding to the payment request breakdown and progress schedule line items. The schedule of values must also show dollar value for each unit of work scheduled. Any Change Orders shall be added as separate line items. This schedule, unless objected to by Engineer/Architect, shall be the basis for reviewing Contractor's applications for payment. 10.2 TAXES. Contractor shall pay all taxes, duties and assessments imposed by law and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall pay all sales taxes. The Contract price shall include all taxes. 10.3 PAYMENT WHERE PERFORMANCE AND PAYMENT BONDS REQUIRED: If the Contract requires Contractor to provide Performance and'Payment Bonds, or a Public Construction Bond, no payment shall be made by Owner to Contractor until Contractor has provided Owner with a certified copy of the Performance and Payment Bonds, or a ,Public Construction Bond evidencing that said bond(s) have been recorded with the Clerk of the Courts in the public records of Palm Beach County. 10.4 PAYMENT REQUESTS. Payment requests shall be submitted on AIA Application for Payment forms and shall be signed and notarized by Contractor. Each payment request shall include the following information: 1. Bid Number 2. Contract Number 3. Project Number 4. Project Name 5. Owner's representative/project manager 6. Detailed estimate and payment request on a standard AIA form, covering the percentage of the total amount of the work which has been completed from the 27 FORM GENCON 100914 11/10/2014 11.01.26 am start of the job up to and including the last day of the preceding month, together with quantity and unit prices of materials and equipment utilized. 7. The unit cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. 8. Consent of Surety 9. Verification that certified copy(s) of recorded performance/payment bonds provided to Owner If no bonds are required: i) Partial Release of Lien from Contractor ii)Partial Releases of Lien from each sub-contractor on the payment request 10. Subcontractor Utilization Report. 11. Release from private property owner if Contractor utilized private property for storage or staging. 12. Such other supporting evidence as may be required by Owner and/or the Engineer/Architect to support Contractor's payment application; 10.5 INITIAL PAYMENT. Prior to submittal of its initial payment request,. Contractor shall have submitted the following items to the Engineer/Architect and Owner: 1. Certified copies of the Performance and Payment bonds, or Public Construction bond, recorded in the public records. 2. List of subcontractors and suppliers 3. Project schedule 4. Schedule of values 5. All current certificates of insurance 6. Designation of Contractor's Project Manager The initial payment request will not be accepted unless all of the above items have been received by Engineer/Architect and Owner. 10.6 PROGRESS PAYMENTS. All payment requests are required to be submitted in draft form, at least ten (10)calendar days in advance and not more than once each month, via email to the Owner and Engineer/Architect or Owner's agent identified in the Contract or by other written notice. If no payment bond is recorded, original partial releases of lien from Contractor and all subcontractors included in payment request shall accompany the payment request. If payment bond is recorded, partial consent of surety for payment shall accompany the payment request.. After review and approval of the draft, Contractor shall prepare and submit an original payment request, in duplicate: one set to the Owner's agent/Engineer/Architect and one set to City of West Palm Beach— Accounts Payable, PO Box 3366,West Palm Beach, FL 33402-3366. The Owner will not be responsible for any delay in payment by the City if Contractor submits his estimate and invoice to any other address. Payment will be made in accordance with the Local Government Prompt Payment Act. (F.S. 218.70). 10.7 DECISION TO WITHHOLD CERTIFICATION OF PAYMENT REQUESTS. 10.7.1 Engineer/Architect may withhold payment requests, in whole or in part, to the extent reasonably necessary to protect the Owner. If the Engineer/Architect is unable to certify payment in the amount of the application, the Engineer/Architect or Owner shall within twenty (20) calendar days advise Contractor of the reasons for withholding certification, in whole or in part, and the actions necessary to make the payment request proper. The Engineer/Architect will promptly certify payment of the amount which the Engineer/Architect can certify. ?g FORM GENCON 100914 11/10/2014 11:01:26 am 10.7.2 If Contractor takes action to make the rejected payment request proper and re-submits for approval of the whole or portion previously rejected, Engineer/Architect and Owner shall reject or accept the payment within ten (10)calendar days. 10.7.3 The Engineer/Architect may nullify, in whole or in part, any payment application previously certified to such extent as may be necessary, in the Engineer/Architect's opinion, to protect the Owner for loss for which the Contractor is responsible, including: Defective work not remedied, Failure of Contractor to make payments to subcontractors; Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract price, - Damage to the Owner or a separate contractor, Reasonable evidence that Owner will have a claim for liquidated damages and the unpaid balance of the contract price will not be adequate to cover liquidated damages or other amounts due to Owner from Contractor; - Repeated failures to carry out the Work in accordance with the Contract Documents. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. 10.8 RETAINAGE. 10.8.1 In accordance with the Local Government Prompt Payment Act, until the project is determined to have reached fifty percent completion, Owner shall withhold retainage of ten percent(10%) „from each progress payment paid to Contractor based on Contractor's estimate and invoice as approved by the Engineer/Architect. 10.8.2 Upon 50% completion. of the project the retainage withheld from each subsequent progress payment will be reduced to five percent (5%) as provided for by Florida Statute §218.735(8)(b). "Fifty percent completion" of the.Work is defined as that point in time where 506/6 of the overall value of Work items incorporated and which will remain in place subsequent to final completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractors mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work do not apply to the determination of fifty percent completion of the Work for purposes of establishing entitlement to a reduction of retainage. It is agreed that the Engineer/Architect shall have the right to finally determine when fifty percent completion has been achieved. (F.S. 255.078). 10.8.3 After the project is determined to have reached fifty percent completion, and unless otherwise prohibited by the terms of any federal grant funding the project in whole or in part: i) Owner shall withhold retainage of five percent (5%) from each progress payment paid to Contractor based on Contractor's estimate and invoice as approved by the Engineer/Architect; and ii) Contractor may present to Owner a payment request for up to half(50%) of the retainage previously held by Owner (50% of the 50% retainage already withheld — Not 50% of total retainage). If Owner has grounds under Florida law to continue to retain all or a portion of the requested retainage, Owner may continue to hold all retainage_ If the Work is not on schedule when request for payment of retainage is submitted, Owner may continue to hold all retainage. 10.9 PAYMENT TO SUBCONTRACTORS. Contractor shall pay its subcontractors within ten (10) calendar days of receipt of payment from Owner and shall not withhold payments to sub-contractors. Should this occur for any reason, Contractor shall immediately return such monies to Owner, adjusting pay requests and project bookkeeping as required. 10.10 FINAL PAYMENT. Upon completion of all requirements for substantial completion and final completion, issuance of a Final Certification by Engineer/Architect, compliance with all project closeout requirements and submittal of all of the following items, Contractor may submit its final payment request. The final payment request shall include the following items: 29 FORM GENCON 100914 11/10/2014 11:01:26 am 1. Final Certification by Engineer/Architect 2. Certified copy of punch list stating each item has been completed or otherwise resolved and accepted. 3. Final Statement of Accounting reflecting: a. original contract price b. each approved Change Order (with quantity and unit prices where applicable) C. allowances, if applicable d. deductions for uncorrected work e. deductions for liquidated damages f. deductions for re-inspection costs _ g. deductions for re-testing costs due to failed tests h. other adjustments i. adjusted contract price j. payments made k. any pending payment requests I. sum remaining due to Contractor 4. Final Change Order, if applicable, reflecting approved adjustments to the Contract price not previously made by Change Order. 5. Consent of surety for final payment. 6. If no payment bond is recorded, Lienor's Affidavit from Contractor that all payrolls, bills for material and equipment and other indebtedness connected with the Work have been paid or satisfied; 7. If no payment bond is recorded, original releases of lien from Contractor and all subcontractors 8. Certificate of Insurance evidencing continuation of any liability coverage on claims made basis, which shall remain effective for five (5) years after final payment. 9. Written release.of claims from any private property owner for use of private property for storage or staging. 10. All pre-requisites for Substantial Completion and Final Completion have been m et. The making and acceptance of the final payment shall constitute a waiver and release of all claims by Contractor, except those previously made in writing and still unsettled. If Contractor fails to submit all documents required for final payment within one year after Final Certification any amounts owed as final payment shall be forfeited. Owner shall provide written notice to Contractor at least sixty days prior to forfeiture. Forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedings. 10.11 FINAL PAYMENT TO SUBCONTRACTORS. Final payment may be made to certain select sub- contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon receipt of advance written consent of Surety, or applicable releases if no performance/payment bonds. 10.12 ALLOWANCES. Contractor shall include in the contract price all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct. 10.13 CONTINGENCY FUNDS. ALL CONTINGENCY SUMS ARE OWNER'S CONTINGENCY AND REMAIN THE PROPERTY OF OWNER UNTIL EXPENSE IS APPROVED. The contract price shall not include any contingency amounts. If the Contract or schedule of values includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the Owners' funds. Owner may approve use of contingency funds only for the purpose of defraying the expenses due to 30 FORM GENCON 100914 11/10/2014 11:01:26 am unforeseen conditions, extra work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use the by Contractor to cover short falls in Contractor's bid amount, and not for use by Owner to increase the scope of work. Contractor shall obtain prior written approval from Owner prior to the expenditure of contingency funds and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances prior to the release of such funds by Owner. All uncommitted contingency funds remain the funds of the Owner. 10.14 WITHHELD PAYMENTS. Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as.may be necessary to protect Owner if: a. Defective work or material is not remedied. b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against Contractor. C. Failure of Contractor to make payments to sub-contractors or for material or labor. d. Damage to another contractor. e. Contractor is in default of any Contract condition, including schedule. f. Contractor fails to submit information required by the Contract. g. Contractor consistently fails to perform work in accordance with the Contract Documents. h. Owner has reasonable doubt that Contract work can be completed within the schedule or for the balance of the Contract price which remains unpaid. i. Contractors insurance coverage lapsed. j. Owner has a right to claim liquidated damages. When the above grounds are removed or Contractor provides a Surety or Performance Bond satisfactory to Owner, which will protect Owner'in the amount withheld, payment shall be made for amounts withheld because of them. 10.15 LOCAL GOVERNMENT PROMPT PAYMENT ACT. Payments shall be made in accordance with the provisions of the Local Government Prompt Payment Act, F.S. 218.70 et seq. Interest, if any, shall accrue as provided in said Act. GC 11 BONDS 11.1 PERFORMANCE & PAYMENT BONDS (if required) 11.1.3 Public Construction Bond. In accordance with the provisions of F.S. 255.05, or if required by the Contract Documents, Contractor shall provide, on forms furnished by Owner, a public construction bond in an amount not less than the total contract price by a surety company acceptable to Owner. The bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its bond: "The Surety expressly agrees to be bound by all terms and conditions related to liquidated, delay and time or impact-related damages. Surety shall be bound by the warranty or warranties contained in the contract documents and shall be responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the contract. The Surety waives all rights against Owner and its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under this Bond, including claims by Surety against Owner for costs it asserts were not warranted by the contract documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by Owner as fiduciary." 31 FORM GENCON 100914 11/10/2014 11.01.26 am The bond shall also cover payments to all claimants, as defined in Section 255.05(1), Fla. Stat., supplying Contractor with labor, materials, or supplies, used directly or indirectly in the Work provided for in the Contract. 11.1.3 Performance & Payment Bonds. Owner may, in its sole discretion, accept a performance bond and a payment bond, which include the terms and provisions set forth in this condition, in lieu of the public construction bond. 11.1.4 Recording of Bond. Within ten days of receipt of the fully executed contract, Contractor shall record its bond(s) in the public records of Palm Beach County and provide a certified copy of the recorded bond to Owner. Owner will not process payment requests unless Owner has received certified copy of recorded bond(s). 11.2 SURETY. 11.2.1 To be acceptable to Owner, a Surety Company shall comply with the following provisions: (1) The surety company shall have a currently valid Certificate of Authority, issued by the State of.Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The surety company shall have a currently 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. (3) The surety company shall be in full compliance with the provisions of(the Florida Insurance Code. (4) The surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid/request for proposals is issued. (5) The surety company shall have at least the ratings of A-/Class V. (6) The surety company shall not expose itself to any loss on any one risk in an amount exceeding ten (10%) percent of its surplus to policyholders. 11.2.2 If at any time the Owner shall deem any of the sureties upon such bond(s) to be unsatisfactory, or if for any reason such bond shall cease to be adequate security for the Owner, Contractor shall, within five (5) days after notice from Owner, furnish a new or additional bond in full sum as shall be satisfactory to Owner. No payments shall be due nor made to Contractor unless and until such new or additional bond shall be furnished and approved. The premium for such new or additional bond shall be paid by Contractor. GC 12 LIENS AND RELEASES OF LIENS. (if no'recorded payment bond) 12.1. Where public construction bonds have not been recorded by the Contractor, neither the final payment nor any part of the retainage shall become due until Contractor shall deliver to Owner complete releases of all claims or liens arising out of the Contract Documents, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed. Contractor shall use Owner's forms for all releases of liens. All releases are required to have original signatures. All values on lien releases shall be consistent with the subcontracts. 32 FORM GENCON 100914 11/10/2014 11:01:26 am 12.2. Contractor may, if any sub-contractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to Owner,to indemnify Owner against any claim or lien (in cases where such payment is not already guaranteed by Surety or payment bond), along with a consent of surety to such payment. 12.3 In case of disputed indebtedness or liens, Contractor may submit in lieu of evidence of payment, a surety or bond satisfactory to Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by a surety or bond. 12A. If any claim or lien remains unsatisfied after all payments are made, Contractor shall refund to Owner all moneys that Owner may be compelled to pay in discharging such a lien, including all costs and reasonable attorneys'fee. GC 13 INSURANCE; INDEMNIFICATION 13.1 INSURANCE. 13.1.1 All Insurance Policies shall be issued by companies that (a) are authorized to transact business in the State of Florida,(b)have agents upon whom service of process may be made in Palm Beach County, Florida,and(c)have a best's rating of A-VI or better. 13.1.2 All Insurance Policies shall be endorsed to provide that: i. Contractor's Insurance is primary to any other Insurance available to the additional insured(s) with respect to claims covered under the policy and: . ii. Contractor's insurance applies separately to each insured against who 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. Self- insurance shall not be acceptable. 13.1.3 Additional Insured. All required insurance (except Worker's Compensation and Professional Liability) shall include an Additional Insured endorsement identifying Owner (City of West Palm Beach) and the City Commission and its officers, agents, employees as additional insureds.. Additional insureds are defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Contractor, its employees, agents, subcontractors, and representatives-, but is not defended or indemnified for the additional insured's own acts, actions, omissions, negligence. No costs shall be paid by Owner for an additional insured endorsement. 13.1.4 Required Coverage: Contractor shall maintain following liability coverage, in the limits specified: COMMERCIAL GENERAL LIABILITY: Contractor shall carry Commercial General Liability Insurance for all operations including but not limited to Contractual, Products and Completed Operations and Personal Injury with limits.of not less than Three Million Dollars($3,000,000) (aggregate)and Two Million Dollars($2,000,000) per occurrence combined single limit for bodily injury and property damage. The insurance policy must include coverage that is no more restrictive than the latest edition of the commercial general liability policy, without restrictive endorsements and the policy must include coverage 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, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed. BUSINESS AUTOMOBILE LIABILITY INSURANCE: Contractor shall carry business automobile liability insurance with minimum limits of Two Million Dollars($2,000,000) per occurrence, combined single limits bodily injury liability and property damage. The policy must be no more restrictive than 33 FORM GENCON 100914 11/10/2014 11.01.26 am the latest edition of the business automobile liability policy without restrictive endorsements and must include owned vehicles and hired and non-owned vehicles. WORKERS' COMPENSATION: Workers' Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $1,000,000 "each accident," $1,000,000 "disease policy limit,"and $1,000,000`'disease each employee." 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. Contractor agrees to name and endorse the City, and the City Commission and endorse the City, and the City Commission and their officers, agents, employees and City Commission members as additional insureds. Additional insured is defended and indemnified for claims.to the extent caused by the acts, actions, omissions or negligence of Contractor, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured's own acts, actions, omissions, negligence. BUILDERS RISK: Not less than the value of the Work under construction and facilities under the"custody and control"of Contractor. . POLLUTION: Not less than $3,000,000 IF hazardous materials, including lead, asbestos, PCBs or other pollutants may be present.(If required) Any other or special insurance requirements will be addressed in the Contract Documents. 13.1.5 Certificate of Insurance. Contractor shall provide the City Risk Manager or the City Contract Manager with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required by this article within three (3) calendar days of Contractor's receipt of Notice of Intent to Award the contract and, at any time thereafter, upon request by the City.' It is the .Contractor's responsibility to ensure that the Risk Manager and the Contract Manager both have a current Insurance Certificate and endorsements at all times. 13.1.6 Notice. Contractor's Insurance Policies shall be endorsed to provide The City with at least thirty (30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits. Notice shall be sent to: City of West Palm Beach Attn: Purchasing Division 401 Clematis Street West Palm Beach, Florida 33401 13.1.7 Coverage Period. a. 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 coverage may be met by keeping the policies in force,or by obtaining an extension of coverage commonly known as a reporting endorsement of tail coverage. b. In 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. 34 FORM GENCON 100914 11/10/2014 11:01:26 am 13.1.8 Renewal of Insurance: Contractor shall be responsible for assuring that the insurance certificate/endorsements required in conjunction with this section remains in force for the duration of the contractual period. If the insurance certificate/endorsements are scheduled to expire during this period, Contractor shall be responsible for submitting a new or renewed insurance certificate/endorsements to City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificate/endorsements are not replaced with a new or renewed certificate which covers the contractual period, City shall suspend this Agreement until such time as the new or renewed certificate/endorsements are received by City. 13.1.9 Minimum Coverage: Insurance coverage in the minimum amounts setforth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as is available to him under any other provisions of this Agreement or otherwise in law or equity. 13.1.10 Subcontractors. Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who are engaged in the Work. 13.1.11 The provisions of this General Condition shall survive the expiration or termination of the Contract. 13.2 INDEMNIFICATION. Contractor shall indemnify and hold harmless the Owner, its commissioners, officers, employees and agents, from and against any and all claims, obligations, liability, expenses, losses and causes of action, including attorneys' fees and costs, to the extent the same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of .Contractor or its subcontractors, or the commissioners, officers, employees or agents of either, while engaged in or about the performance of the Work; or while in or about the project site or premises; or (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of Owner, Owner's agents, servants, or other contractors of Owner; or (iii) arising out of the violation of federal, state, county or municipal laws, ordinances or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the performance of the Work. The extent of Contractor's indemnification shall be limited to one and one-half times the contract price or $1 million per occurrence, whichever is greater. This paragraph shall not be construed to require Contractor to indemnify Owner for Owner's own negligence, or intentional acts of the Owner, its agents or employees. Nothing in this paragraph shall be construed as a contractual waiver by Owner of the limits of sovereign immunity under Sec 768.28, Florida Statutes. This paragraph shall survive the expiration or termination of the Contract. (725.06 F.S. and 768.28 F.S.) GC 14 SUBCONTRACTORS AND SUPPLIERS 14.1 LIST OF SUBCONTRACTORS AND SUPPLIERS. Unless otherwise required to be specified in Contractor's Bid, within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall furnish to the Owner in writing the names of the persons or entities(including those who are to furnish materials or equipment fabricated to a special design) whom the Contractor will engage as sub-contractors or suppliers for the project. The Contractor shall.not change such sub-contractors or suppliers without written notice to Owner, and shall not contract with a proposed person or entity to whom the Owner has made reasonable and timely objection in writing, after such notice. The Contractor understands and agrees that the Contractor alone is responsible to the Owner for all of the Work under the Contract and that any review of subcontractors, sub-subcontractors or suppliers by the Owner or Engineer/Architect will not, in any way make the Owner responsible to any subcontractor or sub- subcontractor or suppliers. 14.2 WRITTEN SUBCONTRACTS. By appropriate written agreement, the Contractor shall require each subcontractor, to the extent of the work to be performed by the subcontractor,'to be bound to the 35 FORM GENCON 100914 11/10/2014 11:01:26 am Contractor by terms of the Contract and Contract Documents, including but not limited to the insurance requirements for workers' compensation and general liability coverage. The Owner shall be named as an intended Third Party Beneficiary in all subcontractor agreements provided such naming shall not create privity of contract between Owner and subcontractor. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the work to be performed by the subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with sub-subcontractors. The Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the subcontractor will be bound, and, upon written request of the subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed sub-subcontractors. Contractor shall include in all subcontracts a provision requiring the subcontractor to consent to an assignment of the subcontract to the Owner. Contractor shall, upon request, provide copies of all subcontracts to Owner. 14.3 REQUIRED WAIVER. All subcontracts shall provide the following exact language: "Sub-contractor"expressly waives any claims for damages which it may suffer by reason of delay caused by events beyond its'control, including delays claimed to be caused by the Owner or its Engineer/Architect and agrees that its exclusive remedy shall be an extension of its contract time." 14.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS. Each subcontract agreement is assigned by the Contractor to the Owner, provided that the assignment is effective only after termination of the Contract by Owner for cause and only for those subcontract agreements that the Owner accepts by giving notice to the subcontractor and Contractor in writing; and subject to the prior right of the surety, if any. 14.5 DISPUTES.. Any disputes which may arise between the Contractor and any subcontractor must be resolved between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes between Contractor and its subcontractors. GC 15 ENGINEER/ARCHIECT'S STATUS. 15.1 Engineer/Architect will provide observation of the Contractor's activities and progress of the Work. The Engineer/Architect will make inspections of all construction, draft change orders, and verify and certify partial and/or final payments due to the Contractor,as provided in the Contract Documents. The Engineer/Architect may, during the life of the Contract issue additional instructions, by means of drawings, minor change orders or otherwise, necessary to illustrate changes in the Work. 15.2 Engineer/Architect will review and take appropriate action regarding Contractor's submittals such as shop drawings and samples, but only for the limited purpose of checking for conformance with the Contract Documents. Review of such submittal is not conducted for the purpose of determining the accuracy and completeness of other details, such a dimensions and quantities of for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor pursuant to the Contract Documents. Engineer/Architect's review does not relieve Contractor of its obligations under the Contract Documents. Engineer/Architect's review does not constitute approval of, and Engineer/Architect shall not give directions regarding, any construction means, methods, techniques, sequences, procedures, assembly or safety precautions. 15.3 Engineer/Architect shall have authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract or to protect the public and/or property. Engineer/Architect shall also have authority to reject all work, materials and equipment which do not conform to the Contract Documents and to decide questions raised by Contractor which arise in the execution of the Work. 36 FORM GENCON 100914 11110/2014 11:01:26 am 15.4 Owner retains the sole authority to modify or extend the authority of the Engineer/Architect. 15.5 Engineer/Architect will make decisions in writing on all claims of the Contractor, and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. All such decisions of the Engineer/Architect shall be final. GC 16 TERMINIATION OR SUSPENSION 16.1 OWNER'S RIGHT TO TERMINATE FOR CAUSE. 16.1.1 Owner may terminate the Contract for cause if Contractor: A. Fails to supply enough properly skilled workers or proper materials; B. Fails to cure deficiencies after notice as provided in the Contract Documents, C. Fails, except in cases for which extension of time is provided, to maintain an established schedule thirty(30)calendar days behind a critical path activity), D. Fails to make prompt payments to subcontractors or for material, equipment or labor; E. Repeatedly disregards applicable laws, codes, ordinances, regulations or permit requirements; F. Fails to perform the Work consistent with the requirements of the Contract Documents; G. Materially fails to comply with substantial and final completion dates as required in the Contract Documents; H. Abandons or refuses to perform any portion of the Work, I. Is otherwise in substantial breach of the Contract Documents; J.. Files a bankruptcy petition or has a bankruptcy action commenced against it that is not discharged within thirty (30) calendar days, or make an assignment for the benefit of its creditors, or has a receiver appointed to manage Contractor's assets, or is otherwise becoming insolvent. 16.1.2 When any of the above reasons exist, Owner may, without prejudice to any other right or remedy, and after giving Contractor and its Surety seven (7) calendar days written notice, terminate the employment of Contractor and, subject to any prior right of the surety: . (i) Exclude the Contractor from the site and take possession of the premises and of all materials, equipment,tools and appliances thereon owned by Contractor, (ii) Accept assignment of subcontract pursuant to GC 13.2 and (iii) Finish the Work by whatever reasonable means Owner deems expedient. 16.1.3 When Owner terminates for cause, Contractor shall not be relieved from any of its obligations under the Contract Documents, and shall not be entitled to receive any further payment until Owner's costs to complete the Work is determined. In no event shall Contractor receive any payment for. Work finished by Owner. 16.1.4 Owner shall determine its costs incurred in completing the Work, including fees and charges to contractors, fees of Engineer/Architect, attorney and other professional fees, court costs and other damages incurred by Owner. Owner shall not be required to obtain the lowest price for the work to be performed, but the costs paid by Owner must be reasonable. If the unpaid balance of the contract price shall exceed the Owner's costs to finish the Work, the excess shall be paid to Contractor. If Owner's costs exceed the unpaid balance, Contractor shall_pay the difference to Owner. This obligation for payment shall survive termination of the Contract and final payment. 16.1.5 Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect 37 FORM GENCON 100914 11110/2014 11.01.26 am 16.1.6 If Contractor's surety is directed or agrees to complete the Work, then all payments due after termination shall be made to the surety until the Work is complete and/or the Contract price has been expended. The surety shall then be responsible for all of the obligations and duties of Contractor under.the Contract Documents and shall be bound by the conditions of the Contract Documents, this Contract and the.Bond to fulfill all obligations of the Contract Documents for the contract price in effect as of termination.. The surety may not assign those obligations without the written consent of Owner. The surety shall be responsible for the payment of all costs relating to the termination of the employment of Contractor. Contractor and its surety shall be jointly and severally liable for all costs in excess of the contract price for completion of the Work and for liquidated damages. 16.1.7 If, upon termination for cause it is determined that Contractor was not in default, the rights and obligations of the parties shall be as if the notice of termination has been issued for Owner's convenience. 16.2 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE. 16.2.1 Suspension for Owner's Convenience. Owner may, at anytime, without cause, order Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as Owner may determine, for Owner's convenience. If Owner orders a suspension, the contract price and contract time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible; or that an equitable adjustment is made or denied under another provision of the Contract. 16.2.2 Termination by Owner for Convenience. Owner may, at any time, without cause, order terminate all or a portion of the Contract for Owner's convenience. Upon such termination, the contract price earned to the date of termination shall be paid to Contractor, but Contractor waives any claim for damages, including loss of profits arising out of or related to the early termination. Contractor may not recover overhead or profit for work not performed. Those Contract provisions which by their nature survive final payment shall remain in full force and effect. 16.3 CONTRACTOR OBLIGATIONS UPON TERMINATION. Upon receipt of written notice from Owner of termination, Contractor shall: (i) cease operations as directed by Owner in the notice; (ii) take actions necessary, or that Owner may direct for the protection and preservation of the Work; (iii) except for Work directed to be performed prior to the effective date of termination stated in the notice, and if directed by Owner, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and (iv) turn over all marked up Construction Drawings and record set documents showing progress to date. Owner may assume and become liable at is sole discretion for obligations, commitments and unsettled contractual claims that Contractor has previously undertaken or incurred in good faith in connection with said project. Owner shall reimburse Contractor for any unpaid and earned cost of the project as of the date of termination, less damages or setoffs applicable under.the Contract Documents. Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take -all such steps including the legal assignment of his contractual rights, as Owner may require for the purpose of fully vesting in him the rights and benefits of Contractor under such obligations or commitments. 16.4 TERMINATION BY CONTRACTOR. The Contractor may terminate this Contract if the Work is stopped for a period exceeding 30 consecutive days, through no fault of act of Contractor or subcontractor or their suppliers or other person or entities performing Work under direct or indirect contract with Contractor, if order of a court or other pubic authority having jurisdiction requires all Work to be stopped; or an act of government, such as declaration of emergency, requires all Work to be stopped. GC 17 UNEXCUSED DELAY; LIQUIDATED DAMAGES 17.1 LIQUIDATED DAMAGES. If the actual completion date for substantial completion or final completion occurs later than the time indicated in the Contract Documents or later than the scheduled 38 FORM GENCON 100914 11/10/2014 11:01:26 am completion date if a duly authorized change order for time is issued, liquidated damages in the amount(s) set forth in the Contract Documents shall be paid by Contractor for unexcused delay in performance of the Work. The reasonableness of the amount is agreed. No liquidated damages shall be charged for periods of authorized delay or suspension. Contractor agrees that Owner's actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums established in the Contract Documents are reasonably related to what damages Owner may suffer and are enforceable liquidated damages and not penalties. Notwithstanding the above, Contractor agrees that liquidated damages do not include additional costs invoiced by Engineer/Architect to Owner for extended professional services arising out of an unexcused delay, and Contractor agrees to reimburse Owner for such actual costs incurred in addition to payment by Contractor of any liquidated damages. Owner is entitled to deduct any liquidated damages to which Owner is entitled from the final payment to Contractor. If the amount of liquidated damages due to Owner exceeds the final payment amount, Contractor shall pay the difference to Owner. This obligation for payment shall survive termination of the Contract and final payment. Owner does not waive any rights or other remedies under the Contract by the collection of liquidated damages. Liquidated damages will continue,to be charged to the contract in the event of Contractor's default and continuation of the Work by Owner or surety. Owner may waive any portion or all of its claim for liquidated damages upon completion of the Work. 17.2 NO DAMAGES FOR DELAY. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner, Engineer/Architect, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, remobilization or demobilization costs, subcontractor delay claims, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the Work,whether such delay be avoidable or unavoidable. GC 18 .CLAIMS AND DISPUTES 18.1 . NOTICE OF CLAIMS OR DISPUTE. Claims or disputes by the Contractor must be initiated by written notice to Owner with a copy sent to Engineer/Architect. Unless otherwise specifically provided by law, claims must be initiated within twenty-one (21) calendar days after occurrence of the event giving rise to such claim or within twenty-one (21) calendar days after the Contractor first recognizes the condition giving rise to the claim, whichever is later. 18.2 CONTINUING PERFORMANCE. In the event of any claim or dispute, Contractor shall continue to diligently make progress on all Work, unless otherwise directed by Owner, and Owner shall continue to make payments in accordance with the Contract Documents. If the dispute regards payment or money, Contractor shall be obligated to proceed with all Work without waiving its claims under dispute. 18.3 DECISIONS ON CLAIMS. Engineer/Architect will make decisions in writing on all claims of the Contractor regarding performance under.and the requirements of the Contract Documents, and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. The Engineer/Architect will review the claim and within fifteen (15) calendar days of receipt of the claim (or receipt of additional supporting information or data), take one or more of the following actions:(1) request additional information or supporting data from either party; (2) approve the claim; (3) reject the claim in whole or in part; (4) suggest a compromise, or (5) advise the parties that the Engineer/Architect is unable to resolve the claim if the Engineer/Architect lacks sufficient information to evaluate the claim, or if the Engineer/Architect concludes that it would be inappropriate for the Engineer/Architect to resolve the claim. If the Engineer/Architect requests a party to supply additional information, such party shall respond and provide any requested information within ten (10) calendar days. The Engineer/Architect's written decision shall notify the parties of any change in the Contract 39 FORM,GENCON 100914 11/10/2014 11.01.26 am Time or Contract Price or both. All such decisions of the Engineer/Architect shall be final and binding, but subject to mediation. 18.4 DECISIONS ON AESTHETICS. The Engineer/Architect's decision on matters relating aesthetic effect will be final if consistent with the intent of the Contract Documents and may not be appealed, mediated or litigated. 18.5 PAYMENT DISPUTES. With respect to disputes regarding payment requests, Owner shall review the payment application with Engineer/Architect and provide an opportunity for Contractor to state its claim within forty-five(45) calendar days after the date the rejected payment request was last received by Engineer/Architect. The final decision of Owner shall require approval by the City Administrator and be made within sixty(60) calendar days after the date the rejected payment request was last received by Engineer/Architect. 18.6 SUBCONTRACTOR DISPUTES. Any disputes which may arise between the Contractor and any subcontractor must be resolved between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes between Contractor and its subcontractors. 18.7 MEDIATION. Notwithstanding any other provision, the parties agree that any unresolved dispute or claim shall be mediated. Any claim for mediation shall be made in writing within fifteen (15) calendar days of Engineer/Architect's written decision on the matter, or shall be waived. The Engineer/Architect shall serve as the mediator; however, with respect to disputes regarding the Work, the punch list or any other requirement for final completion, if the Engineer/Architect is an employee of Owner, the parties may mutually agree to have an independent professional engineer or professional construction mediator serve as the mediator. Notwithstanding, an initial decision by the Engineer/Architect shall be required as a condition precedent to mediation. The Owner and Contractor shall share the mediator's fee and any filing fees equally. The mediation shall be held in Palm Beach County. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 18.8 WAIVER OF ARBITRATION. Owner and Contractor agree and expressly waive any and all provisions regarding arbitration, including any and all. provisions regarding arbitration as a condition precedent to litigation contained elsewhere in any Contract Documents. 18.9 LEGAL REMEDIES. Owner and Contractor may exercise those legal remedies in the District Court for Palm Beach County, Florida, as may be available to them with.respect to any dispute arising out of the Contract Documents for which the Engineer/Architect's decision is not final and pursuant to the dispute resolution process described in the Contract Documents and which Owner and Contractor are unable to resolve through change order or mediation. An initial decision by the Engineer/Architect shall be required as a condition precedent to litigation. 18.10 Governing Law: Jurisdiction: Venue: Litigation. The Contract Documents shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. Contractor and Owner submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit,filed in Florida based upon improper venue or forum nonconveniens. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO.A TRIAL BY JURY IN ANY LITIGATION RELATED TO THE CONTRACT DOCUMENTS. GC 19 WARRANTY INSPECTION. Prior to expiration of the warranty period(s), Contractor shall conduct, at its expense, with Owner and Engineer/Architect, a warranty inspection. Additionally, upon receipt of notice from Owner of failure of any part of the guaranteed Work, equipment or materials during the guarantee period, the defective Work, equipment parts or materials shall be replaced promptly with new equipment parts (or new equipment) and materials by Contractor, at no expense, to Owner. This provision shall survive expiration or termination of the Contract. 40 FORM GENCON 100914 11/10/2014 11:01:26 am GC 20 ROYALTIES AND PATENTS. Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall defend and hold Owner and Engineer/Architect harmless from and against all claims, obligations, losses, costs, damages and expenses, including attorney fees in connection with any claims or actions based upon infringement of any patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor under the Contract, unless a particular design, process or product of a particular manufacturer is required by the Contract Documents or where copyright violations are contained in the Construction Drawings or specifications prepared by the Engineer/Architect or Owner. If Contractor has reason to believe any required design, process or product is an infringement of a copyright or patent, Contractor shall immediately provide notice to Engineer/Architect. GC 21 LEGAL AND ETHICAL PROVISIONS 21.1 NO VERBAL AGREEMENTS. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. All Contract amendments or Change Orders shall be written and executed by both Owner and Contractor. 21.2 COMPLIANCE WITH LAWS. Contractor shall comply with all applicable City, State and Federal laws relating to the provision of services under this Contract, now or hereafter in effect. Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. It shall not be grounds for a change order that Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the Work. 21.3 SMALL BUSINESS REQUIREMENTS. Contractor shall comply with the City of West Palm Beach's Small Business Ordinance set forth in Chapter 66 of the City Code, which is incorporated herein by reference. Contractor shall comply with the small business commitment contained in Contractor's Bid, or as approved by the Procurement Division. Contractor shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the Owner to inspect and audit such records. 21.4. ETHICS: CONFLICTS OF INTEREST a. Contractor represents that it has not given or accepted a kickback in relation to the Contract and has not solicited the Contract by payment or acceptance of a gratuity or.offer of employment. b. Contractor represents that it has not solicited the Contract by payment of a gift or gratuity or offer of employment to any official, employee of the City or any City agency or selection committee. c Contractor represents.that it does not employ, directly or indirectly, the mayor, members of the city commission or any official, department director, head of any City agency, or member of any board, committee or agency of the City. d Contractor represents that it has not knowingly given, directly or indirectly, any gift with a value greater than $100 in the aggregate in any calendar year to the mayor, members of the city commission, any department director or head of any city agency, any employee of the city or any city agency, or any member of a board that provides regulation, oversight, management or policy-setting recommendations regarding the Contractor or its business. e. Contractor represents that,it presently has no interest and shall acquire no interest, either direct or indirect,which would conflict in any manner with its performance under the Contract. 41 FORM GENCON 100914 11/10/2014 11:01:26 am f In the event Contractor is permitted to utilize subcontractors to perform any work under the Contract, Contractor agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this condition. 21.5. LOBBYING CERTIFICATION. Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with the Contract will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 21.6 NON-COLLUSION. Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other bidders or contractors. (F.S. 838.22). 21.7 PUBLIC ENTITY CRIMES. By executing a Contract with Owner, Contractor certifies that Contractor, its affiliates, suppliers, subcontractors and consultants who will perform under the Contract have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date of the Invitation to Bid and that execution of the Contract will not violate the Public Entities Crimes Act (Sec. 287.133, Florida Statutes. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21.8 SCRUTINIZED COMPANIES. For Contracts over $1 million, in accordance with Sec. 215.473 Fla. Stat., Contractor certifies that at the time of bid or contract, Contractor is not a Scrutinized Company on the Contractors with Activities in Sudan List or the Activities in the Iran Petroleum Energy Sector List and does not engage in business operations in Cuba or Syria. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21.9 UNAUTHORIZED ALIENS/PATRIOT'S ACT. The knowing employment by Contractor or its subcontractors of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of the Contract. Contractor shall take all commercially reasonable precautions to ensure that it and its sub-contactors do not employ persons who are not authorized to work by the immigration laws or the Attorney General of the United States. Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing and relating to Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (the "Executive Order") and/or the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, as amended and reinstated (the "Patriot Act"). Contractor represents it is not a Prohibited Person under the Executive Order or Patriot Act. 21.10. NON-DISCRIMINATION. In performing under the Contract, Contractor shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status or sexual orientation. 21.11 APPRENTICES. If Contractor employs apprentices on the project, the behavior of'Contractor and Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the State of Florida Department of Labor and Employment Security. Contractor will include a provision similar to the foregoing sentence in each subcontract. 21.12 AVAILABILITY OF FUNDS. The Contract is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the Owner. If funding for the Contract is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or paid for in succeeding fiscal years. In the event funds to finance the Contract 42 FORM GENCON 100914 11/10/2014 11:01:26 am become unavailable, Owner may terminate the Contract upon no less than twenty-four(24) hours notice to Contractor. The Owner shall be the sole and final authority as to the availability of funds. 21.13 RIGHT TO AUDIT. Contractor shall maintain adequate records of the services for at least five(5) years from project occupancy. Owner, during Contractor's business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit Contractor's books and records, at Owner's expense, with regard to the accounts and services provided to or on behalf of Owner under this Contract to ensure that all aspects of the Contract are being met. Contractor shall allow the Owner or its representative to interview all current or former employees to discuss matters pertinent to the Contract. If an audit inspection in accordance with this condition discloses overpricing or overcharges (of any nature) by Contractor to Owner in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City's Internal Audit department shall be reimbursed to the City by the Contractor and (2) a 15% penalty of the overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a result.of the audit inspection, including any interest, audit costs and penalties shall be made by the Contractor within 45 days from presentation, of City's findings to Contractor. Failure by Contractor to permit such audit shall be cause for termination of this Contract by Owner. In addition to the foregoing, Contractor consents to the Owner requesting from the insurance carriers confirmation of all fees paid to Contractor arising out or related to the City's insurance coverages during the term of the Contract. 21.14 INSPECTOR GENERAL. 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 the Contract, and may demand and obtain records'and testimony from the Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be a material breach of the Contract justifying its termination. 21.15 INDEPENDENT CONTRACTOR. Contractor represents that it is properly experienced, licensed, equipped and financed to perform the work. Contractor acknowledges and agrees that it is an independent contractor of Owner and is not an employee of Owner and shall maintain control over its employees, subcontractors and work methods. Contractor more specifically acknowledges that it:will not be eligible to participate in any employee benefit maintained by Owner; will not be covered by Owner's workers' compensation insurance; and will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by Owner to Contractor under the Contract. 21•.16 LIENS. Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless,. Contractor agrees to keep the project, the buildings thereon and the property free of liens for or on account of any work done or materials furnished under the Contract. In the event any such lien is filed, Contractor shall, within five (5) days after written notice by Owner, discharge the lien(s) or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s) and cause the Clerk of the Circuit Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to so discharge or bond the lien(s), Owner shall have the right, but not the obligation, to discharge or bond the lien(s) and shall have the right to retain out of any payment then due or thereafter to become due to the Contractor, monies sufficient to discharge the_amount of such lien(s) and Owner's costs and reasonable attorneys'fees incurred. 21.17 LITIGATION. In the event suit is filed to construe or enforce this Agreement, each party in such suit shall bear its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys' fees and costs through trial and appeal. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS CONTRACT., 43 FORM GENCON 100914 11110/2014 11:01:26 am GC 22 MISCELLANEOUS 22.1 NOTICES. All written notices and other communications required or provided for under this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the manner required hereby: to Owner: City of West Palm Beach Attn.: Director of Engineering& Public Works P.O. Box 3366 (401 Clematis Street(33401)) West Palm Beach, FL 33402-3366 to Contractor: [to Contractor at the address listed on the first page of this Contract to the attention of the Project Manager] 22.2 PUBLIC RECORDS. Contractor shall comply with Chapter 119, Florida Statutes, regarding access to public records. Failure of compliance may be cause for termination by Owner. 22.3 SPECIFIC WAIVER. Any waiver issued by Owner of any provision of the Contract Documents shall only be effective if issued in writing by Owner and shall be specific, shall apply only to the particular matter concerned, and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in the Contract shall not be construed as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future. 22.4 HEADINGS; INDEX. The headings and the table of contents or index contained in these General Conditions are provided for convenience only. 22.5 INTEGRATION. The Contract constitutes the entire agreement between Contractor and Owner and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. The Invitation to Bid and its terms and conditions are incorporated herein and made a part of this Contract. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. 22.6 SEVERABILITY. The invalidity, illegality or unenforceability of any provision of the Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable provision is not contained herein. 22.7 ASSIGNMENT. Contractor shall not assign the Contract as a whole or in part without the written consent of Owner, nor shall Contractor assign any monies due or to become due to it hereunder without- the previous written consent of Owner and its surety. Assigning the Contract shall not relieve Contractor or his surety from any contract obligations. 44 FORM GENCON 100914 11/10/2014 11:01:26 am Master Contract for Utility Construction Services Exhibit A Fee Schedule Item Item D'esc`ript�o`n Est u, ° Units Untt'Price j ` A°mount= { Quant.. Road Finishing Crew consisting of a minimum of three(3)experienced operators, includes: motor grader, roller& water wagon when necessary requested, to prepare a shell, limerock, or crushed concrete road base, stabilized subgrade& 1 asphalt roadway w/striping in compliance with the latest City of WPB standard specifications. Payment shall be made by the hour for road finishing crew&shall include: equipment, labor, water, all required testing, and all misc associated costs. Material not included in this item. XXX HR XXX $425.00 Crew-Concrete, Ductile Iron, PVC, HDPE, or Metal Pipe Laying: consisting of a foreman(with 30 hrs of OSHA training), a minimum of three(3)experienced men, 2 including layout, excavating, installing, back filling equipment, and roadway repair necessary for laying pipe up to and including 36"diameter. Materials not included in this item. $525.00 A Dump Truck, 15-28 cu.yd. capacity when requested with item #2 only. XXX HR XXX $70.00 Well Point equipment up to 150 points B complete including pump and jetting equipment when requested with item #2 onl Inc. Dewaterin Permits). XXX HR XXX $75.00 Crew-Concrete, Ductile Iron, PVC, HDPE, or,Metal Pipe Laying: consisting of a foreman (with 30 hrs of OSHA training), a minimum of three(3)experienced men, 3 including layout, excavating, installing, back filling equipment, and roadway repair necessary for laying pipe greater than 36" up to 84"diameter. Materials not included in this item. XXX HR XXX $600.00 A Dump Truck, 15-18 cu.yd. capacity when requested with item #3 only XXX HR XXX $75.00 Well Point Equipment up to 150 points B complete including pump and Jetting equipment when requested with item #3 only(including Dewaterin Permit). XXX I HR I XXX 1$75.00 Fee Schedule for RFQ 13-14-407 1 11/10/2014 11:01:26 am Master Contract for Utility Construction Services Est Item l..fem`Descripfion Units Unit Price.: A°mount- Quanta. Four Man Repair Crew, including one Foreman(with 30 hrs of OSHA training) and three experienced skilled tradesman, and all equipment and tools necessary for construction, maintenance, and 4 emergency repairs of facility including Water Treatment Plants, Wastewater Treatment Plants, pump stations, and utility mains. Materials not included in this item. XXX HR XXX $475.00 F B. Dump Truck, 15-18 cu. yd. capacity when requested with item #4 only. XXX HR XXX $70.00 Well Point Equipment up to 150 Points complete including pump and Jetting equipment when requested with item #4 only(including Dewatering Permit). XXX HR XXX $75.00 w ROADWASY. $ ;k� « w: 1. Remove Existing Roadway Pavement 100 S.Y. $ 5.00 $ 500.00 2 Remove Existing Roadway Base (aggregate) 100 S.Y. $ 8.00 $ 800.00 3 Remove Existing Roadway Base concrete 100 S.Y. $ 15.00 $ 1,500.00 4 2-1/2"A.C.S.C. Type S-1, incl. Tack Coats land Prime Coats 100 S.Y. $ 30.00 $ 3,000.00 5 12"A.C.S.C. Type S-III, incl. Tack Coats and Prime Coats 100 S.Y. $ 26.00 $ 2,600.00 6, Compacted Crushed Concrete/Limerock Roadway Base(10"thick) 100 S.Y. $ 18.00 $ 1,800.00 7. 12"Compacted Subgrade 100 S.Y. $ 3.00 $ 300.00 Mill and Resurface(up to 1-1/4"A.C.S.C. 8' Type S-1) 400 S.Y. $ 32.00 $ 12,800.00 9 Mill and Resurface(up to 1 A.C.S.C. Type S-III) 400 S.Y. $ 32.00 $ 12,800.00 10. ITemporary Striping (4") 100 LF $ 1.00 $ 100.00 11. Temporary Striping (6") 100 LF $ 1.00 $ 100.00 12. Temporary Striping (12") 100 LF $ 1.00 $ 100.00 13. Striping(Thermoplastic, 4") 100 LF $ 2.00 $ 200.00 14. Striping(Thermoplastic, 6") 100 LF $ 2.00 $ 200.00 15. Striping(Thermoplastic, 12") 100 LF $ 4.00 $ 400.00 16. Special saw cuts for pavement 50 LF $ 10.00 $ 500.00 Supply and Installation of FDOT Concrete 17. Bumper Guard 10 EA $ 180.00 $ 1,800.00 Furnish and Installation of ADA-compliant 18. detectable surface 50 SF $ 75.00 $ 3,750.00 Supply and Installation of ADA compliant 19' welded aluminum handrail 25 LF $ 100.00 $ 2,500.00 STORM SEWER .w . fi` 20. 15" RCP, Class III 200 LF $ 16.00 $ 3,200.00 Fee Schedule for RFQ 13-14-407 2 11/10/2014 11:01:26 am Master Contract for Utility Construction Services Item►'° Item,Description, Est Units Umt Pace`; Amount° 4. Q""want . 21. 18" RCP, Class III 200 LF $ 21.00 $ 4,200.00 22. 24" RCP, Class III 200 LF $ 31.00 $ 6,200.00 23. 30" RCP, Class III 100 LF $ 44.00 $ 4,400.00 24. 36" RCP, Class III 100 LF $ 60.00 $ 6,000.00 25. 42" RCP, Class III 100 LF $ 75.00 $ 7,500.00 26. 48" RCP, Class III 100 LF $ 95.00 $ 9,500.00 27. 60" RCP, Class III 100 LF $ 145.00 $ 14,500.00 28. 72" RCP, Class III 100 LF $ 210.00 $ 21,000.00 29. Adjust Existing Storm Manhole/Inlet Top 25 EA $ 400.00 $ 10,000.00 30. Storm Inlet, Type C 15 EA $ 2,000.00 $ 30,000.00 31. Storm Inlet, Type E 15 EA $ 2,500.00 $ 37,500.00 32. Storm Inlet, Type P-5 15 EA $ 3,000.00 $ 45,000.00 33. Storm Inlet, Type P-6 15 EA $ 3,500.00 $ 52,500.00 Storm Manhole, Type P (3.5'x 6') (up to 6' 34. depth) 1 EA $ 2,700.00 $ 2,700.00 Additional depth to Bid Item 34 per 1 foot 34a. increment 1 LF $ 300.00 $ 300.00 Storm Manhole, Type J (3.5'x6') (up to 6' 35. depth) 1 EA $ 3,200.00 $ 3,200.00 Additional depth to Bid Item 35 per 1 foot 35a. increment 1 LF $ 300.00 $ 300.00 Storm Manhole, Type J (5'X5') (up to 6' 36. depth) 1 EA $ 3,200.00 $ 3,200.00 Additional depth to Bid Item 36 per 1 foot 36a. increment 1 LF $ 300.00 $ 300.00 Storm Manhole, Type J (6'X6') (up to 6' 37. depth) 1 EA $ 3,800.00 $ 3,800.00 Additional depth to Bid Item 37 per 1 foot 37a. increment 1 LF $ 300.00 $ 300.00 38. 12"X18" Oval RCP 100 LF $ 30.00 $ 3,000.00 F IPEW>ATERMAfN). PRE:SS�UREt aP � 39. 4" C-900 PVC Water Main 100 LF $ 5.00 $ 500.00 40. 6" C-900 PVC Water Main 100 LF $ 8.00 $ 800.00 41. 8" C-900 PVC Water Main 100 LF $ 14.00 $ 1,400.00 42. 10"C-900 PVC Water Main 100 LF $ 22.00 $ 2,200.00 43. 12"C-900 PVC Water Main 100 LF $ 28.00 $ 2,800.00 44. 4" PVC Mega-Lug Kits 50 EA $ 60.00 $ 3,000.00 45. 6" PVC Mega-Lug Kits 50 EA $ 75.00 $ 3,750.00 46. 8" PVC Mega-Lug Kits 50 EA $ 100.00 $ 5,000.00 47. 10" PVC Mega-Lug Kits 50 EA $ 165.00 $ 8,250.00 48. 12" PVC Mega-Lug Kits 50 EA $ 180.00 $ 9,000.00 49' 4" Cement-lined DIP Water Main Class 52 100 LF $ 30.00 $ 3,000.00 50. 6" Cement-lined DIP Water Main Class 52 100 LF $ 30.00 $ 3,000.00 51. 8"Cement-lined DIP Water Main Class 52 100 LF $ 40.00 $ 4,000.00 Fee Schedule for RFQ 13-14-407 3 11/10/2014 11.01.26 am Master Contract for Utility Construction Services Estes . Item: Item.Description _ Units Unit`Price, Amount Quarit:-` 10"Cement-lined DIP Water Main Class 52. 52 100 LF $ 50.00 $ 5,000.00 12"Cement-lined DIP Water Main Class 53. 52 100 LF $ 60.00 $ 6,000.00 16" Cement-lined DIP Water Main Class 54. 51 100 LF $ 75.00 $ 7,500.00 18" Cement-lined DIP Water Main Class 55. 51 100 LF $ 85.00 $ 8,500.00 20"Cement-lined DIP Water Main Class 56. 51 100 LF $ 95.00 $ 9,500.00 24"Cement-lined DIP Water Main Class 57. 51 100 LF $ 115.00 $ 11,500.00 30"Cement-lined DIP Water Main Class 58. 51 100 LF $ 160.00 $ 16,000.00 36" Cement-lined DIP Water Main Class 59. 51 100 LF $ 210.00 $ 21,000.00 60. 4" Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 6,500.00 61. 6" Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 6,500.00 62. 8" Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 6,500.00 63. 10" Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 6,500.00 64. 12"Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 6,500.00 65. 16" Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 6,500.00 66. 18"Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 6,500.00 67. 20" Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 6,500.00 68. 24" Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 6,500.00 69. 30"Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 16,500.00 70. 36"Cement-lined DIP Fittings 1 TON $ 6,500.00 $ 6,500.00 1" Single Water Service(Type K, up to 71. 10') incl. Meter Box, complete 20 EA $ 450.00 $ 9,000.00 Additional length to Bid Item 71 per 1 foot 71a. increment 40 LF $ 12.00 $ 480.00 1" Single Water Service(Polytube, up to 72. 10') incl. Meter Box complete 20 EA $ 450.00 $ 9,000.00 Additional length to Bid Item 72 per 1 foot 72a. increment 40 LF $ 5.00 $ 200.00 2" Single Water Service(Type K, up to 73. 10') incl. Meter Box complete 20 EA $ 1,000.00 $ 20,000.00 Additional length to Bid Item 73 per 1 foot 73a. increment 40 EA $ 30.00 $ 1,200.00 2" Singe Water Service(Polytube, up to 74. 10') incl. Meter Box complete 20 EA $ 1,000.00 $ 20,000.00 Additional length to Bid Item 74 per 1 foot 74a. increment 40 EA $ 5.00 $ 200.00 2"Temporary Water Main incl. temporary 75. fittings and temporary service connections, complete 100 LF $ 50.00 $ 5,000.00 Air Release Valve Manhole, complete w/ 76. exterior coating 1 EA $ 5,000.00 $ 5,000.00 r77. [Sample point and Bacteriological Testing 10 EA $ 500.00 $ 5,000.00 Fee Schedule for RFQ 13-14-407 4 11/10/2014 11.01:26 am Master Contract for Utility Construction Services Est Item Item.Description ._ , , Units VnitF Price.. A'mount. Quant:> 78. 4" R.S.G.V.with Valve Box 1 EA $ 850.00 $ 850.00 79. 6" R.S.G.V.with Valve Box 1 EA $ 1,000.00 $ 1,000.00 80. 8" R.S.G.V.with Valve Box 1 EA $ 1,500.00 $ 1,500.00 81. 10" R.S.G.V.with Valve Box 1 EA $ 1,800.00 $ 1,800.00 82. 12" R.S.G.V.with Valve Box 1 EA $ 2,400.00 $ 2,400.00 83. 20" R.S.G.V.with Valve Box 1 EA $ 12,000.00 $ 12,000.00 84. 24" R.S.G.V.with Valve Box 1 EA $ 18,000.00 $ 18,000.00 85. 30" R.S.G.V.with Valve Box 1 EA $ 34,000.00 $ 34,000.00 86. 36" R.S.G.V.with Valve Box 1 EA $ 45,000.00 $ 45,000.00 87. Fire Hydrant 5 EA $ 3,500.00 $ 17,500.00 PRESSURE PIPE`(FORCE MAIN): r 88. 4" Epoxy-lined DIP Force Main, Class 52 100 LF $ 50.00 $ 5,000.00 89' 6" Epoxy-lined DIP Force Main, Class 52 100 LF $ 50.00 $ 5,000.00 90' 8" Epoxy-lined DIP Force Main, Class 52 100 LF $ 60.00 $ 6,000.00 91' 10" Epoxy-lined DIP Force Main, Class 52 100 LF $ 75.00 $ 7,500.00 92' 12" Epoxy-lined DIP Force Main, Class 52 100 LF $ 90.00 $ 9,000.00 93. 16" Epoxy-lined DIP Force Main, Class 51 100 LF $ 110.00 $ 11,000.00 94' 18" Epoxy-lined DIP Force Main, Class 51 100 LF $ 130.00 $ 13,000.00 95. 20" Epoxy-lined DIP Force Main, Class 51 100 LF $ 140.00 $ 14,000.00 96' 24" Epoxy-lined DIP Force Main, Class 51 100 LF $ 170.00 $ 17,000.00 97. 30" Epoxy-lined DIP Force Main, Class 51 100 LF $ 215.00 $ 21,500.00 98. 36" Epoxy-lined DIP Force Main, Class 51 100 LF $ 275.00 $ 27,500.00 99. 4" Epoxy-lined DIP Fittings 1 TON $ 11,000.00 $ 11,000.00 100. 6" Epoxy-lined DIP Fittings 1 TON $ 11,000.00 $ 11,000.00 101. 8" Epoxy-lined DIP Fittings 1 TON $ 11,000.00 $ 11,000.00 102. 10" Epoxy-lined DIP Fittings 1 TON $ 11,000.00 $ 11,000.00 103. 12" Epoxy-lined DIP Fittings 1 TON $ 11,000.00 $ 11,000.00 104. 16" Epoxy-lined DIP Fittings 1 TON $ 12,000.00 $ 12,000.00 105. 18" Epoxy-lined DIP Fittings 1 TON $ 12,000.00 $ 12,000.00 106. 20" Epoxy-lined DIP Fittings 1 TON $ 12,000.00 $ 12,000.00 107. 24" Epoxy-lined DIP Fittings 1 TON $ 12,000.00 $ 12,000.00 108. 30" Epoxy-lined DIP Fittings 1 TON $ 12,500.00 $ 12,500.00 109. 36" Epoxy-lined DIP Fittings 1 TON $ 12,500.00 $ 12,500.00 110. 4" Plug Valve w/Valve Box 1 EA $ 1,100.00 $ 1,100.00 111. 6" Plug Valve w/Valve Box 1 EA $ 1,600.00 $ 1,600.00 112. 8" Plug Valve w/Valve Box 1 EA $ 2,000.00 $ 2,000.00 Fee Schedule for RFQ 13-14-407 5 11/10/2014 11.01.26 am Master Contract for Utility Construction Services Est. Item. Item Description Unitst Unit Price, Amount: Q;uant: 113. 12" Plug Valve w/Valve Box 1 EA $ 3,100.00 $ 3,100.00 114. 16"Plug Valve w/Valve Box 1 EA $ 4,800.00 $ 4,800.00 115. 18" Plug Valve wNalve Box 1 EA $ 6,000.00 $ 6,000.00 116. 20" Plug Valve wNalve Box 1 EA $ 9,000.00 $ 9,000.00 117. 24" Plug Valve wNalve Box 1 EA $ 18,000.00 $ 18,000.00 118. 30" Plug Valve wNalve Box 1 EA $ 28,000.00 $ 28,000.00 119. 36"Plug Valve w/Valve Box 1 EA $ 38,000.00 $ 38,000.00 M441N): _ 120. 8" HDPE (SDR11) Pipe 100 LF $ 25.00 $ 2,500.00 121. 10"HDPE (SDR11) Pipe 100 LF $ 35.00 $ 3,500.00 122. 12"HDPE (SDR11) Pipe 100 LF $ 45.00 $ 4,500.00 123. 16"HDPE (SDR11) Pipe 100 LF $ 75.00 $ 7,500.00 124. 18"HDPE (SDR11) Pipe 100 LF $ 90.00 $ 9,000.00 125. 20"HDPE (SDR11) Pipe 100 LF $ 145.00 $ 14,500.00 126. 24"HDPE (SDR11) Pipe 100 LF $ 155.00 $ 15,500.00 127. 30"HDPE (SDR11) Pipe 100 LF $ 260.00 $ 26,000.00 128. 36"HDPE (SDR11) Pipe 100 LF $ 650.00 $ 65,000.00 129. 12"Butterfly Valve wNalve Box 1 EA $ 1,600.00 $ 1,600.00 130. 16" Butterfly Valve wNalve Box 1 EA $ 2,400.00 $ 2,400.00 131. 20" Butterfly Valve wNalve Box 1 EA $ 3,600.00 $ 3,600.00 132. 24" Butterfly Valve wNalve Box 1 EA $ 5,000.00 $ 5,000.00 133. 30" Butterfly Valve wNalve Box 1 EA $ 9,500.00 $ 9,500.00 134. 36" Butterfly Valve wNalve Box 1 EA $ 11,000.00 $ 11,000.00 135. 4" Field-Lok Gaskets 50 EA $ 50.00 $ 2,500.00 136. 6" Field-Lok Gaskets 50 EA $ 60.00 $ 3,000.00 137. 8"Field-Lok Gaskets 50 EA $ 85.00 $ 4,250.00 138. 10" Field-Lok Gaskets 50 EA $ 270.00 $ 13,500.00 139. 12" Field-Lok Gaskets 50 EA $ 310.00 $ 15,500.00 140 16" Field-Lok Gaskets 50 EA $ 460.00 $ 23,000.00 141. 18" Field-Lok Gaskets 50 EA $ 550.00 $ 27,500.00 142. 20" Field-Lok Gaskets 50 EA $ 630.00 $ 31,500.00 143. 24"Field-Lok Gaskets 50 EA $ 860.00 $ 43,000.00 144. 30" Field-Lok Gaskets 50 EA $ 1,900.00 $ 95,000.00 145. 36"Field-Lok Gaskets 50 EA $ 2,100.00 $ 105,000.00 146. 4" DIP Mega-Lug Kits 50 EA $ 55.00 $ 2,750.00 147. 6" DIP Mega-Lug Kits 50 EA $ 65.00 $ 3,250.00 148. 8" DIP Mega-Lug Kits 50 EA $ 85.00 $ 4,250.00 149. 10" DIP Mega-Lug Kits 50 EA $ 280.00 $ 14,000.00 150. 12" DIP Mega-Lug Kits 50 EA $ 320.00 $ 16,000.00 151. 16" DIP Mega-Lug Kits 50 EA $ 300.00 $ 15,000.00 152. 18" DIP Mega-Lug Kits 50 EA $ 380.00 $ 19,000.00 153. 20"DIP Mega-Lug Kits 50 EA $ 480.00 $ 24,000.00 154. 24"DIP Mega-Lug Kits 50 EA $ 640.00 $ 32,000.00 155. 30"DIP Mega-Lug Kits 50 EA $ 1,400.00 $ 70,000.00 Fee Schedule for RFQ 13-14-407 6 11/10/2014 11:01:26 am Master Contract for Utility Construction Services Est: Units U item Item Description . ,_,�.- � nit`Price� �: � �A`rrrount._; Q.uant. 156. 36" DIP Mega-Lug Kits 50 EA $ 1,800.00 $ 90,000.00 Air Release Valve Manhole, complete w/ 157. interior and exterior coating 5 EA $ 5,000.00 $ 25,000.00 SANITARY SEWER: Sanitary Sewer MH (4' Dia., up to 6' 158. depth), complete 5 EA $ 3,000.00 $ 15,000.00 Additional depth to Bid Item 158 per 1 foot 158a. increment 5 LF $ 400.00 $ 2,000.00 Sanitary Sewer MH (6' Dia., up to 6' 159. depth), complete 1 EA $ 5,000.00 $ 5,000.00 Additional depth to Bid Item 159 per 1 foot 159a. increment 5 LF $ 600.00 $ 3,000.00 160. MH Drop Connection (up to 6'depth) 5 EA $ 3,000.00 $ 15,000.00 Additional depth to Bid Item 160 per 1 foot 160a. increment 5 LF $ 180.00 $ 900.00 6" Sanitary Sewer Lateral(up to 20) inc l. 161. Cleanout, complete 1 EA $ 1,200.00 $ 1,200.00 Additional length to Bid Item 161 per I foot 161 a. increment 5 LF $ 80.00 $ 400.00 162. Adjust San. MH Top 5 EA $ 500.00 $ 2,500.00 163. 6" PVC SDR 26 100 LF $ 10.00 $ 1,000.00 164. 8" PVC SDR 26 100 LF $ 15.00 $ 1,500.00 165. 10" PVC SDR 26 100 LF $ 20.00 $ 2,000.00 166. 12" PVC SDR 26 100 LF $ 25.00 $ 2,500.00 167. 15" PVC SDR 26 100 LF $ 35.00 $ 3,500.00 168. 24" PVC SDR 26 100 LF $ 70.00 $ 7,000.00 169. 30" PVC SDR 26 100 LF $ 130.00 $ 13,000.00 170. 6"x 6" PVC SDR 26 Wye 10 EA $ 90.00 $ 900.00 171. 8"x 6" PVC SDR 26 Wye 10 EA $ 100.00 $ 1,000.00 172. 10"x 6" PVC SDR 26 Wye 10 EA $ 230.00 $ 2,300.00 173. 12"x 6" PVC SDR 26 Wye 10 EA $ 315.00 $ 3,150.00 174. 15"x 6" PVC SDR 26 Wye 10 EA $ 500.00 $ 5,000.00 175. 24"x 6" PVC SDR 26 Wye 10 EA $ 3,300.00 $ 33,000.00 176. 130"x 6" PVC SDR 26 Wye 10 EA $ 5,200.00 $ 52,000.00 177. 4" Fernco Coupling w/shear rings 10 EA $ 35.00 $ 350.00 178. 6" Fernco Coupling w/shear rings 10 EA $ 50.00 $ 500.00 179. 8" Fernco Coupling w/shear rings 10 EA $ 65.00 $ 650.00 180. 10" Fernco Coupling w/shear rings 10 EA $ 85.00 $ 850.00 181. 12" Fernco Coupling w/shear rings 10 EA $ 90.00 $ 900.00 182. 15" Fernco Coupling w/shear rings 10 EA $ 250.00 $ 2,500.00 183. 24" Fernco Coupling w/shear rings 10 EA $ 900.00 $ 9,000.00 184. 30" Fernco Coupling w/shear rings 10 EA $ 980.00 $ 9,800.00 ° 1 C-ONCRETE x 185. Removal& Disposal of 4"thick Concrete 100 SF $ 5.00 $ 500.00 186. Removal& Disposal of 6"thick Concrete 100 SF $ 5.00 $ 500.00 Fee Schedule for RFQ 13-14-407 7 11/10/2014 11:01:26 am Master Contract for Utility Construction Services Est Item-" Item Description Units Unit.Price Amount Quanta= 187. Concrete(4"thick) 100 SY $ 45.00 $ 4,500.00 188. Concrete(6"thick) 100 SY $ 54.00 $ 5,400.00 189. FDOT Handicap Ramp 100 SY $ 150.00 $ 15,000.00 Installation of FDOT Type"D"curb-by 190. hand 50 LF $ 38.00 $ 1,900.00 Installation of FDOT Type"D'curb-by 191. machine 50 LF $ 38.00 $ 1,900.00 Installation of FDOT Type"F"curb-by 192. hand 50 LF $ 38.00 $ 1,900.00 Installation of FDOT Type"F"curb-by 193. machine 50 LF $ 38.00 $ 1,900.00 Installation of FDOT Valley Gutter-by 194. hand 50 LF $ 38.00 $ 1,900.00 Installation of FDOT Valley Gutter-by 195. 50 LF machine $ 38.00 $ 1,900.00 196. Installation of Header Curb-by hand 50 LF $ 50.00 $ 2,500.00 Installation of FDOT Asphaltic Concrete 197. Curb 50 LF $ 35.00 $ 1,750.00 Installation of FDOT mitered end section 198. for 15"diameter RCP 10 EA $ 1,000.00 $ 10,000.00 Installation of FDOT mitered end section 199. for 15"diameter HDPE pipe 10 EA $ 1,000.00 $ 10,000.00 Installation of FDOT mitered end section 200. for 18"diameter HDPE pipe 1.0 EA $ 1,500.00 $ 15,000.00 Installation of FDOT mitered end section 201. for 18"diameter RCP 10 EA $ 1,600.00 $ 16,000.00 202. Special saw cuts for concrete 100 LF $ 18.00 $ 1,800.00 Removal &disposal of soil to implement 203. improvements 100 CY $ 20.00 $ 2,000.00 204. Supply, replace&compact clean fill 100 CY $ 22.00 $ 2,200.00 Supply&installation of natural stone 205. riprap 200 TON $ 250.00 $ 50,000.00 Supply&installation of broken concrete 206. riprap 200 TON $ 350.00 $ 70,000.00 207. Supply&install sand-cement riprap 100 CY $ 450.00 $ 45,000.00 Removal&disposal of existing culvert 208. pipe(any material) 50 LF $ 25.00 $ 1,250.00 Supply& installation of Bahia Sod-up to 209' 1000 SF 1000 SF $ 1.00 $ 1,000.00 Supply& installation of Bahia Sod-over 210. 1000 SF 2000 SF $ 1.00 $ 2,000.00 Supply& installation of Floratam Sod-up 211. to 1000 SF 1000 SF $ 1.00 $ 1,000.00 Supply& installation of Floratam Sod- 212. over 1000 SF 2000 SF $ 1.00 $ 2,000.00 Supply& installation of FDOT Seed & 213. Mulch Mix 1000 SF $ 1.00 $ 1,000.00 Furnish Operator,Water Truck and 214. Irrigate Sod or Seed Mix 10 HR $ 90.00 $ 900.00 Fee Schedule for RFQ 13-14-407 8 11/10/2014 11:01:26 am Master Contract for Utility Construction Services ' Est Item, Item Description Units." Unit Price _m ount, ownt: + 215. FDOT Guard Rail with no end treatment 50 FT $ 75.00 $ 3,750.00 216. Canal Excavation(sand &silt) 100 CY $ 20.00 $ 2,000.00 217. Lake Canal Bank Restoration 100 SF $ 20.00 $ 2,000.00 Surveyor(as-built records approved by 218' City of W.P.B.) XXX HR XXX $225.00 218a. Field Crew XXX HR XXX $250.00 218b. Drafting/Cad. XXX HR XXX $150.00 APPROVED"'MOT:`, 219a. Arrow Board 1 EA $ 150.00 $ 150.00 219b. Sign Board 1 EA $ 200.00 $ 200.00 220c. Standard Barricades w/Lights 1 EA $ 10.00 $ 10.00 220d. Corral Barricades w/Lights 1 EA $ 15.00 $ 15.00 220e. Road Sign w/Lights 1 EA $ 15.00 $ 15.00 220f. FDOT-approved Traffic Cones 10 EA $ 5.00 $ 50.00 LABO'�R RiA�TE�(For`any otler�work not mention_ec/above; the��cont�actor��wiJ�app ly�th�'e"labo, to�the`quofe))��' �'; Foreman XXX HR XXX $ 85.00 Laborer XXX HR XXX $ 50.00 The following equipment is to be furnished with operator One tractor bulldozer, size D-5 or 1, equivalent offering. (Make/Model) XXX HR XXX $120.00 One self-loading scraper, pan and tractor, 2. rubber-tired, 20 cu.yd. capacity. XXX HR XXX $220.00 3. One dragline, 1 Cu.Yd. Capacity XXX HR XXX $210.00 One road pothole patch crew, including 4. truck and hot mix asphalt, and necessary crew to patch potholes. XXX HR XXX $350.00 5. One dragline, 2-1/2 Cu.Yd. Capacity XXX HR XXX $300.00 6. One front end loader, 2 Cu.Yd. Capacity XXX HR XXX $80.00 7. One front end loader, 3 Cu.Yd. Capacity XXX HR XXX $100.00 8 One crawler tractor hydraulic backhoe 3/4 Cu. Yd. Capacity XXX HR XXX $110.00 9. 10ne backhoe 1.5 Cu. Yd. Capacity XXX HR XXX $130.00 10 One backhoe 3 Cu.Yd. Capacity XXX HR XXX $200.00 11. One backhoe 4 Cu.Yd. Capacity XXX HR XXX $280.00 12. One backhoe 5 Cu.Yd. Capacity XXX HR XXX $360.00 13. Heavy equipment low boy with tractor, minimum width 10", 50 ton capacity. XXX HR XXX $100.00 14. One self-propelled vibrating, small size compactor. XXX HR XXX $80.00 15. One tandem dump truck with sideboards, 112 Cu. Yd. XXX HR XXX $100.00 16. 10ne triaxle dump truck, 18 Cu. Yd. XXX I HR XXX 1$90.00 Fee Schedule for RFQ 13-14-407 9 11/10/2014 11:01:26 am Master Contract for Utility Construction Services Est: Item Item Description Units n ° Un/t Prce,. Amouf Quart: � 17. One tractor trailer dump truck, 20 Cu. Yd. XXX HR XXX $100.00 18 One long arm (50' min.) Backhoe 3 Cu. Yd. Capacity XXX HR XXX $320.00 19. lWelding Machine XXX HR XXX $60.00 20. Portable Generator XXX HR XXX $30.00 21. Quick Cut Saw XXX HR XXX $30.00 22. Asphalt/Concrete Saw XXX HR XXX $30.00 23. Steel Wheel Roller XXX HR XXX $90.00 24. Plate Tamper XXX HR XXX $35.00 25. Pickup w/tools XXX HR XXX $65.00 26. Fuel truck XXX HR XXX $85.00 27. Crane45 ton XXX HR XXX $220.00 28. Bobcat with grapple or excavator XXX HR XXX $65.00 29. Boat with motor XXX HR XXX $100.00 30. lChainsaw XXX I HR I XXX 1$30.00 c Fee Schedule for RFQ 13-14-407 10 11/10/2014 11.01.26 am CERTIFICATE OF LIABILITY INSURANCE 01131l2014/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO NAME:NTACT Jennie Duke South Shore Insurance Inc. PHONE 561 429-9136 ac NO), 561 370-7023 901 SW Martin Downs Blvd E-MAIL jennie@southshore-insurance.com INSURERS AFFORDING COVERAGE NAIC# Palm City,FL 34990 INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:American Guarantee&Liability Insurance Co 26247 Hinterland Group Inc. INSURER c: 5401 North Haverhill Road,Suite 114 INSURER D: INSURER E West Palm Beach,FL 33407 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.EXP INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER MPOLICY I CIYYYY MM/ DD/ LTR YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300,000 CLAIMS-MADE X❑OCCUR x GLO5933058 01/31/14 01/31115 MED EXP(Any one person) 510,000 PERSONAL&ADV INJURY S1,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Fa acc dent)B X ANY AUTO BODILY INJURY(Per person) $ x ALL OWNED SCHEDULED x BAP5933057 01/31/14 01/31/15 BODILY INJURY(Per accident) S AUTOS AUTOS PROPERTY DAMAGE $ X HIRED AUTOS NON-OWNED AUTOS (Per ace rant) S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $3,000,000 B EXCESS LIAB N CLAIMS-MADE AUC5933063 01/31/14 01131115 AGGREGATE $3,000,000 DED I I RETENTION $ WORKERS COMPENSATION X WC ST Ad U- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIV YIN E.L.EACH ACCIDENT $1,000,000 B OFFICER/MEMBER EXCLUDED? NIA WC5933059 01/31!14 01/31/15 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $1,000,000 A Inland Marine CPP5933063 01131/14 01131/15 RENTED/LEASED EQUIPMENT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Should any of the above policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. The ECR Board,the City of West Palm Beach and its commissioners,officers,employees and agents are listed as additional insured ITB NO.13-14-407 CERTIFICATE HOLDER CANCELLATION City of West Palm Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 401 Clematis Street ACCORDANCE WITH THE POLICY PROVISIONS. West Palm Beach,FL 33401 AUTHORIZED REPRESENTATIVE <JND> ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 11/10/2014 11:01:26 am City of?Nest (Pa[m Beach °RN* DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that (:rfOU p , 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 violation 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 this 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 contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. A orize ignature Q.►'�t�e� 17 v�.ke Print Name t "D I -ZalZoi � Date 11/10/2014 11:01:26 am �p$1 N MEMO J F<OASO� OFFICE OF THE CITY ATTORNEY To: Jeri Muoio;Mayor From: Nancy D. Urcheck, Deputy City Attor RECOV ® Date: November�, 2014 VDV 0 7 2014 Matter No: 14569 City of We s s aifi ce each Dept. 970 ECR Board Re: Murray Logan; ECRWRF; Master-Small Utility Construction Projects Transmitted herewith for your signature as agent for the ECR Board are original documents which have been reviewed and approved for legal sufficiency. The ECR Board has approved execution of the document. Kindly forward the documents, along with this memo, to the City Clerk's Office. To: Office of the City Clerk The Mayor is authorized to execute the document in accordance with:REk'OEIVED ECR Board approval. NOV 0 7 2014 X ECR Budget control protocol. CITY OF WEST PALM BEACH Please take the actions indicated below with respect to these documegf.FICE OF THE CITY CLERK Y Attest to the execution of the Agreement by the Mayor. Y Insert the date of execution beneath the Mayor's signature(if not already dated). Estimated Record Retention Review: December 2029 ( Non-construction-5 years from estimated completion and final payment) (Construction related—10 years from estimated completion and final payment) Please retain one original as a public record and forward the other original to: Robin Hewitt, Engineering Services bm 11/10/2014 11:01:26 am Al ciTys ORIGINAL 8 East Central Regional Water Reclamation Facility �j 'ZRR` MASTER CONTRACT lft for SMALL UTILITY CONSTRUCTION RFQ No. 13-14-407 Contract No. 14569 Contractor Firm: Murray Logan Construction, Inc. Contractor Address: 313 65th Trail North West Palm Beach, Florida 33413 Email: davidl @murraylogan.com r Telephone: (561) 686-3948 Fax: (561)686-7465 FEI/EIN#591208353 THIS CONTRACT is made and entered into by and between the Contractor identified above and the EAST CENTRAL WASTE WATER TREATMENT FACILITY BOARD ("ECR" or"Owner"), by and through its agent, the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida whose address is 401 Clematis Street, West Palm Beach, Florida 33401 (the "City" or"Owner"). WHEREAS, the Owner caused to be prepared specification, drawings and other contract documents for certain work and issued a Request for Qualifications (RFQ)for the above-described project; and WHEREAS, the Contractor submitted its Proposal in response; and WHEREAS, the Owner determined that the Contractor's Proposal represents the best value to Owner and wishes to contract with Contractor under the terms and conditions contained in the RFQ; NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the Owner and Contractor understand and agree as follows: 1. Small Utility Project. Contractor shall be entitled to submit bid(s) for the issuance of Work Orders for small utility projects(under$300,000), which may include, but are not limited to, the following plus ancillary items: • Wastewater Facility Work • Sanitary Sewer Main installation and repair • Sanitary Force Main installation and repair • Valve installation and repair on sanitary sewer main, sanitary force main, and process piping • Air piping installation and repair • Wastewater Pump installation and repair • Material Purchases • Utility Locates • Manholes • Inlets • Conduits • Concrete Work • Road Work • Paving Master SmUtility-ECR 100614 1 Murry Logan 11/10/2014 11:01:26 am • Dewatering • Surveying and Field Engineering for construction layout and as-built drawings • Testing and Laboratory Services • Electrical Improvements • Other small projects as requested 2. Non-Exclusive; No Guaranty. This Contract is non-exclusive and the ECR reserves the right to award other contracts for work falling within the scope of this Contract. No work order(s) or minimum amount of work or compensation is guaranteed under this Contract. 3. Scope of Work. If awarded a Work Order, the Contractor shall furnish all necessary labor, materials, equipment and supplies, and shall execute and complete, to the satisfaction of Owner and in accordance with the terms and conditions of this Contract all work described and shown in the applicable Work Order. The work will be small utility projects(under$300,000). 4. Work Order(s): 4.1 Owner will issue Work Orders for small utility construction projects to awarded Contractor on an as-needed basis. Each work order will be on Owner's form and detail the specific project scope of work, project schedule for completion and compensation. All terms and conditions of this Contract, the General Conditions and the Contract Documents will be applicable to each Work Order. Time shall be of the essence of each Work Order. 4.2 No work is authorized until a work order is fully executed by the Owner. Any amendment to a work order is not effective and not authorized until such amendment is fully executed by the Owner. No Work Order may be amended to exceed $300,000. 4.3 No individual Work Order shall exceed $299,999.99. A comprehensive project shall not be broken into small related segments/projects in order to fall within the limitations of this Contract. Contractor shall not execute any such Work Order. 4.4 The compensation/price to be paid for each individual work order shall be specified in the work order and shall be based on the rates/unit prices shown in Exhibit A. 4.5 Work Orders shall be completed within the time indicated for each Work Order. Time is of the essence of each Work Order. Contractor shall proceed with the work and shall conform to the schedule for each Work Order. Work shall commence on the date indicated in the Notice to Proceed issued by Owner and be substantially complete and then fully complete in accordance with the Work Order schedule and the General Conditions, with such extensions of time as are provided in the General Conditions. 4.6 No Work Order may be issued for Services to be completed after the expiration of this Contract. The form of Owner's Work Order is attached to this Contract. 5. Payment and Invoices. Payment for Work Orders shall be made in accordance with the General Conditions of this Contract. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents. 6. Term of Contract. 6.1 Term of Contract. Subject to the termination rights of the Owner, this Contract shall have a term of three (3) years, commencing as of the date of execution by the Owner. The Owner shall execute this Contract last. 6.2' Renewal. At the sole option of the ECR, this Contract may be renewed for up to two additional twelve (12) month periods. Contract renewal will only be effective upon a written contract amendment executed by both parties. Renewal terms and conditions for this Contract shall be unchanged. Master SmUtility-ECR 100614 2 Murry Logan 11/10/2014 11:01:26 am 7. Liquidated Damages. The actual damages ECR and the public may suffer as a result of the failure to complete work under a Work Order within the scheduled time are not ascertainable at the time of this Contract. If said work under any Work Order is not substantially and then fully completed within the time established by the Work Order and the General Conditions, as may be adjusted, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, a sum per calendar day for each and every day or part of a day thereafter that said work remains incomplete. Unless a Work Order specified otherwise, Contractor shall pay to ECR the sum of Two Hundred Dollars ($200) per calendar day as liquidated damages. 8. Construction Bond(s). If the estimated amount of any Work Order is $200,000 or more, or if a bond is required by ECR/City on any other Work Order, then prior to the commencement of the work under such Work Order, Contractor shall record a public construction bond, in an amount not less than the total cost of such Work Order, on City approved forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond(s) prior to commencing work and submittal of first invoice. The ECR Board and City shall be co-obligees under such bonds. The bond shall incorporate by reference the terms of the Contract Documents in their entirety. 9. Required Insurance. 9.1 Contractor shall maintain following liability coverage, in the limits specified, and shall provide evidence of such coverage prior to Contract execution: Comprehensive General Liability: Not less than $1,000,000.00 Combined Single Limit per each occurrence and $2,000,000 aggregate, with bodily injury limits. May not be subject to a self- insured retention or deductible exceeding $25,000. Automobile Liability: Not less than $1,000,000.00 for injuries per person in any one accident or occurrence and $1,000,000.00 in the aggregate for injuries per occurrence or accident, with $100,000.00 for property damage in any one accident or occurrence. May not be subject to a self-insured retention or deductible exceeding $10,000. Worker's Compensation: Worker's Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $500,000 "each accident," $500,000 "disease policy limit,"and $500,000"disease each employee." Any liability coverage on claims made basis shall remain effective for five (5)years after final payment. 9.2 Based on the work to be performed, specific Work Orders for specific utility work projects may require additional insurance coverages. 9.3 Additional Insured: All required insurance (except Worker's Compensation and Professional Liability) shall include an Additional Insured endorsement identifying the City of West Palm Beach and ECR as Additional Insured. No costs shall be paid by the Owner for an additional insured endorsement. Additional Insured: All liability insurance policies shall name and endorse the following as additional insured(s): the ECR Board, the City of West Palm Beach and its commissioners,officers,employees and agents. 9.4 Certificate of Insurance: Evidence of insurance, being a current ACORD certificate of insurance or its equivalent, executed by the insurer, or its agent or broker, evidencing that a policy of insurance and any required endorsements have been issued by the agent/broker shall be delivered to City prior to execution of any contract awarded. The Certificate of Insurance shall be dated and show the name of the insured, the specific contract or work authorization by name, WA number and contract number, the name of the insurer, the number of the policy, its effective date, and its termination date. 9.5 Sub-Contractors. Proposer(s) shall ensure that any sub-consultants will maintain during the term of their contract,the above types of insurance, in coverage amounts acceptable to the Owner. 10. Contractor's Understandinq. It is understood and agreed that the Contractor shall, prior to the execution of any Work Order, by careful examination, satisfy itself as to the nature and location of the work, the conformation of the ground, the character; quality and quantity of the materials to be encountered, the character Master SmUtility-ECR 100614 3 Murry Logan 11/10/2014 11.01.26 am of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions. Execution of a Work Order by the Contractor shall be a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor agrees that its inspection of the site and review of information furnished by Owner shall be adequate investigation. By execution of a Work Order, Contractor represents that the plans and specifications are consistent, practical, feasible and constructible within the scheduled construction time and Contractor affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or site. Contractor agrees that that if during construction any discrepancies, defects, etc., are discovered by or made known to Contractor, Contractor shall immediately communicate same to the Owner. 11. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 12 Ethics. Contractor acknowledges, agrees and commits that it shall comply with all applicable state, county and city rules and regulations. 13. Inspector General. Contractor is aware that the Inspector General of Palm Beach.County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and any Work Order hereunder, and may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all.other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be a material breach of this Contract justifying its termination. 14. Small Business. Contractor agrees to use the certified small businesses identified by Contractor for each Work Order in the manner and proportions set forth in the Work Order and Small Business Commitment form. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program and the utilization of an payment to certified small businesses under this Contract. Contractor shall make said records available to the Owner for inspection during reasonable business hours. 15. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The term "Contract" and or "Contract Documents" shall include all project and work requirements, the terms and conditions contained in this Contract and the General Conditions, on the City website(s), each Work Order and the following documents, all of which taken together are incorporated herein and form the Contract Documents. The Contract Documents constitute the entire agreement between Contractor and Owner and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. For convenience sake, all of the Contract Documents may not be attached to this Contract, but the indicated documents are incorporated and make up the Contract Documents, regardless of whether they are attached. ❑ General Conditions ❑ Exhibit A—rates/prices ❑ Public Construction bond(s) ❑ Contractor's Insurance ❑ Drug Free Certification ❑ RFQ 13-14-407 ❑ The following Contract Documents may be found at www.citvofwpb.org/engineering/. Owner's Approved Materials List Owner's Engineering Standard Details ❑ Each Work Order and all associated Documents Master SmUtility-ECR 100614 4 Murry Logan 11/10/2014 11:01:26 am The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized representatives. EAST CENTRAL REGIONAL WASTE WATER TREATMENT FACILITY BOARD By its agent ATTEST: CITY OF EST PALM BEACH By: Y. City C erk Geraldine Muoio, Mayo Date: Jill 2014 CITY ATTORNEY'S OFFICE Approved t form and legality By: WITNESS: Contractor: MURRAY LOGAN CONSTRUCTION, INC. Print Name: KuAI" K0joi �cC-]'Rega Print Name: GJg �iOLo / Title: /u,rl.0 6.r Master SmUtility-ECR 100614 5 Murry Logan 11/10/2014 11:01:26 am J 4�FST��y East Central Regional Water Reclamation Facility r Small Utility Construction J Work Order No. Contract No. 14569 Contractor: Murray Logan Construction, Inc. Project/Work Title: 1. Work: A detailed scope of work to be performed under this Work Order is attached as Exhibit A. ❑ (check if applicable) Technical specifications and drawings for the Project prepared by dated , project number (the"Contract Drawings") describe the work and are Contract Documents for this Work Order. 2. Schedule: Time is of the essence of this Work Order. The Contractor shall commence Work under this Work Order on the date indicated in the Notice to Proceed and fully complete said Work in accordance with Exhibit Substantial Completion shall be: days from Notice to Proceed. 3. Work Order Price. The total amount to be paid to the Contractor by the Owner under this Work Order shall not exceed the sum of ($ ) subject only to adjustment as provided in the General Conditions. The price shall be based on the rates/unit prices under the Contract. No Work Order may exceed the price of Three Hundred Thousand Dollars. Payments shall be made in accordance with the General Conditions. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents. ❑ (check if applicable) A detailed schedule of values is attached as Exhibit ❑ (check if applicable) Contingency. Owner and Contractor agree the project budget shall include an Owner's contingency, which shall be utilized in accordance with the General Conditions, sum in the amount of 4. Liquidated Damages. In accordance with the Contract Documents, Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages for each and every calendar day or part of a day that the work remains incomplete, the sum of Two Hundred Dollars ($200.00) per calendar day. 5. Construction Bond. Unless indicated below, Contractor will record.the required public construction bond, on City forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond prior to commencing work under this Work Order and submittal of first invoice. ❑ (check if applicable) Construction bond not required and Work Order Price is less than $200,000. 6. Special Terms. 7. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no Master SmUtility-ECR 100614 6 Murry Logan 11/10/2014 11:01:26 am certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 8. Small Business: The small business commitment for this Work Order is %. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program and the utilization of an payment to certified small businesses under this Contract. 9. Insurance: Contractor hereby confirms that it maintains the insurance coverages required under the Contract and that certificates of insurance evidencing current policies are on file with the City as of the date of this Work Order. 10. Contract Reference: This Work Order shall be performed under the terms and conditions described within the master contract titled Master Contract for Small Utility Construction, dated , by and between the East Central Regional Waste Water Treatment Facility Board by its agent, City of West Palm Beach and the Contractor named above ("Contract"). 11. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The following documents are Contract Documents with respect to this Work Order, regardless of whether they are attached: ❑ Technical Specifications and Construction Drawings and specifications identified above. ❑ Scope of Work ❑ Contractor's Bid and Schedule of Values ❑ Construction Schedule ❑ Special Terms ❑ Grant Requirements ❑ Substitution Sheet ❑ Contractor's Material Suppliers List ❑ Schedule of Subcontractors—including suppliers ❑ Trench Safety Compliance Form ❑ Small Business—Statement of Small Business Participation ❑ The following Contract Documents may be found at www.cityofwob.org/engineering/. Owner's Approved Materials List Owner's Engineering Standard Details CONTRACTOR: EAST CENTRAL REGIONAL MURRAY LOGAN CONSTRUCTION, INC. WASTE WATER TREATMENT FACILITY BOARD By its agent CITY OF WEST PALM BEACH By: Geraldine Muoio, Mayor Print Name: Date: . 20 ATTEST: City Clerk CITY ATTORNEY'S OFFICE Approval as to form and legality By: Master SmUtility-ECR 100614 7 Murry Logan 11/10/2014 11:01:26 am GENERAL CONDITIONS Y �ZfIA\Pr SECTION CAPTION GC 1 Definitions GC 2 Contract Documents GC 3 Owner GC 4 Contractor GC 4.1 Contractor Responsibilities GC 4.2 Contractor Review GC 4.3 Supervision and Labor GC 4.4 Materials and Equipment GC 4.5 Substitution GC 4.6 Quality Assurance GC 4.7 Permit and Fees GC 4.8 Notice to Proceed; Schedule; Delay GC 4.9 Survey; Lines, Grade, Levels and Dimensions GC 4.10 Record Documents GC 4.11 Work Site GC 4.12 Protection of Work and Property GC 4.13 Concealed or Unknown Conditions GC 4.14 Safety GC 4.15 Progress; Reporting GC 4.16 Shop Drawings, Samples and Submittals GC 5 Inspections and Testings GC 6 Correction of Work GC 7 Work by Others at Site GC 8 Changes in the Work GC 9 Completion GC 9.1 Requirements Prior to Substantial Completion GC 9.2 Notice GC 9.3 Substantial Completion GC 9.4 Inspection and Punch List GC 9.4 Substantial Completion GC 9.5 Punch List Retainage GC 9.6 Requirements Prior to Final Inspection GC 9.7 Final Inspection GC 9.8 Owner's Rights GC 9.9 Final As-Built Documents 1 FORM GENCON 100914 11/10/2014 11:01:26 am GC 9.10 Use of Completed Portions GC 10 Payment GC 10.1 Schedule of Values GC 10.2 Taxes GC 10.3 Payment When Performance and Payment Bond Required GC 10.4 Payment Requests GC 10.5 Initial Payment GC 10.6 Progress Payments GC 10.7 Decision to Withhold Certification of Payments Requests GC 10.8 Retainage GC 10.9 Payment to Subcontractors GC 10.10 Final Payment GC 10.11 Final Payment to Subcontractors GC 10.12 Allowances GC 10.13. Contingency Funds GC 10.14 Withheld Payments GC 10.15 Local Government Prompt Payment Act GC 11 Bonds GC 11.1 Performance and Payment Bonds GC 11.2 . Surety GC 12 Liens and Releases of Liens GC 13 Insurance; Indemnification GC 14 Subcontractors and Suppliers GC 15 Engineer/Architect's Status GC 16 Termination and Suspension GC 17 Unexcused Delay; Liquidated Damages GC 18 Claims and Disputes GC 19 Warranty Inspection GC 20 Royalties and Patents GC 21 Legal and Ethical Provisions GC 22 Miscellaneous 2 FORM GENCON 100914 11/10/2014 11:01:26 am GC 1 DEFINITIONS The following definitions will apply regardless of whether the word(s) is capitalized, if the context is appropriate. "Addenda" is a document issued prior to the opening of bids which clarifies, corrects or changes the bidding requirements or the proposed Contract Documents. "Agreement" is the written instrument which is evidence of the agreement between Owner and Contractor covering the Work. "Change Order" shall mean a written order issued by the Owner and accepted by the Contractor, authorizing additions, deletions, or revisions in the Work, or an adjustment in the contract price, or contract times, issued on or after the Effective Date of the Contract. "claim" shall mean a demand or assertion by the Owner or Contractor seeking an adjustment of the contract price or contract times, or both, or relief with respect to the terms of the Contract." "Constructive Change Directive (CDD)" is a document issued to authorize Work when a change order is not yet issued or has not yet been agreed upon. "Construction Drawings" or "drawings" are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. "Contract date" shall be the date on which the Contract is signed by the last of the two parties to sign and deliver. "Contract Documents" or "Contract" consist of the Contract between the Owner and Contractor, the payment and performance bonds (or public construction bond), the General Conditions, any supplemental or special terms or conditions of the Contract, Construction Drawings, specifications, bidding documents, addenda, and other documents listed in the Contract, regardless of whether physically attached to the Contract, and any amendments or change orders issued and duly executed after execution of the Contract. "Contractor" shall mean the entity contracting with the Owner to perform the Work or its authorized representative. Contractor shall be lawfully licensed to perform the Work. "contract price" is the total amount payable by the Owner to Contractor for performance of the Work under the Contract Documents. "day" shall mean calendar day, unless otherwise specifically indicated. Where the performance of any act is directed, the time shall be computed so as to exclude the first and include the last day of the prescribed period. When the last day of a period falls on a Saturday, Sunday or legal holiday (observed by the party) the period shall end on the next day that is not a Saturday, Sunday or legal holiday. "Engineer/Architect" shall be used and shall be understood to mean the professional engineer or architect consultant retained by the Owner as the Engineer or Architect of Record, or the designated staff engineer of the Engineering & Public Works Department of the Owner. "fifty percent completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporated and which will remain in place subsequent to Final Completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractor's mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work do not apply to the determination of"Fifty Percent Completion"of the Work for purposes of establishing entitlement to a reduction of retainage. 3 FORM GENCON 100914 11/10/2014 11'01:26 am "Final Certification" is the document issued to Owner by the Engineer/Architect upon finding the Work acceptable under the Contract Documents and all requirements fully performed. "Final completion" shall be deemed to have occurred when the Engineer/Architect finds the Work acceptable under the Contract Documents and that all contract requirements have been fully performed. "Notice to Proceed" is the written notice given by Owner to Contractor fixing the date on which the Contract time will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. "Owner" or "City" is the City of West Palm Beach. The authorized representative for execution of the Contract and any amendments or change orders is the Mayor. "project" is the total construction, of which the Work performed under the Contract Documents may be the whole or a portion; and may include construction by the Owner and/or separate contractors. "schedule of values" shall be a Contractor prepared and maintained schedule allocating portions of the contract price to various portions of the Work and used as a basis for reviewing the Contractor's application for payment. "shop drawings" are drawings, diagrams, illustrations, schedules and other data specially prepared for the Work by Contractor or its Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Shop drawings are not Contract Documents but are used to demonstrate how the Contractor proposed to conform to the design concept of the Contract Documents for those portions of the Work for which the Contract Documents require submittals. "specifications" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work and performance of related services. "subcontractor" is a person or entity in direct or indirect contract with the Contractor, or with any other subcontractor, to perform a portion of the Work. "substantial completion" shall be deemed to have occurred when the Work has progressed to the point where, in the opinion of the Engineer/Architect, the Work is sufficiently complete, in accordance with the Contract Documents, so that the Owner can utilize the Work and 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 except where a lack of completion of such incidental or incomplete items of Work will adversely affect the complete operation of other areas of the Work. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific are set forth in the Special Terms or Supplemental Conditions. "Supplemental Conditions",are that part of the Contract Documents which amends or supplements these General Conditions. "Work", means the construction services required by the Contract Documents and includes all labor, equipment, materials, documents and services to be provided by the Contractor to fulfill the Contractor's obligations under the Contract. Work may refer to the whole or a portion of the project. The terms "Owner", "Contractor", "Engineer/Architect" and "Subcontractor' are treated throughout the Contract as if each were of the singular number and masculine gender. 4 FORM GENCON 100914 11/10/2014 11.01.26 am GC 2 CONTRACT DOCUMENTS 2.1 EXECUTION, CORRELATION AND INTENT OF DOCUMENTS: 2.1.1 The Contract shall be executed in at least two original sets by Owner and Contractor. 2.1.2 The Contract Documents are intended to include all items necessary for the proper execution and completion of the Work by the Contractor. Any labor, services, materials, equipment or documentation that may reasonably be inferred from the Contract documents or trade usage or prevailing custom as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. 2.1.3 The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. In the event of any inconsistency among the Contract Documents, where such inconsistency is not clarified by change order or addendum, the Contract Documents shall be construed according to the following priorities: First Priority: Approved Change Orders, Addendums or Amendments Second Priority: Specifications (quality) Third Priority: Drawings (location) Fourth Priority: Supplemental Conditions or Special Terms Fifth Priority: General Terms and Conditions Sixth Priority: Contract Seventh Priority Invitation to Bid Eighth Priority Contractor's Bid 2.1.4 In any event of inconsistency, however, the latest, and more stringent, or technical, or the lesser quantity requirements shall control the work to be performed by Contractor, as determined by the Engineer/Architect. 2.1.5 Organization of the Specifications into sections or arrangements of the Construction Drawings shall not control how the Work is distributed to subcontractors or among the trades. 2.1.6 The Contract Documents make no attempt to fix the scope of work of any subcontractor nor the responsibilities of the subcontractors. 2.1.7 Unless otherwise stated in the Contract Documents, words that have well-known conventional or technical or construction-industry meanings are used in the Contract, Documents in accordance with such meanings. 2.1.8 Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to laws or regulations, shall mean the standard, specification, manual, code, or laws, or regulations in effect at the time of bid opening or on the Contract date if there were no bids. 2.1.9 The following Contract Documents may be found at www.citvofwpb.org/engineering/ Owner's Approved Materials List Owner's Engineering Standard Details Owner's Right-of-Way Construction Standards (if applicable) 2.2 CONSTRUCTION DRAWINGS AND SPECIFICATIONS. 2.2.1 The Owner through the Engineer/Architect, or the Engineer/Architect as the Owner's representative, shall furnish Construction Drawings and specifications which represent the requirements of the Work as far as practical to be performed under the Contract Documents. The Owner or 5 FORM GENCON 100914 11/10/2014 11:01:26 am Engineer/Architect will provide the Contractor with copies of all drawings and specifications, not to exceed four(4)complete sets,for the execution of the Work. 2.2.2 The Contractor shall, immediately upon receipt of the specifications and Construction Drawings, check all specifications and drawings furnished and shall promptly notify Owner, in writing, of any illegibility, error, omission, defect or discrepancy discovered in such specifications and drawings and shall comment as appropriate upon construction feasibility and practicality. Contractor shall obtain written interpretation or clarification from Engineer/Architect prior to proceeding with any Work affected by such illegibility, error, omission, defect or discrepancy. Contractor shall be responsible for obtaining building permits for the Work based on the specifications and Construction Drawings. The Contractor shall perform work only in accordance with the specifications and permitted Construction Drawings and any subsequent revisions thereto. 2.2.3 If the permit approval process requires a change to the scope of the work, the Contractor shall notify the Owner and Engineer within seven (7) days of Contractor being informed of the required change or receipt of the permitted Construction Drawings and such notification shall contain a written description of the change and.its impact on the cost and schedule, if any. Failure to provide such notice within seven (7) days shall be a complete waiver by the Contractor of all additional cost and time and Contractor shall perform and additional work at its expense and complete the Work according to schedule and in no event shall Contractor recover delay or consequential damages. 2.3 OWNERSHIP AND USE OF DRAWINGS AND SPECIFICAIONS 2.3.1 Any and all Construction Drawings produced for the Owner become the property of the Owner. The Contract Documents, in whole or in part, are to be used by the Contractor only with respect to the project and the Work, and shall not be used by the Contractor for any other purpose without written authorization by the Owner. This prohibition shall survive completion or termination of the Contract. The Contractor may retain copies of Contract Documents for record purposes. 2.3.2 For security reasons, building plans, construction drawings, security features and technical details and specifications of City-owned facilities are not public documents. These documents may be shared by Contractor with those employees and subcontractors as needed to perform the Work. However, Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without Owner's prior written approval. 2.4 ELECTRONIC DATA Unless specifically stated in Supplemental Conditions or Special Terms, and excepting the electronic documents referenced in GC 2.1.9, the data, specifications and drawings that may be relied upon are limited to the printed copies (hard copies). If the parties intend to transmit any data, information or documentation in digital form, with the intent of reliance on such transmission, and not solely for the convenience of the receiver, the parties to the transmissions shall establish protocols for such transmissions. GC 3 OWNER 3.1 Owner shall be responsible for obtaining any easements necessary for the Work to be performed at the indicated site. 3.2 The furnishing of any surveys, utility locations, or other site information by the Owner does not relieve Contractor of its responsibilities under the Contract Documents. Owner makes no representation or warranty as to the accuracy of any information provided to Contractor. 3.3 Unless otherwise provided in the Contract Documents, Owner shall provide Contractor with at least one(1) but no more than four(4) complete set(s) of Contract Documents. 3.4 Unless otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer/Architect. 6 FORM GENCON 100914 11/10/2014 11.01.26 am 3.5 Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. 3.6 OWNER'S RIGHT TO STOP WORK. If Contractor fails to correct Work that is not in accordance with the Contract Documents, or repeatedly fails to perform Work in compliance with the Contract Documents, Owner may issue a written order to Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated or resolved. 3.7 OWNER'S RIGHT TO PERFORM WORK. Owner reserves the right to perform or complete all or a portion of the Work in the event of Contractor's failure to perform the Work in accordance with the Contract Documents, after written notice of such failure and a five (5) day period to cure such failure(s).- Owner's exercise of its right to perform the Work shall be without prejudice to any other remedies Owner may have. In such event, a change . order shall be issued deducting the Owner's costs, including additional compensation to Engineer/Architect, from payments thereafter due to Contractor. The amounts deducted shall be subject to review by Engineer/Architect. If payments due to the Contractor are not sufficient to cover the amount, the Contractor shall pay the difference to Owner. GC 4 CONTRACTOR 4.1 CONTRACTOR RESPONSIBILITIES. 4.1.1 Contractor shall supervise, inspect and direct the Work, competently and efficiently, in accordance with the Contract Documents. The Contractor shall be held liable to Owner for the performance of all Work provided for under-the Contract Documents.. 4.1.2 Contractor shall employ and or subcontract with subcontractors that are qualified to successfully complete the Work and within the contract time specified. 4.1.3 Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, heat, utilities, travel, lodging, insurance, facilities and services necessary for the proper execution and completion of the Work. 4.1.4 Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures and safety programs in connection with the performance of the Work. Contractor shall be solely responsible for the engagement, management and performance of any subcontractors used to perform any portion of the Work. 4.1.5 Contractor shall be liable to Owner for materials and equipment furnished. This shall include all materials and equipment whether manufactured and/or fabricated by other persons. In the event that an agent or other representative of the Owner approved the installation or erection of any item of material or equipment and the Contractor feels the same is not fabricated in good workmanlike manner, Contractor shall forthwith advise the Engineer/Architect and the Owner of such situation in writing: 4.1.6 Contractor shall maintain a log of daily Work activities, including manpower records, weather, delays,major decisions, etc., and provide a copy of same to Owner upon request. 4.1.7 Contractor shall maintain a current roster of subcontractors with name and contact telephone numbers for key personnel and provide a copy of same to the Owner at the beginning of the project and at any time the information is revised. 7 FORM GENCON 100914 11/10/2014 11.01.26 am 4.1.8. Contractor shall provide a safety program for the project and conduct a safety meeting prior to commencing work and at regular intervals, no less than once per month, during the prosecution of the Work. 4.1.9 For street and utility construction, Contractor shall give notice of commencement of construction to all nearby properties which may be affected by the Work at least seven (7) calendar days prior to commencement of construction. Owner's project manager will assist Contractor in determining those properties requiring notice. 4.1.10 Contractor shall not perform any Work unless the Contractor is in compliance with GC GC 4.8.2 and GC 4.10.1. 4.1.11 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. 4.2 CONTRACTOR REVIEW 4.2.1 Contractor shall carefully study and review the Construction Drawings, plans and specifications to assure itself and Owner that Contractor has observed no defects or discrepancies in the Construction Drawings or specifications and such plans are consistent, practical, feasible and constructible within the scheduled construction time. It is recognized that Contractor's review is made in Contractor's capacity as a contractor and not as a design professional, unless otherwise specifically provided in the Contract Documents. 4.2.2 The Contractor shall, by careful examination, satisfy itself, to the extent it deems necessary, as to the nature and location of the Work, the conformation of the ground and site, access and transportation of materials, the character, quality and quantity of the materials, storage, handling and disposal of materials, the character and storage of the equipment and facilities needed preliminary to and during the prosecution of the Work, the availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions; location of underground utilities; existing site conditions, topography and ground conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; the general and local conditions and all other matters which can in any way affect the performance of the Contract. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. No change shall be made to the contract price on account of minor differences between actual field conditions and the Contract Documents. Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing the Work. 4.2.3 If the Contractor, whether prior to or during construction, discovers or becomes aware of any discrepancies, defects, errors or omissions in the Construction Documents, or any issues or concerns regarding the Work site, Contractor shall immediately report them in writing to the Owner and the Engineer/Architect. 4.2.4 Subsoil Conditions. Unless otherwise stipulated in the Construction Documents, no subsoil investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions as necessary. Contractor shall be responsible for coordinating and scheduling geotechnical services based on Contractor's testing requirements. 4.2.5 Underground Utilities and Facilities. Where applicable, Contractor shall be responsible for locating all underground utilities and facilities. Owner shall not be responsible for the accuracy or completeness of any information or data provided regarding underground utilities or facilities. 8 FORM GENCON 100914 11/10/2014 11:01:26 am 4.3 SUPERVISON & LABOR 4.3.1 Contractor shall supervise, direct and inspect the Work using Contractor's best skill and attention. Contractor shall enforce discipline and order at the Work site. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction 4.3.2 Project Manager. To ensure that the work will be performed to the requirements of the Contract Documents, Contractor shall, at all times during the progress of the Work, assign and keep a competent Project Manager satisfactory to the Owner. The Contractor shall advise the Owner and Engineer/Architect, in writing, within ten (10) calendar days after the date of Owner's issuance of a Notice to Proceed, the name and local address of the Project Manager who will be in responsible charge of the project, together with the extent of his authority to represent and act on behalf of the Contractor, along with the Project Manager's cell phone number. In the event the Contractor must replace the Project Manager during the pendency of the Project, Contractor shall, unless otherwise impossible, give Owner at least ten (10) calendar days prior notice of such replacement and advise Owner of the name and cell phone number of the new Project Manager. The Contractor will ensure that Owner and Engineer/Architect shall be able to reach the Project Manager at his cell phone number at all working hours and during emergencies. The Project Manager shall represent the Contractor in his absence and all notices and directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in each case. At any time Owner may request and Contractor shall replace the individual performing as Project Manager with an individual acceptable to Owner. 4.3.3 Labor. Contractor shall employ only competent, skilled and suitably qualified personnel to perform the work. Contractor shall remove from the jobsite any personnel of Contractor or subcontractors who is unfit or not properly skilled in the tasks assigned to him, or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound by and comply with all applicable Federal, State and local laws regarding labor. 4.3.4 Hours. Except as otherwise required for safety or protection of persons or the Work, or adjacent property, and except as otherwise provided in the Contract Documents, all Work at the project site shall be performed Monday through Friday, 8 am to 5 pm. If the Contract Documents specifically required work to be performed beyond normal working hours, weekends or legal holidays, or should the completion time required work to be performed at said times, or should the Contractor, with the Owner's permission, elect to perform work at said times, any additional costs resulting from working at said times are the Contractor's sole responsibility. All work performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to Owner. 4.4 MATERIALS& EQUIPMENT. 4.4.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, services, transportation, and other facilities necessary for the execution and completion of the Work. 4.4.2 Unless otherwise specified, only new, unused materials, equipment and items of recent manufacture, of designated quality, free from defects, will be accepted. All workmanship will be of good quality. Contractor shall, if requested, furnish evidence satisfactory to the Owner as to the kind, quality and manufacturer of materials. Owner will be the final authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Contract Documents. 4.4.3 No work defective in construction or quality, or deficient in meeting any requirement of the Contract Documents, Construction Drawings or specifications, will be acceptable regardless of Owner's failure to discover such defects during construction; nor will inspection by the Engineer/Architect relieve Contractor from ensuing the quality of the Work as required by the Contract. No payment, whether partial or final, shall be construed as an acceptance of defective or unacceptable work or improper materials and equipment. 9 FORM GENCON 100914 11/10/2014 11:01:26 am 4.4.4 Approved Materials. Owner's Approved Materials List is found at www.citvofwpb.org/engineering/ 4.4.5 Samples. Where samples are required, samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into the Work without such review. At least fifteen (15) calendar days shall be allowed for Owner's review. 4.5 SUBSTITUTION. 4.5.1 Substitutions are changes in materials, equipment,, methods or sequences of construction, design, structural systems, mechanical, electrical, or other requirements of the drawings or specifications. The naming of a specified product of specific manufacturers for equipment or materials in the specifications or Contract Documents shall be interpreted as establishing a minimum standard of quality and performance. It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified, unless the equipment or materials are specifically designated as not permitting substitution. If Contractor objects to equipment or materials specifically designated as not permitting substitution as not being suitable for the Work, Contractor shall promptly " notify Engineer/Architect in writing, absent which, Contractor shall be deemed to accept the suitability of such equipment or materials for the work. Contractor shall provide written justification and explanation of the objections. Upon receipt of a timely objection notice, Engineer/Architect shall review the objection and render a determination to Contractor of whether a substitute will be permitted. 4.5.2 Contractor may make substitutions only with the consent of Owner, after evaluation by the Engineer/Architect, and in accordance with a change order or construction change directive. The burden.of proof that such an item offered is equal in all respects to that specified shall be Contractor's. By making a request for substitution,the Contractor represents: - Contractor has investigated the proposed substitute item, material and/or process and determined that it is equal or superior in all respects to that specified; - That such item will fit into the space allocated; - That such item affords comparable ease of operation, maintenance and service; - That the appearance, longevity and suitability for the climate are comparable; - That by reason of costs savings, reduced construction time or similar demonstrable benefit,the substitution of such item will be in Owner's interest; - There will be no detrimental impact to the project schedule; - That the Contractor will provide the same or better warranty for the substitute item as the specified item; - That the cost data presented at the time of request for review is complete and includes all related costs under the Contract, including costs for review by design professionals, and Contractor waives all other claims for additional costs related to the substitution that are not presented with the request. 4.5.3 All requests for substitutions shall be in writing, with supporting information, shall be submitted by and at the expense of Contractor. Contractor shall submit drawings, samples, data and additional information as may be required by Owner or Engineer/Architect. At least twenty (20) calendar days shall be allowed for Owner's review. 4.5.4 The above representations do not obligate Owner to consent to the substitution. Owner or its Engineer/Architect shall make the determination as to the acceptability of any substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of the Contract. Contractor shall coordinate the change with all trades and bear the expense for any changes in other parts of the work caused by any substitution. 4.5.5 Contractor may make only two requests for substitution in the same category. Contractor shall be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution requests or in modifying any of the Contract Documents to accommodate the substitution, unless otherwise approved by Owner. 10 FORM GENCON 100914 11/10/2014 11:01:26 am 4.6 QUALITY ASSURANCE 4.6.1 Contractor shall develop, implement and maintain a plan for the Work with quality assurance and management and control of the construction services. Contractor shall maintain a continuous presence at the Work site and an adequate inspection system and perform such inspections as will assure that the Work performed conforms to the requirement of the Contract Documents. 4.6.2 Contractor shall allow the Engineer/Architect full access.to the Work for inspection of the Work. When requested by Engineer/Architect, the Contractor shall meet with Engineer/Architect at reasonable times and furnish all information requested. Neither Owner nor Engineer/Architect shall be liable to Contractor for compensation or claims for delay or interference on account of any such meeting, or the supply of information, or tests or inspections. The activities of the Owner and/or the Engineer/Architect in administration of the Contract or in performing tests or inspections shall not relieve the Contractor of its obligations to perform the Work in accordance with the Contract Documents. 4.6.3 Warranty. Contractor warrants to Owner that the Work will conform to the requirements of the Contract Documents and will be free from defects. Work, materials or equipment not conforming to these requirements may be considered defective. Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or subcontractors, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. Warranty by the Contractor shall not be construed as a waiver by the Owner of any other remedy. 4.7 PERMITS AND FEES. 4.7.1 All permits or licenses necessary for the performance of the Work or required by law or ordinance, including building permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise provided in the Contract Documents. Contractor shall be responsible for all governmental fees, including but not limited to utility fees and connection fees. 4.7.2 Building Construction. For construction of a building, Owner shall be responsible for all City of West Palm Beach construction plan and permit review fees 4.7.3 Surface and Subsurface Water. Contractor shall obtain all permits required from each applicable regulatory agency with respect to the control of surface and subsurface water by Contractor during the work, with copies submitted to Owner, unless otherwise provided for in Supplemental Conditions. p 4.7.4 Inspection Fees. Contractor shall be responsible for all inspection fees charged by regulatory/governmental agencies. 4.7.5 Right-of-Way Permit. For street and utility construction and as otherwise applicable, Contractor shall obtain a City of West Palm Beach right-of-way permit for each required road closure. Contractor shall submit detailed Maintenance of Traffic (MOT) plans, signed and sealed by a professional engineer, for each phase of the Work. During the times Contractor is working in the project area, Contractor shall utilize flagmen, traffic control devices and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans shall be reviewed and approved by Owner prior to implementation of work by Contractor. Contractor shall not close or obstruct any highway, road or other property until the necessary permits have been obtained. 4.7.6 Contractor shall immediately remedy any permit violations and shall be responsible for any damages, remediation, fines or penalties assessed by such agencies for permit violations. _ 11 FORM GENCON 100914 i 11/10/2014 11:01:26 am 4.8 NOTICE TO PROCEED, SCHEDULE: DELAYS 4.8.1 Notice to Proceed. Contract times will commence to run on'the date indicated in the Notice to Proceed issued by Owner, unless otherwise provided in the Contract Documents. 4.8.2 Commencement of Work. If a performance/payment bond(s) or public construction bond is required by the Contract Documents, Contractor may not commence any Work until Contractor has provided Owner with a certified copy of the performance/payment bond(s) evidencing that such bond(s) have been recorded with the Clerk of the Court in the Public Records of Palm Beach County. 4.8.3 Project Schedule. Within ten (10) calendar days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the Owner and to Engineer/Architect, for review and approval, a project schedule utilizing the Critical Path Method (CPM) graphically depicting the activities contemplated to occur as a necessary.incident to performance of the work required to complete the project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively) of each such activity. The construction schedule shall be complete in all respects, covering approvals, mobilization and demobilization, construction and Owner occupancy, in addition to activities and interfaces with other contractors at the work site, offsite activities such as design, fabrication, allowance for weather delays (if appropriate), submittals, procurement and jobsite delivery of Contractor furnished material and equipment, and shall have a completion date that corresponds to the Contract Documents. By executing the Contract, Contractor confirms that it is capable of properly completing the Work within the completion date set forth in the Contract Documents. The time limit for the completion of the work as described in the Contract Documents is of the essence of the Contract. - 4.8.4 Contractor shall take all actions necessary to remain on schedule, at Contractor's sole cost and expense, including but not.limited to: 1. Increase manpower as necessary to eliminate work backlog. 2. Increase the number of working hours per shift, shifts per working day, working days per week, construction equipment, or any combination of the foregoing to recover the schedule. 3. Reschedule the work in conformance with specification requirements. 4.8.5 Testing & Inspections. Contractor must provide a minimum of five (5) calendar days prior notice for specified testing or inspections that are to be performed by Owner or separate contractors. Such notice, testing and inspections shall be included in the Contractor's schedule. 4.8.6 Monthly Construction Schedule. For Projects with schedules exceeding 160 calendar days, or where required by the Contract Documents for shorter duration projects, at the end of each calendar month, Contractor shall prepare a separate construction schedule, formatted to fit in a three-ring binder, to show the actual progress of the Work performed and the occurrence of all events which have affected the progress of performance of the Work already performed or will affect the progress of the performance of the Work yet to be performed, in contrast with the CPM schedule and planned progress of performance of such Work. Each such schedule shall be submitted to the Owner and Engineer/Architect. Failure of the Contractor to prepare and submit the monthly construction schedule(s) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be sufficient cause to terminate the Contract or to withhold payment to the Contractor until a. current monthly schedule is submitted. 4.8.7 Notice of Delay. The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and Engineer/Architect of the delay, in writing, within five (5) calendar days of a commencement of delay or knowledge of a potential delay. The monthly construction schedule does not constitute notice of delay. A breach and default of contract shall result from Contractor's failure to provide the Owner and Engineer/Architect with notice of the delay and failure to take all remedial actions available to recover the project schedule. 12 FORM GENCON 100914 11/10/2014 11.01.26 am 4.8.8 Delay. A. Contractor shall not be entitled to an adjustment in contract time or contract price for delays within the control of, or reasonably foreseeable by, Contractor. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of Contractor. B. Contractor may request an extension of time to the project schedule if Contractor is delayed in the progress of the Work due to causes beyond the control of Contractor and not reasonably foreseeable, including but not limited to, fire, flood, epidemic, terrorist acts, abnormal weather conditions, acts of God, delays of utility owners, any act or neglect of Owner, or by any separate contractor employed by Owner or by any changes ordered in the Work. Abnormal weather conditions are a substantial variation from seasonal average weather conditions occurring for a significant period of time and operations were necessarily affected. Contractor shall support a claim of abnormal weather conditions with local US Weather Bureau climatological report for the period involved plus a report indicating the average weather conditions for the past 10 years from the nearest reporting station. C. Contract time will not be adjusted for delay in delivery where the delivery was not . properly scheduled or an order was not placed at an appropriate time to allow delivery or an order was improperly placed. D. No time extension will be granted for delays resulting from improper scheduling of Contractor's forces or those of separate subcontractors. E. No time extension will be granted to delays from failure to have shop drawings or samples submitted to the Engineer/Architect in ample time for a review, or from failure to schedule inspections or testing. ° F. Delays caused by subcontractors will be considered for time extensions only under the same conditions applicable to Contractor. 4.8.9 Extension of Time. The project schedule may only be changed by an executed Change Order. In the event of a claim of delay in the work, by causes beyond Contractor's control and which could not reasonably be foreseen, Contractor must request an extension of the contract completion date in writing and must provide the following information to Engineer/Architect and Owner within five (5) calendar days of commencement of the delay: 1. Confirmation whether all schedule updates, submittals and other conditions of the Contract have been met; 2. Affirmative representation that the delay is beyond the control of Contractor and subcontractors and due to no direct or indirect fault of Contractor. Contractor shall include all documentation to justify the delay. 3. Nature of the delay. 4. Dates of commencement/anticipated end of delay. 5. Evidence that the delayed work results in a direct delay to the schedule critical path- 6. List of tasks/work affected by the delay. 7. Anticipated extent of delay. 8. Remedial actions taken to get back on schedule. 9. Recommended action to minimize delay. 10. Confirmation that Contractor has used all the float time available for the work involved in the delay request. 11. Such other supporting information as requested by Owner or Engineer/Architect. Contractor acknowledges that the evaluation of time extensions will be based on the above information. Owner will not consider a claim for time extension which does not comply with the preceding requirements. 4.8.10 If Owner approves a Change Order extending the Contract time, such extension of Contract time shall extends the project construction schedule and completion date and substantial completion date for such reasonable time as Owner shall determine in the Change Order. 13 FORM GENCON 100914 11/10/2014 11.01.26 am 4.8.11 Contractor agrees to complete the Work and project in accordance with the agreed construction schedule, as amended by any approved and duly executed Change.Orders. 4.8.12 Waiver. Contractor agrees that failure to timely request a time extension constitutes a waiver by Contractor of such claim for time extension. 4.8.13 Float. Neither the Owner nor the Contractor shall be considered to own the schedule "float"time. 4.8.14 No Damages for Delay: Exclusive Remedy. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner, Engineer, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, remobilization or demobilization costs, subcontractor delay claims, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the work, whether such delay is avoidable or unavoidable. 4.9 SURVEY; LINES, GRADES, LEVELS AND DIMENSIONS 4.9.1 The Contractor shall locate and lay out all work from datum and dimension points given on the Construction Drawings. Contractor shall establish and verify lines and grades, levels, elevations and dimensions, as required. Contractor shall take measurements and verify dimensions of existing and new work. Contractor is responsible for the preservation of all lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor or any of its subcontractors move or destroy or render inaccurate any such lines, points and elevations. The Contractor shall provide five (5) calendar days written notice to the Engineer/Architect as to its needs for lines, levels, elevations or dimensions. 4.9.2 If the Contractor, in the course of the work finds any discrepancy between the Construction Drawings and the physical conditions of the site, or any errors or omissions in the specifications or in the layout as given, Contractor shall immediately inform the Engineer/Architect and the Owner, in writing, and the Engineer/Architect will review the same and provide corrective instructions, if any are necessary. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 4.9.3 Survey. Where applicable to the Work, and unless otherwise specified, the Engineer/Architect shall furnish all land survey control points, base lines and benchmarks for the location of the Work. The Contractor shall be responsible for any necessary surveying services, including construction layout and final project record drawings. All survey work shall be performed by an independent, third party surveyor licensed to practice in the State of Florida, hired by Contractor and surveys shall be signed and sealed. All elevations shall be based on State Plane Coordinates NGVD-29. 4.9.4 For street, utility and other horizontal construction, where Contractor-supplied drawings are required for planning or performance of the Work, such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as field connections for installation. Such drawings shall be submitted by and at the expense of Contractor. At least fifteen (15)calendar days shall be allowed for review by Owner. If drawings show variations from the Contract requirements, the Contractor shall describe such variations in writing at the time of submission. Review and permission to proceed by Owner does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials developed or selected by the Contractor and does not relieve Contractor from full compliance with the Contract Documents. 14 FORM GENCON 100914 11/10/2014 11:01:26 am 1 4.10 RECORD DOCUMENTS: 4.10.1 Record Set. The Contractor shall maintain at the work site one (1) copy of all permitted Construction Drawings and specifications, marked and kept current, to indicate all field changes, and selections made during construction. Contractor shall at all times give the Owner, the Engineer/Architect and all trades performing at the project, access thereto. The record set shall include: a. Construction Drawings b. Specifications c. Addenda d. Change orders and other modifications to the Contract e. Approved shop drawings, product data, and samples f. Permits 4.10.2 The Record set and As-Built Construction Drawings shall neatly, correctly and accurately show all changes made during construction from the Contract Documents and shall reflect surveyed information. The indicated revisions shall be neat and legible. 4.10.3 Final As-Built Documents. Prior to final inspection, Contractor shall provide Owner with "Record" or final"as-built" Construction Drawings and specifications, including all documents listed above, and which comply with the following requirements: - One complete set of mylar or paper marked-up as-built construction drawings with "RECORD" or"AS BUILT"clearly printed on each sheet and signed by Contractor; -One complete paper set of marked-up specifications with "RECORD" or "AS-BUILT" clearly printed on the cover. - One electronic copy of all documents, signed and sealed drawings and specifications in ".pdf' format; - As-built survey, where applicable, prepared by an independent third party land surveyor registered with the State of Florida on State Plane Coordinates certifying the elevation and location of improvements; - For street, utility and other horizontal construction, certified drawings showing horizontal and vertical locations, lines and grade of buried pipe line(s) four (4) inches or larger in diameter and exterior to buildings, and other buried facilities (e.g. valves, tanks, vaults, storm inlets, ducts, etc.) installed or discovered as a result of the Work and which comply with Owner's Final Record Drawing Requirements found at www.citvofwpb.org/engineering/. - For street, utility and other outdoor horizontal construction, certified drawings showing building corners, sidewalks, paved areas and the location of all above ground structures within the project site. -A list of each piece of equipment incorporated into the Work having an individual value of$500 or greater. The list shall include, at a minimum, manufacturer, make and model number, catalog number, supplier, quantity installed, and value of equipment, and operation and maintenance manuals and warranties where appropriate for such equipment. 4.10.4 Final pay request and connections to any existing utility main will not be approved until final as-built drawings are reviewed.and accepted by Engineer/Architect. 4.11 WORK SITE 4.11.1 Access. Contractor's access to the site and storage areas shall be as shown on the Construction Drawings and as designated by the Owner. Access routes may also be used by Owner and its,employees and other contractors. No other access points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel. The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic. In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to which the work is to be done, Contractor shall comply with all such conditions or restrictions. Any delay in the furnishing of 15 FORM GENCON 100914 11/10/2014 11:01:26 am these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. 4.11.2 Owner Access. Owner, and its duly authorized employees, the Engineer/Architect, and representatives of all governmental agencies having jurisdiction over Work areas or any part thereof, shall, at all reasonable times, have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner and Engineer/Architect to have access at all reasonable times to all places where equipment or materials are being manufactured, produced or fabricated for use under the Contract. 4.11.3 Contractor Area; Staging Area; Storage. Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its office, storage, assembly, equipment and parking, as appropriate, to the areas so assigned. The Contractor shall identify, at the pre-construction meeting, proposed locations for secure storage areas for materials, equipment, employee and subcontractor parking, and, where applicable, staging areas, construction trailers, etc. The use of private property shall be at the cost of the Contractor. Contractor shall provide evidence of the property owner's agreement to use said property to the Owner. As a condition of final payment, Contractor shall provide Owner with written release from the property owner advising that the property owner has no claims against Contractor arising out of Contractor's use of the private property. 4.11.4 Delivery Unloading & Storage. Contractor shall, at its expense, receive, unload, and store in a secure place, all materials, plant and equipment required for the performance of the Contract. Any material and equipment to be stored outside which are subject to degradation by outside exposure shall be stored in a weather-tight enclosure provided by Contractor at its expense. Where necessary, delivery of materials, plant or equipment from off-site storage to the work site shall be at Contractor's expense. 4.11.5 Utilities. Unless otherwise provided in the Contract Documents, Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas, including, but not limited to: construction power, water as required throughout construction, and telephone service, if needed. Prior to final acceptance of the work, Contractor shall, at its expense, remove all temporary utilities. 4.11.6 Sanitary Facilities. Where required by the work site, Contractor shall provide and maintain daily adequate sanitary facilities for the use by the Contractor's labor force. 4.11.7 Fire Protection. All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. Contractor shall provide portable fire extinguishers, properly labeled, located and compatible with the hazard of each work area and shall instruct personnel in their use. 4.11.8 Illumination. When required, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on satisfactorily and safely. 4.11.9 Dust Control. Contractor shall, at its expense, take measures to minimize the amount of dust created by construction activities. For street, utility and other horizontal construction, this requirement applies to all excavations, roads, plant sites, borrow areas and all other work areas. Code- required or industry-accepted methods of dust control suitable for the area involved and approved by Owner will be permitted. 4.11.10 Noise Control. The Contractor shall make every effort to minimize noises caused by Contractor's operations. Equipment shall be equipped with silencers or mufflers designed to operate with the least possible noise in compliance with Federal, State and local laws and regulations. 4.11.11 Pollution Control. Contractor shall, at its expense, perform its.Work so as not to discharge from any source into the atmosphere, or any body of water, or the ground or groundwater, any source, smoke, dust or other contaminants in violation of the federal, state, and local pollution laws, rules, regulations and orders (collectively, the "discharge law"). Contractor shall, at its expense, provide 16 FORM GENCON 100914 11/10/2014 11:01:26 am suitable facilities to prevent any such discharges. In the event of a discharge which results in contamination of the site or adjacent properties, Contractor shall immediately notify Owner and the appropriate governmental authority and shall take whatever action is necessary, required by discharge law or desirable to remediate the contamination at Contractor's sole expense. Contractor shall pay all fines, penalties and damages resulting from any such discharges. Contractor shall indemnify and hold harmless Owner from any expense, fine, penalty, obligation, action or liability resulting from such discharge and remedial actions. 4.11.12 Existinq Utilities and Substructures. For street, utility and other horizontal construction, Contractor shall be responsible for locating existing utilities and facilities prior to commencement of work. Contractor shall contact all utility companies and call SUNSHINE at (800) 432-4770 at least 48 hours prior to commencement of construction work, so utilities can locate and protect facilities, if required by the utility company. 4.11.13 Florida Lumber. Whenever available, Contractor shall use lumber, timber and other forest products produced and manufactured in Florida provided the price, fitness and quality of such products are equal to substitute products. (F.S. 255.20(3)). 4.11.14 Cuttinq and Patching. Contractor is responsible for all cutting, drilling, patching, fastening or anchoring of all new and existing construction required to complete the Work. Contractor shall not damage any portion of the Work or existing construction or work of other contractors except with . the written consent of Owner and any separate contractor. Contractor shall restore all area to the conditions existing prior to the cutting, drilling, patching, fastening or anchoring, unless otherwise required by the Contract Documents. 4.11.15 Cleaning Up. Upon completion of any portion of the Work, Contractor shall remove at its own expense from Owner's property all temporary structures, equipment and surplus materials not required for later stages of work, rubbish, and waste materials resulting from its operations. Contractor shall clean the site and shall remove stains, spills and other foreign deposits. Contractor shall not burn waste materials at the site, shall not bury debris or excess materials and shall not discharge volatile or other harmful or dangerous materials into the environment. Contractor shall remove temporary protection devices unless otherwise directed by Owner. For street, utility or other horizontal construction, Contractor shall sweep paved areas and rake clean landscaped areas. Any costs incurred by Owner as a result of Contractor's failure to clean up shall be deducted from the contract price. 4.11.16 Debris Disposal. All debris shall be legally disposed of at licensed disposal site(s). Contractor shall make its own arrangements, at its own cost, for-the lawful disposal of rubbish and waste materials. If requested by Owner, Contractor shall provide evidence of proper disposal. 4.11.17 Salvage. Owner reserves the right to retain any surplus or salvage materials. Contractor shall store or re-locate any materials to be retained by Owner as directed by Owner. 4.11.18 Water Catchment Area. The City is the owner of the Water Catchment Area located in Palm Beach County, Florida (the "Water Catchment Area"). The Water Catchment Area serves as a natural surface water supply source for the City of West Palm Beach and has been designated as a Class I potable water supply pursuant to the Special Laws of the Florida Legislature, Ch. 67-2169, as amended, and is protected by State and Federal laws. Grassy Waters Preserve and the M-Canal are part of the City's Water Catchment Area. If the work site is within the Water Catchment Area, Contractor's work an activities in the Water Catchment Area shall in no way be inconsistent with the Special Act or the laws and regulations governing water supply sources. 4.12 PROTECTION OF THE WORK AND PROPERTY. 4.12.1 The Contractor shall be solely responsible for initiating and continuously maintaining adequate protection of all work from damage, loss, theft or damage from whatever cause, and shall take all reasonable precautions to protect the property of the Owner and third parties from damage, theft, 17 FORM GENCON 100914 11/10/2014 11:01:26 am injury or loss arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with respect to prevention of damage. 4.12.2 Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to Owner within three (3) calendar days of each incident. 4.12.3 For street, utility and other horizontal construction, Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the site, which, as determined by Owner, do not reasonably interfere with the performance of the Work. ' Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in as good condition as it was prior to beginning of the Contract. Where practical, Contractor shall erect a temporary fence around the work site. 4.12.4 For street, utility and other horizontal construction, existing utilities and facilities shall be located prior to commencement of Work. Contractor shall video tape the existing surface conditions of the Work site and adjacent areas before commencing Work, after each discrete portion of the Work and when project is complete. Contractor shall submit two (2) copies of the video tape to the Engineer/Architect prior to submittal for final payment. 4.12.5. Risk of Loss. Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner, the Contractor shall have full and complete charge and shall bear all risk of loss of, and injury or damage to, the Work performed under this Contract, or any portion thereof, including materials and equipment, and Owner-furnished supplies and equipment, from any cause whatsoever. Contractor shall rebuild, repair, restore and make good any damages, injury, or loss to the work and to the property of the Owner or third parties, except such as may be directly due to errors in the Contract Documents which the Contractor could not have discovered through due diligence, or caused by agents or employees of the Owner, unless such loss or damage would be covered by any policy of insurance maintained by the Contractor. All costs in connection with any repairs or restoration necessary or required as a result of damage shall be borne by Contractor. 4.13 CONCEALED OR UNKNOWN CONDITIONS. 4.13.1 If Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents, or(2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, or(3)are not observable prior to bidding or inferable by the type of construction, the Contractor shall promptly provide written notice to the Owner and Engineer/Architect before conditions are disturbed, and in no event more than three (3) calendar days after first observance of the conditions. The Engineer/Architect will promptly investigate such conditions and, if the Engineer/Architect determines that the conditions are a material difference which will cause an increase or decrease in the Contractor's costs or time required for performance of the Work, will recommend an equitable adjustment in the contract price or contract time, or both. Any such recommended adjustment must be approved by Owner through.issuance of a Change Order to be effective. If the Engineer/Architect determines that the conditions do not materially differ from those indicated in the Contract Documents, or that no equitable adjustment is justified, the Engineer/Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Engineer/Architect's determination or recommendation, that party may proceed to mediation as provided in GC 17.7; however, the parties shall mutually agree on an independent third party professional engineer to serve as mediator. 4.13.2 Contractor shall not be entitled to any adjustment in the contract price or contract time if Contractor' knew of the existence of such conditions at the time of submission of a bid or becoming bound under the Contract; or the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation or test of the site by Contractor, as indicated in the 18 FORM GENCON 100914 11/10/2014 11:01:26 am Contract Documents, prior to making such commitment; or Contractor failed to give written notice as provided in GC 17.1. 4.13.3 If, in the course of the Work, Contractor encounters human remains or recognizes the existence of burial markers or archaeological sites not indicated in the Contract Documents, the Contractor shall immediately suspend any Work that would affect the remains or sites and shall notify the Owner and Engineer/Architect. The Owner shall take any action necessary to obtain the authorization required to resume Work. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner, but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the contract price or contract schedule arising from the existence of such remains or features may be made as provided in GC 8.2. 4.14 SAFETY 4.14.1 Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner, Contractor shall take all necessary precautions for the protection of all persons involved in the Work, the public, and all employees or representatives of Owner. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor will provide to each worker on the job site the proper safety equipment for the duties being performed by the worker and will not permit any worker on the job site who fails or refuses to use the safety equipment. All work and all equipment, machinery, materials and tools shall be in compliance with and conform to all applicable laws, ordinance, rules and regulations. 4.14.2 For Work impacting streets and public rights-of-way, Contractor shall provide and maintain flagmen, traffic control devices, barricades, signs and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans shall be reviewed and approved by Owner. 4.14.3 If Owner or Engineer/Architect observe an unsafe or hazardous condition at the Work site, such hazard or safety condition shall be brought to the Contractor's attention. Contractor shall stop Work until such hazard or safety condition is remedied by Contractor. 4.14.4 Hurricane Plan. If any Work is to be performed during hurricane season, Contractor shall provide Owner with Contractor's hurricane plan prior to the commencement of any Work. The hurricane plan shall describe the actions to be taken to secure the work site(s) in the event a named tropical storm or hurricane is predicted to affect the project work area. Contractor shall abide by Owner's requirements, Required Storm Preparation Process, found at www.citvofwpb.org/engineerin-q Explosives and Hazardous Materials. Contractor shall obtain all required federal, state and local permits and licenses and shall be responsible for the safe and proper handling, transportation, storage and use of any explosive or hazardous material brought onto or encountered within the site. The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered on the site. Contractor shall maintain and post as necessary, Material Hazard Data Sheets for all applicable hazardous materials used in the course of the Work. In the event that hazardous material is improperly handled or stored by the Contractor or its sub-contractors, which results in contamination of the site, Contractor shall immediately notify the Owner and the appropriate governmental authority and shall take whatever action is necessary, required by law, regulation or order, or desirable to remediate the contamination at the Contractor's sole cost and expense. Contractor shall indemnify and hold harmless the Owner from any expense, fine, penalty or obligation, action or liability resulting from such contamination and remedial actions. 4.15 PROGRESS; REPORTING 4.15.1 Weekly Reporting: Copies of all daily reports prepared by the Contractor and his subcontractors shall be submitted to the Owner on a weekly basis for the preceding seven (7) calendar days. 19 FORM GENCON 100914 11/10/2014 11:01:26 am 4.15.2 Bi-Weekly Reporting: Contractor shall be required to submit to Owner, on a bi-weekly basis, two (2) copies of 8 1/2"x 11" color photographs indicating the progress of the Work over the preceding fourteen (14) days and identifying the dates that the Work shown was performed. 4.15.3 Progress Meetings. The Contractor shall, at its expense, attend any and all meetings called by the Owner to discuss the Work under the Contract. The Owner, or its Engineer/Architect, will distribute typed minutes of each meeting to all attendees. Failure of Contractor to promptly object to the typed minutes shall constitute Contractor's agreement with the content of the typed minutes. 4.15.4 If at any time Contractor's actual progress is inadequate to meet the completion time requirements of the Contract and this lack of progress is the sole fault of the Contractor, Owner may so notify Contractor who shall thereupon, at its expense,take such steps as may be necessary to improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion with the times scheduled and Contractor fails to take reasonable actions to timely cure, Owner may declare a default of the Contract. 4.16 SHOP DRAWINGS, SAMPLES AND SUBMITTALS 4.16.1 Contractor shall prepare and keep current for Engineer/Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer/Architect reasonable time to review submittals. 4.16.2 Contractor shall approve and submit to the Engineer/Architect those shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of separate contractors. Contractor shall perform no portion of the Work for which shop drawings, product data, samples or other submittals are required by the Contract Documents until such submittal has been reviewed and approved by Engineer/Architect. 4.16.3 Contractor represents by submitting the shop drawings, product data, samples and similar submittals that Contractor has reviewed them for conformance to the Contract Documents, and verified the materials, measurements and field criteria related thereto. 4.16.4 Contractor shall not be relieved of responsibility for conformance to the Contract Documents by Engineer/Architect's approval of show drawings, product data, samples or similar submittal, unless Contractor has specifically informed Engineer/Architect of such variance or deviation at the time of submittal and either: (i) the Engineer/Architect has given written approval of the specific deviation as a minor change in the Work; or (ii) a Change Order or Constructive Change Directive authorizing the deviation has been issued. Engineer/Architect's approval does not relieve Contractor of responsibility for errors or omissions in shop drawings, product data, samples or similar submittals. 4.16.5 Contractor shall make any corrections to the submittal required by Engineer/Architect and shall resubmit revised submittals for review. Contractor shall direct specific attention, in writing, to any revisions other than the corrections called for by Engineer/Architect on previous submittals. In the absence of such written notice, Engineer/Architect's approval does not apply to such unidentified revisions. GC 5 INSPECTION &TESTING 5.1 INSPECTION: 5.1.1 ' Access for Inspection. Owner, Engineer/Architect and their representatives shall at all times have access to the Work whenever it is in preparation or progress. Contractor shall give the Engineer/Architect timely notice of its readiness for inspection when the Contract Documents or 20 FORM GENCON 100914 11/10/2014 11:01:26 am applicable laws, ordinances, or any public regulatory entity require any Work to be inspected by the Engineer/Architect. 5.1.2 Regulatory Inspection by City. Should Contractor require inspection by City staff, in its regulatory capacity, on days the City is closed for regular business or after 3:30 pm on regular work days, Contractor shall be required to reimburse the City for staff overtime or additional costs. 5.2 TESTING. 5.2.1 If the Contract Documents or applicable laws, ordinances, or any public regulatory entity require any Work to be specially tested or approved, Contractor shall make arrangements for such tests or inspections with an independent testing laboratory or entity acceptable to Owner and shall give the Engineer/Architect timely notice of the date fixed for such testing. Contractor shall be responsible for all costs of testing, inspections and approvals. Tests and inspections shall be made promptly to avoid delays in the Work. 5.2.2 Unless otherwise provided in the Contract Documents, shop testing of material, equipment or Work shall be performed by Contractor at its expense and in accordance with the technical specifications. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary to permit tests to be performed on materials or work in place, including reasonable stoppage of Work during testing. 5.2.3 If any Work should be covered up prior to any required inspection or test by Owner or Engineer/Architect, it must be uncovered for inspection and properly restored at Contractor's expense. If any Work not required to be inspected or tested is covered up and Engineer/Architect specifically requests to inspect such Work, Contractor shall uncover such Work. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be at Owner's expense, by appropriate Change Order. If such Work is not in accordance with the Contract Documents, the costs of uncovering and correction shall be at Contractor's expense. 5.2.4 Should tests in addition to those required by the Contract Documents be desired by Owner, Contractor will be advised in reasonable time to permit such additional testing at Owner's expense, unless additional tests are required due to Contractor's Work or materials having failed any initial test. 5.3. If inspection or testing reveal failure of portions of the Work to comply with the Contract Documents or applicable laws, all costs as a result of such failure, including those of repeated testings and compensation for Engineer/Architect's services and expenses shall be at Contractor's expense. 5.4 Required certificates of testing, inspection or approval shall be secured by Contractor and delivered promptly to Engineer/Architect, unless otherwise provided by the Contract Documents. GC 6 CORRECTION OF WORK 6.1 DEFECTIVE MATERIAL, EQUIPMENT OR WORKMANSHIP. If any material, equipment or workmanship is determined by Owner or Architect/Engineer, either during performance of the Work, during final inspection or during the warranty period, to be defective or not in compliance with the Contract Documents, Owner shall notify Contractor in writing that such material, equipment or Work is rejected and Owner reserves the right to withhold payment on any such item. Contractor shall commence correction of the Work within seven (7) calendar days of written notice by Owner. Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or Work by making the same strictly comply with all requirements of the Contract Documents. All costs of correcting such rejected Work, including additional testing and inspections, uncovering and replacing, and compensation for Engineer/Architect's services and expenses, material, equipment, clean up, debris removal, and safety precautions, shall be at Contractor's expense. If correction of the Work requires 21 FORM GENCON 100914 11/10/2014 11'01'26 am damaging work completed by other contractors, Contractor shall be responsible for the costs to replace such work. 6.2 WARRANTY. Contractor further agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. Owner or Engineer/Architect shall provide Contractor with written notice of non-conformance. If Contractor fails to correct non-conforming Work within a reasonable time after receipt of notice, the Owner may correct the Work. 6.3 ACCEPTANCE OF NON-CONFORMING WORK. If Owner deems it inexpedient to correct Work that has been damaged or that was not performed in accordance with the Contract Documents, Owner may accept such non-confirming work and an equitable deduction from the contract price shall be made for such work. Contractor shall warrant the accepted but non-conforming work in accordance with GC 6.2. 6.4 The Contract Documents and the obligation of Contractor to perform corrective Work survive final completion of the Work and final payment. 6.5 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK. If Contractor should neglect to prosecute the Work diligently in accordance with the Contract Documents, or fail to correct defective or nonconforming Work, or fail to perform any provisions of the Contract Documents, Owner may, after ten (10) calendar days written notice to Contractor and opportunity to cure, make good these deficiencies and may deduct the cost thereof from payment due Contractor. A deductive Change Order shall be issued for the Owner's reasonable costs of correcting or completing the Work, including Owner's expenses and compensation for Engineer/Architect's services and expenses. The Change Order amount shall be subject to review and approval by Engineer/Architect. If payments due to Contractor are not sufficient to cover the Change Order, Contractor shall pay the difference to Owner. Owner's correction of the Work and acceptance of a deductive Change Order shall be without prejudice to any other remedies Owner may have. GC 7 WORK BY OTHERS AT SITE 7.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contract in connection with other portion of the Project or other construction or operations on the site. 7.2 Where the Owner is utilizing its own forces or multiple contracts for the Project, Contractor shall provide reasonable advance notice to Owner and other contractors regarding the Project Schedule and the portions for work to be performed by them. Contractor shall coordinate its construction and operations with Owners and other contractors performing work on the Project. 7.3 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer/Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 7.4 Contractor shall reimburse the Owner for costs incurred by Owner payable t a separate contractor because of Contractor's delays, improperly timed activities, damage to the other contractor's work or defective construction. Owner shall be responsible to Contractor for costs incurred by Contractor because of a separate contractor's delays improperly timed activities, damage to Work or defective construction. 22 FORM GENCON 100914 11/10/2014 11:01:26 am 7.5 If a dispute arises among Contractor and other contractors on site as to the responsibility to maintain the premises, correct work, clean up or take any other action, Owner may take the necessary action and Engineer/Architect will assess the costs to those deemed responsible by.Engineer/Architect. GC 8 CHANGES IN THE WORK 8.1 Owner, without invalidating the Contract Documents may order written additions to or deductions from the Work, the contract price being adjusted accordingly. 8.2 REQUEST FOR CHANGE ORDER. If Contractor believes that a variation or change justifies a modification in the contract price, Contractor may submit a request for Change Order at its expense. If a request for Change Order is made, Contractor is not authorized to vary the Work unless a written Change Order is executed by Owner or written Construction Change Directive is issued by the Engineer/Architect and executed by Owner. No Change Order shall be valid unless executed by the authorized signatory of Owner. 8.3 NOTICE TO ENGINEER/ARCHITECT. Contractor shall notify the Engineer/Architect in writing within seven (7) calendar days of any occurrence which, in the opinion of Contractor, entitles it to claim an adjustment of the Contract price or a time extension, absent which notice, Contractor shall have waived such claim. The Engineer/Architect will provide a.response'to Contractor and Owner with respect to a request for change order within a reasonable amount of time after receipt of Contractor's notice and all necessary backup information required by Engineer/Architect to formulate a response. 8.4 The Engineer/Architect shall not be authorized to bind Owner to change in contract price or contract time. 8.5 CHANGE ORDER. 8.5.1 Execution of any change order by the parties shall constitute a final settlement and release by Contractor of all matters relating to the claim or change in the Work which is the subject of the change order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the contract price and the contract time. 8.5.2 Any change order approved due to price change in materials shall not include a premium, profit or any other additional cost. 8.5.3 A bond rider from the surety shall be submitted to the Owner with each change order that increases the contract price. 8.5.4 The number of change orders to the Contract submitted by Contractor may be considered by Owner in considering other subsequent bids submitted by Contractor. Excessive change orders may also result in suspension from the Owner's future procurements. The determination of excessiveness shall be made solely by Owner considering the scope of work, schedule of bid items, contract price, unforeseen circumstances, and reasons for any change orders. 8.6 CONSTRUCTIVE CHANGE DIRECTIVE. If a change order is not yet approved or cannot be agreed upon, Contractor is authorized, upon issuance of a written construction change directive (CDD) prepared by the Engineer/Architect and approved by Owner, to proceed with such change. If a construction change directive provides for an adjustment to the contract price, the adjustment shall be calculated as follows: - Unit prices as stated in the Contract Documents - Labor at the prevailing hourly basic rates plus applicable multipliers for overtime, weekend and holidays, plus applicable taxes. Mark up on labor is not permitted. Labor shall not include supervision above the project manager. 23 FORM GENCON 100914 11/10/2014 11:01:26 am - Net actual costs of materials including sales tax. - Rental costs of machinery and equipment, excepting hand tools, including fuel. - Reasonable overhead and profit, not exceeding fifteen percent (15%) inclusive of bond rider, permits, insurance, overhead and profit, supervision and general conditions. Or by mutual acceptance of a lump sum properly itemized and supported; Upon approval by Engineer/Architect and Owner as to any adjustments to the contract price and/or contract time for changes performed under a CDD, such approval shall be recorded by the preparation of a Change Order. Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a Change Order. Each CDD shall have a separate change order. 8.7 Commencing Work without a written change order or Construction Change Directive executed by Owner in advance of commencement of work waives any claim by Contractor to an adjustment to the contract price and the contract time. 8.8 MINOR CHANGES IN WORK. Engineer/Architect shall have the authority to order minor changes in the Work, by written direction to Contractor, which do not involve adjustment to the contract price or contract time and which are not inconsistent with the intent of the Contract Documents. A subsequent Change Order shall be executed. 8.9 OWNER'S RIGHT. The Owner reserves the right to perform the requested changes in the Work with its own forces, or to contract with others to perform the changes. GC 9 COMPLETION 9.1 REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION. When Contractor considers the Work to be substantially complete, Contractor will submit to Engineer/Architect, the following items which shall be completed as a condition precedent to Substantial Completion and prior to notice by Contractor of Substantial Completion: A. All general construction completed and the project components shall be clean and all systems fully functional. B. All mechanical and electrical work substantially complete, fixtures in place, connected, cleaned, fully functional and ready for use. C. All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled. D. Project site shall be cleared of Contractor's excess equipment and/or supplies and material. E. Record drawings and specifications meeting the Owner's requirements shall be delivered to Engineer/Architect. The above are also conditions for Final Completion. 9.2 NOTICE. Contractor shall notice Owner and Engineer/Architect when Contractor considers the Work, or a portion thereof which Owner agrees to accept separately, is substantially complete and shall request an inspection. 9.3 SUBSTANTIAL COMPLETION. 9.3.1 If after inspection, the Engineer/Architect finds that the Work is substantially complete, Engineer/Architect shall issue to Owner and Contractor a Certificate of Substantial Completion that shall establish the date of Substantial Completion. 24 FORM GENCON 100914 11/10/2014 11:01:26 am 9.3.2 If Substantial Completion is not obtained at the inspection called by Contractor, for reasons which are the fault of Contractor, any additional cost to Owner for the Engineer/Architect for any subsequent inspections for the purpose of determining Substantial Completion shall be the responsibility and expense of Contractor and shall be assessed against the final payment application. 9.4 INSPECTION AND PUNCH LIST. Within three (3) calendar days of Substantial Completion as determined by Engineer/Architect and Owner, a walkthrough with Contractor shall be scheduled. i. The purpose of this walkthrough is to develop a joint final punch list of items necessary to complete the Work. ii. Said punch list shall be prepared, signed by Engineer/Architect and Owner and delivered to Contractor not later than three (3) calendar days after the walkthrough. Engineer/Architect and Owner shall separately list each item of the punch list required for Final Completion. iii. Any dispute over punch list items shall be mediated between Owner and Contractor with Engineer/Architect acting as mediator to develop an agreed punch list signed by Owner, Contractor and Engineer/Architect no later than nine (9) days from the date of the walkthrough. iv. Agreed punch list items shall be corrected and a final inspection requested by Contractor within thirty (30) days from delivery of the agreed punch list, unless a greater time is provided in the contract. All agreed punch list items shall be corrected by Contractor prior to any request for final inspection and acceptance. If the Contract provides for a multi-phased or multi-structure project, a punch list may be developed for each phase or structure. V. In no event may the Contractor request payment of final retainage under Florida Statutes §218.735(7)(e) until the Contractor considers the final punch list to be 100% complete. vi. Contractor acknowledges and agrees that no item contained on the final punch list shall be considered a warranty item until such time as (a) the final punch list is 100% complete, and (b) Owner has been able to operate or utilize the affected punch fist item for an additional period of fifteen (15)calendar days. vii. Contractor acknowledges and agrees that Engineer/Architect as representative of Owner 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 Engineer/Architect generated lists prior to Substantial Completion is to attempt to streamline the punch list process upon achieving Substantial Completion, and to allow for the Contractor to address needed areas of corrective work as they may be observed by Engineer/Architect during performance of the Work. viii. Contractor acknowledges and agrees that in calculating 150% of the amount which may be withheld by Owner as to any final punch list item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(e), Owner 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 punch list 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 punch list completion. 25 FORM GENCON 100914 11/10/2014 11:01:26 am ix. The failure to include any Work or pending items not yet completed on the punch list does not alter the responsibility of the Contractor to complete all the construction services and Work purchased under the Contract. 9.5. PUNCH LIST RETAINAGE. Following delivery of the punch list, Contractor shall list the estimated cost of completing each item each item of the punch list required for final completion, and submit the list of estimated costs to Owner for Owner's review and determination. Owner may retain a sum equal to 150% of the estimated cost of correcting and completing the unfinished punch list items, as determined by the Owner. Upon completion of all items on the punch list, Contractor may submit,a payment request for all remaining retainage. If a good faith dispute, as determined by Owner, exists as to whether one or more items identified on the punch list have been completed pursuant to the Contract, Owner may continue to withhold up to 150% of the total costs to complete such items(s), as determined by Owner. 9.6 REQUIREMENTS PRIOR TO FINAL INSPECTION. The following items shall be completed as a condition precedent to a request by Contractor for final inspection: 1. Completion of all punch list items recorded from the Substantial Completion inspection. 2. Submittal of any items condition precedent to Substantial Completion that had not previously been submitted. 3. Issuance of all permits and certificates, test certificates, inspections, certificates of occupancy and other approvals and releases by governing authorities required for Owner's occupancy and use of the project. 4. All sets of operation and maintenance manuals and service agreements for all equipment shall have been submitted to Owner, as referenced in the technical specifications. 5. Manufacturers' certifications and warranties and any special guarantees or maintenance agreements shall be delivered to Owner. 6. A complete set of "RECORD" or "AS BUILT" drawings, meeting Owner's requirements. Contractor shall sign each final record drawing and note_ thereon that the final as-builts are complete and accurate. 7. A complete set of marked-up specifications with "RECORD"or"AS-BUILT" clearly printed on the cover. Contractor shall accurately and neatly transfer all deviations from project specifications to final as-builts. 8. A complete set of final shop drawings. 9. For street, utility and other horizontal construction, two copies of the video tape of surface conditions. 10. A signed and notarized affidavit indicating that no asbestos containing materials were used or installed during the course of the Work. 11. A list of each piece of equipment incorporated into the Work having an individual value of $500 or greater. The list shall include, at a minimum, manufacturer, make and model number, catalog number, supplier, quantity installed, and value of equipment. 12. All required spare parts, as well as any special devices and tools and extra stock of materials shall be delivered to Owner. 13. Extra stock of materials or other items paid for by Owner. 14. A deductive change order for any uncommitted contingency or allowance funds has been prepared and submitted in draft. 15. All keys and blanks shall have been provided to Owner. 9.7 FINAL INSPECTION. Contractor shall certify to the Owner and Engineer/Architect in writing that all punch list items have been completed, all requirements for Substantial and Final Completion have been met, and the Work is ready for final inspection. The Engineer/Architect will schedule such inspection with Owner and Contractor. When Engineer finds the Work acceptable under the Contract Documents, completed and all requirements fully performed, Engineer/Architect shall issue a Final Certification to Owner. Should the Engineer consider that the Work is incomplete or defective, the Engineer/Architect will promptly notify the Contractor in writing, listing the incomplete or defective work. The Contractor will take immediate steps to remedy the stated deficiencies and send a second written certification to the Engineer/Architect when the Work is complete. The Engineer/Architect will re-inspect 26 FORM GENCON 100914 11/10/2014 11:01:26 am the Work. Should the Engineer/Architect be required to perform re-inspections due to the failure of the Work to meet Contract requirements, the Owner may deduct the additional costs to Owner from the Contractor's final payment. 9.8 OWNER'S RIGHTS. In the event incomplete, incorrect or defective work is not completed to the Owner's satisfaction within twenty (20) calendar days of the Engineer/Architect's notice to Contractor that the Work is not acceptable, Owner may, after ten (10) calendar days written notice to Contractor and opportunity to cure, make good the deficiencies and may deduct the cost thereof from final payment due Contractor. If payments due to Contractor are not sufficient to cover the costs, Contractor shall pay the difference to Owner. Owner's correction of the Work shall be without prejudice to any other remedies Owner may have. 9.9 FINAL AS BUILT DOCUMENTS. Prior to final inspection, Contractor shall provide Owner with "Record" or "as-built" drawings, specifications and documents which comply and Owner's Final Record Drawing Requirements found at www.citvofwr)b.org/engineering/. 9.10 USE OF COMPLETED PORTIONS. Owner shall have the right to take possession of and use any substantially completed portions of the Work. Such use by Owner shall not be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any Contract Documents provisions; provided that Contractor shall not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use. However, if, in the opinion of Engineer/Architect, such use increases the cost or delays the completion of remaining portions of Work, Contractor shall be entitled to an equitable adjustment under the Contract. GC 10 PAYMENT 10.1 SCHEDULE OF VALUES. Within ten (10) calendar days after the date of the Owner's issuance of a Notice to Proceed, Contractor shall submit for review and approval of Owner and Engineer/Architect, a schedule of values, by phases of work, to show a breakdown of the contract price for the various portions of the Work and corresponding to the payment request breakdown and progress schedule line items. The schedule of values must also show dollar value for each unit of work scheduled. Any Change Orders shall be added as separate line items. This schedule, unless objected to by Engineer/Architect, shall be the basis for reviewing Contractor's applications for payment. 10.2 TAXES. Contractor shall pay all taxes, duties and assessments imposed by law and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall pay all sales taxes. The Contract price shall include all taxes. 10.3 PAYMENT WHERE PERFORMANCE AND PAYMENT BONDS REQUIRED: If the Contract requires Contractor to provide Performance and Payment Bonds, or a Public Construction Bond, no payment shall be made by Owner to Contractor until Contractor has provided Owner with a certified copy of the Performance and Payment Bonds, or a Public Construction Bond evidencing that said bond(s) have been recorded with the Clerk of the Courts in the public records of Palm Beach County. 10.4 PAYMENT REQUESTS. Payment requests shall be submitted on AIA Application for Payment forms and shall be signed and notarized by Contractor. Each payment request shall include the following information: 1. Bid Number 2. Contract Number. 3. Project Number 4. Project Name 5. Owner's representative/project manager 6. Detailed estimate and payment request on a standard AIA form, covering the percentage of the total amount of the work which has been completed from the 27 FORM GENCON 100914 11/10/2014 11:01:26 am start of the job up to and including the last day of the preceding month, together with quantity and unit prices of materials and equipment utilized. 7. The unit cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. 8. Consent of Surety 9. Verification that certified copy(s) of recorded performance/payment bonds provided to Owner If no bonds are required: i) Partial Release of Lien from Contractor ii) Partial Releases of Lien from each sub-contractor on the payment request 10. Subcontractor Utilization Report. 11. Release from private property owner if Contractor utilized private property for storage or staging. 12. Such other supporting evidence as may be required by Owner and/or the Engineer/Architect to support Contractor's payment application; 10.5 INITIAL PAYMENT. Prior to submittal of its initial payment request, Contractor shall have submitted the following items to the Engineer/Architect and Owner: 1. Certified copies of the Performance and Payment bonds, or Public Construction bond, recorded in the public records. 2. List of subcontractors and suppliers 3. Project schedule 4. Schedule of values 5. All current certificates of insurance 6. Designation of Contractor's Project Manager The initial payment request will not be accepted unless all of the above items have been received by Engineer/Architect and Owner. 10.6 PROGRESS PAYMENTS. All payment requests are required to be submitted in draft form, at least ten (10) calendar days in advance and not more than once each month, via email to the Owner and Engineer/Architect or Owner's agent identified in the Contract or by other written notice. If no payment bond is recorded, original partial releases of lien from Contractor and all subcontractors included in payment request shall accompany the payment request. If payment bond is recorded, partial consent of surety for payment shall accompany the payment request. After review and approval of the draft, Contractor shall prepare and submit an original payment request, in duplicate: one set to the Owner's agent/Engineer/Architect and one set to City of West Palm Beach — Accounts Payable, PO Box 3366,West Palm Beach, FL 33402-3366. The Owner will not be responsible for any delay in payment by the City if Contractor submits his estimate and invoice to any other address. Payment will be made in accordance with the Local Government Prompt Payment Act. (F.S. 218.70). 10.7 DECISION TO WITHHOLD CERTIFICATION OF PAYMENT REQUESTS. 10.7.1 Engineer/Architect may withhold payment requests, in whole or in part, to the extent reasonably necessary to protect the Owner. If the Engineer/Architect is unable to certify payment in the amount of the application, the Engineer/Architect or Owner shall within twenty (20) calendar days advise Contractor of the reasons for withholding certification, in whole or in part, and the actions necessary to make the payment request proper. The Engineer/Architect will promptly certify payment of the amount which the Engineer/Architect can certify. 28 FORM GENCON 100914 11/10/2014 11:01:26 am 10.7.2 If Contractor takes action to make the rejected payment request proper and re-submits for approval of the whole or portion previously rejected, Engineer/Architect and Owner shall reject or accept the payment within ten (10) calendar days. 10.7.3 The Engineer/Architect may nullify, in whole or in part, any payment application previously certified to such extent as may be necessary, in the Engineer/Architect's opinion, to protect the Owner for loss for which the Contractor is responsible, including: - Defective work not remedied; - Failure of Contractor to make payments to subcontractors; - Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract price; - Damage to the Owner or a separate contractor; - Reasonable evidence that Owner will have a claim for liquidated damages and,the unpaid balance of the contract price will not be adequate to cover liquidated damages or other amounts due to Owner from Contractor; - Repeated failures to carry out the Work in accordance with the Contract Documents. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. 10.8 RETAINAGE. 10.8.1 In accordance with the Local Government Prompt Payment Act, until the project is determined to have reached fifty percent completion, Owner shall withhold retainage of ten percent(10%) from each progress payment paid to Contractor based on Contractor's estimate and invoice as approved by the Engineer/Architect. 10.8.2 Upon 50% completion of the project the retainage withheld from each subsequent progress payment will be reduced to five percent (5%) as provided for by Florida Statute §218.735(8)(b). "Fifty percent completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporated and which will remain in place subsequent to final completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractors mobilization, general conditions,,supervision or like items which do not involve permanent incorporation of Work do not apply to the determination of fifty percent completion of the Work for purposes of establishing entitlement to a reduction of retainage. It is agreed that the Engineer/Architect shall have the right to finally determine when fifty percent completion has been achieved. (F.S. 255.078). 10.8.3 After the project is determined to have reached fifty percent completion, and unless otherwise prohibited by the terms of any federal grant funding the project in whole or in part: i) Owner shall withhold retainage of five percent (5%) from each progress payment paid to Contractor based on Contractor's estimate and invoice as approved by the Engineer/Architect; and ii) Contractor may present to.Owner a payment request for up to half(50%) of the retainage previously held by Owner (50% of the 50% retainage already withheld—Not 50% of total retainage). If Owner has grounds under Florida law to continue to retain all or a portion of the requested retainage, Owner may continue to hold all retainage_ If the Work is not on schedule when request for payment of retainage is submitted, Owner may continue to hold all retainage. 10.9 PAYMENT TO SUBCONTRACTORS. Contractor shall pay its subcontractors within ten (10) calendar days, of receipt of payment from Owner and shall not withhold payments to sub-contractors. Should this occur for any reason, Contractor shall immediately return such monies to Owner, adjusting pay requests and project bookkeeping as required. 10.10 FINAL PAYMENT. Upon completion of all requirements for substantial completion and final completion, issuance of a Final Certification by Engineer/Architect, compliance with all project closeout requirements and submittal of all of the following items, Contractor may submit its final payment request. The final payment request shall include the following items: 29 FORM GENCON 100914 11/10/2014 11:01:26 am 1. Final Certification by Engineer/Architect 2. Certified copy of punch list stating each item has been completed or otherwise resolved and accepted. 3. Final Statement of Accounting reflecting: a. original contract price b. each approved Change Order (with quantity and unit prices where applicable) C. allowances, if applicable d. deductions for uncorrected work e. deductions for liquidated damages f. deductions for re-inspection costs g. deductions for re-testing costs due to failed tests h. other adjustments i. adjusted contract price j. payments made k. any pending payment requests I. sum remaining due to Contractor 4. Final Change Order, if applicable, reflecting approved adjustments to the Contract price not previously made by Change Order. 5. Consent of surety for final payment. 6. If no payment bond is recorded, Lienor's Affidavit from Contractor that all payrolls, bills for material and equipment and other indebtedness connected with the Work have been paid or satisfied; 7. If no payment bond is recorded, original releases of lien from Contractor and all subcontractors 8. Certificate of Insurance evidencing continuation of any liability coverage on claims made basis, which shall remain effective for five (5) years after final payment. 9. Written release of claims from any private property owner for use of private property for storage or staging. 10. All pre-requisites for Substantial Completion and Final Completion have been met. The making and acceptance of the final payment shall constitute a waiver and release of all claims by Contractor, except those previously made in writing and still unsettled. If Contractor fails to submit all documents required for final payment within one year after Final Certification any amounts owed as final payment shall be forfeited. Owner shall provide written notice to Contractor at least sixty days prior to forfeiture. Forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedings. 10.11 FINAL PAYMENT TO SUBCONTRACTORS. Final payment may be made to certain select sub contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon receipt of advance written consent of Surety, or applicable releases if no performance/payment bonds. 10.12 ALLOWANCES. Contractor shall include in the contract price all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct. 10.13 CONTINGENCY FUNDS. ALL CONTINGENCY SUMS ARE OWNER'S CONTINGENCY AND REMAIN THE PROPERTY OF OWNER UNTIL EXPENSE IS APPROVED. The contract price shall not include any contingency amounts. If the Contract or schedule of values includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the Owners' funds. Owner may approve use of contingency funds only for the purpose of defraying the expenses due to 30 FORM GENCON 100914 11/10/2014 11:01:26 am unforeseen conditions, extra work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use the by Contractor to cover short falls in Contractor's bid amount, and not for use by Owner to increase the scope of work. Contractor shall obtain prior written approval from Owner prior to the expenditure of contingency funds and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances prior to the release of such funds by Owner. All uncommitted contingency funds remain the funds of the Owner. 10.14 WITHHELD PAYMENTS. Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect Owner if: a. Defective work or material is not remedied. b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against Contractor. C. Failure of Contractor to make payments to sub-contractors or for material or labor. d. Damage to another contractor. e. Contractor is in default of any Contract condition, including schedule. f. Contractor fails to submit information required by the Contract. g. Contractor consistently fails to perform work in accordance with the Contract Documents. h. Owner has reasonable doubt that Contract work can be completed within the schedule or for the balance of the Contract price which remains unpaid. i. Contractors insurance coverage lapsed. j. Owner has a right to claim liquidated damages. When the above grounds are removed or Contractor.provides a Surety or Performance Bond satisfactory to Owner, which will protect Owner in the amount withheld, payment shall be made for amounts withheld because of them. 10.15 LOCAL GOVERNMENT PROMPT PAYMENT ACT. Payments shall be made in accordance with the provisions of the Local Government Prompt Payment Act, F.S. 218.70 et seq. Interest, if any, shall accrue as provided in said Act. GC 11 BONDS 11.1 PERFORMANCE& PAYMENT BONDS (if required) 11.1.3 Public Construction Bond. In accordance with the provisions of F.S. 255.05, or if required by the Contract Documents, Contractor shall provide, on forms furnished by Owner, a public construction bond in an amount not less than the total contract price by a surety company acceptable to Owner. The bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its bond: "The Surety expressly agrees to be bound by all terms and conditions related to liquidated, delay and time or impact-related damages. Surety shall be bound by the warranty or warranties contained in the contract documents and shall be responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the contract. The Surety waives all rights against Owner and its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under this Bond, including claims by Surety against Owner for costs it asserts were not warranted by the contract documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by Owner as fiduciary." r 31 FORM GENCON 100914 11/10/2014 11:01:26 am The bond shall also cover payments to all claimants, as defined in Section 255.05(1), Fla. Stat., supplying Contractor with labor, materials, or supplies, used directly or indirectly in the Work provided for in the Contract. 11.1.3 Performance& Payment Bonds. Owner may, in its sole discretion, accept a performance bond and a payment.bond, which include the terms and provisions set forth in this condition, in lieu of the public construction bond. 11.1.4 Recordinq of Bond. Within ten days of receipt of the fully executed contract, Contractor shall record its bond(s) in the public records of Palm Beach County and provide a certified copy of the recorded bond to Owner. Owner will not process payment requests unless Owner has received certified copy of recorded bond(s). 11.2 SURETY. 11.2.1 To be acceptable to Owner, a Surety Company shall comply with the following provisions: (1) The surety company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The surety company shall have a currently 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. (3) The surety company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid/request for proposals is issued. (5) The surety company shall have at least the ratings of A-/Class V. (6) The surety company shall not expose itself to any loss on any one risk in an amount exceeding ten (10%) percent of its surplus to policyholders. 11.22 If at any time the Owner shall deem any of the sureties upon such bond(s) to be unsatisfactory, or if for any reason such bond shall cease to be adequate security for the Owner, Contractor shall, within five (5) days after notice from Owner, furnish a new or additional bond in full sum as shall be satisfactory to Owner. No payments shall be due nor made to Contractor unless and until such new or additional bond shall be furnished and approved. The premium for such new or additional bond shall be paid by Contractor. GC 12 LIENS AND RELEASES OF LIENS. (if no recorded payment bond) 12.1. Where public construction bonds have not been recorded by the Contractor, neither the final payment nor any part of the retainage shall become due until Contractor shall deliver to Owner complete releases of all claims or liens arising out of the Contract Documents, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed. Contractor shall use Owner's forms for all releases of liens. All releases are required to have original signatures. All values on lien releases shall be consistent with the subcontracts. 32 FORM GENCON 100914 11/10/2014 11:01:26 am 12.2. Contractor may, if any sub-contractor refuses to furnish a release or receipt in full, furnish a bond satisfactory to Owner, to indemnify Owner against any claim or lien (in cases where such payment is not already guaranteed by Surety or payment bond), along with a consent of surety to such payment. 12.3 In case of disputed indebtedness or liens, Contractor may submit in lieu of evidence of payment, a surety or bond satisfactory to Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by a surety or bond. 12.4. If any claim or lien remains unsatisfied after all payments are made, Contractor shall refund to Owner all moneys that Owner may be compelled to pay in discharging such a lien, including all costs and reasonable attorneys'fee. GC 13 INSURANCE: INDEMNIFICATION 13.1 INSURANCE. 13.1.1 All Insurance Policies shall be issued by companies that (a):are authorized to transact business in the State of Florida,(b)have agents upon whom service of process may be made in Palm Beach County, Florida,and(c)have a best's rating of A-VI or better. 13.1.2 All Insurance Policies shall be endorsed to provide that: i. Contractor's Insurance is primary to any other Insurance available to the additional insured(s) with respect to claims covered under the policy and: ii. Contractor's insurance applies separately to each insured against who 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. Self- insurance shall not be acceptable. 13.1.3 Additional Insured. All required insurance (except Worker's Compensation and Professional Liability) shall include an Additional Insured endorsement identifying Owner (City of West Palm Beach) and the City Commission and its officers, agents, employees as additional insureds.. Additional insureds are defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Contractor, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured's own acts, actions, omissions, negligence. No costs shall be paid by Owner for an additional insured endorsement. 13.1.4 Required Coverage: Contractor shall maintain following liability coverage, in the limits specified: COMMERCIAL GENERAL LIABILITY Contractor shall carry Commercial General Liability Insurance for all operations including but not limited to Contractual, Products and Completed Operations and Personal Injury with limits of not less than Three Million Dollars ($3,000,000) (aggregate) and Two Million Dollars($2,000,000) per occurrence combined single limit for bodily injury and property damage. The insurance policy must include coverage that is no more restrictive than the latest edition of the commercial general liability policy, without restrictive endorsements and the policy must include coverage 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, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed. BUSINESS AUTOMOBILE LIABILITY INSURANCE: Contractor shall carry business automobile liability insurance with minimum limits of Two Million Dc rs($2,000,000) per occurrence, combined single limits bodily injury liability and property damage. The policy must be no more restrictive than 33 FORM GENCON 100914 11/10/2014 11:01:26 am the latest edition of the business automobile liability policy without restrictive endorsements and must include owned vehicles and hired and non-owned vehicles. WORKERS' COMPENSATION: Workers' Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $1,000,000 "each accident," $1,000,000 "disease policy limit,"and $1,000,000 "disease each employee." 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. Contractor agrees to name and endorse the City, and the City Commission and endorse the City, and the City Commission and their officers, agents, employees and City Commission members as additional insureds. Additional insured is defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Contractor, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured's own acts, actions,omissions, negligence. BUILDERS RISK: Not less than the value of the Work under construction and facilities under the"custody and control"of Contractor. . POLLUTION: Not less than$3,000,000 IF hazardous materials, including lead, asbestos, PCBs or other pollutants may be present.(If required) Any other or special insurance requirements will be addressed in the Contract Documents. 13.1.5 Certificate of Insurance. Contractor shall provide the City Risk Manager or the City Contract Manager with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required by this article within three (3) calendar days of Contractor's receipt of Notice of Intent to Award the contract and, at any time thereafter, upon request by the City. It is the Contractor's responsibility to ensure that the Risk Manager and the Contract Manager both have a current Insurance Certificate and endorsements at all times. 13.1.6 Notice. Contractor's Insurance Policies shall be endorsed to provide The City with at least thirty (30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits. Notice shall be sent to: City of West Palm Beach Attn: Purchasing Division 401 Clematis Street West Palm Beach, Florida 33401 13.1.7 Coverage Period. a. 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 coverage may be met by keeping the policies in force,or by obtaining an extension of coverage commonly known as a reporting endorsement of tail coverage. b. In 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. 34 FORM GENCON 100914 11/10/2014 11:01:26 am 13.1.8 Renewal of Insurance: Contractor shall be responsible for assuring that the insurance certificate/endorsements required in conjunction with this section remains in force for the duration of the contractual period. If the insurance certificate/endorsements are scheduled to expire during this period, Contractor shall be responsible for submitting a new or renewed.insurance certificate/endorsements to City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificate/endorsements are not replaced with a new or renewed certificate which covers the contractual period, City shall suspend this Agreement until such time as the new or renewed certificate/endorsements are received by City. 13.1.9 Minimum Coverage: Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as is available to him under any other provisions of this Agreement or otherwise in law or equity. 13.1.10 Subcontractors. Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who are engaged in the Work. 13.1.11 The provisions of this General Condition shall survive the expiration or termination of the Contract. 13.2 INDEMNIFICATION. Contractor shall indemnify and hold harmless the Owner, its commissioners, officers, employees and agents, from and against any and all claims, obligations, liability, expenses, losses and causes of action, including attorneys' fees and costs, to the extent the same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the commissioners, officers, employees or agents of either, while engaged in or about the performance of the Work; or while in or about the project site or premises; or (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of Owner, Owner's agents, servants, or other contractors of Owner; or (iii) arising out of the violation of federal, state, county or municipal laws, ordinances or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the performance of the Work. The extent of Contractor's indemnification shall be limited to one and one-half times the contract price or $1 million per occurrence, whichever is greater. This paragraph shall not be construed to require Contractor to indemnify Owner for Owner's own negligence, or intentional acts of the Owner, its agents or employees. Nothing in this paragraph shall be construed as a contractual waiver by Owner of the limits of sovereign immunity under Sec 768.28, Florida Statutes. This paragraph shall survive the expiration or termination of the Contract. (725.06 F.S. and 768.28 F.S.) GC 14 SUBCONTRACTORS AND SUPPLIERS 14.1 LIST OF SUBCONTRACTORS AND SUPPLIERS. Unless otherwise required to be specified in Contractor's Bid, within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall furnish to the Owner in writing the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) whom the Contractor will engage as sub-contractors or suppliers for the project. The Contractor shall not change such sub-contractors or suppliers without written notice to Owner, and shall not contract with a proposed person or entity to whom the Owner has made reasonable and timely objection in writing, after such notice. The Contractor understands and agrees that the Contractor alone is responsible to the Owner for all of the Work under the Contract and that any review of subcontractors, sub-subcontractors or suppliers by the Owner or Engineer/Architect will not in any way make the Owner responsible to any subcontractor or sub- subcontractor or suppliers. 14.2 WRITTEN SUBCONTRACTS. By appropriate written agreement, the Contractor shall require each subcontractor, to the extent of the work to be performed by the subcontractor, to be bound to the 35 FORM GENCON 100914 11/10/2014 11.01.26 am Contractor by terms of the Contract and Contract Documents, including but not limited to the insurance requirements for workers'compensation and general liability coverage. The Owner shall be named as an intended Third Party Beneficiary in all subcontractor agreements provided such naming shall not create privity of contract between Owner and subcontractor. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the work to be performed by the subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with sub-subcontractors. The Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the subcontractor will be bound, and, upon written request of the subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed sub-subcontractors. Contractor shall include in all subcontracts a provision requiring the subcontractor to consent to an assignment of the subcontract to the Owner. Contractor shall, upon request, provide copies of all subcontracts to Owner. 14.3 REQUIRED WAIVER. All subcontracts shall provide the following exact language: "Sub-contractor"expressly waives any claims for damages which it may suffer by reason of delay caused by events beyond its'control, including delays claimed to be caused by the Owner or its Engineer/Architect and agrees that its exclusive remedy shall be an extension of its contract time." 14.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS. Each subcontract agreement is assigned by the Contractor to the Owner, provided that the assignment is effective only after termination of the Contract by Owner for cause and only for those subcontract agreements that the Owner accepts by giving notice to the subcontractor and Contractor in writing; and subject to the prior right of the surety, if any. 14.5 DISPUTES. Any disputes which may arise between the Contractor and any subcontractor must be resolved between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes between Contractor and its subcontractors. GC 15 ENGINEER/ARCHIECT'S STATUS. 15.1 Engineer/Architect will provide observation of the Contractor's activities and progress of the Work. The Engineer/Architect will make inspections of all construction, draft change orders, and verify and certify partial and/or final payments due to the Contractor, as provided in the Contract Documents. The Engineer/Architect may, during the life of the Contract issue additional instructions, by means of drawings, minor change orders or otherwise, necessary to illustrate changes in the Work. 15.2 Engineer/Architect will review and take appropriate action regarding Contractor's submittals such as shop drawings and samples, but only for the limited purpose of checking for conformance with the Contract Documents. Review of such submittal is not conducted for the purpose of determining the accuracy and completeness of other details, such a dimensions and quantities of for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor pursuant to the Contract Documents. Engineer/Architect's review does not relieve Contractor of its obligations under the Contract Documents. Engineer/Architect's review does not constitute approval of, and Engineer/Architect shall not give directions regarding, any construction means, methods, techniques, sequences, procedures, assembly or safety precautions. 15.3 Engineer/Architect shall have authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract or to protect the public and/or property. Engineer/Architect shall also have authority to reject all work, materials and equipment which do not conform to the Contract Documents and to decide questions raised by Contractor which arise in the execution of the Work. 36 FORM GENCON 100914 11/10/2014 11:01:26 am 15.4 Owner retains the sole authority to modify or extend the authority of the Engineer/Architect. 15.5 Engineer/Architect will make decisions in writing on all claims of the Contractor, and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. All such decisions of the Engineer/Architect shall be final. GC 16 TERMINIATION OR SUSPENSION 16.1 OWNER'S RIGHT TO TERMINATE FOR CAUSE. 16.1.1 Owner may terminate the Contract for cause if Contractor: A. Fails to supply enough properly skilled workers or proper materials; B. Fails to cure deficiencies after notice as provided in the Contract Documents; C. Fails, except in cases for which extension of time is provided, to maintain an established schedule thirty (30) calendar days behind a critical path activity), D. Fails to make prompt payments to subcontractors or for material, equipment or labor; E. Repeatedly disregards applicable laws, codes, ordinances, regulations or permit requirements; F. Fails to perform the Work consistent with the requirements of the Contract Documents; G. Materially fails to comply with substantial and final completion dates as required in the Contract Documents; H. Abandons or refuses to perform any portion of the Work; I. Is otherwise in substantial breach of the Contract Documents; J. Files a bankruptcy petition or has a bankruptcy action commenced against it that is not discharged within thirty (30) calendar days, or make an assignment for the benefit of its creditors, or has a receiver appointed to manage Contractor's assets, or is otherwise becoming insolvent. 16.1.2 When any of the above reasons exist, Owner may, without prejudice to any other right or remedy, and after giving Contractor and its Surety seven (7) calendar days written notice, terminate the employment of Contractor and, subject to any prior right of the surety: (i) Exclude the Contractor from the site and take possession of the premises and of all materials, equipment, tools and appliances thereon owned by Contractor; (ii) Accept assignment of subcontract pursuant to GC 13.2 and (iii) Finish the Work by whatever reasonable means Owner deems expedient. 16.1.3 When Owner terminates for cause, Contractor shall not be relieved from any of its obligations under the Contract Documents, and shall not be entitled to receive any further payment until Owner's costs to complete the Work is determined. In no event shall Contractor receive any payment for Work finished by Owner. 16.1.4 Owner shall determine its costs incurred. in completing the Work, including fees and charges to contractors, fees of Engineer/Architect, attorney and other professional fees, court costs and other damages incurred by Owner. Owner shall not be required to obtain the lowest price for the work to be performed, but the costs paid by Owner' must be reasonable. If the unpaid balance of the contract price shall exceed the Owner's costs to finish the Work, the excess shall be paid to Contractor. If Owner's costs exceed the unpaid balance, Contractor shall pay the difference to Owner. This obligation for payment shall survive termination of the Contract and final payment. 16.1.5 Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect 37 FORM GENCON 100914 11/10/2014 11:01:26 am 16.1.6 If Contractor's surety is directed or agrees to complete the Work, then all payments due after termination shall be made to the surety until the Work is complete and/or the Contract price has been expended. The surety shall then be responsible for all of the obligations and duties of Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Contract and the Bond to fulfill all obligations of the Contract Documents for the contract price in effect as of termination. The surety may not assign those obligations without the written consent of Owner. The surety shall be responsible for the payment of all costs relating to the termination of the employment of Contractor. Contractor and its surety shall be jointly and severally liable for all costs in excess of the contract price for completion of the Work and for liquidated damages. 16.1.7 If, upon termination for cause it is determined that Contractor was not in default, the rights and obligations of the parties shall be as if the notice of termination has been issued for Owner's convenience. 16.2 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE. 162.1 Suspension for Owner's Convenience. Owner may, at any time, without cause, order Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as Owner may determine, for Owner's convenience. If Owner orders a suspension, the contract price and contract time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible; or that an equitable adjustment is made or denied under another provision of the Contract. 16.2.2 Termination by Owner for Convenience. Owner may, at any time, without cause, order terminate all or a portion of the Contract for Owner's convenience. Upon such termination, the contract price earned to the date of termination shall be paid to Contractor, but Contractor waives any claim for damages, including loss of profits arising out of or related to the early termination. Contractor may not recover overhead or profit for work not performed. Those Contract provisions which by their nature survive final payment shall remain in full force and effect. 16.3 CONTRACTOR OBLIGATIONS UPON TERMINATION. Upon receipt of written notice from Owner of termination, Contractor shall: (i) cease operations as directed by Owner in the notice; (ii) take actions necessary, or that Owner may direct for the protection and preservation of the Work; (iii) except for Work directed to be performed prior to the effective date of termination stated in the notice, and if directed by Owner, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and (iv) turn over all marked up Construction Drawings and record set documents showing progress to date. Owner may assume and become liable at is sole discretion for obligations, commitments and unsettled contractual claims that Contractor has previously undertaken or incurred in good faith in connection with said project. Owner shall reimburse Contractor for any unpaid and earned cost of the project as of the date of termination, less damages or setoffs applicable under the Contract Documents. Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as Owner may require for the purpose of fully vesting in him the rights and benefits of Contractor under such obligations or commitments. 16.4 TERMINATION BY CONTRACTOR. The Contractor may terminate this Contract if the Work is stopped for a period exceeding 30 consecutive days, through no fault of act of Contractor or subcontractor or their suppliers or other person or entities performing Work under direct or indirect contract with Contractor, if order of a court or other pubic authority having jurisdiction requires all Work to be stopped; or an act of government, such as declaration of emergency, requires all Work to be stopped. GC 17 UNEXCUSED DELAY: LIQUIDATED DAMAGES 17.1 LIQUIDATED DAMAGES. If the actual completion date for substantial completion or final completion occurs later than the time indicated in the Contract Documents or later than the scheduled 38 FORM GENCON 100914 11/10/2014 11:01:26 am completion date if a duly authorized change order for time is issued, liquidated damages in the amount(s) set forth in the Contract Documents shall be paid by Contractor for unexcused delay in performance of the Work. The reasonableness of the amount is agreed. No liquidated damages shall be charged for periods of authorized delay or suspension. Contractor agrees that Owner's actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums established in the Contract Documents are reasonably related to what damages Owner may suffer and are enforceable liquidated damages and not penalties. Notwithstanding the above, Contractor agrees that liquidated damages do not include additional costs invoiced by Engineer/Architect to Owner for extended professional services arising out of an unexcused delay, and Contractor agrees to reimburse Owner for such actual costs incurred in addition to payment by Contractor of any liquidated damages. Owner is entitled to deduct any liquidated damages to which Owner is entitled from the final payment to Contractor. If the amount of liquidated damages due to Owner exceeds the final payment amount, Contractor shall pay the difference to Owner. This obligation for payment shall survive termination of the Contract and final payment. Owner does not waive any rights or other remedies under the Contract by the collection of liquidated damages. Liquidated damages will continue to be charged to the contract in the event of Contractor's default and continuation of the Work by Owner or surety. Owner may waive any portion or all of its claim for liquidated damages upon completion of the Work. 17.2 NO DAMAGES FOR DELAY. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner, Engineer/Architect, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, remobilization or demobilization costs, subcontractor delay claims, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the Work, whether such delay be avoidable or unavoidable. GC 18 CLAIMS AND DISPUTES 18.1 NOTICE OF CLAIMS OR DISPUTE. Claims or disputes by the Contractor must be initiated by written notice to Owner with a copy sent to Engineer/Architect. Unless otherwise specifically provided by law, claims must be initiated within twenty-one (21) calendar days after occurrence of the event giving rise to such claim or within twenty-one (21) calendar days after the Contractor first recognizes the condition giving rise to the claim, whichever is later. 18.2 CONTINUING PERFORMANCE. In the event of any claim or dispute, Contractor shall continue to diligently make progress on all Work, unless otherwise directed by Owner, and Owner shall continue to make payments in accordance with the Contract Documents. If the dispute regards payment or money, Contractor shall be obligated to proceed with all Work without waiving its claims under dispute. 18.3 DECISIONS ON CLAIMS. Engineer/Architect will make decisions in writing on all claims of the Contractor regarding performance under and the requirements of the Contract Documents, and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents..The Engineer/Architect will review the claim and within fifteen (15) calendar days of receipt of the claim (or receipt of additional supporting information or data), take one or more of the following actions:(1) request additional information or supporting data from either party; (2) approve the claim; (3) reject the claim in whole or in part; (4) suggest a compromise; or (5) advise the parties that the Engineer/Architect is unable to resolve the claim if the Engineer/Architect lacks sufficient information to evaluate the claim, or if the Engineer/Architect concludes that it would be inappropriate for the Engineer/Architect to resolve the claim. If the Engineer/Architect requests a party to supply additional information, such party shall respond and provide any requested information within ten (10) calendar days. The Engineer/Architect's written decision shall notify the parties of any change in the Contract 39 FORM GENCON 100914 11/10/2014 11:01:26 am Time or Contract Price or both. All such decisions of the Engineer/Architect shall be final and binding, but subject to mediation. 18.4 DECISIONS ON AESTHETICS. The Engineer/Architect's decision on matters relating aesthetic effect will be final if consistent with the intent of the Contract Documents and may not be appealed, mediated or litigated. 18.5 PAYMENT DISPUTES. With respect to disputes regarding payment requests, Owner shall review the payment application with Engineer/Architect and provide an opportunity for Contractor to state its claim within forty-five (45) calendar days after the date the rejected payment request was last received by Engineer/Architect. The final decision of Owner shall require approval by the City Administrator and be made within sixty (60) calendar days after the date the rejected payment request was last received by Engineer/Architect. 18.6 SUBCONTRACTOR DISPUTES. Any disputes which may arise between the Contractor and any subcontractor must be resolved between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes between Contractor and its subcontractors. 18.7 MEDIATION. Notwithstanding any other provision, the parties agree that any unresolved dispute or claim shall be mediated. Any claim for mediation shall be made in writing within fifteen (15) calendar days of Engineer/Architect's written decision on the matter, or shall be waived. The Engineer/Architect shall serve as the mediator; however, with respect to disputes regarding the Work, the punch list or any other requirement for final completion, if the Engineer/Architect is an employee of Owner, the parties may mutually agree to have an independent professional engineer or professional construction mediator serve as the mediator. Notwithstanding, an initial decision by the Engineer/Architect shall be required as a condition precedent to mediation. The Owner and Contractor shall share the mediator's fee and any filing fees equally. The mediation shall be held in Palm Beach County. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 18.8 - WAIVER OF ARBITRATION. Owner and Contractor agree and expressly waive any and all provisions regarding arbitration, including any and all provisions regarding arbitration as a condition precedent to litigation contained elsewhere in any Contract Documents. 18.9 LEGAL REMEDIES. Owner and Contractor may exercise those legal remedies in the District Court for Palm Beach County, Florida, as may be available to them with respect to any dispute arising out of the Contract Documents for which the Engineer/Architect's decision is not final and pursuant to the dispute resolution process described in the Contract Documents and which Owner and Contractor are unable to resolve through change order or mediation. An initial decision by the Engineer/Architect shall be required as a condition precedent to litigation. 18.10 Governing Law: Jurisdiction: Venue: Litigation. The Contract Documents shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. Contractor and Owner submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THE CONTRACT DOCUMENTS. GC 19 WARRANTY INSPECTION. Prior to expiration of the warranty period(s), Contractor shall conduct, at its expense, with Owner and Engineer/Architect, a warranty inspection. Additionally, upon receipt of notice from Owner of failure of any part of the guaranteed Work, equipment or materials during the guarantee period, the defective Work, equipment parts or materials shall be replaced promptly with new equipment parts (or new equipment) and materials by Contractor, at no expense to Owner. This provision shall survive expiration or termination of the Contract. 40 FORM GENCON 100914 11/10/2014 11:01:26 am 1 GC 20 ROYALTIES AND PATENTS. Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall defend and hold Owner and Engineer/Architect harmless from and against all claims, obligations, losses, costs, damages and expenses, including attorney fees in connection with any claims or actions based upon infringement of any patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor under the Contract, unless a particular design, process or product of a particular manufacturer is required by the Contract Documents or where copyright violations are contained in the Construction Drawings or specifications prepared by the Engineer/Architect or Owner. If Contractor has reason to believe any required design, process or product is an infringement of a copyright or patent, Contractor shall immediately provide notice to Engineer/Architect. GC 21 LEGAL AND ETHICAL PROVISIONS 21.1 NO VERBAL AGREEMENTS. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. All Contract amendments or Change Orders shall be written and executed by both Owner and Contractor. 21.2 COMPLIANCE WITH LAWS. Contractor shall comply with all applicable City, State and'Federal laws relating to the provision of services under this Contract, now or hereafter in effect. Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. It shall not be grounds for a change order that Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the Work. 21.3 SMALL BUSINESS REQUIREMENTS. Contractor shall comply with the City of West Palm Beach's Small Business Ordinance set forth in Chapter 66 of the City Code, which is incorporated herein by reference. Contractor shall comply with the small business commitment contained in Contractor's Bid, or as approved by the Procurement Division. Contractor shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the Owner to inspect and audit such records. 21.4. ETHICS: CONFLICTS OF INTEREST a. Contractor represents that it has not given or accepted a kickback in relation to the Contract and has not solicited the Contract by payment or acceptance of a gratuity or offer of employment. b. Contractor represents that it has not solicited the Contract by payment of a gift or gratuity or offer of employment to any official, employee of the City or any City agency or selection committee. c Contractor represents that it does not employ, directly or indirectly, the mayor, members of the city commission or any official, department director, head of any City agency, or member of any board, committee or agency of the City. d Contractor represents that it has not knowingly given, directly or indirectly, any gift with a value greater than $100 in the aggregate in any calendar year to the mayor, members of the city commission, any department director or head of any city agency, any employee of the city or any city agency, or any member of a board that provides regulation, oversight, management or policy-setting recommendations regarding the Contractor or its business. e. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect,which would conflict in any manner with its performance under the Contract. 41 FORM GENCON 100914 11/10/2014 11:01:26 am o ' f In the event Contractor is permitted to utilize subcontractors to perform any work under the Contract, Contractor agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this condition. 21.5. LOBBYING CERTIFICATION. Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with the Contract will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 21.6 NON-COLLUSION. Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other bidders or contractors. (F.S. 838.22). 21.7 PUBLIC ENTITY CRIMES. By executing a Contract with Owner, Contractor certifies that Contractor, its affiliates, suppliers, subcontractors and consultants who will perform under the Contract have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date of the Invitation to Bid and that execution of the Contract will not violate the Public Entities Crimes Act (Sec. 287.133, Florida Statutes. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21.8 SCRUTINIZED COMPANIES. For Contracts over $1 million, in accordance with Sec. 215.473 Fla. Stat., Contractor certifies that at the time of bid or contract, Contractor is not a Scrutinized Company on the Contractors with Activities in Sudan List or the Activities in the Iran Petroleum Energy Sector List and does not engage in business operations in Cuba or Syria. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21.9 UNAUTHORIZED ALIENS/PATRIOT'S ACT. The knowing employment by Contractor or its subcontractors of any alien not authorized to work by the immigration laws or the Attorney General of the. United States is prohibited and shall be a default of the Contract. Contractor shall take all commercially reasonable precautions to ensure that it and its sub-contactors do not employ persons who are not authorized to work by the immigration laws or the Attorney General of the United States. Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing and relating to Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (the "Executive Order") and/or the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, as amended and reinstated (the "Patriot Act"). Contractor represents it is not a Prohibited Person under the Executive Order or Patriot Act. 21.10. NON-DISCRIMINATION. In performing under the Contract, Contractor shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability, familial status, marital status or sexual orientation. 21.11 APPRENTICES. If Contractor employs apprentices on the project, the behavior of Contractor and Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the State of Florida Department of Labor and Employment Security. Contractor will include a provision similar to the foregoing sentence in each subcontract. 21.12 AVAILABILITY OF FUNDS. The Contract is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the Owner.. If funding for the Contract is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or paid for in succeeding fiscal years. In the event funds to finance the Contract 42 FORM GENCON 100914 11/10/2014 11:01:26 am become unavailable, Owner may terminate the Contract upon no less than twenty-four (24) hours notice to Contractor. The Owner shall be the sole and final authority as to the availability of funds. 21.13 RIGHT TO AUDIT. Contractor shall maintain adequate records of the services for at least five (5) years from project occupancy. Owner, during Contractor's business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit Contractor's books and records, at Owner's expense, with regard to the accounts and services provided to or on behalf of Owner under this Contract to ensure that all aspects of the Contract are being met. Contractor shall allow the Owner or its representative to interview all current or former employees to discuss matters pertinent to the Contract. If an audit inspection in accordance with this condition discloses overpricing or overcharges (of any nature) by Contractor to Owner in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City's Internal Audit department shall be reimbursed to the City by the Contractor and (2) a 15% penalty of the overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and penalties shall be made by the Contractor within 45 days from presentation of City's findings to Contractor. Failure by Contractor to permit such audit shall be cause for termination of this Contract by Owner. In addition to the foregoing, Contractor consents to the Owner requesting from the insurance carriers confirmation of all fees paid to Contractor arising out or related to the City's insurance coverages during the term of the Contract. 21.14 INSPECTOR GENERAL. 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 the Contract, and may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be a material breach of the Contract justifying its termination. 21.15 INDEPENDENT CONTRACTOR. Contractor represents that it is properly experienced, licensed, equipped and financed to perform the work. Contractor acknowledges and agrees that it is an independent contractor of Owner and is not an employee of Owner and shall maintain control over its employees, subcontractors and work methods. Contractor more specifically acknowledges that it: will not be eligible to participate in any employee benefit maintained by Owner; will not be covered by Owner's workers'compensation insurance; and,will be solely and exclusively responsible for payment of all federal' and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by Owner to Contractor under the Contract. 21.16 LIENS. Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless, Contractor agrees to keep the project, the buildings thereon and the property free of liens for or on account of any work done or materials furnished under the Contract. In the event any such lien is filed, Contractor shall, within five (5) days after written notice by Owner, discharge the lien(s) or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s) and cause the Clerk of the Circuit .Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to so discharge or bond the lien(s), Owner shall have the right, but not the obligation, to discharge or bond the lien(s) and shall have the right to retain out of any payment then due or thereafter to become due to the Contractor, monies sufficient to discharge the amount of such lien(s) and Owner's costs and reasonable attorneys'fees incurred. 21.17 LITIGATION. In the event suit is filed to construe or enforce this Agreement, each party in such suit shall bear its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys' fees and costs through trial and appeal. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION,EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS CONTRACT. 43 FORM GENCON 100914 11/10/2014 11:01:26 am GC 22 MISCELLANEOUS 22.1 NOTICES. All written notices and other communications required or provided for under this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the manner required hereby: to Owner: City of West Palm Beach Attn.: Director of Engineering& Public Works P.O. Box 3366 (401 Clematis Street(33401)) West Palm Beach, FL 33402-3366. to Contractor: [to Contractor at the address listed on the first page of this Contract to the attention of the Project Manager] 22.2 PUBLIC RECORDS. Contractor shall comply with Chapter 1.19, Florida Statutes, regarding access to public records. Failure of compliance may be cause for termination by Owner. 22.3 SPECIFIC WAIVER. Any waiver issued by Owner of any provision of the Contract Documents shall only be effective if issued in writing by Owner and shall be specific, shall apply only to the particular matter concerned, and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in the Contract shall not be construed as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future. 22.4 HEADINGS: INDEX. The headings and the table of contents or index contained in these General Conditions are provided for convenience only. 22.5 INTEGRATION. The Contract constitutes the entire agreement between Contractor and Owner and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. The Invitation to Bid and its terms and conditions are incorporated herein and made a part of this Contract. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. 22.6 SEVERABILITY. The invalidity, illegality or unenforceability of any provision of the Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable provision is not contained herein. 22.7 ASSIGNMENT. Contractor shall not assign the Contract as a whole or in part without the written consent of Owner, nor shall Contractor assign any monies due or to become due to it hereunder without the previous written consent of Owner and its surety. Assigning the Contract shall not relieve Contractor or his surety from any contract obligations. 44 FORM GENCON 100914 11/10/2014 11:01:26 am Master Contract for Utility Construction Services EXHIBIT A %A(LA^h LO G-6.1-X Co Na-%-Ru(-rl Fee Schedule EE i7 E' Im.7-icipg- V 1-4. .0 Road Finishing Crew consisting of a minimum of three(3)experienced operators, includes: motor grader, roller& water wagon when necessary' requested, to prepare a'shell, limerock,or crushed concrete road base, stabilized subgrade& I asphalt roadway wl striping in compliance with the latest City of WPB standard specifications. Payment shall be made by the hour for road finishing crew&shall include. equipment, labor, water, all required testing, and all misc associated costs. Material.not included in this item. XXX HR XXX Crew- Concrete, Ductile Iron, PVC, ODPE, or Metal Pipe Laying: consisting of a foreman(with 30 hrs of OSHA training), 'a minimum of three(3)experienced men, 2 including-layout, excavating,installing, back filling i equipment, and roadway repair necessary for I,aying pipe up to and including 36"diameter. Materials not 0A r-. included in this item. A. Dump Truck, 15-28 cu. yd. capacity when Mr. requested with iternr#2 only. XXX HR XXX Well Point equipment up to 150 points B. complete including pump and jetting equipment when requested with item#2 only(Inc. Dewatering.Permits). XXX HR XXX Crew-Concrete, Ductile Iron, PVC, HDPE, or Metal Pipe Laying: consisting of a foreman (with 30 hrs of OSHA training), a minimum of three(3)experienced men, 3 including layout, excavating, installing; back filling equipment, and roadway repair 3 Ewhir' necessary for'laying pipe greater than 36" up to 84"diameter. Materials not included in this item. XXX HR XXX A. Dump Tr6ck, 15-18 cu. yd. capacity when 6 6- re uested with item#3 only XXX HR XX Well Point Equipment up to 150 points B. complete including pump and Jetting '96 10/4 equipment when requested with item#3 only(including Dewatering Permit). XXX HR XXX Fee Schedule for RFQ 1344-407 1 11/10/2014 11.01-26 am Master Contract for Utility Construction Services Ifen7 °item Descrrp ton tJnl#s; Unit Pt`ae rnowrrt . QUe n_ Four Man Repair Crew, including one }" I Foreman (with 30 hrs of OSHA training) and three experienced skilled tradesman, and all equipment and tools necessary for 4 construction, maintenance,and emergency repairs of facility including Water Treatment Plants, Wastewater Treatment Plants, pump stations, and utility mains. Materials not included in this item. XXX HR XXX A Dump Truck, 15-18 cu. yd, capacity when 6r `= requested with item#4 only. XXX HR XXX Well Point Equipment up to 950 Points B complete including pump and Jetting s equipment when requested with item#4 Goff% only(including Dewatering Permit). XXX HR XXX 1. Remove Existing Roadway pavement 100' S.Y. $ 20'" - $ lop aoo,- -.. Remove Existing Roadway Base 2' (aggregate) 100 S.Y. $ (,.;" - $ J,5 00 Remove Existing Roadway Base 3' concrete 100. S.Y. $ _ 25 - $ 2S-48 4 2-1/2"A.C.S.C. Type S-1, incl. Tack Coats f and Prime Coats 100 S.Y. $ i $ too a - 5 2"A.C.S.C. Type S-111, incl. Tack Coats and Prime Coats 100 S.Y. $ 6. Compacted Crushed Concrete/Limerock Roadway Base(10"thick) 100 S.Y. $ Cl 4 $ q4 o p` - 7. 12"Compacted Subgrade 100 S.Y. $ : .o - $ l Mill and Resurface(up to 1-1/4"A.C.S.C. 8. Type S-1) 400 S.Y. $ p $ 20 o ao' - - - - , Mill and Resurface(up to 1 A.C.S.C. Type 9. S-III) 400 S:Y." $ - 10, Temporary Striping (4+`) 100 LF $ S. $ - 11, Temporary Striping (6") 100 LF $ $ 6o-o- 12. Temporary Striping (12") 100' LF $ (Z $" ( 2oa ^ - 13. . Striping (Thermoplastic, 4") 100 LF $ D $ s'p - 14..__,Striping (Thermoplastic, 6") 1.00, LF $ r $ -7 S`05> - 15. Striping (Thermoplastic, 92") 100 LF $ (o v - $ - 16. Special saw cuts for pavement 50 LF $ Supply and'Installation of FDOT Concrete 1 T Bumper Guard 10 EA $ ZQr�" - $ 2 p c o Furnish and Installation of ADA-compliant 18. detectable surface 50 SF $ Lo- - $A o o o'' Supply and Installation of ADA compliant 19. welded aluminum handrail 25 LF $ l y a - $ 3'.TS'o " 20. 15" RCP, Class III 200 LF Fee Schedule for RFQ 13 714-407 2 11/10/2014 11:01:26 am Master Contract for Utility Construction Services Item. �tm lDescr�pfi'on Est' Ilri�ts I tUn't Pr!ce . ;f A+moun� -- 21. 18":RCP; Class 111 200 LF $ tjs- - $ 22. 24" RCP,'Class III 200 LF' s' 85- - $ 23. 30"RCP, Class 111 100 LF $ o - $ o� - 24. 36"RCP, Class 111 100 LF $ 14 - $ 2 000--- 25. 42" RCP, Class 111 100 LF $ $ fYo®o- 26. 48" RCP,,Class III 100 LF $ I tao _ - $ .l m 00-- 27. 60 RCP, Class 111 100 LF $ ZSo^ - $ - 28. 72"RCP, Class III 100 LF $ 3oo7 - $ 30 PO o _- 29. Adjust Existing Storm Manhole/Inlet Top 25 EA $ $ Z g.aa .301 Storm Inlet, T e:C 15 EA 31. Storm Inlet, Type E 15 EA $ Swo - $ 4' Sp®'= 32. Storm Inlet'T e P-5 16 EA Yp $$ oop - $ o civ'w '33. Storm Inlet, Type'P-6' 15 EA $A oa - $ 1 S o.ao-- Storm Manhole, Type P (3-5'x 6')(up to 6' ' 34. depth) 1 EA $ oO $ 000 Additional depth to Bid Item 34 per'1'foot 34a. increment 1 LF $ 5'00''. - $ S'oo Storm Manhole, Type J (3.5'x6') (up to 6' 35. depth) 1 EA $ $.vaa"-- $ g oeao Additional,depth to Bid Item 35 per-1 foot Ha. increment 1 . LF $ rc>,o_ $ S-o Storm Manhole, Type J (5'X5')(up to 6' 36. depth) 1 EA 1 $ CS'S-oo $ 19 s'o4:- Additional depth to Bid Item 36 per 1 foot 36a. increment LF $.. 570 0� $ - Storm Manhole.,'Type J (6'X6') (up to 6' 37. depth) 1 EA $ 4 oao"= $ 4 a010- - Additional depth to Bid Item 37 per 1 foot 37a. increment 1 LF $ Sao''_ $ 12b"CX1'8"Oval RCP T _ 100 LF $ 80. - $ 39. 4",,C-:900 PVC Water Main 100 LF $ 33- $ 3,16o- 40. 6"C=900 PVC Water Main 100 LF - 41. 8"C=900 PVC Water Main 100 LF $ 40 - $q 0- _ 42. 10"C-900 PVC Water Main _ 10 __ LF.` $ $0- - 43, 12"C-900 PVC Water Main 100 LF $ -- $ 44. 4"`PVC Mega=Lug Kits 50 EA $ I3 o , - $ . s-o o - 45. 6" PVC Mega-Lug Kits 50 EA $ I ,a- - $ o00 - - 46. , 8,, PVC Mega-Lug Kits 50 EA $ 1C.0 - - $ ld.aoD,r - 47. 10" PVC Mega-Lug Kits 50 EA $ 'I?0 - 48. 12" PVC Mega-Lug Kits 50 EA $ $ ( -� 49. 4`' Cement-lined DIP Water Main Class 52 100 LF - $ $c? $_Sp ip, 50. 6"Cement-lined DIP Water Main Class 52 100 LF $ 57S - $ 45_00 51. 8" Cement-lined DIP Water Main Class 52 100 LF Fee Schedule for RFQ 13-14-407 3 11/10/2014 11:01:26 am Master Contract for Utility Construction Services lt�m lfem iDescriptt�rn - a �� iJn�ts; UntwPrtces Amount ; C�uaFit. 10" Cement-lined DIP Water Main Class 52. 52 100 LF $ 1 D o - $. I Q s0 2 12"Cement-lined°DIP Water Main Class 53. 52 100 LF $ 12-o - $ 16"Cement-lined DIP Water Main Class 54. 51 100 LF $ ISO - $ 18"Cement-lined DIP Water Main Class 55. 51 100 LF _ $ 2-0:9, $ 20 cie"s o 56. 20"Cement-lined DIP Water Main Class 51 100 . LF $ 250 $ ZT ,ocsa 24"Cement-lined DIP Water Main Class 57' 51 100 $ LF o _ $.3oc�` . - 3 moo,° _ 30° Cement-lined DIP Water Main`Class 58. 51 100 LF _ 59. 36" Cement-lined DIP Water Main Class 51 100 LF $ a0",__.- $ q0 o 60. 4" Cement-lined DIP Fittings 1 TON $ 10000 $ t 0 0�> - 61.. 6" Cement-lined DIP Fittings 1 TON $ 10'000 $ o 00 62. 8" Cement-lined DIP Fittings 1 TON j 0 63. 10"Cement-lined DIP Fittings 1 TON $ $ 64. 12"Cement-lined DIP Fittings 1 TON $ $ a o a - 65. 16"Cement-lined DIP Fittings 1 TON $ $ 0000 - 66. 18 Cement-lined DIP Fittings - 1 TON $ - 67. 20" Cement-lined DIP Fittings 1 TON $ 0 oo� - $ o O 68. 24" Cement-lined DIP Fittings 1 TON $ 0 o - $ 69. 30" Cement-lined DIP Fittings 1 TON $ 70. . 36" Cement-lined DIP Fittings 1 TON $ 1"'Single Water Service(Type K, up to 71. 10)incl. Meter Box, complete 20 EA $J1`{.0 _ $ 34130- _ Additional length to Bid Item 71 per 1 foot 71 a. increment 40 LF $ 1'Z _ $ 6 1" Single Water Service(Polytube,up to 72` 10') incl. Meter Box complete 20 EA p $ 1, $ 3Z g�,-- Additional length to Bid item 72 per 1 foot" 72a. increment 40. LF r 2"Single Water Service(Type K, up to 73' 10') incl. Meter Box complete 20 EA $ Additional length to Bid Item 73 per 1 foot 73a. increment 40 EA $ -1—P - $ E? 2" Single Water Service(Polytube, up to 74. 10') incl. Meter Box complete 20 EA $,,go - $ Additional length to Bid Item 74 per 1 foot 74a. increment 40 EA - 2"Temporary Water Main incl.temporary 75" fittings and temporary service connections, complete 100 LF $ 15"c> _ $5-0 Do _ Air Release Valve Manhole,complete w/ 76. exterior coating 1 EA 77. Sam le poin t and Bacteriological Testing 10 EA o - Fee Schedule for RFQ 13-14-407 4 11/10/2014 11:01:26 am Master Contract for Utility Construction Services tlt;�tr �j#em Description YEs `Unit Un't`Pnce 1"mount ' Q.uant: 78. 4" R.S G.V.,with Valve Box 1 EA $ 79. 6" R.SG.V.with Valve Box, 1 EA $ 3 Zo o_ - $ - 86. 8"R.S.G.V.with Valve Box 1 EA - t 81. 10" R.S.G.V.-With Valve Box 1 EA $ W ,, $ 82. 12 R.S.G.V.with Valve Box 1 EA $ s ao - $ ��A-�. - 83. 20"R.S.G.V.with Valve Box 1 EA $ $ 40.'o Do '- 84. 24 R.S.G.V.with Valve Box 1 EA $ oo $ -oI _ - 85. 30"R.S.G.V.with Valve Box '1 EA $ G0,0010 - 86. 36"R.S.G.V.with Valve Box 1 EA $ per- $ 87. Fire Hydrant 5. EA $ !0 060 - $ r � PRESSURE PIPE -F,`ORCE"tIfIAIN) � 88. 4" Epoxy-lined DIP Force Main, Class 52 100 LF $ C 51 - $ 89. 6" Epoxy-lined DIP Force Main, Class 52 100 LF $ 70 - $ 2c7)o 90. 8" Epoxy-lined DIP Force Main, Class 52 100 LF $ 75- - $ 91' 10",Epoxy=lined DIP Force Main, Glass 52 100 1F $ 110, - $ I-L0 Qo" 92, 12" Epoxy-lined DIP Force Main, Class 52 100 LF $ V40 $ 93. 16"_Epoxy-lined DIP Force Main, Class 51 100 LF $ 1151 _ $ €VO q 94. 18" Epoxy-lined DIP Force Main, Class 51 100 LF $ 1,3a"r- $ Z3poo~ - 95. 20" Epoxy-llned,DIP Force Main, Class 51 100 LF $ -1 " - $ 2u000- - 96. 24"Epoxy-lined,DIP Force Main, Class 51 100 LF $ 3LW - $ 3y.aot1^ 97. 30 Epoxy-lined DIP Force Main, Class 51 100 LF 98. 36" Epoxy-lined DIP Force Main, Class 51 100 $ SO - $99. 4" E ox -lined DIP Fittin s 1 ;TLF ON p Y 9 $ 5®00 - $ 100. 6" Epoxy-lined.DIP Fittings 1 TON $ 1 S - $ 15',oq�?" 101. 8" Epoxy-lined DIP fittings 1 TON $ o - $ t:S,000- - 102. 10" Epoxy-lined DIP Fittings 1 TON 103. 92" Epoxy-lined DIP Fittings 1 TON $ P-0"p _ $ ,S , 000~ - 1.04. : 16";Epoxy=lined DIP Fittings 1 "TON 105. 18"Epoxy-lined DIP Fittings 1 TON $ $ 15 ow - 106. 20" E ox -lined DIP Fittings 1 TON s> - 107. 24" Epoxy-lined.DIP Fittings 1 TON $ 5-o r,? 108. 30" Epoxy-lined DIP Fittings 1 TON $ $ i S,ovo 109. k'Epoxy lined DIP Fittings 1 TON $ po?- $ ls,000' - 110. 4" Plug Valve w/Valve Box_ 1 EA $ $ g,opo- 111. 6" Plug Valve w/Valve Box 1 EA $ $ 3;zoo' - 112. 8" Plug Valve w/Valve Box 1 EA $ 3 900- $ 3;,506 Fee Schedule for RFQ 13-14-407 5 11/10/2014 11.01.26 am Master Contract for Utility Construction Services f '1yle} m , #AmtdM OSCription Wht Ipmee �v 114 , ouri'f k .. '1 113. 12" Plug Valve w/Valve Box 1 EA _ $ r S $ S al - 114. 16" Plug Valve.wNalve Box 1 EA $ jq or�>O - $ g coo - 115. 18" Plug Valve wNalve Box 1 EA $ oa $ Eo,00.) - 116. 20" Plug Valve wNalve Box 1 EA $ i .o ao - $ i S,0 o 1.17, 24" Plug Valve wNalve Box 1 EA $ 2r-p $ ZS,ow' 118. 30" Plug Valve wNalve Box 1 EA $ 00c% $SL?OO_r - 119. 36"Plug Valve wNalve Box 1 EA $ 6 $ EF pI (UVATEi�/�.OIRGE PRESSUR PE' " < 4 120. 8" HDPE(SDR11) Pipe 100 LF $ o $ 5660° 121. 10" HDPE(SDR11) Pipe 100 LF $ (c ea - $ - 122. 12" HDPE(SDR11) Pipe 100 LF $ "T o _ $ ow- M.' IT HDPE(SDR11)Pipe 100 LF $ 80 - $ Q;oOd" - 124. 18" HDPE (SDR11) Pipe 100 LF $ 120 - $ 1zc�o.v 125. 20" HDPE (SDR11.) Pipe 100 LF $ gyo 1.26. 24" HDPE (SDR11) Pipe 100 LF $ - 127. 30" HDPE(SDR11) Pipe 100 LF $ .2$0 - $ ;oov` 128. , 36" HDPE(SDR11) Pipe 100 LF $ 3s'o - $ 3roo ' - 129. 12"Butterfly Valve wNalve Box 1 EA 130. 16" Butterfly Valve wNalve Box 1 EA $ $ 131. 20" Butterfly Valve wNalve Box 1 EA. $ .I o g o $ - 132. 24" Butterfly Valve wNalve Box 1. EA $' 1 o - $ 138. 30" Butterfly Valve wNalve Box 1 EA $ 134. 36"Butterfly Valve.wNalve Box 1 EA 010 Q�- $ 1.35, 4" Field-Lok Gaskets 50 EA $ t o - $ S o - 136. 6"Field-Lok Gaskets 50 EA $ $ v 137. , 8" Field-Lok Gaskets 50 EA $ 6,:6 - 138.. 10" Field-Lok Gaskets 50 EA $ 1co $ tJ,uc3� 139. 12" Field;Lok Gaskets 50 EA $ 140 16" Field-Lok Gaskets 50 EA $ 404> ._. $ 3'4;000 - 141. 18" Field-Lok Gaskets 50 EA $ e90-0 _ $ 142.., 20" Field-Lok Gaskets.. , 50 EA $ , pro $ 41,00 143, 24" Field-Lok Gaskets 50 'EA $ g 144.. 30" Field-Lok;Gaskets 50 EA $ 30-00 - $ i5p,boo' _- 1,45. 36" Field-Lok Gaskets 50 EA $ 4040 - $ - 146. 4" DIP Mega-Lug Kits 50- EA $ o o - $ - 147. 6"DIP Mega-Lug Kits 50 EA $ g bai^ 148. 8" DIP Mega-Lug Kits 50 EA $ ( `�, - $ SS'tx?� - 149. 10"DIP Mega-Lug Kits 50 EA $ $ 6'0'bu_ 150. 12" DIP Mega-.Lug Kits 50 EA $ - 151.. 16" DIP Mega-Lug Kits 50 EA 162. 18" DIP Mega-Lug Kits 50 EA $ 35d - $, 1 - 153,_L,20" DIP Mega=Lug Kits v.. 50 EA $ S - $ &7,4bo - 154., 24" DIP Mega-Lug Kits 50 EA $ ("00 155. - 155. 30" DIP Mega-Lug Kits 50 EA $_ .1'56 Fee Schedule for RFQ 13-14-407 6 11/10/2014 11.01.26 am Master Contract for Utility Construction Services Merl ' Iteffi �escr�pt oon Es# lln�ts Ut�r P rce Amount 156. 36" DIP Mega' -'Lu'g Kits 50 EA $ Air Release Valve Manhole_,complete w/ 157. interior and exterior coati ng 5 EA SA?NITFAR,YS�EWERE7 _ Sanitary Sewer MH (4' Dias, up to 6' -. 158. depth), complete 5 EA $ �Foci- - Additional depth to Bid Item 158 per 1 foot 1589. increment 5 LF $ 5'oa' - $ 2 Sanitary Sewer MH (6' Dia., up to 6' 159. depth), complete 1 EA $ 1;0 '00 - $ 1000-7 - Additional depth'to Bid Item 159 per 1. foot 159a . increment 5 LF $ 160. MH Drop Connection(up to 6'depth) 5 EA $ 3 oco" Additional depth'to Bid Item 160 per 1 foot 1609. increment 5 LF - 6"Sanitary Sewer Lateral (up to 20') incl. 161. Cleanout, complete 1 EA $ ® - $5;0,-0 - Additional length to Bid Item 161 per I foot 1619. increment 5 LF $ - $ 1 - 162. Adjust San. MH Top 5 EA $ Soo - $ Z . .co - - 163. 6 PVC SDR 26 100 LF $ ITO - $ O.S - 164. ,. 8" PVC SDR 26 v 1.00 LF $ f?.o - $ g moo? - 165. 10" PVC SDR 26 100 LF $ 166. 12" PVC SDR 26 100 LF $ tip 0 - $ fo 0 09 "- 167. 15"PVC SDR 26 100 LF $ ul c - $ 168: _. 24" PVC SDR-26 100 LF s ©n - $ - 169. 30",PVC SDR 26 100 LF $ o p - $ 170. 6"x 6" PVC SDR 26 Wye 10 EA $ 3,o a o - $ o - 171. 8"x 6" PVC SDR 26 Wye 10 EA $ a - $ - 172. . 10"x 6" PVC SDR 26 Wye 10 EA $ q-�,� - $ - 173. 12"x 6" PVC:SDR 26 Wye 10 EA $ $ a t� 174. , 15"x 6" PVC,SDR 26 Wye 10 EA $ ®9,.. $ oac» - 175. 24"x 6" PVC SDR 26 Wye 10 EA $ G:oo $ G.o a -. 176. 30"x 6" PVC SDR 26 Wye 10 EA $ o - $ ,Sc - 177. 4" Fernco Coupling w/shear rings 10 EA $ Zooms - $ Z. o, - 178. 6" Fernco Coupling w/shear rings 10 EA $ 2.00.E - $,-Z o. - 179. 8" Fernco Coupling w/shear rings 10 EA $ $ , - 1,80. 10" Fernco Coupling w/shear rings 10 EA $ - $ ®p - 181.. 12" Fernco Coupling"w/shear rings 10 EA $, ;x-,,.,, - $ 182. 15" Fernco Coupling w/shear rings 10 EA $ S-o" o a - 183.- 24" Fernco Coupling-'-W/s'he'ar rings. _ .10 EA $ „ -pw - $ 184._ 30" Fernco Coupling w/shear rings 10 EA $ a Do- $ w. &' CONCRETE" - 185. Removal& Disposal of 4"thick Concrete 100 SF $ " - - $S'0 - 186. Removal& Disposal of 6"thick Concrete 100 SF $ Fee Schedule for RFQ 13-14-407 7 11/10/2014 11.01.26 am Master Contract for Utility Construction Services l Ife�l�t� s �>�EbSCr(�3�#lbCl� �� k"ESt: k �1ftf�S� w: aufl��E��IC£�'� � �i►)bLft7�` 187. Concrete(4"thick) 100 SY $ s,j $S yo4 - 188. Concrete(6"thick) 100 SY $ $ ! ?0 0- 189. FDOT Handicap Ramp 100 SY $ i oo- - $ 10 0 0.0= - Installation of FDOT Type"D"curb-by 1.90. hand 50 LF $ 30 - $ d ro 0 - Installation of FDOT Type"D"curb-by 191. machine 50 LF $ 4.0 - $ 1,0010- Installation of FDOT Type"F"curb-by 192 hand 50 LF $ 32 _ s 1 _ 6a� installation of FDOT Type"F"curb-by 193. machine 50 LF $ 2.1- $ /d o Installation of FDOT Valley Gutter-by- 194. hand 50 LF $ 3z' - $ Installation of FDOT Valley Gutter--by 1.95. machine. 50 LF $ Z. _ $ 196: Installation of Header Curb by hand 50 LF $ 3 _ $ 197Installation of FDOT Asphaltic Concrete - : Curb 50 LF $ _ $ t boa Installation of FDOT mitered end section 198• for 15"diameter RCP 10 EA Installation of FDOT mitered end section 199' for 15"diameter HDPE pipe 10 EA $ 3 000° _ $ n 000- - Installation of FDOT mitered end section 200. for 18"diameter HDPE i e 10 EA - P P $ 3 20 o $31.ODo - Installation of FDOT'mitered end section 201. for 1.8"diameter RCP 10 EA $ 3�Z0� _ $ 3Z000 - 202. gSpecial l�saw*cuts for concrete 1100. LF $ Zo _ $ Z 04,�, IUIISr..ELL°gNa„ Sr, 1 as �.'. s"tea^- - -,...a 203 Removal&disposal of soil to implement improvements 100 CY $ S - $ Soo - Supply, replace&compact clean fill 100 CY $ _ $ 11016 Supply&installation of natural stone 205. riprap 200 TON $ b ti" $ 2a ooh Supply&installation of broken concrete 2016. riprap 200 TON $ $ Zo 0 00 207, Su PP I y,&install sand-cement riprap 100 CY $2 Co0— $ 2:0 000' Removal&disposal of existing culvert 208. pipe (any material) 50 LF $ pd-" _ $ Supply&installation of Bahia Sod-up to 209. 1000 SF 1000 S_F $ D,S $ 5-0.0 Supply&installation of Bahia Sod=over 210. 1000 SF 2000' SF $ 045-0 _ $ 1,000 _ e Supply&installation of Floratam Sod'-up 211. to 1000 SF 1000 SF $ Supply&installation of Floratam Sod- } 212. over 1000 SF 2000 SF $ 1 _ $ 1,0 o? Supply&installation of FDOT Seed& 213. Mulch Mix 10001 SF $ 0, 10 - $ t pc [214, Furnish Operator, Water Truck and Irrigate Sod or Seed Mix 10 HR $ 157 a" _ . , $ 1 Fee Schedule for RFQ 13-14-407 g 11/10/2014 11.01.26 am Master Contract for Utility Construction Services Item �Itern Descrrptron �st< (Jn`�ts UrtrtrPrrc rnoun 41 f � 215. FDOT Guard Rail with 60 end treatment 50 FT $ 216. Canal Excavation (sand &silt) 100 CY $ $ 217. Lake Canal Bank Restoration 100 SF $ $ S'o o _ Surveyor(as-built records approved by 218. City of W.P.B.) XXX HR (So XXX 218a. Field Crew XXX HR ® 'Q'XXX Draft ngjg6d: XXX HR .j po'XXX `AI?PROUEt)M(7T 219x" Arrow Board 1 EA .. _ 219b. Sign Board 1 EA $ S� ,-k $ o =- - 220c. Standard Barricadesw/Lights 1 EA $ o.y - $ 2' 220d, Corral Barricades'w/Lights 1 EA $ 2a/n, _ $ 2a 220e., Road Sign w/Lights, 1 EA $ 1 fi•,o - $ r - 220f. FDOT-approved Traffic Cones, '10 EA $ C - . $ ao - t�ABC)FtRI�iTE (For any othe/R�work noicM. toned above;Wi;%�ContraaiaA'w,"I"-Uy thke jatio io f e c uotej �-�.�:".w r t Foreman XXX HR v' -XXX --- Laborer.- XXX HR °gs'XXX ALTERNATEWBID fi The following equipment is'to be furnished with operator One tractor bulldozer; size- D-5 or 1. equivalent offering. (Make/Model) XXX HR XXX Oneself-loading scraper, pan and tractor, s Sony -. 2. rubber-tired, 20 cu. yd. capacity. XXX _ HR XXX 3. One Capacity XXX dra line, 1 Cu. Yd. Ca 9 P Y HR 0700-XXX ._ One road pothole patch crew, including 4. truck and hot mix asphalt, and necessary crew to patch potholes. XXX HR XXX 5. One dragline,2-1/2 Cu.Yd ~Capacity XXX HR 400-XXX 6. One front end loader, 2 Cu.Yd. Capacity XXX HR I uc-XXX 7. One front end loader, 3 Cu. Yd. Capacity XXX HR fl(to XXX One crawler'tractor,hydraulic backhoe 3/4 8' Cu. Yd. Capacity ' XXX HR FISr�xXX 9. One backhoe 1.5 Cu. Yd. Capacity'' apacity' XXX HR So`7 XX 10 One.backhoe 3 Cu.Yd. Capacity XXX HR i"},-XXX 11. One backhoe 4 Cu. Yd. Capacity ." XXX HR 'too-XXX 12. One backhoe 5,Cu.Yd. Capacity XXX HR 3:Q-, XXX, 13. Heavy equipment low boy with tractor, minimum width. 10", 50 ton capacity., XXX HR x;oo"XXX 14. One self-propelled vibrating, small size" compactor. XXX HR S10-XXX -� 15 One tandem dump truck with sideboards; _ 12 Cu. Yd.. XXX HR Cock XXX One triaxle dump.truck, 18 Cu.,Yd, XXX HR $" XXX Fee Schedule for RFQ 13-14-4407 9 f 11/10/2014 11.01.26 am Master Contract for utility Construction Services l em ltem fl crrp>}rans Est: /nrl�s}~ Uni#+P"rrc+ �,Arn©un� 17. One tractor trailer dump truck, 20 Cu. Yd. XXX HR X190`XXX 18 One long arm(50' min:) Backhoe3 Cu. Yd..Ce acit XXX HR 350'XXX 19.: Welding Machine XXX. HR 1"00—XXX 20. Portable Generator XXX NR Gc'XXX 21. Quick Cut Saw XXX HR n"XXX 22. Asphalt/Concrete Saw XXX HR bo. ,XXX 23. Steel Wheel Roller XXX HR `Ibc"XXX -- 24. IPlate Tamper XXX HR 6!' XXX 25. IPickup w/tools XXX HR 60' XXX 26. Fuel truck . X'XX HR 90' XXX - 27.. . Crane:-45 ton XXX HR 2s©,XXX 28. Bobcat with grapple or excavator XXX HR i o,a,--XXX 291. Boat with motor XXX. HR too=XXX -- 30. lChainsaw XXX I HR .XXX 1 Fee Schedule for RFQ 13-14-407 10 11/1012014 11.01.26 am MURRLOG-01 SMITHGA ACOROA DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 10/24/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: certificates @willis.com Willis of Florida,Inc. PHONE (877)945-7378 FAX No: (888)467-2378 c/o 26 Century Blvd C No Ext P.O.Box 305191 ADDRESS: Nashville,TN 37230-5191 INSURERS)AFFORDING COVERAGE NAIC# INSURER A:Liberty Mutual Fire Insurance Company 23035 INSURED INSURER 5:Employers Insurance Company of Wausau 21458 Murray Logan Construction,Inc. INSURER C:Chubb Custom Insurance Company 38989 313 65th Trail North INSURER D: West Palm Beach,FL 33413 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD BR POLICY NUMBER MMIDDIYYYY MM DDNYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR X X T62-Z91-463217-044 10/31/2014 10/31/2015 PREMISES Ea occurrence) $ 300,000 X MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY FX]PRO [:]LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JE OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B JX AN Y AUTO X X ASC-Z91-463217-024 10/31/2014 10/31/2015 BODILYINJURY(Perperson) $ ALLOWNED SCHEDULED BODILYINJURY(Peraccident) $ AUTOS AUTOS NON-OWNED PROPERTY AMAGE $ HIRED AUTOS X AUTOS (Per. 'd..') $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X WC2-Z91463217-034 10131/2014 10/31/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDE[ ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Pollution Liability X X 37312882 10/31/2012 10/31/2015 See Attached DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:East Central Regional Water Reclamation Facility Master Contract for Small Utility Construction-RFQ No.13-14-407 The ERC Board,the City of West Palm Beach and its commissioners,officers,employees and agents is included as an Additional Insureds as respects to General Liability and Automobile Liability. General Liability:Additional Insured,Waiver of Subrogation Provided,Primary/Non-Contributory where required by written contract. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of West Palm Beach AUTHORIZED REPRESENTATIVE Purchasing Department 401 401 Clematis Street p�� West Palm Beach FL 33401 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 11/10/2014 11:01:26 am AGENCY CUSTOMER ID:MURRLOG-01 SMITHGA LOC#: 1 ACORO` ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Willis of Florida,Inc. Murray Logan Construction,Inc. 313 65th Trail North POLICY NUMBER West Palm Beach,FL 33413 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: Auto Liability:Additional Insured and Waiver of Subrogation Provided Where Required By Written Contract. Workers Compensation:Waiver Of Subrogation Where Required By Written Contract. Pollution Liability: Primary/Non Contributory,Additional Insured where required by written contract.Waiver of Subrogation where required by written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 11/10/2014 11:01:26 am ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE: Env Contractors Pollution Pollution (Occurrence)$3,000,000 Per Incident CARRIER: Chubb Custom Insurance Company $3,000,000 Aggregate $100,000 Mold Limit POLICY TERM: 10/31/2012—10/31/2015 Claims Made Retro Date for Non-Owned Disposal Sites: POLICY NUMBER: 37312882 4/1/2009. 11/10/2014 11:01:26 am THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.: DESIGNATED INSURED This endorsement>modiified insurance,provided.under thefollowinga. BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR:C'ARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect'to coverage provided by this endorse ment,.the provisions of the Coverage:Form°,apply.unless modified by this endorsement. This endorsement identifiesperson,(s)or organization(§)who:are"insureds"under the Who`Is An Insured` Provision of the Coverage Form., This endorsement does not alter coverage provided'id the.Coverage.Form, SCHEDULE Name ofPerson(s),or 'O.rganirzation(s)r Where: 'Requir.ed `Under Written Contract or' Agreem(E nt Each person or organization shown.in Schedule;is an""insured"for Liability<Coverage;but only to the extent. .that person,ororganization qualifiesas aW'insured".un der the Who Is An'Insured Provision coritained in Section ll of the Coverage Form. a i Policy-N6: lssucd.By: Effective-Date: Expiration'.Rate:- Sales Office:: Endt Serial No: CA 20°48 02 99 Copyright;:;Insurance:Services Office, Inc., 1998- Page ;of 1:; 11/10/2014 11.01:26 am Policy Num.berASC—Z9,1 —4.63,2.17-02.4 Issued bY:Ernplo ye.,rs Insurance Of Wausa:u, T HI .....,S,E.N.DOR,SEM,EN-TCkANGtS.THE"pb,LICY. PLEASE,READ ITdAkEFULLY. FLORA DA.AUTO`ENHANCEM ENT ENDORSEMENT This endorsement I rhodifibs insurance-•provided under the fo1loWihg' BUSINESS AUTO COVERAGE FORM 1. Newly,Acquiredor,'Form.ed Organizations . II._ Ernpl6yieeszs,ahsureds Ill. Lessbr^-Add itional insured a` oss Payee IV. Supplementary Payrhent&-Increased Limits V. FbiloW•,Employe,e Coverage. V1. Personal Property of Others VIL Additional Transportation Expense. VIII. Akbag'C6verap IX, Tapes,-Records and Discs Coverage X. Audio,, ,isual Equipment'ui'Oment Coverage X1. P%hysical Damage,Deducti6le-Singj.q Deductible xil. Physical Damage Deductible Glass xill. Physical Damage'.Deduciible=Vehicle Tracking,System;, XlW Duties.'in Event Of Accident, Qbim, Suit or Loss XV. Unintentional Failure to Disclose Hb, zards;, xvi. Worldwide Liability Coverage-,Hired,and,.NondWh16d Autos XVII. Hired Auto Physica.1 Damage will. Auto Medical Payments Coverage.Increased Limits: XIX Drive Other Car,Coverage.--Broadened Cov erag&foriDesignated Individuals viduals XX. Rental.Reimbursement Co.vefage: XXI. Notic&of'Cancellation or'Nohrdnewal XXII; Loan/Leasij,Payoff �PgCove `- _ e X*i. Lim'ited Mexico Coverage XXIV. WaivQr QVSubrogation I. NEWLY ACQUIRED OR,FORMED ORGANIZATIONS Th'iroughout this Policy, the Words youdhd Your also refdrjb,any organization yqp: ,newly b.cl'u.irep,rfo.ri-h,,bfIJ6r h ownership:of-.more than 50 percent interest, than a,partnership,orjbint venture, arid over which y 60 maintain provided: A. There is no similar insurance available to,that organization; B. Y6u,-inotify us tolladd coverag'e•lo your policy,the c0erdge,:und&.this provision is',afforded,"brilyc0til-., .1; 'The'90fh;day after you apquire or form the-orgpnizatjon;.or ,2. The end of the policy:.period, whic' hever,is earlier; and' C. The :coverage does not "apply to an "accident"-which occurred before you acquired' or,,, formed the o'rganizotio,h.. AC"84 48 06 13 0:2013'Liberty Mutual InSUrance.-All rights reserved. Page 1-bf,11 Includes copyrighted.ed material of I Insurance Seirvices;Office, Inc.., with its permission. 11/10/2014 11:01:26 am Policy Number Iss !,by 11. EMPLOYEES,AS.'INSUREDS' Paragraph Al.Who Is:An,Insure�d,0fSEQTI.0N Il.-LIABILITY 00VEkA6E is amended to:add: Your "employee" is an."insured"while using with your permission�a.covered "auto'� you.do ncCown, hire,or, borrow i'n ycur�business r your.pe I rsonal affairs., 111. LESSOR-ADDITIONAL INSUREUAND LOSS,PAYEE A. �Aqy "leas,le:d. auto" will be qo,n,sid0red an "auto" you own and not T a "auto" you hire or borrow: The :coverages provided under this section apply to;any"leased auto" until the,expiration date of this policy or untiRhe lessor or his or her agent takes possession,of'the�"leasedsauto"'whicheve-roccurs first'. B,. For a y ny.'Pleased:'abt6!' that. is-a,,doVerbd '.'auto" under SECTION 11 LIABILITY COVERAGE,,Paragraph A..,`I.Who Is,An Insure"d,prbvision is changed to include: .q. s.an "insured" th'6,les8d.r-of,the "le.as�ed auto". However,,the lessor is an."'insured' only for"bodily injury"I or 'property,damage' resulting from;,the acts or qM,ission's by,-, f. You. 2. Any of your"brn'oloyeesoCWnts: or 3. AN person, except the lessor or "employee"or agent oft,helessor,,operating a:'leased-auto"with the permission of of the above. Co, Loss.Payee Clause 1. 6,w 11 pay, as interests'may appear, you-and'the,lbssor of'the "leased auto';for�4oss'�to the covered W i, "leased'auto". ,2, The"insurance covers the interest.1,of-the lessor,of the 16ased:auto.' On less, the '.,loss" results fraudulent acts,or cmissi.onslo.ri your part. 3. If we make any:-paym' en-t.tb th6.les'socof a leased q.uip,% We will obt_ain his or her Tights qgainst,any other party., D: Cancellation 1. We' , as allowed byth6 CANCELLATION;COMMON , POLICY CONDITION. If we cancel the p6li6y, WeAMII mail notice to,lessors of l6bsed autos--which:are on f ile,wi t h-t he'comoqny. Such notice will b6fl*f6 ofeiat6t-bf 30-days lor"the,se-iMO.notice period we afford you.-; Z. If you cance[the policy; we will promptly mail a notice to.lessors,of"leased:autos" on file,.With 'the company confiiming: a. Th%afyoui have initiated cancellation of the Pblidy-.and b. The eff bciive,clate of the:cancellation. 3'. Cancellation ends this agreement: E. The,less&,is not.liable f6r`p',aym6ritbf pferniuriis. AC 84 4806-13 02013 Liberty;M utu al Insurance.All.rights reseirved. Page Tof 11 Includes copyrig ted material 4"Insurance,Services=Office,Inc. With its permission;: 11/10/2014 11:01:26 am Policy;Nuni6er Issued;by F. For,purposes.of this endorsement,;',the following definitions,app.ly: "Leased auto" means an "auto" which you lease for a period of six'months or longer for use in your business, including:any"temporary substitute"of such"leased auto!':. covered'`auto is:out ofservice,besause of`its breakdown, repair,servicing; loss: red 'auto when the> "Temporary,substitute means an'auto' that is,furnished as a substitute fo" a cove "or destruction IV." SUPPLEMENTARY PAYMENTS- INGREA$ED VMITS, { i Subparagraphs A 2"a;(2):and Xla.(4) of SECTION.:11:.- LIABILITY'COVE14AGE are deleted and replaced by the-following: (2) U016$500 for#he,'(ostof;bail bonds (including bonds for related`trafficc Iaw violations) required because (if an-ac we cover, We do not have to furnish'these bonds, : (4) All reasonable expenses incurred..,by the '1nsured" at our request; including the actual loss of`earnings up to-$51W a'day'because of time off.,from-.work. V: FELLOW EMPLOYEE-COVERAGE A: Exclusion;B:5. of S,EGTION ll -'LI,ABIL-ITY COVERAGE is deleted=and replaced with the following; 5. 'FELLOIN'EMPLOYEE "Bodily injury"to any'fellow "employee!' of an"insur..ed" arising out of'and,ih'the course of the fellow °employee's employment, except, for any insured named in the Fellow Employee Schedule °of Employees. Howeve"r, no "employee";,is an,"insured"'for"bodily injury" to a co-employee if such co.- employees exclusive remedy:,is provided under,a-workers:compensation law or any-similar law. B. For the purpose of,Fellow Employee.Coverage only;Paragraph,.B.5'..of`BUSINESS,AUTO:CONDITIONS is. changed as follows'. TfiisFellow Employee Coverage is excess over anyother collectible insurance:: Vl. PERSONAL PROPERTY OF OTHERS Exclusion 6. in..SECTION11 -LIABILITY COVERAGE for a.cov_ered"a.uto"is-amended'to add;, This exclusion dIdes.h6t;4pply to"property damage'or"covered pollution cost or expense"involving "personal' property" of your "employees"'or ofh"ers'while such property is 'carried by the covered "auto". The Limit of Insurance'for this-.coverage is$5,000 per"accident": Payment:under.this"coverage.does..not increase,,the Limit of Insurance: For the purpose of this section:of this endorsement; "personal property" is_.defned;asany property°that is not, used in the individual's trade or.°business or held for the.production or.collection;of income.. VII. ADDITIONAL TRANSPORTATION"EXPENSE Paragraph,&4 a of SECTION'llk PHYSICAL DAMAGE COVERAGE is amended as follows:; The aniount we will"pay'is increased to$50 perdayand to a,maximum limit of$1 000,. Ac 84 48'06"13 ©20.13 Ciberty:,Mutual,lnsurance;All rigfits reserved.: Page 3.61`11 Includes copyrighted:material of:Insurance Services.Office,Inc. with its permission:. 11/10/2014 11:01:26 am Policy Number Issued by VIII. AIRBAG COVERAGE, Exclusion B.1a. in 8ECTION111 DAMAGE COVERAGE is amend.ed1o.add: This!.exclusion does.not apply to;ihe,accidental discharge"of'an4rbag. IX TAPES, RECORDS.A.ND�DISCS'C..OVERAG.E Exclusion BA.a.of SECTION;Iil PHYSICAL DAMAGE COVERAGE E is deleted and'rep!aced by,t he foll6winq a;. Tapes, records discs or other:lsimilar audio, visual or.data:elettronic devices designe&JO use With audio, visual:or'dbta electronic equipment except when the tapes, records, discs or other similar a'u'dio,m's'u-61 or- data electronic devices: (1) Are your,property or that.of,a.19mily,member; and Are'in.a covered"auto"atthe time OV'Ioss": The most- we will pay'for "Idss"'is $200. No Physical Damage Cov6rag6,deductible applies-to this X. ,AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE' ,Exclusions 13.4.c.,and 13A.d. of SECTION, Ill - PHYSICAL,.DAMA6E COVERAGE'.are.deleted!and'replaced With the following: c. Any electronic equipment that receives or transmits qu.dib,-vi.su,qI,.-datb,or global positioning-signals, unless such equipment is.permanently installed in'the covered "auto" at'the time Of the "loss" or is removable 'from a housing that 'is permanently'installed in the:covered "auto'! at' he time: of the "loss"' and !:such equipment is,.-designed to be solely,pperated'.by use,of.'1he power,from the."auto's" electrical system,,in or upon the,coVered"auto" (This covbragbd6es not apoly.1to global positioning Units that are'mounted by';a suction bra_cket);or cl. Any accessories h ianYelectronic eqyipment.excludedJrorn cpv(jrage.per.'subpprafgraoh 6. above: )(I. :PHYSICAL DAMAGE DEDUCTIBLE=.SINGLE�DEDUCTI-BLE Paragraph.D. in,SECTION Ill -PHYSICAL DAMAGE COVERAGE-is delbte,d,land r6blaciecity.the following: D. Deductible For each covered "auto", our obligation to pay.for, repair,, return:or replace damaged'or stolen property;.will be reduced by the applicable deductible shown in. the Declarations. Any 'Comprehensive, Coverage deductible.shown.in the Declarations does not apply,to"I(oss"caused by fire or lightning:, ,When two or more covered.':'autos" sustain "loss" in'the��sarne collision, the total,of all the,"loss"for all the i I nvolved. covered I"'a I utos�; will be. reduced, by,a',single':deduc6blei whi ch will"- be the largest of all the deductibles'ap*plying tvZll such covered"auitos", XII. PHYSICAL DAMAG&DEDUCTIBLE:-GLASS' Paragraph.Djn SECTION Ill-.PHYSICAL D 6d to add: A..MAGE.COV.ERAGE is am. end For "loss" to°;glass covered under.Specified Causes,of Loss or Cbmprehensive.Coveragp,,no deductible applies. AC 84 48 0'61.3 9 2013 Liberty.Mytual I nsuf6hde,All rights.,rleserved Page 4:6f 11 Includes copyrighted material of Insurance,Services Office, Inc. vMh'its jperrrissi6n! 11/10/2014 11-01-26 am Policy Number Issued by For"loss""to glass covered,under Collision..Coverage, no deductible applies if you;elect'to patch or repair it rather than replace iL i Xlll: PHYSI CAL,DAMAG'E DEDUCTIBLE-VEHICLE TRACKING SYSTEM j Paragraph D.:in SECTION III-`PHYSICAL DAMAGE;COVERAGE is amended to add: Any Comprehensive Coverage'De.ductible shown in the Declarations will 6e reduced"by50%. for any"loss" caused by theft if the;vehicle is equipped with'a vehicle"tracking device such,as a'radio tracking;device or a 4obal,positioning device and that device was 4he method of recoveryof the-vehicle XIV. DUTIES IN EVENT OF ACCIDENT,:CLAIM,.SUIT OR LOSS Subp5ragraphs-A.12.a. and A.2 b. of SECTION IV-B.U.SINESS'AUTO.CONDITIONS are;changed to, a. In the event of '"accident"; claim, suit" or "loss'.',,,,!"your insurance manager or any other person you designate must notify`us as soon Ps reasonably, possible,of such"accident`," claim, "suit".or"loss". Such notice must:include: (1): How, when and-where the 'accident"'&".loss".a"ccurred;, (2) The 'insured's"'naive and address, and (3) To he extent,possible; the names and addresses of any injured persons and witnesses. Knowledge of an ''accident", claim, "suit'.' or "loss! by.ydur-agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manageror any other person you designate has received notice of the"accident",,claim, "suit"or"loss""from-you uragent_servant oC'employee" b. Additionally,:you and any other.'involved "insured"must: (1) Assume;no obligation, make no payment or incur ho•expense without our conseht except at the. "insured's"own cost,. (2) Immediately send'us;copies of any"request; demand, order; notice; summons or-legal paper received concerningthe claim or"suit (3) Cooperate"with us in:the investigation or settlement of'the claim,or defense"against'the"suit".. (4) Authorize us to;obtairi medical,;records or other pertinent information; (5)" Submit-to examination; at our expense; by physicians-of our choice; as often as we- rea'son'ably' require: XV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS. Paragraph B 2;.`d SECTION.IV-,BUSINESS AUTO CONDITIONSis'amended,to add'the:following Any unintentional failure to disclose all exposures or hazards existing as of the-effective date of theBusiness Auto Coverage Form or at any timeAuring the.policy periodvill.not invalidate:or:adversely,affect the coverage for such exposure or.hazard. However, you must.report the undisclosed exposure or hazard to us.as soon as reasonably possible after its discovery. AC 84:48 06 13 ©20,13 Liberty Mutual Insurance:All rights reserved. Page 5 of`1;l lncludes'copyrghled.material of lnsurance;Services,Offce;lnc. with:its permission' 11/10/2014 11:01:26 am Polity Number Issued by XVI. WORLDWIDE LIABILITY COVERAGE-HIRED AND NONOWNED-AUTOS Condition B.7."in SECTION IV- BUSINESS AUTO CONDITIONS is,amehded to include the f6l6wing:: For "accidents"';resulting fromAhe use%or6 pera ion of covered "autos"you do n ot own j the coverage territory rneans,all ibafts of the•world.subject to the following provisions*. a. If claim As made;or "suit": is brought,against an_!Insured"' outside of the United 'S tates�'61",Arnerica, its :. territories. and possessions, Puerto Rico and Canada; we" shall have the right' but not 016 duty to investigate, negotiate, and.:se'tt[e-of defend skN.Plairn or"suit" If we do hot exercise that right,'the: the duty to investigate;,negotiate;:and:settle or defend the claim or "suit" and We will reimburse'the."Insured!' for the expenses reasohabIy1`incbrred:ih connection with the investigation,,settlement-or;defense.. Reimbursement Will;b&1paid in the cwre,04 of the United States of America at-the rate of exchange or.eVeiilifig,6h,the.datd!:bfteimbursehieht. The "insuredl' shall provide us with such information mie:shali.reasonably'r0qu6stsego rq i,ng such claim or suit"bnO'.it§investigation, ri6gptiatidn, and,settlement ordefense. 'T.1 he 'insured" shall not agree I to.any.settlement i6l"the claim or"suit'without our consent. We shall ,hot T., un.reasonablywithhold consent; lb: We °are not licensed to write,.ih su'ranbe'. outside'�of-the United,;States of, America, 'its. territories or possessions,. . , Puerto Rio and:Canada.l.. We Will,not furnish certificates of insurance or other evidence:of insurance you may nedd4dr.,the:piarp "Qse: of"complying with the laws of other,countr[eSrre'lating-,fo+auto insurance. Failure to comply with the auto insurance lawlsz of,other-countries may result 1h,fines or,penalties. This insurance does nbt,apply,to such fines or,penallties. XVI.1. HIRED,AUTO PHYSICAL DAMAGE If no deductibles are shown in the.'Declarations for Physical Damage.Coverage forHirbd,dr Borrowed Autos'.. o ! the foli,wing will app I y: A. W e w"i ll.pay'for'"I oss, under er Comorehbrisive:and Collision:coverages to a covered 'Iauto',of,the,private: passengerAypip hired without an,,operator for use iq'ypur business-. 1. The rqostwevill pay for coverage.afforded by-this,-endors6Mbrtt"iis the:10ss&,bf.; ;a. The actual cost to 'mpe&:or replace,sUch covered "auto" with other propprty of,like-kind and quality;,or b. The actual cash value of's uch-covered"auto"at the.time of the."Ioss''. 2. Anzdjustment for depreciation and physical condition will be.made in,detenh.inih a g actual.cash Value in, the event of-a total!'loss". 3. lVei repair rbpjacerhent'�esuilts in better than,i;ke kin6o i not.payfor the amount of the' p j r quality We Will betterment. AG 84:4&d6 13 20131iberty Mutual Insurance♦.,All rights reserved I Page 6 of 1>1, .1-n6IiJdes,dopyiridht4d rfiat&ialpf Ifisd1rance,SeNice.s.Offi&e;Jnc. with its permission; 11/10/2014 11.01-26 am i Policy Number Issued by B. Foe,each covered "auto". our.obligation to pay for repair return or replace the covered "auto" will be, reduced by any deductible shown in the Declarations that applies:to'private passenger "autos"that you': own: If no-;applicable deductible is:shownin the;Declarations;-the deductible will be! 250., If the Declarations show other^deductibles for 'Physical.Damage Coverages for Hired or Borrowed Autos, SECTION 111- PHYSICAL DAMAGE COVE RAG E�applies;and Section XVII of.this,endorsement'does riot° apply. C. Paragraph:A:4:b. of SECTION"III PHYSICAL DAMAGE COVERAGE is-replaced by: b': Loss of Use Expenses For Hired Auto.Physical Danage provided by.this endorsement, we will pay expen'ses for:which an "insured" becomes legally responsible:to pay for loss of use of a private passenger vehicle;rented or Hired without a_ .driver;. under a written. rental contract or agreement. We 1will pay for loss of use expenses caused',b.y: (1), Other than co 11ision.only*if=the DeclaFations:.indicate that Comprehensive Coverage is provided for any covered"auto"'.';, (2) Specified Causes,of Loss only if the-Declarations indicate>that Specified Causes=of Loss Coverage is provided`for any covered;"'auto";-or` (;8) Collision only if the: Declarations:indicate: that Collision Coverage is provided.for any covereo -auto`. However, the rnost:we.will pay'.-under this coverage:is$30 per day; subjectto a„maximum of$90o. XVIII. AUTO'MEDICAL<PAYMENTS COVERAGE-INCREASED LIMITS: For.any.covered "loss",the Limit of Insurance forAuto Medical'Payments'will be double the.limit shown in the Declarations if,the"insured"was;wearing a seat belt at the time of'the"accident`'. This is the maximum amount we will pay for al1. covered'.medical expenses, regardless:of the number of covered "autos", "insureds"; premiums paid,claims made,or vehicles involved in the"accident": Wrio limit of`insurance'for.Auto.Medical Payments is shown on the Declarations; this,`parag,raph Section XVIII of thi's'endorsement:does not;apply: XtX. ;DRIVE'..OTHER CAR COVERAGE-BROADENED COVERAGE FOR.,DESIGNATED INDIVIDUALS A: This endorsement amends.only those coverages indicated with an "X°' in he.Drive Other'Car,s ection,of the.Schedulerto.this endorsement. B. -SECTION It-LIABILITY COVERAGE is amendedas.follows: 1`. Any"auto"you donTown, hire Or borrow is:a covered: auto"for Liabll'ityCgyeragpvhile being used by, any individual named in the Drive Other Car section of`the Schedule_to this endorsement or.by his or her spouse while a resident of the same household except; a: Any:'`'auto"owned;by.that individual or by any.mernber of.hi§,or her'household;,or ti. Any "auto” used by that individual or his�or her spouse while working ,tn a.business ,of selling, servicing, repairing or.parking"autos". AC 844&016 113 D'2013 Liberty Mutual Insurance.,All rights reserved, Page 7 of"1.1 Includes copyrighted material'Iof Insurance Services Office;Inc. with itsTermission. 11/10/2014 11'01'26 am Policy Number Issued by 21. The`following.'isaddo (d.-Wh0,IsAqIrfSu,r.ed: Any individual named in the Drive Other Car section.of'the._.'ScheduIe,:to this:endorsement and his or her spouse,while:a resident.of%the game household, are'''insureds" while.using :any covered "auto" in described in Paragraph BA e,dor8oment. .Pf this C. Auto Me6 Underinsured tcal Payments, .Uninsured Mdtb,ri�t, and Lln-derin M6,t..oris.t CoVerqge.�S. are :a,Mended.,as follows: The following is,added-to Who is An Insured: Any individual'named in the.D"rive•Other,Car section'of the Schedule t6j.his,endorsement,and his--or'her "family members" are "Insured" while "occupying" l a pedestrian when struck by any "auto" you pg. or w i e:. dbri't'own except: Any"auto"owned by•that-lindividual or'byany."family mernber!!. Q. SECTION III-PHYSICAL DAMAGE QOVERAGEJa ch'anded:as follows' covered;i. ;a� d i.auto" while in the care, Any,priVqtd passenger type:"auto" you:don't Own, hire,or borrow s custody or. control of any individual named in 'the Drive Other:Car section of the Schedule 4o. this- endorsement or his or herspouse.,whilea resident-o,f the:same household except' I.. Any,"86to'"owned by.,th6t'individual,orlby,,ahymbrr b�bt.of.his 6r.her;hbob,6,hbl,d' o�r 2. Any"auto" used by that individual or hisor her,sPouse While,working in'.a busin. ess of se"I'li9g, servicing, repairing or-part,ing "qutos'. E. 'For;purposes-o I U'this endorsement, SECTION V.DEFINITIONS is amended to add thefbllowin6'.; "Family-hierribee" Moans a,,person the'.'ndividual named We Drive Other Car section of the Sch'dddle to this ehdbrs 6rhent by blood, marriage or adop t i,on who is a 'the individqal'st household;.including,-a'Ward"o .Ir foster child: XX RENTAL REIMBUkSEMENT'COVERAGE A. For,any owned covered "auto" for which Collision'and Comp mhensjve Coverages are provided, will pay for rental reimbursement expenses incurred by.,you. Jor,the.-rental of an 'auto" because of a covered physical clarnage.--lbss" t o an.11 owned.covered I auto'.'.. S you. ,h!payment,applies .in addition fo' -the otherwise applicable amount-of physical_damage coverage you-have on a covered "auto". No deductibles apply 10 this coverage:.. B. We will pay, onlyjbr'those expenses�incurred.during the policy period beginning 24,hours after the "loss" a!ld',Oh,dino-with'thi�,.ez�rli.(,jr', ,iffe return or repair of1hp'povered "auto", Or.the exhaustion of the:coverage P: Qur•ppyrpent is limited to1he1esser of the following amounts: 1. Necess&y,and actual expenses incurred; or 2. $Woef da 'With a maximum of$9001in any peno one,�' d D. This coverage,doe&n.ot'applyl- AC 84 48 06'13 (D 2013.Li.ber.ty.Mutual Insurance.AWrights.,reserved. Page 8,.o I f 11, Incl6des copyeiqhted n1a,tE6aFof:lhsLdakb SeNices Office; Inc.. with'its-permissioni 11/10/2014 11:01:26 am Polity Number Issued by 1. Whille there,are spare or reserve"autos"available to you for your operations;;or 2. If coverage is'provided-by:another etidorsement;attached to this policy:. XXI. NOTICE..OF CANCEL'LATIONSOR NONREN,EWAL. A. Paragraph;A,2.of.'the..COMMON POLICY CONDITIONS is changed to:: 2 We may.cancel or non-renew this policy by mailing Written notice;of cancellation or non-renewal to the Named. Insured, and o any naizte(s)sand addregs(6s) shown in the;Cancellation and Non-renewal Schedule:; _ a. For'reasori"s;of non'-payment,.the greater,of (1) 10 days; or •(2) The number,of:days specified in any other Cancellation Condition attashed'to this::policy; or lb reasons other-than non-payment,the greater`of: (1.) 60 days; I (2);'The:n6mber of`days shown'in the Cancellation and.Non-renewal Schedule;or (3) The number of`days specified in any other Cancellation Condition attached to thi''s policy, I .prior to!tWeffective date of the,cancellation or non-renewal. B. All other terms of Paragraph.A. of the COMMON.POLICY CONDITIONS, and any amendments thereto;. -remain in full°force and effect. XXII. LOAN/LEASE PAYOFF COVERAGE The: following is added to Paragraph C - Limit of Insurance of SECTION 'JII .PHYSICAL DAMAGE 'COVERAGE: In the:event 6f:a:total "loss"to a covered "buto" of`the private passenger type:shown in the,schedule or declarations for which Collision and Comprehensive Coverage apply,.we will pay...any unpaid aino.unt due on the lease or loan`for th"at'covered "auto", less: I.. The amount paid`'underthe'PHYSICAL DAMAGE COVERAGE SECTION.of the policy;and 2. Any; ,a, Overdue leas6ftan payments=atthe time of'the"loss'; b. 'Financiaf penalties imposed under a lease for excessive,use,atnorrrial"wear and leaf or high mileage;. c. ;Security deposits not returned.;by the lessor; A. Gosts� for extended warranties; Credit Life Insurance;. Health, .Accident or Disability-.Insurance, purchased with the-loan or lease; and AC'=84 48 06 13 ©'201'3 Liberty Mutual Insurance.All rights reserved'. Page 9 of 1"1. Includes;copyrighted material''of Insurance Services Office,.lnc: with its permission. 11/10/2014 11:01:26 am `Policy"Number" Issued by e. 'Carry-,over balances from previous'loans.orleases. This.coverage is-limited to a;maximum of`$1500 for-each covered "'auto'': XXIII.LIMITED MEXICO COVERAGE i WARNING •AUTO ACCIDENTS IN MEXICO.ARE-SUBJECT'TO T.HE LAWS OF MEXICO:ONLY'- NOT THE LAWS OF THE "UNITED .STATES OF`AMERICA: THE REPUBLIC,OF MEXICO CONSIDERS ANY AUTO ACCID.ENT,A CRIMINAL OFFENSEAS WELL AS A CIVIL MATTER, IN SOME CASES THE :COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT" BE RECOGNIZED BY THE MEXICAN,AUTHORITIES"AND WE MAY NOT BE,ALLOWED TO IMPLEMENT I THIS COVERAGE AT ALL IN MEXICO. 'YOU SHOULD'CONSIDER•PURCHASING AUTO CO_VERAGE, FROM A.LI.CENSED MEXICAN INSURANCE.COMPANY BEFORE DRIVING.INTO MEXICO. THIS.ENDORSEMENT DOES NOT APPLY TO'•ACCIDENTS OR LOSSES`WHI•GH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES,OF AMERICA, i A: :Coverage 1. Paragraph B.7 of SECTION IV'- BUSINESS':AUTO CONDITIONS is::arnended by!-the addition of the following: The coverage territory is,extended bq include Mexico•but only if ali of,the following criteria are met; a. The":accident"or"loss"occurs within 25 miles of'the.'United Statesrborder and' b. .While on a trip into Mexico for 1O:days or'',les.s: 2. For coverage provided" by this section of "the :endorsement; Paragraph B:5. 'Other Insurance in SECTION IV-BUSINESS AUTO CONDITIONS,is replaced by the following; The insurance provided by this endorsement will be excess over any other°collectible insurance. B`: Physical"D'amage Coverage is.amended.by the addition of,the following: If a "loss" to a covered `'auto" occurs in Mexico,'we will pay for-such "loss" in the United States. If'the covered "auto"must be repaired in Mexico in order to be driven, we will-not pay-more than:the actual cash value;:ofsuch "loss"at the nearest United:States point where the;repairs can be made: C. Add itional;Exclusions The following.addiitiona[exclusions.are added: This insurance..,does not apply: 1. If the covered"auto' is not principally garaged:and p rinc pally'used:in the United'States,, 2: To,any""n"sured"who is.not al,re,siderit of the Unit"ed States- AC 8448 0613 ©2013"Liberty°'Mutual Insurance.All rights reserved.. Page 10 of l Includes copyrighted'material of Insurance Services Office,Inc:. with its permission. 11/10/2014 11:01:26 am Policy Number i Issued'b.y XXIV. WAIVER OF=SUBROGATION Paragraph A.5., in .SECTION 'IV - BUSINES&"AUTO CONDITIONS does not apply" to any person or organization where the,Named'Insured ihas,agreed,by Written contract executed prior to the date of"accident", to'vwaive rights of recover a "ainst such i g _y ,g person or organization. Schedule ill Premium Liability Physical Damage `Total Prer'nium: V., Fellow Employee: Sc'hedule'of'Employees- AX.Drive Other Gar Name of Individual LIAB MP UM COMP COLL, XXI': Not'ice,:of GancellatiIbwor Nonrenewal Name and.Addfeess Number°,ofbay$ Ac 84 48.06 16 ©.2013 Liberty Mutual,Insurance.All'rights reserved. Page"1`1 of 1.1 'Inclddes•copyrighted,material bf'lns0r6gce>Seryices Office; Inc. with'its:permission. 11/10/2014 11:01:26 am WAIVER OF OUR RIGHT'T.O RECOVER,FROM OTHERS ENDORSEMENT We have,the.right to recover our payments from anyone liable for an'injury covered by;this policy. 'We wily,not, enforce our right against the person or organization ha.neI d iWthe Schedule: (This agreement apyoks only to the extentthat-you:perfo"rm`work under a written contract that!.requires you to obtain this agreement from us,:) This'agreement shall"=not operate directly orindirectly to benefit anyonenot named;in the Schedule. Schedule Blanket .Wher:e .R"equred By Written Contract o;r, Agreement Issued by; Liberty Mutual Fire Insurance :Company For attachnient.to Policy.No Effective.Date Wc2-Z91 -46321 7=03'4 ssuedto;; Murray Logan Construction 'Inc. W€00 0113 ©;1'383 National Council on Compensation Insurance, Inc., Page 1 of1 Ed.411/1984 11/10/2014 11:01:26 am i ' I Policy Number TB 2-.Z 91 -46321 7-b4;41 Issued by Liberty Mutual ;Fine Insurance. Company THIS ENDORSEMENT CHANGESJHE POLICY. PLEASE READ 1T CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS: This endorsement;modifies:insurance provided'unde'r-the'following3 COMMERCIAL GENERAL LIABILITY COVERAGE PART Index,of modified items Item 1. Reasonable For Item 2., Non-Owned Watercraft;Ektension Item 3. Damage•To Premises Rented To You.-Expanded Coverage Item 4. Bodily injury-To Co-Employees! Item 5'. Health-Care Professionals As;lnsureds Item 6. Knowledge Of Occurrence Item 7., N.6tice'O.f Occurrence Item 8. Unintentional Errors And Omissions- Item 9. Bodily'l jury,Redefiriition Itern%10 Supple"mentary Payments—Increased Limits Item 11 Property I' Yogr:CareiCustodyDrControl Item 12. Mobile'6gwprrient Redefinition Item 13. Newly Formed:Or Acquired Entities! ----jtem 14_...Blanket.Add,ixt2[ial-Insure.d_.11llhere Required B Written Contract Lessors of Leased Equipment Managers or Lessors of Premises. Mortgagees,Assignees or Receivers Owners;;Lessees or Contractors; Architecb; Engineers or Surveyors Any Person or Organization Item 15 Blanket Add'iifional Insured--Grantors`Of^Permits Item-16. Waiver OfRightOfRecovery-By°Written ContractOrAgreement Item 17. Other Insurance:Amendment Item 18. Contractual Liability-Railroads Item 1. Reasonabte.Force Exclusion a. of'Section'I -Coverage,A Bodily Injury And Property Damage Liability'is replaced by#tie following: a. Expected:Orintended Injury, "Bodily,injury or property damage",expected or intended from the standpoint.of the insured, This:.exclusion does not apply to "bodily,'injury or--"property damage" resulting from the use-of,reasonable force to protect' persons-or property; Item 2. Non-Owned Watercraft Extension Paragraph (2)of Exclusion,, of Section,-( cCoverage A- Bodily lnjury And'Property Damage Liability is replaced byfhe following: (2). A watercraft you do.not owil that is: LC 0443 05 12 @,2012 Liberty Mutual Insurance All,rights reserved. Page 1.of 9 Includes copyrighted material of'Insurance Services Office; Inc:,. With its permission. 11/10/2014 11.01.26 am ................. .......................... ,(a) Less: han,,65'feef long; and' (b) Not being- Used to carry rs r y pp, qns or-property f&a charge; Ite.hv3. Damage 46,Prernises Riahlto,d To You Expp'h'd,AdCoveraae A. The final paragraph of 2. Exclusions,.of Sect ion.] - Coverage A I I Bodily Injury.And Property,Damage Liability is replaced by the following: i Exclusions d. through n. d,o :not apply to damage by fire, lightning or exlp b damages explosion,.or su sequen .,,am gpF? resulting from such fire lightning'or explosion'including,water,dbmage to wh4'rented;to.you or temporarily occupied by you With permission of the-owner..A, separate limit of insurance applies,to this coverage.as described in:Section IIV-Limits Of Insurance. B. PbradfCbph:&6fSectibn III-Limits Of'lnstirance is replaced by the",f6lldWidg: 6, Subject to P.arpgrpph;5. above; the Uamage to Premises Rented To You Limit is the most wewill;pay under Coverage for'damages because.of"Property damage"to any-.one jbremises,vhile rented t6,you, & in the case oUdarpadb by-ffe; lightning, explosion or'subsequent damages resulting from such firig,; lightning or explosion includirid-water-dama`ge t oprehis6s-,while fent..e.d. to you brjempor r-J I y occupied you With Of the owner; The DamageTo-Premises Rented To You Limit is thergreaterof: a. $300,000; or b. The Damage To Premises Rented To You i Li claration . Mts.hpwrion.theDe & C. Paragraph 9.a.,:ofthe:d'efihitionof:"ihsured:contfact"`in SectiohV_rQefifiiti6ns isireplaid.ed by:ffi&f6116w ipj. za. A contract for'a,leas6 of premises. However; that portion-�of the:contract for'a lease,df'premises!tha,t indemnifies aw person or organization for damage by�fire; lightnirigi explosion or subsequent damages cesulting-from;.such fire; lightning or explosion including water damage to premises while rented to you or temporarily.occupied by you with permission-of the owner is not an '-'insured contract", D. The`paragraph imnnediatelk folio irf Paragraph (6) of exclu'sibn j, of Section I -:Coverage -Bodily Injury- And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and .(4) of this exclusion do not apply.to.''pr-operty,damade" (other thaip�.d'bmag,e.b..y Jire, lightning or explosion or. subsequent Aarnacies•resulting fr,o-m,s..u,cfi e fir r ,.liohthihg or'e"x'plo'si'o'n,including.water e r damage) to prerhisbs, including the contents of such-pr6rhite. s, rented :to y6u:fora,period of'7 or fewer. - consecutive days: A tepprate'lim it W insurance applies to Damage To Premises Rented To You.a-s-,described in.Section,III,-Limits of'Insurance. Item4. Bodily Injury.To CO.'Employees A. Paragraph,2'. of Section 11-Who Is An Insured is amended to:include: Each of th6 following,is also a n:ihsufed' Your supervisory:,or management "employees` (other than either your "executive officers'` (if'you :are an organization other than a partnership,joint venture or limited liability company)-or.your�managers (if you area limi,ted=liability company)) are insureds while,in the course ,of their empl6ymenit'bi-W''hile performing duties related to:the).conduct.of your bu§lness:with re.00ctlo"bodily°injury'..' (1) To You; - (2) To your if partners or members you-are-a partnership:or joint venture), LC.04 43 05 12 6 2012 Liberty Mutual Insurance.All rights reserved'.. Page 2:61 9 I Inc.ludes copyrig'hted.ma I ter I ia'l,bf Insurance:Services Office, Inc., With.its permission. 11/10/2014 11-01-26 am (3) To your members(if you are a:lirrlited,liability company)- or (4) To a co-'!employee' or "volunteer"worker"While that worker"'is -either in`the course'of his or her&mpIQym6nt byybu or'while peirformirig cluti6s-rbIatdctb-ffib.cohdq t-,6f,q your, (including participation in,,q'ny recreational'activiti6s;%spdnsbr6d,'byy u)� Your `.'emplo Y_ �ees" (other than 'either--.your. !'executive officers.. (if you are, an organii6tioh other than 6 - partnership,joint venture i or-limited liability company) or yodr'Manalge�s (if,ydu are'a limit6,d;liability:c6rii,p6tiy)) 6r'!vo]Ont66rwo&6rs""a.re:'insu'-r'e'-dsW.hile'in the course 6f'their emp.I pynent'br While perform_ ing cUties;eelatid tb:th6conduct;of,,yoUrb f f=a,Good Samaritan Act th'at'resu It's in'"bodily'ipjur usiness_q y" (1) To-,you!,, (2) T&Your Partners or -members(if-'you are a.Oartnet6h,ip.,6r.jb-ilitVOhtueia)', (3) T o,yourrnembers,(iflypp;are a limited liability company);or (4) To a co-."employee" or"volunteer worker" while that.,co-"employeie'-'. or "v6IUFt6br'WorkOr" is.-either in the course df,his_&horremoloyment.by you or while,performing,duties.relatedJ6 the,concluct,of,your'business: (inclocling participation in any recreational activiti& sponsbroo.by you). -A GoodSamaritan Act means?a,n attemotto rescue or aid4person in,,irnmineni.or serious peril, provided the, attempt is not�recklessly made. H6WeVbr, none of -these "employees"es" (including supervisory erViscry or management 'I "volunteer p ariagemen empqyeps,, or ;'.are insureds for-the providl I ng or failure to pro,vide,,pr.ofessional healthcare I I services. 'workers B. The,insurance or.su .provided by'this Item 4. will not apply if the injured person's:sole remedy:f -' ch injury' is provided undera workers'compensation law or any similar law. C. Other Insurance The insurance.;providecl:by this.Item 4. is excess over,any;other valicl;and collectible insurance available toAh& insured,whether primary, excess, contingent,br On any.oth.0(ta sis. Item 51. Health Care Pr.ofe.§sio.6als As.iris6re.ds. A. Paragraphs,2,,,q,(1)(q) and (d) of,,:Septlion 11. -Who Is An Insured,do n6t,.,apply.-to"bodily injury,,"or"personal and. advertising inju� y any injury" of the providing of failure:to,,provide;professional health��are s'orvicbs'b" "!employee"or."vdlunteer,',ofth6 Narh6d,Insdred,'-who i's a:'Ves'ignat6d health care,provider!"if the"bodily injury or"personal and advertising injury" occurs in the:cburse and scope ' h(e.'!8esignated health ca I epFovider's" employment by:;tfie Named I d . nsure B. With respect to,"employees"and "volunteer-workers"proViding.-professional healthcare services, the.f6IIbWing exclusions are added: to Paragraph 2, Exclusions of Section 1.— Coverage A Bodily lqjiiry, And Property Damage Liability and,Paragraph 2. Exclusions of Section I Coverad.0 B — Personal And Ad.vertis.i.ng Injury Liability: This insurance does not apply to: (1) Liability assumed under`an'!insLAfed,contract"or any otheitdontract.or agreement: (2) Liability prising'oqt of the eproviding:q of professional health h care services in Violation of law: (3) Liability arising out of the providing of any professional health care services whilb:'ih any..dog.ree:brider,the influence of iintoxicants3orharcotic's; (4) Liability arisino�'out of dishonest, fraudulent', malicibus or knowingly,wrongfUl acVor failure to act; or LC 04 43 05 112 @2012 Liberty Mufual Instirance.-All.rights reserved. Page.3 of;9 Induclostcopyrighted material.Qlf l.nsuran.ce.SerVices Office? Inc,-,. with its Perm ission. 11/10/2014 11-01-26 am (b) .Punitive or exemplary damages,finesor penalties C.. The following definition isadded to"Section V=Defintions;< "Designated health care provider" means:-any"employee or"volunteer worker," of the Named Insured"whose duties include+ providing professional health care services; including but not" limited to ',doctors; nurses; { emergencyrnedical technicians: designated first aid personn'el:. i i D:. Other'.Insura"rice The insurance provided by"this Item 5. is excess over any other valid'and collectible-insurance available"to--the insured,whether-primary, excess,:contingent or on any other basis:. Item-6. Knowledge Of Occurrence Knowledge_of an "occurrence" by your agent, servant or"employee"will not in itself constitute knowledge by;you unless your"executive officer" or"employee" or otherthird partydesignated:by,you to notifyus of''occurrences" has knowledge of the"occurrence". Item 7. Notice Of Occurrence i For,purposes of Paragraph"2.6. of Section IV Conditions, you,refers '{o an'"executive"officer" of the" Named, Insured or'to,the' "employee"designated by the"insured to give u's notice: Item 8. Unintentional Errors And Omissions Unintentional failure of the'Named Insured to disclose all hazards existing at the inception of'this policy shall not be a-basis for denial of'anycoverage afforded.by this policy: However, you must report such an:error�or omission to us as soon as practicable after"its,discovery: This provision does not affect our right to Collect additional preenlum`or exercise:ourright of cancellati on,onnon renewal. Item 9: Bodily injury Redefinition The definition oV bodily,injury" in Section V=Definitions is Leplaced;by"the_followih "B,odiiy.injury""means: Bodiily injury;.sickness or disease sustained by a person, including death resulting from any,of these at any time;and b. Mental anguish, shock'or humiliation arising out of injury as:defined in Paragraph a: above.`Mental anguish means_any'type of`mental.or emotional illness or distress; item 10. Supplementary Payments-Increased`Limits Paragraphs 1.b. and 1.d. of Section l Supplementary Payments Coverages .A And;B, are replaced by the' following: b. Up to$3;000 for'costof bail bonds required'because of accidents•or'traffic'lawviolations arising ouLof the use of any vehicle to.which'the Bodily Injury LiablityCoverage.applies. 1Ne do not have to furriish-these bonds. d. All Ceasonable eXpenses incurred by the.InsUred at our request to assist us.in the inv(�Stidation or;deferlse.of the claim or"suit"including substantiated loss of earnings up to'-$500 al day because"of time`off from work. LC 0443 05 12, 0:2012 Liberty:Mutual Insurance..All rights reserved. Page 4.0'09 Includes copyrighted material of-Insurance Service's.;Office; Inc:, with its permission. 11/10/2014 11:01:26 am Item ll. 'Property in:'Your Care,,.C,usiodyi0r�.ConiroI A. Paragraphs (8);and (4)of exclusiOn.j',,Of'Settibh.l —.Coveralg,O,A:—Bbdily lnjiury,ard Property DbmagelLibbility only'a0ply,16:' 1. "Prop,6rty.cla.mOge"to'borrowedequipment,.or 2. '!Property damage"`to property in your care,custody-and control whileAn tiFansit. B. This insurance d6ds an v,ot her basis;'not apply to any portion of a loss for whidh1he insured has:availabl&'any btheunlb ss such oth er r�ins u ranc e valid-;and � collectible insurance, wheffierpr'i ary,'excess, contingent, or-o ri I wasispecificallypurchased by the insured to:apply-in excess of Ahis,policy. C. Limits of,Ihsur6nbb, SqIpject to Pa�ragraphs,,23.,;'and 5. 'of Section III — Limits-Of-Insurance, the most we will pay for insurance provided by Paragraph A. . above isv, $10;000.Each OccUrrbirice1im it; $25,6,00,Aggregate Limit 'The.:Each Occurrence.Limit for this:coverage applies to-all damages as a result,of any-on&"occurrence'," regardless of then umber-of persons or ordanizatiors:who sustain damage b0daus6:of thaf:"o,dd!urr6.nc1b"..- The Aggregate 1irniCis'th"e-rhost,wemill pay-for thb:surn'of all' 11. 4arnages under'this Ite Item, 12. Mo,blI.e,Equ 1prin-eirilf,,lRedefin-Ition The clefihition:.of"Mobile Equipment"in Section V—Definitions'is,6me'nd&d,'to.include self pro � jpelled'vehiclds�.Akith perm anently:6ttachedeq uipment.less%than'1000 pounds gross vehicle weight,that,are primarilycle§ighedfor: (1) Snow removal; '(2) Road Maintenance, but'not construction Or resurfacing;or (3), Streettleaning. Itern.1.1 Newly Formed Or Acqqirecl.Entities Paragraph I of Section Il—Who ls An Insured is:replaced by the following: 3. Any organizationi, Qthe.r than a paffh&ship or.'joint venture,.you newly acqdir,e pr.f6eff and over Which-you maintain mdjqrity,ownership or majon y in,tbrest Will qualify as a Nb6ed Insured if;the�re'.is no ctier similar insurance available to that organization:' a. Coverage under this provision is afforded only,.until, '(4) The 180th day after you acquie&.or:f6frn the-organization; (2) Separate coverage is purchased for the organization;.or (3) The end of the policy period, whichey6ris earlier. b. Coverage;,A does not apply to "bodily y injpry 'or property damage'' that occurred before you acquired or Jormed 1 he.organization';,and LC 04 43-05'12 201,2'Liberty,Mu.tuaI,Insurance:All rights reserved: Page 5 of;.9 Includes copyrighted materia[of Insurance,Services Office,,Inc., 'With.its-permission., 11/10/2014 11:01:26 am c: Coverage:B'does not apply to"personal and advertising injury"':arising out,of°an offense committed before you acquired or formed the=organization: Item U. Blanket Additional Insured Where Required By Written Contract:, Paragraph:2.of Section 11;-Who Is An Insured is amended to add the following: E 'e. Add ditional Insured by Written'Contract or Written Agreement- i The:foliowing ace insureds,under the,"policy when you,have ag"reed in d r'itten contract or written agreement to provide°then►coverage.as additional insureds ur der yourpolicy: (1) Lessors of Leased Equipment. The;person(s) or-organizations)from.whom-you lease equipment, but only. with respect to liability for "bodily; injury', "property damage' or "personal and advertising injury" caused, in whole.or in part: your maintenance, operation or use of equipment-leased:to:.you by>such' persons):or,organization(s). (2) Managers or Lessors of Premises:, Any manager or lessor of premises leased to you in which the. written lease agreement obIigatesyouu I to procure additional insured coverage. The.coverage afforded t.o the additional insured is: limited: liability.in.connection with the ownership„ maintenance or use of the:-premises leased.to you:and caused;,Jh whol&bir in part, by some riOligentacts or omissions of you, your"employees", your agents or,your subcontracfors There is no coverage for the. .additional_insured for liability:arising out of the sole neglige,nce.of the additional insured or those acting on, behalf,of the additional insured, except as provided`below. If""the.written!agreement obligates.you to loi660'ret additional insured cov,.e'rage,for the additional 1nsured's sole;negligence, then the coverage fo"r the additional rnsured�shall conform to,the agreement, but only,if the applicable 16W 'would allow you to:indemnify. the;additional insured for liability arising out'.of,the.' ai dition.o nsured's sole negligence. This insurance does:not apply to: (a) Any "occurrence" which takes'place.after you;cease o:be a;tenant in that promises.or to lease that land;.or (b)'Any premises-for which coverage is.-excl uded'by endorsement: (3). Mortgagees, Assignees.orReceivers Any person(s);ororganizatioii(s).with'respect to their liability:as mortgagee; assignee.or receiver and arising out of`the owr ership,;mairitenance or use of;your,premises. This insurance does hot :apply to structural alterations; new construction and demolition •operations performed;by or for"that person or organization. (4) Owners;. Lessees or'Contractors-. any person(s)ror organization(s) to whom you, are. obligated 'by a written agreement to procure additional insured coverage, but.only With respect to aiability for 'bodily injury", "property:damage" or"personal and advertising injury" caused,.in whole.o.r in part, byyour acts or° omissions or the 6Cts or omissions of;your "employees", your agent$,, Or your Subcontractors; In the performance of your ongoing operations. This insurance does'not apply to"bodily injury "property damage.; or"personal and,advertising injury," arising out of"your:work':'included in<the"products=corripleted,operations hazard '.unless you are required to provide such coverage fo'r the additional insured,by the written agreement, and`then:only forthe period of time;required by'the written agreement and.only?foraiability caused, in,whole or in part, by.your acts or omissions or the acts or omissions of your"employees",your agents, oryoursubcontractors. There is no coverage for the additional insured for liability arising out of the sole .negligence of.'the additional insured or those acting ontehalf of the additionaI insured, except as.provided below:. r L"C'04 43 05=12 ©2012 Liberty Mutual insurance.All rights reserved. Page 6 of9 Includes copyrighted material of Insurance Services.O.ffice; Inc:., with its permission.. 11/10/2014 11:01:26 am If the written'agreement obligates°you to procure-additional:insured coverage fo(the_additional insureds, sole,.negligence,then the coverage for the additional insured shall:conform to:=the,:agreement; but only-if the applicable law,'would:allow you.to indemnify the addtional;insured for liability arisingiout the;additional insured's;'sole negligence_: This insurances does'not:apply to ''bodily injury"; :property"damage" or"personal and advertising injury" arising out of the rendering of,. or the :failure to render, any professional architectural, engineering;or surveying services; including (a) The preparing, approving, orfailing'to.prepare or approve; maps; shop drawings; opinions, reports, surveys, field orders, change,orders or drawings-and specifications; or (b) Supervisory; inspection, architectural or engineenng activities, (5) Architects, Engineers or Surveyors: any architect,'engeer, or"surveyor engaged by you but only,with respect to liability for "bodily injury "property damage" or "personal and advertising injury" caused; :in whole:or in.part, by your`acts or omissions or the acts or omissions ofthose acting on your behalf: (a) In connection with,youf premises;or' (b) In:the pe ormance o your ongoing operatloiis:. This`insurance does not apply to,"bodily°injury',;"property:damage or"personal and advertising,.injury arising.out:of the.rendering of or the failure-to render an'yprofessionai se"rVices'.by or for.you including: (a) The preparing, approving, or failing to prepare;or;approve; maps, shop drawings, opinions, reports;; surveys, field orders, change orders:or drawings"and specifications,-or (b) Supervisory;inspection,.architectural:or engineeeing-activitiest_ (6) Any Person or Organization other Than,a Joint Venture:Any person or organization(otherahan a"joint venture of"which you ar&a member) for, whom:you are obligated by a written agreement to procure additional 'insured coverage, but only with respect to liability for~"bodily injury' ''property damage" or "personal and advertising injury" caused in..whdle or in part_; by your acts:or omissions or the acts or omissions,of those acting on your behalf:' (a)'. 'ln.the performance of your.ongoing"operaiions'or i i (b)` In connection with premiseswowned byyou. I This insurance does not applyto 1. Any construction, renovation;'tlemolition orinstallation operations`performed�'by or on:behalf of you,or ihoseoperatirig,on you.r`behalf 2 Any perSOn":or'"organization-:whose profeSSiQn, busirf6ss'or°occuf ti-n-,is that of an architect,.;surveyor ' or engineer-with respect Ito liability arising out of the preparation or,.approval of maps„ drawings, opinions, reports, surveys. change orders, designs„ specification or the performance of any other' professional services:by such person or-organization; or 3, Any person or organization more specifically covered in:Paragraphs"e;(1)through=(5)above. The insurance affordedto anyperson or organization.as an insured under this Pa ragraph 2:e: (1p Applies only to coverage and minimum limits of 'insurance,required by the,written agreement or'-written contract, but in no,-event exceeds either'the scope of coverage or,the.limits of insurance provided by this policy". . LC 0:4 43,06 12' ©"2012 Liberty Mutual Insurance..All rights:•reserved. Page 7 of;9`' Includes copyrighted material of Insurance Services Office, Inc., with its..permission. 11/10/2014 11:01:26 am (2) Does not apply to any person or organization for any"bodily injury', ''property-damage" or"personal and. advertising injury"'if any other.additional insured,endorsement.attachedto,this,policy applies to that person or organization with regard'ao the"bodily injury", "propertydamag"e'or''personal'and advertising;injury'!;; (3) Applies only if the 'bodily injury.'"or "property damage- occurs, 'or offense giving rise to 'personal and!' advertising injury"-is,committed, subsequent to the,execution:of'the•written agreement;•and . (4) Applies onlyif the:written agreement is in;effect at'the time,the"bodilyinjury"or"property:damage"occurs, or at the Time the offense giving..rise-to the'personal and advertising injury is coinrnitted. ltem15: Blanket'Additional Insured Grantors Of Permits P2ragr80h.2. of'Section I(-Who,Is An Insured is amended.to add,the following; Any state; municipality or political:subdivision with respect'•to anyoperations performed by you,or.on your-behalf or in connection with premises you-own,. or control and to :which this insurance,applies,.for which:the state,. municipality or political subdivision has issued a permit. However,this insurance=does not applyto: 1.. "Bodily injury.'', "property damage" or"personal and advertising injury!'arising.out of operations.performed for the state,.municipalityor political=subdivision; 2.. Any"bodily injury"'or "property-damage" included within the "products-completed operations hazard",,except 'when required by written contractor agreement init'iated.prior to loss;or, 3. ''Bodily injury';"property damage';or"personal and,advertising injury";unless negligently;:caused, in whole or in part,._by you or those acting on;your.behalf. Item 16; Waiver Of Right Of Recovery By Written Contract Or Agreement The following. is added Ito Paragraph 8. Trarisfer`Of Rights Of Recovery Aga. nst Others-To Us of Section IV— Conditions We-waive,any rightof recovery because of.payments,W&make under thispolicy forlinjuryondamage=arising out of your,ongoing operations or''yourwork,'' included.in the"products completed operations hazard''thai wie may have against any person;or organization with.whom"you,have agreed:in a written contract.or:agreement to:waive.jour rights:of"recovery but only"if the"bodily'injury"or"propertydamage"occurs, or offense giving rise to"persorial,and advertising injury'is-committed subsequent to the-execution of the:written contract oragreement. .Item 17: Other°Insurance Amendment- If you are obligated,under.a written agreement to'provide liability insurance;on a primary, exce-ss,.:contingent, or any other basis;for any person or organization:that qualifies as an additional insured on this policy, this policy`will apply solely on the basis required by such written agreement:and Paragraph 4.`Other insurance of Section.IV Conditions will not apply. Where the applicable written agreement does not specify on what,basis the liability insurance..will apply, tl e-provisions of Paragraph 4. Other •Insurance of Section IV - Conditions will govern., However, this insurance is,-:excess over_any other.insurance available to the;additional.insured.for which:it is also covered as an additional:insured by atfachment of an endorsement.to another policy providing coverage for the same"occurrerice",claim or"suit". Item 18, Contractual Liability—Railroads Paragraph 9. of S'ectionV=Definitions is replaced bythe following: 9. "Insured Contract"means:' Includes copyrighted material s.lance.All rights reserved„ of 9 Page.8 . LC= 0 04 43 0512 ©212 Liberty Mutual Insur nsurance•Services Office, Inc.,. with.its,,permission. 11/10/2014 11:01:26 am a. A.contract fora lease of"premises. However; that:portion-of the.contract for'�a lease of premises that, indemnifies any.person7 or organization for damage Eby fire to premises while rent4to you,or emporarily occupied by you with'perinissio,n,of'the owner is not an 'Insured contract" b: A,sidetrack�agreerrent; c. Anyeasement or'license:agreement; d. An obligation; as required by ordinance; to indemnify a municipality, except in,connection with°work fora municipality; e. An elevatormairr enance,agreement;. f. That part-of any other contract or agreement:,pertaining to your business:(including an indemnification of a municipality in connection with work performed for.a municipality),under which you assume the tort liability of another part yIo pay-for bodily injury" or "property 'dam"age'"to. a.third person or. organization. Tort" liability means a;liability that-would be imposed by aw inahe absence of anycontract:or agreement. Paragraph f. does not include..that..part:of'any,contract or agreement: 1 That indemnifies an architect, engineer or.:surve or forin u or;dama e;arisin out of; O g y injury 9 g. . (a)' Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports,, surveys,field orders; change orders or drawing`s:and specifications; or I (b) Giving directionsor instructions, or failing'to give ahem, if that is the:prmary:cause' f tiie injuryo.r da'mage,;or {2) Under':which the insured; :if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the 4nsured's: rendering or failing to render. professional services,. including those listed in Paragraph,(1')above,and supervi's'ory; inspection, architectural or engineering activities. LG 0443 05.1 &:202 Liberty Mutual Insurance..All rights=reserved: Page 9 of'9 includes copyrighted material:of Insurance Services Office; inc., with ifs permission. 11/10/2014 11:01:26 am z City of West ('afm Beach h °ttl DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that K%A,L A,i LoG4N Colsrtac-n.t.{ _ 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 violation 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 this 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 contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this omplies fully with the above requirements. Authorized Signature �. Print Name tc Date 11/10/2014 11:01:26 am MEMO r F<OR(OA OFFICE OF THE CITY ATTORNEY To: Jeri Muoio, Mayor From: Nancy D. Urcheck, Deputy City Attor E%mo E IVE D Date: October 31—, 2014 NOV 0 3 2014 Matter No: 14572 CITY OF WEST PALM BEACH Dept. 420 Engineering Services OFFICE OF THE CITY CLERK Re: DS Eakins; Master-Small Utility Construction Projects Transmitted herewith for your signature are original documents which have been reviewed and approved for legal sufficiency. Kindly forward the documents, along with this memo,to the City Clerk's Office. To: Office of the City Clerk The Mayor is authorized to execute the document in accordance with: Y Procurement Code. Commission Approval. Resolution No. City Charter Please take the actions indicated below with respect to these documents: Y Attest to the execution of the Agreement by the Mayor. Y Insert the date of execution beneath the Mayor's signature (if not already dated). Estimated Record Retention Review: (5 years from estimated completion and final payment; service and general contracts) December m20-2-9 (10 years from estimated completion and final payment for construction&CCNA contracts). Please retain one original as a public record and forward the other original to: Robin Hewitt, Engineering Services bm [tom C ��/ F t� OCT 3 ?014 s 1 lJ-S1 pas t+ t;t�2+Cil Cell\f 0mayoes (,),1ICC 11/03/2014 03:00:14 PM h ORIGIN A' F City of ?Nest ft(m Beach U MASTER CONTRACT for SMALL UTILITY CONSTRUCTION ITB No. 13-14-407 Contract No. 14572 Contractor Firm: D.S.Eakins Construction Corporation Contractor Address: 1481 Kinetic Road Lake Park, Florida 33403 Email: steve @dseakins.com Telephone: (561)842-0001 Fax: (561)842-0009 FEI/EIN#591691997 THIS CONTRACT is made and entered into by and between the Contractor identified above and the CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida whose address is 401 Clematis Street, West Palm Beach, Florida 33401(the"City"or"Owner"). WHEREAS, the Owner caused to be prepared specification, drawings and other contract documents for certain work and issued an Invitation to Bid ("ITB")for the above-described project;and WHEREAS,the Contractor submitted its Bid in response;and WHEREAS, the Owner determined that the Contractor's Bid represents the best value to Owner and wishes to contract with Contractor under the terms and conditions contained in the Invitation to Bid; NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the Owner and Contractor understand and agree as follows: 1. Small Utility Protect. Contractor shall be entitled to submit bid(s) for the issuance of Work Orders for small utility projects(under$300,000),which may include, but are not limited:to,the following plus ancillary items: • Water Treatment Facility Work • Water Main installation and repair • Sanitary Sewer Main installation and repair • Storm Sewer Main installation and repair • Sanitary Force Main installation and repair • Valve installation and repair on water main,sanitary sewer main,sanitary force main,and process piping • Air piping installation and repair • Water and Wastewater Pump installation and repair • Material Purchases • Utility Locates • Manholes • Inlets Master SmUtility-081514 14572—DS Eakins 102014 11/03/2014 03:00:14 PM Conduits • Concrete Work • Road Work • Paving • Dewatering • Surveying and Field Engineering for construction layout and as-built drawings • Testing and Laboratory Services • Electrical Improvements • Other small projects as requested 2. Non-Exclusive; No Guaranty. This Contract is non-exclusive and the Owner reserves the right to award other contracts for work falling within the scope of this Contract. No work order(s)or minimum amount of work or compensation is guaranteed under this Contract. 3. Scope of Work. If awarded a Work Order, the Contractor shall furnish all necessary labor, materials, equipment and supplies, and shall execute and complete, to the satisfaction:of Owner and in accordance with the terms and conditions of this Contract all'work described and shown in the applicable Work Order. The work will be small utility projects(under$300,000). 4. Work Order(s); 4.1 Owner will issue Work Orders for small utility construction projects to awarded Contractor on an as-needed basis. Each work order will be on Owner's form and detail the specific project scope of work, project schedule for completion and compensation. All terms and conditions of this Contract,the General Conditions and the Contract Documents will be applicable to each Work Order. Time.shall be of the essence of each Work Order. 4.2 No work is authorized until a work order is fully executed by the Owner. Any amendment to a work order is not effective and not authorized until such amendment is fully executed by the Owner. No Work Order may be amended to exceed$300,000. 4.3 ' No individual Work Order shall exceed' $299,999.99. A comprehensive project shall not be broken into small related segments/projects in order to fall within the limitations of this Contract. Contractor shall not execute any such Work Order. 4.4 The compensation/price to be paid for each individual work order shall be specified in the work order and shall'be based on the rates/unit prices shown in Exhibit A. 4.5 Work Orders shall be completed within the time indicated'for each Work Order. Time is of the essence of each Work Order. Contractor shall'proceed with the work and shall conform to the schedule for each Work Order. Work shall commence on the date indicated,In the Notice to Proceed issued by Owner and be substantially complete and then fully complete in accordance with the Work Order schedule and the General Conditions,with such extensions of time as are provided in.the General Conditions. 4.6 No Work Order may be issued'for Services to be completed after the expiration of this Contract. The form of Owner's Work Order is attached to this Contract. 5. Payment and Invoices. Payment for Work Orders shall be made in, accordance with the General Conditions of this Contract. Contractor acknowledges that if a construction bond is required,final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents. Master SmUtility-081514 14572—DS Eakins 102014 2 t 11/03/2014 03.00.14 PM i 6. Term of Contract. 6.1 Term of Contract. Subject to the termination.rights of the Owner, this Contract shall have a term of three(3)years,commencing as of the date of execution by the Owner. The Owner shall execute this Contract last. 6.2 Renewal. At the sole option of the Owner, this Contract may be renewed for up to two additional twelve (12) month periods. Contract renewal will only be effective upon a written contract amendment executed by both parties. Renewal terms and conditions for this Contract shall be unchanged. 7. Liquidated Damages. The actual damages Owner and the public may suffer as a result of the failure to complete work under a Work Order within the scheduled time are not ascertainable at the time of this Contract. If said work under any Work Order is not substantially and-then fully completed within the time established by the Work Order and the General Conditions, as may be adjusted, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a penalty, a sure per calendar day for each and every day or part of a day thereafter that said work remains incomplete. Unless a Work Order specified otherwise, Contractor shall pay to Owner the sum of Two Hundred Dollars($200)per calendar day as liquidated.damages. 8. Construction Bond(s). If the estimated amount of any Work Order is$200,000 or more, or if a bond is required'by ECR/City on any other Work Order, then prior to the commencement of the work under such Work Order, Contractor shall record a public construction bond, in an amount not less than the total:cost of such Work Order, on City approvedl forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond(s)prior to commencing work and submittal of first invoice. The ECR Board and City shall be co-obligees under such bonds. The bond shall incorporate by reference the terms of the Contract Documents in their entirety. 9. Required Insurance. 9.1 Contractor shall maintain following, liability coverage, in the limits specified, and shall provide evidence of such coverage prior to Contract execution: Comprehensive General Liability: Not less than $1,000,000.00 Combined:Single Limit per each occurrence and $2,000,000 aggregate, with bodily injury limits. May not be subject to a self- insured retention or deductible exceeding$25,000: Automobile Liability: Not less than$1,000,000.00 for injuries per person in-any one accident or occurrence and $1,0001000:00 in the aggregate for injuries per occurrence or accident, with $100,000:00 for property damage in any one accident or occurrence. May not be subject to a self-insured retention or deductible exceeding$10,000. Worker's Compensation: Worker's Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $500,000 "each accident," $500,000 "disease policy limit,"and$500,000"disease each employee." Any liability coverage on claims made basis shall remain effective for five(5)years after final payment. 9.2 Based on the work to be performed, specific Work Orders for specific utility work projects may require additional insurance coverages. 9.3 Additional Insured: All required insurance (except Worker's Compensation and Professional Liability)shall include an Additional Insured endorsement identifying the City of West Palm Beach as Additional Insured. No costs shall be paid by the Owner for an additional insured,endorsement. 9.4 Certificate of Insurance: Evidence of insurance, being a current ACORD certificate of insurance or its equivalent, executed by the insurer, or its agent or broker, evidencing that a:policy of insurance and any required,endorsements have been issued by the agent/broker shall be delivered'to Owner prior to execution of any contract awarded. The Certificate of Insurance shall be dated and show the name of the insured,the specific contract or work authorization by name,WA number and contract number,the name of the insurer,the number of the policy, its effective date, and its termination date. Master SmUtility-081514 14572—DS Eakins 102014 3 11/03/2014 03:00:14 PM 9.5 Sub-Contractors. Proposer(s)shall ensure that any sub-consultants will maintain during the term of their contract,the above types of insurance, in coverage amounts acceptable to the Owner.. 10. Contractor's Understanding. It is understood and agreed that the Contractor shall, prior to the execution of any Work Order, by careful examination, satisfy itself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions. Execution of a Work Order by the Contractor shall be a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with local conditions under which the work is to be performed and correlated'personal observations with requirements of the Contract Documents. Contractor agrees that its inspection of the site and review of information furnished by Owner shall be adequate investigation. By execution of a Work Order, Contractor represents that the,plans and specifications are consistent, practical, feasible and constructible within the scheduled construction. time and Contractor affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or site. Contractor agrees that that if during construction any discrepancies, defects, etc., are discovered by or made known to Contractor, Contractor shall immediately communicate same to-the Owner. 11. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project(or if no certificate of occupancy to be issued-'within one year of substantial completion)or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 12 Ethics. Contractor acknowledges, agrees and commits that it shall comply with all applicable state, county and Owner rules and regulations. 13. Inspector General. Contractor is aware that the inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and any Work Order hereunder, and may demand and' obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be a material breach of this Contract justifying its termination. 14. Small. Business. Contractor agrees to use the certified small businesses identified by Contractor for each Work Order in the manner and proportions set forth in the Work Order and Small Business Commitment form. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program and the utilization of an payment to certified:small businesses under this Contract. Contractor shall make said records available to the Owner for inspection during reasonable business hours. 15. Contract. Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The term "Contract" and or "Contract Documents" shall include all project and work requirements, the terms and conditions contained in this Contract and the General Conditions, on the Owner website(s), each Work Order and the following documents, all of which taken together are incorporated herein and form the Contract Documents. The Contract Documents constitute the entire agreement between Contractor and Owner and supersedes all prior verbal and written agreements, understandings; negotiations and'discussions between the parties hereto. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. For convenience sake, all of the Contract Documents may not be attached to this Contract, but the indicated documents are incorporated and make up the Contract Documents, regardless of whether they are attached. El General Conditions El Exhibit A—rates/prices 0 Public Construction bond(s) Master SmUtility-081'514 14572–DS Eakins 102014 4 11/03/2014 03.00.14 PM Ij ❑ Contractor's Insurance ❑ Drug Free Certification ❑ RFP 13-14-407 ❑ The following Contract Documents may be found at www.citvofwpb.orq/engineering/. Owner's Approved Materials List Owner's Engineering Standard Details ❑ Each Work Order and all associated Documents The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized representatives. ATTEST: CITY OF WEST PALM BEACH By: By: City Clerk Geraldine Muoio, Mayor Date: 11+ 3 2014 CITY ATTORNEY'S OFFICE Approve form and legality By: WITNESS: Contractor: D.S. EAKINS CONSTRUCTION CORPORATION By: Zww/0'0'/w Print Name: Cindi M. Frick Print Name: i4ivalas S. Eakins Title: President Master SmUtility-081514 14572—DS Eakins 102014 rJ 11/03/2014 03:00:14 PM CITY OF WEST PALM BEACH Small Utility Construction v Work Order No. Contract No. 14572. Contractor: D.S.Eakins Construction Corporation Work Order Title: 1. Work: A detailed scope of work to be performed under this Work Order is attached as Exhibit A. El (check if applicable) Technical specifications and drawings for the Project prepared by dated: , project number (the"Contract Drawings")describe the work and are Contract Documents for this Work Order. 2. Schedule: Time is of the essence of this Work Order. The Contractor shall commence Work under this Work Order on the date indicated in the Notice to Proceed-and fully complete said Work in accordance with Exhibit Substantial Completion shall be: days from Notice to Proceed. 3. Work Order Price. The total amount to be paid to the Contractor by the Owner under this Work Order shall not exceed the sum of ($ ) subject only to adjustment as provided in the General Conditions. The price shall be .based on:the rates/unit prices under the Contract. No Work Order may exceed the price of Three Hundred Thousand Dollars. Payments shall be made in accordance with the General Conditions. Contractor acknowledges that if a construction bond is.required,final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated'insurance documents. E (checkif applicable) A detailed schedule of values is attached as Exhibit_ ❑' (check if applicable) Contingency. Owner and Contractor agree the project budget shall include an Owners contingency, which shall be utilized in accordance with the General Conditions, sum in the amount of 4. Liquidated Damages. In accordance with the Contract Documents, Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages for each and every calendar day or part of a day that the work remains incomplete,the sum of Two Hundred Dollars($200.00)per calendar day. 5. Construction Bond. Unless indicated below, Contractor will record the required public construction bond, on Owner forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond'prior to commencing work under this Work Order and submittal of first invoice. (check if applicable) Construction bond not required and Work Order Price is less than$200,000. 6. Special Terms. Master SmUtility-081514 14572—DS Eakins 102014 6 11/03/2014 03:00:14 PM 7. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project(or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 8. Small Business: The small business commitment for this Work Order is %. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program and the utilization of an payment to certified small° businesses under this Contract. 9. Insurance: Contractor hereby confirms that it maintains the insurance coverages required under the Contract and that certificates of insurance evidencing current policies are on file with the Owner as of the date of this Work Order. 10. Contract Reference: This Work Order shall be performed under the terms and conditions described within the master contract titled Master Contract for Small Utility Construction, dated , by and between the City of West Palm Beach and the Contractor named above ("Contract"). 11. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The following documents are Contract Documents with respect to this Work Order, regardless of whether they are attached: E Technical.Specifications and Construction Drawings and specifications identified above. 0 Scope of Work E Contractor's Bid and Schedule of Values E Construction Schedule Special Terms Grant Requirements Substitution Sheet El Contractor's Material Suppliers List El Schedule of Subcontractors—including suppliers 0 Trench Safety Compliance Form E Small Business—Statement of Small Business Participation I: El The following Contract Documents maybe found at www.citvofwpb.orq/engineering Approved Materials List Owner's Engineering Standard Details CONTRACTOR: CITY OF WEST PALM BEACH D.S. EAKINS CONSTRUCTION CORPORATION By: Geraldine Muoio, Mayor Print Name: Date: . 20 ATTEST: City Clerk CITY ATTORNEY'S OFFICE Approval as to form and legality By: Master SmUtility-081514 14572—DS Eakins 102014 7 11/03/2014 03:00:14 PM ,`$rh GENERAL CONDITIONS U ' SECTION: CAPTION GC 1 Definitions GC 2 Contract Documents GC 3 Owner GC 4 Contractor GC 4.1 Contractor Responsibilities GC 4.2 Contractor Review GC 4.3 Supervision and Labor GC 4.4 Materials and Equipment GC 4.5 Substitution GC 4.6 Quality:Assurance GC 4.7 Permit and Fees GC 4.8 Notice to Proceed; Schedule; Delay GC 4.9 Survey;Lines, Grade, Levels and Dimensions " GC 4.10 Record Documents GC 4.11 Work Site GC 4.12 Protection of Work and Property GC 4.13 Concealed:or Unknown Conditions GC 4.14 Safety GC 4.15 Progress; Reporting GC 4.16 Shop Drawings, Samples and Submittals GC 5° Inspections and Testings GC 6 Correctioni of Work GC 7 Work by Others at Site GC 8 Changes in the Work GC 9 Completion GC 9.1 Requirements Prior to Substantial Completion GC 9.2 Notice GC 9.3 Substantial Completion GC 9.4 Inspection and Punch List GC 9.4 Substantial Completion GC 9.5 Punch List Retainage GC 9:6 Requirements Prior to final Inspection GC 9.7 Final Inspection GC 9.8 Owner's Rights GC 9.9 Final As-Built Documents FORM GENCON 100914 11/03/2014 03.00.14 PM GC 9.10 Use of Completed Portions GC 10 Payment GC 10.1 Schedule of Values GC 10.2 Taxes GC 10.3 Payment When Performance and Payment Bond Required GC 10.4 Payment Requests GC 10.5 Initial Payment GC 10.6 Progress Payments GC 10.7 Decision to Withhold Certification of Payments Requests GC 10.8 Retainage GC 10.9 Payment to Subcontractors GC 10.10 Final Payment GC 10.11 Final Payment to Subcontractors GC 10.12 Allowances GC 10.13 Contingency Funds GC 10.14 Withheld Payments GC 10.15 Local Government Prompt Payment Act GC 11 Bonds GC 11.1 Performance and Payment Bonds GC 11.2 Surety GC 12 Liens and Releases of Liens GC 13 Insurance; Indemnification GC 14 Subcontractors and Suppliers GC 15 Engineer/Architect's Status GC 16 Termination and Suspension GC 17 Unexcused Delay; Liquidated Damages GC 18 Claims and Disputes GC 19 Warranty Inspection GC 20 Royalties and Patents GC 21 Legal and Ethical Provisions GC 22 Miscellaneous 2 FORM GENCON 100914 11/03/2014 03:00:14 PM GC 1 DEFINITIONS The following definitions will apply regardless of whether the word(s) is capitalized if the context is appropriate. "Addenda" is a document issued prior to the opening of bids which clarifies, corrects or changes the bidding requirements or the proposed Contract Documents. "Agreement" is the written instrument which is evidence of the agreement between Owner and Contractor covering the Work. "Change Order" shall mean a written order issued by the Owner and accepted by the Contractor, authorizing additions, deletions, or revisions in the Work, or an adjustment in the contract price,or contract times, issued on or after the Effective Date of the Contract. "claim" shall mean a demand or assertion by the Owner or Contractor seeking an adjustment of the contract price or contract times, or both, or relief with respect to the terms of the Contract." "Constructive Change Directive (CDD)" is a document issued to authorize Work when a change order is not yet issued or has not yet been agreed upon. "Construction Drawings" or "drawings" are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections,details,schedules and diagrams. "Contract date shall be the date on which the Contract is signed by the last of the two parties to sign and.deliver: "Contract Documents" or "Contract" consist of the Contract between the Owner and Contractor, the payment and'performance bonds (or public construction bond), the General Conditions, any supplemental or special terms or conditions of the Contract, Construction Drawings, specifications, bidding documents, addenda, and other documents listed in the Contract, regardless of whether physically attached to the Contract, and any amendments or change orders issued and duly executed after execution of the Contract. "Contractor"shall mean the entity contracting with the Owner to perform the Work or its authorized representative. Contractor shall be lawfully licensed to perform the Work. "contract price" is the total amount payable by the Owner to Contractor for performance of the Work under the Contract Documents. "day" shall mean calendar day, unless otherwise specifically indicated. Where the performance of any act_is directed, the time shall be computed so as to exclude the first and include the last day of the prescribed period. When the last day of a period falls on a Saturday, Sunday or legal holiday (observed by the party) the period shall end on the next day that is not a Saturday, Sunday or legal holiday. "Engineer/Architect" shall be used and shall be understood to mean the professional engineer or architect consultant retained by the Owner as the Engineer or Architect of Record, or the designated staff engineer of the Engineering &Public Works Department of the Owner. "fifty percent completion" of the Work is defined as that point in time where 50% of the overallr value of Work items incorporated and which will remain in place subsequent to Final Completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractor's mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work do not apply to the determination.of"Fifty Percent Completion"of the Work for purposes of establishing entitlement to a reduction of retainage. 3 FORM GENCON 100914 11/03/2014 03:00:14 PM "Final Certification" is the document issued to Owner by the Engineer/Architect upon finding the Work acceptable under the Contract Documents and all requirements fully performed. "Final completion" shall be deemed to have occurred when the Engineer/Architect finds the Work acceptable under the Contract Documents and that all contract-requirements have been fully performed. "Notice to Proceed" is the written notice given by Owner to Contractor fixing the date on which the Contract time will commence to run,and on which Contractor shall start to:perform the Work under the Contract Documents. "Owner" or "City" is the City of West Palm Beach. The authorized representative for execution of the Contract and any amendments or change orders is the Mayor. -project" is the total construction, of which the Work performed under the Contract Documents may be the whole or a portion; and may include construction by the Owner and/or separate contractors. "schedule of values" shall be a Contractor prepared and maintained schedule allocating portions of the contract price to various portions of the Work and used as a basis for reviewing the Contractor's application for payment. "shop drawings"are drawings, diagrams, illustrations, schedules and other data specially prepared for the Work by Contractor or its Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Shop drawings are not Contract Documents but are used to demonstrate how the Contractor proposed-to conform to the design concept of the Contract Documents for those portions of the Work for which the Contract Documents require submittals. "specifications" are that portion of the Contract Documents consisting of the written- requirements for materials, equipment, systems, standards and workmanship for the Work and performance of related services. "subcontractor' is a person or entity in direct or indirect contract with the Contractor, or with any other subcontractor,to perform a portion of the Work. "substantial completion" shall be deemed to have occurred when the Work has progressed,to the point where, in the opinion of the Engineer/Architect, the Work is sufficiently complete, in accordance with the Contract Documents,so that the Owner can utilize the Work and 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 except where a lack of completion of such incidental or incomplete items of Work will adversely affect the complete operation of other areas of the Work. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific are set forth in the Special Terms or Supplemental Conditions. "Supplemental Conditions" are that part of the Contract Documents which amends or supplements these General'Conditions. 'Work means the construction services required by the Contract Documents and Includes all_labor, equipment,materials,documents and services to be provided by the Contractor to fulfill the Contractor's obligations under the Contract. Work may refer to the whole or a portion of the.project-. The terms"Owner", "Contractor", "Engineer/Architect" and"Subcontractor'are treated'throughout the Contract as if each were of the singular number and masculine gender. 4 FORM GENCON 100914 11/03/2014 03.00.14 PM GC 2 CONTRACT DOCUMENTS 2.1 EXECUTION, CORRELATION AND INTENT OF DOCUMENTS: 2.1.1 The Contract shall be executed in at least two original sets by Owner and Contractor. 2.1.2 The Contract Documents are intended to include all items necessary for the proper execution and completion of the Work by the Contractor. Any labor, services, materials, equipment or documentation that may reasonably be inferred from the Contract documents or trade usage or prevailing custom as being required to produce the indicated result will be provided whether or not specifically called for,at no additional cost to Owner. 2.1.3 The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. In the event of any inconsistency among the Contract Documents, where such inconsistency is not clarified by change order or addendum, the Contract Documents shall be construed according to the following priorities: First Priority: Approved Change Orders,Addendums or Amendments Second Priority: Specifications(quality) Third Priority: Drawings(location) Fourth Priority: Supplemental Conditions or Special Terms Fifth Priority: General Terms and Conditions Sixth Priority: Contract Seventh Priority Invitation to Bid Eighth Priority Contractor's Bid 2.1.4 In any event of inconsistency, however,the latest,and more stringent,or technical, or the lesser quantity requirements shall control the work to be performed by Contractor, as determined by the Engineer/Architect. 2.1.5 Organization of the Specifications into sections or arrangements of the Construction Drawings shallL not control how the Work is distributed to subcontractors or among the trades. 2.1.6 The Contract Documents make no attempt to fix the scope of work of any subcontractor nor the responsibilities of the subcontractors. 2.1.7 Unless otherwise stated in the Contract Documents, words that have well-known conventional' or technical or construction-industry meanings are used in the Contract Documents in accordance with.such meanings. 2.1.8 Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to laws or regulations, shall mean the standard, specification, manual, code, or laws, or regulations in effect at the time of bid opening or on the Contract date if there were no bids. 2.1.9 The following Contract Documents may be found at www.cityofwpb.orglengineering/ Owner's Approved Materials List Owner's Engineering Standard Details Owner's Right-of-Way Construction Standards(if applicable) 2.2 CONSTRUCTION'DRAWINGS AND SPECIFICATIONS, 2.2.1 The Owner through the Engineer/Architect, or the Engineer/Architect as the Owner's representative, shall furnish Construction Drawings and specifications which represent the requirements of the Work as far as practical to be performed under the Contract Documents. The Owner or 5 FORM GENCON 100914 11/03/2014 03:00:14 PM i Engineer/Architect will provide the Contractor with copies of all drawings and specifications, not to exceed four(4)complete sets,for the execution of the Work. 2.2.2 The Contractor shall, immediately upon receipt of the specifications and Construction Drawings, check all specifications and drawings furnished and shall promptly notify Owner, in writing, of any illegibility, error, omission, defect or discrepancy discovered in such specifications and drawings and shall comment as appropriate upon construction feasibility and practicality. Contractor shall obtain written interpretation or clarification from Engineer/Architect prior to proceeding with any Work affected by such illegibility, error, omission, defect or discrepancy. Contractor shall be responsible for obtaining building permits for the Work based on the specifications and Construction Drawings. The Contractor shall perform work only in accordance with,the specifications and permitted Construction Drawings and any subsequent revisions thereto. 2.2.3 If the permit approval process requires a change to the scope of the work, the Contractor shall notify the Owner and Engineer within seven (7) days of Contractor being informed'of the required change or receipt of the permitted Construction Drawings and such notification shall contain a written description of the change and its impact on the cost and schedule, if any. Failure to provide such notice within seven (7) days shall be a complete waiver by the Contractor of all,additional cost and time and Contractor shall perform and additional work at its expense and complete the Work according to schedule and in no event shall'Contractor recover delay or consequential damages. 2.3` OWNERSHIP AND USE OF DRAWINGS AND SPECIFICAIONS 2.3.1 Any and all Construction Drawings produced for the Owner become the property of the Owner. The Contract Documents, in whole or in part, are to be used,by the Contractor only with respect to the project and the Work, and shall not be used by the Contractor for any other purpose without written authorization by the Owner. This prohibition shall survive completion or termination of the Contract. The Contractor may retain copies of Contract Documents for record purposes. 2.3.2 For security reasons, building plans, construction drawings, security features and technical details and specifications of City-owned facilities are not public documents. These documents may be shared by Contractor with those employees and subcontractors as needed to perform the Work. However, Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without Owner's prior written approval. 2.4 ELECTRONIC DATA Unless specifically stated in Supplemental Conditions or Special Terms, and excepting the electronic documents referenced in GC 2.1'.9; the data, specifications and drawings that may be relied upon are limited to the printed copies (hard copies).if the parties intend to transmit any data, information- or documentation in digital form, with the intent of reliance on such transmission, and not solely for the convenience of the receiver, the parties to the transmissions shall establish protocols for such transmissions. GC 3 OWNER 3.1 Owner shall,be responsible for obtaining any easements necessary for the Work to be performed at the indicated site. 3:2 The furnishing of any surveys, utility locations, or other site information by the Owner does.not relieve Contractor of its responsibilities under the Contract Documents. Owner makes no representation or warranty as to the accuracy of any information provided to Contractor. 3.3 Unless otherwise provided in the Contract Documents, Owner shall provide Contractor with at least one(1)but no more than four(4)complete set(s)of Contract Documents. 3.4 Unless otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer/Architect. 6 FORM GENCON 100914 11/03/2014 03.00.14 PM 3.5 Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. 3.6 OWNER'S RIGHT TO STOP WORK. If Contractor fails to correct Work that is not in accordance with the Contract Documents, or repeatedly fails to perform Work in compliance with the Contract Documents, Owner may issue a written order to Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated or resolved. 3.7 OWNER'S RIGHT TO PERFORM WORK. Owner reserves the right to perform or complete all or a portion of the Work in the event of Contractor's failure to perform:the Work in accordance with the Contract Documents, after written notice of such failure and a five (5) day period to cure such failure(s).. Owner's exercise of its right to perform the Work shall be without prejudice to any other remedies Owner may have. In such event, a change order shall be issued deducting the Owner's costs, including additional compensation to Engineer/Architect,from payments thereafter due to Contractor. The amounts deducted shall be subject to review by Engineer/Architect. If payments due to the Contractor are not sufficient to cover the amount, the Contractor shall pay the difference to Owner. GC 4 CONTRACTOR 4.1 CONTRACTOR RESPONSIBILITIES. 4.1.1 Contractor shall supervise, inspect and direct the Work, competently and:efficiently, in accordance with the Contract Documents. The Contractor shall be held liable to Owner for the performance of all Work provided for under the Contract Documents. 4.1.2 Contractor shall employ and or subcontract with subcontractors that are qualified to successfully complete the Work and within the contract time specified. 4.1°.3 Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment andE machinery, heat, utilities, travel, lodging, insurance, facilities and'services necessary for the proper execution and completion of the Work. 4.1.4 Contractor shall be solely responsible for all construction means, methods, techniques, sequences, procedures and safety programs in connection with the performance of the Work. Contractor shall: be solely responsible for the engagement, management and performance of any subcontractors used to perform any portionr of the Work. 4.1.5 Contractor shall be liable to Owner for materials and equipment furnished. This shall include all materials and equipment whether manufactured and/or fabricated by other persons. In the event that an agent or other representative of the Owner approved the installation or erection of any item of material or equipment and the Contractor feels the same is not fabricated in good workmanlike manner, Contractor shall forthwith advise the Engineer/Architect and the Owner of such situation in writing. 4.1.6 Contractor shall maintain a log of daily Work activities, including manpower records, weather, delays, major decisions, etc., and provide a copy of same to Owner upon request. 4.1.7 Contractor shall maintain a current roster of subcontractors with name and contact telephone numbers for key personnel and provide a copy of same to the Owner at the beginning of the project and at any time the information is revised. 7 FORM GENCON 100914 11/03/2014 03:00:14 PM 4.1.8. Contractor shall provide a safety program for the project and conduct a safety meeting. prior to commencing work and at regular intervals, no-less-than once per month,during the prosecution of the Work. 4.1.9 For street and utility construction, Contractor shall give notice of commencement of construction to all nearby properties which may be affected by the Work at least seven (7);calendar days prior to commencement of construction. Owner's project manager will assist Contractor in determining those properties requiring notice. 4.1.10 Contractor shall not perform any Work unless,the Contractor is in.compliance with GC GC 4.8.2 and GC 4.10:1. 4.1.11. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions andl programs in connection with:the Work. 4.2 CONTRACTOR REVIEW. 4.12.1, shall carefully study and'review the Construction Drawings, plans and specifications to assure itself and Owner that Contractor has observed no defects or discrepancies in the Construction Drawings or specifications and such plans are consistent, practical, feasible and constructible within the scheduled construction-time. It is recognized,that Contractor's review is made in Contractor's capacity as a contractor and not as a design professional', unless otherwise specifically provided in the Contract Documents. 4.2.2 The Contractor shall, by careful examination; satisfy itself, to the extent it deems necessary, as to the nature and location of the Work,the conformation of the,ground and site, access and' transportation of materials, the character, quality and quantity of the materials, storage, handling and disposal of materials, the character and storage of the equipment and facilities needed preliminary to and during the prosecution of the Work,the availability; quantity and quality of labor, water and electric power; availability and` condition of roads; climatic conditions; location of underground utilities;, existing site conditions, topography-and'ground conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; the general and local conditions and all other matters which can in any way affect the performance of the Contract. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with conditions under which the Work is to be ,performed and, correlated personal observations With requirements of the Contract Documents. No change shall' be made to the contract price on account of minor differences between actual field: conditions andi the Contract Documents. Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing-the Work. 4.2.3 If the Contractor, whether prior to or during construction, discovers or becomes aware of any discrepancies.,defects;errors or omissions in the Construction Documents,or any issues or concerns regarding the Work site, Contractor shall immediately report them in writing: to the Owner and the Engineer/Architect. 4.2.4 Subsoil Conditions. Unless otherwise stipulated in the Construction Documents, no subsoil,investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions as necessary. Contractor shall be responsible for coordinating.and scheduling geotechnical services based on.Contractor's testing requirements. 4.2.5 Underground Utilities and Facilities. Where applicable, Contractor shall be responsible for locating;all:underground utilities and facilities. Owner shall not be responsible for the accuracy or completeness of any information or data provided regarding underground'utilities or facilities. 8 FORM GENCON 100914 11/03/2014 03:00:14 PM 4.3 SUPERVISON& LABOR 4.3.1 Contractor shall supervise, direct and inspect the Work using Contractor's best skill and attention. Contractor_shall enforce discipline and order at the Work site. Contractor shall be solely responsible for the means, methods,techniques,sequences,and procedures of construction 4.3.2 Proiect Manager. To ensure that the work will be performed to the requirements of the Contract Documents, Contractor shall, at all times during the progress of the Work, assign and keep a competent Project Manager satisfactory to the Owner. The Contractor shall advise the Owner and Engineer/Architect, in writing,within ten (10)calendar days after the date of Owner's issuance of a Notice to Proceed, the name and local address of the Project Manager who will be in responsible charge of the project, together with the extent of his authority to represent and act on behalf of the Contractor, along with the Project Manager's cell' phone number. In.the event the Contractor must replace the Project Manager during the pendency of the Project, Contractor shall, unless otherwise impossible, give Owner at least ten(10) calendar days prior notice of such replacement and advise Owner of the name and cell phone number of the new Project Manager. The Contractor will ensure that Owner and Engineer/Architect shall be able to reach the Project Manager at his cell phone number at all working hours and during emergencies. The Project Manager shall represent the Contractor in his absence and all notices and directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed'on written.request in each case. At anytime Owner may request and Contractor shall replace the individual performing as Project Manager with.an individual acceptable to Owner. 4.3.3 Labor. Contractor shall employ only competent, skilled and suitably qualified personnel to perform the work. Contractor shall remove from the jobsite any personnel of Contractor or subcontractors who is unfit or not properly skilled:in:the tasks assigned'to him, or working:in violation of any provision of the Contract. Contractor and all subcontractors shall be bound bycand comply with all applicable Federal; State and local laws regarding.labor, 4.3.4 Hours. Except as otherwise required for safety or protection of persons or the Work, or adjacent property, and except as otherwise provided in the Contract Documents, all Work at the project site shall be performed Monday through Friday, 8 am to 5 pm. If the Contract Documents specifically required work to be performed beyond normal working flours, weekends or legal holidays, or should the completion time required work to be performed at said times, or should the Contractor, with the Owner's permission, elect to perform work at said times, any additional costs resulting from working at said times are the Contractor's sole responsibility. All work performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to Owner. 4.4 MATERIALS.&EQUIPMENT. 4.4.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, services, transportation, and other facilities necessary for the execution and completion of the Work. 4.4.2 Unless otherwise specified only new, unused materials, equipment and items of recent manufacture, of designated quality, free from defects, will be accepted. All workmanship will be of good quality. Contractor shall, if requested, furnish evidence satisfactory to the Owner as to the kind, quality and manufacturer of materials. Owner will be the final' authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Contract Documents. 4.4.3 No work defective in construction or quality, or deficient in meeting any requirement of the Contract Documents, Construction Drawings or specifications, will be acceptable regardless of Owner's failure to discover such defects during construction; nor will inspection by the Engineer/Architect relieve Contractor from ensuing the quality of the Work as required by the Contract. No payment, whether partial or final, shall be construed as an acceptance of defective or unacceptable work or improper materials and equipment. 9 FORM GENCON 100914 11/03/2014 03:00:14 PM 4.4.4 Approved Materials. Owner's Approved Materials List is found at www.citvofwpb.org/engineering 4.4.5 Samples. Where samples. are required, samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into the Work without such review. At least fifteen (15) calendar days shall be allowed for Owner's review. 4.5 SUBSTITUTION. 4.5.1 Substitutions are changes in materials, equipment, methods or sequences of construction, design, structural systems, mechanical, electrical, or other requirements of the drawings or specifications. The naming of a specified product of specific manufacturers for equipment or materials in the specifications or Contract Documents shall be interpreted as establishing a minimum standard of quality and performance. It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified; unless the equipment or materials are specifically designated as not permitting substitution. If Contractor objects to equipment or materials specifically designated as not permitting:substitution as not being suitable for the Work, Contractor shall promptly notify Engineer/Architect in writing, absent which; Contractor shall'be deemed to accept the suitability of such equipment or materials for the work. Contractor shall provide written justification and explanation of the objections. Upon receipt of a timely objection notice, Engineer/Architect shall review the objection and render a determination to Contractor of whether a substitute will be permitted. 4.5.2 Contractor may make substitutions only with the consent of Owner, after evaluation-by the Engineer/Architect, and' in accordance with a change order or construction change directive. The burden of proof that such an item offered is equal in all respects to that specified shall be Contractor's. By making a request for substitution,the Contractor represents: - Contractor has investigated'the proposed substitute item, material and/or process and determined that it is equal or superior in all respects to that specified; - That such item will fit into the space allocated; - That such item affords comparable ease of operation, maintenance and service; - That the appearance,longevity and suitability for the climate are comparable; That by reason of costs savings, reduced construction time or similar demonstrable benefit,the substitution of such item will be in Owner's interest; - There will be no detrimental impact to the project schedule; - That the Contractor will provide the same or better warranty for the substitute iterrit as the specified item; - That the cost data presented at the time of request for review is complete and' includes all related costs under the Contract, including costs for review by design professionals, and Contractor waives all other claims for additional costs related to the substitution that are not presented with the request. 4.5.3 All requests for substitutions shall be in writing, with supporting information; shall be submitted by and' at the expense of Contractor. Contractor shall submit drawings, samples, data and additional information as may be required by Owner or Engineer/Architect. At least twenty(20) calendar days shall be allowed for Owner's review. 4.5.4 The above representations do not obligate Owner to consent to the substitution. Owner or its Engineer/Architect shall make the determination as to the acceptability of any substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of the Contract. Contractor shall coordinate the change with all trades and bear the expense for any changes in other parts of the work caused by any substitution. 4.5.5 Contractor may make only two requests for substitution in the same category. Contractor shall be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution requests or in modifying any of the Contract Documents to accommodate the substitution, unless otherwise approved by Owner. 10 FORM GENCON 100914 11/03/2014 03:00:14 PM y 4.6 QUALITY ASSURANCE 4.6.1. Contractor shall develop, implement and maintain a plan for the Work with quality assurance and management and control of the construction services. Contractor shall maintain a continuous presence at the Work site and an adequate inspection system-and perform such inspections as will assure that the Work performed conforms to the requirement of the Contract Documents. 4.6.2 Contractor shall allow the Engineer/Architect full access to the Work for inspection of the Work. When requested by Engineer/Architect, the Contractor shall meet with Engineer/Architect at reasonable times and furnish all information requested. Neither Owner nor Engineer/Architect shall be liable to Contractor for compensation or claims for delay or interference on account of any such meeting, or the supply of information, or tests or inspections. The activities of the Owner and/or the Engineer/Architect in administration of the Contract or in performing tests or inspections shall not relieve the Contractor of its obligations to perform the Work in accordance with the Contract Documents. 4.6.3 Warranty. Contractor warrants to Owner that the Work will conform to the requirements of the Contract Documents and will be free from defects.Work, materials or equipment not conforming to these requirements may considered defective. Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or subcontractors, improper or insufficient maintenance, improper operationor norrnakwear and tear and normal usage. Warranty by the Contractor shall'not be construed as a waiver by the Owner of any other remedy. 4.7 PERMITS AND-FEES. 4.7.1 All permits or licenses necessary for the performance of the Work or required by law or ordinance, including building permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise provided in:the Contract Documents. Contractor shall be responsible for all governmental fees, includingi but not limited to utility fees and connection:fees. 4.7.2 Building Construction. For construction of a building, Owner shall be responsible for all City of West Palm Beach construction plan and permit review fees 4.7.3 Surface and Subsurface Water. Contractor shall obtain all permits required' fromi each applicable regulatory agency with respect to the control of surface and subsurface water. by Contractor during the work, with copies submitted to Owner, unless otherwise provided for in Supplemental Conditions. 4.7.4 Inspection Fees. Contractor shall be responsible for all inspection fees charged by regulatory/governmental agencies. 4.7.5 Rinht-of-Way Permit. For street and utility construction and as otherwise applicable, Contractor shall obtain a City of West Palm Beach right-of-way permit for each required'road' closure. Contractor shall submit detailed Maintenance of Traffic(MOT)plans,signed and sealed by a professional engineer, for each phase of the Work. During the times Contractor is working in the project area, Contractor shall utilize flagmen, traffic control devices and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans shall be reviewed and approved by Owner prior to implementation of work by Contractor. Contractor shall' not close or obstruct any highway, road or other property until the necessary permits have been obtained". 4.7.6 Contractor shall immediately remedy any permit violations and shall be responsible for any damages, remediation,fines or penalties assessed by such agencies for permit violations. 11 FORM GENCON 100914 11/03/2014 03.00.14 PM 4.8 NOTICE TO PROCEED,SCHEDULE: DELAYS 4.8.1 Notice to Proceed. Contract times will commence to run on the date indicated in the Notice to Proceed issued by Owner, unless otherwise provided in the Contract Documents. 4.8.2 Commencement of Work. If a performance/payment bond(s)or public construction bond is required by the Contract Documents, Contractor may not commence any Work until Contractor has provided Owner with a certified copy of the performance/payment bond(s) evidencing that such bond(s) have been recorded with the Clerk of the Court in the Public Records of Palm Beach County. 4.8.3 Proiect Schedule. Within ten(10) calendar days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare-and submit to the Owner and to Engineer/Architect, for review and'approval, a project schedule utilizing the Critical Path Method (CPM) graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Contractor proposes for each such activity to occur and duration (dates of commencement and completion, respectively)of each such activity. The construction schedule shall be complete in all respects, covering approvals, mobilization and demobilization;, construction and Owner occupancy, in addition to activities and interfaces with other contractors at the work site, offsite activities such as design, fabrication, allowance for weather delays (if appropriate), submittals, procurement and, jobsite delivery of Contractor furnished material and equipment, and shall have a completion date that corresponds to the Contract Documents. By executing the Contract, Contractor confirms that it is capable of.properly completing the Work within the completion date set forth in the Contract Documents.The time limit for the completion of the work as described in the Contract Documents is of the essence of the Contract. 4.8.4 Contractor shall take all actions necessary to remain on schedule, at Contractor's sole cost and expense, including but not limited to: 1. Increase manpower as necessary to eliminate work backlog. 2. Increase the number of working hours per shift, shifts per working day, working days per week, construction equipment, or any combination of the foregoing to recover the schedule. 3. Reschedule the work in conformance with specification requirements. 4.8.5 Testing &inspections. Contractor must provide a minimum of five(5)calendar days prior notice for specified testing or inspections that are to be performed by Owner or separate contractors. Such notice,testing and inspections shall be included in:the Contractor's schedule. 4.8.6 Monthly Construction Schedule. For Projects with schedules exceeding 160 calendar days, or where required by the Contract Documents for shorter duration projects,. at the end of each calendar month, Contractor shall prepare a separate construction schedule, formatted to fit in a three-ring binder, to show the actual progress of the Work performed and the occurrence of all events which have affected the progress of performance of the Work already performed or will affect the progress of the performance of the Work yet to be performed,in contrast with the CPM schedule and planned progress of performance of such Work. Each such schedule shall be submitted to the Owner and Engineer/Architect. Failure of the Contractor to prepare and submit the monthly construction schedule(s) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall,be sufficient cause to terminate the Contract or to withhold payment to the Contractor until a current monthly schedule is submitted. 4.8.7 Notice of Delay. The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and Engineer/Architect of the delay, in writing, within five (5) calendar days of a commencement of delay or knowledge of a potential delay. The monthly construction schedule does not constitute notice of delay. A breach and default of contract shall result from Contractor's failure to provide the Owner and Engineer/Architect with notice of the delay and failure to take all remedial actions available to recover the project schedule. 12 FORM GENCON 100914 11/03/2014 03.00.14 PM 4.8:8 Delay. A. Contractor shall not be entitled to an adjustment in contract time or contract price for delays within the control'of, or reasonably foreseeable by, Contractor. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of Contractor. B. Contractor may request an extension of time to the project schedule if Contractor is delayed in the progress of the Work due to causes beyond the control of Contractor and not reasonably foreseeable, including but not limited to, fire,flood, epidemic, terrorist acts, abnormal weather conditions, acts of God, delays of utility owners,any act or neglect of Owner, or by any separate contractor employed by Owner or by any changes ordered in. the Work. Abnormal weather conditions are a substantial variation from seasonal average weather conditions occurring for a significant period of time and, operations were necessarily affected. Contractor shall support a claim'of abnormal weather conditions with local US Weather Bureau climatological report for the period involved' plus a report indicating the average weather conditions for the past 10 years from the nearest reporting station. C. Contract time will not be adjusted for delay in delivery where the delivery was not properly scheduled or an order was not placed at an appropriate time to allow delivery or an order was improperly placed. D. No time extension will be granted for delays resulting from improper scheduling of Contractor's forces or those of separate subcontractors. E. No time extension will be granted' to delays from failure to have shop drawings or samples submitted to the Engineer/Architect in ample..time for a review, or from failure to schedule inspections or testing. F. Delays caused by subcontractors will be considered for time extensions only under the same conditions applicable to Contractor. 4.8.9 Extension of Time. The project schedule may only be changed by an executed Change Order. In the event of a clairrit of delay in.the work, by causes beyond' Contractor's control and`which could not reasonably be foreseen, Contractor must request an extension of the contract completion date in writing and must provide the following information to Engineer/Architect and Owner within five (5) calendar days of commencement of the delay: 1. Confirmation whether all schedule updates, submittals and other conditions of the Contract have been met; 2. Affirmative representation that the delay is beyond the control of Contractor and subcontractors and due to no direct or indirect fault of Contractor. Contractor shall include all documentation to justify the delay. 3. Nature of the delay. 4. Dates of commencement/anticipated end of delay. 5. Evidence that the delayed work results in a direct delay to the schedule critical path. 6. List of.tasks/work affected by the delay. 7. Anticipated extent of delay. 8. Remedial actions taken to get back on schedule. 9. Recommended'action to minimize delay. 10. Confirmation that Contractor has used all the float time available for the work involved in the delay request. 11. Such other supporting information as requested by Owner or Engineer/Architect. Contractor acknowledges that the evaluation of time extensions will be based`on the above information. Owner will not consider a claim for time extension which does not comply with the preceding requirements. 4.8.10 If Owner approves a Change Order extending the Contract time, such extension of Contract time shall extends the project construction schedule and completion date and- substantial completion date for such reasonable time as Owner shall determine in the Change Order. 13 FORM GENCON 100914 11/03/2014 03:00:14 PM 4.8.11 Contractor agrees to complete the Work and project in accordance with the agreed construction schedule,as amended by any approved and duly executed Change Orders. 4.8.12 Waiver. Contractor agrees that failure to timely request a time extension constitutes a waiver by Contractor of such claim for time extension. 4.8.13 Float. Neither the Owner nor the Contractor shall be considered to own the schedule "float"time. 4.8.14 No Damages for Delay; Exclusive Remedy. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims(hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed'to be the result of active, intentional,knowing or passive interference by Owner, Engineer, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead; remobilization or demobilization costs, subcontractor delay claims, supervision, extended unabsorbed' home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the work,whether such delay is avoidable or unavoidable. 4.9 SURVEY; LINES,GRADES, LEVELS AND DIMENSIONS 4.9.1 The Contractor shall locate and lay out all:work from datum and dimension points given on the Construction Drawings. Contractor shall establish and verify lines and grades, levels, elevations and dimensions, as required: Contractor shall take measurements and verify dimensions of existingr and new work. Contractor is responsible for the preservation of all lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor or any of its subcontractors move or destroy or render inaccurate any such lines, points and elevations. The Contractor shall provide five(5) calendar days written notice to-the Engineer/Architect as to its needs for lines,levels, elevations or dimensions. 4.9.2 if the Contractor, in the course of the work finds any discrepancy between the Construction Drawings and the physical conditions of the site, or any errors or omissions in the specifications or in the layout as given, Contractor shall immediately inform the Engineer/Architect and the Owner, in writing, and the Engineer/Architect will review the same and provide corrective instructions, if any are necessary. Any work done after such; discovery, until authorized, will be done at the Contractor's risk. 4.9.3 Survey. Where applicable to the Work, and unless otherwise specified, the Engineer/Architect shall furnish all land survey control points, base lines and benchmarks for the location of the Work. The Contractor shall be responsible for any necessary surveying services, including construction layout and final project record drawings. All survey work shall be performed by an independent, third party surveyor licensed to practice in the State of Florida, hired by Contractor and surveys shall be signed and:sealed. All elevations shall be based on State Plane Coordinates NGVD-29. 4.9.4 For street, utility and other horizontal construction, where Contractor-supplied drawings are required for planning or performance of the Work, such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as field connections for installation. Such drawings shall be submitted by and at the expense of Contractor. At least fifteen (15)calendar days shall be allowed for review by Owner. if drawings show variations from the Contract requirements, the Contractor shall describe such variations in writing at the time of submission. Review and:.permission to proceed by Owner does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials developed or selected by the Contractor and'does not relieve Contractor from full compliance.with the Contract Documents. 14 FORM GENCON 100914 11/03/2014 03.00.14 PM 4.10 RECORD DOCUMENTS: 4.10.1 Record Set. The Contractor shall maintain at the work site one (1) copy of all permitted Construction. Drawings and specifications, marked and kept current, to indicate all field changes, and selections made during construction. Contractor shall at all times give the Owner, the Engineer/Architect and alltrades performing atthe project,access thereto. The record set shall include: a. Construction Drawings b. Specifications. c.Addenda d. Change orders and other modifications to the Contract e.Approved shop drawings, product data,and samples f. Permits 4.10.2 The Record set and As-Built Construction Drawings shall neatly, correctly and accurately show all changes made during construction from the Contract Documents and shall reflect surveyed information.The indicated revisions shall be neat and legible. 4.10:3 Final`AS-Built Documents. Prior to final inspection, Contractor shall provide Owner with "Record"or final"as-built"Construction Drawings and specifications, including all documents listed above, and'which comply with the following requirements: - One complete set of mylar or paper marked-up as-built construction drawings with"RECORD" or"AS BUILT"clearly printed on each sheet and signed'by Contractor; -One complete paper set of marked-up specifications with "RECORD" or "AS-BUILT" clearly printed on the cover. - One electronic copy of all documents, signed and sealed drawings and specifications in".pdf" format; - As-built survey, where applicable, prepared by an independent third party land' surveyor registered with the State of Florida on State Plane Coordinates certifying the elevation and location of improvements;. - For street, utility and other horizontal construction, certified drawings showing horizontal and vertical locations, lines and grade of buried pipe line(s)four (4) inches or larger in diameter and exterior to buildings, and other buried facilities(e.g.valves, tanks,vaults, storm inlets, ducts, etc.) installed: or discovered as a result of the Work and which comply with Owner's Final Record Drawing Requirements found at www.citvofwpb.org/engineering/. - For street, utility and other outdoor horizontal construction, certified drawings showing building corners, sidewalks, paved'areas and the location of all above ground structures within the project site. -A list of each piece of equipment incorporated into the Work having an individual value of$500 or greater. The list shall include, at a minimum, manufacturer, make and`model number, catalog number, supplier, quantity installed, and value of equipment, and operation and maintenance manuals and warranties where appropriate for such equipment. 4.10.4 final pay request and connections to any existing utility main will not be approved until final as-built drawings are reviewed and accepted by Engineer/Architect. 4.11' WORK SITE 4.11.1 Access. Contractor's access to the site and storage areas shall be as shown.on the Construction Drawings and as designated by the Owner. Access routes may also be used by Owner and its employees and other contractors. No other access points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided'by contractor personnel The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic. In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to which the work is to be done, Contractor shall comply with all such conditions or restrictions. Any delay in the furnishing of 15 FORM GENCON 100914 11/03/2014 03:00:14 PM these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. 4.11.2 Owner Access. Owner, and its duly authorized employees, the Engineer/Architect, and representatives of all governmental agencies having jurisdiction over Work areas or any part thereof, shall, at all reasonable times, have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner and Engineer/Architect to have access at all reasonable times to all places where equipment or materials are being manufactured, produced or fabricated for use under the Contract. 4.11.3 Contractor Area; Staging Area; Storage. Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its office, storage, assembly, equipment and parking, as appropriate, to the areas so assigned. The Contractor shall identify, at the pre-construction meeting, proposed locations for secure storage areas for materials, equipment, employee and subcontractor parking; and, where applicable, staging areas, construction trailers, etc. The use of private property shall be at the cost of the Contractor. Contractor shall provide evidence of the property owner's agreement to use said property to the Owner. As a condition of final payment, Contractor shall provide Owner with written release from the property owner advising that the property owner has no claims against Contractor arising out of Contractor's use of the private property. 4.11.4 Delivery Unloading & Storage. Contractor shall, at its expense, receive, unload, and store in a secure place, all materials, plant and equipment required for the performance of the Contract. Any material and equipment to be stored outside which are subject to degradation by outside exposure shall be stored in a weather-tight enclosure provided by Contractor at its expense. Where necessary,. delivery of materials, plant or equipment from off-site storage to the work site shall' be at Contractor's expense. 4.11.5 Utilities. Unless otherwise provided in the Contract Documents, Contractor shall, at its expense, arrange for, develop and maintain all utilities in Work areas, including, but not limited to: construction power,water as required throughout construction, and telephone service, if needed. Prior to final acceptance of the work,Contractor shall, at its expense, remove all temporary utilities. 4.11.6 Sanitary Facilities. Where required by the work site, Contractor shall provide and maintain daily adequate sanitary facilities for the use by the Contractor's labor force. 4.11.7 Fire Protection. All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. Contractor shall provide portable fire extinguishers, properly labeled, located and compatible with the hazard of each work area and'shaRinstruct personnel in their use. 4.11.8 Illumination. When required, Contractor shall, at its expense, provide artificial light sufficient to permit work to be carried on satisfactorily and:safely. 4.11.9 Dust Control. Contractor shall,.at its expense, take measures to minimize the amount of dust created by construction activities. For street, utility and other horizontal construction, this requirement applies to all excavations, roads, plant sites, borrow areas and all other work areas. Code- required or industry-accepted methods of dust control suitable for the area involved and approved' by Owner will be permitted. 4.11.10 Noise Control. The Contractor shall make every effort to minimize noises caused by Contractor's operations. Equipment shall be equipped with silencers or mufflers designed to operate with the least possible noise in compliance with Federal, State and local laws and regulations. 4.11.11 Pollution Control. Contractor shall, at its expense, perform its Work so as not to discharge from any source into the atmosphere, or any body of water, or the ground or groundwater, any source,smoke,dust or other contaminants in violation of the federal, state, and local pollution laws, rules, regulations and orders (collectively, the "discharge law"). Contractor shall, at its expense, provide 16 FORM GENCON 100914 11/0312014 03.00.14 PM suitable facilities to prevent any such discharges. In the event of a discharge which results in contamination of the site or adjacent properties, Contractor shall immediately notify Owner and the appropriate governmental authority and shall take whatever action is necessary, required'by discharge law or desirable to remediate the contamination at Contractor's sole expense. Contractor shall pay all fines, penalties and damages resulting from any such discharges. Contractor shall indemnify and hold' harmless Owner from any expense, fine, penalty, obligation; action or liability resulting from such discharge and remedial actions. 4.11.12 Existinq Utilities and Substructures. For street, utility and other horizontal construction, Contractor shall be responsible for locating existing utilities and facilities prior to commencement of work. Contractor shall contact all utility companies and!call SUNSHINE at (800) 432-4770 at least 48 hours prior to commencement of construction work, so utilities can locate and protect facilities, if required by the utility company. 4.11.13 Florida Lumber. Whenever available, Contractor shall use lumber, timber and other forest products produced and manufactured in Florida provided the price, fitness and quality of such products are equal to substitute products. (F.S.255.20(3)). 4.11.14 Cutting and Patching. Contractor is responsible for all cutting, drilling, patching, fastening or anchoring of all new and existing:construction required to complete the Work. Contractor shall not damage any portion of the Work or existing construction or work of other contractors except with the written consent of Owner and any separate contractor. Contractor shall. restore all area to the conditions existing prior to the cutting, drilling, patching,fastening or anchoring, unless otherwise required by the Contract Documents. 4.1 1.15 Cleaning Up. Upon completion of any portion of the Work, Contractor shall remove at its own expense from Owner's property all temporary structures, equipment and surplus materials,not required for later stages of work, rubbish, and waste materials resulting from its operations. Contractor shall clean the site and shall remove stains, spills and other foreign deposits. Contractor shall not burn waste materials at the site, shall not bury debris or excess materials and'shall not discharge volatile or other harmful or dangerous materials into the environment. Contractor shall remove temporary protection devices unless otherwise directed by Owner. For street, utility or other horizontal construction, Contractor shall sweep paved areas and rake clean landscaped areas. Any costs incurred by Owner as a result of Contractor's failure to clean up shall be deducted from the contract.price. 4.11.16 Debris Disposal. All debris shall be legally disposed of at licensed disposal site(s). Contractor shall make its own arrangements, at its own cost, for the lawful'disposal of rubbish-and waste materials. If requested by Owner, Contractor shall provide evidence of proper disposal. 4.11.17 Salvage. Owner reserves the right to retain any surplus or salvage materials. Contractor shall store or re-locate any materials to be retained'by Owner as directed by Owner. 4.11.18 Water Catchment Area. The City is the owner of the Water Catchment Area located in Palm Beach County, Florida (the "Water Catchment Area"). The Water Catchment Area serves as a natural surface water supply source for the City of West Palm.Beach and has been designated as a Class potable water supply pursuant to the Speciat Laws of the Florida Legislature, Ch. 67-2169, as amended, and is protected by State and!Federal laws. Grassy Waters Preserve and,the M-Canal are part of the City's Water Catchment Area. If the work site is within the Water Catchment Area, Contractor's work an activities in the Water Catchment Area shall in no way be inconsistent with the Special Act or the laws and regulations governing water supply sources. 4.12 PROTECTION OF THE,WORK AND PROPERTY. 4.12.1 The Contractor shall be solely responsible for initiating and continuously maintaining adequate protection of all work from damage, loss, theft or damage from whatever cause, and shall take all reasonable precautions to protect the property of the Owner and third parties from damage, theft, 17 FORM GENCON 100914 11/0312014 03.00.14 PM injury or loss arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with respect to prevention of damage. 4.12.2 Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and+shall furnish these reports to Owner within three(3)calendar days of each incident. 4.12.3 For street, utility and other horizontal construction, Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the site, which, as determined by Owner, do not reasonably interfere with the performance of the Work. Contractor shall' be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in as good condition as it was prior to beginning of the Contract. Where practical, Contractor shall erect a temporary fence around the work site. 4.12.4 For street, utility and other horizontal construction, existing utilities and facilities shall be located prior to commencement of Work. Contractor shall video tape the existing,surface conditions of the Work site and adjacent areas before commencing Work, after each.discrete portion of the Work and when project is complete. Contractor shall submit two (2) copies of the video tape to the Engineer/Architect prior to submittal:for final payment. 4.12.5. Risk of Loss. Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner, the Contractor shall:have full and complete charge and shall bear all risk of loss of, and"injury or damage to, the Work performed under this Contract,or any portion thereof, including materials and equipment, and Owner-furnished supplies and equipment; from any cause whatsoever. Contractor shall rebuild, repair, restore and make good any damages, injury, or loss to the work and-to the property of the Owner or third parties, except such as may directly due to errors in the Contract Documents which the Contractor could not have discovered through due diligence,or caused by agents or employees of the Owner, unless such loss or damage would be covered by any policy of insurance maintained by the Contractor. All costs in:connection:with any repairs or restoration:necessary or required as a result of damage shall be borne by Contractor. 4.13 CONCEALED OR UNKNOWN CONDITIONS. 4.111 if Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those,indicated in the Contract.Documents,or(2) unknown physical conditions of an unusual nature that differ materially from:those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, or(3)are not observable prior to bidding or inferable by the type of construction,the Contractor shall promptly provide written notice to the Owner and Engineer/Architect before conditions are disturbed, and in no event more than three (3) calendar days after first observance of the conditions. The Engineer/Architect will promptly investigate such conditions and, if the Engineer/Architect determines that the conditions are a material difference which will cause an increase or decrease in the Contractor's costs or time required for performance of the Work, will recommend an equitable adjustment in the contract price or contract time, or both. Any such recommended adjustment must be approved!by Owner through issuance of a Change Order to be effective. If the €ngineer/Architect determines that the conditions do not materially differ from those indicated in the Contract Documents, or that no equitable adjustment is justified, the Engineer/Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Engineer/Architect's determination or recommendation, that party may proceed to mediation as provided'in GC 1.7.7; however,the.parties shall mutually agree on an independent third party professional engineer to serve as mediator. 4.13.2 Contractor shall not be entitled to any adjustment in the contract price or contract time if Contractor knew of the existence of such conditions at the time of submission of a bid'or becoming bound under the Contract; or the existence of such condition. could reasonably have been discovered or revealed as a result of any examination, investigation or test of the site by Contractor, as indicated in the 18 FORM GENCON 100914 11/03/2014 03:00:14 PM Contract Documents, prior to making such commitment; or Contractor failed to give written notice as provided in GC 17.1. 4.13.3 If, in:the course of the Work, Contractor encounters human remains or recognizes the existence of burial markers or archaeological sites not indicated in the Contract Documents, the Contractor shall immediately suspend any Work that would affect the remains or sites and shall notify the Owner and Engineer/Architect. The Owner shall take any action necessary to obtain the authorization required to resume Work. The Contractor shall continue to suspend such operations until,otherwise instructed by the Owner, but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the contract price or contract schedule arising from the existence of such remains or features may be made as provided in GC 8.2. 4.14 SAFETY 4.14.1 Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner, Contractor shall take all necessary precautions for the protection of all persons involved in the Work, the public, and all employees or representatives of Owner. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor will provide to each worker on the job site the proper safety equipment for the duties being performed by the worker and will not permit any worker on the job site who fails or refuses to use the safety equipment. All work and all equipment, machinery, materials and tools shall be in compliance with and conform to all applicable laws, ordinance, rules and regulations. 4.14.2 For Work impacting streets ands public rights-of=way, Contractor shall provide and maintain flagmen, traffic control devices, barricades, signs and variable message boards on a full time basis, where and when needed, to facilitate the-movement of traffic along and aroundt the project Work. All MOT plans shall be reviewed and approved by Owner. 4.14.3 If Owner or Engineer/Architect observe an unsafe or hazardous condition at the Work site, such hazard'or safety condition shall be brought to the Contractor's attention. Contractor shall stop Work until such hazard or safety condition is remedied by Contractor. 4.14.4 Hurricane Plan. If any Work is to be.performed during hurricane season, Contractor shall provide Owner with Contractor's hurricane plan prior to the commencement of any Work. The hurricane plan shall describe the actions to be taken to secure the work site(s) in the event a named tropical storm or hurricane is predicted to affect the project work area. Contractor shall abide by Owner's requirements, Required Storm Preparation-Process,found at www.citvofwpb.org/engineering/. 4.14.5 Explosives and Hazardous Materials. Contractor shall obtain all required federal;.state and local permits and licenses and shall be responsible for the safe and proper handling, transportation, storage and use of any explosive or hazardous material brought onto or encountered'within the site. The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered'on the site. Contractor shall maintain and post as necessary, Material Hazard' Data Sheets for all applicable hazardous materials used,-in the course of the Work. In the event that hazardous material is improperly handled or stored by the Contractor or its sub-contractors, which results in contamination of the site, Contractor shall immediately notify the Owner and the appropriate governmental authority and,shall take whatever action is necessary, required by law, regulation or order, or desirable to remediate the contamination at the Contractor's sole cost and expense. Contractor shall indemnify and°hold harmless the Owner from any expense, fine, penalty or obligation, action or liability resulting from such contamination and,remedial actions. 4.15 PROGRESS: REPORTING .4.15.1 Weekly Reporting: Copies of all daily reports prepared by the Contractor and his subcontractors shall be submitted to the Owner on a weekly basis for the preceding seven(7) calendar days. 19 FORM GENCON 100914 11/03/2014 03:00:14 PM 4.15.2 Bi-Weekly Reporting: Contractor shall be required!to submit to Owner, on a bi-weekly basis, two (2) copies of 8 1/2"x 11" color photographs indicating the progress of the Work over the preceding fourteen(14)days and-identifying the dates that the Work shown was performed. 4.15:3 Progress Meetings. The Contractor shall; at its expense, attend any and all meetings called by the Owner to discuss the Work under the Contract. The Owner, or its Engineer/Architect, will distribute typed minutes of each meeting to aR attendees. Failure of Contractor to promptly object to the typed minutes shall constitute Contractor's agreement with the content of the typed minutes. 4.15.4 If at any time Contractor's actual progress is inadequate to meet the completion time requirements of the Contract and this lack of progress is the sole fault of the Contractor, Owner may so notify Contractor who shall thereupon,at its expense,take such steps as may be necessary to improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner, Owner determines that Contractor is not,prosecuting its work with such diligence as will assure completion with the times scheduled and Contractor fails to take reasonable actions to timely cure, Owner may declare a default of the Contract. 4.16 SHOP DRAWINGS -SAMPLES AND SUBMITTALS 4.16.1 Contractor shall prepare and keep current for Engineer/Architect's approval l, a schedule of submittals which is coordinated with the Contractor's construction, schedule and allows the Engineer/Architect reasonable time-to review submittals. 4.16.2 Contractor shall approve and submit to the Engineer/Architect those shop drawings, product data, samples and similar submittals required' by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of separate contractors. Contractor shall perform no portion of the Work for which shop drawings, product data, samples or other submittals are required by the Contract Documents until such submittal has been reviewed;and approved'by Engineer/Architect. 4.16.3 Contractor represents by submitting the shop drawings, product data, samples and similar submittals that Contractor has reviewed them.for conformance to-the Contract Documents, and verified the materials, measurements and field criteria related thereto. 4.16.4 Contractor shall not be relieved of responsibility for conformance to the Contract Documents by Engineer/Architect's approval of show drawings, product data, samples or similar submittal;.unless Contractor has specifically informed Engineer/Architect of such variance or deviation at the time of submittal and either: (i) the Engineer/Architect has given written approval of the specific deviation as a minor change in the Work; or (ii) a Change Order or Constructive Change Directive authorizing the deviation has been issued. Engineer/Architect's approval does not relieve Contractor of responsibility for errors or omissions in shop drawings, product data; samples or similar submittals. 4.16.5 Contractor shall make any corrections to the submittal required by Engineer/Architect and shall resubmit revised,submittals for review. Contractor shall direct specific attention, in writing, to any revisions other than the corrections called'for by Engineer/Architect on previous submittals: In the absence of such written notice, Engineer/Architect's approval does not apply to such unidentified' revisions. GC 5 JISISPECTION&TESTING 5.1 ;INSPECTION. 5.1.1 Access for Inspection. Owner, Engineer/Architect and their representatives shall at all times have access to the Work whenever it is in preparation or progress. Contractor shall' give the Engineer/Architect timely notice of its readiness for inspection when the Contract Documents or 20 FORM GENCON-100914 11/03/2014 03.00.14 PM applicable laws, ordinances, or any public regulatory entity require any Work to be inspected by the Engineer/Architect. 5.4.2 Regulatory Inspection by City. Should Contractor require inspection by City staff, in its regulatory capacity, on days the City is closed for regular business or after 3:30 pm on regular work days, Contractor shall be required to reimburse the City for staff overtime or additional costs. 5.2 TESTING. 5.2.1 If the Contract Documents or applicable laws, ordinances, or any public regulatory entity require any,Work to be specially tested or approved, Contractor shall make arrangements for such tests or 'inspections with an independent testing laboratory or entity acceptable to Owner and shall give the Engineer/Architect timely notice of the date fixed for such testing. Contractor shall be responsible for all costs of testing, inspections and approvals. Tests and inspections shall be made promptly to avoid delays in the Work. 5.2.2 Unless otherwise provided in the Contract Documents,. shop testing of material, equipment or Work shall be performed by Contractor at its expense and in accordance with the technical specifications. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary to permit tests to be performed on materials or work in place, including reasonable stoppage of Work during testing. 5:2.3 If any Work should be covered up prior to any required inspection or test by Owner or Engineer/Architect,it must be uncovered for inspection and:=properly restored at Contractor's expense. If any Work not required' to be inspected or tested. is covered up and Engineer/Architect specifically requests to inspect such Work, Contractor shall uncover such Work. If such Work is in accordance with the Contract Documents,the costs of uncovering and replacing the Work shall be at Owner's expense, by appropriate Change Order. If such Work is not in accordance with the Contract Documents, the costs of uncoveringr and correction shall be at Contractor's expense. 5.2.4 Should tests in addition to those required: by the Contract Documents be desired: by Owner, Contractor will be advised in reasonable time to permit such additional testing at Owner's expense, unless additional tests are required due to Contractor's Work or materials having failed any initial test. 5.3. If inspection or testing reveal failure of portions of the Work to comply with the Contract Documents or applicable laws, all costs as a result of such failure, including those of repeated testings and compensation for Engineer/Architect's services andl expenses shall be at Contractor's expense. 5.4 Required certificates of testing, inspection or approval shall be secured by Contractor and delivered promptly to Engineer/Architect, unless otherwise provided by the Contract Documents. GC 6 CORRECTION OF WORK 6.1 DEFECTIVE MATERIAL, EQUIPMENT OR WORKMANSHIP. If any material, equipment or workmanship is determined. by Owner or Architect/Engineer, either during. performance of the Work, during final inspection or during the warranty period; to be defective or not in compliance with the Contract Documents, Owner shall notify Contractor In writing:that such material-, equipment or Work is rejected and Owner:reserves the right to withhold payment on any such item. Contractor shall commence correction of the Work within seven (7)calendar days of written notice by Owner. Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or Work by making the same strictly comply with all requirements of the Contract Documents. All costs of correcting such rejected Work, including additional testing and inspections, uncovering and replacing, and compensation for Engineer/Architect's services and expenses, material, equipment, clean up; debris removal, and'safety precautions, shall be at Contractor's expense. if correction.of the Work requires 21 FORM GENCON 100914 11/03/2014 03.00.14 PM damaging work completed by other contractors, Contractor shall be responsible for the costs to replace such work. 6.2 WARRANTY. Contractor further agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or rif no certificate of occupancy to be issued, within one year of substantial completion):or for such .longer periods of time as may be set forth with respect to specific warranties contained in the specifications. Owner or Engineer/Architect shall provide Contractor with written notice of non-conformance. If Contractor fails to correct non-conforming Work within a reasonable time after receipt of notice,the Owner may correct the Work. 6.3 ACCEPTANCE OF NON-CONFORMING WORK. If Owner deems it inexpedient to correct Work that has been damaged or that was not performed in accordance with the Contract Documents, Owner may accept such non-confirming work and an equitable deduction from the contract price shall be made for such work. Contractor shall warrant the accepted but non-conforming work in accordance with GC 6.2. 6.4 The Contract Documents and the obligation of Contractor to perform corrective Work survive final completion of the Work and final-payment. 6.5 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK. If Contractor should neglect to prosecute the Work diligently in accordance with the Contract Documents, or fail to correct defective or nonconforming Work, or fail to perform any provisions of the Contract Documents, Owner may, after ten (10)calendar days written notice to Contractor and opportunity to cure, make good these deficiencies and may deduct the cost thereof from payment due Contractor. A deductive Change Order shall be issued for the Owner's reasonable costs of correcting or completing the Work, including Owner's expenses and compensation for Engineer/Architect's services and: expenses. The Change Order amount shalt be subject to review and'approval by Engineer/Architect. If payments due to Contractor are not sufficient to cover the Change Order, Contractor shall pay the difference to Owner. Owner's correction of the Work and acceptance of a deductive Change Order shall be without prejudice to any other remedies Owner may have. GC 7 WORK BY OTHERS AT SITE 7.1 Owner reserves the right to perform construction or operations.related to the Project with the Owner's own forces, and to award separate contract in connection with other.portion:of the Project or other construction or operations on the site. 7.2 Where the Owner is utilizing its own forces or multiple contracts for the Project, Contractor shall provide reasonable advance notice to Owner and other contractors regarding the Project Schedule and the portions for work to be performed by them. Contractor shall coordinate its construction and operations with Owners and other contractors performing work on the Project. 7.3 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer/Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and,results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is and proper to receive the Contractor's Work,except as to defects not then reasonably discoverable. 7.4 Contractor shall reimburse the Owner for costs incurred by Owner payable t a separate contractor because of Contractor's delays, improperly timed activities, damage to the other contractor's work or defective construction. Owner shall be responsible to Contractor for costs incurred by Contractor because of a separate contractor's delays improperly timed activities, damage to Work or defective construction. 22 FORM GENCON 300914 11/0312014 03:00:14 PM 7.5 If a dispute arises among 'Contractor and other contractors on site as to the responsibility to maintain the premises, correct work, clean up or take any other action, Owner may take the necessary action and Engineer/Architect will assess the costs to those deemed responsible by Engineer/Architect. GC 8 CHANGES IN THE WORK 8.1 Owner, without invalidating the Contract Documents may order written additions to or deductions from the Work,the contract price being adjusted accordingly. 8.2 REQUEST FOR CHANGE ORDER. If Contractor believes that a variation or change justifies a modification in the contract price, Contractor may submit.a request for Change Order at its expense. If a request for Change Order is made, Contractor is not authorized to vary the Work unless a written Change Order is executed by Owner or written Construction Change Directive is issued by the Engineer/Architect and executed'by Owner. No Change Order shall'be valid unless executed by the authorized signatory of Owner. 8.3 NOTICE TO ENGINEER/ARCHITECT. Contractor shall notify the Engineer/Architect in writing within seven.(7)calendar days of any occurrence which, in the opinion of Contractor,,entities it to claim an, adjustment of the Contract price or a time extension, absent which notice, Contractor shall have waived such claim. The Engineer/Architect will provide a response to Contractor and'Owner with respect to a request for change order within_a reasonable amount of time after receipt of Contractor's notice and all necessary backup information•required by Engineer/Architect to formulate a response. 8.4 The Engineer/Architect shall not be authorized to bind Owner to change in contract price or contract time. 8.5 CHANGE ORDER. 8.5.1 Execution of any change order by the parties shall constitute a final settlement and release by Contractor of all matters relating to the claim or change in the Work which is the subject of the change order, including, but not limited to, all direct and indirect costs associated with such:change and any and all adjustments to the contract price and the contract time: 8:5:2 Any change order approved due to price change in materials shall not-include a premium, profit or any other additional cost. 8.5.3 A bond rider from the surety shall be submitted to the Owner with each change order that increases the contract price. 8.5.4 The number of change orders to the Contract submitted by Contractor may be consideredl by Owner in considering other subsequent bids submitted by Contractor. Excessive change orders may also result in suspension: from the Owner's :future procurements. The determination of excessiveness shall be made solely by Owner considering the scope of work,. schedule of bid items, contract price, unforeseen circumstances,and reasons for any change orders. 8.6 CONSTRUCTIVE CHANGE DIRECTIVE. If a change order is not yet approved or cannot be agreed upon, Contractor is authorized, upon issuance of a written construction change directive (CDD) prepared by the Engineer/Architect and approved by Owner, to proceed with such change. If a construction change directive provides for an adjustment to the contract price, the adjustment shall' be calculated as follows: - Unit prices as stated in the Contract Documents - Labor at the prevailing hourly basic rates plus applicable multipliers for overtime, weekend.and holidays, plus applicable taxes. Mark up on labor is not permitted. Labor shall not include supervision above the project manager. 23 FORM GENCON 100914 11/03/2014 03:00:14 PM - Net actual costs of materials including sales tax. - Rental costs of machinery and equipment,excepting hand tools, including fuel. - Reasonable overhead and profit, not exceeding fifteen percent (15%) inclusive of bond rider, permits, insurance, overhead and profit, supervision and general conditions. Or by mutual,acceptance of a lump sum properly itemized and supported;. Upon approval by Engineer/Architect and Owner as to any adjustments to the contract price and/or contract time for changes performed under a CDD, such approval shall be recorded by the preparation of a Change Order. Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a Change Order. Each CDD shall have a separate change order. 8.7 Commencing Work without a written change order or Construction Change Directive executed by Owner in advance of commencement of work waives any claim by Contractor to an adjustment to the contract price and the contract time. 8.8 MINOR CHANGES. iN WORK. Engineer/Architect shall have the authority to order minor changes in the Work, by written direction to Contractor, which do not involve adjustment to the contract price or contract time and which are not inconsistent with the intent of the Contract Documents. A subsequent Change Order shall be executed. 8.9 OWNER'S RIGHT. The Owner reserves the right to perform the requested changes in the Work with its own forces,or to contract with others to perform the changes. GC 9 COMPLETION 9:1 REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION. When Contractor considers the Work to be substantially complete, Contractor will submit to Engineer/Architect, the following items which shall be completed.as a condition precedent to Substantial-Completion,and prior to notice by Contractor of Substantial Completion: A. All general construction completed and the project components shall be clean and all systems fully functional. B. All mechanical and electrical work substantially complete, fixtures in place, connected, cleaned;fully functional and ready for use. C. All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled. D. Project site shall be cleared of Contractor's excess equipment and/or supplies and--material. E. Record drawings and specifications meeting the Owner's requirements shall be delivered,to Engineer/Architect. The above are also conditions for Final Completion. 9.2 NOTICE. Contractor shall notice Owner and Engineer/Architect when Contractor considers the Work, or a portion thereof which Owner agrees to accept separately, is substantially complete and shall request an inspection. 9.3 SUBSTANTIAL COMPLETION. 9.3.1 If after inspection, the Engineer/Architect finds that the Work is substantially complete, Engineer/Architect shall issue to Owner and Contractor a Certificate of Substantial Completion that shall establish the date of Substantial Completion. 24 FORM GENCON 100914 11/03/2014 03.00.14 PM 9.3.2 if Substantial Completion is not obtained at the inspection called by Contractor, for reasons which are the fault of Contractor, any additional cost to Owner for the Engineer/Architect for any subsequent inspections for the purpose of determining Substantial Completion shall be the responsibility and expense of Contractor and shall be assessed against the final payment application. 9.4 INSPECTION AND PUNCH LIST. Within three (3) calendar days of Substantial Completion as determined by Engineer/Architect and Owner, a walkthrough with Contractor shall be scheduled. i. The purpose of this walkthrough is to develop a joint final punch list of items necessary to complete the Work. ii. Said punch list shall be prepared, signed by Engineer/Architect and Owner and delivered to Contractor not later than three (3) calendar days after the walkthrough. Engineer/Architect and Owner shall separately list each item of the punch list required for Final Completion. iii. Any dispute over punch list items shall-be mediated between Owner and with Engineer/Architect acting as mediator to develop an agreed punch.list signed by Owner, Contractor and Engineer/Architect no later than nine (9) days from the date of the walkthrough. iv. Agreed punch list items shall be corrected and a final inspection requested by Contractor within thirty (30) days from delivery of the agreed punch list, unless a greater time is provided in the contract. All agreed punch list items shall be corrected by Contractor prior to any request for final inspection and acceptance. If the Contract provides for a multi-phased or multi-structure project, a punch list maybe developed for each phase or structure. V. In no event may the.Contractor request.payment of final retainage under Florida Statutes §218.735(7)(e)until the Contractor considers the final punch list to be 100%complete. vi. Contractor acknowledges and agrees that no item contained on the final punch list shall be considered a warranty item until such time as (a) the final punch list is 100% complete, and (b) Owner has been able to operate or utilize the affected punch list item for an-additional period of fifteen(15)calendar days. vii. Contractor acknowledges and agrees that Engineer/Architect as representative of Owner 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 Engineer/Architect generated lists prior to Substantial Completion is to attempt to streamline the punch list process upon achieving Substantial Completion, and to allow for the Contractor to address needed areas of corrective work as they may be observed by Engineer/Architect during performance of the Work. viii. Contractor acknowledges and agrees that in calculating 150%of the amount which may be withheld by Owner as to any final punch list item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(e); Owner 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 punch list 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 punch list completion. 25 FORM GENCON 100914 11/03/2014 03:00:14 PM ix. The failure to include any Work or pending items not yet completed on the punch list does not alter the responsibility of the Contractor to complete all the construction services and'Work purchased under the Contract. 9:5. PUNCH LIST RETAINAGE. Following delivery of the. punch list, Contractor shall list the estimated cost of completing each item each item of the punch list required for final completion, and submit the list of estimated costs to Owner-for Owner's review and determination. Owner may retain a sum equal to 150% of the estimated cost of correcting and:completing the unfinished punch list items, as determined by the Owner. Upon completion of all items on the punch list, Contractor may submit a payment request for all remaining retainage. If a good faith dispute, as determined by Owner,exists as to 'whether one or more items identified on the punch list have been completed pursuant to the Contract, Owner may continue to withhold up to 150% of the total costs to complete such items(s), as determined by Owner. 9.6 REQUIREMENTS PRIOR TO FINAL INSPECTION. The following items shall be completed as a' condition precedent to a request by Contractor for final inspection: 1. . Completion of all punch list items recorded from the Substantial Completion inspection. 2. Submittal of any items condition precedent to Substantial Completion that had not previously been submitted. 3. issuance of all permits and certificates, test certificates, inspections, certificates of occupancy and other approvals and releases by governing authorities required for Owner's occupancy and use of the project. 4. All sets of operation and maintenance manuals and service agreements for all equipment shall'have been submitted to Owner, as referenced in the technical specifications. 5. Manufacturers' certifications and warranties and any special guarantees or maintenance agreements shall be delivered to Owner. 6. A complete set of "RECORD" or "AS BUILT" drawings, meeting Owner's requirements. Contractor shall sign each!final record drawing and note thereon that the final as-builts are complete and accurate. 7. A complete set of marked-up specifications with"RECORD"or"AS-BUILT"clearly:printed on the cover. Contractor shall accurately and neatly transfer all deviations from project specifications to final as-builts. 8. A complete set of final shop drawings. 9. For street, utility and other horizontal construction,two copies of the video tape of surface conditions. 1.0. A signed and notarized affidavit indicating that no asbestos containing materials were usedor installed during the course of the Work. 11. A list of each piece of equipment incorporated into the Work having an individual value of $500 or greater. The list shall include, at a minimum, manufacturer, make and model number, catalog number, supplier,quantity installed, and value of equipment. 12. All required spare parts, as well as any special devices and tools and extra stock of materials shall be delivered to Owner. 13. Extra stock of materials or other items paid:for by Owner. 14. A deductive change order-for any uncommitted contingency or allowance funds has been prepared and submitted in draft. 15. All keys and blanks shall have been provided to Owner. 9:7 FINAL INSPECTION. Contractor shall certify to the Owner and Engineer/Architect in writing that all punch list items have been completed', all requirements for Substantial and`Final'Completion have been met, and the. Work is ready for final inspection. The Engineer/Architect will schedule such inspection with Owner and Contractor. When Engineer finds the Work acceptable under the Contract Documents, completed and. all requirements fully performed, Engineer/Architect shall -issue a Final Certification to Owner. Should* the Engineer consider that the Work is incomplete or defective, the Engineer/Architect will promptly notify the Contractor in writing, listing the incomplete or defective work. The Contractor will take immediate steps to remedy the stated deficiencies and send a second written certification to the Engineer/Architect when the Work is complete. The Engineer/Architect will re-inspect 26 FORM GENCON 100914 11/03/2014 03:00:14 PM the Work. Should the Engineer/Architect be required to perform re-inspections due to the failure of the Work to meet Contract requirements, the Owner may deduct the additional costs to Owner from the Contractor's final payment. 9.8 OWNER'S RIGHTS. In the event incomplete, incorrect or defective work is not completed to the Owner's satisfaction within twenty(20)calendar days of the Engineer/Architect's notice to Contractor that the Work is not acceptable, Owner may, after ten(10) calendar days written notice to Contractor and opportunity to,cure, snake good the deficiencies and may deduct the cost thereof-from final payment due Contractor. If payments due to Contractor are not sufficient to cover the costs, Contractor shall pay the difference to Owner. Owner's correction of the Work shall be without prejudice to any other remedies Owner may-have. 9:9 FINAL AS BUILT DOCUMENTS. Prior to final inspection., Contractor shall provide Owner with "Record" or "as-built" drawings, specifications and documents which comply and Owner's Final Record Drawing Requirements found at www.citvofwpb.org/engineering/. 9.10 USE OF COMPLETED PORTIONS. Owner shall have the right to take possession of and use any substantially completed portions of the Work. Such use by Owner shall not be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any Contract Documents provisions; provided that Contractor shall' not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use. However, if, in the opinion of Engineer/Architect, such use increases.the cost or delays the completion of remaining portions of Work, Contractor shall be entitled to an equitable adjustment under the Contract. GC 10 PAYMENT 10.11 SCHEDULE OF VALUES. Within ten(10) calendar days after the date of the Owner's issuance of a:Notice to Proceed, Contractor shall submit for review and approval of Owner and Engineer/Architect, a schedule of values, by phases of work, to show a breakdown of the contract price for the various portions of the Work and corresponding to the payment request breakdown and progress schedule line items. The schedule of values must also show dollar value for each unit of work scheduled. Any Change Orders shall be added as separate line items. This schedule, unless objected to by Engineer/Architect,. shall be the basis for reviewing Contractor's applications for payment. 10.2 TAXES. Contractor shall-pay all taxes, duties and assessments imposed by and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall;pay all sales taxes. The Contract price shall include all taxes. 103 PAYMENT WHERE PERFORMANCE AND PAYMENT BONDS REQUIRED If the Contract requires Contractor to provide Performance and Payment Bonds, or a Public Construction Bond, no payment shall be made by Owner to Contractor until Contractor has provided Owner with a certified'copy of the Performance and. Payment Bonds, or a Public Construction Bond evidencing that said bond(s) have been recorded with the Clerk of the Courts in the public records of Palm Beach County. 10.4 PAYMENT REQUESTS. Payment requests shall be submitted on AIA Application for Payment forms and shall be signed,and notarized by Contractor. Each.payment request shall include the following information: 1. Bid Number 2. Contract Number 3. Project Number 4. Project Name 5. Owner's representative/project manager 6. Detailed estimate and payment request on a standard AIA form, covering the percentage of the total amount of the work which has been completed from the 27 FORM GENCON 100914 11/03/2014 03.00.14 PM start of the job up to and including the last day of the preceding month, together with quantity and unit.prices of materials and equipment utilized. 7. The unit cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated inthe work. 8: Consent of Surety 9. Verification that certified copy(s) of recorded performance/payment bonds provided to Owner If no bonds are required: i) Partial Release of Lien from Contractor ii)Partial Releases of Lien from each sub-contractor on the payment request 10. Subcontractor Utilization Report. 11. Release from private property owner if Contractor utilized private property for storage or staging. 12. Such other supporting evidence as may be required. by Owner and/or the Engineer/Architect to support Contractor's payment application; 10:5 INITIAL PAYMENT. Prior to submittal of its initial payment request, Contractor shall have submitted the following: to the Engineer/Architect and Owner: 1. Certified copies of the Performance and Payment bonds, or Public Construction bond, recorded in the public records. 2. List of subcontractors and suppliers 3. Project schedule 4. Schedule of values 5. All current certificates of insurance 6. Designation of Contractor's Project Manager The initial payment request will not be accepted unless all of the above items have been received by Engineer/Architect and Owner. 10.6 PROGRESS PAYMENTS. All Payment requests are.required to be submitted in draft form, at least ten (10)calendar days in advance and-not more than once each month, via email-to the Owner and Engineer/Architect or Owner's agent identified in the Contract or by other written notice. If no payment bond is recorded; original partial releases of lien from Contractor and all subcontractors included in payment request shall accompany-the payment request. If payment bond is recorded, partial consent of surety for payment shall accompanythe payment request. After review and approval of the draft, Contractor shall prepare and'submit an original payment request, in duplicate:one set to the Owner's agent/Engineer/Architect and one set to City of West Palm Beach— Accounts Payable,.PO Box 3366,West Palm Beach, FL 33402-3366. The Owner will not be responsible for any delay in payment by the City if Contractor submits his estimate and invoice to any other address. Payment will be made in accordance with the Local Government Prompt Payment Act. (F.S. 218.70). 10.7 DECISION TO WITHHOLD CERTIFICATION OF PAYMENT REQUESTS. 1.0.7.1 Engineer/Architect may withhold payment requests, in whole or in part, to the extent reasonably necessary to protect the Owner. If the Engineer/Architect is unable to certify payment in the amount of the application, the Engineer/Architect or Owner shall within twenty(20) calendar days advise Contractor of the reasons for withholding,certification, in whole or in part, and the actions necessary to make the payment request proper. The Engineer/Architect will promptly certify payment of the amount which the Engineer/Architect can certify. 28 FORM GENCON 100914 11/03/2014 03.00.14 PM J 10.7.2 If Contractor takes action to make the rejected payment request proper and re-submits for approval of the whole or portion previously rejected, Engineer/Architect and Owner shall reject or accept the payment within ten (10)calendar days. 10.7.3 The Engineer/Architect may nullify, in whole or in part, any payment application previously certified to such extent as may be necessary, in the Engineer/Architect's opinion,to protect the Owner for loss for which the Contractor is responsible, including: - Defective work not remedied; - Failure of Contractor to make payments to subcontractors; - Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract price; - Damage to the Owner or a separate contractor; - Reasonable evidence that Owner will have a claim for liquidatedt damages and the unpaid balance of the contract price will not be adequate to cover liquidated damages or other amounts due to Owner from Contractor; - Repeated,failures to carry out the Work in accordance with the Contract Documents. When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. 10.-8 RETAINAGE. 10.8.1 In accordance with the Local Government Prompt Payment Act, until the project is determined to have reached fifty percent completion,Owner shall withhold retainage of ten percent(10%) from each progress payment paid to Contractor based on Contractor's estimate and invoice as approved by the Engineer/Architect. 10.8.2 Upon 50% completion .of the project the retainage withheld from each subsequent-progress payment will be reduced to five percent (5%) as provided for by Florida Statute §218.735(8)(b). "Fifty percent completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporated and which will remain in place subsequent to final completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractors mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work.do not apply to the determination of fifty percent completion of the Work for purposes of establishing entitlement to a reduction of retainage. It is agreed that the Engineer/Architect shall have the right to finally determine when fifty percent completion has been achieved. (F.S. 255.078). 10.8.3 After the project is determined to have reached fifty percent completion, and unless otherwise prohibitedl by the terms of any federab grant funding the project in whole or in part: i) Owner shall withhold retainage of five percent (5%) from each progress payment paid to Contractor based on Contractor's estimate and invoice as approved.by the Engineer/Architect; and ii)Contractor may present to Owner a payment request for up to half(50%) of the retainage previously held by Owner (50% of the 50% retainage already withheld—Not 50%of total retainage). If Owner has grounds under Florida law to continue to retain all or a portion of the requested retainage, Owner may continue to hold'all retainage. If the Work is not on schedule when request for payment of retainage is submitted, Owner may continue to . hold all retainage. 10.9 PAYMENT TO SUBCONTRACTORS. Contractor shall pay its subcontractors within ten (10) calendar days of receipt of payment from Owner and shall not withhold payments to sub-contractors. Should this occur for any reason, Contractor shall immediately return such monies to Owner, adjusting pay requests and project bookkeeping_as required. 10:10 FINAL PAYMENT. Upon completion of all requirements for substantial completion and final completion, issuance of a Final Certification by Engineer/Architect, compliance with all project closeout requirements and submittal of all of the following.items, Contractor may submit its final.payment request. The final payment request shall:include the following:items: 29 FORM GENCON 100914 11/03/2014 03.00.14 PM 1. Final Certification by Engineer/Architect 2. Certified copy of punch list stating each item has been completed or otherwise resolved and accepted. 3. Final Statement of Accounting reflecting: a. original contract price b. each approved Change Order (with quantity and unit prices where applicable) C. allowances, if applicable d. deductions for uncorrected�work e. deductions for liquidated damages f. deductions for re-inspection costs g. deductions for re-testing costs due to failed tests h. other adjustments i. adjusted contract price j. payments made k. any pending payment requests I. sum remaining due to Contractor 4. Final Change Order, if applicable, reflecting approved adjustments to the Contract price not previously made by Change Order. 5. Consent of surety for final payment. 6. If no payment bond is recorded; Lienor's Affidavit from Contractor that all payrolls, bills for material and equipment and other indebtedness connected with the Work have been paid or satisfied; 7. If no payment bond is recorded, original releases of lien from Contractor and all subcontractors 8. Certificate of Insurance evidencing continuation of any liability, coverage on claims made basis, which shall remain effective for five (5) years after final payment. 9. Written release of claims from any private property owner for use of private property for storage or staging. 10. All pre-requisites for Substantial Completion and Final Completion have been met. The making and acceptance of the final payment shall constitute a waiver and release of all claims by Contractor,except those.previously made in:writing and,still unsettled. If Contractor fails to submit all documents required for final payment within one year after Final Certification any amounts owed as final payment shall be forfeited. Owner shall provide written notice to Contractor at least sixty days prior to forfeiture. Forfeiture will not apply to documents that are the subject of existing:claims or pending legal proceedings. 10:11 FINAL PAYMENT TO SUBCONTRACTORS. Final payment maybe made to certain select sub- contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon receipt of advance written consent of Surety, or applicable releases if no performance/payment bonds. 10.12 ALLOWANCES. Contractor shall include in the contract price all allowances stated in the Contract Documents. Items covered by allowances shall be supplied`for such amounts and by,such persons or entities as the Owner may direct. 10.13 CONTINGENCY FUNDS. ALL CONTINGENCY SUMS ARE OWNER'S CONTINGENCY AND REMAIN THE PROPERTY OF OWNER UNTIL EXPENSE IS APPROVED. The contract price shall not include any contingency amounts. If the Contract or schedule of values includes an agreed'sum as a contingency, such amount is identified solely for budget purposes and remains the Owners' funds. Owner may approve use of contingency funds only for the purpose of defraying the expenses due to 30 FORM GENCON 100914 11/03/2014 03:00:14 PM unforeseen conditions, extra.work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use the by Contractor to cover short falls in Contractor's bid amount, and=not for use by Owner to increase the scope of work. Contractor shallt obtain prior written approval from Owner prior to the expenditure of contingency funds and Contractor will be required to furnish documentation evidencing.expenditures charged to contingency and/or allowances prior to the release of suchfunds by Owner. All uncommitted contingency-funds°remain the funds of the Owner. 10.14 WITHHELD PAYMENTS. Owner may withhold' or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary-to protect Owner if. a. Defective work or•material is not remedied. b. Claims filed or reasonable evidence indicating:public filing of claims by Owner or third parties against Contractor. C. Failure of Contractor to make payments-to sub-contractors odor material or labor. d. Damage to another contractor. e. Contractor-is in default of any Contract condition-,including-schedule. f. Contractor fails to submit information required by the Contract. g. Contractor consistently fails to perform-work in accordance with the Contract Documents. K. Owner has reasonable doubt that Contract work can be completed within the schedule or for the balance of-the Contract price which remains unpaid. i. Contractors insurance coverage lapsed`. j. Owner has a right<to claim-liquidated damages. When the above grounds are removed.or Contractor provides a Surety or Performance Bond satisfactory to Owner, which will protect Owner in the amount withheld, payment shall be made for amounts withheld because of them. 10.15 LOCAL GOVERNMENT PROMPT PAYMENT ACT. Payments shall be made in accordance with the provisions of the Local Government Prompt Payment Act, F.S. 218.70 et seq. Interest, if any, shall accrue as provided in said Act. GC 1.1 BONDS 11.1 PERFORMANCE.:&PAYMENT BONDS (if required) 11.1.3 'Public Construction Bond: In accordance with the provisions of F.S.255.05,or if required by the Contract Documents, Contractor shall provide, on forms furnishedi by Owner, a public construction bond in an amount not less than the total,contract price by a surety company acceptable to Owner. The bond shall incorporate by reference the terms of the Contract.Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included withinthe-language of its bond: "The Surety expressly agrees to be bound by all terms and conditions related to liquidated; delay and time or impact-related:damages. Surety shall be bound by the warranty or warranties contained in the contract documents andt shall be responsible for any and:all warranty-obligations or damages as a result of latent defects or deficiencies in the work performed under the contract: The Surety waives all rights against Owner and its agents and'employees for damages or other causes of loss by the Surety's.performance of its obligations under this ,,Bond, including claims by Surety. against Owner for costs it asserts were not warranted by the contract documents, excluding only such rights as the Surety shall have to proceeds of such insurance field by Owner as fiduciary." 31 EORM'GENCON 100914 11/03/2014 03.00.14 PM The bond shall also cover payments to all claimants, as defined in Section 255.05(1); Fla. Stat.,supplying Contractor with labor, materials, or supplies, used directly or indirectly in the Work provided for in the Contract. 11.1.3 Performance&Payment Bonds. Owner may, in its sole discretion, accept a performance bond and a payment bond,which include the terms and provisions set forth in this condition, in lieu of the public construction bond: 11.1.4 Recording of Bond. Within ten days of receipt of the fully executed contract, Contractor shall record its bond(s) in the public records of Palm Beach.County and provide a certified copy of the recorded bondl to Owner. Owner will not process payment requests unless Owner has received certified' copy of recorded bond(s). 11.2 SURETY. 11.2.1 Tobe acceptable to Owner,a Surety Company shall comply with the following provisions: (1) The surety company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of insurance, authorizing it to write surety bonds in the State of Florida. (2) The surety company shall have a currently 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. (3) The surety company shall be in full compliance with the provisions of the Florida Insurance Code. (4) The surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid/request for proposals is issued'. (5) The surety company shah have at least the ratings of A-/Class V. (6) The surety company shall not expose itself to any loss on any one risk in an amount y exceeding ten(1 0%)-percent of its surplus to policyholders. 1.1.2.2 if at any time the Owner shall deem any of the sureties upon such bond(s) to be unsatisfactory, or if for any reason such bond shall cease to be adequate security for the Owner, Contractor shall, within five (5)days after notice from Owner, furnish a new or additional bond in full sum as shall be satisfactory to Owner. No payments shall be due nor made to Contractor unless and'until such new or additional bond shall be furnished and approved. The premium for such new or additional bond shall be paid by Contractor. GC 12 LIENS AND RELEASES OF LIENS. (if no recorded payment bond) 12.1. Where public construction bonds have not been recorded by the Contractor, neither the final payment nor any part of the retainage shall become due until Contractor shall deliver to Owner complete releases of all claims or liens arising out of the Contract Documents, or receipts in full in lieu thereof and, if required,in:either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could'be filed. Contractor shall use Owner's forms for all releases of liens. All releases are required to have original signatures. All values on lien releases shall be consistent with the subcontracts. 32 FORM GENCON 100914 11/03/2014 03.00.14 PM 12.2. Contractor may, if any sub-contractor refuses to furnish a release or receipt.in full, furnish a bond satisfactory to Owner, to indemnify Owner against any claim or lien(in cases where such payment is not already guaranteed by Surety or payment bond),along with a.consent of surety to such payment. 12.3 In case of disputed indebtedness or liens, Contractor may submit in lieu of evidence of payment, a surety or bond satisfactory to Owner guaranteeing payment of all such .disputed amounts when adjudicated in cases where such payment has not already been guaranteed by a surety or bond:. 12.4. If any claim or lien remains unsatisfied after all payments are made, Contractor shall refund to Owner all moneys that Owner may compelled to pay in discharging such a lien, including all costs and reasonable attorneys'fee. GC 13 INSURANCE:.INDEMNIFICATION 13.1 INSURANCE. 13.1.1 All Insurance Policies shall be issued by companies that (a) are authorized to transact business in the State of Florida,(0)have agents upon whom service of process maybe made in Palm Beach County,Florida,and(c)have a best's rating of A-VI or better. 13.1.2 All Insurance Policies shall be endorsed=to provide that: I. Contractor's Insurance is primary to any other Insurance available to the additional insured(s) with respect to claims covered under the policy and: ii. Contractor's insurance applies separately to each insured against who 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. Self- insurance shall not be acceptable. 13.1.3 Additional Insured. All required insurance (except Worker's Compensation and Professional Liability) shall include an Additional Insured endorsement identifying Owner (City of West -Palm Beach). and the City Commission and its officers, agents, employees as additional insureds.. Additional insureds are defended and'indemnified for claims to the extent caused�by.the acts, actions, omissions or negligence of Contractor, its employees, agents, subcontractors,and representatives;but is not defended or indemnified for the additional insured's own acts, actions, omissions, negligence. No costs shall be paid by Owner for an additional insured endorsement. 13.1.4 Required Coverage: Contractor shall maintain following liability coverage, in the limits specified: COMMERCIAL GENERAL LIABILITY. Contractors hallcarryCommercial-GenerakLiabil iityInsurance for all operations including but not limited to Contractual, Products and Completed Operations and Personal Injury with limits of not less than Three Million Dollars($3,000,000)(aggregate)and Two Million Dollars($2,000,000) per occurrence combined single limit for bodily injury and property damage. The insurance policy must include coverage that is no more restrictive than the latest edition of the commercial general liability policy,without restrictive endorsements and the policy must include coverage 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, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed.. BUSINESS AUTOMOBILE LIABILITY INSURANCE: Contractor shall carry business automobile liability insurance with minimum limits of Two Million Dollars($2,000,000)per occurrence;combined single limits bodily injury liability and property damage. The policy must bend more restrictive than 33 FORM GENCON 100914 11/03/2014 03:00:14 PM the latest edition of the business automobile liability policy without restrictive endorsements and must include owned vehicles and`hired and non-owned vehicles. WORKERS' COMPENSATION: Workers' Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $1,000,000 "each accident," $1,000,000 "disease policy limit,"and$1^;000,000"disease each employee:" 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. Contractor agrees to name and endorse the City, and the City Commission and endorse the City, and the City Commission and their officers, agents, employees and City Commission members as additional insureds:Additional insured is defended and indemnified'for claims to the extent caused by the acts, actions, omissions or negligence of Contractor, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured's own acts, actions,omissions, negligence. BUILDERS RISK: Not less than the value of the Work under construction and facilities under the"custody and control"of Contractor. . POLLUTION: Not less than$3,000,000 IF hazardous materials, including lead,asbestos, PCBs or other pollutants may be present.(If required) Any other or special insurance requirements will be addressed in the Contract Documents. 13.1.5 Certificate of Insurance. Contractor shall provide the City Risk Manager or the City Contract Manager with a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required by this article within.three (3) calendar days of Contractor's receipt of Notice of Intent to Award the contract and, at any time thereafter, upon request by the City. it is the Contractor's responsibility to ensure that the Risk Manager and the Contract Manager both have a current Insurance Certificate and endorsements at all times. 13.1.6 Notice. Contractor's Insurance Policies shall be endorsed to provide The City with at least thirty (30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits. Notice shall be sent to: City of West Palm Beach Attn: Purchasing Division 401 Clematis Street West Palm Beach,Florida 33401 43.1.7 Coverage Period. a. 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 coverage may be met by keeping the policies in force,or by obtaining an extension of coverage commonly known as a reporting endorsement of tail coverage. b. In 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 specifiedlabove in this article._ 34 FORM GENCON 100914 11/03/2014 03.00.14 PM 13.1.8 Renewal of Insurance: Contractor shall be responsible for assuring that the insurance certificate/endorsements required in conjunction with this section remains in force for the duration of the contractual period. 1f the insurance certificate/endorsements are scheduled to expire during this period,. Contractor shall be responsible for submitting a new or renewed insurance certificate/endorsements to City at a minimum of thirty (30) calendar days in advance of such. expiration. In the event that expired certificate/endorsements are not replaced with a new or renewed certificate which covers the contractual period City shall suspend this Agreement until such time as the new or renewed certificate/endorsements are received by City. 13.1.9 Minimum Coverage: insurance coverage in theminirnum amounts set forth hereimshall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as is available to him under any other provisions of this Agreement or otherwise in law or equity. 13.1.10 Subcontractors. Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who are engaged in the Work. 13.1.11 The provisions of this General Condition shall survive the expiration or termination of the Contract. 13.2 INDEMNIFICATION. Contractor shall indemnify and hold harmless the Owner, its commissioners, officers, employees and agents, from and against any and all claims, obligations, liability, expenses, losses and causes of . action, including attorneys'fees and costs, to the extent the same are caused by: (i)an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the commissioners, officers, employees or agents of either,while engaged in or about the performance of the Work; or while in or about the project site or ,premises; or (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of Owner, Owner's agents, servants, or other contractors of Owner; or (iii) arising out of the violation of federal, state, county or municipal laws, ordinances or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services;rendered for Labor or materials furnished in or for the performance of the Work. The extent of Contractor's indemnification shall be limited to one and:one-half times the contract price or$1 million.per occurrence, whichever is greater. This paragraph shall not be construed to require Contractor to indemnify Owner for Owner's own negligence, or intentional acts of the Owner, its agents or employees. Nothing-in this paragraph shall be construed as a contractual waiver by Owner of the limits of sovereign Immunity under Sec 768.28,Florida Statutes. This paragraph shall survive the expiration or termination of the Contract. (725.06 F.S.and 768.28 F.S.) GC 14 SUBCONTRACTORS AND SUPPLIERS 14.1 LIST OF SUBCONTRACTORS AND SUPPLIERS. Unless otherwise required to be specified in Contractor's Bid, within ten.(1'0)days after the date of the Owner's issuance of a Notice to Proceed,the Contractor shall furnish to the Owner in writing the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design)whom the Contractor will engage as sub-contractors or suppliers for the project. The Contractor shall not change such sub-contractors or suppliers without written notice to Owner, and shall not contract with a proposed:person or entity to whom the Owner has made reasonable and timely objection in writing, after such notice. The Contractor understands and agrees that the Contractor alone is responsible to the Owner for all of the Work under the Contract and that any review of subcontractors, sub-subcontractors or suppliers by the Owner or Engineer/Architect wily not in any way make the Owner responsible to any subcontractor or sub- subcontractor or suppliers. 14.2 ' WRITTEN SUBCONTRACTS. By appropriate written agreement•, the Contractor shall require each subcontractor,to the extent of the work to be performed by the subcontractor,,to be bound to the 35 FORM GENCON 100914 11/03/2014 03.00.14 PM Contractor by terms of the Contract and Contract Documents, including but not limited-to the insurance requirements for workers'compensation and general liability coverage. The Owner shall be named as an intended Third Party Beneficiary in all subcontractor agreements provided such naming shall not create privity of contract between Owner and subcontractor. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the work to be.performed by the subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all.rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with sub-subcontractors. The Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract agreement„copies of the Contract Documents to which the subcontractor will be bound, and, upon written request of the subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such. documents available to their respective proposed sub-subcontractors. Contractor shall include in all subcontracts a provision requiring the subcontractor to consent to an assignment of the subcontract to the Owner. Contractor shall, upon request, provide copies of all subcontracts to Owner. 14.3 REQUIRED:WAIVER. All subcontracts shall provide the following exact language: "Sub-contractor"expressly waives any claims for damages which it may suffer by reason of delay caused by events beyond its'control, including delays claimed to be caused by the Owner or its Engineer/Architect and agrees that its exclusive remedy shall be an extension of its contract time." 14.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS. €ach subcontract agreement is assigned by the Contractor to the Owner, provided that the assignment is effective only after termination of the Contract by Owner for cause and only for those subcontract agreements that the Owner accepts by giving notice to the subcontractor and Contractor in writing;and subject to-the prior right of the surety, if any. 14.5 DISPUTES. Any disputes which may arise-between the Contractor and any subcontractor must be resolved between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes between Contractor and its subcontractors. GC 15 ENGINEER l ARCHIECT'S STATUS. 15.1 Engineer/Architect will provide observation of the Contractor's activities and progress of the Work. The Engineer/Architect will make inspections of all construction, draft change orders, and verify and certify partial and/or final payments.due to the Contractor, as provided in the Contract Documents. The Engineer/Architect may, during the _life of the Contract issue additional instructions, by means of drawings, minor change orders or otherwise, necessary to illustrate changes in the Work. 15.2 Engineer/Architect will review and take appropriate action regarding Contractor's submittals such as shop drawings and samples, but only for the limited purpose of checking for conformance with the Contract Documents. Review of such submittal is not conducted for the purpose of determining the accuracy and completeness of other details, such a dimensions and quantities of for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor pursuant to the Contract Documents. Engineer/Architect's review does not relieve Contractor of its obligations under the Contract Documents. Engineer/Architects review does not constitute approval of,and Engineer/Architect shall not give directions regarding, any construction means, methods,techniques,sequences, procedures,assembly or safety precautions. 15.3 Engineer/Architect shall have authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract or to protect the public and/or property. Engineer/Architect shall also have authority to reject all work, materials and equipment which do not conform to.the Contract Documents and to decide questions raised by Contractor which arise in the execution of the Work. 36 FORM GENCON 100914 11/03/2014 03.00.14 PM 45.4 Owner retains the,sole authority to modify or extend;the authority of the Engineer/Architect. 15.5 Engineer/Architect will make decisions In writing on all claims of the Contractor, and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. Al[such decisions of the Engineer/Architect shall be final. GC 16 TERMINIATION OR SUSPENSION. 16.1 OWNER'S RIGHT TO TERMINATE FOR CAUSE. 16.1.1 Owner may terminate the Contract for cause if Contractor: A. Fails to supply enough properly skilled workers or proper materials; B. Fails to cure deficiencies after notice as provided in the Contract Documents; C. Fails, except in cases for which extension of time is provided, to maintain an established schedule thirty(30)calendar days behind a critical path activity), ' D. Fails to make prompt payments to subcontractors or for material; equipment or labor; E. Repeatedly disregards applicable laws, codes, ordinances, regulations or permit requirements; F. Fails to perform the Work consistent with the requirements of the Contract Documents; G. Materially fails to comply with substantial and final completion dates as required-in the Contract Documents; H. Abandons or refuses.to perform any.portion of the Work; 1. Is otherwise in substantial breach-of the Contract Documents; J. Files a bankruptcy petition or has a bankruptcy action.commenced against it that is not discharged within thirty (30) calendar days, or make an assignment for the benefit, of its creditors, or has a receiver appointed to manage Contractor's assets, or is otherwise'becoming insolvent. 16:1.2 When any of the above reasons exist, Owner may, without prejudice to.any other right or, remedy,and after giving Contractor and its Surety seven (7) calendar days written notice, terminate the employment of Contractor and;subject to any prior right of the surety: (i) Exclude the Contractor from the site and take possession of the premises and of all materials,equipment,tools and appliances thereon owned by Contractor; (ii) Accept assignment of subcontract.pursuant to GC 13.2 and (iii) Finish the Work by whatever reasonable means Owner deems expedient. 1:6.1.3 When Owner terminates for cause, Contractor shall not be relieved from any of its obligations under the Contract Documents, and shall not be entitled to receive any further payment until Owner's costs to complete the Work is determined'. In no event shall Contractor receive any payment for Work finished by Owner. 16.1.4 Owner shall determine its costs incurred in completing the Work, including fees and charges to contractors,fees of Engineer/Architect, attorney and other professional fees, court costs and other damages incurred by Owner. Owner shall not be required to obtain the lowest price for the work to be performed, but the costs paid by Owner must be reasonable. If the unpaid balance of the contract price shall exceed the Owner's costs to finish the Work, the excess shall be�paid to Contractor. If Owner's costs exceed the unpaid balance, Contractor shall pay the difference to Owner. This obligation for payment shall survive termination of the Contract and final payment. 16.1.5 Those Contract provisions which by their nature survive final4 acceptance shall remain in full force and'effect 37 FORM GENCON 100914 11/03/2014 03.00.14 PM 16.1.6 If Contractor's surety is directed or agrees to complete the Work, then all payments due after termination shall be made to the surety until the Work is complete and/or the Contract price has been expended. The surety shall then be responsible for all of the obligations and duties of Contractor under the Contract Documents and shall be bound'by the conditions of the Contract Documents, this Contract and the Bond to fulfill all obligations of the Contract Documents for the contract price in effect as of termination. The surety may not assign those obligations without the written consent of Owner. The surety shalt be responsible for the payment of all:costs relating to the termination.of the employment of Contractor. Contractor and its surety shall be jointly and severally liable for all costs in excess of the contract price for completion of the Work and for liquidated damages. 1.6.1.7 If, upon termination for cause it is determined,that Contractor was not in default, the rights and obligations of the parties shall be as:if the notice of termination has been issued'for Owners convenience. 16.2 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE. 16.2.1 Suspension for Owner's Convenience. Owner may, at anytime, without cause, order Contractor in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as Owner may determine, for Owners convenience. If Owner orders a suspension, the contract price and contract time shall be adjusted for increases in the cost and time caused, by suspension, delay or interruption. No adjustment shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible; or that an equitable adjustment is made or denied under another provision of the Contract. 16.2.2 Termination by Owner.for Convenience. Owner may, at any time, without cause, order terminate all or a portion of the Contract for Owner's convenience. Upon such termination, the contract price earned to the date of termination shall be paid to Contractor, but Contractor waives any claim for damages, including loss of profits arising out of or related to the early termination. Contractor may not recover overhead or profit for work not performed: Those Contract provisions which by their nature survive final payment shall remain in full force and effect. 16.3 CONTRACTOR .OBLIGATIONS UPON TERMINATION. Upon receipt of written.notice from Owner of termination, Contractor shall: (i) cease operations as directed by Owner in the notice; (ii) take actions necessary, or that Owner may direct for the protection and preservation of the Work; (iii) except for Work directed-to be performed prior to the effective date of termination stated in the notice, and if directed by Owner, terminate all existing subcontracts and .purchase orders and enter into no further subcontracts and.purchase orders;.and (iv)turn over all marked up Construction Drawings and record set-documents showing.progress to date. Owner may assume and become liable at is sole discretion for obligations, commitments and unsettled'contractual claims that Contractor has previously undertaken or incurred in good faith in connection with said.project. Owner shall reimburse Contractor for any unpaid and earned cost of the project as of the date of termination, less damages or setoffs applicable under the Contract Documents. Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as Owner may require for the purpose of fully vesting in him the rights andi benefits of Contractor under such obligations or commitments. 16.4 TERMINATION BY CONTRACTOR. The Contractor may terminate this Contract if the Work is stopped for a period exceeding 30 consecutive days, through no fault of act of Contractor or subcontractor or their suppliers or other person or entities performing Work under direct or indirect contract with Contractor, if order of a court or other pubic authority having jurisdiction requires all Work to be,stopped;or an act of government,such as declaration of emergency, requires all Work to.be stopped. GC 17 UNEXCUSED DELAY: LIQUIDATED DAMAGES 17.1 LIQUIDATED DAMAGES. If the actual completion date for substantial completion or final completion occurs later:than the time indicated in the Contract Documents or later.than the scheduled 38 FORM GENCON 100914 11/03/2014 03:00:14 PM completion date if a duly authorized change order for time is issued; liquidated damages in the amount(s), set forth in the Contract Documents shall be paid by Contractor for unexcused delay in performance of the Work. The reasonableness of the amount is agreed. No liquidated damages shall be charged for periods of authorized delay or suspension. Contractor agrees that Owner's actual damages in the event of unexcused delay are difficult to ascertain and*therefore the parties agree that the sums established in the Contract Documents are reasonably related to what damages Owner may suffer and are enforceable liquidated damages and not penalties. Notwithstanding: the above, Contractor agrees that liquidated. damages do not include additional costs invoiced by Engineer/Architect to Owner for extended! professional services arising out of an unexcused delay, and Contractor agrees to reimburse Owner for such actual costs incurred in addition to payment by Contractor of any liquidated damages. Owner is entitled to deduct any liquidated damages to which Owner is entitled,from the final payment to Contractor. If the amount of liquidated damages due to Owner exceeds the final payment amount, Contractor shall pay the difference to Owner. This obligation for payment shall survive termination of the Contract and finalz payment. Owner does not waive any rights or other remedies under the Contract by the collection of liquidated damages. Liquidated damages will continue to be charged to the contract in the event of Contractor's default and continuation of the Work by Owner or surety. Owner may waive any portion or all of its claim for liquidated damages upon completion of the Work. 17.2 NO DAMAGES FOR DELAY. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner,. Engineer/Architect, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims,including but not limited to, lost profits, loss or impairment of-bonding capacity, destruction,of business, overhead, remobilization or demobilization costs, subcontractor delay claims, supervision; extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the Work,whether such delay be avoidable or unavoidable. GC 18 CLAIMS AND DISPUTES 18.1 NOTICE OF CLAIMS OR DISPUTE. Claims or disputes by the Contractor must be initiated'by written notice to Owner with a copy sent to Engineer/Architect. Unless otherwise specifically provided by law, claims must be initiated within twenty-one (21-) calendar days after occurrence of the event giving rise to such claim or within twenty-one (21). calendar days after the Contractor first recognizes the condition giving rise to the claim,whichever is later. 18.2 CONTINUING:PERFORMANCE. in the event of any claim or dispute, Contractor-shall continue to diligently make progress on ail Work,unless otherwise directed by Owner, and Owner shall continue to make payments in accordance with.the Contract Documents. If the dispute regards payment or money, Contractor shall be obligated'-to proceed with all Worts without waiving.its claims under dispute. 18.3 DECISIONS ON CLAIMS. Engineer/Architect will make decisions in writing:on all claims of the Contractor regarding; performance,under and the requirements of the Contract Documents, and on all. other matters relating.to the execution and progress of the Work or the interpretation of the Contract Documents. The Engineer/Architect will review the claim and within fifteen (15) calendar days of receipt of the claim (or receipt of additional supporting information or data), take one or more of the following. actions:(1)request additional information or supporting data from either party; (2) approve the claim; (3) reject the claim in whole or in part; (4) suggest a compromise; or (5) advise the parties that the Engineer/Architect is unable.to resolve the claim if the Engineer/Architect-lacks sufficient information-to evaluate the claim, or if the Engineer/Architect concludes that it would be inappropriate for the Engineer/Architect to resolve the claim. If the Engineer/Architect requests a party to supply additional information, such party shall respond and provide any requested, information within ten (10) calendar days. The Engineer/Architect's written decision shall notify the parties of any change in the Contract 39 FORM GENCON 100914 11/03/2014 03.00.14 PM Time or Contract Price or both. All such decisions of the Engineer/Architect shall be final andL binding-, but subject to mediation. 18.4 DECISIONS ON AESTHETICS. The Engineer/Architect's decision on matters relating aesthetic effect will be final if consistent with the intent of the Contract Documents and may not be appealed, mediated or litigated. 18.5 PAYMENT DISPUTES. With respect to disputes regarding payment requests, Owner shall review the payment application with Engineer/Architect and provide an opportunity for Contractor to state its claim within forty-five(45)calendar days after the date the rejected payment request was last received by Engineer/Architect. The final decision of Owner shall require approval by the City Administrator and be made within sixty.(60)calendar days after the date the rejected payment request was last received by Engineer/Architect. 18.6 SUBCONTRACTOR DISPUTES. Any disputes which may arise between the Contractor and any subcontractor must be resolved between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes between Contractor and its subcontractors. 18.7 MEDIATION. Notwithstanding any other provision; the parties agree that any unresolved dispute or claim shall be mediated: Any claim for mediation shall be made in writing within fifteen (1'5) calendar days of Engineer/Architect's written decision on the matter, or shall be waived. The Engineer/Architect shall serve as the mediator; however, with respect to disputes regarding the Work, the punch list or any other requirement for final completion, if the Engineer/Architect is an employee of Owner, the parties may mutually agree to have an independent professional engineer or professional construction mediator serve .as the mediator. Notwithstanding, an initial decision by the Engineer/Architect shall be required as a condition precedent to mediation.The Owner and Contractor shall share the mediator's fee and any filing fees equally. The mediation shall be held in Palm Beach County: Agreements reached;in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 18.8 WAIVER OF ARBITRATION. Owner and Contractor agree and expressly waive any and all provisions regarding arbitration,. including any and all provisions regarding arbitration.as a condition precedent to litigation contained elsewhere in any Contract Documents. 18.9 LEGAL REMEDIES. Owner and Contractor may exercise those legal remedies in the District Court for Palm Beach County, Florida, as may be available to them with respect to any dispute arising out of the Contract Documents for which.the Engineer/Architect's decision is not final and pursuant to the dispute resolution process described in the Contract Documents and which Owner and Contractor are unable to resolve through change order or mediation. An initial decision by the Engineer/Architect shall be required as a condition precedent-to litigation. 18.10 Governing Law; Jurisdiction; Venue; Litigation. The Contract Documents shall be construed and interpreted, and the rights of the parties hereto determined; in accordance with Florida law without regard to conflicts of law provisions. Contractor and Owner submit to the jurisdiction of Florida courts andfederal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in Florida based°upon improper venue or forum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THE CONTRACT DOCUMENTS. GC 19 WARRANTY INSPECTION. Prior to expiration of the warranty period(s). Contractor shall conduct, at its expense, with_Owner and Engineer/Architect, a warranty inspection. Additionally, upon receipt of notice from Owner of failure of any part of the guaranteed Work, equipment or materials during, the guarantee period; the defective Work, equipment parts or materials shall be replaced'promptly with new equipment parts (or new equipment)and,materials by Contractor, at no expense to Owner. This provision shall survive expiration:or termination of the Contract. 40 FORM GENCON 100914 11/03/2014 03.00.14 PM GC 20 ROYALTIES AND PATENTS. Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall defend and hold Owner and Engineer/Architect harmless from and against all claims, obligations, losses, costs, damages and expenses, including attorney fees in connection with any claims or actions based upon infringement of any patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor under the Contract, unless a particular design; process or product of a particular manufacturer is required:by the Contract Documents or where copyright violations are contained in the Construction Drawings or specifications prepared' by the Engineer/Architect or Owner. If Contractor has reason to believe any required design, process or product is an infringement of a copyright or patent, Contractor shall immediately provide notice to Engineer/Architect. GC 21 LEGAL AND ETHICAL PROVISIONS 21.1 NO VERBAL AGREEMENTS. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. All Contract amendments or Change Orders shall be written and executed by both Owner and Contractor. 21.2 COMPLIANCE WITH LAWS. Contractor shall comply with all applicable City, State and Federal laws relating to the provision:of services under this Contract, now or hereafter in,effect. Contractor shall comply with all applicable City, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. It shall not be grounds for a change order that Contractor failedl to investigate the codes and!regulations of all applicable government agencies with jurisdiction over the Work. 21.3 SMALL BUSINESS REQUIREMENTS. Contractor shall comply with the City of West Palm Beach's Small Business Ordinance set forth in Chapter 66 of the City Code, which is incorporated.herein 'by reference. Contractor shall comply with the small business commitment contained in Contractor's Bid, or as approved by the Procurement Division. Contractor shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the Owner to inspect and audit such records. 21.4. ETHICS:CONFLICTS OF INTEREST a. Contractor represents that it has not given or accepted a kickback in relation to the Contract and has not solicited the Contract by payment or acceptance of a gratuity or offer of employment. b. Contractor represents that it has not solicited.the Contract by payment of a.gift or gratuity or offer of employment to any official, employee of the City or any City agency or selection committee. c Contractor represents that it does not employ, directly or indirectly, the mayor, members of the city commission or any official, department director, head of any City agency, or member of any board,committee or agency of the City. d Contractor represents that it has not knowingly given, directly or indirectly, any gift with a.value greater than$100 in the aggregate in any calendar year to the mayor, members of the city commission;any department director or head of any city agency, any employee of the city or any city agency, or any member of a board that provides regulation, oversight, management or policy-setting recommendations regarding the Contractor or its business. e.. Contractor represents that it presently has no Interest and shall acquire no interest, either direct or indirect,which would conflict in any manner with its performance under the Contract. 41 FORM GENCON 100914 11/03/2014 03:00:14 PM f In the event Contractor is permitted to utilize subcontractors to perform any work under the Contract, Contractor agrees to prohibit such subcontractors, by written contract, from having, any conflicts as within the meaning of this condition. 21.5. LOBBYING CERTIFICATION. Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with the Contract wilf be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 21.6 NON-COLLUSION. Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful; unlawful or wrongful act, or any act which may result in an unfair advantage over other bidders or contractors. (F.S.838.22). 21.7 PUBLIC ENTITY CRIMES. By executing a Contract with Owner, Contractor certifies that Contractor, its affiliates, suppliers, subcontractors and consultants who will perform under the Contract have not been;placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the.36 months immediately preceding the date of the Invitation to Bid and that execution of the Contract will not violate the Public Entities Crimes Act (Sec. 287.133, Florida Statutes. Violation of this section may result in termination of this Agreement and recovery of all monies paid'hereto,and may result in debarment from Citys competitive procurement activities. 21.8 SCRUTINIZED COMPANIES. For Contracts over $1 million, in accordance with-Sec. 215.473 Fla. Stat., Contractor certifies that at the time of bid or contract, Contractor is not a Scrutinized Company on the Contractors with Activities in Sudan List or the Activities in the Iran Petroleum Energy-Sector List and does not engage in business operations in Cuba or Syria. Violation of this section may result in termination'of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21.9 UNAUTHORIZED ALIENS/PATRIOT'S ACT. The knowing employment by Contractor or its subcontractors of any.alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of the Contract. Contractor shall take all commercially reasonable precautions to ensure that it and its sub-contactors do not employ persons who are not authorized to work by the immigration laws or the Attorney General of the United States. Contractor further represents that it is not in violation of any laws relating:to-terrorism or money laundering, including; Executive Order No. 13224 on Terrorist 'Financing and relating to Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (the "Executive Order) and/or the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, as amended'and reinstated (the "Patriot Act"). Contractor represents it is not a Prohibited Person under the Executive Order or Patriot Act. 21.10. NON-DISCRIMINATION. In performing under the Contract. Contractor shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin,age, disability,familial status, marital status or sexual orientation. 21.11' APPRENTICES. If Contractor employs apprentices on the project, the behavior of Contractor and Owner shall be governedl by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the State of Florida Department of Labor and Employment Security. Contractor will include a provision similar to the foregoing sentence in each subcontract. 21.12 AVAILABILITY OF FUNDS. The Contract is expressly conditioned upon,the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the Owner. if funding for the Contract is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred: Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or.paid for in succeeding fiscal years. In the event funds to finance the Contract 42 FORM GENCON 100914 11/03/2014 03.00.14 PM ` e become unavailable, Owner may terminate the Contract upon no less than twenty-four(24) hours notice to Contractor. The Owner shall be the sole and final authority as to the availability of funds. 21.13 RIGHT TO AUDIT. Contractor shall maintain adequate records of the services for at least five(5) years from project occupancy. Owner, during Contractor's business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit Contractor's books and records, at Owner's expense, with regard to the accounts and services provided to or on behalf of Owner under this Contract to ensure that all aspects of the Contract are being met. Contractor shall allow the Owner or its representative to interview all current or former employees to discuss matters pertinent to the Contract. If an audit inspection in accordance with this condition discloses overpricing or overcharges (of any nature) by Contractor to Owner in excess of one-half of one percent (.5%) of the total contract billings, (1) the reasonable costs of the City's Internal Audit department shall be reimbursed to the City by the Contractor and (2) a 15% penalty of the overpricing or-overcharges shall be assessed Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and' penalties shall be made by the Contractor within 45 days from presentation of City's findings to Contractor. Failure by Contractor to permit such audit shall be cause for termination of this Contract by Owner. In addition to the foregoing, Contractor consents to the Owner requesting from the insurance carriers confirmation of all fees paid to Contractor arising out or related to the City's insurance coverages during the term of the Contract. 21.14 INSPECTOR GENERAL. 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 the Contract, and may demand and obtain records and testimony from the Contractor and its subcontractors and.lower tier subcontractors. Contractor understands and agrees ithat in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or 'lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be a material breach of the Contract justifying its termination. 21.15 INDEPENDENT CONTRACTOR. Contractor represents that it is properly experienced, licensed, equipped and financed to perform the work. Contractor acknowledges and agrees that it is an independent contractor of Owner and is not an employee of.Owner and shall maintain control over its employees, subcontractors and work.methods. Contractor more specifically acknowledges that it: will not be eligible to participate in any employee benefit maintained by Owner; will not be covered by Owner's workers'compensation insurance;and will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid`by Owner to Contractor under the Contract. 21.16 LIENS. Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless, Contractor agrees to keep the project, the buildings thereon and the property free of liens for or on account of any work done or materials furnished under the Contract. In the event any such lien is filed, Contractor shall', within five (5) days after written notice by Owner, discharge the lien(s)or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s) and cause the Clerk of the Circuit Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to so discharge or bond the lien(s), Owner shall have the right, but not the obligation, to discharge or bond the lien(s)and shall have the right to retain out of any payment then-due or thereafter to become due to the Contractor, monies sufficient to discharge the amount of such lien(s)and Owner's costs and reasonable-attorneys'fees incurred. 21.17 LITIGATION. In the event suit is filed to construe or enforce this Agreement, each party in such suit shall bear its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys'fees and costs through trial and appeal. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION;EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION-RELATED TO THIS CONTRACT. 43 FORM GENCON 100914 11/03/2014 03:00:14 PM GC 22 MISCELLANEOUS 22.1 NOTICES. All written notices and other communications required or provided' for under this Contract shall.be sent by certified mail; return receipt requested, postage prepaid, in.the case of mailing, or by overnight or same day courier, or hand delivered to the following address and person bearing the following;title for each party hereto or such other addressee or person as shall:be designated by a party in a written notice given in-the manner required!hereby: to Owner: City of West Palm Beach Attn.: Director of Engineering&Public Works P.O. Box 3366 (401 Clematis Street(33401)) West Palm Beach, FL 33402.3366 to Contractor: [to Contractor at the address listed'on the first page of this Contract to the attention of the Project Manager]l 22.2 PUBLIC RECORDS. Contractor shall comply with Chapter 119, Florida Statutes, regarding access to public records. Failure of compliance maybe cause for termination.by Owner. 22.3 SPECIFIC WAIVER. Any waiver issued by Owner of any provision of the Contract Documents shall only<be effective if issued in writing by Owner and shall be specific, shall apply only to the particular matter concerned, and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict performance of any covenant, term, condition; promise, agreement or undertaking set forth in the Contract shall not be construed as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant,term,condition; promise,agreement or undertaking at any time in-the future. 22.4 HEADINGS: INDEX. The headings and the table of contents or index contained in these General Conditions are provided`for convenience only. 22.5 INTEGRATION: The Contract constitutes the entire agreement between Contractor and Owner and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. The Invitation to Bid and its terms and conditions are incorporated herein and made a part of this Contract. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising.said Contract. 22.6 SEVERABILITY. The invalidity, illegality or unenforceability of any provision of the Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and`the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable.provision is not contained herein. 22.7 ASSIGNMENT. Contractor shall not assign the Contract as a whole or in part without the written consent of Owner, nor shall Contractor assign any monies due or to become due to it hereunder without the previous written consent of Owner and its surety. Assigning the Contract shall not relieve Contractor or his surety from any contract obligations. 44 FORM GENCON 100914 11/03/2014 03:00:14 PM Master Contract for Utility Construction Services Exhibit A Fee Schedule Est. Item Item Descrription Units Unit Price Amount Quant. Road Finishing Crew consisting of a minimum of three(3)experienced' operators, includes: motor grader, roller& Water wagon when necessary requested, to prepare a shell, limerock,or crushed' concrete road base,stabilized,subgrade& 1 asphalt roadway w/striping in compliance With,the latest City of WPB standard specifications. Payment shall be made by the flour for road!finishing crew&shall include:equipment,labor,water,all required testing, and all misc associated costs. Material not included in this item. XXX HR. XXX $300.00 Crew-Concrete, Ductile Iron, PVC, HDPE,or Metal Pipe Laying:consisting of a foreman(with:30 hrs of OSHA training), a minimum of three(3)experienced,men, 2 including;layout, excavating, installing, back filling equipment,and roadway repair necessary-for laying pipe up to and including 36"diameter. Materials not included in this-item. $350:00 A Dump Truck, 15-28 cu.yd.capacity when re uested with item#2 only. XXX HR XXX $70.00 Well Point equipment up to 150 points B complete including pump and jetting equipment when nrequested with item#2 only Inc. Dewaterin Permits). XXX HR XXX $45.00 Crew-Concrete, Ductile Iron, PVC, HDPE, or Metal Pipe Laying:consisting of a foreman(with 30 firs of OSHA training), a.minimurn of three(3).experienced men, 3 including layout, excavating, installing, back filling equipment,and roadway repair necessary for laying pipe greater than 36" up to 84"diameter. Materials not included in-this item' XXX HR XXX $450:00 A J.Dump Truck, 1548 cu.yd.capacity when requested:with item#3 only XXX HR XXX $70:00 Well Point Equipment up to 150 points B complete.including pump and Jetting equipment when requested with item#3 onl (including Dewaterin Permit). XXX HR XXX $45.00 Fee Schedule for RFQ 13-14-407 1 11/03/2014 03:00:14 PM Master Contract for Utility Construction Services Pa � Est. Item ltem Description Units Unit Price Amount Four Man Repair Crew,including one Foreman (with:30 hrs of OSHA training) and three experienced skilled tradesman, and all equipment and,tools necessary for 4 construction, maintenance,and emergency repairs of facility including Water Treatment Plants;Wastewater Treatment Plants, pump stations,and utility mains. Materials not included in this item. XXX HR XXX $300.00 A Dump Truck, 15-18 cu.yd.capacity when , re uested:with item#4-only, XXX HR XXX $70.00 Well Point Equipment up to 150 Points B complete including pump and Jetting. equipment when requested:with item#4 only(including Dewatering.Permit). XXX HR XXX $45.00 !ROADWAY ,„� 1 Remove Existing Roadway Pavement 100 &Y. $ 5.00. $ 500.00 Remove Existing Roadway Base 2. (agg re ate 100 S.Y. $ 5.00 $ 500.00 3 Remove Existing Roadway-Base concrete 100 S.Y. $ 20.00 $ 2,000.00 4 2-1/2"A.C.S.C.Type S-1, incl.Tack Coats and Prime Coats 100 S.Y. $ 22.00 ,$ 21200.00 5. 12"A.C.S.C.Type S-111, incl.Tack Coats and Prime Coats 100 S.Y. $ 20.00 $ 2,000.00 6, Compacted Crushed Concrete/Limerock Roadway Base(10"thick) 100 S.Y. $ 10.00 i$ 1,000.00 7. 12"Compacted Subgrade 100 S.Y. $ 3:00 !$ 300.00 Mill and Resurface up to 1-1/4"A.C.S.C. 8. Type S-1) 400 S.Y. $ 40.00 $ 16,000.00 9. Mill and,Resurface(up-to 1 A.C.S.C.Type S-III 400 S.Y. $ 40.00 $ 16,000.00 10, ITernporary Striping(4") 100 LF $ 0.35 $ 35:00 11. Temporary Striping(6") 100: LF $ 0.50. $ 50.00 12. Temporary Striping(12") 100 LF $ 0.75 i$ 75.00 13. Striping(Thermoplastic,4") 100 LF $ 1.00; $ 100.00 14. Striping(Thermoplastic,6") 100 LF $ 1.25 $ 125.00 15: IStriping(Thermoplastic, 1'2") 100 LF :$ 2.25 $ 225.00 16. Special saw cuts for pavement 50 LF $ 3.00 $ 150.00 Supply and Installation,of FDOT Concrete 17. Bumper Guard 10 EA $ 25.00. $ 250.00 " Furnish and!Installation of ADA-compliant 18. detectable surface 50 SF $ 35.00 $ 1,750.00 Supply and Installation of ADA compliant 1'9' welded aluminum handrail 25 LF $ 160.00 $ 4,000.00 STORM SEWER: 20. 115" RCP,Class 111 200 LF $ 11.00 $ 2,200.00 Fee Schedule for RFQ 13-14-407 2 11/03/2014 03:00:14 PM • Master Contract for Utility Construction Services Item 1_te_m Description Units Unit Price Amount Quant. 21 18" RCP, Class 111 200 LF $' 14.75 $ 2,950.00` 22. 24" RCP; Class 111 200 LF $ 22.75 $ 4550.00 23: 30" RCP, Class 111 100 LF $ 83.50 $ 31350.00. 24. 36" RCP,Class 111 100 LF $ 45.00 $ 4,500:00 25. 42"RCP,Class Idl 100 LF $ 58.25 $ 5,825.00 26: 48''RCP,Class 111 100 -LF $ 72.75: $ 7,275.00 27. 60"RCP,Class I 111 100 LF $ 113.50 $ 11,350.00 28: 72"RCP,Class I I 100 1LF $ 170.25 $ 17,025.00 29` Adjust Existing Storm Manhole/Inlet Top 25 EA $ 250 00 $ 6,250.00 30. Storm Inlet,Type C 15 EA $ 1,950.00 $ 29,250.00 31. Storm Inlet, Type E 15 EA $ 2,450:00 $ 36,750.06 32. Storm Inlet,Type F-5 15 EA $ 3,200:00 $ 48,000:00 33. Storm Inlet,Type P-6 15 EA :$ 3,500:00' $ 52;500.00 Storm:Manhole,Type P(3:5'x 6')(up to 6' 34. depth) 1 EA $ 2,225.00 $ 2,225.00 Additional depth to Bid Item 34 per 1--foot 34a. increment 1 LF $ 215.00 $ 215.00 Stormn Manhole,Type J(3.5'x6') up to 6' 35. depth) 1 EA $ 2,700.00 $ 2,70.0.06 Additional depth.to Bid 1tern 35 per 1 foot 35a. increment 1 LF $ 300.00 $ 300.00 Storm Manhole,Type J (5'X5)(U-pt-o-67- up to 6 36. depth) 1 EA $ 2;575.00 $ 2,575:00 Additional depth to Bid Item 36 per 4 foot 36a. increment 1 LF $ 250400 $ 250.00 Storm Manhole,Type J (6'X6')(up to 6' 37. depth) 1 EA $ 3,225.00 $ 3,225:00 Additional depth-to Bid Item 37 per 1 foot 37a: increment 1 LF $ 350.00 $ 350.00 38. 42"X18"Oval RCP 100 LF $ 19.00 '$ 1,900.00 PRESSURE PIPE(,W ffiTiER MAIN ONE=on= �� P�»phi 1 311011M 39. 4"C-900 PVC Water Main 100 LF $ 3.00 $ 300.00 40. 6"C-900 PVC Water Main 100 LF ;$ 5.75 $ 575.00 41: 8"C-900 PVC Water Main 1`00 tF $ 9.75-.$ 975.00 42. 10"C-900 PVC Water Main 100 LF $ 14.75 $ 1,475.00 43. 12"C-900 PVC Water Main 100 LF $ 20.75` $ .2,075.00 44. 4"PVC Mega-Lug;Kits. 50 EA $ 47.50 $ 2,375.00 45: 6"PVC Mega Lug Kits 50 EA $ 57.75- $ 2,887.50 46. 8" PVC Mega-Lug Kits 50 EA $ 79.75:::-$ 3,987.50 47. 10" PVC Mega-Lug Kits 50 EA $ 141.50 $ 7,075:00 48. 12 PVC Mega=Lug Kits 50 EA ;$ 149.25 $ 7,462.50 49: 4"Cement-lined'DIP Water Main Class 52 ` 1.00 LF $ 20.00. $ 2,000.00 50: 6"Cement-lined DIP Water Main Class 52 100 LF $ 17.00; $ 1,700.00 51. 8"Cement-lined DIP Water Main Class 52 100 LF $ 23 50 $ 2,350.00 Fee Schedule for RFQ 13-14-407 3 11/03/2014 03.00.14 PM Master Contract for Utility Construction Services Est Item Item Description Units Unit Price Amount Ilan- . 40"Cement-lined DIP Water Main Class 52. 52 100 LF $ 31,25 '$ 3,125.00 12' Cement-lined DIP Water Main Class 53. 52 100 LF $ 39.00 $ 3,900:00 146"Cement-lined DIP Water Main Class 54. 51' 100 LF $ 52.25 $ 5,225.00_ 18"Cement-lined'-DIP Water Main Class 55. 51' 100 LF $ 59.75 `$ 5,975.00 20"Cement-lined DIP Water Main Class 56. 51 100 LF $ 69.25 $ 6,925.00 24"Cement-lined DIP Water Main Class 57. 51 100 LF $ 86.50 $ 8,650.00 30 Cement-lined DIP Water Main Class 58. 51 p 100 LF $ 173.50 $ 17,350.00 36'Cement-lined!DIP Water Main Class 59. 51 100 LF $ 239.00 $ 23,900.00 60. 4"Cement-lined DIP Fittings 1 TON. $ 6;520400 $ 6,520.00 61. 6"Cement-lined DIP Fittings 1 TON' $. 6,520.00 $ 6;520.00 62. B"Cement-lined DIP Fittings 1 TON $ 6,520.00 $ 6,520.00 63. 10"Cement-lined DIP Fittings 1 TON $ 6,520:00 $ 6,520.00 64. 1'2"Cement-lined DIP Fittings 1 TON $ 6,520.00 $ 6,520.00 65. 46"Cement-lined DIP Fittings 'I TON: $ 6,520.00 $ 6,520.00 66. 18'Cernent-lined DIP Fittings 1, TON $ 6,520.00 $ 6,520.00 67. 20"Cement-lined DIP Fittings 1 TON $ 6,520.00,:$ 6,520:00 + 68. 24"Cement-lined`DIP Fittings 1 TON :$ 6,520.00 $ 6,520.00 69. 30"Cement-lined DIP fittings 1 TON : -$ 6,520.00 $ 6,520.00 70. 36"Cement-lined DIP Fittings 1 TON $ 61520.00 !$ 6,520.00 1"Singe Water Service(Type K, up to 71. 10')incl. Meter Box, complete 20 EA $ 525.00 $. 10,500.00 Additional length to Bid Item 71 per t foot 74a• increment 40 LF $ 6.50 $ 260:00 1"Single Water Service(Polytu e, up to 72. 10' incl. Meter Box complete 20 EA )I l _ . P. $ 475.00 '$ 9,500.00 Additional length to Bid Item 72 per I foot 72a` increment 40 LF $ 1.25 '$ 50.00 2'Single Water Service(Type K,up to 73. 10' incl. Meter Box complete 20 EA ' p $ 1,430.00 `$ 28,600.00 Additional length to Bid Item 73 per 1 foot 73a. increment 40 EA $ 19.00 '$ 760:00 2"Single Water Service(Polytube, up to 74. 10')incl. Meter Box complete 20 EA $ 1',275.00 $ 25,500.00 Additional length to Bid'Item 74 per 1 foot 74a. increment 40 EA $ 3.00 $ 120.00 2"Temporary.Water Main incl.temporary 75. ,fittings and temporary service connections,complete 100 LF $ 30 00 $ 3,000.00 Air Release Valve Manhole,complete w/ 76. exterior coating it EA $ 6,800 00 $ 6,800.00 77• Sample point and Bacteriological Testing 10 EA $ 47&00 1'$ 4,750.00 Fee Schedule for RFQ 13-14-407 4 11/03/2014 03:00:14 PM Master Contract for Utility Construction Services Est. Item Item Description Units Unit price Amount Quan,�t. 78. 4"R.S.G.V.with Valve Box 1 EA $ 707.00 $ 707.00 79. 6"R.S.G.V.with Valve Box. 1 EA $ 825.00 $ 825.00 80: .8"R.S.G.V.with,Valve Box 1 EA $ 1,150.00 $ 1,150.00 81. 10"R.S.G.V.with Valve Box 1 EA $ 1,635.00 $ 1,635.00 82. 12" R.S.G.V.with Valve Box 1 EA $ 1,995.00 $ 1,995.00 83. 20"R.S.G.V.with Valve Box 1 EA $ 12,335.00 $ 12,335.00 84. 24"R.S.G.V.with Valve Box 1 EA $ 18;430:00 `$ 18,430.00 85: 30"R.S.G.V.with Valve Box 1 EA $ 35,225.00 $ 35,225:00 86. 36 R.S.G.V.with Valve Box 1 EA $ 44,710.00 $ 44,710.00 87. Fire Hydrant 5 EA $ 2,200.00 $ 11,000:00 ;PRESSURE PIPE(FORCE MAIN): 88. 4" Epoxy-lined DIP Force Main,Class 52 100 LF $ 31.75 $ 3,1.75.00 89• 6"Epoxy-lined DIP Force Main,Class 52 1100 LF $ 29.00 $ 2,900.00 90. g"Epoxy-lined DIP Force Main,Class 52 100 LF $ 38.50 $ 3;850:00 91• 10" Epoxy-lined DIP Force Main,Class 52 100 LF $ 49.00 $ 4,900.00 92. 12"Epoxy-lined DIP Force Main,Class 52 100 LF $ 59.00 $ 5,900:00 93. 16"Epoxy=lined°DIP Force Main,Glass 51 100 LF $ 77.75 $ 7,775:00 94. 18"Epoxy-lined DIP Force Main, Class 51 100 LF $ 91.00 $ 9,100.00 95' 20"Epoxy-lined DIP Force Main;Class 51 1'00 LF $ 100.50 $ 10;050:00 96: 24" Epoxy-lined:DIP Force Main,Class 51 100 LF $ 125.25 $ 12,525.00 97. 30"Epoxylined DIP Force Main,Class 51 100 LF $ 234.00 !$ 23,400.00 98' 36"Epoxy-linedz DIP Force Main,Class 51 100 LF $ 305.25 $ 30,525.00 99, 4"Epoxy-lined:DIP Fittings 1 TON $ 10,625.00 $ 10,625:00 1!00. 6"Epoxy-linedz DIP Fittings 1 TON $ 1:0,625.00 '$ 10,625.00 101. 8" Epoxy-lined DIP Fittings 1 TON $ 10,625.00 $ 10,625:00 !. 102. =10" Epoxy-lined,DIP Fittings 1 TON $ 10,625.00 $ 10,625,00 103. 12" Epoxy-lined DIP Fittings 1 TON $ 10,625.00 $ 10,625.00 1.04. 1:6" Epoxy-lined:DIP Fittings 1 TON $ 11;775.00 $ 11,775.00 `. 105. 18"Epoxy-lined:DIP Fittings 1 TON $ 11,775.00 $ 11,775.00 106. 20" Epoxy-lined DIP Fittings 1 TON' $ 11,775.00 $ 11,775.00 107. 24" Epoxy-lined'DIP Fittings 1 TON $ 14,775.00 $ 11,775.00 108. 30" Epoxy-lined DIP Fittings 1 TON $ 12,350:00 $ 12,350.00 109. 36" Epoxy-lined.DIP Fittings 1' TON' $ 12,350.00 $ 12,350:00 1:10., 4"Plug.Valve w/Valve Box 1 EA $ 885.00 $ 885.00 111. 6"Plug;Valve wNalve Box 1 EA $ 1,125.00 $ 1,125.00 112. 8"Plug Valve wNalve Box 1 f EA 1 $ 1,475.00 $ 1,475.00 Fee Schedule for RFQ 13-14-407 5 11/03/2014 03.00.14 PM Master Contract for Utility Construction Services Est. Item Item Description Units Unt Price Amount Q_u__ant. i 113. 12" Plug.Valve wNalve Box 1 €A $ 2,095 00 '$ 2,095.00 194: 16"Plug Valve wNalve Box 1_ EA $ 2,510 0,0 $ 2,510.00 115. 18"Plug Valve wNalve Box 1 EA $ .5,000.00:1$ 5,000.00 116. 20" Plug Valve wNalve Box 1 EA $ 6,375.00 $ 6;375.00 117. 24"Plug Valve wNalve Box 1 EA $ 12,300.00: $ 12,300.00 118. 30"Plug Valve wNalve Box 1 EA $ 20,350.00 $ 20,350.00' 119. 36"Plug Valve wNalve Box 1 EA $ 34,350.00 $ 34,350.00 MAIN): 120. 8"HDPE(SDR11)Pipe 100 LF $ 15.00 $ 1,500.00 121: 10' HDPE(SDR1'1)Pipe 100 LF $ 22.50' $ 2,250.00 122. 12"HOPE (SDR1.1) Pipe 100 LF $ 31.50 $ 3,150.00 123. 16" HOPE(SDR19)Pipe 100 LF $ 54.75 $ 5,475.00 124. 18" HDPE(SDR11)Pipe 100 LF $ 68.75 !$ 6,875.06 125. 20" HDPE(SDR11)Pipe 100 LF $ 84.50 $ 8,450.00 126. 24" HDPE(SDR11)Pipe 100 LF $ 120.25 $ 12,025.00 127. 30" HDPE(SDR11)Pipe 1'00 LF $ 184.75 $ 18,475.00 128. 36"HDPE(SDR11:)Pipe 100 LF $ 46100 $ 46,300:00 129. 12"Butterfly Valve w/Valve Box 1 EA $ 1,450.00' $ 1,450:00 130. 1.1'6"Butterfly Valve wNalve Box 1 EA $ 2,275.00 $ 2,275.00 1.31. 20"Butterfly Valve wNalve Box 1' EA $ 3,600.00 :$ 3,600000 132. 24" Butterfly Valve wNalve Box 1 EA $ 4,875.00 `$ 4,875.00 133. 30"Butterfly Valve wNalve Box I. EA $ 9,425.00. $ 9,425.00 134. 36 Butterfly Valve wNalve Box 1 EA $ 1A,500.00 $ 10,500.00 135. 4"Field-Lok Gaskets 50 EA $ 55.00 $ 2;750.00 136. 6"Field=Lok Gaskets % EA $ 77.25 $ 3,862.50 137. 8"Field-Lok Gaskets 50 EA $ 104.50 $ 5,225:00 138. 10"Field-Lok,Gaskets 50 EA $ 131.50 1$ 6,575.00 139. 12"field-Lok Gaskets 50 EA $ 152.00' $ 7,600:00 140 16"field-Lok Gaskets 50 EA $ 352.00 $ 17,600900 1:41. 18"Field-Lok Gaskets 50 EA $ 426.00 $ 21,300.00 142. 20"field=Lok Gaskets 50 EA $ 492.00 $ 24,600:00 143. 24 Field-Lok Gaskets 50 EA $ 683.00 `$ 34,150.00 144. 30"Field-Lok Gaskets 50: EA $ 1,7$5.00 $ 89,250.00 145. 36" Field-Lok Gaskets 50 €A $ 2225.00 $ 111,250.00 146. 4"DIP Mega-Lug,Kits 50 EA $ 40.50 $ 2,025.00 147. 6"DIP Mega-Lug Kits 50 EA $ 48.75 $ 21437.50 148. ,8"DIP Mega-Lug.Kits 50 EA $ 6800- $ 3;400.00 149. 10"DIP Mega-Lug Kits 50 EA $ 99.00 `$ 4`,950.00 1.50. 12" DIP Mega-Lug Kits 50 EA $ 136.00 $ 6,800.00 151. 16" DIP Mega=Lug Kits 50 EA $ 240 00 $ 12,000:00 152. .18" DIP Mega-Lug Kits 50 €A $ 358.00 $ 17,900:00 1;53. 20 DIP Mega-Lug Kits 50 EA $ 438.00 $ 21,900:00 154. 24"DIP Mega-Lug Kits 50 EA t$ M4.50 $ 30,225.00 155. 30" DIP Mega-Lug Kits 50 EA 1,$ 1,386.00 $ 69,300.00. Fee Schedule for RFQ 13-14-407 6 11/03/2014 03.00.14 PM Master Contract for Utility Construction Services Est Item Item_ Description Units Unit Price Amount Quant. 156 36"DIP Mega-Lug Kits 501 EA $ 1,706.00 1$ 85,300.00 Air Release Valve Manhole,complete w/ 157. interior and exterior coating 5 EA $ 7,800 001$ 39,000.00 Kffr] RY SEWER: Sanitary Sewer MH(4'Dia., up to 6' 158. depth);complete 5 EA $ 3,525 00 $ 17,625.00 Additionaf depth to Bid Item 158 per 1 foot 158a. increment 5 LF i$ 350.00 '$ 1,750.00 Sanitary Sewer MH>(6'Dia., up to 6' 159. depth),complete 1 EA $ 8,000-.00 '$ 8,000.00 Additionaf depth to Bid item 1'59-per 4 foot 159a. 'increment 5 LF $ 750.00 =$ 3,750.00 160. MH!Drop Connection.(up to 6'depth) 5 EA $ 1:,900.00 $ 9,500.00 Additions depth to Bid Item 160-per 1 foot i 160a. increment 5 LF $ 200.00 $ 1,000:00 6"Sanitary Sewer Lateral(up to 27)Incl. 181' Cleanout,complete 1 EA $ 450 00 $ 450.00 Additional:length to Bid Item 161 per foot 161a. increment 5 LF $ 3.50 $ 17.50 162. Adjust San. MH Top 5 EA $ 600.00- $' 3,000.00 163. 6"PVC SDR 26 100 LF $ 3.50 $, 350.00 164. 8"PVC SDR 26 100 LF $ 6.25' $ 625.00 165. 10"PVC SDR 26 100 LF $ 7.25 `$ 725.00 166. 12"PVC SDR 26 100 LF $ 13.50 `$ 1,350.00 167. t5"PVC SDR 26 100 LF ;$ 20.50 $ 2,050.00 1.68. 24"PVC SDR 26 100 LF $ 55.00 $ 5,500.00 169. 30"PVC SDR 26 100 LF $ 102.50 $ 10;250.00 1!70. 6"x 6"PVC SDR 26 Wye 10 EA i$ 57.00 $ 570.00 1:71'. 8"x 6"PVC SDR 26 Wye 10 EA $ 64.00 $ 640.00 172. 10"x 6"PVC SDR 26 Wye 10 EA '$. 166'.001.$ 1,650.00; 173. .12"x 6"PVC SDR 26 Wye 10 EA $ 224.00 $ 2,24000 174. 45"x 6"PVC SDR 26 Wye 10 €A :$ 354.00 $ 3,540:00 175. 24"x 6"PVC SDR 26 Wye 10 EA $ 2,200 00 1$ 22,060.00 176. 30"x 6"PVC SDR 26 Wye 10 EA ;$ 3,306.00 $ 33,000.00 177. 4"Fernco Coupling w/shear rings 10 i EA $ 18.50 $ 185.00 178. 6"Fernco Coupling w/shear rings 10 EA $ 30:00 $ 300.00 179. 8"Fernco Coupling w/shear"rings 10 EA $ 38.00 s$ 380.00 180. 10"Fernco Coupling w/shear rings 10 EA $ 54.0 0. $ 540.00 181. 12"Fernco Coupling w/shear rings 10 EA $ 61:.50:'$ 615.00 182. 15"Fernco Coupling,w/shearrings 10 EA $ 156.50 $ 1,565.00 183. 24"Fernco Coupling.w/shear rings 10 EA $ 732 00 $ 7,320.00 184. 30"Fernco Coupling w/shear rings 10 EA $ . 885.00 $ 8,850.00 ,CONCREME: 185. Removal&Disposal of 4"thick Concrete 100 SF $ 2.50, $ 250.00 186` Removal&Disposal; 6"thick Concrete 100 SF $ 3.50 $ 35000 Fee Schedule for RFQ 13-14-407 7 11/03/2014 03:00:14 PM Master Contract for Utility Construction Services Item '�'� item Description Est. Units Unit Price Amount Quart. 187. Concrete(4"thick) 100 SY $ 51.75 $ 5,175.00 188. Concrete(6"thick) 100 SY $ 62.50'`$ 8,250:00 .189. FDOT'Handicap Ramp 100 SY $ 72.50 $ 7,250.00 Installation of FDOT Type"D"curb-by 190- hand 50 LF $ 28.75 $ 1,437.50 Installation of FDOT Type"D"curb-by 191` machine 50 LF $ 28.75 $ 1,437.50 Installation of FDOT Type"F"curb-by 192. hand' 50 LF $ 28.75 $ 1,437.50 Installation of FDOT Type"F"curb-by 193• machine 50 LF $ 28.75 '$ 1,437.50 Installation of FDOT Valley Gutter-by 194• hand 50 LF 28.75 $ 1,437.50 Installation of FDOT Valley Gutter-'by 195. machine 50 LF $ 28.75 '$ 1,437.50 196. Installation of Header Curb-by hand 50 LF $ 28.75 $ 1,437.50 Installation o FDOT Asphaltic Concrete 197. Curb 50 LF $ 17.00 $ 850.00 Installation of FDOT mitered end section 198. for 15"diameter RCP 10 €A $ 155.00 $ 1,550:00 Installation of FDOT mitered end section 199. for 15"diameter HDPE pipe 10 . EA $ 105.00 $ 1,050.00 Installation of FDOT mitered end section 200. for 18"diameter HDPE pipe 10 EA $ 290.001$ 2,900.00 Installation of FDOT mitered end section 201'. for 18"diameter RCP 10 EA -$ 185.00 $ 1°,850.00 ` 202. Special saw cuts for concrete 100 LF $ 4.00 $ 400.00 MISCELLANEOUS: Removal&disposal of soil to implement 203. improvements 100 CY $ 7.00 ?$ 700.00 204. Supply, replace&compact clean fill 100 CY $ 12.00 !:$ 1,200.00 Supply&installation of natural stone 205. riprap 200 TON $ 40.00 $ 8,000.00 Supply&installation o broken.concrete 206. riprap 200 TON $ 35.00 $ 7,000.00 207. Supply&install sand=cement riprap 100 CY $ 350.00 °$ 35,000.00 Remova A disposal of existing culvert 208' pipe(any material) 50 LF $ 20.00 $ 1,000.00 Supply&installation of Bahia Sod:-up to 209' 1000 SF 1000 SF $ 0.55 $ 550:00 Supply&installation.of Bahia Sod-over 210. 1000 SF 2000 SF $ 0.30 '$ 600.00 Supply&installation of Floratam Sod-up 211. to 1000 SF 1.000 SF 0.75 `$ 750.00 Supply&installation:of Floratam Sod:- 212. over 1000 SF 2000 SF $ 0.40 $ 800.00 Supply&installation of FDOT Seed& 213• Mulch Mix 1000 SF $ 2.25 11 2,250.00 Furnish Operator,Water Truck and 214. Irri6ate Sod or Seed Mix 10 HR $ 90.00 $ 900.00 Fee Schedule for RFQ 13-14-407 8 11/03/2014 03.00.14 PM + Master Contract for Utility Construction Services Est u, Item Item Descriati_on 1=1Unit Price Amount Q_u_.ant. 215. FDOT Guard Rail with no endi treatment 50 FT $ 30.00 $ 11,500.00 216. Canal Excavation(sandAsilt) 100 CY $ 10.00 $ 1,000.00 217. Lake Canal Bank Restoration 100 SF $ 5.00 .$ 500.00' Surveyor(as-built records approved by 218: City of W.P.B.) XXX HR XXX `$125.00 218a. Field Crew. XXX HR XXX $165.00 218b. Drafting/Cad. XXX HR XXX :$90.00 AP.PgR0NEP MOaT: 219a. Arrow Board 1 EA $ 25.00 $ 25.00 219b. Sign Board 1 EA $ 55.00 $. 55.00 220c. Standard Barricades w/Lights 1 EA $ 0.50 $ 0.50 220d. Corral Barricades w/Lights 1 EA $ 1.25 $ 1.25 220e. Road Sign w/Lights 1 EA $ 1.00 $ 1'.00 220f. FDOT-approved°Traffic Cones 10 EA $ 0.50 $ 5.00 L.ABO.R RgTiE (l=or any, other work not mentioned above, the contractor wi!!apply the labor to the quote) Foreman XXX HR XXX $ 80.00 Laborer XXX HR XXX $ 40.00 ALTiERNATiE BID The following equipment is to be furnished with operator One tractor bulldozer, size D-5 or 1, equivalent offering. (Make/Model) XXX HR XXX $120.00 One self=loading scraper,pan and tractor, 2. rubber-tired,20 cu.yd.capacity. XXX HR XXX $250.00 3. I.One dragline, 1 Cu.Yd.Capacity XXX HR XXX $200.00 One road pothole patch crew, including 4. truck and hot mix asphalt,and necessary crew to patch potholes. XXX HR XXX $300.00 5. One dragline,2-1/2 Cu.Yd. Capacity XXX HR XXX $400.00 6. One front end loader, 2 Cu.Yd. Capacity XXX MR XXX $80:00 7. One front end loader, 3 Cu.Yd'.Capacity XXX HR XXX $120:00 8 One crawler tractor hydraulic backhoe 3/4 Cu.Yd. Capacity XXX HR XXX '$100.00 9: One backhoe 1.5 Cu.Yd'.Capacity XXX HR XXX $120.00 10 One backhoe 3 Cu.Yd: Capacity XXX HR XXX $160.00 11. One backhoe 4 Cu. Yd: Capacity XXX HR XXX $200.00 12. One backhoe 5 Cu.Yd: Capacity XXX HR XXX $300.00. 13 Heavy,equipment low boy with:tractor, minimum width 10",50 ton capacity. XXX HR XXX $125.00 14. One self-propelled,vibrating,small size Icompactor. XXX HR XXX $80:00 15. One tandem dump truck with sideboards, 12 Cu.Yd: XXX HR XXX $70.00 16. lone triaxle dump truck, 18 Cu.Yd. XXX HR XXX $70.00 Fee Schedule for RFQ 13-14-407 9 11/03/2014 03.00.14 PM Master Contract for Utility Construction Services "M790MERIP Item tion Units UniP 17. One tractor trailer dump truck,20 Cu.Yd. XXX HR XXX $120.00 18 One long arm (50'min:)Backhoe 3 Cu. Yd. Capacity XXX HR XXX $200.00 19. Welding Machine XXX HR XXX $80.00 20. Portable Generator XXX HR XXX $80.00 21. Quick Cut Saw XXX HR XXX !$25.00 22. Asphalt/Concrete Saw XXX HR XXX $135.00 23. ISteel Wheel Roller XXX HR XXX $80.00 24. Plate Tamper XXX HR XXX $30.00 25. Pickup w/tools. XXX HR XXX $75.00 26. Fuel truck XXX HR XXX $85:00 27. Crane-45 ton XXX HR XXX $250:00 28. Bobcat with grapple or excavator XXX HR XXX $100.00 29. Boat with motor XXX HR XXX $100.00 30. lChainsaw XXX I HR I XXX 1$25.00 Fee Schedule for RFQ 13-14-407 10 11/03/2014 03:00:14 PM DSEAKIN-02 MCKAYT ACORO° 7,TO/23/2014 CERTIFICATE OF LIABILITY INSURANCE E(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#* NAME: Tara McKay Insurance Office of America-JUP PHONE 561 776-0660 ac No, 561 776-0670 Abacoa Town Center A/C No Ezt:( ) ) E-MAIL 1200 University Blvd,Suite 200 ADDRESS:Tara.McKay @ioausa.com Jupiter,FL 33458 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:HDI-Gerling America Insurance Company 41343 INSURED INSURER B:North River Insurance Company 21105 D.S.Eakins Construction Corp INSURER C:Bridgefield Employers Insurance Company 10701 P.O.Box 530185 INSURER D:Alterra America Insurance Company 21296 1481 Kinetic Road Lake Park,FL 33403-8902 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD SUER POLICY NUMBER MM DDY MM/DDYI YYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE TOCCUR X EGGCC000081214 03/25/2014 03/25/2015 PREMISES To Ea occurrencei occurrence $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 N PRO- POLICY LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO X EAGCC000081214 03/25/2014 03/25/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident PIP Coverage $ 10,00 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAR CLAIMS-MADE 5811027201 03/25/2014 03/2512015 AGGREGATE $ 10,000,000 DIED I X I RETENTION$ 0 Prod/Co-Ops Agg $ 5,000,000 WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN C ANY PROPRIETOR/PARTNER/EXECUTIVE 83024217 01/01/2014 01/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Equipment Floater MAXA31M0048638 03/2512014 03/2512015 Leased/Rented Equip. 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ITB No.13-14-407;Contract No.14572;The City of West Palm Beach and its commissioners,officers,employees and agents are included as Additional Insured on the General Liability&Automobile Liability coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of West Palm Beach 401 Clematis Street West Palm Beach FL 33402 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01). The ACORD name and logo are registered marks of ACORD 11/0312014 03:00:14 PM COMMERCIAL AUTO EN All 50 57 09 11 THIS ENDORSEMENT CHANGES THE POLCIY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. WHO IS AN INSURED, under SECTION II — LIABILITY COVERAGE, A. COVERAGE, is amended to include as an "insured", any person or organization you are required to add as an additional insured on this policy under a written contract, agreement or permit which must be: a. Currently in effect or becoming effective during the term of the policy; and b. Executed prior to an "accident" for which coverage provided to an additional insured under this endorsement applies. The insurance provided to this additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to liability arising out of your operations performed for that additional insured as specified in the written contract, agreement or permit. 2. The limits of insurance applicable to the additional insured are those in written contract, agreement, permit or in the Declarations for this policy, whichever are less. These limits of insurance are inclusive of and not in addition to the Limit of Insurance for Liability Coverage shown in the Declarations. 3. Coverage is.not provided for"bodily injury" or"property damage" arising out of the sole negligence of the additional insured. Any coverage provided hereunder will be excess over and other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary. When this insurance is in excess, we will have no duty to defend the additional insured against any"suit" if any other insurer has a duty to defend the additional insured against that"suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insurer's rights against all those other insurers. All other terms and conditions of this policy remain unchanged. EN All 50 57 09 11 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Copyright, Insurance Services Office, Inc. 11/03/2014 03:00:14 PM POLICY NUMBER: EGGCC000081214 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT, , Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or " damage" or "personal and advertising injury" pp y y ry caused, in whole or in part, by: property damage"occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04113 © Insurance Services Office, Inc., 2012 Page 1 of 2 11/03/2014 03:00:14 PM C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13. 11/03/2014 03:00:14 PM i POLICY NUMBER: EGGCC000081214 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations AS REQUIRED BY WRITTEN CONTRACT L Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 11/03/2014 03:00:14 PM CYST I%I('r City of West Pa[m Beach O� d a y V . DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that D. S. Eakins Construction Corporation 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 violation 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 this 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 contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction-on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify thaYthis m complies full with the above requirements. Authorize Si ture Douglas S. Eakins Print Name October 23, 2014 Date 11/03/2014 03:00:14 PM 04 � MEMO ILA _ ' 9P OFFIC N Y To: Jeri Muoio, Mayor From: Nancy D. Urcheck, Deputy City Attor OCT 2 2 2014 Date: October V—, 2014 CITY OF WEST PALM EAC" Matter No: 14561 OFFICE OF THE CITY CLEki Dept. 970 ECR Board Re: DP Development; ECR; Master-Small Utility Construction Projects Transmitted herewith for your signature as agent for the ECR Board are original documents which have been reviewed and approved for legal sufficiency. The ECR Board has approved execution of the document. Kindly forward the documents, along with this memo, to the City Clerk's Office. . To: Office of the City Clerk The Mayor is authorized to execute the document in accordance with: ECR Board approval. X ECR Budget control protocol. Please take the actions indicated below with respect to these documents: • Attest to the execution of the Agreement by the Mayor. • Insert the date of execution beneath the Mayor's signature (if not already dated). Estimated Record Retention Review: December 2M o2O- 1 ( Non-construction-5 years from estimated completion and final payment) (Construction related—10 years from estimated completion and final payment) Please retain one original as a public record and forward the other original to: Robin Hewitt, Engineering Services bm OCT RECEIVED 2 `O. `vO41, R,---V teach Mayor's or 10/23/2014 09:25:30 AM ` CITY'S 01 1GINA1 4 East Central Regional Water Reclamation Facility 2 5, MASTER CONTRACT dk " for SMALL UTILITY CONSTRUCTION RFQ No. 13-14-407 Contract No. 14561 Contractor Firm: DP Development of the Treasure Coast, LLC Contractor Address: 605 Belvedere Road, Suite#8 West Palm Beach, Florida 33405 Email: pat @dpdevelopment.net Telephone: (561)650-1333 Fax: (561)650-1334 Cell: (561)542-5458 FEl/EIN#205822418 THIS CONTRACT is made and entered into by and between the Contractor identified above and the EAST CENTRAL WASTE WATER TREATMENT FACILITY BOARD ("ECR° or"Owner"), by and through its agent, the CITY OF WEST PALM.BEACH, a municipal corporation of the State of Florida whose address is 401 Clematis Street,West Palm Beach, Florida 33401 (the "City"or"Owner"). WHEREAS, the Owner caused to be prepared specification, drawings and other contract documents for certain work and issued a Request for Qualifications(RFQ)for the above-described project; and WHEREAS,the Contractor submitted its Proposal in response; and WHEREAS, the Owner determined that the Contractor's Proposal represents the best value to Owner and wishes to contract with Contractor under the terms and conditions contained in the RFQ; NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein contained, and subject to the terms and conditions herein stated, the Owner and Contractor understand and agree as follows: 1. Small Utility Project. Contractor shall be entitled to submit bid(s) for the issuance of Work Orders for small utility projects(under$300,000), which may include, but are not limited to, the following plus ancillary items: • Wastewater Facility Work • Sanitary Sewer Main installation and repair • Sanitary Force Main installation and repair • Valve installation and repair on sanitary sewer main, sanitary force main, and process piping • Air piping installation and repair • Wastewater Pump installation and repair • Material Purchases • Utility Locates • Manholes • Inlets • Conduits • Concrete Work • Road Work • Paving Master SmUtility-ECR 081514 1 10/23/2014 09:25:30 AM J: i `St r tk.�. • Dewatering • Surveying and Field Engineering for construction layout and as-built drawings • Testing and Laboratory Services • Electrical Improvements • Other small projects as requested 2. Non-Exclusive;No Guaranty. This Contract is non-exclusive and the ECR reserves the right to award other contracts for work falling within the scope of this Contract. No work order(s) or minimum amount of work or compensation is guaranteed under this Contract. 3. Scope of Work. If awarded a Work Order, the Contractor shall furnish all necessary labor, materials, equipment and supplies, and shall execute and complete, to the satisfaction of Owner and in accordance with the terms and conditions of this Contract all work described and shown in the applicable Work Order. The work will be small utility projects(under$300,000). 4. Work Order(s): 4.1 Owner will issue Work Orders for small utility construction projects to awarded Contractor on an. as-needed:basis. Each work order will be on Owner's form and detail the specific project scope of work, project schedule for completion and compensation. All terms and conditions of this Contract, the General Conditions and the Contract Documents will be applicable to each Work Order. Time shall be of the essence of each Work Order. 4.2 No work is authorized until a work order is fully executed by the Owner. Any amendment to a work order is not effective and not authorized until such amendment is fully executed by the Owner. No Work Order may be amended-to exceed'$300,000. 4.3 No individual Work Order shall exceed $299,999.99. A comprehensive project shall not be broken into-small related segments/projects in order-to-fall within the limitations of this Contract. Contractor shall not execute any such Work Order. 4:4 The compensation/price to.be paid for each individual work order shall be specified in the work order and shall be based on the rates/unit prices shown in Exhibit A. 4.5 Work Orders shall be completed within the time indicated for each Work Order. Time is of the essence of each Work Order. Contractor shall proceed with the work and shall conform to the schedule for each Work Order. Work shall commence on the date indicated in the Notice to Proceed issued by Owner and be substantially complete and then fully complete in accordance with the Work Order schedule and the General Conditions,with such extensions of time as are provided in the General Conditions. 4.6 No Work Order may be issued for Services to be completed after the expiration of this Contract. The form of Owner's Work Order is attached to this Contract. 5. Payment and Invoices. Payment for Work Orders shall be made in accordance with the General Conditions of this Contract. Contractor acknowledges that if a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the appropriate completed Small Business participation form and any updated insurance documents. 6. Term of Contract. 6.1 Term of Contract. Subject to the termination rights of the Owner, this Contract shall have a term of three (3) years, commencing as of the date of execution by the Owner. The Owner shall execute this Contract last. 6.2 Renewal. At the sole option of the ECR, this Contract may be renewed for up to two additional twelve (12) month periods. Contract renewal will only be effective upon a written contract amendment executed by both parties. Renewal terms and conditions for this Contract shall be unchanged. 7. Liquidated Damages. The actual damages ECR and the public may suffer as a result of the failure to complete work under a Work Order within the scheduled time are not ascertainable at the time of this Contract. If Master SmUtility-ECR 081514 2 10/23/2014 09:25:30 AM said work under any Work Order is not substantially and then fully completed within the time established by the Work Order and the General Conditions, as may be adjusted, the Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages, and not as a.penalty, a sum per calendar day for each and every day or part of a day thereafter that said work remains incomplete. Unless a Work Order specified otherwise, Contractor shall pay to ECR the sum of Two Hundred Dollars ($200) per calendar day as liquidated damages. 8. Construction Bond(s). If the estimated amount of any Work Order is $200,000 or more, or if a bond is required by ECR/City on any other Work Order, then prior to the commencement of the work under such Work Order, Contractor shall record a public construction bond, in an amount not less than the total cost of such Work Order, on City approved forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond(s) prior to commencing work and submittal of first invoice. The ECR Board and City shall be co-obligees under such bonds. The bond shall incorporate by reference the terms of the Contract Documents in their entirety. 9. Required Insurance. 9.1 Contractor shall maintain following liability coverage, in the limits specified, and shall provide evidence of such coverage prior to Contract execution: Comprehensive General Liability: Not less than $1,000,000.00 Combined Single Limit per each occurrence and $2,000,000 aggregate, with bodily injury limits. May not be subject to a self- insured retention or deductible exceeding $25,000. Automobile Liability: Not less than $1,000,000.00 for injuries per person in any one accident or occurrence and $1,000,000.00 in the aggregate for injuries per occurrence or accident, with $100,000.00 for property damage in any one accident or occurrence. May not be subject to a self-insured retention or deductible exceeding$10,000. Worker's Compensation: Worker's Compensation and Employer's Liability Insurance with limits of Employer's Liability Insurance not less than $500,000 "each accident," $500,000 "disease policy limit,'and $500,000"disease each employee." Any liability coverage on claims made basis shall remain effective for five(5) years after final payment. 9.2 Based on the work to be performed, specific Work Orders for specific utility work projects may require additional insurance coverages. 9.3 Additional Insured: All required insurance (except Worker's Compensation and Professional Liability) shall include an Additional Insured endorsement identifying the City of West Palm Beach and ECR as Additional Insured. No costs shall be paid by the Owner for an additional insured endorsement. Additional Insured: All liability insurance policies shall name and endorse the following as additional insured(s):the ECR Board, the City of West Palm Beach and its commissioners,officers, employees and agents. 9.4 Certificate of Insurance: Evidence of insurance, being a current ACORD certificate of insurance or its equivalent, executed by the insurer, or its agent or broker, evidencing that a policy of insurance and any required endorsements have been issued by the agent/broker shall be delivered to City prior to execution of any contract awarded. The Certificate of Insurance shall be dated and show the name of the insured, the specific contract or work authorization by name, WA number and contract number, the name of the insurer, the number of the policy, its effective date, and its termination date. 9.5 Sub-Contractors. Proposer(s) shall ensure that any sub-consultants will maintain during the term of their contract,the above types of insurance, in coverage amounts acceptable to the Owner. 10. Contractor's Understanding. It is understood and agreed that the Contractor shall, prior to the execution of any Work Order, by careful examination, satisfy itself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions. Execution of a Work Order by the Contractor shall be a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with local conditions Master SmUtility-ECR 081514 3 10/23/2014 09:25:30 AM under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor agrees that its inspection of the site and review of information furnished by Owner shall be adequate investigation. By execution of a Work Order, Contractor represents that the plans and specifications are consistent, practical, feasible and constructible.within the scheduled construction time and Contractor affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or site. Contractor agrees that that if during construction any discrepancies, defects, etc., are discovered by or made known to Contractor, Contractor shall immediately communicate same to the Owner. 11. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project(or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 12 Ethics. Contractor acknowledges, agrees and commits that it shall comply with all applicable state, county and city rules and regulations. 13. Inspector General. Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and any Work Order hereunder, and may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be a material breach of this Contract justifying its termination. 14. Small Business. Contractor agrees to use the certified small businesses identified by Contractor for each Work Order in the manner and proportions set forth in the Work Order and Small Business Commitment form. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program and the utilization of an payment to certified small businesses under this Contract. Contractor shall make said records available to the Owner-for inspection during reasonable business hours. 15. Contract :Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The term "Contract" and or "Contract Documents" shall include all project and work requirements, the terms and conditions contained in this Contract and the General Conditions, on the City website(s), each Work Order and the following documents, all of which taken together are incorporated herein and form the Contract Documents. The Contract Documents constitute the entire-agreement between Contractor and Owner and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. For convenience sake, all of the Contract Documents may not be attached to this Contract, but the indicated documents are incorporated and make up the Contract Documents, regardless of whether they are attached. ❑ General Conditions ❑ Exhibit A—rates/prices ❑ Public Construction bond(s) ❑ Contractor's Insurance ❑ Drug Free Certification ❑ RFQ 13-14-407 ❑ The following Contract Documents may be found at www.cityofwpb.org/engineeringi. Owner's Approved Materials List Owner's Engineering Standard Details ❑ Each Work Order and all associated Documents The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. Master SmUtility-ECR 081514 4 10/23/2014 09.25.30 AM T a, IN WITNESS WHEREOF,the parties execute this Contract through their duly authorized representatives. EAST CENTRAL REGIONAL WASTE WATER TREATMENT FACILITY BOARD . By its agent ATTEST: CITY OF EST PALM BEACH By: By: U41J..4u City C erk Geral ine Mu66, Mayor Date: .� 2 ,2014 CITY ATTORNEY'S OFFICE Approved as f and legality By: WITNESS: Contractor: DP DEV QENT TREASURE COAST,Print Name: �w � �( CJ Print Na �1�� Title: Master SmUtility-ECR 081514 5 10/23/2014 09.25.30 AM s East Central Regional Water Reclamation Facility 'r Small Utility Construction : %oRSOr Work Order No. Contract No. 14561 Contractor: DP Development of the Treasure Coast, LLC Project/Work Title: y� 1. Work A detailed scope.of work.fo beperformed under this-Work Order is r a ttached-a's4Ezhibit;A. ❑ (check if applicable) Technical specifications and drawings for the Project prepared by dated , project number (the "Contract Drawings") describe the work and are Contract Documents for this Work Order. 2. Schedule: Time is of the essence of this Work Order. The Contractor shall commence Work under this Work Order on the date indicated in the Notice to Proceed and fully complete said Work in accordance with Exhibit Substantial Completion shall be: days from Notice to Proceed. 3. Work Order Price. The total amount to be paid to the Contractor by the Owner under this Work Order shall not exceed the sum of ($ ) subject only to adjustment-as provided in-the General Conditions. The price shall be based on the rates/unit prices under the Contract. No Work Order may exceed the price of'Three Hundred Thousand Dollars. Payments shall be made in .accordance with the General Conditions. Contractor acknowledges that if f-a construction bond is required, final payment under this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit individual invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the,,appropriate completed Small Business participation form and any updated insurance documents. i ❑ (check if applicable) A detailed schedule of values is attached as Exhibit ❑ (check if applicable) Contingency. Owner and Contractor agree the project budget shall include an Owner's contingency, which shall be utilized in accordance with the General Conditions, sum in the amount of 4. Liquidated Damages. In accordance with the Contract Documents, Contractor shall be liable and hereby agrees to pay to the Owner as liquidated damages for each and every calendar day or part of a day that the work remains incomplete, the sum of Two Hundred Dollars ($200.00)per calendar day. 5. Construction Bond. Unless indicated below, Contractor will record the required public construction bond, on City forms, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified copy of the recorded bond prior to commencing work under this Work Order and submittal of first invoice. ❑ (check if applicable) Construction bond not required and Work Order Price is less than $200,000. 6. Special Terms. Master SmUtility-ECR 081514 6 10/23/2014 09.25.30 AM t . 7. Warranty. Contractor agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. 8. Small Business: The small business commitment for this Work Order is %. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence compliance with the Small Business program and the utilization of an payment to certified small businesses under this Contract. 9. Insurance: Contractor hereby confirms that it maintains the insurance'coverages required under the Contract and that certificates of insurance evidencing current policies are on file with the City as of the date of this Work Order. 10. Contract Reference: This Work Order shall be performed under the terms and conditions described within the master contract titled Master Contract for Small Utility Construction, dated , by and between the East Central Regional Waste Water Treatment Facility Board by its agent, City of West Palm Beach and the Contractor named above ("Contract"). 11. Contract Documents. Contractor agrees to complete all work in accordance with the Contract Documents. The following documents are Contract Documents with respect to this Work Order, regardless of whether they are attached: El Technical Specifications and Construction Drawings and specifications identified above. ❑ Scope of Work ❑ Contractor's Bid and Schedule of Values ❑ Construction Schedule ❑ Special Terms ❑ Grant Requirements ❑ Substitution Sheet ❑ Contractor's Material Suppliers List ❑ Schedule of Subcontractors—including suppliers ❑ Trench Safety Compliance Form ❑ Small Business—Statement of Small Business Participation ❑ The following Contract Documents may be found at www.cityofvvpb.org/engineering/. Owner's Approved Materials List Owner's Engineering Standard Details CONTRACTOR: EAST CENTRAL REGIONAL DP DEVELOPMENT OF THE TREASURE WASTE WATER TREATMENT FACILITY BOARD COAST, LLC By its agent CITY OF WEST PALM BEACH By: Geraldine Muoio, Mayor Print Name: Date: . 20 ATTEST: City Clerk CITY ATTORNEY'S OFFICE Approval as to form and legality By: Master SmUtility-ECR 081514 7 10/23/2014 09:25:30 AM t5rr<` GENERAL CONDITIONS a SECTION CAPTION GC 1 Definitions GC.2 Contract Documents GC 3 Owner GC 4 Contractor GC 4.1 Contractor Responsibilities GC 4.2 Contractor Review GC 4.3 Supervision and Labor GC 4.4 'Materials and Equipment GC 4.5 Substitution GC 4.6 Quality Assurance GC 4.7 Permit and Fees GC-4.8 Notice to Proceed; Schedule; Delay GC 4.9 Survey; Lines, Grade, Levels and Dimensions GC 4.10 -Record Documents GC 4.11 Work Site GC 4.12 Protection of Work and Property GC 4.13 Concealed or Unknown Conditions GC 4.14 Safety GC 4.15 Progress; Reporting GC 4.16 Shop Drawings, Samples and Submittals GC 5 Inspections and Testings GC 6 Correction of Work GC 7 Work by Others at Site GC 8 Changes in the Work GC 9 Completion GC 9.1 Requirements Prior to Substantial Completion GC 9.2 Notice GC 9.3 Substantial Completion GC 9.4 Inspection and Punch List GC 9.4 Substantial Completion GC 9.5 Punch List Retainage GC 9.6 Requirements Prior to Final Inspection GC 9.7 Final Inspection GC 9.8 Owner's Rights GC 9.9 Final As-Built Documents 1 FORM GENCON 100914 10/23/2014 09.25.30 AM L � GC 9.10 Use of Completed Portions GC 10 Payment GC 10.1 Schedule of Values GC 10.2 Taxes GC 10.3 Payment When Performance and Payment Bond Required GC 10.4 Payment Requests GC 10.5 Initial Payment GC 10.6 Progress Payments GC 10.7 Decision to Withhold Certification of Payments Requests GC 10.8 Retainage GC 10.9 Payment to Subcontractors GC 10.10 Final Payment GC 10.11 Final Payment to Subcontractors GC 10.12 Allowances GC 10.13 Contingency Funds GC 10.14 Withheld Payments GC 10.15 Local Government Prompt Payment Act GC 11 Bonds GC 11.1 Performance and Payment Bonds GC 11.2 Surety GC 12 Liens.and Releases of Liens GC 13 Insurance; Indemnification GC 14 Subcontractors and Suppliers GC 15 Engineer/Architect's Status GC 16 Termination and Suspension GC 17 Unexcused Delay; Liquidated Damages GC 18 Claims and Disputes GC 19 Warranty Inspection GC 20 Royalties and Patents GC 21 Legal and Ethical Provisions GC 22 Miscellaneous 2 FORM GENCON 100914 10/23/2014 09:25:30 AM GC 1 DEFINITIONS The following definitions will apply regardless of whether the word(s) is capitalized, if the context is appropriate. "Addenda" is a document issued prior to the opening of bids which clarifies, corrects or changes the bidding requirements or the proposed Contract Documents. "Agreement" is the written instrument which is evidence of the agreement between Owner and.Contractor covering the Work. "Change Order" shall mean a written order issued .by the Owner and accepted by the Contractor, authorizing additions, deletions, or revisions in the Work, or an adjustment in the contract price, or contract times, issued on or after the Effective Date of the Contract. "claim" shall mean a demand or assertion by the Owner or Contractor seeking an adjustment of the contract price or contract times, or both, or relief with respect to the terms of the Contract." F "Constructive Change Directive (CDD)" is a document issued to authorize Work when a change order is not yet issued or has not yet been agreed upon. "Construction Drawings" or "drawings" are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. "Contract date" shall be the date on which the Contract is signed by the last of the two parties to sign and deliver. "Contract Documents" or "Contract" consist of the Contract between the Owner and Contractor, the payment and performance bonds (or public construction bond), the General Conditions, any supplemental or special terms or conditions of the Contract, Construction Drawings, specifications, bidding documents, addenda, and other .documents listed in the Contract, regardless of whether physically attached.to the Contract, and any amendments or change orders issued and duly executed after execution of the Contract. "Contractor" shall mean the entity contracting with the Owner to perform the Work or its authorized representative. Contractor shall be lawfully licensed to perform the Work. "contract price" is the total amount payable by the Owner to Contractor for performance of the Work under the Contract Documents. "day" shall mean calendar day, unless otherwise specifically indicated. Where the performance of any act is directed, the time shall be computed so as to exclude the first and include the last day of the prescribed period. When the last day of a period falls on a Saturday, Sunday or legal holiday (observed by the party) the period shall end on the next day that is not a Saturday, Sunday or legal holiday. "Engineer/Architect" shall be used and shall be understood to mean the professional engineer or architect consultant retained by the Owner as the Engineer or Architect of Record, or the designated staff engineer of the Engineering & Public Works Department of the Owner. "fifty percent completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporated and which will remain in place subsequent to Final Completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractor's mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work do not apply to the determination of"Fifty Percent Completion"of the Work for purposes of establishing entitlement to a reduction of retainage. 3 FORM GENCON 100914 10/23/2014 09:25:30 AM L r "Final Certification" is the document issued to Owner by the Engineer/Architect upon finding the Work acceptable under the Contract Documents and all requirements fully performed. "Final completion" shall be deemed to have occurred when the Engineer/Architect finds the Work acceptable under the Contract Documents and that all contract requirements have been fully performed. "Notice to Proceed" is the written notice given by Owner to Contractor fixing the date on which the Contract time will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. "Owner" or "City" is the City of West Palm Beach. The authorized representative for execution of the Contract and any amendments or change orders is the Mayor. "project" is the total construction; of which the Work performed under the Contract Documents may be the whole or a portion; and may include construction by the Owner and/or separate contractors. "schedule of values" shall be a Contractor prepared and maintained schedule allocating portions of the contract price to various portions of the Work and used as a basis for reviewing the Contractor's application for payment. ."shop drawings" are drawings, diagrams, illustrations, schedules and other data specially prepared for the Work by Contractor or its Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. Shop drawings are not Contract Documents but are used to demonstrate how the Contractor proposed-to conform to the design concept of the.Contract Documents for those portions of the Work for which the Contract Documents require submittals. "specifications" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work and performance of related services. "subcontractor" is a person or entity in direct or indirect contract with the Contractor, or with any other subcontractor,to perform a portion of the Work. "substantial completion" shall be deemed to have occurred when the Work has progressed to the point where, in the opinion of the Engineer/Architect, the Work is sufficiently complete, in accordance with the Contract Documents, so that the Owner can utilize the Work and 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 except where a lack of completion of such incidental or incomplete items of Work will adversely affect the complete operation of other areas of the Work. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific are set forth in the Special Terms or Supplemental Conditions. "Supplemental Conditions" are that part of the Contract Documents which amends or supplements these General Conditions. "Work", means the construction services required by the Contract Documents and includes all labor, equipment, materials, documents and services to be provided by the Contractor to fulfill the Contractor's obligations under the Contract. Work may refer to the whole or a portion of the project. The terms "Owner", "Contractor", "Engineer/Architect" and "Subcontractor" are treated throughout the Contract as if each were of the singular number and masculine gender. 4 FORM GENCON 100914 10/23/2014 09:25:30 AM GC 2 CONTRACT DOCUMENTS 2.1 EXECUTION, CORRELATION AND INTENT OF DOCUMENTS: 2.1.1 The Contract shall be executed in at least two original sets by Owner and Contractor. 2.1.2 The Contract 'Documents are intended to include all items necessary for the proper execution and completion of the Work by the Contractor. Any labor, services, materials, equipment or documentation that may reasonably be inferred from the Contract documents or trade usage or prevailing custom as being.required to produce the indicated result will be provided whether or not specifically called for,at no additional cost to Owner. 2.1.3 The Contract Documents are complementary, and wherever possible the provisions of the documents shall be construed in such manner as to avoid conflicts between provisions of the various documents. In the event of any inconsistency among the Contract Documents, where such inconsistency is not clarified by change order or addendum, the Contract Documents shall be construed according to -the following priorities: First Priority: Approved Change Orders, Addendums or Amendments Second Priority: Specifications (quality) Third Priority: Drawings (location) Fourth Priority: Supplemental Conditions or Special Terms Fifth Priority: General Terms and Conditions Sixth Priority: Contract Seventh Priority Invitation to Bid Eighth Priority Contractor's Bid 2.1.4 In any event of inconsistency, however, the latest,-and more stringent, or technical, or the lesser quantity requirements shall control the work to be performed by Contractor, as determined by the Engineer/Architect. 2.1.5 Organization of the Specifications into sections or arrangements of the Construction Drawings shall not control how the Work is distributed to subcontractors or among the trades. 2.1.6 The Contract Documents make no attempt to fix the scope of work of any subcontractor nor the responsibilities of the subcontractors. 2.1.7 Unless otherwise stated in the Contract Documents, words that have well-known conventional or technical or construction-industry meanings are used in the Contract Documents,in accordance with such meanings. 2.1.8 Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to laws or regulations, shall mean the standard, specification, manual, code, or laws, or regulations in effect at the time of bid opening or on the Contract date if there were no bids. 2.1.9 The following Contract Documents may be found at www.citvofwpb.org/engineering/ Owner's Approved Materials List Owner's Engineering Standard Details Owner's Right-of-Way Construction Standards (if applicable) 2.2 CONSTRUCTION DRAWINGS AND SPECIFICATIONS. 2.2.1 The Owner through the Engineer/Architect, or the Engineer/Architect as the Owner's representative, shall furnish Construction Drawings and specifications which represent the requirements of the Work as far as practical to be performed under the Contract Documents. The Owner or 5 FORM GENCON 100914 10/23/2014 09:25:30 AM Engineer/Architect will provide the Contractor with copies of all drawings and specifications, not to exceed four(4)complete sets,for the execution of the Work. . 2.2.2 The Contractor shall, immediately upon receipt of the specifications and Construction Drawings, check all specifications and drawings furnished and shall promptly notify Owner, in writing, of any illegibility, error, omission, defect or discrepancy discovered in such specifications and drawings and shall comment as appropriate upon construction feasibility and practicality. Contractor shall obtain written interpretation or clarification from Engineer/Architect prior to proceeding with any Work affected by such illegibility, error, omission, defect or discrepancy. Contractor shall be responsible for obtaining building permits for the Work based on the specifications and Construction Drawings. The Contractor shall perform work only in accordance with the specifications and permitted Construction Drawings and any subsequent revisions thereto. 2.2.3 If the permit approval process requires a change to the scope of the work, the Contractor shall notify the Owner and Engineer within seven (7) days of Contractor being informed of the required change or receipt of the permitted Construction Drawings and such notification shall contain a written description of the change and its impact on the cost and schedule, if any. Failure to provide such notice within seven (7) days shall be a complete waiver by the Contractor of all additional cost and time and Contractor shall perform and additional work at its expense and complete the Work according to schedule and in no event shall Contractor recover delay or consequential damages. 2.3 OWNERSHIP AND USE OF DRAWINGS AND SPECIFICAIONS 2.3.1 Any and all Construction Drawings produced for the Owner become the property of the Owner. The Contract Documents, in whole or in part, are to be used by the Contractor only with respect to the project and the Work, and shall not be used by the Contractor for any other purpose without written authorization by the Owner. This prohibition shall survive completion or termination of the Contract. The Contractor may retain copies of Contract Documents for record purposes. 2.3.2 For security reasons, building plans, construction drawings, security features and technical details and specifications of City-owned facilities are not public documents. These documents may be shared by Contractor with those employees and subcontractors as needed to perform the Work. However, Contractor and its subcontractors shall not release such plans, drawings, and specifications to any other third party without Owner's prior written approval. 2.4 ELECTRONIC DATA Unless specifically stated in Supplemental Conditions or Special Terms, and excepting the electronic documents referenced in GC 2.1.9, the data, specifications and drawings that may be relied upon are limited to the printed copies (hard copies). If the parties intend to transmit any data, information or documentation in digital form, with the intent of reliance on such transmission, and not solely for the convenience of the receiver, the parties to the transmissions shall establish protocols for such transmissions. GC 3 OWNER 3.1 Owner shall be responsible for obtaining any easements necessary for the Work to be performed at the indicated site. 3.2 The furnishing of any surveys, utility locations, or other site information by the Owner does not relieve Contractor of its responsibilities under the Contract Documents. Owner makes no representation or warranty as to the accuracy of any information provided to Contractor. 3.3 Unless otherwise provided in the Contract Documents, Owner shall provide Contractor with at least one(1).but no more than four(4) complete set(s) of Contract Documents. 3.4 Unless otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer/Architect. 6 FORM GENCON 100914 10/23/2014 09:25:30 AM ' 1 3.5 Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the performance of the Work. 3.6 OWNER'S RIGHT TO STOP WORK. If Contractor fails to correct Work that is not in accordance with the Contract Documents, or repeatedly fails to perform Work in compliance with the Contract Documents, Owner may issue a written order to Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated or resolved. 3.7 OWNER'S RIGHT TO PERFORM WORK. Owner reserves the right to perform or complete all or a:portion of the Work in the event of Contractor's failure to perform the Work in accordance with the Contract Documents,after written notice of such failure and a five (5) day period to cure such failure(s).. Owner's exercise of its right to perform the Work shall be without prejudice to any other remedies Owner may have. In such event, a change order shall be issued deducting the Owner's costs, including additional compensation to Engineer/Architect, from payments thereafter due to Contractor. The amounts deducted shall be subject to review by Engineer/Architect. If payments due to the Contractor are not sufficient to cover the amount, the Contractor shall pay the difference to Owner. GCA CONTRACTOR 4.1 CONTRACTOR'RESPONSIBILITIES. 4.1.1 Contractor shall supervise, inspect and direct the Work, competently and efficiently, in ..accordance with the Contract Documents: The Contractor shall be held liable to Owner for the performance of all Work provided for under the Contract.Documents. 4.1.2 Contractor shall employ and or subcontract with subcontractors that are qualified to .successfully complete the Work and within the contract time specified. 4.1.3 Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, 'heat, utilities, travel, lodging, insurance, facilities and services necessary for the proper execution and completion of the Work. 4.1.4 Contractor shall be solely responsible for all construction means, methods, techniques; sequences, procedures and safety programs in connection with the performance of the Work. Contractor shall be solely responsible for the engagement, management and performance of any subcontractors used to perform any portion of the Work. 4.1.5 Contractor shall be liable to Owner for materials and equipment furnished. This shall include all materials and equipment whether manufactured and/or fabricated by other persons. In the event that an agent or other representative of the Owner approved.the installation or erection of any item of material or equipment and the Contractor feels the same is not fabricated in good workmanlike manner, Contractor shall forthwith advise the Engineer/Architect and the Owner of such situation in writing. 4.1.6 Contractor shall maintain a log of daily Work activities, including manpower records, weather, delays, major decisions, etc., and provide a copy of same to Owner upon request. 4.1.7 Contractor shall maintain a current roster of subcontractors with name and contact telephone numbers for key personnel and provide a copy of same to the Owner at the beginning of the project and at any time the information is revised. 7 FORM GENCON 100914 10/23/2014 09:25:30 AM 4.1.8. Contractor shall provide a safety program for the project and conduct a safety meeting prior to commencing work and at regular intervals, no less than once per month, during the prosecution of the Work. 4.1.9 For street and utility construction, Contractor shall give notice of commencement of construction to all nearby properties which may be affected by the Work at least seven (7) calendar days prior to commencement of construction. Owner's project manager will assist Contractor in determining those properties requiring notice. 4.1.10 Contractor shall not perform any Work unless the Contractor is in compliance with GC GC 4.8.2 and GC 4.10.1. 4.1.11 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs,in connection with the Work. 4.2 CONTRACTOR REVIEW 4.2.1 Contractor shall carefully study and review the Construction Drawings, plans and specifications to assure itself and Owner that Contractor has observed no defects or discrepancies in the Construction Drawings or specifications and such plans are consistent, practical, feasible and constructible within the scheduled construction time. It is recognized that Contractor's review is made in Contractor's capacity as a contractor and not as a design professional, unless otherwise specifically provided in the Contract.Documents. 4.2.2 The Contractor shall, by careful examination, satisfy itself, to the extent it deems necessary, as to the nature and location of the Work,the conformation of the ground and site, access and transportation of materials, the character, quality and quantity of the'materials, storage, handling and disposal of materials,the character and storage of the equipment and facilities needed preliminary to and during the prosecution of the Work, the availability, quantity and quality of labor, water and electric power; availability and condition of roads; climatic conditions; location of underground utilities; existing site conditions, topography and ground conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be encountered; the general and local conditions and all other matters which can in any way affect the performance of the Contract. Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, reviewed any design criteria furnished by Owner, become generally familiar with conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. No change shall be made to the contract price on account of minor differences between actual field conditions and the Contract Documents. Contractor's failure to assess the site conditions will not relieve it from the responsibility for properly estimating the costs and schedule of performing the Work. 4.2.3 If the Contractor, whether prior to or during construction, discovers or becomes aware of any discrepancies, defects, errors or omissions in the Construction Documents, or any issues or concerns regarding the Work site, Contractor shall immediately report them in writing to the Owner and the Engineer/Architect. 4.2.4 Subsoil Conditions. Unless otherwise stipulated in the Construction Documents, no subsoil investigations have been made. The Contractor shall satisfy itself as to all subsoil conditions as necessary. Contractor shall be responsible for coordinating and scheduling geotechnical services based on Contractor's testing requirements. 4.2.5 Underground Utilities and Facilities. Where applicable, Contractor shall be responsible for locating all underground utilities and facilities. Owner shall not be responsible for the accuracy or completeness of any information or data provided regarding underground utilities or facilities.. 8 FORM GENCON 100914 10/23/2014 09:25:30 AM J 4.3 SUPERVISON & LABOR 4.3.1 Contractor shall supervise, direct and inspect the Work using Contractor's best skill and attention. Contractor shall enforce discipline and order at the Work site. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction 4.3.2 Project Manager. To ensure that the work will be performed to the requirements of the Contract Documents, Contractor shall, at all times during the progress of the Work, assign and keep a competent Project Manager satisfactory to the Owner. The Contractor shall advise the Owner and Engineer/Architect, in writing, within ten (10) calendar days after the date of Owner's issuance of a Notice to Proceed, the name and local address of the Project Manager who will be in responsible charge of the project, together with the extent of his authority to represent and act on behalf of the Contractor, along with the Project Manager's cell phone number. In the event the Contractor must replace the Project Manager during the pendency of the Project, Contractor shall, unless otherwise impossible, give Owner at least ten (10) calendar days prior notice of such replacement and advise Owner of the name and cell phone number of the new Project Manager. The Contractor will ensure that Owner and Engineer/Architect shall be able to reach the Project Manager at his cell phone number at all working hours and during emergencies. The Project Manager shall represent the Contractor in his absence and all notices and directions given to him shall be binding as if given to the Contractor. Important directions shall be confirmed on written.request in each case. At any time Owner may request and Contractor shall replace the individual performing as Project Manager with an individual acceptable to Owner. 4.3.3 Labor. Contractor shall employ only competent, skilled and suitably qualified personnel to perform the work. Contractor shall remove from the jobsite any personnel of Contractor or subcontractors who is unfit or not properly skilled in the tasks assigned to him, or working in violation of any provision of the Contract. Contractor and all subcontractors shall be bound by and comply with all applicable-Federal, State and local laws regarding labor. -4.3.4 Hours. Except as otherwise required for safety or protection of persons or the Work, or adjacent-property, and except as otherwise provided in the Contract Documents,.all Work at the project site shall be performed Monday through Friday, 8 am to 5 pm. If the Contract Documents specifically required work to be performed beyond normal working hours, weekends or legal holidays, or should the completion time required work to be performed.at said times, or should the Contractor, with the Owner's permission, elect to perform work at said times, any additional costs resulting from working at said times are the Contractor's sole responsibility. All work performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to Owner. 4.4 MATERIALS &EQUIPMENT. 4.4.1 Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools, equipment, services, transportation, and other facilities necessary for the execution and completion of the Work. 4.4.2 Unless otherwise specified, only new, unused materials, equipment and items of recent manufacture, of designated quality, free from defects, will be accepted. All workmanship will be of good quality. Contractor shall, if requested, furnish evidence satisfactory to the Owner as to the kind, quality and manufacturer of materials. Owner will be the final authority for determining conformance of workmanship, materials, equipment and systems with the requirements of the Contract Documents. 4.4.3 No work defective in construction or quality, or deficient in meeting any requirement of the Contract Documents, Construction Drawings or specifications, will be acceptable regardless of Owner's failure to discover such defects during construction; nor will inspection by the Engineer/Architect relieve Contractor from ensuing the quality of the Work as required by the Contract. No payment, whether partial or final, shall be construed as an acceptance of defective or unacceptable work or improper materials and equipment. 9 FORM GENCON 100914 10/23/2014 09.25.30 AM 4.4.4 Approved Materials. Owner's Approved Materials List is found at www.cityofwpb.org/engineering/ 4.4.5 Samples. Where samples are required, samples shall be submitted by and at the expense of Contractor. Materials represented by such samples shall not be manufactured, delivered to the site or incorporated into the Work without such review. At least fifteen (15) calendar days shall be allowed for Owner's review. 4.5 SUBSTITUTION. 4.5.1 Substitutions are changes in materials, equipment, methods or sequences of construction, design, structural systems, mechanical, electrical, or other requirements of the drawings or specifications. The naming of a specified product of specific manufacturers for equipment or materials in the specifications or Contract Documents shall be interpreted as establishing a minimum standard of quality and performance. It shall not be construed as eliminating the selection of other than the named equipment or materials equal to those specified, unless the equipment or materials are specifically designated as not permitting substitution. If Contractor objects to equipment or materials specifically designated as not permitting substitution as not being suitable for the Work, Contractor shall promptly notify Engineer/Architect in writing, absent which, Contractor shall be deemed to accept the suitability of such equipment or materials for the work. Contractor shall provide written justification and explanation of the objections. Upon receipt of a timely objection notice, Engineer/Architect shall review the objection and render a determination to Contractor of whether a substitute will be permitted. 4.5.2 Contractor may make substitutions only with the consent of Owner, after evaluation by the Engineer/Architect, and in accordance with a change order or construction change directive. The burden of proof that such an item offered is equal in all respects to that specified shall be Contractor's: By making a request for substitution,the Contractor represents: - Contractor has investigated the proposed substitute item, material and/or process and determined that it is equal or superior in all respects to that specified; - That such item will fit into the space allocated; - That such item affords comparable ease of operation, maintenance and service; - That the appearance, longevity and suitability for the-climate are comparable; - That by reason of costs savings, reduced construction time or similar demonstrable benefit,the substitution of such item will be in Owner's interest; - There will be no detrimental impact to the project schedule; - That the Contractor will provide the same or better warranty for the substitute item as, the.specified item; - That the cost data presented at the time of request for review is complete and includes all related costs under the Contract, including costs for review by design professionals, and Contractor waives all other claims for additional costs related to the substitution that are not presented with the request. 4.5.3 All requests for substitutions shall be in writing, with supporting information, shall be submitted by and at the expense of Contractor. Contractor shall submit drawings, samples, data and additional information as may be required by Owner or Engineer/Architect. At least twenty (20) calendar days shall be allowed for Owner's review. 4.5.4 The above representations do not obligate Owner to consent to the substitution. Owner or its Engineer/Architect shall make the determination as to the acceptability of any substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance with all requirements of the Contract. Contractor shall coordinate the change with all trades and bear the expense for any changes in other parts of the work caused by any substitution. 4.5.5 Contractor may make only two requests for substitution in the same category. Contractor shall be invoiced the expenses incurred by Owner for its design professionals in reviewing additional substitution requests or in modifying any of the Contract Documents to accommodate the substitution, unless otherwise approved by Owner. 10 FORM GENCON 100914 10/23/2014 09:25:30 AM 4.6 QUALITY ASSURANCE 4.6:1 Contractor shall develop, implement and maintain a plan for the Work with quality assurance and management and control of the construction services. Contractor shall maintain a continuous presence at the Work site and an adequate inspection system and perform such inspections as will assure that the Work performed conforms to the requirement of the Contract Documents. 4.6.2 Contractor shall allow the Engineer/Architect full access to the Work for inspection of the Work. When requested by Engineer/Architect, the Contractor shall meet with Engineer/Architect at reasonable times and furnish all information requested. Neither Owner nor Engineer/Architect shall be liable to Contractor for compensation or claims for delay or interference on account of any such meeting, or the supply of information, or tests or inspections. The activities of the Owner and/or the Engineer/Architect in administration of the Contract or in performing tests or inspections shall not relieve the Contractor of its obligations to perform the Work in accordance with the Contract Documents. 4.6.3 Warranty. Contractor warrants to Owner that the Work will conform to the requirements of the Contract.Documents and will be free from defects. Work; materials or equipment not conforming to these requirements may be considered..defective. Contractor's warranty excludes remedy for damage or defect caused.by abuse, alterations to the Work not executed.by Contractor or subcontractors, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. Warranty by the Contractor shall not be construed as a waiver.by the Owner of any other remedy. -4.7 PERMITS AND FEES. 4.7.1 All permits or licenses necessary forrthe performance of the Work or required by law or ordinance, including building permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise provided in the Contract Documents. Contractor shall be responsible for all governmental fees, including but not limited to utility fees and connection fees. 4.7.2 Building Construction. For construction of a building, Owner shall be responsible for all City of West Palm Beach construction plan and permit review fees 4.7.3 Surface and Subsurface Water. Contractor shall obtain all permits required from each applicable regulatory agency with respect-to the control of surface and subsurface water by Contractor during the work, with copies submitted to Owner, unless otherwise provided for in Supplemental Conditions. 4.7.4 Inspection Fees. Contractor shall be responsible for all inspection fees charged by regulatory/governmental agencies. 4.7.5 Right-of-Way Permit. For street and utility construction and as otherwise applicable, Contractor shall obtain a City of West Palm Beach right-of-way permit for each required road closure. Contractor shall submit detailed Maintenance of Traffic (MOT) plans, signed and sealed by a professional engineer, for each phase of the Work. During the times Contractor is working in the project area, Contractor shall utilize flagmen, traffic control devices and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans shall be reviewed and approved by Owner prior to implementation of work by Contractor. Contractor shall not close or obstruct any highway, road or other property until the necessary permits have been obtained. 4.7.6 Contractor shall immediately remedy any permit violations and shall be responsible for any damages, remediation,fines or penalties assessed by such agencies for permit violations. 11 FORM GENCON 100914 10/23/2014 09.25.30 AM 4.8 NOTICE TO PROCEED, SCHEDULE: DELAYS 4.8.1 Notice to Proceed. Contract times will commence to run on the date indicated in the Notice to Proceed issued by Owner, unless otherwise provided in the Contract Documents. 4.8.2 Commencement of Work. If a performance/payment bond(s) or public construction bond is required by the Contract Documents, Contractor may not commence any Work until Contractor has provided Owner with a certified copy of the performance/payment bond(s) evidencing that such bond(s) have been recorded with the Clerk of the Court in the Public Records of Palm Beach County. 4.8.3 Proiect Schedule. Within ten (10) calendar days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall prepare and submit to the Owner and to Engineer/Architect, for review and approval, a project schedule utilizing the Critical Path Method (CPM) graphically depicting the activities contemplated to occur as a necessary incident to performance of the work required to complete the project, showing the sequence in which the Contractor proposes for each such activity to occur and.duration (dates of commencement and completion, respectively) of each such activity. The construction schedule shall be complete in all respects, covering approvals, mobilization and demobilization, construction and Owner occupancy, in addition to activities and interfaces with other contractors at the work site, offsite activities such as design, fabrication, allowance for weather delays (if appropriate), submittals, procurement and jobsite delivery of Contractor furnished material and equipment, and shall have a completion date that corresponds to the Contract Documents. By executing the Contract, Contractor confirms that it is capable of properly completing the Work within the completion date set forth in the Contract Documents. The time limit for the completion of the work as described in the Contract Documents is of the essence of the Contract. 4.8.4 Contractor shall take all actions necessary to remain on schedule, at Contractor's sole cost and-expense, including but not limited to: 1. Increase manpower as necessary to eliminate work backlog. 2. Increase the number of working hours per shift, shifts per working day, working days per week, construction equipment,.or any combination of the foregoing to recover the schedule. 3. Reschedule the work in conformance with specification requirements. 4.8.5 Testing & Inspections. Contractor must provide a minimum of five (5) calendar days prior notice for specified testing or inspections that are to be performed by Owner or separate contractors. Such notice,testing and inspections shall be included in the Contractor's schedule. 4.8.6 Monthly Construction Schedule. For Projects with schedules exceeding 160 calendar days, or where required by the,Contract Documents for shorter duration projects, at the end of each calendar month, Contractor shall prepare a separate construction schedule, formatted to fit in a three-ring binder, to show the actual progress of the Work performed and the occurrence of all events which have affected the progress of performance of the Work already performed or will affect the progress of the performance of the Work yet to be performed, in contrast with the CPM schedule and planned progress of performance of such Work. Each such schedule shall be submitted to the Owner and Engineer/Architect. Failure of the Contractor to prepare and submit the monthly construction schedule(s) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material default and shall be sufficient cause to terminate the Contract or to withhold payment to the Contractor until a current monthly schedule is submitted. 4.8:7 Notice of Delay. The Contractor agrees that whenever it becomes apparent from the progress review meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the Owner and Engineer/Architect of the delay, in writing, within five (5) calendar days of a commencement of delay or knowledge of a potential delay. The monthly construction schedule does not constitute notice of delay. A breach and default of contract shall result from Contractor's failure to provide the Owner and Engineer/Architect with notice of the delay and failure to take all remedial actions available to recover the project schedule. 12 FORM GENCON 100914 10/23/2014 09:25:30 AM 4.8.8 Delay. A. Contractor shall not be entitled to an adjustment in contract time or contract price for delays within the control of, or reasonably foreseeable by, Contractor. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of Contractor. B. Contractor may request an extension of time to the project schedule if Contractor is delayed in the progress of the Work due to causes beyond the control of Contractor and not reasonably foreseeable, including but not limited to, fire, flood, epidemic, terrorist acts, abnormal weather conditions, acts of God, delays of utility owners, any act or neglect of Owner, or by any separate contractor employed by Owner or by any changes ordered in the Work. Abnormal weather conditions are a substantial variation from seasonal average weather conditions occurring for a significant period of time and operations were necessarily affected. Contractor shall support a claim of abnormal weather conditions with local US Weather Bureau climatological report for the period involved plus a report indicating the average weather conditions for the past 10 years from the nearest reporting station. C. Contract time will not be adjusted for delay in delivery where the delivery was not properly scheduled or an order was not placed at an appropriate time to allow delivery or an order was improperly placed. D. No time extension will be granted for delays resulting from improper scheduling of Contractor's forces or.those of separate subcontractors. E. No time extension will be granted to delays from failure to have shop drawings or samples submitted to the Engineer/Architect in ample time for a review, or from failure to schedule inspections or testing. F. Delays caused by subcontractors will be considered for time extensions only under the same conditions applicable to Contractor. 4.8.9 Extension of Time. The project schedule may only be changed by an executed Change Order. In the event of a claim of delay in the work, by causes beyond Contractor's control and which could not reasonably be foreseen, Contractor must request an extension of the contract completion date in writing and must provide the following information to Engineer/Architect and Owner within five (5) ,calendar days of commencement of the delay: 1. Confirmation whether all schedule updates, submittals and other conditions of the Contract have been met; 2. Affirmative representation that the delay is beyond the control of Contractor and subcontractors and due to no direct or indirect fault of Contractor. Contractor shall include all documentation to justify the delay. 3. Nature of the delay. 4: Dates of commencement/anticipated end of delay. 5. Evidence that the delayed work results in a direct delay to the schedule critical path. 6. List of tasks/work affected by the delay. 7. Anticipated extent of delay. 8. Remedial actions taken to get back on schedule. 9. Recommended action to minimize delay. 10. Confirmation that Contractor has used all the float time available for the work involved in the delay request. 11. Such other supporting information as requested by Owner or Engineer/Architect. Contractor acknowledges that the evaluation of time extensions will be based on the above information. Owner will not consider a claim for time extension which does not comply with the preceding requirements. 4.8.10 If Owner approves a Change Order extending the Contract time, such extension of Contract time shall extends the project construction schedule and completion date and substantial completion date for such reasonable time as Owner shall determine in the Change Order. 13 FORM GENCON 100914 10/23/2014 09:25:30 AM 4.8.11 Contractor agrees to complete the Work and project in accordance with the agreed construction schedule, as amended by any approved and duly executed Change Orders. 4.8.12 Waiver. Contractor,agrees that failure to timely request a time extension constitutes a waiver by Contractor of such claim for time extension. 4.8.13 Float. Neither the Owner nor the Contractor shall be considered to own the schedule "float"time. 4.8.14 No Damages for Delay; Exclusive Remedy. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner, Engineer, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims; including but not limited to, lost profits, loss or impairment of bonding capacity, destruction of business, overhead, remobilization or demobilization costs, subcontractor delay claims, supervision, extended unabsorbed home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts. Contractor hereby affirms that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the work,whether such delay is avoidable or unavoidable. 4.9 SURVEY; LINES, GRADES, LEVELS AND DIMENSIONS 4.9.1 The Contractor shall locate and layout all work from datum and dimension points given on the Construction Drawings: Contractor shall establish and verify lines and grades, levels, elevations and dimensions, as required. Contractor shall take measurements and verify dimensions of existing and new worts. Contractor is responsible for the preservation of all lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor or any of its subcontractors move or destroy or render inaccurate any such lines, points and elevations. The Contractor shall provide five (5) calendar days written notice to the Engineer/Architect as to its needs for lines, levels, elevations or dimensions. 4.9.2 If the Contractor, in the course of the work finds any discrepancy between the Construction Drawings and the physical conditions of the site, or any errors or omissions in the specifications or in the layout as given, Contractor shall immediately inform the Engineer/Architect and the Owner, in writing, and the Engineer/Architect will review the same and provide corrective instructions, if any are necessary. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 4.9.3 Survey. Where applicable to the Work, and unless otherwise specified, the Engineer/Architect shall furnish all land survey control points, base lines and benchmarks for the location of the Work. The Contractor shall be responsible for any necessary surveying services, including construction layout and final project record drawings. All survey work shall be performed by an independent, third party surveyor licensed to practice in the State of Florida, hired by Contractor and surveys shall be signed and sealed. All elevations shall be based on State Plane Coordinates NGVD-29. 4.9.4 For street, utility and other horizontal construction, where Contractor-supplied drawings are required for planning or performance of the Work, such drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as field connections for installation. Such drawings shall be submitted by and at the expense of Contractor. At least fifteen (15) calendar days shall be allowed for review by Owner. If drawings show variations from the Contract requirements, the Contractor shall describe such variations in writing at the time of submission. Review and permission to proceed by Owner does not constitute acceptance or approval of design details, calculations, analyses, test methods or materials developed or selected by the Contractor and does not relieve Contractor from full compliance with the Contract Documents. 14 FORM GENCON 100914 10/23/2014 09:25:30 AM 4.10 RECORD DOCUMENTS: 4.10.1 Record Set. The Contractor shall maintain at the work site one (1) copy of all permitted Construction Drawings and specifications, marked and kept current, to indicate all field changes, and selections made during construction. Contractor shall at all times give the Owner, the Engineer/Architect and all trades performing at the project, access thereto. The record set shall include: a. Construction Drawings b. Specifications c.Addenda d. Change orders and other modifications to the Contract e.Approved shop drawings, product data, and samples ' f. Permits 4.10.2 The Record set and As-Built Construction Drawings shall neatly, correctly and accurately show all changes made during construction from the Contract Documents and shall reflect surveyed information.The indicated revisions shall be neat and legible. 4.10.3' Final As-Built Documents. Prior to final inspection, Contractor shall provide Owner with "Record" or final"as-built" Construction Drawings and specifications, including all documents listed above, and which comply with the following requirements: - One complete set of mylar or paper marked-up as-built construction drawings with "RECORD" or"AS BUILT"clearly printed on each sheet and signed by Contractor; -One complete paper.set of marked-up .specifications with "RECORD" or "AS-BUILT" clearly printed on the cover. - One electronic copy of all documents, signed and sealed drawings and specifications in ".pdf' format; - As-built survey, where applicable, prepared by an independent third party land surveyor registered with the State of Florida on State Plane Coordinates certifying the elevation and location of improvements; - For street, utility and other horizontal construction, certified drawings showing horizontal and vertical locations, lines and grade of buried pipe line(s) four (4) inches or larger in diameter and exterior to buildings, and other buried facilities (e.g. valves, tanks, vaults, storm inlets, ducts, etc.) installed or discovered as a result of the Work and which comply with Owner's Final Record Drawing Requirements found at www.cityofwpb.org/engineering/. - For street, utility and other outdoor horizontal construction, certified drawings showing building corners, sidewalks, paved areas and the location of all above ground structures within the project site. -A list of each piece of equipment incorporated into the Work having an individual value of$500 or greater. The list shall include, at a minimum, manufacturer, make and model number, catalog number, supplier, quantity installed, and value of equipment, and operation and maintenance manuals and warranties where appropriate for such equipment. 4.10.4 Final pay request and connections to any existing utility main will not be approved until final as-built drawings are reviewed and accepted by Engineer/Architect. 4.11 WORK SITE 4.11.1 Access. Contractor's access to the site and storage areas shall be as shown on the Construction Drawings and as designated by the Owner. Access routes may also be used by Owner and its employees and other contractors. No other access points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site shall be experienced in the route or guided by contractor personnel. The Contractor is responsible for immediate cleanup of any debris deposited along the access route as a result of its construction traffic. In the event the Owner provides conditions or reasonable restrictions on the use or access to the lands upon which or adjacent to which the work is to be done, Contractor shall comply with all such conditions or restrictions. Any delay in the furnishing of 15 FORM GENCON 100914 10/23/2014 09.25.30 AM these lands by the Owner shall be deemed proper cause for an equitable adjustment in both Contract price and time of completion. 4.11.2 Owner Access. Owner, and its duly authorized employees, the Engineer/Architect, and representatives of all governmental agencies having jurisdiction over Work areas or any part thereof, shall, at all reasonable.times, have access to such areas and the premises used by Contractor. Contractor shall also arrange for Owner and Engineer/Architect to have access at all reasonable times to all places where equipment or materials are being manufactured, produced or fabricated for use under the Contract. 4.11.3 Contractor Area; Staging Area; Storage. Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its office, storage, assembly, equipment and parking, as appropriate, to the areas so assigned. The Contractor shall identify, at the pre-construction meeting, proposed locations for secure storage areas for materials, equipment, employee and subcontractor parking, and, where applicable, staging areas, construction trailers, etc. The use of private property shall be at the cost of the Contractor. Contractor shall provide evidence of the property owner's agreement to use said property to the Owner. As a condition of final payment, Contractor shall provide Owner with written release from the property owner advising that the property owner has no claims against Contractor arising out of Contractor's.use of the private property. 4.11.4 Delivery Unloading & Storage. Contractor.shall, at its expense, receive, unload, and store in a secure.place, all materials, plant and equipment required for the performance of the Contract. Any material and equipment to be stored outside which are subject to degradation by outside exposure shall be stored in a weather-tight enclosure provided by Contractor at its expense. Where necessary, delivery of materials, plant or equipment from off-site storage to the work site shall be at Contractor's expense. 4.11.5 Utilities. Unless otherwise provided in the Contract Documents, Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas, including, but not limited to: construction power, water as required throughout construction, and telephone service, if needed. Prior to final acceptance of the work, Contractor shall, at its expense, remove all temporary utilities. 4.11.6 Sanitary Facilities. Where required by the work site, Contractor shall provide and maintain daily adequate sanitary facilities for the use by the Contractor's labor force. 4.11.7 Fire Protection. All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the Contractor. Contractor shall provide portable.fire extinguishers, properly labeled, located and compatible with the hazard of each work area and shall instruct personnel in their use. 4.11.8 Illumination. When required, Contractor shall, at its expense, provide artificial light . sufficient to permit work to be carried on satisfactorily and safely. 4.11.9 Dust Control. Contractor shall, at its expense, take measures to minimize the amount of dust created by construction activities. For.street, utility and other horizontal construction, this requirement applies to all excavations, roads, plant sites, borrow areas and all other work areas. Code- required or industry-accepted methods of dust control suitable for the area involved and approved by Owner will be permitted. 4.11.10 Noise Control. The Contractor shall make every effort to minimize noises caused by Contractor's operations. Equipment shall be equipped with silencers or mufflers designed to operate with the least possible noise in compliance with Federal, State and local laws and regulations. 4.11.11 Pollution Control. Contractor shall, at its expense, perform its Work so as not to discharge from any source into the atmosphere, or any body of water, or the ground or groundwater, any source, smoke, dust or other contaminants in violation of the federal, state, and local pollution laws, rules, regulations and orders (collectively, the "discharge law"). Contractor shall, at its expense, provide 16 FORM GENCON 100914 10/23/2014 09:25:30 AM suitable facilities to prevent any such discharges. In the event of a discharge which results in contamination of the site or adjacent properties, Contractor shall immediately notify Owner and the appropriate governmental authority and shall take whatever action is necessary, required by discharge law or desirable to remediate the contamination at Contractor's sole expense. Contractor shall pay all fines, penalties and damages resulting from any such discharges. Contractor shall indemnify and hold harmless Owner from any expense, fine, penalty, obligation, action, or liability resulting from such discharge and remedial actions. 4.11.12 Existing Utilities and Substructures. For street, utility and other horizontal construction, Contractor shall be responsible for locating existing utilities and facilities prior to commencement of work. Contractor shall contact all utility companies and call SUNSHINE at (800) 432-4770 at least 48 hours prior to commencement of construction work, so utilities can locate and protect facilities, if required by the utility company. 4.11.13 Florida Lumber. Whenever available, Contractor shall use lumber, timber and other forest products produced and manufactured in Florida provided the price, fitness and quality of such products are equal to substitute products. (F.S. 255.20(3)). 4.11.14 Cutting and Patching. Contractor is responsible for all cutting, drilling, patching, fastening or anchoring of all new and existing construction required to complete the Work. Contractor shall not damage any portion of the Work or existing construction or work of other contractors except with the written consent of Owner and any separate contractor. Contractor shall restore all area to the conditions existing prior to the cutting, drilling, patching, fastening or anchoring, unless otherwise required by the Contract Documents. 4.11.15 Cleaning Up. Upon completion of any portion of the Work, Contractor shall remove at its own expense from Owner's property all temporary structures, equipment and.surplus materials not required for later stages of work, rubbish, and waste materials resulting from its operations. Contractor shall clean the site and shall remove stains, spills and other foreign deposits. Contractor shall not burn waste materials at the site, shall not bury debris or excess materials and 'shall not discharge volatile or other harmful or dangerous materials into the environment. Contractor shall remove temporary protection devices unless otherwise directed by Owner. For street, utility or other horizontal construction, Contractor shall sweep paved areas and rake clean landscaped areas. Any costs incurred by Owner as a result of Contractor's failure to clean up shall be deducted from the contract price. 4.11.16 .Debris Disposal. All debris shall be legally disposed of at licensed disposal site(s). Contractor shall make its own arrangements, at its own cost, for the lawful disposal of rubbish and waste materials. If requested by Owner, Contractor shall provide evidence of proper disposal. 4.11.17 Salvage. Owner reserves the right to retain any surplus or salvage materials. Contractor shall store or re-locate any materials to be retained by Owner as directed by Owner. 4.11.18 Water Catchment Area. The City is the owner of the Water Catchment Area located in Palm Beach County, Florida (the "Water Catchment Area"). The Water Catchment Area serves as a natural surface water supply source for the City of West Palm Beach and has been designated as a Class I potable water supply pursuant to the Special Laws of the Florida Legislature, Ch. 67-2169,as amended, and is protected by State and Federal laws. Grassy Waters Preserve and the M-Canal are part of the .City's Water Catchment Area. If the work site is within the Water Catchment Area, Contractor's work an activities in the Water Catchment Area shall in no way be inconsistent with the Special Act or the laws and regulations governing water supply sources. 4.12 PROTECTION OF THE WORK AND PROPERTY. 4.12.1 The Contractor shall be solely responsible for initiating and continuously maintaining adequate protection of all work from damage, loss, theft or damage from whatever cause, and shall take all reasonable precautions to protect the property of the Owner and third parties from damage, theft, 17 FORM GENCON 100914 10/23/2014 09:25:30 AM injury or loss.arising in connection with this Contract. Contractor shall comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and regulations with respect to prevention of damage. 4.12.2 Contractor shall prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these reports to Owner within three (3)calendar days of each incident. 4.12.3 For street, utility and other horizontal construction, Contractor shall preserve and protect all cultivated and planted areas and vegetation such as trees, plants, shrubs and grass on or adjacent to the site, which, as determined by Owner, do not reasonably interfere with the performance of the Work. Contractor shall be responsible for damage to any such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all adjacent property in as good condition as it was prior to beginning of the Contract. Where practical, Contractor shall erect a temporary fence around the work site. 4.12.4 For street, utility and other horizontal construction, existing utilities and facilities shall be located prior to commencement of Work. Contractor shall video tape the existing surface conditions of the Work site and adjacent areas before commencing Work, after each discrete portion of the Work and when project is complete. Contractor shall submit two (2) copies of the video tape to the Engineer/Architect prior to submittal for final payment. 4.12.5. Risk of Loss. Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner,the Contractor shall have full and complete charge and shall bear all risk of loss of, and injury or damage to,the Work performed under this Contract, or any portion thereof, including materials and equipment, and Owner-furnished supplies and equipment, from any cause whatsoever. Contractor shall rebuild, repair, restore and make good any damages, injury, or loss to the work and to the property of the Owner or third parties,-except such as may be directly due to errors in the Contract Documents which the Contractor could not have discovered through due diligence, or caused by agents or employees of the Owner, unless such loss or damage would be covered by any policy of insurance maintained by the Contractor. All costs in connection with any repairs or restoration necessary or required as a result of damage shall be borne by Contractor. 4.1.3 CONCEALED OR UNKNOWN CONDITIONS. 4.13.1 If Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents, or(2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents,or(3)are not observable prior to bidding or inferable by the type of construction, the Contractor shall promptly provide written notice to the Owner and Engineer/Architect before conditions are disturbed, and in no event more than three (3) calendar days after first observance of the conditions. The Engineer/Architect will promptly investigate such conditions and, if the Engineer/Architect determines that the conditions are a material difference which will cause an increase or decrease in the Contractor's costs or time required for performance of the Work, will recommend an equitable adjustment in the contract price or contract time, or both. Any such recommended adjustment must be approved by Owner through issuance of a Change Order to be effective. If the Engineer/Architect determines that the conditions do not materially differ from those indicated in the Contract Documents, or that no equitable adjustment is justified, the Engineer/Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Engineer/Architect's determination or recommendation, that party may proceed to mediation as provided in GC 17.7; however, the parties shall mutually agree on an independent third party professional engineer to serve as mediator. 4.13.2 Contractor shall not be entitled to any adjustment in the contract price or contract time if Contractor knew of the existence of such conditions at the time of submission of a bid or becoming bound under the Contract; or the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation or test of the site by Contractor, as indicated in the l8 FORM GENCON 100914 10/23/2014 09.25.30 AM Contract Documents, prior to making such commitment; or Contractor failed to give written notice as provided in GC 17.1. 4.13.3 If, in the course of the Work, Contractor encounters human remains or recognizes the existence of burial markers or archaeological sites not indicated in the Contract Documents, the Contractor shall immediately suspend any Work that would affect the remains or sites and shall notify the Owner and Engineer/Architect. The Owner shall take any action necessary to obtain the authorization required to resume Work. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner, but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the contract price or contract schedule arising from the existence of such remains or features may be made as provided in GC 8.2. 4.14 SAFETY 4.14.1 Commencing on the date of the Notice to Proceed and continuing until final acceptance of the Work by the Owner, Contractor shall take all necessary precautions for the protection of all persons involved in the Work, the public, and all employees or representatives of Owner. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor will provide to each worker on the job site the proper safety equipment for the duties being performed by the worker and will not permit any worker on the job site who fails or refuses to .use the safety equipment. All work and all equipment, machinery, materials and tools shall be in compliance with and conform to all applicable laws, ordinance,rules and regulations. 4.14.2 For Work impacting streets and public rights-of-way, Contractor shall provide and maintain flagmen, traffic control devices, barricades, signs and variable message boards on a full time basis, where and when needed, to facilitate the movement of traffic along and around the project Work. All MOT plans-shall be reviewed and approved by Owner. 4.14.3 If Owner or Engineer/Architect observe an unsafe or hazardous condition at the Work site, such.hazard or safety condition shall be brought to the Contractor's attention. Contractor shall stop Work until such hazard or safety condition is remedied by Contractor. 4.14.4 Hurricane Plan. If any Work is to be performed during hurricane season, Contractor shall provide Owner with Contractor's hurricane plan prior to the commencement of any Work. The hurricane plan shall describe the actions to be taken to secure the work site(s) in the event a named tropical storm or hurricane is predicted to affect the project work area. Contractor shall abide by Owner's requirements, Required Storm Preparation Process,found at www.citVofwpb.org/engineering/. 4.14.5 Explosives and Hazardous Materials. Contractor shall obtain all required federal, state and local permits and licenses and shall be responsible for the safe and proper handling, transportation, storage and use of any explosive or hazardous material brought onto or encountered within the site. The Contractor will notify the Owner immediately if explosive or hazardous materials are encountered on the site. Contractor shall maintain and post as necessary, Material Hazard Data Sheets for all applicable hazardous materials used in the course of the Work. In the event that hazardous material is improperly handled or stored by the Contractor or its sub-contractors, which results in contamination of the site, Contractor shall immediately notify the Owner and the appropriate governmental authority and shall take whatever action is necessary, required by law, regulation or order, or desirable to remediate the contamination at the Contractor's sole cost and expense. Contractor shall indemnify and hold harmless the Owner from any expense, fine, penalty or obligation, action or liability resulting from such contamination and remedial actions. 4.15 PROGRESS; REPORTING 4.15.1 Weekly Reporting: Copies of all daily reports prepared by the Contractor and his subcontractors shall be submitted to the Owner on a weekly basis for the preceding seven (7) calendar days. 19 FORM GENCON 100914 10/23/2014 09.25.30 AM 4.15.2 'Bi-Weekly Reporting: Contractor shall be required to submit to Owner, on a bi-weekly basis, two (2) copies of 8 1/2"x 11" color photographs indicating the progress of the Work over the preceding fourteen(14)days and identifying the dates that the Work shown was performed. 4.15.3 Progress Meetings. The Contractor shall, at its expense, attend any and all meetings called by the Owner to discuss the Work under the Contract. The Owner, or its Engineer/Architect, will distribute typed minutes of each meeting to all attendees. Failure of Contractor to promptly object to the typed minutes shall constitute Contractor's agreement with the content of the typed minutes. 4.15.4 .If at anytime Contractor's actual progress is inadequate to meet the completion time requirements of the Contract and this lack of progress is the sole fault of the Contractor, Owner may so notify Contractor who shall thereupon, at its expense,take such steps as may be necessary to improve its progress to meet the approved schedule. If within a reasonable period as determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence as will assure completion with the times scheduled and Contractor fails to take reasonable actions to timely cure, Owner may declare a default of-the Contract. 4.16 SHOP DRAWINGS, SAMPLES AND SUBMITTALS 4.16.1 Contractor shall prepare and keep current for Engineer/Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Engineer/Architect reasonable time to review submittals. 4.16.2 Contractor shall approve and submit-to the Engineer/Architect those shop drawings, product data, samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of separate contractors. Contractor shall perform no portion of the Worts for which shop drawings,_product data, samples or other submittals are required by the Contract Documents until such submittal has been reviewed and approved by Engineer/Architect. 4.16.3 Contractor represents by submitting the shop drawings, product data, samples and similar submittals that Contractor has reviewed them for conformance to the Contract Documents, and verified the materials, measurements and field criteria related thereto. 4.16.4 Contractor shall not be relieved of.responsibility for conformance to the Contract Documents by Engineer/Architect's approval of show drawings, product data, samples or similar submittal, unless Contractor has specifically informed Engineer/Architect of such variance or deviation at the time of submittal and either: (i) the Engineer/Architect has given written approval of'the specific deviation as a minor change in the Worts; or (ii) a Change Order or Constructive Change Directive authorizing the deviation has been issued. Engineer/Architect's approval does not relieve Contractor of responsibility for errors or omissions in shop drawings, product data, samples or similar submittals. 4.16.5 Contractor shall make any corrections to the submittal required by Engineer/Architect and shall resubmit revised submittals for review. Contractor shall direct specific attention, in writing, to any revisions other than the corrections called for by Engineer/Architect on previous submittals. In the absence of such written notice, Engineer/Architect's approval does not apply to such unidentified revisions. GC 5 INSPECTION &TESTING 5.1 INSPECTION. 5.1.1 Access for Inspection. Owner, Engineer/Architect and their representatives shall at all times have access to the Work whenever it is in preparation or progress. Contractor shall give the Engineer/Architect timely notice of its readiness for inspection when the Contract Documents or 20 FORM GENCON 100914 10/23/2014 09:25:30 AM applicable laws, ordinances, or any public regulatory entity require any Work to be inspected by the Engineer/Architect. 5.1.2 Regulatory Inspection by City. Should Contractor require inspection by City staff, in its regulatory capacity, on days the City is closed for regular business or after 3:30 pm on regular work days, Contractor shall be required to reimburse the City for staff overtime or additional costs. 5.2 TESTING. 5.2.1 If the Contract Documents or applicable laws, ordinances, or any public regulatory entity require any Work to be specially tested or approved, Contractor shall make arrangements for such tests or inspections with an independent testing laboratory or entity acceptable to Owner and shall give the Engineer/Architect timely notice of the date fixed for such testing. Contractor shall be responsible for all costs of testing, inspections and approvals. Tests and inspections shall be made promptly to avoid delays in the Work. 5.2.2 Unless otherwise provided in the Contract Documents, shop testing of material, equipment or Work shall be performed by Contractor at its expense and in accordance with the technical specifications. Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation necessary .to permit tests to be performed on materials or work in place, including reasonable stoppage of Work during testing. 5.2.3 If any Work should be covered up prior to any required inspection or test by Owner or :Engineer/Architect, it must be uncovered for inspection and properly restored at Contractor's expense. If any Work not required to be inspected or tested is covered up and .Engineer/Architect specifically requests to inspect such Work, Contractor shall uncover such Work. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work:shall be at Owner's expense, by appropriate Change Order. If such Work is not in accordance with the Contract Documents, the costs of uncovering and correction shall be at Contractor's expense. 5.2.4 Should tests in addition to those required by the Contract Documents be desired by Owner, Contractor will be advised in reasonable time to permit such additional testing at Owner's -expense, unless additional tests are required due to Contractor's Work or materials having failed any initial test. 5.3. If inspection or testing reveal failure of portions of the Work to comply with the Contract Documents or applicable laws, all costs as a result of such failure, including those of repeated testings and compensation for Engineer/Architect's services and expenses shall be at Contractor's expense. 5.4 Required certificates of testing, inspection or approval shall be secured by Contractor and delivered promptly to Engineer/Architect, unless otherwise provided by the Contract Documents. GC 6 CORRECTION OF WORK 6.1 DEFECTIVE MATERIAL; EQUIPMENT OR WORKMANSHIP. If any material, equipment or workmanship is determined by Owner or Architect/Engineer, either during performance of the Work, during final inspection or during the warranty period, to be defective or not in compliance with the Contract Documents, Owner shall notify Contractor in writing that,such material, equipment or Work is rejected and Owner reserves the right to withhold payment on any such item. Contractor shall commence correction of the Work within seven (7) calendar days of written notice by Owner. Contractor shall, at its own expense, immediately remove and replace or correct such defective material, equipment or Work by making the same strictly comply with all requirements of the Contract Documents. All costs of correcting such rejected Work, including additional testing and inspections, uncovering and replacing, and compensation for Engineer/Architect's services and expenses, material, equipment, clean up, debris removal, and safety precautions, shall be at Contractor's expense. If correction of the Work requires '21 FORM GENCON 100914 10/23/2014 09.25.30 AM damaging work completed by other contractors, Contractor shall be responsible for the costs to replace such work. 6.2 WARRANTY. Contractor further agrees to correct all Work found by Owner to be defective or not in conformance with the Contract Documents for a period of one year from the final certificate of occupancy for the project (or if no certificate of occupancy to be issued, within one year of substantial completion) or for such longer periods of time as may be set forth with respect to specific warranties contained in the specifications. Owner or Engineer/Architect shall provide Contractor with written notice of non-conformance. If Contractor fails to correct non-conforming Work within a reasonable time after receipt of notice, the Owner may correct the Work. 6.3 ACCEPTANCE OF NON-CONFORMING WORK. If Owner deems it inexpedient to correct Work that has been damaged or that was not performed in accordance with the Contract Documents, Owner may accept such non-confirming work and an equitable deduction from the contract price shall be made for such work. Contractor shall warrant the accepted but non-conforming work in accordance with GC 6.2. 6.4 The Contract Documents and the obligation of Contractor to perform corrective Work survive final completion of the Work and final payment. 6.5 OWNER'S -RIGHT TO CORRECT OR COMPLETE WORK. If Contractor should neglect to prosecute the Work diligently in accordance with the Contract Documents, or fail to correct defective or nonconforming Work, orfail to perform any provisions of the Contract Documents, Owner may, after ten (10) calendar days written notice to Contractor and opportunity to cure,make good these deficiencies and may deduct the cost thereof from payment due Contractor. A deductive Change Order shall be issued for the Owner's reasonable costs of correcting or completing the Work, including Owner's expenses and compensation for Engineer/Architect's services and expenses. The Change Order amount shall be subject to review and approval by Engineer/Architect. If payments due to Contractor are not sufficient to cover the Change Order, Contractor shall pay the difference to Owner. Owner's correction of the Work and acceptance of a deductive Change Order shall be without prejudice to any.other remedies Owner may have. GC 7 WORK"BY OTHERS AT SITE 7.1 Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contract in connection with other portion of the Project or. other construction or operations on the site. 7.2 Where the Owner is utilizing its own forces or multiple contracts for the Project, Contractor.shall provide reasonable advance notice to Owner and other contractors regarding the Project Schedule and the portions for work to be performed by them. Contractor shall coordinate its construction and operations with Owners and other contractors performing work on the Project. 7.3 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Engineer/Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractors completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. 7.4 Contractor shall reimburse the Owner for costs incurred by Owner payable t a separate contractor because of Contractor's delays, improperly timed activities, damage to the other contractor's work or defective construction. Owner shall be responsible to Contractor for costs incurred by Contractor because of a separate contractor's delays improperly timed activities, damage to Work or defective construction. 22 FORM GENCON 100914 10/23/2014 09:25:30 AM 7.5 If a dispute arises among Contractor and other contractors on site as to the responsibility to maintain the premises, correct work, clean up or take any other action, Owner may take the necessary action and Engineer/Architect will assess the costs to those deemed responsible by Engineer/Architect. GC 8 CHANGES IN THE WORK 8.1 Owner, without invalidating the Contract Documents may order written additions to or deductions from the Work,the contract price being adjusted accordingly. 8.2 REQUEST FOR CHANGE ORDER. If Contractor believes that a variation or change justifies a modification in the contract price, Contractor may submit a request for Change Order at its expense. If a request for Change Order is made, Contractor is not authorized to vary the Work unless a written Change Order is executed by Owner or written Construction Change Directive is issued by the Engineer/Architect and executed by Owner. No Change Order shall be valid unless executed by the authorized signatory of Owner. 8.3 NOTICE TO ENGINEER/ARCHITECT. Contractor shall notify the Engineer/Architect in writing within seven (7) calendar days of any occurrence which, in the opinion of Contractor, entitles it to claim an adjustment of the Contract price or a time extension, absent which notice, Contractor shall have waived such claim. The:Engineer/Architect will provide a response to Contractor and Owner with respect to a request for change order within a reasonable amount of time after receipt of Contractor's notice and all necessary backup information required by-Engineer/Architect to formulate a response. 8.4 The Engineer/Architect shall not be authorized to bind Owner to change in contract .price or contract time. 8.5 CHANGE ORDER. 8.5.1 Execution of any change order by the parties shall constitute a final settlement and release by Contractor of all matters relating to the claim or change in the Work which is the subject of the change order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the contract price and the contract time. 8.5.2 Any change order approved due to price change in materials shall not include a premium, profit or any other additional cost. 8.5.3 A bond rider from the surety shall be submitted to the Owner with each change order that increases the contract price. 8.5.4 The number of change orders to the Contract submitted by Contractor may be considered by Owner in considering other subsequent bids submitted by Contractor. Excessive change orders may also result in suspension from the Owner's future procurements. The determination of excessiveness shall be made solely by Owner considering the scope of work, schedule of bid items, contract price, unforeseen circumstances, and reasons for any change orders. 8.6 CONSTRUCTIVE CHANGE DIRECTIVE. If a change order is not yet approved or cannot be agreed upon, Contractor is authorized,upon issuance of a written construction change directive (CDD) prepared by the Engineer/Architect and approved by Owner, to proceed with such change. If a construction change directive provides for an adjustment to the contract price, the adjustment shall be calculated as follows: - Unit-prices as stated in the Contract Documents - Labor at the prevailing hourly basic rates plus applicable multipliers for overtime, weekend and holidays, plus applicable taxes. Mark up on labor is not permitted. Labor shall not include supervision above the project manager. 23 FORM GENCON 100914 10/23/2014 09:25:30 AM - Net actual costs of materials including sales tax. - Rental costs of machinery and equipment, excepting hand tools, including fuel. - Reasonable overhead and profit, not exceeding fifteen percent (15%) inclusive of bond rider, permits, insurance, overhead and profit, supervision and general conditions. Or by mutual acceptance of a lump sum properly itemized and supported; Upon approval by Engineer/Architect and Owner as to any adjustments to the contract price and/or contract time for changes performed under a CDD, such approval shall be recorded by the preparation of a Change Order. Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to.a Change Order. Each CDD shall have a separate change order. 8.7 Commencing Work without a written change order or Construction Change Directive executed by Owner in advance of commencement of work waives any claim by Contractor to an adiustment to the contract price and the contract time. 8.8 MINOR CHANGES IN WORK. Engineer/Architect shall have the authority to order minor changes in the Work, by written direction to Contractor, which do not involve adjustment to the contract price or contract time and which are not inconsistent with the intent of the Contract Documents. A subsequent Change Order shall be executed. 8.9 OWNER'S RIGHT. The Owner reserves the right to perform the requested changes in the Work with its own forces, or to contract with others to perform the changes. GC 9 COMPLETION 9.1 REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION. When Contractor considers the Work to be substantially complete, Contractor will submit to Engineer/Architect, the following items which shall be completed as a condition precedent to Substantial Completion and prior to notice by Contractor of Substantial Completion: A. All general construction completed and the project components shall be clean and all systems fully functional. B. All mechanical and electrical work substantially complete, fixtures in place, connected, cleaned, fully functional and ready for use. C. All electrical circuits shall be scheduled in panels and all panels and disconnect switches properly labeled. D. Project site shall be cleared of Contractor's excess equipment and/or supplies and material. E. Record drawings and specifications meeting the Owner's requirements shall be delivered to Engineer/Architect. The above are also conditions for Final Completion. 9.2 NOTICE. Contractor shall notice Owner and Engineer/Architect when Contractor considers the Work, or a portion thereof which Owner agrees to accept separately, is substantially complete and shall request an inspection. 9.3 SUBSTANTIAL COMPLETION. 9.3.1 If after inspection, the Engineer/Architect finds that the Work is substantially complete, Engineer/Architect shall issue to Owner and Contractor a Certificate of Substantial Completion that shall establish the date of Substantial Completion. 24 FORM GENCON 100914 10/23/2014 09:25:30 AM IC 9.3.2 If Substantial Completion is not obtained at the inspection called by Contractor, for reasons which are the fault of Contractor, any additional cost to Owner for the Engineer/Architect for any subsequent inspections for the purpose of determining Substantial Completion shall be the responsibility and expense of Contractor and shall be assessed against the final payment application. 9.4 INSPECTION AND PUNCH LIST. Within three (3) calendar days of Substantial Completion as determined by Engineer/Architect and Owner, a walkthrough with Contractor shall be scheduled. i. The purpose of this walkthrough is to develop a joint final punch list of items necessary to complete the Work. ii. Said punch list shall be prepared, signed by Engineer/Architect and Owner and delivered to Contractor not later than three (3) calendar days after the walkthrough. Engineer/Architect and Owner shall separately list each item of the punch list required for Final Completion. iii. Any dispute over punch list items shall be mediated between Owner and Contractor with Engineer/Architect acting as mediator to develop an agreed punch list signed by Owner, Contractor and Engineer/Architect no later than nine (9) days from the date of the walkthrough. iv. Agreed punch list items shall be corrected and a final inspection requested by Contractor within thirty (30) days from delivery of the agreed punch list, unless a greater time is provided in the contract. All agreed punch list items shall be corrected by Contractor prior to any request for final inspection and acceptance. If the Contract provides for a multkphased or multi-structure project, a punch list may be developed for each phase or structure. V. In no event may the Contractor request payment of final retainage_under Florida Statutes §218.735(7)(e)until the Contractor considers the final punch list to be 100%complete. vi. Contractor acknowledges and agrees that no item contained on the final punch list shall be considered a warranty item until such time as (a) the final punch list is 100% complete, and (b) Owner has been able to operate or utilize the affected punch list item for an additional period of fifteen (15)calendar days. Vii. Contractor acknowledges and agrees that Engineer/Architect as representative of Owner 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 Engineer/Architect generated lists prior to Substantial Completion is to attempt to streamline the punch list process upon achieving Substantial Completion, and to allow for the Contractor to address needed areas of corrective work as they may be observed by Engineer/Architect during performance of the Work. viii. Contractor acknowledges and agrees that in calculating 150% of the amount which may be withheld by Owner as to any final punch list item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(e), Owner 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 punch list 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 punch list completion. 25 FORM GENCON 100914 10/23/2014 09:25:30 AM ix. The failure to include any Work or pending items not yet completed on the punch list does not alter the responsibility of the Contractor to complete all the construction services and Work purchased under the Contract. 9.5. PUNCH LIST RETAINAGE. Following delivery of the punch list, Contractor shall list the estimated cost of completing each item each item of the punch list required for final completion, and submit the list of estimated costs to Owner for Owner's review and determination. Owner may retain a sum equal to 150% of the estimated cost of correcting and completing the unfinished punch list items, as determined by the Owner. Upon completion,of all items on the punch list, Contractor may submit a payment request for all remaining retainage. If a good faith dispute, as determined by Owner, exists as to whether one or more items identified on the punch list have been completed pursuant to the Contract, Owner may continue to withhold up to 150% of the total costs to complete such items(s), as determined by Owner. 9.6 REQUIREMENTS PRIOR TO FINAL INSPECTION. The following items shall be completed as a condition precedent to a request by Contractor for final inspection: 1. Completion of all punch list items recorded from the Substantial Completion inspection. 2. Submittal of any items condition precedent to Substantial Completion that had not previously been submitted. 3. Issuance of all permits and. certificates, test certificates, inspections, certificates of occupancy and other approvals and releases by governing authorities required for Owner's occupancy and use of the project. 4. All sets of operation and maintenance manuals and service agreements for all equipment shall have been submitted to Owner, as referenced in the technical specifications. 5. Manufacturers' certifications and warranties and any special guarantees or maintenance agreements shall be delivered to Owner. 6. A complete set of "RECORD" or "AS BUILT" drawings, meeting Owner's requirements. Contractor shall sign each final record drawing and note thereon that the final as-builts are complete and accurate. 7. A complete set of marked-up specifications with "RECORD'or"AS-BUILT" clearly printed on the cover. Contractor shall.accurately and neatly transfer all deviations from project specifications to final as-builts. 8. A complete set of final shop drawings. 9. For street, utility and other horizontal construction,two copies of the video tape of surface conditions. 10. A signed and notarized affidavit indicating that no asbestos containing materials were used or installed during the course of the Work. 11. A list of each piece of equipment incorporated into the Work having an individual value of $500 or greater. The list shall include, at a minimum, manufacturer, make and model number, catalog number, supplier, quantity installed, and value of equipment. 12. All required spare parts, as well as any special devices and tools and extra stock of materials shall be delivered to Owner. 13. Extra stock of materials or other items paid for by Owner. 14. A deductive change order for any uncommitted contingency or allowance funds has been prepared and submitted in draft. 15. All keys and blanks shall have been provided to Owner. 9.7 FINAL INSPECTION. Contractor shall certify to the Owner and Engineer/Architect in writing that all punch list items have been completed, all requirements for Substantial and Final Completion have been met, and the Work is ready for final inspection. The Engineer/Architect will schedule such inspection with Owner and Contractor. When Engineer finds the Work acceptable under the Contract Documents, completed and all requirements fully performed, Engineer/Architect shall issue a Final Certification to Owner. Should the Engineer consider that the Work is incomplete or defective, the Engineer/Architect will promptly notify the Contractor in writing, listing the incomplete or defective work. The Contractor will take immediate steps to remedy the stated deficiencies and send a second written certification to the Engineer/Architect when the Work is complete. The Engineer/Architect will re-inspect 26 FORM GENCON 100914 10/23/2014 09:25:30 AM the Work. Should the Engineer/Architect be required to perform re-inspections due to the failure of the Work to meet Contract requirements, the Owner may deduct the additional costs to'Owner from the Contractor's final payment. 9.8 OWNER'S RIGHTS. In the event incomplete, incorrect or defective work is not completed to the Owner's satisfaction within twenty (20) calendar days of the Engineer/Architect's notice to Contractor that the Work is not acceptable, Owner may, after ten (10) calendar days written notice to Contractor and opportunity to cure, make good the deficiencies and may deduct the cost thereof from final payment due Contractor. If payments due to Contractor are not sufficient to cover the costs, Contractor shall pay the difference to Owner. Owner's correction of the Work shall be without prejudice to any other remedies Owner may have. 9.9 FINAL AS BUILT DOCUMENTS. Prior to final inspection, Contractor shall provide Owner with "Record" or "as-built" drawings, specifications and documents which comply and Owner's Final Record Drawing Requirements found at www.citvofwpb.org/engineering/. 9.10 USE OF COMPLETED PORTIONS. Owner shall have the right to take possession of and use any substantially completed portions of the Work. Such use by Owner shall not be construed as constituting final acceptance, and shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by Owner of any Contract Documents provisions; provided that Contractor shall not be liable for any repair or maintenance required due to ordinary wear and tear resulting from such use. However, if, in the opinion of Engineer/Architect, such use increases the cost or delays the completion of remaining portions of Work, Contractor shall be entitled to an equitable adjustment under the Contract. GC 10 PAYMENT 10.1 SCHEDULE OF VALUES. Within ten (10) calendar days after the date of the Owner's issuance of a Notice to Proceed, Contractor shall submit for review and approval of Owner and Engineer/Architect, a schedule of values, by phases of work, to show a breakdown of the contract price for the various portions of the Work and corresponding to the payment request breakdown and progress schedule line items. The schedule of values must also show dollar value for each unit of work scheduled. Any Change Orders shall be added as separate line items. This schedule, unless objected to by Engineer/Architect, shall be the basis for reviewing Contractor's applications for payment. 10.2 TAXES. Contractor shall pay all taxes, duties and assessments imposed by law and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall pay all sales taxes. The Contract price shall include all taxes. 10.3 PAYMENT WHERE PERFORMANCE AND PAYMENT BONDS REQUIRED: If the Contract requires Contractor to provide Performance and Payment Bonds, or a Public Construction Bond, no payment shall be made by Owner to Contractor until Contractor has provided Owner with a certified copy of the Performance and Payment Bonds,,or a Public Construction Bond evidencing that said bond(s) have been recorded with the Clerk of the Courts in the public records of Palm Beach County. 10.4 PAYMENT REQUESTS. Payment requests shall be submitted on AIA Application for Payment forms and shall be signed and notarized by Contractor. Each payment request shall include the following information: 1. Bid Number 2. Contract Number 3. Project Number 4. Project Name 5. Owner's representative/project manager 6. Detailed estimate and payment request on a standard AIA form, covering the percentage of the total amount of the work which has been completed from the 27 FORM GENCON 100914 10/23/2014 09:25:30 AM start of the job up to and including the last day of the preceding month, together with quantity and unit prices of materials and equipment utilized. 7. The unit cost of such materials and equipment required in the permanent work as has been delivered to the site and suitably protected but not as yet incorporated in the work. 8. Consent of Surety 9. Verification that certified copy(s) of recorded performance/payment bonds provided to Owner If no bonds are required: i) Partial Release of Lien from Contractor ii) Partial Releases of Lien from each sub-contractor on the payment request 10. Subcontractor Utilization Report. 11. Release from private property owner if Contractor utilized private property for storage or staging. 12. Such other supporting evidence as may be, required by Owner and/or the Engineer/Architect to support Contractor's payment application; 10.5 INITIAL PAYMENT. Prior to submittal of its initial payment request, Contractor shall have submitted the following items to the Engineer/Architect and Owner: 1. Certified copies of the Performance and Payment bonds, or Public Construction bond, recorded in the public records. 2. List of.subcontractors and suppliers 3. Project schedule 4. Schedule of values 5. All current certificates of insurance 6. Designation of Contractor's Project Manager The initial payment request will not be accepted unless all of the above items have been received by Engineer/Architect and Owner. 10.6 PROGRESS PAYMENTS. All payment requests are required to be submitted in draft form, at least ten (10) calendar days in advance and not more than once each month, via email to the Owner and Engineer/Architect or Owner's agent identified in the Contract or by other written notice. If no payment bond is recorded, original partial releases of lien from Contractor and all subcontractors included in payment request shall accompany the payment request. If payment bond is recorded, partial consent of surety for payment shall accompany the payment request. After review and approval of the draft, Contractor shall prepare and submit,an original payment request, in duplicate: one set to the Owner's agent/Engineer/Architect and one set to City of West Palm Beach— Accounts Payable, PO Box 3366,West Palm Beach, FL 33402-3366. The Owner will not be responsible for any delay in payment by the City if Contractor submits his estimate and invoice to any other address. Payment will be made in accordance with the Local Government Prompt Payment Act. (F.S. 218.70). 10.7 DECISION TO WITHHOLD CERTIFICATION OF PAYMENT REQUESTS. 10.7.1 Engineer/Architect may withhold payment requests, in whole or in part, to the extent reasonably necessary to protect the Owner. If the Engineer/Architect is unable to certify payment in the amount of the application, the Engineer/Architect or Owner shall within twenty (20) calendar days advise Contractor of the reasons for withholding certification, in whole or in part, and the actions necessary to make the payment request proper. The Engineer/Architect will promptly certify payment of the amount which the Engineer/Architect can certify. 28 FORM GENCON 100914 10/23/2014 09.25.30 AM 10.7.2 If Contractor takes action to make the rejected payment request proper and re-submits for approval of the whole or portion previously rejected, Engineer/Architect and Owner shall reject or accept the payment within ten (10) calendar days. 10.7.3 The Engineer/Architect may nullify, in whole or in part, any payment application previously certified to such extent as may be necessary, in the Engineer/Architect's opinion, to protect the Owner for loss for which the Contractor is responsible, including: - Defective work not remedied; - Failure of Contractor to make payments to subcontractors; - Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract price; - Damage to the Owner or a separate contractor; - Reasonable evidence that Owner will have a claim for liquidated damages and the unpaid balance of the contract price will not be adequate to cover liquidated damages or other amounts due to Owner from Contractor; Repeated failures to carry out the Work in accordance with the Contract Documents. When-the reasons for withholding certification are removed, certification will be made for amounts previously withheld. 10.8 RETAINAGE. 10.8.1 In accordance with the Local Government Prompt Payment Act, until the project is determined to have reached fifty percent completion, Owner shall withhold retainage of ten percent(10%) from each progress payment paid to Contractor based on Contractor's estimate and invoice as approved -by the Engineer/Architect. 10.8.2 Upon 50% completion of the project the retainage withheld from each subsequent progress payment will be reduced to five percent (5%) as provided for by Florida Statute §218.735(8)(b). "Fifty percent completion" of the Work is defined as that point in time where 50% of the overall value of Work items incorporated and which will remain in place subsequent to final completion of the Work have been completed, based upon the schedule of values contained in the Contract. As such, and by way of example, the value of Contractors mobilization, general conditions, supervision or like items which do not involve permanent incorporation of Work do not apply to the determination of fifty percent completion of the Work for purposes of establishing entitlement to a reduction of retainage. It is agreed that the Engineer/Architect shall have the right to finally determine when fifty percent completion has been achieved. (F.S.255.078). 10.8.3 After the project is determined to have reached fifty percent completion, and unless otherwise prohibited by the terms of any federal grant funding the project in whole or in part: i) Owner shall withhold retainage of five percent (5%) from each progress payment paid to Contractor based on Contractor's estimate and invoice as approved by the Engineer/Architect; and ii) Contractor may present to Owner a payment request for up to half (50%) of the retainage previously held by Owner (50% of the 50% retainage already withheld— Not 50% of total retainage). If Owner has grounds under Florida law to continue to retain all or a portion of the requested retainage, Owner may continue to hold all retainage_ If the Work is not on schedule when request for payment of retainage is submitted, Owner may continue to hold all retainage. 10.9 PAYMENT TO SUBCONTRACTORS. Contractor shall pay its subcontractors within ten (10) calendar days of receipt of payment from Owner and shall, not withhold payments to sub-contractors. Should this occur for any reason, Contractor shall immediately return such monies to Owner, adjusting pay requests and project bookkeeping as required. 10.10 FINAL PAYMENT. Upon completion of all requirements for substantial completion and final completion, issuance of a Final Certification by Engineer/Architect, compliance with all project closeout requirements and submittal of all of the following items, Contractor may submit its final payment request. The final payment request shall include the following items: 29 FORM GENCON 100914 10123/2014 09.25.30 AM 1. Final Certification by Engineer/Architect 2. Certified copy of punch list stating each item has been completed or otherwise resolved and accepted. 3. Final Statement of Accounting reflecting: a. original contract price b. each approved Change Order (with quantity and unit prices where applicable) C. allowances, if applicable d. deductions for uncorrected work e. deductions for liquidated damages f. deductions for re-inspection costs g. deductions for re-testing costs due to failed tests h. other adjustments i. adjusted contract price j. payments made k. any pending payment requests I. sum remaining due to Contractor 4. Final Change Order, if applicable, reflecting approved adjustments to the Contract price not previously made by Change Order. 5. Consent of surety for final payment. 6. If no payment bond is recorded, Lienor's Affidavit from Contractor that all .payrolls, bills for material and equipment and other indebtedness connected with the Work have been paid or satisfied; 7. If no payment bond is recorded, original releases of lien from Contractor and all subcontractors 8_ Certificate of Insurance evidencing continuation of any liability coverage on claims made basis, which shall remain effective for five (5) years after-final payment. 9. Written -release of claims from any private property owner for use of private -property for storage or staging. 10. All pre-requisites for Substantial Completion and Final Completion have been met. The making and acceptance of the final payment shall constitute a waiver and release of all claims by Contractor, except those previously made in writing and still unsettled. If Contractor fails to submit all documents required for final payment within one year after Final Certification any amounts owed as final payment shall be forfeited. Owner shall provide written notice to Contractor at least sixty days prior to forfeiture. Forfeiture will not apply to documents that are the subject of existing claims or pending legal proceedings. 10.11 FINAL PAYMENT TO SUBCONTRACTORS. Final payment may be made to certain select sub- contractors whose work is satisfactorily completed prior to the total completion of the Project but only upon receipt of advance written consent of Surety, or applicable releases if no performance/payment bonds. 10.12 ALLOWANCES. Contractor shall include in the contract price all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct. 10.13 CONTINGENCY FUNDS. ALL CONTINGENCY SUMS ARE OWNER'S CONTINGENCY AND REMAIN THE PROPERTY OF OWNER UNTIL EXPENSE IS APPROVED. The contract price shall not include any contingency amounts. If the Contract or schedule of values includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the Owners' funds. Owner may approve use of contingency funds only for the purpose of defraying the expenses due to 30 FORM GENCON 100914 10/23/2014 09:25:30 AM unforeseen conditions, extra work, and circumstances relating to construction, unless otherwise agreed. Such contingency funds are not for use the by Contractor to cover short falls in Contractor's bid amount, and not for use by Owner to increase the scope of work. Contractor shall obtain prior written approval from Owner prior to the expenditure of contingency funds and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances prior to the release of such funds by Owner. All uncommitted contingency funds remain the funds of the Owner. 10.14 WITHHELD PAYMENTS. Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be necessary to protect Owner if: a. Defective work or material is not remedied. b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third parties against Contractor. C. Failure of Contractor to make payments to sub-contractors or for material or labor. d. Damage to another contractor. e. Contractor is in default of any Contract condition, including schedule. f. Contractor fails to submit information required by the Contract. g. Contractor consistently fails to perform work in accordance with the Contract Documents. h. Owner has reasonable doubt that Contract work can be completed within the schedule or for the balance of the Contract price which remains unpaid. i. Contractors insurance coverage lapsed. j. Owner has a right to claim liquidated damages. When the above grounds are removed or Contractor provides a Surety or Performance Bond satisfactory to Owner, which will protect Owner in the amount withheld, payment shall be made for amounts withheld because of them. 10.15 LOCAL GOVERNMENT PROMPT PAYMENT ACT. Payments shall be made in accordance with the provisions of the Local Government Prompt Payment Act, F.S. 218.70 et seq. Interest, if any, shall accrue as provided in said Act. GC 11 BONDS 11.1 PERFORMANCE& PAYMENT BONDS (if required) 11.1.3 Public Construction Bond. In accordance with the provisions of F.S. 255.05, or if required by the Contract Documents, Contractor shall provide, on forms furnished by Owner, a public construction bond in an amount not less than the total contract price by a surety company acceptable to Owner. The bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its bond: "The Surety expressly agrees to be bound by all terms and conditions related to liquidated, delay and time or impact-related damages. Surety shall be bound by the warranty or warranties contained in the contract documents and shall be responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the contract. The Surety waives all rights against Owner and its agents and employees for damages or other causes of loss by the Surety's performance of its obligations under this Bond, including claims by Surety against Owner for costs it asserts were not warranted by the contract documents, excluding only such rights as the Surety shall have to proceeds of such insurance held by Owner as fiduciary." 31 FORM GENCON 100914 10123/2014 09:25:30 AM The bond shall also cover payments to all claimants,as defined in Section 255.05(1), Fla. Stat., supplying+ - Contractor with labor, materials, or supplies, used directly or indirectly in the Work provided for in the Contract. ; 11.1.3 Performance & Payment Bonds. Owner may, in its sole discretion, accept a performance bond and a payment bond,which include the terms and provisions set forth in this condition, in lieu of the public construction bond. 11.1.4 Recording of Bond. Within ten days of receipt of the fully executed contract, Contractor shall record its bond(s) in the public records of Palm Beach County and provide a certified copy of the recorded bond to Owner. Owner will not process payment requests unless Owner has received certified copy of recorded bond(s). 11.2 SURETY. 11.2.1 To be acceptable to Owner, a Surety Company shall comply with the following provisions: (1) The surety company shall have a currently valid Certificate of Authority, issued by the State of Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida. (2) The surety company shall have a currently 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. (3) The surety company shall be in full compliance with the provisions of-the Florida Insurance Code. (4) The surety company shall have at least twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid/request for proposals is issued. (5) The surety company shall have at least the ratings of A-/Class V. (6) The surety company shall not expose itself to any loss on any one risk in an amount exceeding ten (10%) percent of its surplus to policyholders. 11.2.2 If at any time the Owner shall deem any of the sureties upon such bond(s) to be unsatisfactory, or if for any reason such bond shall cease to be adequate security for the Owner, Contractor shall, within five (5) days after notice from Owner, furnish a new or additional bond in full sum as shall be satisfactory to Owner. No payments shall be due nor made to Contractor unless and until such new or additional bond shall be furnished and approved. The premium for such new or additional bond shall be paid by Contractor. GC 12 LIENS AND RELEASES OF.LIENS. (if no recorded payment bond) 12.1. Where public construction bonds have not been recorded by the Contractor, neither the final payment nor any part of the retainage shall become due until Contractor shall deliver to Owner complete releases of all claims or liens arising out of the Contract Documents, or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge or information the release and receipts include all the labor and materials for which a lien or claim could be filed. Contractor shall use Owner's forms for all releases of liens. All releases are required to have original signatures. All values on lien releases shall be consistent with the subcontracts. 32 FORM GENCON 100914 10/23/2014 09.25.30 AM A 40L, 12.2. Contractor may, if any sub-contractor refuses to furnish a release or receipt in,full, furnish a bond satisfactory to Owner, to indemnify'Owner against any claim or lien (in cases where such payment is not already guaranteed by Surety or payment bond), along with a consent of surety to such payment. 12.3 In case of disputed indebtedness or liens, Contractor may submit in lieu of evidence of payment, a surety or bond satisfactory to Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by a surety or bond. 12.4. If any claim or lien remains unsatisfied after all payments are made, Contractor shall refund to Owner all moneys that Owner may be compelled to pay in discharging such a lien, including all costs and reasonable attorneys'fee. GC 13 INSURANCE; INDEMNIFICATION 13.1 INSURANCE. 1.3.1.1 All Insurance Policies shall be issued by companies that (a) are authorized to transact business in the State of Florida,(b)have agents upon whom service of process may be made in Palm Beach County,Florida,and(c)have a best's rating of A-VI or better. 13.1.2 All Insurance-Policies shall be endorsed to provide that: i. Contractor's Insurance is primary to any other Insurance available to the additional insured(s) with respect to claims covered under the policy and: ii. Contractor's insurance applies separately to each insured against who 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. Self- insurance shall not be acceptable. 13.1.3 Additional Insured. All required insurance (except Worker's Compensation and Professional Liability) shall include an Additional Insured endorsement identifying Owner (City of West Palm Beach) and the City Commission and its officers, agents, employees as additional insureds.. Additional insureds are defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Contractor, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured's.own acts, actions, omissions, negligence. No costs shall be paid by Owner for an additional insured endorsement. 13.1.4 Required Coverage: Contractor shall maintain following liability coverage, in the limits specified: COMMERCIAL GENERAL LIABILITY Contractor shall carry'Commercial General Liability Insurance for all operations including but not limited to Contractual, Products and Completed Operations and Personal Injury with limits of not less than Three Million Dollars ($3,000,000) (aggregate)and Two Million Dollars($2,000,000) per occurrence combined single limit for bodily injury and property damage. The insurance policy must include coverage that is no more restrictive than the latest edition of the commercial general liability policy, without restrictive endorsements and the policy must include coverage 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, and personal injury. Personal injury coverage shall include coverage that has the employee and contractual exclusions removed. BUSINESS AUTOMOBILE LIABILITY INSURANCE: Contractor shall carry business automobile liability insurance with minimum limits of Two Million Dollars($2,000,000) per occurrence, combined single limits bodily injury liability and property damage. The policy must be no more restrictive than 33 FORM GENCON 100914 10/23/2014 09.25.30 AM the latest edition of the business automobile liability policy without restrictive endorsements and must include owned vehicles and hired and non-owned vehicles. WORKERS' COMPENSATION: Workers' Compensation and Employer's.Liability Insurance with limits of Employer's Liability Insurance not less than $1,000,000 "each accident," $1,000,000 "disease policy limit,"and $1,000,000 "disease each employee." 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. Contractor agrees to name and endorse the City, and the City Commission and endorse the City,-and the City Commission and their officers, agents, employees and City Commission members as additional insureds. Additional insured is defended and indemnified for claims to the extent caused by the acts, actions, omissions or negligence of Contractor, its employees, agents, subcontractors, and representatives; but is not defended or indemnified for the additional insured's own acts, actions, omissions, negligence. BUILDERS RISK: Not, less than the value of the Work under construction and facilities under the"custody and control"of Contractor. . POLLUTION: Not less than$3,000,000 IF hazardous materials, including lead, asbestos, PCBs or other pollutants may be present.(If required) Any other or special insurance requirements will be addressed in the Contract Documents. 13.1.5 Certificate of Insurance. Contractor shall provide the City Risk Manager or the City Contract Manager with-a copy of the Certificate of Insurance and endorsements evidencing the types of Insurance and coverage required by this article within three (3) calendar days of Contractor's receipt of Notice of Intent to Award the contract and, at any time thereafter, upon request by the City. It is the Contractor's responsibility to ensure that the Risk Manager and the Contract Manager both have a current Insurance Certificate and endorsements at all times. 13.1.6 Notice. Contractor's Insurance Policies shall be endorsed to provide The City with at least thirty (30) calendar days prior written notice of cancellation, non-renewal, restrictions, or reduction in coverage or limits. Notice shall be sent to: City of West Palm Beach Attn: Purchasing Division 401 Clematis Street West Palm Beach, Florida 33401 13.1.7 Coverage Period. a. 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 coverage may be met by keeping the policies in force,or by obtaining an extension of coverage commonly known as a reporting endorsement of tail coverage. b. In 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. 34 FORM GENCON 100914 10/23/2014 09:25:30 AM 13.1.8 Renewal of Insurance: Contractor shall be responsible for assuring that the insurance certificate/endorsements required in conjunction with this section remains in force for the duration of the contractual period. If the insurance certificate/endorsements are scheduled to expire during this period, Contractor shall be responsible for submitting a new or renewed insurance certificate/endorsements to City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificate/endorsements are not replaced with a new or renewed certificate which covers the contractual period, City shall suspend this Agreement until such time as the new or renewed certificate/endorsements are received by City. 13.1.9 Minimum Coverage: Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve Contractor of liability in excess of such coverage, nor shall it preclude City from taking such other actions as is available to him under any other provisions of this Agreement or otherwise in law or equity. 13.1.10 Subcontractors. Contractor shall be entirely responsible for securing Certificates of Insurance coverage as set forth above from all subcontractors who are engaged in the Work. 13.1.11 The provisions of this General Condition shall survive the expiration or termination of the Contract. 13.2 INDEMNIFICATION. Contractor shall indemnify and hold harmless the Owner, its commissioners, officers, employees and agents, from and against any and all claims, obligations, liability, expenses, losses and causes of action, including attorneys' fees and costs, to the extent the.same are caused by: (i) an act, negligence, recklessness or intentional wrongful misconduct of Contractor or its subcontractors, or the commissioners, officers, employees or agents of either, while engaged in or about the performance of the Work; or while in or about the project site or premises; or (ii) arising from accident or any injury to Contractor or its subcontractors while engaged in or about the performance of the Work, or while in or about the project site or premises, not caused by act of Owner, Owner's agents, servants, or other contractors of Owner; or (iii) arising out of the violation of federal, state, county or municipal laws, ordinances or regulations by Contractor or its subcontractor; or (iv) arising from liens or claims for services rendered for labor or materials furnished in or for the.performance of the Work. The extent of Contractor's indemnification shall be limited to one and one-half times the contract price or$1 million per occurrence, whichever is greater. This paragraph. shall not be construed to require Contractor to indemnify Owner for Owner's own negligence, or intentional acts of the Owner, its agents or employees. Nothing in this paragraph shall be construed as a contractual waiver by Owner of the limits of sovereign immunity under Sec 768.28, Florida Statutes. This paragraph shall survive the expiration or termination of the Contract. (725.06 F.S. and 768.28 F.S.) GC 14 SUBCONTRACTORS AND SUPPLIERS 14.1 LIST OF SUBCONTRACTORS AND SUPPLIERS. Unless otherwise required to be specified in Contractor's Bid, within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the Contractor shall furnish to the Owner in writing the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) whom the Contractor will engage as sub-contractors or suppliers for the project. The Contractor shall not change such sub-contractors or suppliers without written notice to Owner, and shall not contract with a proposed person or entity to whom the Owner has made reasonable and timely objection in writing, after such notice. The Contractor understands and agrees that the Contractor alone is responsible to the Owner for all of the Work under the Contract and that any review of subcontractors, sub-subcontractors or suppliers by the Owner or Engineer/Architect will not in any way make the Owner responsible to any subcontractor or sub- subcontractor or suppliers. 14.2 WRITTEN SUBCONTRACTS. By appropriate written agreement, the Contractor shall require each subcontractor, to the extent of the work to be performed by the subcontractor, to be bound to the 35 FORM GENCON 100914 10/23/2014 09:25:30 AM Cortractor,by terms of the Contract and Contract Documents, including but-not limited.to the insurance requirements for workers'compensation and general liability coverage. The Owner shall be named as an intended Third Party Beneficiary in all subcontractor agreements provided such naming shall not create privity of contract between Owner and subcontractor. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the work to be performed by the subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with sub-subcontractors. The Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the subcontractor will be bound, and, upon written.request of the subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed sub-subcontractors. Contractor shall include in all subcontracts a provision requiring the subcontractor to consent to an assignment of the subcontract to the Owner. Contractor shall, upon request, provide copies of all subcontracts to Owner. 14.3 REQUIRED WAIVER. All subcontracts shall provide the following exact language: "Sub-contractor"expressly waives any claims for damages which it may suffer by reason of delay caused by events beyond its'control, including delays claimed to be caused by the Owner or its Engineer/Architect and agrees that its exclusive remedy shall be an extension of its contract time." 14.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS. Each subcontract agreement is assigned by the Contractor to the Owner, provided that the assignment is effective only after termination of the Contract by Owner for cause and only for those subcontract agreements that the Owner accepts by giving notice to the subcontractor and Contractor in writing; and subject to the prior right of the.surety, if any. 14.5 DISPUTES. Any disputes which may arise between the Contractor and any subcontractor must be resolved between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes between Contractor and its subcontractors. GC 15 ENGINEER/ARCHIECT'S STATUS. 15.1 Engineer/Architect will provide observation of the Contractor's activities and progress of the Work. The Engineer/Architect will make inspections of all construction, draft change orders, and verify and certify partial and/or final payments due to the Contractor, as provided in the Contract Documents. The Engineer/Architect may, during the life of the Contract issue additional instructions, by means of drawings, minor change orders or otherwise, necessary to illustrate changes in the Work. 15.2 Engineer/Architect will review and take appropriate action regarding Contractor's submittals such as shop drawings and samples, but only for the limited purpose of checking for conformance with the Contract Documents. Review of such submittal is not conducted for the purpose of determining the accuracy and completeness of other details, such a dimensions and quantities of for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor pursuant to the Contract Documents. Engineer/Architect's review does not relieve Contractor of its obligations under the Contract Documents. Engineer/Architect's review does not constitute approval of, and Engineer/Architect shall not give directions regarding, any construction means, methods,techniques, sequences, procedures, assembly or safety precautions. 15.3 Engineer/Architect shall have authority to stop the Work whenever such stoppage may be necessary to insure the proper execution of the Contract or to protect the public and/or property. Engineer/Architect shall also have authority to reject all work, materials and equipment which do not conform to the Contract Documents and to decide questions raised by Contractor which arise in the execution of the Work. 36 FORM GENCON 100914 10/23/2014 09:25:30 AM ' - � 15.4 Owner retains the sole authority to modify or extend the authority of the Engineer/Architect. 15.5 Engineer/Architect will make decisions in writing on all claims of the Contractor, and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. All such decisions of the Engineer/Architect shall be final. GC 16 TERMINIATION OR SUSPENSION 16.1 OWNER'S RIGHT TO TERMINATE FOR CAUSE. 16.1.1 Owner may terminate the Contract for cause if Contractor: A. Fails to supply enough properly skilled workers or proper materials-, B. Fails to cure deficiencies after notice as provided in the Contract Documents; C. Fails, except in cases for which extension of time is provided, to maintain an established schedule thirty(30)calendar days behind a critical path activity), D. Fails to make prompt payments to subcontractors or for material, equipment or labor; E. Repeatedly disregards applicable laws, codes, ordinances, regulations or permit requirements; F. Fails to perform the Work consistent with the requirements of the Contract Documents; G. Materially fails to comply with substantial and final completion dates as required in the Contract Documents; H. Abandons or refuses to perform any portion of the Work; I. Is otherwise in.substantial breach of the.Contract Documents; J. -Files a bankruptcy petition or has a bankruptcy action commenced against it that is not discharged within thirty (30) calendar days, or make an assignment for the benefit of its creditors, or has a receiver appointed to manage Contractor's assets, or is otherwise becoming insolvent. 16.1.2 When any of the above reasons exist, Owner may, without prejudice to any other right or remedy, and after giving Contractor and its Surety seven (7) calendar days written notice, terminate the employment of Contractor and,subject to any prior right of the surety: (i) Exclude the Contractor from the site and take possession of the premises and of all materials, equipment, tools and appliances thereon owned by Contractor- (ii) Accept assignment of subcontract pursuant to GC 13.2 and (iii) Finish the Work by whatever reasonable means Owner deems expedient. 16.1.3 When Owner terminates for cause, Contractor shall not be relieved from any of its obligations under the Contract Documents, and shall not be entitled to receive any further payment until Owner's costs to complete the Work is determined. In no event shall Contractor receive any payment for Work finished by Owner. 16.1.4 Owner shall determine its costs incurred in completing the Work, including fees and charges to contractors, fees of Engineer/Architect, attorney and other professional fees, court costs and other damages incurred by Owner. Owner shall not be required to obtain the lowest price for the work to be performed, but the costs paid by Owner must be reasonable. If the unpaid balance of the contract price shall exceed the Owner's costs to finish the Work, the excess shall be paid to Contractor. If Owner's costs exceed the unpaid balance, Contractor shall pay the difference to Owner. This obligation for payment shall survive termination of the Contract and final payment. 16.1.5 Those Contract provisions which by their nature survive final acceptance shall remain in full force and effect 37 FORM GENCON 100914 10/23/2014 09.25.30 AM 16.1.6 If.Contr ctOr's surety is directed or agrees to complete the Work, then alt payments due after termination shall be made to the surety until the Work is complete and/or the Contract price has been expended. The surety shall then be responsible for all of the obligations and duties of Contractor under the Contract Documents and shall be bound by the conditions of the Contract Documents, this Contract and the Bond to fulfill all obligations of the Contract Documents for the contract price in effect as of termination. The surety may not assign those obligations without the written consent of Owner. The surety shall be responsible for the payment of all costs relating to the termination of the employment of Contractor. Contractor and its surety shall be jointly and severally liable for all costs in excess of the contract price for completion of the Work and for liquidated damages. 16.1.7 If, upon termination for cause it is determined that Contractor was not in default, the rights and obligations of the parties shall be as if the notice of termination has been issued for Owner's convenience. 16.2 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE. 16.2.1 Suspension for Owner's Convenience. Owner may, at any time, without cause, order Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as Owner may determine, for Owner's convenience. If Owner orders a suspension, the contract price and contract time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption. No adjustment-shall be made to the extent that performance is, was or would have been so suspended, delayed or interrupted by another cause for which Contractor is responsible; or that an equitable adjustment is made or denied under another provision of the Contract. 16.2.2 .Termination by Owner for Convenience. Owner may, at any time, without cause, order terminate all or a portion of the Contract for Owner's convenience. Upon such termination, the contract price earned to the date of termination shall be paid to Contractor, but Contractor waives any claim for damages, including loss of profits arising out of or related to the early termination. Contractor may not recover overhead or profit for work not performed. Those Contract provisions which by their nature survive final payment shall remain in full force and effect. 16.3 CONTRACTOR OBLIGATIONS UPON TERMINATION. Upon receipt of written notice from Owner of termination, Contractor shall: (i) cease operations as directed by Owner in the notice; (ii) take actions necessary, or that Owner may direct for the protection and preservation of the Work; (iii) except for Work directed to be performed prior to the effective date of termination stated in the notice, and if directed by Owner, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; and (iv) turn over all marked up Construction Drawings and record set documents showing progress to date. Owner may assume and become liable at is sole discretion for obligations, commitments and unsettled contractual claims that Contractor has previously undertaken or incurred in good faith in connection with said project. Owner shall reimburse Contractor for any unpaid and earned cost of the project as of the date of termination, less damages or setoffs applicable under the Contract Documents. Contractor shall, as a condition of receiving the payments referred to herein, execute and deliver all such papers and take all such steps including the legal assignment of his contractual rights, as Owner may require for the purpose of fully vesting in him the rights and benefits of Contractor under such obligations or commitments. 16.4 TERMINATION BY CONTRACTOR. The Contractor may terminate this Contract if the Work is stopped for a period exceeding 30 consecutive days, through no fault of act of Contractor or subcontractor or their suppliers or other person or entities performing Work under direct or indirect contract with Contractor, if order of a court or other pubic authority having jurisdiction requires all Work to be stopped; or an act of government, such as declaration of emergency, requires all Work to be stopped. GC 17 UNEXCUSED DELAY; LIQUIDATED DAMAGES 17.1 LIQUIDATED DAMAGES. If the actual completion date for substantial completion or final completion occurs later than the time indicated in the Contract Documents or later than the scheduled 38 FORM GENCON 100914 10/23/2014 09:25:30 AM ;ompletion date if a duly authorized change order for time is issued, liquidated damages in the amount(s) set forth in the Contract Documents shall be paid by Contractor for unexcused delay in performance of the Work. The reasonableness of the amount is agreed. No liquidated damages shall be charged for periods of authorized delay or suspension. Contractor agrees that Owner's actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree that the sums established in the Contract Documents are reasonably related to what damages Owner may suffer and are enforceable liquidated damages and not penalties. Notwithstanding the above, Contractor agrees that liquidated damages do not include additional costs invoiced by Engineer/Architect to Owner for extended professional services arising out of an unexcused delay, and Contractor agrees to reimburse Owner for such actual costs incurred in addition to payment by Contractor of any liquidated damages. Owner is entitled to deduct any liquidated damages to which Owner is entitled from the final payment to Contractor. If the amount of liquidated damages due to Owner exceeds the final payment amount, Contractor shall pay the difference to Owner. This obligation for payment shall survive termination of the Contract and final payment. Owner does not waive any rights or other remedies under the Contract by the collection of liquidated damages. Liquidated damages will continue to be charged to the contract in the event of Contractor's default and continuation of the Work by Owner or surety. Owner may waive any portion or all of its claim for liquidated damages upon completion of the Work. 17.2 NO DAMAGES FOR DELAY. Contractor expressly agrees that a Change Order for an extension of the project completion date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other related time or impact-based claims (hereinafter collectively "delay") or for delay attributable to any foreseen or.unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or passive interference by Owner, Engineer/Architect, or agents of either, and Contractor waives claims for any and all damages which it may suffer by reason of such claims, including but not limited'to, lost profits, loss or impairment of bonding.capacity, destruction of business, overhead, remobilization or demobilization costs, subcontractor delay claims, supervision, extended unabsorbed home office overhead, increase insurance.costs, lost-profits on alternate or unperformed contracts. Contractor hereby affirms`that an extension of time is Contractor's sole and exclusive remedy. Apart from extension of time, no payment of claim for damages shall be made to Contractor as compensation for damages for any delays in the Work, whether such delay be avoidable or unavoidable. GC 18 CLAIMS AND DISPUTES 18.1 NOTICE OF CLAIMS OR DISPUTE. Claims or disputes by the Contractor must be initiated by . written notice to Owner with a copy sent to Engineer/Architect. Unless otherwise specifically provided by law, claims-must be initiated within twenty-one (21) calendar days after occurrence of the event giving rise to such claim or within twenty-one (21) calendar days after the Contractor first recognizes the condition giving rise to the claim, whichever is later. 18.2 CONTINUING PERFORMANCE. In the event of any claim or dispute, Contractor shall continue to diligently make progress on all Work, unless otherwise directed by Owner, and Owner shall continue to make payments in accordance with the Contract Documents. If the dispute regards payment or money, Contractor shall be obligated to proceed with all Work without waiving its claims under dispute. I 18.3 DECISIONS ON CLAIMS. Engineer/Architect will make decisions in writing on all claims of the Contractor regarding performance under and the requirements of the Contract Documents, and on all other matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. The Engineer/Architect will review the claim and within fifteen (15) calendar days of receipt of the claim (or receipt of additional supporting information or data), take one or more of the following actions:(1) request additional information or supporting data from either party; (2) approve the claim; (3) reject the claim in whole or in part; (4) suggest a compromise; or (5) advise the parties that the Engineer/Architect is unable to resolve the claim if the Engineer/Architect lacks sufficient information to evaluate the claim, or if the Engineer/Architect concludes that it would be inappropriate for the Engineer/Architect to resolve the claim. If the Engineer/Architect requests a party to supply additional information, such party shall respond and provide any requested information within ten (10) calendar days. The Engineer/Architect's written decision shall notify the parties of any change in the Contract 39 FORM GENCON 100914 10/23/2014 09:25:30 AM Time or Contract Price or both., All such decisions of the Engineer/Architect shall be final and binding, but subject to mediation. 18.4 DECISIONS ON AESTHETICS. The Engineer/Architect's decision on matters relating aesthetic effect will be final if consistent with the intent of the Contract Documents and may not be appealed, mediated or litigated. 18.5 PAYMENT DISPUTES. With respect to disputes regarding payment requests, Owner shall review the payment application with Engineer/Architect and provide an opportunity for Contractor to state its claim within forty-five (45) calendar days after the date the rejected payment request was last received by Engineer/Architect. The final decision of Owner shall require approval by the City Administrator and be made within sixty(60) calendar days after the date the rejected payment request was last received by Engineer/Architect. 18.6 SUBCONTRACTOR DISPUTES. Any disputes which may arise between the Contractor and any subcontractor must be resolved between the parties concerned. The Owner will not undertake nor be in any way responsible for the resolution of such disputes between Contractor and its subcontractors. 18.7 MEDIATION. Notwithstanding any other provision, the parties agree that any unresolved dispute or claim shall be mediated. Any claim for mediation shall be made in writing within fifteen (15) calendar days of Engineer/Architect's written decision on the matter, or shall be waived. The.Eng ineer/Architect shall serve as the mediator; however, with respect to disputes regarding the Work, the punch list or any other requirement for final completion, if the Engineer/Architect is an employee of Owner,the parties may mutually agree to have an independent professional engineer or professional construction mediator serve as the mediator. Notwithstanding, an initial decision by the Engineer/Architect shall be required as a condition precedent to mediation. The Owner and Contractor shall share the mediator's fee.and any filing fees equally. The mediation shall be held in Palm Beach County. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 18.8 WAIVER OF ARBITRATION. Owner and Contractor agree and expressly waive any and all provisions regarding arbitration, including any and all provisions regarding arbitration as a condition precedent to litigation contained elsewhere in any Contract.Documents. 18.9 LEGAL REMEDIES. Owner and Contractor may exercise those legal remedies in the District Court for-Palm Beach County, Florida, as may be available to them with respect to any dispute arising out of the Contract Documents for which the Engineer/Architect's decision is not final and pursuant to the dispute resolution process described in the Contract Documents and which Owner and Contractor are unable to resolve through change order or mediation. An initial decision by the Engineer/Architect shall be required as a condition precedent to litigation. 18.10 Governing Law; Jurisdiction; Venue; Litigation. The Contract Documents shall be construed and interpreted, and the rights of the parties hereto determined, in accordance with Florida law without regard to conflicts of law provisions. Contractor and Owner submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Palm Beach County, Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to any suit filed in Florida based upon improper venue or forum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THE CONTRACT DOCUMENTS. GC 19 WARRANTY INSPECTION. Prior to expiration of the warranty period(s), Contractor shall conduct, at its expense, with Owner and Engineer/Architect, a warranty inspection. Additionally, upon receipt of notice from Owner of failure of any part of the guaranteed Work, equipment or materials during the guarantee period, the defective Work, equipment parts or materials shall be replaced promptly with new equipment parts (or new equipment) and materials by Contractor, at no expense to Owner. This provision shall survive expiration or termination of the Contract. 40 FORM GENCON 100914 10/23/2014 09:25:30 AM GC 20 ROYALTIES AMD PATENTS. Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall defend and hold Owner and Engineer/Architect harmless from and against all claims, obligations, losses, costs, damages and expenses, including attorney fees in connection with any claims or actions based upon infringement of any patent arising out of the use of any materials or equipment or processes furnished or employed by Contractor under the Contract, unless a particular design, process or product of a particular manufacturer is required by the Contract Documents or where copyright violations are contained in the Construction Drawings or specifications prepared by the Engineer/Architect or Owner. If Contractor has reason to believe any required design, process or product is an infringement of a copyright or patent, Contractor shall immediately provide notice to Engineer/Architect. GC 21 LEGAL AND ETHICAL PROVISIONS 21.1 NO VERBAL AGREEMENTS. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract'shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. All Contract amendments or Change Orders shall be written and executed by both Owner and Contractor. 21.2 COMPLIANCE WITH LAWS. .Contractor shall comply with all applicable City, State and Federal laws relating to the provision of services under this Contract, now or hereafter in effect. Contractor shall comply with all applicable City,-State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or.protection of employees, now or hereafter in effect. It shall not be grounds for a change order that Contractor failed to investigate the codes and regulations of all applicable government agencies with jurisdiction over the Work. 21.3 SMALL BUSINESS REQUIREMENTS. Contractor shall comply with the City of West Palm Beach's Small Business Ordinance set forth in Chapter 66 of the City Code, which is incorporated herein by reference. Contractor shall comply with the small business commitment contained in Contractor's Bid, or as approved by the Procurement Division. Contractor shall maintain all relevant records and information necessary to document compliance with the Small Business Ordinance and shall allow the Owner to inspect and audit such records. 21.4. ETHICS; CONFLICTS OF INTEREST a. Contractor represents that it has not given or accepted a kickback in relation to the Contract and has not solicited the Contract by payment or acceptance of a gratuity or offer of employment. b. Contractor represents that it has not solicited the Contract by payment of a gift or gratuity or offer of employment to any official, employee of the City or any City agency or selection committee. c Contractor represents that it does not employ, directly or indirectly, the mayor, members of the city commission or any official, department director, head of any City agency, or member of any board,.committee or agency of the City. d Contractor represents that it has not knowingly given, directly or indirectly, any gift with a value greater than $100 in the aggregate in any calendar year to the mayor, members of the city commission, any department director or head of any city agency, any employee of the city or any city agency, or any member of a board that provides regulation, oversight, management or policy-setting recommendations regarding the Contractor or its business. e. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with its performance under the Contract. 41 FORM GENCON 100914 10/23/2014 09.25.30 AM °J N f In the event Contractor is.permitted to utilize subcontractors to perform any work under the Contract, Contractor agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this condition. 21.5. LOBBYING CERTIFICATION. Contractor certifies to the best of its knowledge and belief that no funds or other resources received from the state in connection with the Contract will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 21.6 NON-COLLUSION. Contractor certifies that it has not entered into any agreement to commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair advantage over other bidders or contractors. (F.S. 838.22). 21.7 PUBLIC ENTITY CRIMES. By executing a Contract with Owner, Contractor certifies that Contractor, its affiliates, suppliers, subcontractors and consultants who will perform under the Contract have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date of the Invitation to Bid and that execution of the Contract will not violate the Public Entities Crimes Act (Sec. 287.133, Florida Statutes. Violation of this section may result in termination of this Agreement and recovery of all monies .paid hereto, and may result in debarment from City's competitive procurement activities. 21.8 SCRUTINIZED COMPANIES. For Contracts over $1 million, in accordance with Sec. 215.473 Fla. Stat., Contractor certifies that at the time of bid or contract, Contractor is not a Scrutinized Company on the Contractors with Activities in Sudan List or the Activities in the Iran Petroleum Energy Sector List and does not engage in business operations in Cuba or Syria. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 21.9 UNAUTHORIZED ALIENS/PATRIOT'S ACT. The knowing employment by Contractor or its subcontractors of any alien not authorized to work by the immigration laws or the Attorney General of the United States is prohibited and shall be a default of the Contract. Contractor shall take all commercially reasonable precautions to ensure that it and its sub-contactors do not employ persons who are not authorized to work by the immigration laws or the Attorney General of the United States. Contractor further represents that it is not in violation of any laws relating to terrorism or money laundering, including Executive Order No. 13224 on Terrorist Financing and relating to Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or.Support Terrorism (the "Executive Order") and/or the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, as amended and reinstated (the "Patriot Act'). Contractor represents it is not a Prohibited Person under the Executive Order or Patriot Act. 21.10. NON-DISCRIMINATION. In performing under the Contract, Contractor shall not discriminate against any person because of race, color, religion, sex, gender identity or expression, genetic information, national origin, age, disability,familial status, marital status or sexual orientation. 21.11 APPRENTICES. If Contractor employs apprentices on the project, the behavior of Contractor and Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the State of Florida Department of Labor and Employment Security. Contractor will include a provision similar to the foregoing sentence in each subcontract. 21.12 AVAILABILITY OF FUNDS. The Contract is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the Owner. If funding for the Contract is in multiple fiscal years, funds must be appropriated each year prior to costs being incurred. Nothing in this paragraph shall prevent the making of contracts with a term of more than one year, but any contract so made shall be executory only for the value of the work or services to be rendered or paid for in succeeding fiscal years. In the event funds to finance the Contract 42 FORM GENCON 100914 10/23/2014 09:25:30 AM • 4 become unavailable, Owner may"terminate the Contract upon no less than twenty-four (24) hours-notice- to Contractor. The Owner shall be the sole and final authority as to the availability of funds. 21.13 RIGHT TO AUDIT. Contractor shall maintain adequate records of the services for at least five (5) years from project occupancy. Owner, during Contractor's business hours and with at least 24 hours prior notice to Contractor, shall have the right to audit Contractor's books and records, at Owner's expense, with regard to the accounts and services provided to or on behalf of Owner under this Contract to ensure "that all aspects of the Contract are being met. Contractor shall allow the Owner or its representative to interview all current or former employees to discuss matters pertinent to the Contract. If an audit inspection in accordance with this condition discloses overpricing or overcharges (of any nature) by Contractor to Owner in excess of one-half of one percent (.5%) of the total contract billings, (1) the. reasonable costs of the City's Internal Audit department shall be reimbursed to the City by the Contractor and (2) a 15% penalty of the overpricing or overcharges shall be assessed. Any adjustments and/or payments which must be made as a result of the audit inspection, including any interest, audit costs and penalties shall be made by the Contractor within 45 days from presentation of City's findings to Contractor. Failure by Contractor to permit such audit shall be cause for termination of this Contract by Owner. In addition to the foregoing, Contractor consents to the Owner requesting from the insurance carriers confirmation of all fees paid to Contractor arising out or related to the City's insurance coverages during the term of the Contract. 21.14 INSPECTOR GENERAL. 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 the Contract, and may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other remedies .and consequences provided by law, the failure of Contractor or 'its subcontractor or lower .tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be a material breach of the Contract justifying its termination. '21.1.5 INDEPENDENT CONTRACTOR. Contractor represents that it is properly experienced, licensed, equipped and financed to perform the work. Contractor acknowledges and agrees that it is an independent contractor of Owner and is not an employee of Owner and shall maintain control over its employees, subcontractors and work methods. Contractor more specifically acknovledges that it: will not be eligible to participate in any employee benefit maintained by Owner; will not be covered by Owner's workers'compensation insurance; and will be solely and exclusively responsible for payment of all federal and state income, social security, unemployment and disability taxes due in respect of all compensation and/or other consideration paid by Owner to Contractor under the Contract. 21.16 LIENS. Contractor acknowledges that no liens may attach to the subject improvements and property as a public project. Nevertheless, Contractor agrees to keep the project, the buildings thereon and the property free of liens for or on account of any work done or materials furnished under the Contract. In the event any such lien is filed, Contractor shall, within five (5) days after written notice by Owner, discharge the lien(s) or cause a satisfaction of such lien(s) to be recorded in the Public Records of Palm Beach County, Florida, or post a bond sufficient to release the lien(s) and cause the Clerk of the Circuit Court of Palm Beach County to discharge such lien, as may be appropriate. In the event Contractor fails to so discharge or bond the lien(s), Owner shall have the right, but not the obligation, to discharge or bond the lien(s) and shall have the right to retain out of any payment then due or thereafter to become due to the Contractor, monies sufficient to discharge the amount of such lien(s) and Owner's costs and reasonable attorneys'fees incurred. 21.17 LITIGATION. In the event suit is filed to construe or enforce this Agreement, each party in such suit shall bear its own costs and expenses incurred in connection therewith, including, but not"limited to, attorneys' fees and costs through trial and appeal.. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS CONTRACT. 43 FORM GENCON 100914 10/23/2014 09.25.30 AM GC 22 MISCELLANEOUS 22.1 NOTICES. All written notices and other communications required or provided for under this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in the case of mailing, or by overnight or same day courier, or hand delivered to the following address and person bearing the following title for each party hereto or such other addressee or person as shall be designated by a party in a written notice given in the manner required hereby: to Owner: City of West Palm Beach Attn.: Director of Engineering & Public Works P.O. Box 3366 (401 Clematis Street(33401)) West Palm Beach, FL 33402-3366 to Contractor: [to Contractor at the address listed on the first page of this Contract to the attention of the Project Manager] 22.2 PUBLIC RECORDS. Contractor shall comply with Chapter 119, Florida Statutes, regarding access to public records. Failure of compliance may be cause for termination by Owner. 22.3 SPECIFIC WAIVER. Any waiver issued by Owner of any provision of the Contract Documents shall only be effective if issued in writing by Owner and shall be specific, shall apply only to the particular matter concerned, and shall not apply to other similar or dissimilar matters. Either party's failure to enforce strict performance of any covenant, term, condition, promise, agreement or undertaking set forth in the Contract shall not be construed as a waiver or relinquishment of any other covenant, term, condition, promise, agreement or undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition, promise, agreement or undertaking at any time in the future. 22.4 HEADINGS; INDEX. The headings and the table of contents or index contained in these General Conditions are provided for convenience only. 22.5 INTEGRATION. The Contract constitutes the entire agreement between Contractor and Owner and supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the parties hereto. The Invitation to Bid and its terms and conditions are incorporated herein and made a part of this Contract. No verbal agreement or conversation with any officer, agent or employee of Owner either before or after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the documents comprising said Contract. 22.6 SEVERABILITY. The invalidity, illegality or unenforceability of any provision of the Contract shall not affect the validity, legality or enforceability or any other provision of the Contract and the Contract shall be construed and enforced in all respects as if the invalid, illegal or unenforceable provision is not contained herein. 22.7 ASSIGNMENT. Contractor shall not assign the Contract as a whole or in part without the written consent of Owner, nor shall Contractor assign any monies due or to become due to it hereunder without the previous written consent of Owner and its surety. Assigning the Contract shall not relieve Contractor or his surety from any contract obligations. 5• 44 FORM GENCON 100914 10/23/2014 09:25:30 AM Master Contract for Utility Construction Services Exhibit A Fee Schedule '` Item ¢�� Item Descr�pt�on ��-� a- Units Unit Price Amount Quant.x Road Finishing Crew consisting of a minimum of three(3)experienced operators, includes: motor grader, roller& water wagon when necessary requested, to prepare a shell, limerock, or crushed 1 concrete road base, stabilized subgrade& XXX HR $350.00 asphalt roadway w/striping in compliance with the latest City of WPB standard specifications. Payment shall be made by the hour for road finishing crew&shall include: equipment, labor, water, all required testing, and all misc associated costs. Material not included in this item. Crew-Concrete, Ductile Iron, PVC, HDPE, or Metal Pipe Laying: consisting of a foreman (with 30 hrs of OSHA training), a minimum of three (3)experienced men, 2 including layout, excavating, installing, HR $375.00 back filling equipment, and roadway repair necessary for laying pipe up to and including 36"diameter. Materials not included in this item. A Dump Truck, 15-28 cu. yd. capacity when XXX HR $55.00- 15-18 CY requested with item #2 only. Well Point equipment up to 150 points B complete including pump and jetting XXX HR $150.00 equipment when requested with item#2 onl Inc. Dewaterin Permits). Crew-Concrete, Ductile Iron, PVC, HDPE, or Metal Pipe Laying: consisting of •foreman (with 30 hrs of OSHA training), • minimum of three (3)experienced men, 3 including layout, excavating, installing, XXX HR $400.00 back filling equipment, and roadway repair necessary for laying pipe greater than 36" up to 84"diameter. Materials not included in this item. A Dump Truck, 15-18 cu. yd. capacity when XXX HR $55.00 requested with item#3 only Well Point Equipment up to 150 points complete including pump and Jetting B. equipment when requested with item #3 XXX HR $150.00 onl (including Dewaterin Permit). Fee Schedule for RFQ 13-14-407 1 of 11 10/23/2014 09.25.30 AM Master Contract for Utility Construction Services Fee Schedule ZOV I>rem LtemD�escr�pfion „� m�t"Price /mount t Quant '"� Four Man Repair Crew, including one Foreman (with 30 hrs of OSHA training) and three experienced skilled tradesman, and all equipment and tools necessary for 4 construction, maintenance, and XXX HR $425.00 emergency repairs of facility including Water Treatment Plants,Wastewater Treatment Plants, pump stations, and utility mains. Materials not included in this item. A Dump Truck, 15-18 cu. yd. capacity when XXX HR $55.00 re uested with item#4 only. Well Point Equipment up to 150 Points r complete including pump and Jetting B. equipment when requested with item#4 XXX HR $150.00 only(including Dewatering Permit). � r=@7,are �� YE N imaim 1� 1. Remove Existing Roadway Pavement 100 S.Y. $10.00 $1,000.00 2 Remove Existing Roadway Base 100 S.Y. $7.00 $700.00 (aggregate) 3 Remove Existing Roadway Base $25.00 $2,500.00 (concrete) 100 S.Y. 4 2-1/2"A.C.S.C. Type S-1, incl. Tack Coats $31.25 $3,125.00 land Prime Coats 100 S.Y. 5 12"A.C.S.C. Type S-III, incl. Tack Coats $25.00 $2,500.00 and Prime Coats 100 S.Y. 6, Compacted Crushed Concrete/Limerock $20.00 $2,000.00 Roadway Base(10"thick) 100 S.Y. 7. 12"Compacted Subgrade 100 S.Y. $15.00 $1,500.00 Mill and Resurface (up to 1-1/4"A.C.S.C. 8. Type S-1) 400 S.Y. $21.00 $8,400.00 9 Mill and Resurface (up to 1 A.C.S.C. Type 400 S.Y. $19.00 $7,600.00 S-III 10. ITemporary Striping (4") 100 LF $2.00 $200.00 11. Temporary Striping (6") 100 LF $3.00 $300.00 12. Temporary Striping (12") 100 LF $5.00 $500.00 13. Striping (Thermoplastic,4") 100 LF $3.00 $300.00 14. Striping (Thermoplastic, 6") 100 LF $4.00 $400.00 15. Striping (Thermoplastic, 12") 100 LF $6.00 $600.00 16. Special saw cuts for pavement 50 LF $7.00 $350.00 17 Supply and Installation of FDOT Concrete $55.00 $550.00 Bumper Guard 10 EA 18 Furnish and Installation of ADA-compliant $50.00 $2,500.00 detectable surface 50 SF 19. Supply and Installation of ADA compliant $80.00 $2,000.00 welded aluminum handrail 25 LF Fee Schedule for RFQ 13-14-407 2 of 11 10/23/2014 09:25:30 AM Master Contract for Utility Construction Services Fee Schedule V Est ? az °,°-`,. c � UnitS /tPllce� i4mOUnt em, ltemDescr�ption RAN N W , t ''�e�3`,�n � STORM SEWER 20. 15" RCP, Class III 200 LF $45.00 $9,000.00 21. 18" RCP, Class III 200 LF $58.00 $11,600.00 22. 24" RCP, Class III 200 LF $63.00 $12,600.00 23. 30" RCP, Class III 100 LF $100.00 $10,000.00 24. 36" RCP, Class III 100 LF $115.00 $11,500.00 25. 42" RCP, Class III 100 LF $125.00 $12,500.00 26. 48" RCP, Class III 100 LF $155.00 $15,500.00 27. 60" RCP, Class III 100 LF $225.00 $22,500.00 28. 72" RCP, Class III 100 LF $315.00 $31,500.00 29' Adjust Existing Storm Manhole/Inlet Top 25 EA $750.00 $18,750.00 30. Storm Inlet, Type C 15 EA $3,050.00 $45,750.00 31. IStorm Inlet, Type E 15 EA $3,550.00 $53,250.00 32. Storm Inlet, Type P-5 15 EA $5,050.00 $75,750.00 33. Storm Inlet, Type P-6 15 EA $5,150.00 $77,250.00 34. Storm Manhole, Type P (3.5' x 6') (up to 6' $4,800.00 $4,800.00 depth) 1 EA Additional depth to Bid Item 34 per 1 foot 34a. $500.00 $500.00 increment 1 LF 35. Storm Manhole, Type J (3.5'x6') (up to 6' $4,550.00 $4,550.00 depth) 1 EA Additional depth to Bid Item 35 per 1 foot 35a. $500.00 $500.00 increment 1 LF 36. depth Manhole, Type J (5'X5') (up to 6' ) 1 EA $6,050.00 $6,050.00 Additional depth to Bid Item 36 per 1 foot 36a. $650.00 $650.00 increment 1 LF Storm Manhole, Type.J (6'X6') (up to 6' 37. depth) 1 EA $5,675.00 $5,675.00 Additional depth to Bid Item 37 per 1 foot 37a. $650.00 $650.00 increment 1 LF 38. 12"X18"Oval RCP 100 LF $71.00 $7,100.00 "PRES3UREPIPE(gWATERMA1N) i W 39. 4"C-900 PVC Water Main 100 LF $35.00 $3,500.00 40. 6"C-900 PVC Water Main 100 LF $40.00 $4,000.00 41. 8"C-900 PVC Water Main 100 LF $45.00 $4,500.00 42. 10"C-900 PVC Water Main 100 LF $50.00 $5,000.00 43. 12"C-900 PVC Water Main 100 LF $65.00 $6,500.00 44. 4" PVC Mega-Lug Kits 50 EA $40.00 $2,000.00 45. 6" PVC Mega-Lug Kits 50 EA $50.00 $2,500.00 46. 8" PVC Mega-Lug Kits 50 EA $65.00 $3,250.00 47. 10" PVC Mega-Lug Kits 50 EA $99.00 $4,950.00 48. 12" PVC Mega-Lug Kits 50 EA $135.00 $6,750.00 Fee Schedule for RFQ 13-14-407 3 of 11 10/23/2014 09:25:30 AM Master Contract for Utility Construction Services Fee Schedule . P Este t `Un�tPr�{ce� p'y Aim"0,611 Items � Item D_'escn;_t�on<'_ '� Quant y ' 49. 4" Cement-lined DIP Water Main Class 52 100 LF $52.00 $5,200.00 50. 6"Cement-lined DIP Water Main Class 52 100 LF $55.00 $5,500.00 51. 8"Cement-lined DIP Water Main Class 52 100 LF $61.00 $6,100.00 10"Cement-lined DIP Water Main Class 52. 52 100 LF $68.00 $6,800.00 12" Cement-lined DIP Water Main Class 53. $85.00 $8,500.00 52 100 LF 54. 56" Cement-lined DIP Water Main Class 100 LF $130.00 $13,000.00 18" Cement-lined DIP Water Main Class 55. 51 100 LF $175.00 $17,500.00 56. 50" Cement-lined DIP Water Main Class 100 LF $200.00 $20,000.00 57 541"Cement-lined DIP Water Main Class 100 LF $220.00 $22,000.00 30"Cement-lined DIP Water Main Class 58. 51 100 LF $275.00 $27,500.00 59 36"Cement-lined DIP Water Main Class $345.00 $34,500.00 51 100 LF 60. 4"Cement-lined DIP Fittings 1 TON $6,925.00 $6,925.00 61. 6"Cement-lined DIP Fittings 1 TON $6,925.00 $6,925.00 62. 8"Cement-lined DIP Fittings 1 TON $6,925.00 $6,925.00 63. 10"Cement-lined DIP Fittings 1 TON $6,925.00 $6,925.00 64. 12"Cement-lined DIP Fittings 1 TON $6,925.00 $6,925.00 65. 16"Cement-lined DIP Fittings 1 TON $6,925.00 $6,925.00 66. 18"Cement-lined DIP Fittings 1 TON $6,925.00 $6,925.00 67. 20"Cement-lined DIP Fittings 1 TON $6,925.00 $6,925.00 68: 24"Cement-lined DIP Fittings 1 TON $7,500.00 $7,500.00 69. 30"Cement-lined DIP Fittings 1 TON $12,000.00 $12,000.00 70. 36"Cement-lined DIP Fittings 1 TON $15,000.00 $15,000.00 71. 1"Single Water Service (Type K, up to $1,000.00 $20,000.00 10') incl. Meter Box, complete 20 EA Additional length to Bid Item 71 per 1 foot 71 a. increment 40 LF $15.00 $600.00 72 1"Single Water Service (Polytube, up to $1,000.00 $20,000.00 10') incl. Meter Box complete 20 EA 72a. Additional length to Bid Item 72 per 1 foot $15.00 $600.00 increment 40 LF 2"Single Water Service (Type K, up to 73. 10') incl. Meter Box complete 20 EA $1,700.00 $34,000.00 73a. Additional length to Bid Item 73 per 1 foot $25.00 $1,000.00 increment 40 EA 74 2"Single Water Service (Polytube, up to $1,700.00 $34,000.00 10') incl. Meter Box complete 20 EA Fee Schedule for RFQ 13-14-407 4 of 11 10/23/2014 09:25:30 AM Master Contract for Utility Construction Services C'.F1 ry h Fee Schedule . Y Item Descr►a tion� ~' Est�� Units .,Un►t`Pr<►ce.. Amount ltem� p� Quant:-. � Additional length to Bid Item 74 per 1 foot 74a. $25.00 $1,000.00 increment 40 EA 2"Temporary Water Main incl. temporary 75. fittings and temporary service $28.00 $2,800.00 connections, complete 100 LF 76 Air Release Valve Manhole, complete w/ $6,000.00 $6,000.00 exterior coating 1 EA 77. Sample point and Bacteriological Testing 10 EA $850.00 $8,500.00 78. 4" R.S.G.V.with Valve Box 1 EA $950.00 $950.00 79. 6" R.S.G.V.with Valve Box 1 EA $1,250.00 $1,250.00 80. 8" R.S.G.V.with Valve Box 1 EA $1,875.00 $1,875.00 81. 10" R.S.G.V.with Valve Box 1 EA $2,500.00 $2,500.00 82. 12" R.S.G.V.with Valve Box 1 EA $2,900.00 $2,900.00 83. 20" R.S.G.V.with Valve Box 1 EA $16,500.00 $16,500.00 84. 24"R.S.G.V.with Valve Box 1 EA $25,000.00 $25,000.00 85. 30" R.S.G.V.with Valve Box 1 EA $40,000.00 $40,000.00 86. 36" R.S.G.V.with Valve Box 1 EA $52,000.00 $52,000.00 87. Fire Hydrant 5 EA $4,500.00 $22,500.00 ' PRESSUREPIPEP(FORCEsMA1N) f 88. 4" Epoxy-lined DIP Force Main, Class 52 100 LF $85.00 $8,500.00 89' 6" Epoxy-lined DIP Force Main, Class 52 100 LF $90.00 $9,000.00 90' 8" Epoxy-lined DIP Force Main, Class 52 100 LF $100.00 $10,000.00 91' 10" Epoxy-lined DIP Force Main, Class 52 100 LF $105.00 $10,500.00 92' 12" Epoxy-lined DIP Force Main, Class 52 100 LF $120.00 $12,000.00 93. 16" Epoxy-lined DIP Force Main, Class 51 100 LF $150.00 $15,000.00 94' 18" Epoxy-lined DIP Force Main, Class 51 100 LF $210.00 $21,000.00 95' 20" Epoxy-lined DIP Force Main, Class 51 100 LF $245.00 $24,500.00 96. 24" Epoxy-lined DIP Force Main, Class 51 100 LF $270.00 $27,000.00 97. $330.00 Epoxy-lined DIP Force Main, Class 51 100 LF $330.00 $33,000.00 98' 36" Epoxy-lined DIP Force Main, Class 51 100 LF $400.00 $40,000.00 99. 4" Epoxy-lined DIP Fittings 1 TON $11,275.00 $11,275.00 100. 6" Epoxy-lined DIP Fittings 1 TON $11,275.00 $11,275.00 101. 8" Epoxy-lined DIP Fittings 1 TON $11,275.00 $11,275.00 102. 10" Epoxy-lined DIP Fittings 1 TON $11,275.00 $11,275.00 103. 12" Epoxy-lined DIP Fittings 1 TON $11,275.00 $11,275.00 Fee Schedule for RFQ 13-14-407 5 of 11 10/23/2014 09:25:30 AM Master Contract for Utility Construction Services Fee Schedule �' Ifem Item.Description, ' WUn�ts, Pa moun ce YA� t 104. 16" Epoxy-lined DIP Fittings 1 TON $11,275.00 $11,275.00 105. 18" Epoxy-lined DIP Fittings 1 TON $11,275.00 $11,275.00 106. 20" Epoxy-lined DIP Fittings 1 TON $11,275.00 $11,275.00 107. 24" Epoxy-lined DIP Fittings 1 TON $12,500.00 $12,500.00 108. 30" Epoxy-lined DIP Fittings 1 TON $15,000.00 $15,000.00 109. 36" Epoxy-lined DIP Fittings 1 TON $18,000.00 $18,000.00 110. 4" Plug Valve w/Valve Box 1 EA $1,200.00 $1,200.00 111. 6" Plug Valve w/Valve Box 1 EA $1,800.00 $1,800.00 112. 8" Plug Valve w/Valve Box 1 EA $2,100.00 $2,100.00 113. 12" Plug Valve w/Valve Box 1 EA $3,300.00 $3,300.00 114. 16" Plug Valve w/Valve Box 1 EA $7,300.00 $7,300.00 115. 18" Plug Valve w/Valve Box 1 EA $8,500.00 $8,500.00 116. 20" Plug Valve w/Valve Box 1 EA $10,000.00 $10,000.00 117. 24" Plug Valve w/Valve Box 1 EA $20,900.00 $20,900.00 118. 30" Plug Valve w/Valve Box 1 EA $30,000.00 $30,000.00 119. 36" Plug Valve w/Valve Box 1 EA $37,500.00 $37,500.00 a s ffi fi z � s♦? t � � eRw � � ta.3eV.•e � <�«�' +�e� yam. r < �"tr'� � P x i i �, �.w d�"rr y�',uy§yys �.z'�B 120. 8" HDPE (SDR11) Pipe 100 LF $55.00 $5,500.00 121. 10" HDPE(SDR11) Pipe 100 L $65.00 $6,500.00 122. 12" HDPE (SDR11) Pipe 100 L $75.00 $7,500.00 123. 16" HDPE (SDR11) Pipe 100 L $100.00 $10,000.00 124. 18" HDPE (SDR11) Pipe 100 L $125.00 $12,500.00 125. 20" HDPE (SDR11) Pipe 100 L $185.00 $18,500.00 126. 24" HDPE (SDR11) Pipe 100 L $210.00 $21,000.00 127. 30" HDPE (SDR11) Pipe 100 L $325.00 $32,500.00 128. 36" HDPE (SDR11) Pipe 100 L $795.00 $79,500.00 129. 12" Butterfly Valve w/Valve Box 1 EA $2,400.00 $2,400.00 130. 16" Butterfly Valve w/Valve Box 1 EA $3,500.00 $3,500.00 131. 20" Butterfly Valve w/Valve Box 1 EA $6,500.00 $6,500.00 132. 24" Butterfly Valve w/Valve Box 1• EA $8,500.00 $8,500.00 133. 30" Butterfly Valve w/Valve Box 1 EA $14,000.00 $14,000.00 134. 36" Butterfly Valve w/Valve Box 1 EA $16,000.00 $16,000.00 135. 4" Field-Lok Gaskets 50 EA $80.00 $4,000.00 136. 6" Field-Lok Gaskets 50 EA $105.00 $5,250.00 137. 8" Field-Lok Gaskets 50 EA $150.00 $7,500.00 138. 10" Field-Lok Gaskets 50 EA $190.00 $9,500.00 139. 12" Field-Lok Gaskets 50 EA $215.00 $10,750.00 140 16" Field-Lok Gaskets 50 EA $500.00 $25,000.00 141. 18" Field-Lok Gaskets 50 EA $610.00 $30,500.00 142. 20" Field-Lok Gaskets 50 EA $705.00 $35,250.00 143. 24" Field-Lok Gaskets 50 EA $975.00 $48,750.00 144. 30" Field-Lok Gaskets 50 EA $2,100.00 $105,000.00 Fee Schedule for RFQ 13-14-407 6 of 11 10/23/2014 09:25:30 AM Master Contract for Utility Construction Services Fee Schedule Item" Item Descripbonk Est Quant: Units Unit<Price Amgo�unfc 145. 36" Field-Lok Gaskets 50 EA $2,290.00 $114,500.00 146. 4" DIP Mega-Lug Kits 50 EA $50.00 $2,500.00 147. 6" DIP Mega-Lug Kits 50 EA $65.00 $3,250.00 148. 8" DIP Mega-Lug Kits 50 EA $90.00 $4,500.00 149. 10" DIP Mega-Lug Kits 50 EA $290.00 $14,500.00 150. 12" DIP Mega-Lug Kits 50 EA $335.00 $16,750.00 151. 16"'DIP Mega-Lug Kits 50 EA $340.00 $17,000.00 152. 18" DIP Mega-Lug Kits 50 EA $410.00 $20,500.00 153. 20" DIP Mega-Lug Kits 50 EA $525.00 $26,250.00 154. 24" DIP Mega-Lug Kits 50 EA $700.00 $35,000.00 155. 30" DIP Mega-Lug Kits 50 EA $1,365.00 $68,250.00 156. 36" DIP Mega-Lug Kits 50 EA $1,675.00 $83,750.00 157. Air Release Valve Manhole, complete w/ $9,000.00 $45,000.00 interior and exterior coating 5 EA {' ra, !+ mss' ""{, s F 4: " .�. vk2, aR it , SANITARYSEWER r � � , ,asA.3w nb u., ;. erys.'3s".'' w�.�� ,. Sanitary Sewer MH(4' Dia., up to 6' 158 $3,500.00 $17,500.00 depth), complete 5 EA Additional depth to Bid Item 158 per 1 foot 158a. increment 5 LF $500.00 $2,500.00 159. Sanitary Sewer MH (6' Dia., up to 6' $4,600.00 $4,600.00 depth), complete 1 EA Additional depth to Bid Item 159 per 1 foot 159a. increment 5 LF $650.00 $3,250.00 160. MH Drop Connection (up to 6'depth) 5 EA $3,500.00 $17,500.00 160a. Additional depth to Bid Item 160 per 1 foot $600.00 $3,000.00 increment 5 LF 161. 6"Sanitary Sewer Lateral (up to 20')incl. $1,200.00 $1,200.00 Cleanout, complete 1 EA Additional length to Bid Item 161 per I foot 161a. increment 5 LF $25.00 $125.00 162. Adjust San. MH Top 5 EA $750.00 $3,750.00 163. 6" PVC SDR 26 100 LF $25.00 $2,500.00 164. 8" PVC SDR 26 100 LF $46.00 $4,600.00 165. 10" PVC SDR 26 100 LF $53.00 $5,300.00 166. 12" PVC SDR 26 100 LF $58.00 $5,800.00 167. 15" PVC SDR 26 100 LF $62.00 $6,200.00 168. 24" PVC SDR 26 100 LF $115.00 $11,500.00 169. 30" PVC SDR 26 100 LF $190.00 $19,000.00 170. 6"x 6" PVC SDR 26 Wye 10 EA $75.00 $750.00 171. 8"x 6" PVC SDR 26 Wye 10 EA $100.00 $1,000.00 172. 10"x 6" PVC SDR 26 Wye 10 EA $200.00 $2,000.00 173. 12"x 6" PVC SDR 26 Wye 10 EA $225.00 $2,250.00 174. 15"x 6" PVC SDR 26 Wye 10 EA $750.00 $7,500.00 175. 24"x 6" PVC SDR 26 Wye 10 EA $4,500.00 $45,000.00 176. 30"x 6" PVC SDR 26 Wye 10 EA $7,000.00 $70,000.00 Fee Schedule for RFQ 13-14-407 7 of 11 10/23/2014 09:25:30 AM Master Contract for Utility Construction Services Fee Schedulery� Item Item Description= Est Units /Un Hce A°mo�unt� Quant. 177. 4" Fernco Coupling w/shear rings 10 EA $200.00 $2,000.00 178. 6" Fernco Coupling w/shear rings 10 EA $250.00 $2,500.00 179. 8" Fernco Coupling w/shear rings 10 EA $375.00 $3,750.00 180. 10" Fernco Coupling w/shear rings 10 EA $400.00 $4,000.00 181. 12" Fernco Coupling w/shear rings 10 EA $450.00 $4,500.00 182. 15" Fernco Coupling w/shear rings 10 EA $475.00 $4,750.00 183. 24" Fernco Coupling w/shear rings 10 EA $1,225.00 $12,250.00 184. 30" Fernco Coupling w/shear rings 10 EA $1,350.00 $13,500.00 185. Removal & Disposal of 4"thick Concrete 100 SF $10.00 $1,000.00 186. Removal & Disposal of 6"thick Concrete 100 SF $11.00 $1,100.00 187. Concrete (4"thick) 100 SY $60.00 $6,000.00 188. Concrete (6"thick) 100 SY $65.00 $6,500.00 189. FDOT Handicap Ramp 100 SY $75.00 $7,500.00 Installation of FDOT Type "D"curb-by 190. $30.00 $1,500.00 hand 50 LF Installation of FDOT Type"D"curb-by 191. $20.00 $1,000.00 machine 50 LF Installation of FDOT Type"F"curb-by 192. hand 50 LF $35.00 $1,750.00 193. Installation of FDOT Type"F"curb-by. $30.00 $1,500.00 machine 50 LF 194. hand Installation of FDOT Valley Gutter-by 50 LF $35.00 $1,750.00 Installation of FDOT Valley Gutter-by 195. $25.00 $1,250.00 machine 50 LF 196. Installation of Header Curb-by hand 50 LF $30.00 $1,500.00 Installation of FDOT Asphaltic Concrete 197• Curb 50 LF $50.00 $2,500.00 Installation of FDOT mitered end section 198 $800.00 $8,000.00 for 15"diameter RCP 10 EA Installation of FDOT mitered end section 199. for 15"diameter HDPE pipe 10 EA $825.00 $8,250.00 Installation of FDOT mitered end section 200. for 18"diameter HDPE pipe 10 EA $975.00 $9,750.00 Installation of FDOT mitered end section 201. for 18"diameter RCP 10 EA $990.00 $9,900.00 202. Special saw cuts for concrete 100 LF $45.00 $4,500.00 "y MISCELLAWEOUS' ' � ; ; Removal &disposal of soil to implement 203. improvements 100 CY $31.00 $3,100.00 204. Supply, replace&compact clean fill 100 CY $20.00 $2,000.00 205. Spupapply& installation of natural stone 200 TON $100.00 $20,000.00 Fee Schedule for RFQ 13-14 7407 8 of 11 10/23/2014 09.25.30 AM Master Contract for Utility Construction Services Fee Schedule ' Este � �. .. Item Item Description Unrts. Unit Pr►ce; A°mouritE Q`want:. 206. Supply 200 TON ly&installation of broken concrete $65.00 $13,000.00 p 207. Supply& install sand-cement riprap 100 CY $450.00 $45,000.00 208 Removal &disposal of existing culvert $26.00 $1,300.00 pipe(any material) 50 LF 209 Supply&installation of Bahia Sod-up to $1.50 $1,500.00 1000 SF 1000 SF 210. Supply&installation of Bahia Sod-over $1.00 $2,000.00 1000 SF 2000 SF Supply&installation of Floratam Sod-up 211. to 1000 SF 1000 SF $3.00 $3,000.00 212 Supply&installation of Floratam Sod- $2.00 $4,000.00 over 1000 SF 2000 SF Supply&installation of FDOT Seed & 213. Mulch Mix 1000 SF $1.00 $1,000.00 Furnish Operator,Water Truck and 214.. Irrigate Sod or Seed Mix 10 HR $100.00 $1,000.00 215. FDOT Guard Rail with no end treatment 50 FT $33.00 $1,650.00 216. Canal Excavation (sand &silt) 100 CY $12.00 $1,200.00 217. Lake Canal Bank Restoration 100 SF $20.00 $2,000.00 218 Surveyor(as-built records approved by $145.00 City of W.P.B.) XXX HR 218a. Field Crew XXX HR $190.00 218b. Drafting/Cad. XXX HR $105.00 219a. Arrow Board 1 EA $125.00 $125.00 219b. Sign Board ' 1 EA $175.00 $175.00 220c. Standard Barricades w/Lights 1 EA $9.00 $9.00 220d. Corral Barricades w/Lights 1 EA $10.00 $10.00 220e. lRoad Sign w/Lights 1 EA $10.00 $10.00 220f. I FDOT-approved Traffic Cones 10 EA $8.00 $80.00 LABOR kA TE (rFormany�ofher�work notfrnent�ne above=the co actor will apply the labo to the g ote ' Foreman XXX HR $75.00 Laborer XXX HR $45.00 ALTERNATE BIDu r The following equipment is to be furnished with operator One tractor bulldozer, size D-5 or 1. equivalent offering. (Make/Model) XXX HR $185.00 4 hour minimum John Deere 650 One self-loading scraper, pan and tractor, 2. XXX HR $500.00 8 hour minimum rubber-tired, 20 cu. yd. capacity. Fee Schedule for RFQ 13-14-407 9 of 11 10/23/2014 09.25.30 AM Master Contract for Utility Construction Services Fry Fee Schedule M Estr Item Item Description Units= Unit Pnce Amount Quant 8 hour minimum and must add mobilization 3. One dragline, 1 Cu. Yd. Capacity XXX HR $450.00 (using alt equipment items/labor required) One road pothole patch crew, including Type S Asphalt- 4. truck and hot mix asphalt, and necessary XXX HR $375.00 Handwork crew to patch potholes. 8 hour minimum and must add mobilization 5. One dragline, 2-1/2 Cu. Yd. Capacity XXX HR $490.00 (using alt equipment items/labor required) 6. One front end loader, 2 Cu. Yd. Capacity XXX HR $150.00 4 hour minimum 7. One front end loader, 3 Cu. Yd. Capacity XXX HR $185.00 4 hour minimum 8 One crawler tractor hydraulic backhoe 3/4 XXX HR $95.00 4 hour minimum Cu.Yd. Capacity 9. 10ne backhoe 1.5 Cu.Yd. Capacity XXX HR $125.00 4 hour minimum 10 One backhoe 3 Cu.Yd. Capacity XXX HR $185.00 4 hour minimum 11. One backhoe 4 Cu.Yd. Capacity XXX HR $225.00 4 hour minimum 12. One backhoe 5 Cu. Yd. Capacity XXX HR $300.00 4 hour minimum 13. Heavy equipment low boy with tractor, XXX HR $135.00 3 hour minimum minimum width 10", 50 ton capacity. 14. One self-propelled vibrating, small size XXX HR $35.00 compactor. One tandem dump truck with sideboards, 15. 12 Cu. Yd. XXX HR $45.00 4 hour minimum 16. One triaxle dump truck, 18 Cu. Yd. XXX HR $55.00 4 hour minimum 17. One tractor trailer dump truck, 20 Cu.Yd. XXX HR $85.00 4 hour minimum 18 One long arm (50' min.) Backhoe 3 Cu. XXX HR $285.00 4 hour minimum Yd. Capacity 19. Welding Machine XXX HR $45.00 20. 1 Portable Generator XXX HR $25.00 21. Quick Cut Saw XXX HR $25.00 22. Asphalt/Concrete Saw XXX HR $45.00 23. Steel Wheel Roller XXX HR $75.00 24. Plate Tamper XXX HR $15.00 25. Pickup w/tools XXX HR $25.00 26. Fuel truck XXX HR $75.00 27. Crane-45 ton XXX HR $200.00 4 hour minimum 28. Bobcat with grapple or excavator XXX HR $100.00 4 hour minimum Fee Schedule for RFQ 13-14-407 10 of 11 10/23/2014 09:25:30 AM Master Contract for Utility Construction Services Fee Schedule Item ` - Item Description Est U`i't's� Unrt Prrce A{mo�un>fr Quan k . .� , _ 29. Boat with motor XXX HR $225.00 4 hour minimum 30. Chainsaw XXX HR $25.00 work item Unit prices include labor, equipment, and materials Unit prices assume small quantity installations-large quantity installations may be negotiated DP Development of the Treasure Coast Digitally signed by Steve Lawless DN:cn=Steve Lawless,o=DP Steve Lawless�Development,ou, --ail=steve @dpdevelopment.net,c=US Date:2O 14.08.20 11:55:04-04'00' Fee Schedule for RFQ 13-14-407 11 of 11 10/23/2014 09:25:30 AM l ®- DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/15/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jeanette Borra 0 Bowen, Miclette&Britt of Sarasota LLC PHONE 407-647-1616 FAA,X 407-628-1635 1020 N Orlando Avenue Suite 200 E-MAIL Maitland FL 32751 .certificates @bmbinc.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co of A 25674 INSURED DPDEVELOPM INSURERB:Travelers Indemnity Company 25658 DP Development of the Treasure Coast, LLC INSURERC:Travelers Ind Co of CT 25682 DP Development of Pompano LLC INSURER D:Brid efield Employers Insurance Co. 10701 2240 NW 22nd Street Pompano Beach FL 33609 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:238657536 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. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y Y C09D389476 /21/2014 3/21/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICYa PRO-- LOC PRODUCTS-COMP/OP AGO $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BA9D341850 /21/2014 3/21/2015 Ea accident IN L LIMIT $1,000,000 Ix ANY AUTO BODILY INJURY(Per person) $ AUTOS NED SCHEDULED BODILY INJURY(Per accident) $AUTOS HIRED AUTOS Ix NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident C X UMBRELLA LIAR X OCCUR CUP345K9689 /21/2014 r3/21/2015 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10,000 $ D WORKERS COMPENSATION 083050504 /21/2014 X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance.The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing:certificates @bmbinc.com When required by written contract,those Parties listed in said contract, including the certificate holder,are added as an Additional Insured, with respect to General Liability, including products and completed operations,and Auto Liability as afforded by the policy and/or See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of West Palm Beach ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Division 401 Clematis Street AUTHORIZED REPRESENTATIVE West Palm Beach FL 33401 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 10/23/2014 09:25:30 AM AGENCY CUSTOMER ID: DPDEVELOPM LOC#: ADDITIONAL REMARKS SCHEDULE Pagel of 1 AGENCY NAMED INSURED Bowen, Miclette&Britt of Sarasota LLC DP Development of the Treasure Coast, LLC DP Development of Pompano LLC POLICY NUMBER 2240 NW 22nd Street Pompano Beach FL 33609 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE endorsements.The General Liability policy certified herein is primary and non-contributory to other insurance available to the certificate holder, but only to the extent required by written contract with the Named Insured.When required by written contract,waiver of subrogation, with respect to General Liability and Auto Liability is granted in favor of Certificate Holder as afforded by the policy and/or endorsements. RE: East Central Regional Water Reclamation Facility. Master Contract.Contract#14561 Certificate Holder includes:the ERC Board,the City of West Palm Beach.and its commissioners, officers,employees and agents ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 10/23/2014 09:25:30 AM COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED— (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part,but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply to 'bodily injury" "prop- the additional insured by this endorsement still is pp y y t ni , p p excess over any valid and collectible "other in- of damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including; an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a claim. To the extent possible, such notice engineering activities, should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 10/23/2014 09:25:30 AM COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we iii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence' or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit" is brought against , named insured as described in paragraph 3. the additional insured, the additional insured above. must: S. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a person or organization as an additional in- receive written notice of the claim or"suit" as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. o= o= o= o Page 2 of 2 ©2005 The St, Paul Travelers Companies, Inc. CG D2 46 08 05 302268 10/23/2014 09:25:30 AM o�� T City of West (Palm Beach °"ror DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that `I6P I r e_aSU re ��UQSF LLC 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 violation 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 this 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 contendre to any violation of Chapter 1893, or of any controlled substance law of the United States, or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance, or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certi that t is firm comp es fully with the above requirements. Authorized Signaure TO I icf_ 1c g`�1/YICy Print Name to - lo - /4 Date 10/23/2014 09:25:30 AM w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: January 22, 2015 SUBJECT: AGENDA ITEM 8.E.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 RESOLUTION NO.07-15:LOCAL AGENCY PROGRAM AGREEMENT(LAP)WITH FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT)/N.E.2ND AVENUE/SEACREST BEAUTIFICATION PROJECT BACKGROUND Consider execution of the Local Agency Program (LAP) Agreement with Florida Department of Transportation (FDOT) for the funding of the NE 2nd Avenue / Seacrest Beautification Project. Project No. 2011-067. The LAP Agreement is to provide for the FDOT's participation in financial assistance to the City, and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. FDOT requires a resolution(Resolution No. 07-15, Exhibit A) authorizing the Mayor to execute the LAP (Exhibit B) on behalf of the City. On January 26, 2012 the City of Delray Beach received Transportation Enhancement Funds for: Historic Del-Ida Park Beautification project for NE 2nd Avenue from NE 4th Street to George Bush Boulevard. On May 7, 2013, Commission gave approval to move forward with design of permanent modifications to NE 2 Ave/Seacrest Beautification Project which is located on NE 2nd Avenue from NW 4th Street to George Bush Boulevard. The project includes the following: - Dedicated Bike Lanes - Decorative Sidewalks - Landscaping - Irrigation - Brick paver Crosswalks - Decorative Lighting The total estimated cost of construction is $1,209,570.00, with $598,340.00 funded by FDOT in Transportation Enhancement funds, $425,000.00 from the Community Redevelopment Agency (CRA) per the CRA/City Interlocal Agreement for Funding Construction/Professional Services FY 2014-2015, and $186,230.00 by the City. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the City Commission is an adoption of Resolution No. 07-15; and to consider execution of the LAP Agreement with MOT for the funding of the NE 2ndAvenue / Seacrest Beautification Project. (Project No. 11-067). TIMING OF THE REQUEST This agreement is time sensitive in order to secure funding and keep the project on schedule. RECOMMENDATION Through a motion, adopt Resolution No. 07-15; and consider approval to execute the LAP Agreement with MOT for the funding of the NE 2nd Avenue / Seacrest Beautification Project. (Project No. 11- 067). Exhibit A RESOLUTION NO. 07-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,APPROVING THE LOCAL AGENCY PROGRAM AGREEMENT FOR THE FUNDING OF NE 2ND AVENUE / SEACREST BEAUTIFICATION PROJECT ALONG NE 2ND AVENUE FROM NE 4TH STREET TO NE 8TH STREET AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Local Agency Program Agreement for the and Funding of NE 2nd Avenue / Seacrest Beautification Project along NE 2nd Avenue From NE 4th Street To NE 8th Street and authorizing the execution of the agreement.;and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Local Agency Program Agreement between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the_day of 12014. CARY D. GLICKSTEIN, MAYOR ATTEST: City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 1 FPN: 431650-1-58/68-01 Fund: TALT, LFP FLAIR Approp: Federal No: 9048-130 C Org Code: 55043010404 FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:93 Contract No: Vendor No: F596000308007 Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 077283737 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and CITY OF DELRAY BEACH hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in NE 2nd AVENUE FROM NE 4th STREET TO GEORGE BUSH BLVD and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "Project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A,B,L,RL,1 are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of the Project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 2 appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP Projects. Removal of All Funds If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Agency, and the Project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before June 30, 2017. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal Highway Administration (FHWA) may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. 3.00 Project Cost: 3.01 Total Cost: The total cost of the Project is $ 1,209,570.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate in the Project cost to the extent provided in Exhibit"B." This amount includes federal-aid funds which are limited to the actual amount of federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: a. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; b. Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d. Department approval of the Project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of$25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 3 "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of$25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed (NTP) from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records of the Agency and all subcontractors performing work on the Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12/14 Page 4 5.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The Agency shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer(CFO) or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: 1. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a Federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit 1 to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F-Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. 2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. 3. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit a-dot.state.fl.us no STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12/14 Page 5 later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). 4. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit a-dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. 5. Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance. 6. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. 7. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit a-dot.state.fl.us C. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 6 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the Project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes) unless the records are exempt. 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof(Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 7 expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty(30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 8 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 11.01 Performance Evaluation: Agencies are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. 11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvement/oversight. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 9 11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. 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 Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 10 such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and subcontracts. 13.08 Right-of-Way Certification: Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 11 13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal 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. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph 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. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516. 13.15 Reimbursement of Federal Funds: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 12 The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. 13.16 E-VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC—12/14 Page 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Name: GERRY O'REILLY, P.E. Title: Title: Director of Transportation Development Attest: Attest: Title: Title: Legal Review: See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/06 Page 14 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 431650-1-58/68-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and The City of Delray Beach Dated PROJECT LOCATION: NE 2nd Avenue The project is X is not on the National Highway System. The project is X is not on the State Highway System. PROJECT DESCRIPTION: Bike Lane/Sidewalk from NE 4t" Street to George Bush Boulevard SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A . (Phase 18 and 28 LAP Agreements) b) Design to be completed by N/A . (Phase 38 LAP Agreements) c) Right-of-Way requirements identified and provided to the Department by N/A (All LAPS requiring R/W) (District will handle all Right of Way activities on LAPS, the date would be set by the necessary timeframe to complete R/W activities. d) Right-of-Way to be certified prior to advertising for Construction. (All Phase 58 LAPS) e) Construction contract to be let by 8/07/15 . (For Phase 58 LAPS). (This date would be prior to the end of the fiscal year that the Phase 58 is programmed in FM) f) Construction to be completed by 6/30/17 . (Phase 58 LAP Agreements) If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. This Project is for reimbursement of Construction and CEI in the year 2014/2015 in the amount of$598,340.00. Upon execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date and fiscal year funding availability. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 09/11 09/11 Page 15 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 431650-1-58/68-01 Cit y of Delray Beach 434 South Swinton Avenue Delray Beach, FL 33444 PROJECT DESCRIPTION Name: NE 2—d Avenue Length: 0.333 Miles Termini: NE 4`h Street to George Bush Boulevard FUNDING (1) (2) (3) TOTAL AGENCY STATE& TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: Total Planning Cost Project Development&Environment(PD&E) FY: FY: FY: Total PD&E Cost Design FY: FY: FY: Total Design Cost Right-of-Way FY: FY: FY: Total Right-of-Way Cost Construction FY: 2014-2015 TALT $534,232.00 $534,232.00 FY: 2014-2015 LFP $548,230.00 $548,230.00 FY: FY: Total Construction Cost $1,082,462.00 $548,230.00 $534,232.00 Construction Engineering and Inspection(CEI) FY: 2014-2015 TALT $64,108.00 $64,108.00 FY: 2014-2015 LFP $63,000.00 $63,000.00 FY: Total CEI Cost $127,108.00 $63,000.00 $64,108.00 Total Construction and CEI Costs $1,209,570.00 $611,230.00 $598,340.00 TOTAL COST OF THE PROJECT $1,209,570.00 $611,230.00 $598,340.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing,when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 1a10 Page 16 EXHIBIT "L" LANDSCAPE MAINTENANCE AGREEMENT(LMA) Paragraph 13.13 is expanded by the following: The Department and the Agency agree as follows: 1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the Agency agrees to: a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; b) Properly mulch plant beds; c) Keep the premises free of weeds; d) Mow and/or cut the grass to the proper length; e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and/or pruning such parts thereof which present a visual hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards. The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA. In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60-day removal period, the Department will become the owner of the unresolved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the project. 4. This LMA may be terminated under any one of the following conditions: a) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written notice; or STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 1a10 Page 17 EXHIBIT "L" (continued) LANDSCAPE MAINTENANCE AGREEMENT(LMA) b) By either party following 60-calendar days' written notice. 5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60-day removal period, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the Department. 8. This LMA shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail, postage prepaid, registered or certified with return receipt requested: a) If to the Department, addressed to: Christine M. Fasiska 3400 W Commercial Blvd Fort Lauderdale, FL 33309 or at such other address as the Department may from time to time designate by written notice to the Agency; and b) If to the Agency, addressed to: Randal L. Kreicarek, P.E. 434 South Swinton Avenue Delray Beach, FL 33444 or at such other address as the Agency may from time to time designate by written notice to the Department. 10. This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the parties dated All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 04/13 Page 18 EXHIBIT "RL" ROADWAY LIGHTING MAINTENANCE AGREEMENT(RLMA) Paragraph 13.13 is expanded by the following: 1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and Compensation Agreement. b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g., high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the facilities (including the poles and any and all other component parts installed as part of the facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary. c) All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices (MUTCD); and (2) All other applicable local, state or federal laws, rules, resolutions or ordinances and Department procedures. 2. Record Keeping The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in such format as is approved by the Department. 3. Default In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided that at no time shall the Department be entitled to receive double recovery of damages: a) Pursue a claim for damages suffered by the Department or the public. b) Pursue any other remedies legally available. c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non-performance within 14 calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions in the event of an emergency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 04/13 Page 19 EXHIBIT "RL" (continued) ROADWAY LIGHTNING MAINTENANCE AGREEMENT(RLMA) 4. Force Majeure Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence, provided the party claiming the excuse from performance has: a) Promptly notified the other party of the occurrence and its estimate duration, b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and c) Resumed performance as soon as possible. 5. Miscellaneous a) The parties understand and agree that the Department has manuals and written policies and procedures which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures will be provided to the Agency upon request. b) Time is of the essence in the performance of all obligations under this RLMA. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/06 08/06 Page 19 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA#: 20.205 Highway Planning and Construction Amount: $ 598,340.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTS). Projects to be funded under the federal-aid highway program are generally selected by state DOTS or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-30 FEDERAL-AID PROJECT FUNDING REQUEST CONSTRUCTION oaioo Page 1 of 2 DATE AGENCY City of Delray Beach FEDERAL-AID PROJECT NUMBER 9048-130-C FIN NUMBER 431650-1-58/68-01 STATE JOB NUMBER TIP PAGE NUMBER PROJECT TITLE NE 22- Avenue Termini 1: NE 4fh Street to George Bush Boulevard Length: 0.333 Miles WORK PHASE: ❑ PLANNING ❑ ENVIRONMENTAL ❑DESIGN ❑ CONSTRUCTION ❑ RIGHT OF WAY AWARD TYPE: D LOCAL F-1 LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on: and reevaluated on: EA/FONSI approved on: and reevaluated on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: Type I Categorical Exclusion determination on: 12/1/14 Type II Categorical Exclusion determination on: Categorical Exclusion Reevaluation on: PHASE TOTAL LOCALAGENCY STATE FEDERALFUNDS PERCENT OBLIGATION DATE ESTIMATED COST FUNDS FUNDING (nearest Dollar) FEDERAL Month/Year (nearest Dollar) (nearest Dollar) (nearest Dollar) FUNDS PLANNING PD&E DESIGN CONST. $1,082,462.00 $548,230.00 $0.00 $534,232.00 49% CEI $127,108.00 $63,000.00 $0.00 $64,108.00 50% TOTAL $1,209,570.00 $611,230.00 $0.00 $598,340.00 49% DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 24' Number of Lanes 2 Bridge Number(s)on Project N/A DESCRIPTION OF PROPOSED WORK ❑ New Construction ❑ 3-R ❑ Enhancement ❑ Congestion Mitigation Bike Lane/Sidewalk Roadway Width 28' Number of Lanes 2 Bridge Numbers(s)on Project N/A LOCAL AGENCY CONTACT PERSON TITLE: Randal L Krejcarek, P.E. Director of Environmental Services MAILING ADDRESS: PHONE: 434 South Swinton Avenue 561-243-7322 Delray Beach, FL 33444 AGENCY ZIP CODE: City of Delray Beach 33444 LOCATION AND DESIGN APPROVAL: BY: Approving Authority TITLE: DATE: 525-010-30 CONSTRUCTION 08/00 Page 2 of 2 AGENCY: PROJECT TITLE: DATE: City of Delray Beach NE 2nd Avenue from NE 4t"Street to George Bush Boulevard ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: An Environmental Determination was completed and approved for the Project. RIGHT OF WAY AND RELOCATION: Right of way acquisition is not required for the Project. THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. AGENCY: City of Delray Beach DATE: By: (Mayor/Chairman) N.E. 9TH ST. �z N.W. 8TH ST. GEORGE BUSH OU LEVA W C) Ld QP Q Q N.E. 7TH ST. �PQ� ST. N.E. 6TH ST. z G� O G� m O z � 3 O N.E. 5TH TERR. � N zo cn - o � o\�F. N.E. 5TH CT. I D 0 N CN 0 N.E. F 5TH ST. Q CL- J o Q U CJ 0 W W W LL: D o Z Z W 0 ° R O A D N.E. 4 H ST. 3 Q Z O Q U O n O Li I 0 N N > > Q Q O Q d o DATE:01/26/2015 CITY of DELRAY BEACH LOCATION MAP cl, ENVIRONMENTAL SERVICES DEPARTMENT NE 2ND AVE/SEACREST BEAUT j E;:Q434 8OLr H SWMON AVENUE,DELRAY BEACH,FLORIDA 33444 2011-067 vi w MEMORANDUM W TO: Mayor and City Commissioners FROM: Randal Krejcarek, Director of Environmental Services Isaac Kovner, City Engineer Tracie Lutchmansingh, Assistant City Engineer THROUGH: Donald B. Cooper, City Manager DATE: January 30, 2015 SUBJECT: AGENDA ITEM 8.F.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 HOLD HARMLESS AGREEMENT/GARBER DELRAY,INC./DELRAY BUICK BACKGROUND Delray Buick is located at 2400 S.Federal Highway,refer to location map. They received a building permit (#14-151879) in late 2014 to construct a new used car building. They planned to utilize an existing sanitary sewer service line that provided service to the construction trailer that was housed in the location of the new used car building. During construction activities, it was determined that the sanitary sewer line needed to be replaced back to the main. Since the main is located on Federal Highway which is in the State of Florida's jurisdiction, a permit from the Florida Department of Transportation (FDOT) is required (refer to Exhibit "A" for a copy of the permit). Since the City will be maintaining that part of the service within the FDOT right-of-way, FDOT requires that the City sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within FDOT right-of-way by the Developer. DISCUSSION Approve Hold Harmless for Delray Buick. TIMING OF THE REQUEST High importance, applicant wants Certificate of Occupancy by end of March 2015. RECOMMENDATION Staff supports approval of Hold Harmless. IrLi $ ar e r y k f'� �-- r F 2400 S. Federal Hwy • ��K f ID 0 HtD Ave F f El veG ER o . co ;��• e 1` A` . . ' ri D Cn r IN W r _ r �E fl tud -- .fie � o Aup r DELRAY BUICK � �� LOCATION MAP ®� Oocumen�Path:S\Eng CADD\GIS\Projects\KrasnoffAerial_of_City mxtl RULE 1446 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-85 UTILITY PERMIT OGC iL 8110 PERMIT NO.: SECTION NO.: 93010 STATE ROAD US 1 1 COUNTY Palm Beach FDOT construction is proposed or underway. ❑ Yes ® No Financial Project ID: Is this work related to an approved Utility Work Schedule? ❑ Yes ® No If yes,Document Number. PERMITTEE: City of Delray Beach ADDRESS: 434 South Swinton Ave. TELEPHONE NUMBER: (561)243-7322 CITYISTATEIZiP: Delray Beach,Florida 33444 The above PERMITTEE requests permission from the State of Florida Department of Transportation,hereinafter called the FDOT,to construct, operate and maintain the following: Replace&repair existing sanitary sewer line for Delray Buick Used Cars from property line to Federal Highway. City of Delray Beach Utility sewer system at 2400 South FROM: 2400 South Federal Hwy, Delray Beach,FL MP 7-527 TO:2400 South Federal Hwy, Delray Beach,FL MP 7-527 Submitted for the PERMITTEE by: Name and Company Contact Information Signature Date (Typed or Printed Legibly) AddresslTelephonelE-Mail(if applicable] 1. The Permittee declares that prior to filing this application,the location of all existing utilities that it owns or has an interest in,both aerial and underground, are accurately shown on the plans and a letter of notification was mailed on to the following utilities known to be involved or potentially impacted in the area of the proposed installation: locates to be called prior to existing sewer service upgrade 2. The local Maintenance or Resident Engineer,hereafter referred to as the FDOT Engineer,shall be notified a minimum of forty eight(48)hours in advance prior to starting work and again immediately upon completion of work. The FDOT's Engineer is located at ,Telephone Number The Permittee's employee responsible for MOT is Telephone Number (This name may be provided at the time of the forty eight(48) hour advance-notice prior to starting work). 3. All work,materials,and equipment shall be subject to inspection and approval by the FDOT Engineer. 4. All plans and installations shall conform to the requirements of the FDOT's UAM in effect as of the date this permit is approved by FDOT,and shall be made a part of this permit, This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 5. This Permittee shall commence actual construction in good faith within 14-21 days after issuance of permit,and shall be completed within 5 days after the permitted work has begun. If the beginning date is more than sixty(60)days from the date of permit approval,the Permittee must review the permit with the FDOT Engineer to make sure no changes have occurred to the Transportation Facility that would affect the permitted construction. 6. The construction and maintenance of such utility shall not interfere with the property and rights of a prior Permittee. 7. It is expressly stipulated that this permit is a license for permissive use only and that the placing of utilities upon public property pursuant to this permit shall not operate to create or vest any property right in said holder,except as provided in executed subordination and Railroad Utility Agreements, 8. Pursuant to Section 337.403,Florida Statutes,any utility placed upon,under,over,or along any public road or publicly owned rail corridor that is found by FDOT to be unreasonably interfering in any way with the convenient,safe,or continuous use,or maintenance,improvement,extension,or expansion,of such public road or publicly owned rail corridor shall,upon thirty(30)days written notice to the utility or its agent by FDOT,be removed or relocated by such utility at its own expense except as provided in Section 337.403(1),Florida Statutes,and except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements, and shall apply to all successors and assigns for the permitted facility. 9. It is agreed that in the event the relocation of said utilities are scheduled to be done simultaneously with the FDOT's construction work,the Permittee will coordinate with the FDOT before proceeding and shall cooperate with the FDOT's contractor to arrange the sequence of work so as not to delay the work of the FDOT's contractor, defend any legal claims of the FDOT's contractor due to delays caused by the Permittee's failure to comply with the approved schedule,and shall comply with all provisions of the law and the FDOT's current UAM. The Permittee shall not be responsible for delay beyond its control. 10. In the case of non-compliance with the FDOT's requirements in effect as of the date this permit is approved,this permit is void and the facility will have to be brought into compliance or removed from the RIW at no cost to the FDOT,except for reimbursement rights set forth in previously executed subordination and Railroad Utility Agreements. This provision shall not limit the authority of the FDOT under Paragraph 8 of this Permit. 11- It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right,title and interest in the land to be entered upon and used by the Permittee,and the Permittee will,at all times,and to the extent permitted by law,assume all risk of and indemnify,defend, and save harmless the State of Florida and the FDOT from and against any and all loss,damage,cost orexpense arising in any manner on account of the exercise or attempted exercises by said Permittee of the aforesaid rights and privileges. 12. During construction,all safety regulations of the FDOT shall be observed and the Permittee must take measures,including placing and the display of safety devices that may be necessary in order to safely conduct the public through the project area in accordance with the Federal MUTCD,as amended by the UAM. 13. Should the Permittee be desirous of keeping its utilities in place and out of service,the Permittee,by execution of this permit acknowledges its present and continuing ownership of its utilities located between and within the FDOT's RAN as set forth above. Whenever the Permittee removes its facilities, it shall be at the Permittee's sole cost and expense. The Permittee,at its sole expense,shall promptly remove said out of service utilities whenever the FDOT determines said removal is in the public interest. 14. In the event contaminated soil is encountered by the Permittee or anyone within the permitted construction limits,the Permittee shall immediately cease work and notify the FDOT. The FDOT shall notify the Permiee of any suspension or revocation of the permit to allow contamination assessment and remediation. Said suspension or revocation shall remain in effect until otherwise notified by FDOT 15. For any excavation,construction,maintenance,or support activities performed by or on behalf of the FDOT,within its R1W,the Permittee maybe required by the FDOT or its agents to perform the following activities with respect to a Permittee's facilities:physically expose or direct exposure of underground facilities, provide any necessary support to facilities and/or cover,de-energize or alter aerial facilities as deemed necessary for protection and safety. Page 1 of 2 RULE 14-4$ STATE OF FLORIDA[DEPARTMENT OF TRANSPORTATION 710-010-55 UTILITY PERMIT OGG EL 8110 16. Pursuant to Section 337.401(2),Florida Statutes,the permit shall require the permit holder to be responsible for damage resulting from the issuance of the permit. The FDOT may initiate injunctive proceedings as provided in s.120.69 to enforce provisions of this subsection or any rule or order issued or entered into pursuant thereto. 17. Pursuant to Section 337.402, Florida Statutes,when any public road or publicly owned rail corridor is damaged or impaired in any way because of the installation, inspection, or repair of a utility located on such road or publicly owned rail corridor,the owner of the utility shall,at his or her own expense, restore the road or publicly owned rail corridor to its original condition before such damage. If the owner fails to make such restoration,the authority is authorized to do so and charge the cost thereof against the owner under the provisions of s.337.404. 18. The Permittee shall comply with all provisions of Chapter 556,Florida Statutes, Underground Facilities Damage Prevention and Safety Act. 19. Special FDOT instructions: It is understood and agreed that commencement by the Permittee is acknowledgment and acceptance of the binding nature of all the above listed permit conditions and special instructions. 20. By receipt of this permit,the Permittee acknowledges responsibility to comply with Section 119.07,Florida Statutes. 21. By the below signature,the Permittee hereby represents that no change to the FDOT's standard Utility Permit form,as incorporated by reference into Rule 14-46.001, for this Utility Permit has been made which has not been previously called to the attention of the FDOT(and signified to by checking the appropriate box below)by a separate attached written document showing all changes and the written and dated approval of the FDOT Engineer. Are there attachments reflecting changels to the standard form? ENO ❑YES If Yes, pages are attached. PERMITTEE City of Delray Beach Randal Krejcarek SIGNATURE BATE: Name&Title of Authorized Permittee or Agent (Typed or Printed Legibly) APPROVED BY: ISSUE DATE: District Maintenance Engineer or Designee UTILITY PERMIT FINAL INSPECTION CERTIFICATION DATE: DATE WORK STARTED: DATE WORK COMPLETED: INSPECTED BY: (Permittee or Agent) CHANGE APPROVED BY: DATE: District Maintenance Engineer or Designee I the undersigned Permittee do hereby CERTIFY that the utility construction approved by the above numbered permitwas inspected and installed in accordance with the approved plans made a part of this permit and in accordance with the FDOT's current UAM. All plan changes have been approved by the FDOT's Engineer and are attached to this permit. I also certify that the work area has been left in as good or better condition than when the work was begun. PERMITTEE: SIGNATURE: DATE: Name&Title of Authorized Permittee or Agent (Typed or Printed Legibly) CC: District Permit Office Permittee Page 2 of 2 Prepared by:Return to: rfi"uiuiiclRtal 3crvice5 LeparunenL 434 S. Swinton Avenue Delray Beach,FL 33444 HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this 0 day of Fi 201�by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and �� , C' , (hereinafter referred to as "DEVELOPER"). WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS,the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above. the parties herebv agree as follows: x 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as ir ' 1�1 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 2 4. DEVELOPER, shall supervise and direct the installation and construction of the utility irnmovpment nnnlvinQ and exnertiaP nq mnv hP nPr.�c.cnry to nerfnrm the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. Any claims, Iawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this infornnation, to the CITY on a C el«ficate of Insurance, shall is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit "A". 9. This agreement shall not be valid unless signed by the City's Mayor and City Clerk. 3 IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk Cary D. Glickstein, Mayor Approved as to Form: By: City Attorney WITNESSES DEVELOPER- By: -�. do Ty e MA 'rint or Type Name) nJ QUA SWI Address: 2y 0 c C„ ,I ems? (Print or Type Name) �r c, e L ; )r -";r Phone: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 200';by =cGa ,r - j�(; � '< (name of officer or agent, title of officer or gent) of .�� ,�- 1 �� _, (name of corporation acknowledging), a FL, (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of ident ication) as i entifiqation and did (did not) take an oath. 101/1) &A lef A- Signature of Not Public- State of Florida TARA L. LYDEN NOTARY PUBLIC,STATE OF W COUNTY OF SAG INAW MY COMMISSION EXPIRES Sep 8,201? 4 ACTING IN COUNTY OF MEMORANDUM TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: January 29, 2015 SUBJECT: AGENDA ITEM 8.G.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 RESOLUTION NO.11-15/FLORIDA DEPARTMENT OF TRANSPORTATION/ MAINTENANCE MEMORANDUM OF AGREEMENT:VENETIAN AND GLEASON SIGNAL BACKGROUND Consider execution of the Maintenance Memorandum of Agreement (MMOA) with the Florida Department of Transportation (FDOT) for the maintenance of the color coated trombone mast arm assemblies (including the upright pole and arm) installed under this project. The Color Coated Trombone Style Mast-Arms are located at the intersections of East Atlantic Avenue at Venetian Drive and Gleason Street(Project No. 14-077 and 14-078). FDOT requires a resolution(Resolution No. 1I- 15, Exhibit A) authorizing the Mayor to execute the MMOA(Exhibit B)on behalf of the City. On December 2, 2014, City Commission approved the Locally Funded Agreement with FDOT for the construction of the color coated painted trombone mast arm assemblies. This agreement addressed the cost differential between the standard mast arm (Palm Beach County standard mono-pole cantilever style) and the City's standard "trombone style" (matching Atlantic Avenue corridor) in the amount of$247,865.40. Installation of signals is tentatively scheduled for late summer 2015. DISCUSSION The item before the City Commission is an adoption of Resolution No. 11-15; and to consider execution of the MMOA with FDOT for the maintenance of the color coated painted trombone mast arm assemblies installed under this project. (Project No. 14-077 and 14-078). TIMING OF THE REQUEST This agreement is time sensitive in order to secure funding and keep the project on schedule. RECOMMENDATION Through a motion, adopt Resolution No. 11-15; and consider approval to execute the MMOA with FDOT for the maintenance of the color coated painted trombone mast arm assemblies installed under this project. (Project No. 14-077 and 14-078). RESOLUTION NO. 11-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE MAINTENANCE MEMORANDUM OF AGREEMENT FOR THE MAINTENANCE OF COLOR COATED TROMBONE MAST ARM TRAFFIC SIGNAL ASSEMBLIES ALONG ATLANTIC AVENUE AT THE INTERSECTIONS OF VENETIAN DRIVE AND GLEASON STREET AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. WHEREAS, THE City of Delray Beach, Florida desires to approve the Maintenance Memorandum of Agreement for the maintenance of color coated trombone mast arm traffic signal assemblies along Atlantic avenue at the intersections of Venetian Drive and Gleason Street and authorizing the execution of the agreement.; and WHEREAS, the City Commission authorizes the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. The City Commission of the City of Delray Beach authorizes the entry into the Maintenance Memorandum of Agreement between the City and the Florida Department of Transportation and authorizes the execution thereof. PASSED AND ADOPTED in regular session on this the_day of 12015. CARY D. GLICKSTEIN, MAYOR ATTEST: City Clerk SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue FLORIDA DEPARTMENT OF TRANSPORTATION - DISTRICT FOUR MAINTENANCE MEMORANDUM OF AGREEMENT This AGREEMENT, made and entered into this day of 2014, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and City of Delray Beach, a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 806/Atlantic Ave; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain highway improvements; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain State Road 806/Atlantic Ave (within the limits of the AGENCY); and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain the color coated painted trombone mast arm assemblies (includes upright pole and arm) within the project limits under Project Number(s) 435299-1-52-01 and 435299-1-52- 02 along State Road 806/Atlantic Ave between Mile Post (M.P.) 8.957 to M.P. 9.040; and WHEREAS, the Project involves the scope of work as described within Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans), which will benefit the AGENCY; and WHEREAS, the AGENCY has agreed to enter into a Local Funded Agreement (LFA) to fund the costs differential to install a trombone mast arm assembly and paint, to be executed concurrently with this AGREEMENT as indicated in Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans); and WHEREAS, the AGENCY has no objection to this project, as indicated in Exhibit C (City of Delray Beach Commitment Letter); and WHEREAS, Palm Beach County (the maintaining signal agency), has no objection to this project as indicated in Exhibit D (Palm Beach County Acknowledgement Letter); and WHEREAS, the parties hereto mutually recognize the need for entering into an AGREEMENT designation and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated 20 , attached hereto and by this reference made a part hereof, desires to enter into this Page 1 of 31 AGREEMENT and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The DEPARTMENT has issued Project Number(s) 435299-1-52-01 and 435299-1-52-02 to install color coated painted trombone mast arm assemblies (includes upright pole and arm) along State Road 806/Atlantic Ave between M.P 8.957 to M.P. 9.040 as detailed in Exhibit A (Project Location and Description) and Exhibit B (Signalization Plans), that will benefit the AGENCY. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the improvements as provided herein. Maintenance by the AGENCY will include repair, restoration, and general maintenance of the color coated painted trombone mast arm assemblies (includes upright pole and arm) within the project limits. Non-standard items are defined as items requested by the AGENCY that are not defined in the DEPARTMENT'S Design Standards. This includes all color coated painted trombone mast arm assemblies (includes upright pole and arm) installed along State Road 806/Atlantic Ave within the project limits as referenced in Exhibit A (Project Location and Description). 1) The AGENCY shall be solely responsible for the maintenance and preservation of all color coated painted trombone mast arm assemblies (includes upright pole and arm) within the project limits. The AGENCY shall inspect the painted color coatings on a yearly basis. All Maintenance or restoration activities shall be performed in accordance with a Maintenance Plan, as approved by the DEPARTMENT, as per the requirements in Exhibit E (Maintenance Plan Requirements). 2) The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, reworking or AGREEMENT termination. The AGENCY shall not change or deviate from the AGENCY's approved Maintenance Plan as referenced in Exhibit E (Maintenance Plan Requirements) without written approval from the DEPARTMENT. 3) The AGENCY shall be solely responsible for any damages to surrounding property, real estate, vehicles, pedestrians, attachments to the light poles, or other assets occurring as a result of maintaining the painted color coating operations and shall repair such damage to the satisfaction of the DEPARTMENT at no expense to the DEPARTMENT. B. It is understood and agreed by the parties that upon "final acceptance" (as that term is described in the Standard Specifications for Roadway and Bridge Construction, as amended by contract documents section 5-11) by the DEPARTMENT of the Project and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of the Project in accordance with the following Federally and State accepted standards (current editions at the time of execution of this AGREEMENT Page 2 of 31 and any amendments hereafter) and all costs related thereto: (a) FDOT Plans Preparation Manual (PPM), (b) Florida Green Book, (c) Standard Specifications for Roadway and Bridge Construction, as amended, (d) FDOT Design Standards and (e) Manual on Uniform Traffic Control Devices (MUTCD). 1) The AGENCY shall be responsible for only the improvements as referenced in Exhibit A (Project Location and Description) immediately after final acceptance of the construction project by the DEPARTMENT. The improvements under this Project are subject to a Warranty Period per DEPARTMENT Specifications Section 649 or as modified. Said Warranty will be transferred and assigned to the AGENCY upon final acceptance of the Project. C. The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or AGREEMENT termination. D. Any work impacting traffic flow on State Road 806/Atlantic Ave must be coordinated with the DEPARTMENT. Lane closures must be submitted for approval in accordance with DEPARTMENT procedures and policies and will meet the goals established in the DEPARTMENT's Open Roads Policy. The DEPARTMENT will not unreasonably withhold consent for work performed by the AGENCY. 4. NOTICE OF MAINTENANCE DEFICIENCIES A. If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DEPARTMENT that the AGENCY's responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may issue a written notice, that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, in care of the CITY OF DELRAY BEACH ENGINEER, to place the AGENCY on notice regarding its maintenance deficiencies. Thereafter, the AGENCY shall have a period of sixty (60) days within which to correct the citied deficiency or deficiencies. If said deficiencies are not corrected within the time period, the DEPARTMENT may, at its option, proceed under one or more or a combination of the following items: 1) The DEPARTMENT may repair any item or a number of items. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 2) If the AGENCY does not maintain the color coated painted trombone mast arm assemblies (includes upright pole and arm), the DEPARTMENT may remove all the color coated painted trombone mast arm assemblies (includes upright pole and arm) and repair any damaged galvanizing with DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 3) The DEPARTMENT may remove or replace any item or number of items with the standard DEPARTMENT item. Corrective actions will be performed with the DEPARTMENT and/or its independent contractor's materials, equipment and personnel. The actual cost for such work will be charged to the AGENCY. 4) At the discretion of the DEPARTMENT, terminate the AGREEMENT in accordance with Paragraph 7 of this AGREEMENT and remove, by the DEPARTMENT or its Contractor's personnel, all of the improvements installed Page 3 of 31 under this AGREEMENT and charge the AGENCY the reasonable cost of such removal. 5. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the improvements covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. 6. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional improvements within the limits of the rights of ways identified as a result of this document, subject to the following conditions: A. Plans for any new improvements shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. B. The AGENCY shall procure a permit and/ or Construction Agreement from the DEPARTMENT, as appropriate. C. All improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. D. The AGENCY agrees to comply with the requirements of this AGREEMENT with regard to any additional improvements installed at no cost to the DEPARTMENT. E. If the DEPARTMENT performs work on the color coated painted trombone mast arm assemblies (includes upright pole and arm) installed as part of this project and causes damage to the painted color coatings, said painted color coatings on the affected color coated painted trombone mast arm assemblies (includes upright pole and arm) will be restored by the DEPARTMENT. 7. AGREEMENT TERMINATION This AGREEMENT may be terminated under any one (1) of the following conditions: A. By the DEPARTMENT, if the AGENCY fails to perform its duties under this AGREEMENT, following ten (10) days written notice. The AGENCY shall reimburse the DEPARTMENT for any expenditures for the installation of said improvements and the cost to remove and or replace said improvement with the standard improvement or remove in its entirety. B. By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this AGREEMENT. C. Only if mutually agreed to by both parties with a six (6) month written notice. 8. AGREEMENT TERM The term of this AGREEMENT commences upon execution by all parties. The term of this AGREEMENT shall remain in effect for Fifty (50) years. 9. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub-consultants, contractors, and/or sub-contractors, such party in any contract for the improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of Page 4 of 31 such agents, consultants, sub consultants, contractors and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: 1) AGENCY'S contractor shall at all times during the term of this AGREEMENT keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name the DEPARTMENT as an additional insured. 2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverages specified herein prior to the beginning performance of work under this AGREEMENT. 3) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide the DEPARTMENT with at least thirty (30) days notice of cancellation and or/or restriction. If any of the insurance coverages will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 10. E-VERIFY REQUIREMENTS The AGENCY shall A. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY for the work performed under this AGREEMENT; and B. Expressly require any contractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 11. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter (painting of mast arms) hereof that are not merged herein and superseded hereby except the Landscape Memorandum of Agreement(s) signed between the parties, as amended, as to all other improvements not specifically mentioned in this AGREEMENT. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering Page 5 of 31 into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 13. DISPUTES The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this AGREEMENT, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. ASSIGNMENT This AGREEMENT may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. LAWS GOVERNING This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and venue and the DEPARTMENT shall determine the forum and venue in which any dispute under this AGREEMENT is decided. 16. NOTICES Any and all notices given or required under this AGREEMENT shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses. If to the DEPARTMENT: If to the AGENCY: State of Florida Department of Transportation City of Delray Beach 3400 West Commercial Blvd 434 South Swinton Avenue Ft. Lauderdale, FL 33309-3421 Delray Beach, FL 33444 District Maintenance Engineer Attention: City Engineer 17. LIST OF EXHIBITS Exhibit A: Project Location and Description Exhibit B: Signalization Plans Exhibit C: City of Delray Beach Commitment Letter Exhibit D: Palm Beach County Acknowledgement Letter Exhibit E: Maintenance Plan Requirements Page 6 of 31 IN WITNESS OF THE FOREGOING, the parties hereto have executed this AGREEMENT effective the day and year first above written. AGENCY By: Chairperson / Mayor Attest: (SEAL) Clerk Approval as to Form Date Attorney Page 7 of 31 IN WITNESS OF THE FOREGOING, the parties hereto have executed this AGREEMENT effective the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Transportation Operations Director Attest: (SEAL) Executive Secretary Approval as to Form Date Office of the General Counsel Page 8 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT A PROJECT LOCATION AND DESCRIPTION A. PROJECT LOCATION • State Road 806/Atlantic Avenue, from Mile Post (M.P.) 8.957 TO M.P. 9.040 • The DEPARTMENT is installing color coated painted trombone mast arm assemblies (includes upright pole and arm) as part of a Signalization Improvement Project at the intersections of State Road 806/Atlantic Avenue @ Venetian Drive and State Road 806/Atlantic Avenue @ Gleason Street, City of Delray Beach, Florida. • The scope of work under this Project is to provide color coated painted trombone mast arm assemblies (includes upright pole and arm) at the locations listed below. The AGENCY will maintain the color coated painted trombone mast arm assemblies (includes upright pole and arm) installed under this Project for the duration of this AGREEMENT. B. DESCRIPTION INSTALLATION OF COLOR COATED PAINTED TROMBONE MAST ARM ASSEMBLIES (INCLUDES UPRIGHT POLE AND ARM) LOCATIONS: • Pole 1: Proposed Pole Location at STA 383+43.03, M.P. 8.957, at NW corner, at West Bound approach, at Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delray Beach, Florida • Pole 2: Proposed Pole Location at STA 383+78.23, M.P. 8.964, at NE corner, at North Bound approach, at Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delray Beach, Florida • Pole 3: Proposed Pole Location at STA 384+35.00, M.P. 8.974, at SE corner, at East Bound approach, at Intersection of State Road 806/Atlantic Ave and Venetian Drive, City of Delray Beach, Florida • Pole 4: Proposed Pole Location at STA 387+39.64, M.P. 9.032, at NW corner, at West Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida • Pole 5: Proposed Pole Location at STA 387+72.53, M.P. 9.038, at NE corner, at North Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida • Pole 6: Proposed Pole Location at STA 387+83.29, M.P. 9.040, at SE corner, at East Bound approach, at Intersection of State Road 806/Atlantic Ave and Gleason Street, City of Delray Beach, Florida Page 9 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT B Signalization plans prepared by DRMP, Inc. dated July 28, 2014 as approved by the DEPARTMENT. SIGNALIZATION PLANS (attached) Sheets Included: PDF Page Plan Sheet Description Number (#) Sheet (#) 16 1 KEY SHEET AND TABULATION OF QUANTITIES 17 2 GENERAL NOTES 18 3 TEMPORARY TRAFFIC CONTROL NOTES 19 - 20 4 - 5 SIGNALIZATION PLAN 21 6 GUIDE SIGN WORKSHEET 22 7 MAST ARM TABULATION SHEET 23 - 24 8 -9 UTILITY LOCATION SHEETS 25 10 MAST ARM ELEVATION 26 - 27 11 — 12 MAST ARM DETAILS 28 - 29 CTL-1 — CTL-2 PROJECT SURVEY CONTROL 30 - 31 GR-1 — GR-2 REPORT OF CORE BORINGS [The remainder of this page intentionally left blank.] Page 10 of 31 SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT C CITY OF DELRAY BEACH COMMITMENT LETTER (attached) [The remainder of this page intentionally left blank.] Page 11 of 31 . - BEREH DELRAY BEACH 6i&ii All-AmericaCity 25 June 2014 Jose R. Guerrero, P.E. 2001 District 4 Traffic Operations Florida Department of Transportation 3400 W Commercial Blvd. Ft Lauderdale, FL 33309 Re: E Atlantic Ave @ Venetian Dr and E Atlantic Ave @ Gleason St Cost Differential to Install Painted Trombone Mast Arm Assemblies City Project Numbers: 14-077 & 14-078 Dear Jose: The City of Delray Beach would like to enter into a Local Funds Agreement to have painted trombone mast arm signal assemblies install at the above two referenced intersections. As part of this project, the new assemblies will be painted a brown color, which is to match the color of the other trombone mast arms on Atlantic Ave. The City commits to funding the $120,000 estimated cost, which is the amount of the differential to install painted trombone mast arms and to maintain the painted surface for the life of the signals. Please forward the Local Funds Agreement to my attention so that we can submit the agreement to City Commission for their review and approval. Sincerely, XI Randal L. Krejcarek, P.E., LEED AP Environmental Services Director/City Engineer Cc Terry Stewart, Interim City Manager Diane Colona, CRA Executive Director file S:IEngAdminlProjectsl2014114-078 -E Atl-Venetian SignallLETTERSitrombone mast arm committment letter.doc SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT D PALM BEACH COUNTY ACKNOWLEDGEMENT LETTER (attached) [The remainder of this page intentionally left blank.] Page 13 of 31 � URxS4* Department of Engineering September 4, 1014 and Public Works P.O.Box 21229 West Palm Beach,FL 33416-1229 Mr. Mark Plass,P.E. (561)684-4000 District Traffic Operations Engineer FAX:(561)684-4050 Florida Department of Transportation,District Four www.pbcgov.com 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 ■ RE: SR-806 (Atlantic Avenue)@ Venetian Drive and Gleason Street,City of Delray Beach Palm Beach County PBC Intersection Nos. TS 53275&TS 53280 Board of County Commissioners Dear Mark: Priscilla A.Taylor,Mayor Palm Beach County has no objection to the City of Delray Beach painting and/or Paulette Burdick,Vice Mayor maintaining the paint finish on the traffic signal mast arms and related structures at the intersections of Atlantic Avenue &Venetian Drive and Atlantic Avenue& Hal R.Valeche Gleason Street. We also do not object to the City of Delray Beach and the Shelley Vana Department entering into a maintenance agreement to perform and/or maintain the mast arm painting in accordance with the District's mast arm painting Steven L.Abrams procedures and any other applicable paint-over galvanized steel structure Mary Lou Berger standards and specifications. County staff would, however, appreciate at least seven (7) calendar day's notification of any scheduled paint finish maintenance less R.Santamaria work to avoid any conflicts with signal equipment maintenance to be performed by our agency. If you have any questions, please feel free to contact me at County Administrator (561)684-4030. Robert Weisman S1 F1 !ly, Dan Weisberg,P.E. Director-Traffic Division cc: Kim Graham,P.E.,Assistant Director,Traffic Division Fattoush N.War,P.E.,PhD.,Signal Design Engineer,Traffic Division Michael L.Ehora,Superintendent,Traffic Operations DW:JE vc File: r ersection#53275&53280 F:\TR AfFIC\Signals\Projects\53280_E Atlantic Ave&Gleason St\FDOT\TS 53275&53280- Mast Arm Maintenance Ltr.docx An Equal Opportunity Affirmative Action Employer' printed on recycled paper SECTION NO.: 93030 FM No.(s): 435299-1-52-01 FM No.(s): 435299-1-52-02 COUNTY: Palm Beach S.R. No.: 806/Atlantic Avenue EXHIBIT E MAINTENANCE PLAN REQUIREMENTS The AGENCY shall submit to the DEPARTMENT a maintenance plan detailing the means and methods for accomplishing repairs to the color coated painted trombone mast arm assemblies (includes upright pole and arm) in accordance with all DEPARTMENT Standards, Procedures and Specifications. This plan must be submitted and approved by the DEPARTMENT prior to commencing any maintenance or repair activities. The plan should at minimum detail how the AGENCY will address the following: 1. Providing for continuous traffic control and necessary traffic control devices as required for the safe movement of traffic of vehicular and pedestrian traffic past the location of the structure being repaired for the duration of the repair in accordance with DEPARTMENT Standards, Procedures and Specifications. 2. Protection of adjacent surrounding property, real estate, vehicles, pedestrians, attachments to the light poles, or other assets during the preparation and recoating of surfaces. 3. Containment of debris or materials used in or resulting from the repair. After the maintenance plan is approved, the AGENCY shall submit a work plan to the DEPARTMENT for approval prior to each repair to be performed detailing: 1. The proposed date of the repair 2. The location of the repair 3. The nature of the repair 4. The materials to be used for the repair 5. 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Q Z 0 O w Z } Lu C) N Q Q a O T U A T L A N T I C A V E N U E ¢ w uJil cy M p M O ¢ Q J a ¢ Z Z �- o > 0 z ¢ o < ° o > ¢ I— m O Q o z ST. Q o MIRAMAR DRIVE p a a C) z 0 U ¢ H U Q a co u > o w Q W a x LLI Lu COCONUT ROW a a ST. IN GRAHAM AVENUE U O J Z OCEAN TERR. I� OCEAN TERR. FMW Q J H 0 0 ST. ': BAY STREET 0 0 j Z U O m o = CITY of DELRAY BEACH LOCATION MAP UATE:11/O6/2014 4 ENVIRONMENTAL SERVICES DEPARTMENT VENETIAN AND GLEASON j •b O©p6 434 SOUTH&MNTON AVENUE,DELRAY BEACH,FLORIDA 33444 vi w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: January 15, 2015 SUBJECT: AGENDA ITEM 8.H.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 CHANGE ORDER NO.4/SEALAND CONTRACTORS CORP./FEDERAL HIGHWAY BEAUTIFICATION PROJECT BACKGROUND Request City Commission to consider Change Order No. 4 to Sealand Contractors Corp. for additional scope of a turn lane, bike lane, additional signs and a thirty (30) day extension of time, in the total amount of$130,509.54 to be paid out of the contract's Undefined General Allowance; for the Federal Highway Beautification Project#2009-009. On December 11, 2012, Commission approved a contract award (Bid #2012-21) to Sealand Contractors Corp., in the amount of $12,486,967.77. The scope of the project includes: general modifications to US-1, reconstruction of two (2) blocks north and south of Atlantic Avenue, milling and resurfacing; new decorative street lighting; bump-outs; drainage modifications; landscaping and irrigation; underground traffic signal interconnect system; signal loop replacement; and water main improvements. The contract includes an Undefined General Allowance of$500,000. On June 4, 2013, Commission approved Change Order No. 1 for construction and material testing, per FDOT specifications which require that the testing be provided by the contractor as opposed to the city contracting with an independent lab for this testing. The testing amount of$96,816.50 was funded out of the contract's Undefined General Allowance. On May 6, 2014, Commission approved Change Order No. 2 for a nine (9) day contract time extension; additional scope/materials to include: utility pipe, barricades and sinkhole repairs. The total cost, in the amount of$56,283.84, was funded out of the contract's Undefined General Allowance. On October 7, 2014, Commission approved Change Order No. 3 for additional work including the installation of water services to vacant properties, removal and replacement of a manhole and repair of leaking piping. The total cost, in the amount of $111,592.56, was funded out of the contract's Undefined General Allowance. This Change Order No. 4 includes additional scope for the addition of a turn lane, with a contract time extension of fifteen (15) days; the addition of a bike lane, with a contract time extension of fifteen (15) days; and an additional four (4) signs as required by FDOT; for a total contract time extension of thirty (30) days. Exhibit "A" (FDOT Work Order) to CO #4 provides a detailed breakdown of the additional work. Change Order No. 4 is in compliance with Code of Ordinance Chapter 36, Section 36.06 (A) (1) and (3). Item attachments for your reference: Change Order No. 4, Allowance Spreadsheet and a location map. DISCUSSION The item before City Commission is approval of Change Order No. 4 to Sealand Contractors Corp. for additional scope of a turn lane, bike lane, additional signs and a thirty (30) day extension of time, in the total amount of $130,509.54 to be paid out of the contract's Undefined General Allowance; for the Federal Highway Beautification Project. TIMING OF THE REQUEST This item is time sensitive; contractor cannot proceed with new additional work items until approved by Commission. FUNDING SOURCE Cost to be funded out of the Contract's Undefined General Allowance; which has a current balance of $235,307.10. RECOMMENDATION By motion approve Change Order No. 4 to Sealand Contractors Corp. additional scope of a turn lane, bike lane, additional signs and a thirty(30) day extension of time, in the total amount of$130,509.54 to be paid out of the contract's Undefined General Allowance; for the Federal Highway Beautification Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 4 PROJECT NO. 2009-009 DATE: PROJECT TITLE: Federal Highway Beautification Project TO CONTRACTOR: Sealand Contractors Corp. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFJCATION: Additional scope and a thirty(30)day extension of time to perform the additional scope listed below and summarized on the attached Exhibit"A"(FDOT Work Order); and detailed on the attached Exhibit`B" (Recommendation Letter from R.J. Behar, Construction Engineering and Inspection Services Consultant). Total net cost of$130,509.54 to be funded out of the Contract's Undefined General Allowance Line Item. Item#I Construction of a Turn Lane;contract time extension of 15 days to perform additional scope Item#2 Construction of a Bike Lane; contract time extension of 15 days to perform additional scope Item#3 Overrun Pay Item No. 153;Per FDOT requirement,add 4 signs SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $ 12,486,967.77 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 12,486,967.77 COST OF CONSTRUCTION CHANGES THIS ORDER $ 0.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 12,486,967.77 TOTAL CONTRACT TIME WILL BE INCREASED BY 30 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is,in my considered opinion, accurate and that the prices quoted are fair and reasonable. Sealand Contractors Corp. (Contractor to sign&seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: NIA—To be funded out of Contract's Undefined General Allowance Line Item DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH,FLORIDA RECOMMEND: By: Environmental Services Cary D.Glickstein,Mayor ATTEST: APPROVED: By: City Attorney City Clerk S�A'Y.E:OF F1.Ck31Gf.C7C:.�1Si!'FfE R Tr�.AF'5F�ATf4Iz#'! #' . CM9?iA.IC7f0W AN : ORK ORMER . . Page t of_ i p or :flrter a Y plernental nl R- Ptbjj ID A g412-=1-58-#f bn-tract. e.AOW2 .. Data 1/2 016' Eta t.N.e,.854teop .. , pGaad N . Sf 15 Gt%tttt d tr r:Sa_a nd rerrtraw tars Corp._ DEaQ IPTI®Al QF W0RK- 1 widening Of 2QQ Ll` altaftg i'jAdera1 Hwy at SE 1 t)th Street tg accd7i;m odate a bike lane and reconftgumfion of Sly tt:Jth Straet between SE 5th and SI 6th ;eve~to improve traf#ic operations. add 4 signs per Ft�OT,requesf RES��l: Additional wark.elements were add fca ttae �rrrgii�al protect scope.:'During t€re design:air d permitting phase the rt? a�tare same 616ments:nt)t cdarsidarad at the southernmost'pra�lfit limit.As per the:G►t and:t= C T`request,the de i r�er issued.a r t ised S of plans:tda %xclude:ikta addition of-a bike lane'and Moduir-atidas to the:l€rterss t orl are 'I t3t�Street: e#vteen SE acart'SE,5ih Ater. bra, during'cdal�mission meetings it,was i�iS�ss0d to modify ttie alraae�y constructed. outside- iane at the-itrte cgpn of 131E 51h Ave.and NE 41h Scree?t:: Revised Plan Sheet Nus. Nth'7, 8,29,3I, _6,x=:8,S 10 S i l�S-�2, 5-� C�-1.�,�-�1;, 5 �2r S-�4,�25 e�_S �6 1 ranted tl :dues to dalays.to contrDiling items of work shown RR a proved work -ct#�dule..AO_tlaps TOTAL ST'QF'v?ORK $1M,50154 Premium Cost Anmar to be paid from:Lump:Surn G infrnger y._S .nr.Pay Item Shown above: War-kAesg..rbad results from a:Dasi in Error G. .Orntssion: e ''_ END `KIIA When#unding by contingency p4 item Fs'4:rrabtr a0k Orders oR a Gantirtg- —F�a'y mean�ou�tialty beginnintg ith 01 €t2,tom.,etc Far arch su ugnt Gontingency&igplerreeri Agreerraent(GSA);rear€the numbe ing of tha dirk Ofdars can tl_t GSA sedlt.entiaily be=ginning mrith 01,G2,03,L-1 G figsts ridge# ork:sleets dcciirrrenling:r egutiatea<d cots'and'Basis for osts affached.. OR -co based inn actual casts ptus.mark-vps as;shoivn in ahDIVU referenced Gdantingancy. Supplernantal Agreerna. work Ales iter niori.g costs attached. If, priar`to execution of this Word Order,the Dapair trnent his not zsesd a Watice to Proceed to the Gontractor;for the work outlined herein,exec lfK)n of ti its document by=fie Department shall serve as the l Tice to Proceed. The Dtpartmertt and lire Contractor agrea that the contract time. ad-iistknent ind sum agreed to in this documerit constitute a ill and complete settierne t of the after3°;set fcat h 'heroin, Including .fall direct and it ei t 'costs tier aWipment,.menpaWer rRaterials,aaverhead,Prrafif,;and delay Wa ing talhe issues set torth In this documeni " � - r Prnted"t�arras- VincenIJ lJr €cs Ir Contractor-ST i ` i itie : Division IgLa �°'"� �� "� F�`' ` , I�riFit€d �trre= .I7avad Rdai'rranda l'ir Tr`DQ )' " Title:. fSentorProiect Eit ineer Rate ardiei d '< & .f�.� ; r.. _ l : P�rtrei P ti tian z $70,940_f0I3I7as A Date - - i�re„-r-f�artirvipa�on. l rem n r s efts c3 t3d 3i.ionW acid tiyt luh,woult not havo mean irmur d 0 the wark esciibed hereae had been included nAhe odgi al ctuitr€i&L At3ech twae; m luoy—g FH.WA partEcapabon Tirri a pi oval is cointirigent upon :additj mal Deist to tb e Depar I of Transporatiost STATE OF FLofwA OEPARTWW OF TRANMRTA=N TQGp10 BO WORK ORDER 0° "W 1 Page 2 of 2 Supplemental Agreement No.' Work Order No.'•4 Fin Proj. ID 420412-1-58-01 Contract No. M-22 Date 1/2312015 F.A.P. No.48M OP Road No. Contractor 5eaiand Contractors Co I] S� CRIPTION OF WORK(continued): 1-.jMd Jurn f.ana ConstructIRD from Sta.101+00 to Ste,102+68 as Lump Sum.Total cost$59,569.54. Add Fifteen(15)calendar days to the contract time as per FOOT Roadway and Bridges Specifications 2010 Section 8- 7.3.2-1 Contract Time E=xtensions for the additional scope added to the project. 2-Add Dike Lane Co struetion from Ste.1799 to Ste.1794 as Lump Sum.Total cost$69,500.00 Add Fifteen(15)calendar days to the contract time as per FOOT Roadway and Bridges Specifications 2010 Section 8- 7.3.2.1 Contract Time Extensions for the additional scope added to the project.This portion of the Change Order will be reimbursed by FOOT. 3-Overrun Pay item ldo.163 00A8-18 .Add 4 Sign Panel to original quantities as per FOOT request during a plan revision.This portion of the Change Order will be reimbursed by FOOT.Total cost$1,440.04. Summary: Ch"e Order 4 Cost S 130.609.54 Total Amount of Chanite Orifer 4-.$130,509.54 Time Extension:Thirty[301 Calendar Days. E R_ .8ehar`: Canipany, fric. January 28 2015: N&'Rafael Ballestero Deputy Director of Construction. City of. Delray Beach: 434 South Swinton Avenue Delray Beach,FL 33:444 RE: .Federal Highway Beautification Project (LAP City. of Delray Beach) FIN: 420412-1-5801 &420412-2,5801 City of Delray Beach.Project: 2009-OW County_ Palm.Beach Contractor: Sealand Contractors Corporation,Inc. Subject. Recommendation.for Approval of Change Order NoA R.M T.ETTER NO_C-037 Please allow this letter to servo .as our reconitimendation to approve the additional wark and. time requested by Sealand Contractors 'Corporation, Inc., related to Change Order Number (4). After almost twenty(20)months of construction on the Federal Highway:Beautification.Project, there have been some additional work elements added to the o giirai. "intended projee# scope. Below is a synopsis cif'each particular item that is being incorporated into this.change order reques I-Adc1-Tum.Lane Construction from Sta..101+00 to Sta.1Q2+68 as Lump SuPL Total cost$59,569.54. Widening of the roadway at NE 10h Street..and.:Federal Hwy to acid a.southbound turn lane to help: traffic movement turning onto Federal Hwy.Adel fifteen.(I5)days.to contract time:. 2-Add Size Lane Construction from Sta,1798 to Sta.1794 as Lump Suomi.Total cost$69,500.00 Widening of Federal Hwy North and,South bound south of SE I Ott Street to,. accommodate a new bike lane that will connect with the existing,bike lane south of the project limits,alo--qg Federal H-wy, Add fifteen(15).days to contract time., 3,Overru Pay ltem:14o.153 (700-49-18). 'Total cost`&1,440.00.Add.4 Sigri Panel to original quantities as per MOT request during:a plan revision-This portion of the Grange Order will be.reimbursed by FDOT. SUMMARY Change Order 4 Costst $130.509.54' Total Amount of Change Order No. 4: 13„ ,509.54. Time Extension: Thirty f30)Calendar hays 6861 &W, 19e Avenue, Suite 302 Pembroke Pines, FL 33332 T61.954-68077771 Fax.954-684-7781 I R.J.Behar. &COMpatty :Inr-. i-1 3j R.J.. Behar & Company (R.J, Behar) has reviewed the change order No. 4 doemnentation and recommends at.this:time to the CAY.of Delray Reach their consent forapproval. Sho-uld you have any pestions regarding this proeress estimate,please feel flee to contact me. Sincerc f & &POTWANY,INC. Z lf� David.Q.R- o i:an PE Sr. Project Engineer. 6861 S.W. l9eAvenue, Soite302 Pembroke Piries, FL 33332 Tel.954-680-7771 FaxAM-680-7781 —---------- Pro Q.s sal Front: Sealand Contractors Corp. Project: FEDHWYTURNLANE 5701 N Dixie Hwy Description: Added Turn Lane 2nd Floor Boca Raton, FL 33487 ITEM / DESCRIPTION BID QTY . AMOUNT 021 1.000 LS Mobilization 022 1.000 LS Maintenance of Traffic 023 210.000 LF Sediment Barrier 024 1.000 EA Inlet Protection System 025 0.090 AC Clearing & Grubbing 026 1.000 LS Regular Excavation 027 169.000 SY Stabilization (Type B) 028 169.000 SY Optional Base, Base Group 09 029 387.000 SY Milling Exist Asph Pavt, 1" Depth 030 19.000 TN Superpave Asphaltic Conc, Traffic C 031 30.000 TN Asph Conc Fc, Traffic C, Fc-9.5, Rubber 032 187.000 LF Concrete Curb &Gutter, Type F 033 303.000 SY Performance Turf 034 1.000 LS Painted Pavement Markings, Final Surface Sealand Contractors Corp. Proposal ITEM 1 DESCRIPTION BID CITY U/M AMOUNT 035 0.071 NM Solid Traffic Stripe (6" White) 036 3.000 LF Solid Traffic Stripe (24" White) 037 1.000 EA Directional Arrows, Painted 038 0.434 NM Solid Traffic Stripe (6a Yeliow) TOTAL. BID: $59,569.54 Price reflects Lump Sum Quote for work shown in plans transmitted to Seaiand Contractors Corp. on 2/10/2014. Any additions, changes in scope or deviations from said plans will require a re-evaluation of the Lump Sum Price provided. Re--evaluation may include request for additional compensation and additional contract time Cn�l�nri f�nn�r�n�nr� !`nrn Proposal Totals Base Bid $59,569.54 Signature: . C'ar�Ionrl f nn#r�nkn ro !"`n rn SUMMARY OF PAY ITEMS Based an ReVisian I plan set City of Delray Beach Project:2009-009 Federal Highway Beautification From South of 10th Street to North of George Bush Boulevard 73fANLANE-SE.14TH STREET°:' s € - ITEM DESCRIPTION UNIT QUANTITY 0101 1 MOBILIZATION LS 1 0102 1 MAINTENAN CE OF TRAFFIC LS 1 010410 3 SEDIMENTBARRIER LF 210 010418 INLET PROTECTION SYSTEM EA 1 0110 1 1 CLEARING&GRUBBING AC 0.09 0120 71 REGULAR EXCAVATION(3-11 PROJECTS ONLY} LS 1 REGULAR EXCAVATION Cy 25 - EMBANKMENT CY 19 0160 4 TYPE B STABILIZATION SY 159 0285709 OPTIONAL BASE,BASE GROUP 09 SY 169 032770 1 MILLING EXIST ASPH PAVT,1"AVG DEPTH SY 387 0334 113 SUPERPAVE ASPHALTIC CONC,TRAFFIC C TN 19.0 0337 732 ASPH CONC FC,TRAFFIC C,FC-9.5,RUBBER TN 30.0 4520 110 CONCRETE CURB&GUTTER,TYPE F LF 187 o570 1 2 PERFORMANCE TURF,SOD SY 303 071090 PAINTED PAVEMENT MARKINGS,FINALSURFACE LS 1 - PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,SOLID,6" NM 0.071 PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,SOLID,24" LF 3 PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,ARROWS EA 1 PAINTED PAVEMENT MARKINGS,STANDARD,YELLOW,SOLID,6" NM 0.434 K:\BCD_Roadway\044300418_USl_Delrayfinal\KHA Files\Estimates\ReV1 Estimate\TURN LANE(Sum of Pay Items),xksx SUMMARY OF EARTHWORK 137=UI 1 PN A, TJ J f3`:N LA I @`SE]-0 T-R: E1`(sTAA-,06,00.',i S7A EMBANKMENT EASTBOUND FILL 12.41 CY FILL ADJUSTMENT(+20%) 14.89 CY TRUCK ADJUSTMENT(+25%) 19 CY TOTAL 19.00 CY _ EXCAVATION EASTBOUND VOLUME 24.17 CY TOTAL 24.17 CY TOTAL EMBANKMENT 19.00 CY ITOTAL EXCAVATION 24.17 CY K:\BCD_Roadway\D44300018_US1_DelrayfnaI\KHA Fifes\Estimates\Rev1 Estimate\Earthwork_Revl TURNLANE.xlsx Turn lane.txt +----------------------------------------------------------------------------------- ----------------------------+ I I I Pay Items List I I Date:2/18/2014 7:40:33 PM File Name:K:\BCD_Roadway\044300018_US1_Delrayfinal\KHA Files\Estimates\Rev[ Esti I I 1 +-------------------------------------------------------_--------------------------- +---------------------------+ I I I 1 1 Item No. I Description Unit I Quantity I I I I I --------------------------------------_----+-----------------------------------_----- +-------------+--------------r 1 0520 1 10 (Concrete Curb & Gutter, Type F I LF I 186.900 1 1 0160 4 (Type B stabilization SY I 168.600 1 0285709 [Optional Base, Base Group 09 SY I 168.600 I 1 0334 1 13 Isuperpave Asphaltic Concrete (C) I TN I 14.930 I 0327 70 1 IMilling Exist Asph Pavt, 1" Avg Depth SY I 386.100 I 1 0337 7 42 (Asphaltic Concrete Friction Course TN j 25.740 1 1 [ (Traffic C, FC-9.5, PG76-22, l I I IPMA)(110lb/sy) 0110 1 1 1 1 (Clearing & Grubbing I AC I 0.089 1 1 0570 1 2 IPerformance Turf, Sod 1 SY I 302.100 1 +------------------------------------------------------_-_--------------------__-_-- +-------------+-------------+ Page 1 Turn lane(stri ping) .txt ------------------------------------------------------------------------------------ ----------------------------+ I J Pay Items List I I Date:2/19/2014 8:28,30 AM File Name:K:\BCD_Roadway\044300018_US1_Delrayfinal\KHA FileS\Estimates\Rev1 Esti I I I +-----------------------------------------+----------------------------------------- +-------------+--------------F I I I I I Item No. I Description Unit I Quantity I I I ( I +-----------------------------------_----_------------------------------------------- f-------------+-------------+ { 0710 11111 IPainted Pavement Markings, White, solid, NM I 0.071 I I6 ' 0710 11211 I I IPainted Pavement Markings, Yellow, Solid NM I 0.043 I I 16" 1 0710 11125 I I IPainted Pavement Markings, White, solid, LF 3.000 [ I 124" 1 0710 11170 I IPainted Pavement Markings, Arrows (Right EA I 1.000 I IDirectional Arrow) I I I +-----------------------------------------+----------------------------------------- +-------------+-------------+ Page 1 Proposal From: Sealand Contractors Corp. Project: FEIDHWYBKLANE 5701 N Dixie Hwy (Description: Added Bike Lane 2nd Floor Boca Raton, FL 33487 ITEM / DESCRIPT110N BID QTY U/M AMOUNT 001 1.000 LS Mobilization 002 1.000 LS Maintenance of Traffic 003 565,000 LF Sediment Barrier 004 0,150 AC Clearing & Grubbing 005 1.000 LS Regular E=xcavation 006 129.000 SY Stabilization (Type B) 007 145.000 SY Prepared Soil Layer, Finish Soil Layer, 12° 006 231.000 SY Optional Base, Base Group 01 Sealand Contractors Corp. Proposal ITEM / DESCRIPT)ON BID OTY UIM AMOUNT 009 102.000 SY Optional Base, Base Group 09 010 329.000 SY Milling Exist Asph Pavt, 1" Depth 011 34.000 TN Superpave Asphaltic Conc, Traffic C 012 35.000 TN Asph Conc Fc,Traffic C, Fc-9.5, Rubber 013 217.000 SY Performance Turf 014 1.000 LS Painted Pavement Markings, Final Surface 015 0.033 NM Solid Traffic Stripe (6" White) 016 0.086 GM Skip Traffic Stripe, (White) (10-30`) 017 36.000 LF Painted Pavement Markings, Standard, White Dotted/Guideline/6-10 Gap, Extension, 6" 018 1.000 EA Pavement Message Painted 019 1.000 EA Directional Arrows, Painted Sealand Contractors Corp. Proposal ITEM / DESCRIPTION BID OTY U/M AMOUNT 020 0.022 NM Solid Traffic Stripe (8" Yellow) TOTAL BID: $69,500.DD Price reflects Lump Sum Quote for work shown in plans transmitted to Sealand Contractors Corp. on 2/1 012014. Any additions, changes in scope or deviations from said plans will require a re-evaluation of the Lump Sum Price provided. Re-evaluation may include request for additional compensation and additional contract time Sealand Contractors Corp. Proposal _ Totals Base Bid $68,500.00 Signature: Sealand Contractors Corp. SUMMARY OF PAY ITEMS Based an Revision I plan set City of Delray Beach Project;2009-009 Federal Highway Beautification From South of 10th Street to North of George Bush Boulevard !'�BIKELANE-SE`6Tf�E,A1dENiJE�` _ - _ ITEM DESCRIPTION UNIT OUANTiTY 0101 1 MOBILIZATION LS 1 0102 1 MAINTENANCE OFTRA�FIC LS 1 010410 3 SEDIMENT BARRIER LF 56S 0110 1 1 CLEARING&GRUBBING AC 0.15 012071 REGULAR EXCAVATION(3-11 PROJECTS ONLY) LS 1 REGULAR EXCAVATION CY 3 EMBANKMENT CY 13 0150 4 TYPE B STABILIZATION SY 129 0162 112 PREPARED SOIL LAYER,FINISH SOIL,12" SY 14S 0285701 OPTIONAL BASE,BASE GROUP 01 SY 231 0285709 OPTIONAL BASE,BASE GROUP 09 SY 102 0327 70 1 MILLING EXIST ASPH PAVE,1°AVG DEPTH SY 329 D334 113 SUPERPAVE ASPHALTIC CONIC,TRAFFIC C TN 34.0 D337 7 32 ASPH CONC FC,TRAFFIC C,FC-9_S,RUBBEA TN 35.0 0570 1 2 PERFORMANCE TURF,SOD SY 217 0710 90 PAINTED PAVEMENT MARKINGS,FINAL SURFACE LS 1 - PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,SOLID,5" NM 0.033 PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,SKIP, 6",10-30 OR 3-9 SKIP GM 0.086 PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,DOTTED/GUIDELINE/6-10 GAP EXTENSION,6" LF 36 PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,MESSAGE EA 1 PAINTED PAVEMENT MARKINGS,STANDARD,WHITE,ARROWS EA 1 PAINTED PAVEMENT MARKINGS,STANDARD,YELLOW,SOLID,6" NM 0.022 K:\BCD_Roadway\04430D01S_US1_Delrayfinal\KHA Files\Estimates\ReV1 Estimate\BIKELANE(Sum of Pay ltemsJxlsx F SUMMARY OF EARTHWORK _ � RJ«�lISLOTV� BJ�'LANE.@ SE Ia�E�AVENLJf��TA-.].794�4 0D�ri�TA:1�;95+.�4.[3I�� EMBANKMENT NORTHBOUND FILL 8.57 CY FILL ADJUSTMENT(+20%) 10.28 CY TRUCK ADJUSTMENT(+25%) 13 CY TOTAL 13.00 CY EXCAVATION NORTHBOUND VOLUME 2.43 CY TOTAL 2.43 CY TOTAL EMBANKMENT 13.00 CY TOTAL EXCAVATION 2.43 CY K:\BCD_Roadway\044300018_US1_Delrayfinal\KHA Files\Estimates\Rev1 Estimate\Earthwork_Rev1_BIKE LAN E.xlsx Bikelane.txt +----------------------------------------------------------------------------------- -----------------------------t- I I Pay Items List I Date:2/19/2014 11:26:6 PM File Name:K:\BCD_Roadway\044300018—US1_Delrayfinal\KRA Files\Estimates\Reel Esti I I I -E----------------------------------------------------_------------___---------------- ----------------------------+ [ I I I I [ Item No. I Description ( Unit I Quantity I I I I I I ------------------------------------------+----------------------------------------- --------------+-------------+ 1 0104 10 3 Isediment Barrier (staked Silt Fence) 1 CF I 564.200 1 1 0160 4 IType B stabilization I SY I 128.400 1 1 0570 1 2 (Performance Turf, sod I SY I 216.800 1 1 0327 70 1 IMilling Exist Asph Pavt, 1" Avg Depth I SY 1 328.500 I 1 0334 1 13 [5uperpave Asphaltic Concrete (C) I TN I 29.610 I 1 0337 7 42 [Asphaltic concrete Friction Course TN I 30.610 I I I (Traffic C, FC-9.5, PG76-22, I I I I I PMA)(1101 b/sy) I I [ 1 0285701 loptional Base, Base Group 01 [ SY I 231.000 1 1 0162 1 12 (Prepared Soil Layer, Finish Soil Layer, 1 SY I 144.800 1 I 112 I l I 1 0110 1 1 (Clearing & Grubbing I AC [ 0.145 1 1 0285709 10ptional Base, Base Group 09 1 SY I 101.600 1 +-----------------------------------------+----------------------------------------- +---------------------------+ Page 1 Bike lane(Striping).txt +---------------------------------------------------------------------------------- ------------------------------ I I Pay Items List I I Date:2/18/2014 9:28:37 PM File Name:K:\BCD_Roadway\044300018_US1_Delrayfinal\KHA Files\Estimates\Revl Esti I l I +----------------------------------------------------------------------------------- +-------------+-------------f f I l I 1 [ Item No. I Description { unit I Quantity I I I I I I --------------------------------------------+----------------------------------------- --------------+-------------+ 1 0710 11111 [Painted Pavement Markings, white, solid, I NM [ 0.033 [ I 16„ I I I 1 0710 11151 IPainted Pavement Markings, white, Skip, LF [ 36.000 I 1 16" (2/4) I f i 1 0710 11211 IPainted Pavement Markings, Yellow, solid NM f 0.022 I I 1 6„ I E I 1 0710 11131 IPainted Pavement Markings, white, Skip, GM 1 0.086 I I 16" (10/30) I I I 1 0710 11170 IPainted Pavement Markings, Arrows (BIKE i EA I 1.000 I I IThru Arrow) I I I 1 0710 11160 IPainted Pavement Markings, Pavement I EA I 1.000 [ I IMessage (Bike Symbol) I I I +----------------------------------------------------------------------------------- +-------------+--------------t- Page 1 January 95, 2095 Construction Project Detailed Allowances Spreadsheet Project Information: Federal Hwy Beautification PIN 2009-009 Contractor: Sealand Contractors, Corp. Contract Allowance Current Allowance Item Allowance Date Date Amount Amount Balance Requested Approved i Line Item 941 -Undefined General Allowance $500,000.00 Cost for Quality Control testing services; per contract;to meet FDOT and Federal Highway Administration guidelines for quality $96,816.50 $403,183.50 614!2013 6/20/2013 construction. Approved by Commission on June 4, 2013. Change Order No. 2 for a nine(9)day extension of time;and additional or change of work items. $56,283.84 $346,899.66 4/14/2014 5/21/2014 Approved by Commission on May 6,2014. Change Order No. 3 for a nine(9).day extension of time;and additional or change of work items. $111,592.56 $235,307.10 8/29/2014 11/24/2014 Approved by Commission on October 7, 2014. TOTAL ALLOWANCE AMOUNTS $500,000.00 $264,692.90 $235,307.10 Additional Information: In addition to the above items;the foilowina has been added to the Contract: None Additional Project Expenses Not Added to the Contract: -RJ Behar Agreement for Construction Engineering and Inspection Services, as required by FDOT; approved by Commission on 01103113. $1,203,419.25 -RJ Behar Amendment No. 1 to the Construction Engineering and Inspection Services Agreement;to perform verification testing, as required by FDOT; approved by Commission on 06104113. $16,050.00 $1,219,469.25 �L r,rmk�J - 3 - ;: cu ice,,,- - '-.,•'- 96-1 m - - — : c� w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department Randal Krejcarek, Director of Environmental Services Department Isaac Kovner, City Engineer THROUGH: Donald B. Cooper, City Manager DATE: January 16, 2015 SUBJECT: AGENDA ITEM 8.I.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 CONTRACT AWARD/BARWICK ROAD GUARDRAIL/SOUTHEAST GUARDRAIL AND ATTENUATORS(SGA) BACKGROUND Consider a recommendation to award a PiggyBack Contract to Southeast Guardrail and Attenuators (SGA) in the amount of $71,325 (Exhibit A) for the installation of Guardrail along Barwick Road beginning at Lake Ida Road and continuing east 2700 L.F. to Sable Lakes Road(Exhibit B). At the 10/03/14 Regular Commission Meeting, Commission approved the recommendation to proceed with the installation of guardrail along Barwick Road. Staff proceeded with the Procurement of a PiggyBack Contract with Palm Beach County for the construction of the guardrail. Palm Beach County has an Annual Guardrail Contact (Palm Beach County Project No. 2014051, Exhibit C) with SGA as the Contractor. Award is in compliance with Chapter 36, Section 36.02, (7)(C). SGA submitted a quote in the amount of$71,325 based on Unit Cost Items associated with PBC Project No. 2014051. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION A request for City Commission to consider a PiggyBack Award to Southeast Guardrail and Attenuators in the amount of$71,325 for construction of a protective Guardrail along Barwick Road from Lake Ida Road to Sable Lakes Road (Palm Beach County Project No. 2014051). TIMING OF THE REQUEST The timing of this request is of high importance to complete the Guardrail before Spring Break of 2015. FUNDING SOURCE Funding is available from Accounts 334-3162-541.65-36 (General Construction Fund/Road & Street Facilities/Barwick Road). RECOMMENDATION By motion, approval for City Commission to execute a PiggyBack Contract to Southeast Guardrail and Attenuators in the amount of $71,325 for construction of a protective Guardrail along Barwick Road from Lake Ida Road to Sable Lakes Road(Palm Beach County Project No. 2014051). -...C.-M2 r Estimate . ;a�.: _r € s Date lstimats , 776 Houk fwat FI 334:x'3 111612015 PROJECT CrrY OF DEL.RA1 � -: D �x� � J= DESCRIPTION B_ WICK TO&LAKE IDA IM M � `, F N PROJECT X10 Pl(Xnj1.BACK PBC.0TJN-TY 2014051 lod PALM BEACH � g �� lr C4JNT( C;AL I}AYS' Item Descnl tl&1 Qty Un1t Price Ulm.. Total 39: GUA DT;_t1:ILPANEL 101-300 2,701 20-00 I A 54,000.00 42 STOP B04T 75 23,f10; : 1,725.00 13 TYPE SKT FLEAT ARALLEL 15 ?,60.00 EA 15,600.40 **'vPRICES BASER ON,Vi,AJ K THRU M 1-14-154" ,spF_C[AL SI'£EL POSTS MAY BE NERDED TO AVOID UTE-ITY CONFLICTS-LTSE rrE 11:54 @$.75.00:EAC.H** *"*5AFF-'T PIPERAiL.i5,APPRO T.MAT.;-Qt-IANTITIES ONLY" Total $711325,01 ['s=ent_ Tlie followingto be.perfoiiiieclb}others: Maintenznce of Traffic:,Miscp,lianeous Amhalt Pauli'Work around pests.all Concrete Nvork� Ehcazation,'T3acI i1I Shaping,Gradin and De-watering for any End An&ora-.e Assernblv.- C:nst fbr any;wds upeded are not included.=,n this price: N��te :' -No mat ordered car vrork scheduled wirhout SIGNED QUOTE AN1)NOTICE TO OIAN FR J1\1F . SUBMI717TED BY;.. 'I : COMPANY: ACCEPTANCE SIGNATURE: YRII 'I'FD-SIGN t13T_TT.Er BATE: : ra CANAL L-30 D DAMSON WAY SATIN LEAF HIGHGATE DRIVE � JIMO x 6 a PINE TREE DRIVE v O ¢OPO RIVE N a U SUNRISE BOULEVARD �P�gtlC A c� �5 PALM R OGE BO ARD BEKLEY PARK RANCH ABAL y4 Y Y U N. MAGNOLIA C n ¢ LAURELWOOD LANE rl � V U �p�ES ROAD 33 RDA ABAL a � ¢ p SEA GRAPE CIRCLE O V O zs a a S. MAGNOLIA CIR. SEA GRAPE CIRCLE LANCEWOO E CANAL L-31 rn 0 Q N.w. N.w. � O CD N.W. 10TH ST. 30Th ST. v CD ¢Q GF �yti 3 O O O N.W. 91H ST IV, Q a o yy$ COUNTRY MANORS ROAD C7, 'O � 3 ° 777i z Y �r DpWL4�p,F. O O _01RO O CARDINAL p N' u �r W > ML NA 73H L C'T Lot LANE o 3 O O z v7 E! L A K E I D A R 0 A D LLLLLL C=S 6TH ¢ CT- a N.W.6Th'C. AVENUE MONTRESOR AVENUE VlLL I � � a W. o ro N � m U 6TH CL ° CITY of DELRAY BEACH op :11'24'2014 em ENVIRONMENTAL SERVICES DEPARTMENT BARWICK ROAD FILENAME— / 434 SOUTH SWINrON AVEME,DRJ!AY BEACH,FLOWA 38444 LOCATION MAP 15-058 _ a T T E N1 U AT West Palm 13.LePo, PhDrTe. X561)792-CA40 .Pax: Issac kavner, P.E. City of Delray Beach Environmental Services Dept. 434 S. Swinton Ave. Delray Beach, Fl. 33444 Reference: Piggy Back Palau Beach County.Project Subject: Barwick Rd. &Lake Ida Dear Issac Kovner. This is.a letter to confirm Southeast Guardrail's interest in contracting with the city of Delray. Beach utilizing the Palm.Beach Cou=3ty Contract Southeast Guardrail will comply with Ordinance No. 29-13, Chapter 36, Section 36.02(7)(c) with respect to contracts relating to both labor and materials. Southeast Guardrail certifies that the price and rates. for both labor and inaterials, represents the lowest price or rate for the non-real property,goods or services of any contract between Southeast Guardrail and any other government entity with the s#ate. Respectfully, Debra Ricci President Southeast Guardrail PALM BEACR COUNTY, A PROJECT PROJECT NAME: ANNUAL GUARDRAIIL CONTRACT NO.: 2014051 C®-vex NOTICE TO BIDDERS A P MEETING WILL BE HELD OIL THURSDAY, MAY 23, 2013 AT 10:00 AM. AT THE ENGINEERING & PUBLIC WORKS DEPARTMENT IN THE THIRD FLOOR MAIN CONFERENCE ROOM (3W-12) LOCATED AT 2300 NORTH JOG ROAD ST PALM BEACH, FLORIDA, 33411-2745 IF THERE ARE ANY QUESTIONS CONCERNING THIS MEETING, PLEASE CONTACT THE OFFICE OF ROADWAY PRODUCTION AT 684.4150 A NOTICE TO CONTRACTORS Sealed Bids will be received by the Board of County Commissioners, Palm Beach County, Florida, in the Office of Palm Beach County Engineering& Public Works Department, Roadway Production Division, located at 2300 North Jog Road, Third Floor Room 3W-33, West Palm Beach, Florida, 33411-2745, up to 2:00 P.M., local time, and opened in the Third Floor Conference Room (3W-12) on Tuesday,_Jayne 11, 2013, for furnishing all materials, labor,equipment and supplies necessary for the ANNUAL GUARDRAIL CONTRACT PALM BEACH COUNTY PROJECT NO. 2014051 To better manage document disbursement for the bid process, Palm Beach County Engineering (Roadway Production) will make bid documents available utilizing "Electronic Bid Documents". Bid documents are posted on the following Palm Beach County/Roadway Production Division web site: http://www.pbcgov.com/engineerinL�/roadwayprodaction/roadwav,lecess/index.htm To review the bid documents for this project, go to the above URL and click on the project hyperlink. Contractors may then download and print the bid documents (plans, specifications, Excel proposal forms, check list "with required forms"and any other related documents). It is recommended that all bidders download and submit a disclosure farm for each project of interest. This information is used to notify bidders via email of project information updates (Addendums, bid date changes, etc.). The disclosure form download is also available on the website listed above. Hard copy documents will be available at the Department for a non-refundable service fee of $25.00. The Contractor shall contact Palm Beach County Roadway Production Division at (561) 684-4150 in advance to arrange for hard copies. On October 1, 2002, the Board of County Commissioners adopted Ordinance No. 2002-064 (Small Business Enterprise Program) which provides for the establishment of Small Business Enterprise (SBE) goals. The minimum SBE participation for all County solicitations, inclusive of all alternates and change orders is set at an annual goal of 15%. The goal is a minimum, and no rounding will be accepted. All bids shall be submitted in accordance with General Provision Section 2 and accompanied by the documentation referenced therein, at a minimum. The Pre-Bid Conference will be held on Thursdal, May 23 2013 at 10:00 A.M., in the Third Floor Main Conference Room (3W-12) in the Palm Beach County Building at 2300 North Jog Road, West Palm Beach, Florida. The Contractor shall perform,with his own organization,not less than 50%of the total contract amount. Bids requested shall be set forth in the Proposal and the Proposal Form attached to and forming a part of the Specifications. The Board of County Commissioners reserves the right to reject any or all bids. By order of the Board of County Commissioners,Palm Beach County,Florida. ATTEST: BOARD OF COUNTY COMMISSIONERS SHARON R.BOCK,CLERK&COMPTROLLER PALM BEACH COUNTY,FLORIDA GEORGE T.WEBB,P.E.,COUNTY ENGINEER BY: Steven L.Abrams, Chainnan PUBLISH: PALM BEACH POST SUNDAY: May 12,2013 SUNDAY: May 19,2013 B MEX COVER SHEET COVER PRE-BID NOTICE A, NOTICE TO CONTRACTORS B INDEX C INSTRUCTIONS TO BIDDERS ITB-1 -ITB-4 SPECIAL PROVISIONS SP-1 - SP-9 RFI'S (CONTRACTOR REQUESTS FOR INFORMATION) RFI - TECHNICAL SPECIAL PROVISIONS (IF APPLICABLE) TSP-1 -TSP-3 STANDARD SPECIFICATIONS SS-1 GENERAL PROVISIONS GP-1 - GP-84 SBE BID DOCUMENT LANGUAGE SBE-I - SBE-5 PROPOSAL P-1 -P-7 PALM BEACH COUNTY LOCAL PREFERENCE ORDINANCE LP-1 -LP-2 LIVING WAGE REQUIREMENTS LW-I -LW-4 SCRUTINIZED COMPANIES SC-1 BID BOND BB-1 -BB-2 CORPORATION CERTIFICATE CC-1 CONTRACT C-1 -C-2 PUBLIC CONSTRUCTION BOND PCB-1 -PCB-3 CERTIFICATE OF INSURANCE CI-1 SBE MIWBE PAYMENT CERTIFICATION FORM PC-1 -PC-2 C The Contractor shall take into account all contingent work whic!) has to be done by other parties arising from any cause whatsoever, and shall not plead his want of�,nowledde of such contingent work as an excuse for delay in his work, or for its non-performance. IN WITNESS WHEREOF, the parties have caused this Contract to be executed and sealed the day acid year first written above. ATTEST: SP 102013 SHARON R. BOCK, PALM BEACH COUNTY, FLORIDA, a Clerk & Comptroller Political Subdivision of the State of Florida fi �-...... F{,r BOARD OF COUNTY COMMISSIONERS r r� `t B = By: - DeputyIt 04 � S-- even L. Abrams, Mayor APPRO ED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS (witness signature) (Corporate Name) a corporation (witness name printed) (insert state of incorporation) By &Z14 GG (witness signature) (signature) -- _ X11/4� ' (witness name printed) (print signatory's name) Itsc?�i (Print title) ; (date of execution) (Corporate Seal) C-2 INSTRUCTIONS TO BIDDERS Prospective bidders are hereby advised that Division I of the current Standard Specifications for Road and Bridge Construction 2010 (and as amended herein) shall serve as instructions to bidders along with the following: 1. LAWS AFFECTING PUBLIC WORK: The attention of bidders is called to the necessity of being familiar with the various Federal, State and Local Laws affecting the prosecution of the work. As outlined in Section 2-11, Palm Beach County Administrative Code Section 305.02 & 402.00, and Purchasing Ordinance 2005-062, the County is responsible to assure the qualifications of any or all prospective contractors. 2. NONDISCRIMINATION: The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, and gender identity and expression. 3. SUBLETTING OR ASSIGNING CONTRACTS: All awards will be made with the understanding that the work awarded will be performed by the Contractor to whom the award is made, with the assistance of workmen, under his immediate superintendent, and the Contract shall not be sublet to another Contractor except with the consent of the County Engineer. In no event will the Contractor be released from responsibility. 4. THE USE OF PATENTED PROCESSES, ETC.: The basis on which a contract will be awarded will be the bid prices and these shall include all charges for the use of patent processes, materials or methods, and for all other similar incidental charges not expressly provided for in these Contract Documents. 5. PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL: Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the CONTRACTOR, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69,Florida Statutes, in the same manner as a second degree misdemeanor. 6. POWER OF ATTORNEY: Attorneys-in-fact who sign bid bonds or contract bonds must file with such bond a certified copy of their power of attorney to sign said bonds. IT13-1 INSTRUMONSTOBEDDERS 7. ADDENDA - CHANGES 'MILLE BIDDING: No interpretation of the meaning of the Plans, Specifications or other Contract Documents will be made to any bidder orally. Every Request for Information(RFI) is preferred to be submitted to the Director, Palm Beach County Roadway Production Division via electronic mail (e-mail) utilizing the website "RFI" link for the said project. BFI's may also be mailed or faxed to the Director at the following: 2')00 N. Jog Road, Suite #3W-33, West Palm Beach, Florida, 33411-2745. Telephone: 561 / 684-4150; Fax: 561 / 684-4166. For the RFI to be given consideration, it must be submitted at least five (5) working days prior to the date and time fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written Addenda to the Contract Documents which, if issued, will be posted on the following URL: http:ll sv.pbegov<org/eneincerinE/roadwaypro€ uction/roadwayaccess up to seventy-two (72) hours prior to the date and time fixed for the opening of bids. The exceptions to this notification period shall be that of an Addenda whose content is limited to the listing of additional approved manufacturers and substitutions, or one which contains minor clarifications or changes, which shall be issued up to 24 hours prior to the date fixed for the bid opening. The request for Bids may be withdrawn, or the date for receipt of Bids may be postponed, at any time prior to the Bid Opening, The Contractor shall acknowledge and certify receipt of all addenda by completing the Proposal Form page. Copies of Addenda will also be made available for inspection at the Department where Bidding Documents are on file for that purpose. Failure of any bidder to receive any such Addenda of interpretation shall not relieve any bidder from any obligation under his bid as submitted. All addenda so issued shall, ultimately, become part of the Contract Documents. 8. POSTING OF BIfD TABULATIONS. Recommended award will be posted for review by interested parties at the Engineering & Public Works Department located at 2300 N. Jog Rd., Suite #3W- 33, West Palm Beach, Florida, 33411-2745, Florida, and will remain posted for a period of at least seventy-two (72) hours prior to approval by the Board of County Commissioners. Failure to file a protest to the Director of Purchasing Department within the time prescribed in the County Purchasing Ordinance shall constitute a waiver of proceedings under the referenced County Ordinance. 9. NON-COLLUSION: Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment. No premiums, rebates or gratuities permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, removal from the vendor bid list(s), and/or debarment or suspension from doing business with Palm Beach County. ITB-2 INSTR TCTTONS TO BIDDERS 10. CONFLICT OF_INTEPEST: The award is subject to the provisions of the applicable Federal laws, rules and regulations, the Florida Statutes and the Cotiuity's ordinances and resolutions. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of Palm Beach County. Ftiuther,,all bidders must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent or more in the bidder's firm or any of it's branches. 11. PUBLIC ENT =CRIES: In accordance with F.S. 2 87.13 3 (2) (a), persons and affiliates who have been placed on the convicted vendor list may not submit bids, contract with, or perform work (as a contractor, supplier, subcontractor or consultant) with any public entity (i.e. Palm Beach County) in excess of Twenty five Thousand dollars (or such other amount as may be hereafter established by the Florida Division of Purchasing in accordance with F.S. 287.017) for a period of 36 months from the date of being placed on the convicted vendor list. As provided in F.S. 287.132-133, by entering into this contract or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287-133(3)(a). "The CONTRACTOR shall comply with the provisions of Ordinance 2003-030, the Criminal History Records Check Ordinance (Ordinance), if CONTRACTORS employees or subcontractors are required under this contract to enter a critical facility as identified in Resolution R-2003-1274. The CONTRACTOR acknowledges and agrees that all employees and subcontractors who are to enter a critical facility will be subject to a fingerprint based criminal history records check. Although COUNTY agrees to pay for all applicable FDLECFBI fees required for criminal history record checks, the CONTRACTOR shall be solely responsible for the financial, schedule, and staffing implications associated in complying with Ordinance 2003- 030.,' 12. SBE PARTICIPATION AND SOLICCITTATION DOCUMENTATION: Note: See also SBE pages. If there is any discrepancy between the following language and that on the SBE pages, the SBE pages shall prevail.) Bidders are required to submit with their bid the appropriate SBE schedules in order to be deemed responsive to the SBE requirements. SBE documentation to be subzxutted is as follows: Schedule 1 -List of Proposed SBE Subcontractors The list shall contain the names of all SBE subcontractors intended to be used in performance of the contract if awarded. The type of work to be performed by each subcontractor and the dollar value shall also be specified. ITB-3 1NSTRUC HONS` O B DE+RS Schedule(s)2 - Letter(s) of Intent to Perform as a SBE Subcontractor One schedule 2 for each SBE Subcontractor listed on Schedule 1 shall be completed and executed by the proposed SBE Subcontractor. Additional copies may be made as needed. Failure to submit a complete and accurate Schedule 2 may result in the bid being deemed non- responsive to the SBE requirements. The Contractor shall be responsible for monitoring the SBE subcontractors to ensure that they complete the items of work identified on their Schedule 2. NOTE: A prime bidder certified by Pahn Beach County as a SBE should complete Schedules 1 and 2 if they propose to use any SBE subcontractors. SBE bidders are not exempt from meeting categorical goals. Failure to submit the necessary SBE documentation to establish that the goals have been met or good faith efforts exercised may result in the SBE bidder being deemed non- responsive to the SBE requirements. 13. REGULATED SUBSTANCE USE REQUIREMENTS: Best Management Practices for the Construction'� � on Industry A. The Contractor shall be responsible for assuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may post particular problems for the handling of any Regulated Substances. For instance, handling Regulated Substances in the proximity of water bodies or wetlands may be improper. B. If any regulated substances are stored on the construction site during the construction process, they shall be stored in a location and manner which will minimize any possible risk of release to the environment. Any Regulated Substances shall have constructed below it an impervious containment system constructed of materials of sufficient thickness, density and composition that will prevent the discharge to the land, groundwaters, or surface waters, or any pollutant which may emanate from said storage container or containers. Each containment system shall be able to contain 150% of the contents of all storage containers above the containment system. C. Each contractor shall familiarize themselves with the manufacturer's safety data sheet supplied with each material containing a Regulated Substance and shall be familiar with procedures required to contain and clean up any releases of the Regulated Substance. Any tools or equipment necessary to accomplish same shall be available in case of a release. D. Upon completion of construction, all unused and waste Regulated Substance and containment systems shall be removed from the construction site by the responsible contractor and shall be disposed of in a proper manner as prescribed by law. ITB-4 SPECIAL PROVISIONS UNIT PRICES. The Contractor is advised that the contract is a unit price contract. As such, the intent of the contract is to include all labor, materials, transportation, equipment, fuel, and all other items necessary to complete the item of work, in the unit price for the item. All items incidental to or necessary for the completion of the bid item shall be included in the unit price for the item. The Contractor's attention is also directed to Section 9-3.1 for additional conditions to be considered in relation to emit prices. CONTINGENT ITEMS: The Contractor is advised that contingent items shall not be used to meet the SBE goal participation for the contract. The SBE participation goals established for the contract, as specified on page SBEA, shall include all pay items for the project less the contingency items. The use of contingent pay items shall only serve to increase the SSE participation of the contract, over and above the required goals achieved by use of regular pay items. WORD PROGRESS SCHEDULE: At the Pre-Construction Conference Meeting, the Contractor shall be required to supply the County with a work progress schedule. This schedule shall be in the format of a bar graph, or as otherwise approved by the Engineer, showing the time allotted for each of the items in the proposal form. This schedule shall specifically depict all hauling activity to be performed by a SBE subcontractor. The total time frame ofthe schedule will be as indicated in the time of completion. This schedule will be reviewed by the County Engineer's Office prior to the start of construction. This schedule will become part of the contract documents. DAILY REPORTS: The Contractor shall keep daily reports of all personnel and equipment on the project for review by the County for the entire length of the project. PARTIAL PAYMENTS: Unless otherwise specified, partial payments for lump sure items shall be based upon the percent of work actually completed on the items, except for "Maintenance of Traffic", which shall be paid on the basis of the percent of the total project actually completed. UTILITIES CONTAC'T'S: Potential utility conflicts may vary with each work site. Prior to commencing work, the Contractor shall visit the work site and ascertain all site conditions, including utilities. It shall be the Contractor's responsibility to avoid conflicts with existing underground and overhead utilities and structures. The Contractor shall notify all utilities servicing the work area at least 48-hours prior to any excavation so that underground utilities may be located. The Contractor has the responsibility to contact Sunshine State One-Call of Florida, line. at 1-800-432-4770 to schedule marking locations of the utilities which subscribe to their service. The Contractor shall also call (561) 641-3429 for Palm Beach County Water Utility locations and call (561) 233-3900 for Palm Beach County Traffic Control Utility locations. The Contractor shall properly maintain and protect all utilities. The Contractor shall be responsible for the cost to repair all damages to utilities caused by his operations. Finally, the Contractor shall fully cooperate at all times with the Owners of Utility Companies in order to maintain the operation of the existing utilities with the least amount of interference and interruption possible. When utility installation/adjustments are included as part of the bid proposal, all utility companies (including Palm Beach County Water Utilities Dept.) reserve the right to accept or reject bid items on their part of work and perform their work by their forces or other contracted forces. SPA SPECIAL PROVISIONS MAINTENANCE OF TRAFFIC: The Contractor shall assure compliance with FDOT Index 600 of the current Roadway and Traffic Design Standards. All references to "determinations by engineer" will be the responsibility of the Contractor, and shall be brought to the attention of the Engineer prior to implementation. The cost of complying with the stated standards shall be incidental to the items of work. All projects that impact pedestrian traffic of any type shall include "Pedestrian M.O.T." in accordance with the General Provisions, the cost of which will be incidental to the items of work. LIMITS OF CONSTRUCTION: The Contractor shall confine the construction of the roadway within the limits of the right of way unless the right of entry to adjacent properties has been acquired by Palm Beach County at the time of construction. RESTORATION AGREEMENTS.- Contractor is hereby notified that any construction performed within Restoration Agreement (RA) areas shall be restored to a condition similar or equal to that existing before such construction occurred, at no expense to the Department. Prior to disturbing the Restoration Agreement area, the Contractor shall stake the RA limits, locate/document all improvements within the area, and submit this information to Palm Beach County, Construction Coordination Division, prior to starting construction. Upon completion of the constriction, the Engineer, together with the Contractor, shall conduct an inspection of the area to confirm that all improvements have been appropriately restored. Payment for all work to complete the item shall be incidental to the cost of the Project. IRRIGATION SYSTEM WITHIN RESTORATION AGREEMENT AREAS: The Contractor, prior to start of construction, shall obtain as-built information of the irrigation system(s) "Atl in restoration agreement areas, and catalogue related component information (manufacturer/part number/etc.) required to ensure appropriate replacement of the system and components. The as-built information shall be submitted to Palm Beach County, Construction Coordination Division, and upon completion of the construction, the Contractor shall restore the irrigation system and components to its original or better condition. Payment for all work to complete the item shall be incidental to the cost of the Project. ADDITIONAL INSURED PANTIES: The Contractor performing the construction for Palm Beach County (COUNTY) shall be required to carry and furnish insurance coverage, in accordance with General Provision Section 7-13, "Insurance Required", naming COUNTY as additional insured on the Certificate of Insurance Form(s), which shall reference the Project Limits and the Project Number, and shall read: "Palm Beach County Board of Coun Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents." Where the limits of work for this County project impact the rights-of-way of other agencies (e.g., Florida Department of Transportation (FDOT); South Florida Water Management District (SFWMD); Lake Worth Drainage District (LWDD); and other agencies as applicable), said parties shall also be named as "ADDITIONAL INSURED", either on the same form or on separate forms. The Contractor shall coordinate all work within the rights-of-way and air rights-of-way, as they apply, through the Engineer. Also, the Contractor shall notify the County and the agencies, as required in the contract documents or within a reasonable time frame prior to the start of any work within said right-of- way, to allow for appropriate accommodations by the agencies. SP-2 SPECIAL PROVISIONS USE QNLYYIFNPDES IS APPLICABLE TO TMS CONTRACT NATIONAL POLLUTANT DISCHARGE_ ELIMINATION SYSTEM (N.P.D.E.S) COMPLIANCE: This contract requires compliance with the N.P.D.E.S. General Permit. The "Florida Department of Environmental Protection Generic Permit For Stormwater Discharge from Large and Small Construction Activities", dated May 2003, which contains the description and requirements of the permit, is available at the following URL: http://www.dcR-state.fl.us/waterlstormwaler/n�d("S/does/c�p`p The MSWORD format of the Stormwater Pollution Prevention Plan (SWPPP) template is available at the following URL: http://wwiv.dep.state.fl.us/water/stormwater/n]2des/SWPPP.doc Notice of Intent and Notice of Termination forms are available on DEP's URL: http://dep.state.fl.us/water/stormNvater/updes/l)ermits forms.htm The Contractor shall complete and submit the NOI and payment to DEP. The SWPPP template shall be utilized by the Contractor for developing the SWPPP for the project. A copy of the SWPPP shall be submitted to the County at the Pre-Construction meeting for the project, or as otherwise mutually agreed with the Engineer. Failure to sign any required documents or certification statements will be considered a default of the Contract. Any soil disturbing activities performed without the required signed documents or certification statements may be considered a violation of the DEP Generic Permit. All costs associated with obtaining and complying with the provisions of this permit and to all federal, state and local storm water pollution prevention permits, rules, laws or ordinances, including the implementation of the S.W.P.P.P. for the project during construction are incidental to the Contract. Also included is the cost of all construction erosion and pollution control measures not covered under other specific pay items, the cost of performing and executing the joint inspection & maintenance reports (as shown in the SWPPP "Template"), and the execution of the Contractor Certification form of the proposal pages. The Contractor Certification form must be signed and submitted with the bid proposal. SP-3 SPECIAL PROVISIONS SITE DESCRIPTION Project Name and Location: Annual Guardrail Contract Palm Beach County, Florida Palm Beach County Project No.: 2014051 Owner Name and Address: Board of County Commissioners, Palm Beach County Roadway Production Division 2300 N. Jog Road West Palm Beach, FL ')3411 Work Description: Runoff Coefficient: Site Area.: The site is * acres, of which * acres of the site are expected to be disturbed by Construction activities. Site Map: Location Map attached with SFWMD permit. Sequence of Major Soil Disturbing Activities: I. Bridge construction 2. Paving 3. Drainage 4. Earthwork 5. Signal and Street Lights Name of Receiving bodies: SP-4 SPECIAL PROVISIONS CONSTRUCTION IMPACTS TO BUS OPERATIONS: Public Works and private development construction activities often impact Palm Tran bus operations and bus stops. Timely communication and coordination with Palm Tran and other affected transit agencies during preliminary project. Planning is essential in order to prevent potential conflicts. Contractors should make every effort to schedule their work to minimize impacts and the duration of impacts to transit operations and riders. Contractors should provide Palm Tran with the name and telephone contact of their construction managers prior to the commencement of all construction projects affecting bus stops or impacting bus routes. ® Contact Palm Tran for coordination and review requirements (561841-4246, 561 841-4223, or 561 841-4224). 9 Maintenance of rider access to and from bus stops during construction is desirable. This issue should be discussed at the Pre-Construction Meeting. 9 All work shall conform to the requirements of the Americans with Disabilities Act (ADA), including provisions for temporary access to and from bus stops. r if necessary,the contractor shall work with Palm Tran to establish an approved temporary bus stop location. • Contractor shall notify Palm Tran through Palm Beach County Construction Coordination Division at least 10 working days (2 weeks) in advance of the start of construction, modification of construction effort with transit impacts, and construction completion, so that Palm Tran can advise its riders. Contractor may not remove any bus stop signs,transit shelters,transit benches, or other related transit infrastructure without prior Palm Tran authorization. Contractor may be asked to remove existing bus stop signage or install temporary and permanent bus stop signage. Typically, Palm Tran will make arrangements to remove all other transit infrastructure. If Palm Tran does not remove their facilities in a timely manger,these facilities may become part of the clearing and grubbing. Contractor is responsible for construction of an approved ADA accessible access to and from bus stop boarding and alighting areas, when called for in the plans. ® The cost for the above is incidental to the project. SP-5 SPECIAL PROVISIONS LOCAL GOVERNMENT PROMPT PAYMENT ACS': In accordance with the Local Government Prompt Payment Act (F.S. 218.70, et seq)the Contractor is hereby notified of the following: I. The Contractor will be notified at the Pre Construction Meeting the manner in which pay requests are to be prepared and directed to the County. For a pay request to be deemed acceptable, the Contractor must provide the following: Pay Request No. 1 • SBE-M/WBE Activity Forrn/Schedule 3. • Certification of Compliance with the Living Wage Ordinance. Pqy Request No. 2 and all others following, but not including the Final d SBE-M/WBE Activity Form/Schedule 3. SBE-M/WBE Payment Certification/Schedule 4. ® Disbursement of Previous Periodic Payments to Subcontractors. ® Certification of Compliance with the Living Wage Ordinance. Final Pay Request r SBE-M/WBE Activity Form/Schedule 3. ® SBE-M/WBE Payment Certification/Schedule 4. ® Disbursement of Previous Periodic Payments to Subcontractors. Disbursement of Final Payment to Subcontractors. • Form I. a Form 2 including Bonding Affidavit. Record of Construction Materials Affidavit. a Certification of Compliance with the Living Wage Ordinance. 2. A single list of items (Punch List) required to render the work complete, satisfactory, and acceptable will be prepared by the County. The Punch List shall be developed via a joint inspection of the work(conducted within 30 calendar days after reaching substantial completion) by the prime contractor's superintendent, together with the Construction Coordinator and an engineer from Engineering & Public Works, with all unsatisfactory work listed on the Punch List. The Punch List shall be provided to the Contractor within 5 days of the inspection. 3. In the event any dispute with respect to any payment or pay request cannot be resolved between the Contractor and County's project staff, Contractor may, in accordance with the alternative dispute resolution requirements of Florida Statute section 218.72, demand in writing a meeting with and review by the County Engineer. In the absence of the County Engineer, the Deputy County Engineer may conduct the meeting and review. Such meeting and review shall occur within ten (10) business days of receipt by County of Contractor's written demand. The County Engineer, or Deputy County Engineer, shall issue a written decision on the dispute within ten (10) business days of such meeting. This decision shall be deemed the County's final decision for the purposes of the Local Government Prompt Payment Act. SP-6 SPECIAL PROVISIONS BASIS OF PAYMENT: Payment will be based on field measured quantities. No additional payment will be made for any work which exceeds that called for in the contract documents. ALTERNATIVES 1 APPROVED EQUAL/DEVIATIONS: Unless otherwise specified,the mention of the particular manufacturer's brand name or number in the specifications does not imply that this particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. Alternate offers will 6e considered and must include descriptive literature and/or specifications. Failure to provide descriptive literature and/or specifications with alternate offers will be cause for disqualification of the bid. The determination as to whether any alternate product or service is or is not equal shall be made by Palm Beach County and such determination shall be final and binding upon all bidders. Although the Board of County Commissioners provides for the consideration of alternate bids, it reserves the right to snake an award in the best interest of the County. Such award may not necessarily be given to the lowest bid offered. The bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items bid upon. Any deviation from specifications listed herein must be clearly indicated, otherwise it will be considered that items offered are in strict compliance with these specifications, and the successful bidder will be held responsible therefore; deviations must be explained in detail on an attached sheet(s) and itemized by number. Any item or items that do not meet established specifications upon delivery will not be accepted. METHOD OF ORDERING (Work Orders): The department(s) will order requirement(s) on an "as needed" basis. All terms and conditions of the bid are applicable. The individual orders will specify the work to be performed, its location, a not-to-exceed cost (based on the contract unit prices), and a schedule for performance. Each work order will be signed by the department head or his authorized designee. The contractor must sign and return the work order within fourteen (14) days of issuance. Failure to sign and return the work order within 14 days of issuance may be considered a default of the Contract. Upon completion of the work order task, the contractor will submit an individual invoice, a copy of the original work order and the appropriate completed SBE-M/WBE participation forms referenced in Item 7 of the SBE-M/WBE Program section of this contract. The Contractor will receive progress payments based on submitted invoices. The payment amount will be based on the work done and accepted. No retainage is withheld. SP-7 SPECIAL PROVISIONS PROSECUTION OF TBE WORK- The Contractor will be required to maintain within Palm Beach County, at all times while this contract is in effect, the equipment necessary to properly carry out the provisions of these specifications. After receiving notice to commence with the work for a particular project the Contractor shall continence promptly within seventy-two (72) hours and shall efficiently prosecute the work with adequate personnel and equipment until completion, within 30 calendar days, or as designated by the County Engineer or his duly appointed representative. Failure to comply with either time requirement shall result in Liquidated Damages, assessed on a work order basis and in the amounts shown in Section 8-10.2 of the Standard Specifications. EXTENSION: This contract period is for (12) months from the date of BCC approval. The contract period may be extended at the County's option for a defined period of time, not to exceed thirty-six months, total contract time,upon approval by the Board of County Commissioners. Option for extension and other contract deviations will only be exercised upon mutual written agreement through a Board approved Contract Amendment, while adhering to all other original terms, conditions and unit prices of the contract. For the purpose of re-bidding, this contract may be extended at the County's option for a defined period of time,not to exceed six (5)months, upon the approval of the Contract Review Committee. AWAIT As the best interest of the Board of County Commissioners may require, the right is reserved to make award(s) on an item-by-item basis, lot-by-lot basis, all-or-none or any combination thereof. PRICE/DELIVERY/ACCEPTANCE: Price quoted must be the price for new merchandise and free from defects. Any bids containing modifying or "escalator" clauses will not be considered unless specifically requested in the bid specifications. Deliveries of all items shall be made as soon as possible. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the essence and the bidder's delivery date must be specified and adhered to. Should the bidder, to whom the order or contract is awarded, fail to deliver on or before his/her stated date, the County reserves the right to CANCEL the order or contract and make the purchase elsewhere. The successful bidder(s) shall be responsible for making any and all claims against carriers for missing or damaged items. Delivered items will not be considered "accepted" until authorized agent for Palm Beach County has, by inspection or test of such items, determined that they fully comply with specifications. The Board of County Commissioners may return, for full credit, any item(s) received which fail to meet the County's performance standards. SP-8 SPECIAL PROVISIONS Rev Llifi vaAl¢S I�Rm LIrA �OF U96TAUCTIW1 I1' SIDE 3G 1 IPL><. sI�PEMI�Lpg9E I I 7•-U" I s•-c' 1 1.'p• alnl�4 ra4pxiT ._ [�a- I ;tarlcL „s 73NI5lED 3lriFGteFS ^� ��•�—. ! l ^ s5 S� € 3 I € I mmp cTif.r �i [MntslH SSioiv KIM 1HSIDE IHSIDI `6”SR4'a vv LTA S StMis csi4 U&I FER LpLaTIUn tn7 «TAM FM L9CaTI0H IW WFUTS TMN 3 nr cm Mx7tuw ,ATS FAMA 417 LVh�TRWTIMI ,6"SLEES1<FnIt 01031NG AEGEAN Cp9 IW4 3 rW1 USE III-mm TMITO A 5TixirED CMKIETE'ME, 4511E VMTIC It CLE!RAMtS 111FLTl DETAIL FOR INSTALLATION OF MEDIAN IRRIGATFOR SLEEVES FOR THOROUG14FARE RUADS -WT Tn T ILD A$-BUILT CERTIFICATIm FoRm OFFSETS FRIIPA � OF CONSTRUCT(ON FOR ENDS OF 6" SLEEVES S7hT]@! LSM LSAT' I.ENGTN OR klcuT RFS�I.IT LTWuTw!� dYEwRrv9 CL?91f3! 7t+5[DC rlrs MI [n (rssTS 10! rIRE ma uw Sv6 LUT S1Ga m m 03ur SIDE SLIEI—TOTAL TOTAL PROJECT � GENERAL NOTES 1. ALL SLEEVES (LEFT £.RIGHT) SHALL BE IHSTALLETI S. EACKPILLING ABOVE SLEEVES SHALL BE PEPPORNED 47 $AWE ; STATIOI, UFLESS IITIIERwISE DIRECTED ACCORDING TO F.E3.0.T. SPECIFICATION SECTION BY THE ENGISEEP. I23-8.3 40iCKFILLINO, REOulMEWS Fc* PIPE 2, ALL SLEE'FE EI•H75 ARE TO HE CAPPED. CLH.VERT5 AM STORM SE'AERST, 7. ALL 5L£E'E ErrDs AAE TO BE HApKEI} AT THE E. ALL STAT I Otis APE ¢PPAWIMATE. CIMTRACTOR EAST e(1HTACT COUNTY ENGINEER PRIOS TO IHSTALLAT" TINE OF INSTALLATION HETH a Z'W WWDEN 30I7ETEII117N@ EXACT LOCATION IN THE FIELD• &OARD 5TAND(Hr VERTICALLY F.KM SLEEVE Eli? TO 'I" ABOX F IN I SHEIK GROUND-EXPOSED NU CDEN MARKER IS TO BE PAINTED DRANGE FOP FUTURE L EACH SLEEVE END IS TO BE MARKED AT THE TImE 0; LOCATEON PURPOSES. IPISTALLATIOd WITH A 31t ELECTPQfIIe MARKER MODEL 1252) AMID GPS STATE PLANE COORDINATES SHALL BE RECORDED- 4. 5LEE4E5 ARE TO BE 6—F.V.C. SCHEDULE R6 PIPE Bi$ED DEAN F.D.O.T. SPECIFICATION SECTIOI 948. OR 6` BLACK HOT-DIPPED GALVANIZED STEEL PIPE WITH L WINEIRJF:I WALL THICKHE$S OF a.28D' EASES! UPOn A.B..T,M.STANDARD A53-94A, PALM BEACH 'C[lR7b= I3MINII ERINO A2',D PUBLIC WORTJ ROADWAY PRODUCTION REVISED JANUARY 2(1178 SP-9 TECHNICAL SPECIAL PROVISIONS, i TECHNICAL SPECIAL PROVISIONS I. SCOPE: The purpose and intent of this Annual Guardrail Contract is to obtain firm prices for furnishing and installing guardrail, furnishing guardrail products only, removing and disposing of "old" guardrail, and/or resetting of existing guardrail. Contractor shall provide all labor, materials, equipment and incidentals required to complete the work, in accordance with the plans and as specified by various County Departments/Divisions on an as needed basis. All ancillary costs, including but not limited to, mobilization, demobilization, maintenance of traffic, NPDES compliance (if required) debris removal, debris disposal and final site cleanup, shall be considered incidental to each and eve line item in the Bid Proposal. Work shall be authorized b issuance f a Work every p Y o Order by a Palm Beach County Department/Division. II. GENERAL. A. All guardrail furnished and/or installed shall be new and unused. In unusual cases, and with the approval of the County Engineer or his designee, use of used materials may be authorized. Be .lob sites will vary and may be at any location within Palm Beach County. Work shall be performed at designated sites on Palm Beach County rights-of- way. C. The term guardrail, as used herein, includes all component parts for a complete installation. III. SCOPE OF WORK: A. This bid encompasses having the Contractor furnish and install the following: 1. Straight beam, shop bent, and/or double face steel beam guardrail. 2. Rounded, buffer and/or flared end sections. 3. Types II, MELT, LET, ET 2000, SKT-350, FLEAT-350 and SRT-350 anchorage assemblies. 4. Steel and treated timber posts. 5. Special steel posts with plates. 6. Encased guardrail steel posts and wood posts, 7. Heavy WF18 steel posts (with plates). 8. Heavy WF18 steel posts (without plates). 9. Special concrete blocks at bridges. 10. Double blocking (offset utility) blocks. 11. Special end shoes (bridge attachment piece). 12. Special safety pipe rail (for pedestrian safety). TSP-1 B. Guardrail (straight, shop bent and double face) shall be priced on a per linear foot basis for the nominal panel length of steel beam and include all component parts for a complete guardrail installation. 1. A per linear foot price shall be provided as follows: a) 0" to 3T-6" of standard beam guardrail * b) 37'-7" to 62'-6" of standard beam guardrail c) 62'-7" to 100' of standard beam guardrail. d) 100' to 500' of standard beam guardrail. e) Over 500' of standard beam guardrail. *Price on 37'-6"and 62'-6"shall include extra posts, as required, at bridges, etc. 2. Double face guardrail linear foot price shall include both beams and component parts. C. Special safety pipe rail shall be priced on a per linear foot basis. D. Removal and disposal of "old" guardrail (no installation involved) shall be priced on a per linear foot basis. E. Resetting of guardrail and/or installing of used guardrail shall be labor only and shall be priced on a linear foot basis. F. The following items shall be priced on an each basis: 1. Rounded, buffer and/or flared end sections. 2. Types II, MELT, LET, ET 2000, SKT-350, FLEAT-350 and SRT-350 anchorage assemblies. 3. Steel and treated timber posts. 4. Special steel posts with plates. 5. Encased guardrail steel posts and wood posts. 6. Leavy WF18 steel posts (with plates). 7. Heavy WF18 steel posts (without plates). 8. Special concrete blocks. 9. Double blocking (timber, offset utility) blocks. 10. Special end shoes (bridge attachment piece). IV. RESPONSE TIME: Contractor shall be required to furnish any and/or all of the services specified herein within seventy-two (72) hours after receiving notification to do so from the using department. TSP-2 MISCELLANEOUS: A. All special posts with plate assembly and gate hinges shall be galvanized per Florida Department of Transportation Specifications. B. Recycled Plastic Block shall be. 1. Val-Safe Block by Valley Rubber, LLC. 2. Mondo Block (for wood and/or steel post) by Mondo Polymer Technology and King Block by Trinity Industries, Inc., or accepted equal TSP-3 PALM BEACH COUNTY, FLORIDA STANDARD SPECIFICATI®NS FOR ROAD AND BRIDGE CONSTRUCTION It is the intent of these Specifications that the Florida Department of Transportation "Standard Specifications for Road & Bridge Construction", dated 2010, be used as the basis for the work. FDOT refers to the State of Florida and its Department of Transportation and Personnel. DEPARTMENT is intended to be that wording which would provide proper terminology, making such Standard Specifications and General Provisions as though they were those Standard Speclficatiolns and General Provisions of Palm Beach County in conjunction with Palm Beach County's retained engineer(s). In addition to these Standard Specifications and General Provisions, there will be those General Provisions included which would pertain to the .pertinent items of construction. The Standard Specifications for Road and Bride Construction 2010 Edition amended as follows, but not otherwise changed, shall govern: SS-1 PALM BEACH COUNTY,FLORTDA GENERAL PROVISIONS DIVISION I GENERAL REQUIREMENTS AND COVENANTS SECTION 1 DEFINITIONS AND 'TERMS 1-3 Definitions. The following terms, when used in the Contract Documents, have the meaning described as follows: Department -THE FOLLOWING IS suBsTITUTED: The Palm Beach County Engineering & Public Works Department or The State of Florida Department of Transportation, as appropriate. Engineer- THE FOLLOW'NG IS SUBSTITUVED: Palm Beach County's Engineering & Public Works Department's County Engineer, acting directly or through duly authorized representatives; such representatives acting within the scope of the duties and authority assigned to them. Note: In order to avoid cumbersome and confusing repetition of expressions in these Specifications, it is provided that whenever anything is, or is to be done, if, as, or, when, or where "acceptable, accepted, approval, approved, authorized, condemned, considered necessary, contemplated, deemed necessary, designated, determined, directed, disapproved, established, given, indicated, insufficient, ordered, permitted, rejected, required, reserved, satisfactory, specified, sufficient, suitable, suspended, unacceptable, or unsatisfactory," it shall be understood as if the expression were followed by the words "by the Engineer,""to the Engineer," or"of the Engineer." ADD THE FOLLOWING DEFINITION: Lot- The definition varies throughout the specification. The Engineer reserves the right to define the testing limits. ADD TIME FOLLOWING DEFINITION: Qualified Products List (Qpl) -Refers to FDOT's Qualified Products List GP-1 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS 2-1 Prequalification of Bidders -DELETE AND INSERT THE FOLLOWING: Palm Beach County Engineering & Public Works Department, Roadway Production Division (Department) does not certify Contractors. Although FDOT certification is not a requirement, the Department reserves the right to utilize FDOT's listing of pre-qualified Contractors in determining Contractor's eligibility to perform the work required for this project. Refer to URL https://www3.dot.state.fl.us/c ontractoMrequalificationf public/PrN LialifiedV endorS earch.aspx for access to pre-qualified FDOT contractors for construction contracts exceeding $250,000 in amount: Prime Contractors who have not performed work with the Department's Roadway Production Division within the past three (3) years shall provide with their bid package (at a minimum) a report listing all "similar"projects performed and completed by the firm. The information shall include at a minimum: project title and number; a brief summary of the scope performed; the entity for whom the work was performed; two (2) entity contacts (one administrative lone construction) with direct telephone numbers; the construction budget of the project(s) and the resulting budget (over/ under); detailed information with respect to financial resources, equipment, past record on projects, key personnel with a statement of their work category experience; a disclosure stating the.types of work the firm is qualified to perform and the aggregate amount of work that they currently have under contract; and other pertinent information to assist us in this review. If the prime contractor has not done work with the Department's Roadway Production Division within the past 3 years, the Contractor shall submit the above information with the bid package in a binder entitled "Documentation of Qualification to Perform". The bound qualification package shall be submitted with the bid package for the prime to be considered a responsive, responsible bidder. Failure to submit this information ma be cause for rejection. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit the following: (a) A bid on a contract to provide any goods or services to a public entity. (b) A bid on a contract with a public entity for the construction or repair of a public building or public work. (c) Bids on leases of real property to a public entity. A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 F.S., for Category Two. All restrictions apply for a period of 36 months from the date of placement on the convicted vendor list. All pre-qualified Contractors bidding on any Contract may be required to submit a copy of their FDOT Certification of Current Capacity (Form 375-020-22) and Status of Contracts On Hand (Forma. 375.020-21). GP-2 2-2 Proposals. 2-2.1 Obtaining Proposals -DELETE AND INSERT THE FOLLOWING: Obtain a proposal under the conditions stipulated in the Notice to Contractor. The proposal states the location and description of the work to be performed; the estimate of the various quantities (if applicable); the items of work to be performed (if applicable); the Contract Time; the amount of proposal guaranty; and the date, time, and place of the opening of proposals. The proposal form will also include any special provisions or other requirements which vary from or are not contained in the Standard Specifications. The plans, Specifications and other documents designated in the proposal are part of the proposal, whether attached or not.-Do not detach any papers bound with or attached to the proposal. ADOTHE FOLLOWING SUB-ARTICLE: 2-2.1.1 Filling out Proposals (Pay Item Forms): In filling out proposal forms, bidders shall be governed by the following provisions: (a) Proposals can be made on the blank proposal form provided (Excel file). The blank spaces in the proposal form must be filled in, regardless of whether quantities are shown, and no change shall be made either in the phraseology of, or in the items listed in the proposal form. It is the bidder's responsibility to check and verify the accuracy of excel file formulas/extensions. Bidders are reminded +l�at this is a unit price contract, and bid totals will be based on actual unit prices provided (see Section "e" below) regardless of extensions and total s shown. (b) Each proposal form shall specify a unit price, for each of the separate items, as called for. (c) Any proposal which does not contain prices set opposite each of the items for which there is a blank space, or any proposal which shall in any manner fail to conform to the conditions of the published notice will be cause for rejection. (d) Proposals must be signed in ink by an authorized officer of the firm with the signature in full. John Doe Contracting Company By: John Doe,President (e) In the event of mathematical errors in the extension of units and unit prices, the unit price shall prevail. The "Total Bid" indicated on the proposal forms shall be the summation of the extension of units and unit prices only. Should the proposal include "Alternate (s)", the total amount that will be considered for the "Alternate (s)" shall also be the summation of the extension of units and unit prices only, with the unit price prevailing. GP-3A When "Alternates" are included, the County reserves the right to award the contract based on the "Pere-Total Bid" with or without the "Alternate (s)", with no recourse to the Contractor. (f) When a corporation is a bidder, the person signing shall state under the law of what state the corporation was chartered, and the name and title of the officer having authority under the by-laws to sign Contracts. (g) Anyone signing the proposal as agent must file it with legal evidence of his authority to do so. Post Office address, County and State,must be given after the signature. (h) Proposals that contain any omission, erasure, alteration, addition or item not called for in the Engineer's estimate, or that show irregularities of any kind, will be considered as informal or irregular. This will be cause for the rejection of the bid. DELETE AND INSERT T14E F®LLOWTNG: 2-2.2 Department Modifications to Contract Documents: Modifications to any Contract Documents will be posted at the following URL address: htt ://www. be ov.or engineerin /roadvva roduction/roadwa access The bidder shall take responsibility for checking and downloading the revised data from the Department's website; if the Department's website cannot be accessed, contact the Department's Office Coordinator at(561) 684-4150. 2-2.3 Internet Bid Submittals - DELETE IN ITS TY: 2-2.4 Hard Copy Did Submittals - DELETE AND 1NST,RT THE lj OLLOW G: Unless otherwise indicated in the Notice to Contractors, the Contractor shall prepare and submit the bid as a hard copy submittal to the Department in accordance with the instructions listed below and the requirements of 2-5 and 2-8. Print and submit bid documents generated from the web site on letter size paper. Ensure that all computer generated sheets are legible. The Department prefers 12 point font size and recommends a minimum of 20 pound paper. The following hard copy documents shall be submitted with the bid at a minimum: a SBE Schedules 1 &2 b All Proposal Pages (P Pages) C Signed Contractor's Certification d Signed/Sealed Local Preference e Signed/Sealed Living Wage f Scrutinized Companies g Acknowledged/Sealed Bid Bond h Copy of firm's active license to conduct business in the State of Florida i Documentation of qualification for firms that have not contracted as prime contractors with Roadway Production, if applicable (per Section 2-1). GP-4A The Department will not be held responsible if the bidder submits a bid that is incomplete. Failure to follow proper procedures may cause the bid to be declared non-responsive, or irregular. 2-5 Preparation of Proposals - DELETE AND.INSERTTUFFOLLONVLNG: 2-5.1 General: Submit proposals on the form described in 2-2. Any pay item that will be provided free or at no cost to the Department shall be indicated as "free" or "$00.00". If the pay item is left blank or NIA is used, the bid may be declared irregular. Show the total of the bid where called for on the proposal forms. 2-5.2 Internet Bid Submittals - DELETE LN ITS ENTIRETY: 2-5.3 I-lard Copy Pict Submittal- DELETE AND t1NSERT` BE FOLLOWING: If the proposal is made by an individual, either in the bidder's own proper person or under a trade or firm name, the bidder shall execute the proposal under the bidder's signature and enter the firm's bidding office street address. If made by a partnership, execute the proposal by setting out in full the names of the partners, the firm name of the partnership, if any, have two or more of the general partners sign the proposal and enter the firm's bidding office street address. If made by a corporation, execute the proposal by setting out in full the corporate name and have the president or other legally authorized corporate officer or agent sign the proposal, affix the corporate seal and enter the corporation's bidding office street address. If made by a limited liability company, execute the proposal by setting out the company name, have the manager or authorized member sign the proposal and enter the company's bidding office address. If made by a joint venture, execute the proposal by setting out the joint venture name, have the authorized parties sign the proposal and enter the bidding office's street address. 2-6 Rejection of Irregular Proposals - DELETE AND INSERT TIIE FDLI OWIING: A proposal is irregular and the Department may reject it if it shows omissions, alterations of form„ additions not specified or required, conditional or unauthorized alternate bids, or irregularities of any kind; or if the unit prices are obviously unbalanced, or if the cost is in excess of or below the reasonable cost analysis values. GP-5 ADD THE FOLLOWING SUB ARTICLE DER 2-6 2-6.1 Unbalanced Bid Items Bid items in which the unit prices are not in line with the industry standards or averages for the items may be considered to be unbalanced. For a bid to be balanced, each item must carry its proportionate share of direct cost, overhead and profit. Unbalanced items which are installed and billed at the beginning of a project also result in "front-end loading". As a minimum, the following process shall apply to the bidding and awarding of all County construction contracts: "Bid which are determined by the Department to be unbalanced bids or which contain unbalanced line item pricing when compared to competitor's bid's for the same item and standard industry prices, and which significantly deviate from the Department's determination of acceptable line item pricing, may be rejected by the Department". 2-7 Guaranty to Accompany Proposals (Bid Bond) - ADD THE FOLLOWING AT THE END OF THIS ARTICLE: The bond may be a Certified Check or a Cashier's Check made payable to the Board of County Commissioners, Palm Beach County, Florida, in the amount of 5% (Five Percent) of the total gross amount of the bid as a guarantee that the bidder, if given a letter of intent to award, will within fourteen (14) consecutive working days after the date of written notice being given of such intent, enter into a written contract with the Board of County Commissioners in accordance with the accepted bid. Certified checks shall be signed by the parry whose bid it accompanies. 2-8 Delivery of Proposals. 2-8.1 Internet Bid Submittals - DELETE IN ITS LNTHZETY 2-8.2 Hard Copy Bid Submittals -DELETE AND INSIRT THE,FOI AbTNG: Submit all bids in sealed envelopes bearing on the outside the name of the bidder, the bidder's address and date of opening written in large letters the words: ANNUAL GUARDRAIL C® Cr for which the bidder submitted the bid. GP-6 For proposals that are submitted by mail, enclose the proposal in a sealed envelope, marked as directed above. Enclose the sealed envelope in a second outer envelope addressed to the Department, at the place designated in the Notice to Contractors. For a proposal that is not submitted by mail, deliver it to the Department, or to the place as designated in the Notice to Contractors. The Department will return proposals received after the time set for opening bids to the bidder unopened. A bidder may withdraw his proposal at any time prior to that fixed for opening bids without prejudice to himlherself. 2-9 Withdrawal or Revision of Proposals. 2-9.1 Internet Bid Submittals - DELETE IN ITS ENTIRETY. 2-9.2 Hard Copy Bid Submittals - DELETE �i SERT THE FOLLOI'ING: A bidder may withdraw or revise a proposal after submitting it, provided the Department receives a written request to withdraw or revise the proposal prior to the time set for opening of bids. The resubmission of any proposal withdrawn under this provision is subject to the provisions of 2-8. If a Bidder wishes to change unit prices they must be made prior to the deadline listed in the Notice to Contractors and they shall strike the unit price and add the changes in the appropriate space. Changes shall be initialed by the person submitting the bid. Any changes or alteration of unit prices in the proposal must be initialed. Failure to initial these changes or illegible entries of corrections or unit prices will be cause for the rejection of the bid as informal or irregular. The Bidder shall include both the unit price and the extension for all lump s'am bid items. 2-10 Opening of Proposals - DELETE AND INSERT TEE FOLLONV tNG: The Department will open and publicly read proposals at the time and place indicated in the Notice to Contractors,or as soon thereafter as possible.The Department invites bidders, their authorized agents, and other interested parties to attend. Proposals received after the time set for the opening will be returned to the bidder "unopened". GP-7 SECTION 3 AWARD AND EXECUTION ®E CONTRACT 3-1 Consideration of Bids - 1 <TFAiND NSERT THE FOLLOWING- For the purpose of award, after opening and reading the proposals, the Department will consider as the bid the correct summation of each unit bid price multiplied by estimated quantities shown in the proposal. On this basis, the Department will compare the amounts of each bid and make the results of such comparison available to the public. Until the actual award of the Contract, however, the Department reserves the right to reject any or all proposals and to waive technical errors that the Department may deem best for the interest of the County. Subunit bid unit prices for all bid items. Bids submitted without bid Ludt prices for all bid items will be rejected as irregular. 3-2 Award of Contract. 3-2.1 General - DFLDTL AND INSERT THE FOLLM G. If the Department decides to award the Contract, the Department will award the Contract to the lowest responsible, responsive bidder whose proposal complies with all the Contract Document requirements, If awarded, the Department will award the Contract within one hundred twenty (120) days after the opening of the proposals, unless the Special Provisions change this time limit or the bidder and the Department extend the time period by mutual consent. The "Notice to Proceed"(see 8.3.3) shall be issued within one hundred twenty (120) calendar days of the award of contract, unless otherwise mutually agreed by the Contractor and the Engineer. For the purpose of award, the low bid shall be the lowest amount bid for the "Total Bid", and if any alternates are considered, it shall be the "l6se`Total Bid" plus the addition for the alternate or alternates which the Owner may select. In no case will any award be made until all necessary investigations are made into the responsibility of the low bidder. Prior to award of the Contract by the Department, a contractor must provide proof of authorization to do business in the State of Florida. Project Award. The Board of County Commissioners (Board) reserves the right to make multiple awards for this contract. In the event the Board exercises this right, award will be made to the two (2) lowest, responsive, responsible bidders. Work will be issued to the bidders at the County's discretion. GP-8A 3-5 Contract Bond Required. 3-5.1 General Requirements of the Bond - DELETE AND INSERTT EFOLLONN G: The successful bidder shall furnish a surety bond in the amount of$50,000 as security for faithful performance of order(s) awarded as a result of this bid and for the payment of all persons performing labor, and on their furnishing material in connection therewith. In the event that any order from this bid results in a total outstanding work order amount which exceeds the amount of the initial surety, the vendor agrees to provide additional surety in increments of$50,000 in order to maintain the total surety arno-unt in excess of total orders. Under no circumstances shall the successful bidder begin work until he/she has supplied Palm Beach County Public Construction Bond. Upon award, furnish to the Department, and maintain in effect throughout the life of the Contract, an acceptable surety bond in a sum at least equal to the amount of the Contract. Obtain a surety that has a resident agent in the State of Florida, meets all of the requirements of the laws of Florida and the regulations of the Department, and has the Department's approval. Ensure that the surety's resident agent's name, address, and telephone number is clearly stated on the face of the Contract Bond. In order to insure the faithful performance of each and every condition, any stipulation and requirement of the Contract Documents and to indemnify and save harmless the County from any and all damages, either directly or indirectly, arising out of any failure to perform same, the Contractor will be required to execute and deliver herewith a contract and a Public Construction Bond (Payment and Performance Bond) satisfactory to the Board of County Commissioners, equal to one-hundred (100) percent of the contract price. The bond(s) shall be issued by a company authorized to do business in the State of Florida and having a currently valid certificate of authority issued by the United States Department of the Treasury under ss 31 U.S.C. 9304-9308. Such bonds shall be made on forms hereto attached_ The Contractor shall verify at the time of execution of the contract the acceptability of the surety provided thereunder. Such bonds will not be acceptable unless the Surety is a Surety Company authorized by law to do business in the State of Florida and satisfactory to the Board of County Commissioners. ADD THE FOLLOWING SUB-ARTICLE: 3-5.6 Recording of Contract Bond Before commencing the work, Contractor shall provide to County a certified copy of the recorded bond(s). County may not make any payment to Contractor until Contractor has complied with this requirement. 3-6 Execution of Contract and Bond - DE LE TE AND INSERT TBE FOLLOWING: The Contractor shall sign execute , g n ( ) the Contract and provide satisfactory bond and evidence of meeting all insurance requirements per 7-13 (Insurance) with the Contract documents. Executed documents shall be furnished to the Department within fourteen (14) working days after the date of the "Letter of Intent to Award". Contractor shall perform not less than 50% of the total contract with his own organization. Therefore, Contractor must submit with the Contract documents a detailed breakdown (in dollars and percentage) of how the total contract amount is proposed to be distributed. The breakdown shall show all relative information for the Prime and all sub-contractors. 3-7 Failure by Contractor to Execrate Contract and Furnish Bond - DELETE AI ND INSERT THE FOLLOWING: GP-9 In the event that the bidder fails to execute the Contract and to rp ovide an acceptable bond, as prescribed in 3-5 and 3-6, within 14 days of issuance of the Notice of Intent to Award letter, the Department may cause the bidder to forfeit the proposal guaranty to the Department; not as a penalty but in liquidation of damages sustained. The Department may then award the Contract to the next lowest responsive,responsible bidder, re-advertise, or accomplish the work using day labor. SECTION 4 SCOPE OF THE WORD 4-1 Intent of Contract- ADD THE FOLLOWING AT THE END DE THIS ARTICLE: The ptupose and intent of this Annual Guardrail Contract is to obtain firm prices for furnishing and installing guardrail, furnishing guardrail products only, removing and disposing of "old" guardrail, and/or resetting of existing guardrail. Contractor shall provide all labor, materials, equipment and incidentals required to complete the work, in accordance with the plans and as specified by various County Departments/Divisions on an as needed basis. All ancillary costs, including but not limited to, mobilization, demobilization, maintenance of traffic,NPDES compliance (if required) debris removal, debris disposal and final site cleanup, shall be considered incidental to each and every line item in the Bid proposal. Work shall be authorized by issuance of a Work Order by a Palm Beach County Department/Division. 4-3 Alteration of Plans or of Character of Work. 4-3.1 General- DE,EI,ETE AND INSERT THE FOLLOWING- The Engineer reserves the right to make, at any time prior to or during the progress of the work, such increases or decreases in quantities and such alterations in the details of construction as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. 4-3.2 Increase,Decrease or Alteration in the Work- DELETE AND INSERT TBEEOP,Ir.,O' i G: The Engineer reserves the right to make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performance. Such alteration shall not constitute a breach of Contract, shall not invalidate the Contract or release the Surety. The Engineer may direct that the work be done and, at the Engineer's sole discretion, the Contractor will be paid pursuant to 5-12. 4-3.9 Value Engineering Incentive— DELETE LNITS ENTIRETY. 4-4 Unforeseeable Work-DELETE AND INSERT TIIEEDILDNVING: When the Department requires work that is not covered by a price in the Contract, and the Department finds that such work is essential to the satisfactory completion of the Contract within its intended scope, the Department will make an adjustment to the Contract. The Engineer will determine the basis of payment for such an adjustment in a fair and equitable amount. GP-10 SECTION 5 CONTROL OF THE WORK 5-1 Plans and Working Drawings. 5-1.1 Contract Documents - DELETE XND I ISERT TI E FOLLOWTING: The Contractor will be furnished five (5) copies of the plans and specifications for this project at the Pre-Construction Conference. Additional copies may be purchased from the Palm Beach County Engineering Department, at a total cost of$25.00 per set of plans and contract documents. The Contractor shall have available on the job site at all times, one copy each of the plans, contract documents and general provisions. 5-1.2 Department's Plans - DELETE IN1TSENI . 5-1.4.4 Style, Numbering, and Material of Submittals 5-1.4.4.1 Drawings - DENTE AND INSERT TBE.FOL1 O G: Furnish six (6) clearly legible photographic or xerographic copies of all shop drawings that are necessary to complete the structure in compliance with the design shown on the plans. Prepare all shop drawings -using the same units of measure as those used in the Department's plans. Use sheets no larger than 11 by 17 inches. Consecutively number each sheet in the submittal series, and indicate the total number in the series (i.e., 1 of 12, 2 of 12, . . ., 12 of 12). Include on each sheet the following items as a minimum requirement: the complete Project Number, Bridge Number(s), drawing title and number, a title block showing the names of the fabricator or producer and the Contractor for which the work is being done, the initials of the person(s) responsible for the drawing, the date on which the drawing was prepared, the location of the item(s) within the project, the Contractor's approval stamp with date and 'initials, and, when applicable, the documents shall be signed and sealed by the Specialty Engineer. A re-submittal will be requested when any of the required information is not included. 5-1.4.4.2 Other Documents - DELETE IN ITS ENTIRETY AND SUBSTITUTE TBE FOLLOVvTNTG: Provide four sets of original documents or clearly legible photographic or xerographic copies of documents other than drawings, such as trade literature, catalogue information, calculations, and manuals. Provide sheets no larger than 11 by 17 inches. Clearly label and number each sheet in the submittal to indicate the total number of sheets in the series (i.e., 1 of 12, 2 of 12, . . ., 12 of 12). Provide an additional three sets of documentation for items involved with precast prestressed components. Provide an additional two sets of documentation for items involving structural steel components. GP-11 Prepare all documents using the same units of measure as those used in the Department's plans. Bind and submit all documents with a Table of Contents cover sheet. List on the cover sheet the total number of pages and appendices, and include the complete Project N-umber, a title referencing the submittal item(s),the name of the firm and person(s) responsible for the preparation of the document, the Contractor's approval stamp with date and initials, and, when applicable, the documents shall be signed and scaled by the Specialty Engineer or Contractor's Engineer of Record, as appropriate. Submit appropriately prepared and checked calculations and manuals that clearly outline the design criteria. Include on the internal sheets the complete Project Number and the initials of the person(s) responsible for preparing and checking the document. Clearly label trade literature and catalogue information on the front cover with the title, Project Number, date and name of the firm and person(s) responsible for that document. 5-1.4.5 Submittal Paths and Copies. 5-1.4.5.1 General- DELETE IN TI S ki TIRET1'AND SIJDSTITLITE TUE.FOLLON NG: All submittals shall be made to the Engineer. 5-1.4.5.2 Building Structures -DELETE IN 1TS ENTIRETY AND,SUBS'!`1 I UTE TITS FOLLOWING: Submit working, shop and erection drawings, and all correspondence related to building structures, such as Rest Area Pavilions, Office Buildings, and Maintenance Warehouses, to the Architect of Record for review and approval. Send a copy of the transmittal to the Engineer. 5-1.4.5.3 Contractor-Originated Design - DELETE IN ITS ENTIRETY AND RJBSTrIUTE TBE FOLLONVING: Submit shop drawings and applicable calculations to the Engineer for review. Ensure that each sheet of the shop drawings and the cover sheet of the calculations are signed and sealed by the Specialty Engineer or the Contractor's Engineer of Record. Transmit the submittal and copies of the transmittal letters in accordance with the requirements of 5-1.4.5.1 through 5-1.4.5.3, as appropriate. 5-1.4.5.4 Temporary Works - DELETE IN ITS E NTIRETY AND SUBSTUUTE T E FOLLOWING- For Construction Affecting Public Safety, submit to the Engineer shop drawings and the applicable calculations for the design of special erection equipment, falsework, scaffolding, etc. Ensure that each sheet of the shop drawings and the cover sheet of the applicable calculations is signed and sealed by the Specialty Engineer. Transmit the submittal in accordance with the requirements of 5-1.4.5.1 through 5-1.4.5.3, as appropriate. 5-1.4.5.8 Other AUscellaneous Design and Structural Details Furnished by the Contractor in Compliance with the Contract- DELE TEA AND INSERT TIE FOLLOWING: Submit to the Engineer shop drawings and the applicable calculations. Ensure that each sheet of the shop drawings and the cover sheet of the applicable calculations is signed and sealed by the Specialty Engineer. Transmit the submittal in accordance with the requirements of 5-1.4.5.1 through 5-1.4.5.3, as appropriate. GP-12 5-5 Authority of the Engineer- DELETE Ai'dD.E SERTTIIEFOLLOWING- Perform all work to the satisfaction of the Engineer. The Engineer will decide all questions, difficulties, and disputes, of whatever nature, that may arise, relative to the interpretation of the plans, construction, prosecution, and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done, and materials furnished,under or by reason of the Contract. 5-6 Authority and Duties of Engineer's Assistants - DELETE AND INSERTTBE FOLLOWING: The Engineer may appoint such assistants and representatives as he desires. These assistants and representatives are authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work and to the manufacture, preparation, or fabrication of the materials to be used. Such assistants and representatives are not authorized to revoke, alter, or waive any requirement of these Specifications. Rather, they are authorized to call to the attention of the Contractor any failure of the work or materials to meet the Contract Documents, and have the authority to reject materials or suspend the work until any questions at issue can be referred to and decided by the Engineer. The Engineer will immediately notify the Contractor in writing of any such suspension of the work, stating in detail the reasons for the suspension. The presence of the inspector or other assistant in no way lessens the responsibility of the Contractor. 5-7 Engineering and Layout. 5-7.1 Control Points Furnished by the Department-DELETE AND INSE,RT THE EDLLLON)TqG: The Engineer will provide centerline control points and bench marks to facilitate the proper layout of the work. Normally, the Engineer will furnish only one bench mark for water crossings. Preserve all reference points and bench marks that the Department furnishes. Should reference points or benchmarks fall within construction limits, the Contractor shall notify the Engineer for survey coordination, and establish new reference points or benchmarks in locations that will not be affected by the construction and preserved upon completion of construction. The Contractor's surveyor shall verify the accuracy of the design survey data prior to proceeding with work. 5-7.3 Layout of Work-DELETE AND INSERT TBE FOLLOWING: Utilizing the control points furnished by the Department in accordance with 5-7.1, the Contractor's surveyor shall verify the accuracy of the design survey data prior to proceeding with work, and establish all horizontal and vertical controls necessary to construct the work in conformity to the Contract Documents. Perform all calculations required, and set all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all roadway, bridge, and miscellaneous items. When performing utility construction as part of the project, establish all horizontal and vertical controls necessary to carry out such work. GP-13 5-7.5 Personnel, Equipment, and record Requirements - DELETE AND LNSE T THE E+DI.,LONVINQ Employ only competent personnel and use only suitable equipment in performing layout work. Do not engage the services of any person or persons in the employ of the Department for performance of layout work. Keep adequate field notes and records while performing as layout work. Make these field notes and records available for the Engineer's review as the work progresses. 5-7.6 Payment- DELETE AND LNSERT THE FOLLO`aVLNG- The cost of performing layout work as described above shall be incidental to the contract unit price for "Mobilization", L.S. 5-10-Inspections. 5-10.2 Inspection for Acceptance - DELETE AND I1NSERT TIR FOLLONNTI G- Upon notification that all Contract Work, or all Contract Work on the portion of the Contract scheduled for acceptance, has been completed, the Engineer will make an inspection for acceptance. The inspection will be made within seven days of the notification. If the Engineer finds that all work has been satisfactorily completed, the Department will consider such inspection as the final inspection. If any or all of the Work is found to be unsatisfactory, the Engineer will detail the remedial work required to achieve acceptance. The Contract Time shall be suspended to allow the Contractor time to complete the remedial work in accordance wjith the following„schedule- Contract Amount Contract Time Suspension <$5,000,000 30 Days x$5,000,000<$10,000,000 45 Days x$10,000,000 60 Days i If all Work is not completed by the Contractor and accepted by.-Y,the Engineer during.the Contract Time Suspension,the Contract Time shall resume and, after any remaining contract time is expended, Lquidated Damages shall be assessed until all Work is accepted by the Engineer, Upon satisfactory completion of the Work, the Department will provide written notice of acceptance, either partial or final, to the Contractor. Until final acceptance in accordance with 5-11, replace or repair any damage to the accepted Work at no additional cost to the Department and as provided in 7-14. GP-14 5-12 Claims by Contractor. 5-12.1 General--ADD THE FOLLOWING AT THE END OF THIS A1RTIC LI~: 5-12.1.1 Additional or Unforeseen Work and/or Claims for Extra Compensation: Payment for Additional or Unforeseen Work and/or Claims for Extra Compensation Additional or unforeseen work of the type already provided by the contract for which there is a contract price will be paid for at such contract price in accordance with 4-3.2.1. Additional or unforeseen work having no quantity or price provided in the contract will be paid at a negotiated price in accordance with 4-3 and 4-4. Where the cost is negotiated, the Contractor shall submit an estimate to the Department in terms of labor, materials, equipment, overhead (an amount equal to a maximum of ten [10] percent) and other expenses incurred solely as a result of the additional or unforeseen work. When the price for additional or unforeseen work or claims for compensation cannot be mutually agreed upon, such costs shall be recorded on a force account basis. The Contractor shall furnish to the Engineer itemized daily reports of the costs of all force account work which must be mutually agreed upon. The reports shall be summarized and furnished each week and shall include certified copies of the weekly payroll and original receipted bills for the materials used and the freight charges paid on same. The bills shall show credits for any discounts offered by suppliers and only the net amount of the bill shall be charged to. the force account work. Where materials used are not specifically purchased for use on additional or unforeseen work but are taken from the Contractor's stock, the Contractor shall submit a certification of the quantity, price and freight on such materials in lieu of original bills and invoices. From the daily and weekly reports received from the Contractor, the Engineer will prepare on regulation forms, itemized statements containing the following detailed information: 1. Name, class, dates, number of hours worked each day, total hours computed to nearest half hour,rate and extension for each worker and foreman engaged in said work. 2. Designation, number of hours computed to nearest half hour worked each day, total hours, rental rate, and extension for each unit of equipment engaged. 3. Quantities of materials,p rices, and extensions. 4. Freight on materials. 5-12.1.2 Payment: 1. For all labor and foremen engaged in the specific work, the Contractor will be paid the actual rate of wages and the number of hours paid said labor and foremen in accordance with approved labor agreements, computed to nearest half hour, plus 20 percent [20%] of this sum. General Foremen will be classified as Superintendents and their compensation will not be included in the payment provided herein. GP-15 2. For materials, the Contractor will receive the actual cost delivered on the work including freight charges, as shown by original receipted bills, plus 15 percent [15%] of the stun thereof. For small hand and power tools including chain saws, circular satins and wrenches, no payment will be allowed. 3. The portion of the cost for equipment shall be based on the Rental Rate Blue Book for Construction Equipment, published by Dataquest (version current at time of work) in accordance with the following: (a) Costs shall be provided on an hourly basis. Hourly rates, for equipment being operated or on standby, shall be established by dividing the Blue Book monthly rates by 176. The columns, itemizing rates, labeled "Weekly", "Daily", and "Hourly" shall not be used. (b) On all projects, the costs shall be adjusted by regional adjustments and by Rate Adjustment Tables according to the instruction in the Blue Book. (c) Reimbursement for the equipment being operated shall be at a rate of 75 percent [75%] of the Blue Book ownership cost plus 100 percent [100%] of the Blue Book operating costs. (d) Reimbursement for equipment required to be idled and on standby, shall be at 50 percent [50%] of the Blue Book ownership cost, only. No more than eight hours of standby will be paid on a single day. (e) No additional overhead will be allowed on equipment costs. No operating cost will be allowed for idle equipment. No payment will be made for any type of repairs to equipment. Transportation costs for the moving of such equipment to and from the specific force account operation will be paid. The cost shall be supported by invoice showing actual cost to Contractor. Transportation costs will be paid from the nearest reasonable source of available equipment. If the equipment is not returned to the contractor's nearest equipment storage lot, but is moved to other work, then only the lesser cost of transportation will be paid. The movement to and from the specified force account operation will be as directed by the Engineer. 1. The necessary and required equipment will be inspected and start its rental time on the project in good condition. All equipment must be in good operating condition to qualify for rental payment. For a piece of machinery or equipment which must be brought to the site of the force account work from a source other than another location on the project, rental time shall begin when the unit arrives and it is first used on the force account work. For a piece of machinery or equipment which is already on the project,rental time shall begin when it is first used on the force account work. The rental rate for the Foreman's Transportation unit will be based on the Blue Book for Construction Equipment, published by Dataquest (version current at time of work). GP-16 Upon completion of the need for a piece of machinery or equipment, rental time shall cease unless the Engineer has directed, on the basis of a previously agreed schedule, that it be kept at the site of the force account work for economical performance of future force account work. 2. When force account work or any extra work is accomplished by an approved subcontractor, the Contractor shall receive, as compensation for administration costs, an amount equal to a maximum of ten percent of the total amount paid for subcontracted work. The compensation as herein provided shall be accepted by the Contractor as payment in full for extra work and claims done on a force account basis. The Contractor's representative and the Inspector shall daily compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate, upon a form provided for this purpose, by the Inspector, and signed by both the Inspector and the Contractor's representative; one copy being forwarded to the Engineer or his authorized representative, and one copy to the Contractor. All claims for extra work done on a farce account basis shall be submitted by the Contractor upon certified statements, to which shall be attached original reccipted bills covering the costs of the transportation charges on all materials used in such work. However, if materials used on the force account work are not specifically purchased for such work but are taken from the Contractor's stock, then in lieu of the invoices, the Contractor shall furnish an affidavit certifying that such materials were taken from his stock, that the quantity claimed was actually used, and that the price and transportation claimed represent actual cost to the Contractor. 5-12.2 Notice of Claim: 5-12.2.1 Claims For Extra Work: DELETE IN ITS ENTIRETY 5-12.2.2 Claims For Delay: DELETE IN ITS ENTIRETY 5-12.3 Content of Written Claim: DELETE ITEM (E ) IN ITS ENTIRETY 5-12.4 Action on Claim -DELETE AND INSERT TBE F OI-LDN'YTNC: The Engineer will respond within 90 calendar days of receipt of a complete claim submitted by a Contractor in compliance with 5-12.3. Failure by the Engineer to respond to a claim within 90 days after receipt of a complete claim in compliance with 5-12.3 constitutes a denial of the claim by the Engineer. If the Engineer finds the claim or any part thereof to be valid, such partial or whole claim will be allowed and paid for to the extent deemed valid and any time extension granted, if applicable, as provided in the Contract. No circuit court or arbitration proceedings on any claim, or a part thereof, may be filed until after final acceptance per 5-11 of all Contract work by the Department or denial hereunder,whichever occurs last. 5-12.5 Pre-Settlement and Pre-Judgment Interest—DELETE IN ITS ENTIRETY 5-12.6 Compensation for Extra Work or Delay: DELETE I TSENTIRETY GP-17 5-12.12 Settlement Discussions - DELETE AND LNSEKr THE FOLL,ONVINT Go Tlie content of any discussions or meetings held between the Department and the Contractor to settle or resolve any claims submitted by the Contractor against the Department shall be inadmissible in any legal, equitable, arbitration or administrative proceedings brought by the Contractor against the Department for payment of such claim. 5-12.13 Personal Liability of Public Officials -DELETE<k D INSERT THE FOLLONVING. In carrying out any of the provisions of the Contract or in exercising any power or authority granted to the Engineer or any of their respective employees or agents, there shall be no liability on behalf of any employee, officer or official of the Department for which such individual is responsible, either personally or as officials or representatives of the Department. It is understood that in all such matters such individuals act solely as agents and representatives of the Department. SECTION G CONTROL OF MATERIALS 6-1 Acceptance Criteria. 6 -1.1 General - ADD THE FOLLOWING AT THE END OF THIS ARTICLE: All materials / products / certifications incorporated into the work shall be from F.D.O.T. certified and approved sources unless otherwise set forth herein. 6-1.2 Sampling and Testing-DELETE AND INSERT THE FOLLOWING: Restore immediately any site from which material has been removed for sampling purposes to the pre-sampled condition with materials and construction methods used in the initial construction, at no additional cost to the Department. Ensure when a material is delivered to the location as described in the Contract, there is enough material delivered to take samples, at no expense to the Department. ADD THE FOLLOWING ST JB,-,RTICLE: 6-1.2,5 All materials that are subjected to tests by samples or otherwise, shall be compensated for as follows: a) All tests made that indicate failures to meet the design criteria shall be paid for by the Contractor. b) All tests made that indicate passing of the design criteria and approved as such by the Engineer, shall be paid for by the Owner or Palm Beach County. GP-1$ 6-6 Warranty- INSERT NEW SUB-ARTICLE 6- "WARRANTY" AT THE END OF SECTION 6: The Contractor warrants to the Owner and Engineer that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all work will be of good quality, free from faults and defects and in conformance with Contract Documents. All work not so conforming to these requirements may be considered defective. If required by the Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All work shall be warranted and guaranteed unconditionally for a period of one (1) year after the letter of final acceptance. SECTION 7 LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC 7-1.9 Florida Minority Business Loan Mobilization Program -DELETE IN ITS ENTIRETY. 7-2 Permits and Licenses. 7-2.1 General- DELETE AND INSERT THE FOLLOWING: Except for permits procured by the Department, if any, procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. It shall be the Contractor's responsibility to become familiar with all local governmental codes, ordinances, and laws governing, associated with, or pertaining to the prosecution and completion of the work and to obtain and procure all applicable permits and licenses associated or incidental thereto. Additionally,the contractor shall be responsible for giving all notices necessary or incidental to the prosecution and completion of the work. Any costs involved in procuring permits and licenses, complying with local codes, ordinances or laws, or giving notices shall be incidental to the project and paid by the contractor. I Any permits required by municipality or public agency, including but not limited to tree removal and dewatering, shall become the responsibility of the Contractor. The permitting time shall be included in the bid proposal and work progress schedule. The Contractor shall also be responsible for completing appropriate certifications by a Professional Engineer, certified in the State of Florida, as outlined on PER-l. The Department will also acquire any modifications or revisions to an original permit when the Contractor requires such modifications or revisions to complete the construction operations specified in the plans or Special Provisions and within the right-of-way limits. Acquire all permits for work performed outside the right-of-way or easements for the project. GP-19 In carrying out the work in the Contract, when under the jurisdiction of any environmental regulatory agency, comply with all regulations issued by such agencies and with all general, special, and particular conditions relating to construction activities of all permits issued to the Department as though such conditions were issued to the Contractor. Post all permit placards in a protected location at the worksite. In case of a discrepancy between any permit condition and other Contract Documents, the more stringent condition shall prevail. 7-11.3 Contractors' Use of Streets and Roads. 7-11.3.2 On the State Highway System- DELETE IN ITS ENTIRETY. 7-11.4 Traffic Signs, Signal Equipment, Highway Lighting and Guardrail: DELETE THE LAST I'_'i�RAGRAPH AND INSERT THE FOLLOWING: Payment for repairs will be incidental to the cost of Maintenance of Traffic (MOT), L.S. 7-11.6 Utilities. 7-11.6.1 General-AID THE FOLLOWING AT THE BEGINNING OF THIS SUB- ARTICLE: Unless otherwise specified, all references to utility work, coordination, adjustments, permits, utility pay items, etc. shall be considered separate and distinct from Roadway and Bridge items and shall pertain to all utilities including Palm Beach County Water Utilities Department (PBCWUD) and Palm Beach County Traffic Division. The Contractor shall be responsible to be familiar with and assure that all utility related work be performed in accordance with each respective utility department's minimum engineering and construction standards. Sufficient time has been allotted in the contract "time of completion" for the Contractor to coordinate the installation and relocation of all utilities. It is the responsibility of the Contractor to assure that this coordination is implemented and included in the work schedule. Utility adjustments shall be the responsibility of the respective utility company, unless otherwise indicated on the plans or in the specifications. The Contractor shall be responsible to ascertain the exact location of all utilities prior to construction regardless of information which may be indicated on the drawings. Utilities shall be located and marked in the field. The Contractor shall take reasonable steps to protect the utilities from damage. In addition, the Contractor shall be responsible to verify if "other" utilities (not shown in the plans) exist within the area of construction. Should there be utility conflicts, the Contractor shall inform the Engineer and notify the respective utility owners to resolve utility conflicts and utility adjustments, as required. GP-20 The Contractor shall plan his work and conduct his construction operations in cooperation with the various Utility Companies. The Contractor shall use extreme caution where construction is performed in proximity to utilities, and the Engineer and the respective utility owner shall be notified when any work may conflict with the utilities. The Contractor shall make all necessary arrangements with the Utility Companies concerned for the maintenance of their lines during the construction period. In the event that complete relocation of utilities has not been accomplished prior to the effective date of the "Notice to Proceed", the Contractor nevertheless shall commence to work under this contract and schedule his work to avoid interference with the utility relocation work. The County will not be. liable for any delay or added expense to tl e Contractor due to the activities of the Utility Companies, nor shall the County be held responsible for any damage to any utilities due to any action by the Contractor. 7-12 Responsibility For Damages, Claims, Etc. 7-12.1 Contractor to Provide Indemnification: DELETE AND INSERT THE FOLLOWING: The Contractor shall indemnify, defend, save, and hold harmless Palm Beach County and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents, or employees. In the performance of the construction Contract, neither the contractor/consultant, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the County or any of its officers, agents, or employees. It is binding to the Contractor that the above language be included in any and all agreements with subcontracts executed in connection with this contract. Unless otherwise noted herein, it is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of any part of the Contract to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Contract. 7-13 Insurance. 7-13.1 General-DELETE AND INSERT THE FOLLOWING: Unless otherwise specified in this Contract, or approved by County's Risk Management Department, the Contractor shall, at its sole expense, maintain in fall force and effect at all times during the life of this contract or the performance of work hereunder, insurance coverage with limits, including endorsements, not less than those set forth in the Insurance Coverage & Limit Table below and with insurers and under forms of policies acceptable to the County. Contractor shall deliver to the Department Certificate(s) of insurance evidencing that such policies are in full force and effect, not later than fourteen (14) calendar days after receipt of Notification of Intent to Award, but in any event, prior to execution of the Contract by the County and prior to commencement of work on the project. Such certificate(s)shall adhere in every respect to the conditions set forth herein. GP-21 The requirements contained herein as to types and limits, as well as County's approval of insurance coverage to be maintained by Contractor, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under the Contract. 7-13.1.1 Commercial General Liability: Contractor shall agree to maintain a standard Insurance Service Office (ISO) version Commercial General Liability policy form, or its equivalent providing coverage for, but not be limited to; Bodily Injury and Property Damage, Premises/Operations, Personal Injury, Products/Completed Operations, Independent Contractors, Contractual Liability, Broad Form Property Damage, X-C-U (X = Explosion; C = Collapse; U = Underground) Coverages (if applicable), Severability of Interest including Cross Liability, and be in accordance with all of the limits, terms and conditions set forth herein. Contractor agrees this coverage shall be provided on a primary basis. 7-13.1.2 Business Automobile Liability: Contractor shall agree to maintain a standard Insurance Service Office (ISO) version Business Automobile Liability coverage form, or its equivalent, providing coverage for all owned, non-owned and hired automobiles, and in accordance with all of the limits, terms and conditions set forth herein. Contractor agrees this coverage shall be provided on a primary basis. Notwithstanding the foregoing, should the Contractor not own any automobiles, the business auto liability requirement shall be amended to allow the Contractor to agree to maintain only Hired & Non-Owned Auto Liability. This amended coverage requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Coverage form. 7-13.1.3 Worker's Compensation &E'mployer's Liability: Contractor shall agree to maintain Worker's Compensation Insurance & Employers Liability, including Federal Act endorsement for U.S. Longshoremen's and Harbor Workers Act when any work is on or contiguous to navigable bodies of U.S. waterways and ways adjoining, covering all of its employees on the work site. This coverage shall be accordance with all of the limits, terms and conditions set forth herein. Exemptions for a Contractor in or doing work in the Construction Industry, or proof of worker's compensation coverage provided by an employee leasing arrangement shall not satisfy this requirement. If any work is sublet Contractor shall require all subcontractors to similarly comply with this requirement unless such subcontractors' employees are covered by Contractor's Worker's Compensation insurance policy. Contractor agrees this coverage shall be provided on a primary basis. Contractor shall defend, indemnify and save the County and the Engineer harmless from any damages resulting to them for failure of Contractor to take out or maintain such insurance. 7-13.1.4 Additional Required Insurance When Work Involves: The Contractor shall agree to maintain the following additional required insurance coverages with respect to any work involving property, operations, or type of equipment for which each insurance coverage described below has been designed specifically to provide coverage for. GP-22 7-13.1.4.1 Railroad Protective Liability: With respect to any of the work involving construction of a railroad grade crossing, overpass or underpass structure, or a railroad crossing signal installation, or any other work or operations by the Contractor within the limits of the railroad right of way including any encroachments thereon from work or operations within the vicinity of the railroad right of way the Contractor shall furnish to the County for transmittal to the railroad company, an original insurance policy which, with respect to the operations he or any of his subcontractors perform, will provide for and in behalf of the railroad company, Railroad Protective Liability. Coverage shall be in accordance with all of the limits, terms and conditions set forth herein and conform with the requirements of the U.S. Department of Transportation, Federal Highway Administration, Federal-Aid Program Manual, Volume 6, Chapter 6, Section 2, Subsection 2, Transmittal 350, dated October 1, 1982, and any supplements or revisions. Contractor agrees this coverage shall be provided on a primary basis. 7-13.1.4.2 Watercraft Liability: With respect to any of the work hereunder involving watercraft owned, hired, or borrowed, the Contractor shall agree to maintain Protection and Indemnity, or similar Watercraft Liability. Coverage shall be included either way of endorsement under the Commercial General Liability or by separate watercraft liability insurance and be in accordance with all of the limits, terms and conditions set forth herein. Contractor agrees this coverage shall be provided on a primary basis. 7-13.1.4.3 Aircraft Liability: With respect to any of the work involving (fixed wing or helicopter) aircraft owned, hired, or borrowed, the Contractor shall agree to maintain Aircraft Liability, Passenger Liability shall be included when persons other than the pilot and crew are occupying the aircraft. Coverage shall be in accordance with all of the limits, terms and conditions set forth herein. Contractor agrees this coverage shall be provided on a primary basis. 7-13.2 Utility Owners Protective Liability: When the work under the Contract involves the installation of attachments to joint-use utility poles, the Contractor shall furnish evidence to the County that, with respect to the operations he performs, his Commercial General Liability is endorsed with a Broad Form Contractual Endorsement covering the below indemnification or the County and Utility Company are to be an Additional Named insured on the policy. The Contractor hereby agrees to indemnify, defend, save and hold harmless the County and any owner of equipment attached to or supported by a jointly used pole from all claims, liabilities and suits whether or not due to or caused by negligence of the County or joint pole equipment owners for bodily injury or death to person(s) or damage to property resulting in connection with the performance of the described work by Contractor, its subcontractors, agents or employees. GP-23 7-13.3 ,Satisfying Limits Under an Umbrella. Policy: If necessary, the Contractor may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage tinder an Umbrella or Excess Liability. The underlying limits may be set at the minimum amounts required by the Umbrella or Excess Liability provided the combined limits meet at least the minimum limit for each required policy. The Umbrella or Excess Liability shall have an Annual Aggregate at a limit not less than two (2)times the highest per occurrence minimum limit required above for any of the required coverages. The County and any other applicable entities shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Umbrella or Excess Liability provides continuous coverage to the underlying policies on a complete Follow-Form basis without exceptions and stated as such on the Certificate of Insurance. 7-13.4 Additional Insured: The Contractor agrees to endorse the County and any other required entity as an Additional Insured on each insurance policy required to be maintained by the Contractor, except for Worker's Compensation and Business Auto Liability. The CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, shall be endorsed to the Commercial General Liability. Other policies, when required, such as for watercraft, aircraft, and utility owners protective, shall provide a standard Additional Insured endorsement offered by the insurer providing coverage with respect to liability arising out of the operations of the Contractor. The endorsement shall read "Palm Beach_County Board of County Commissioners". The Contractor shall agree the Additional Insured endorsements provide coverage on a primary basis. Endorsement shall be in accordance with all of the limits, terms and conditions set forth herein. 7-13.5 Additional Requirements. 7-13.5.1 Waiver of Subrogation: The Contractor shall agree, by entering into this Contract, to a Waiver of Subrogation for each required policy providing coverage during the life of this Contract. When required by the insurer or should a policy condition not permit an Insured to enter into an pre-loss agreement to waive subrogation without an endorsement, then the Contractor shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should the insured enter into such an agreement on a pre-loss basis. The Waiver of Subrogation shall be in accordance with all of the limits,terms and conditions set forth herein. 7-13.5.2 Right to Review & Adjust: The Contractor shall agree, notwithstanding the foregoing, the County, by and through its Risk Management Department, in cooperation with the Department, reserves the right to periodically review, reject or accept all required policies of insurance, including limits, coverages, or endorsements, hereunder from time to time throughout the life of this Contract. Furthermore, the County reserves the right to review and reject any insurer providing coverage because of poor financial condition or because it is not operating legally. GP-24 In such event, County shall provide Contractor written notice of such adjusted limits and Contractor shall agree to comply within thirty (30) days of receipt thereof and to be responsible for any premium revisions as a result of any such reasonable adjustment. 7-13.5.3 No representation of Coverage Adequacy: The coverage's and limits identified in the table have been determined to protect primarily interests of the County only, and the Contractor agrees in no way should the coverages and limits in the table be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposures, whether as a result of the construction project or otherwise. 7-13.5.4 Certificate of Insurance: Certificates of Insurance must provide clear evidence that Contractor's Insurance Policies contain the minimum limits of coverage, cancellation notice, and terms and conditions set forth herein. In the event the County is notified that a required insurance coverage will cancel or non-renewed during the period of this Contract, the Contractor shall agree to furnish prior to the expiration of such insurance, an additional certificate of insurance as proof that equal and like coverage for the balance of the period of the Contract and any extension thereof is in effect. Contractor shall agree not continue to work pursuant to this Contract unless all required insurance remains in effect. The County shall have the right,but not the obligation, of prohibiting Contractor or any subcontractor from entering the project site until such certificates or other evidence that insurance has been placed in complete compliance with these requirements is received and accepted by the County. The County Reserves The Right To Withhold Payment, But Not The Obligation, To Contractor Until Coverage Is Reinstated. If The Contractor Fails To Maintain The Insurance As Set Forth Herein, The County Shall Have The Right, But Not The Obligation, To Purchase Said Insurance At Contractor's Expense. 7-13.5.4.1 Additional Requirements for Certificates of Insurance: 1. Shall clearly identify Palm Beach County, a political subdivision of the State of Florida, its officers, agents and employees as Additional Insured for all required insurance coverages, except Workers Compensation and Business Auto Liability. 2. Shall clearly indicate project name and project number to which it applies. 3. Shall clearly.indicate a notification requirement in the event of cancellation or non-renewal of coverage. 4. Evidence of renewal coverage or reinstatement of cancelled coverage must be provided in advance of any policy that may expire during the term of this Contract. Failure to provide such certificate shall result in automatic stoppage of the work until such time as the renewal certificate is supplied. GP-25 S. Contractor shall deliver original Certificate(s) of Insurance to the following Certificate Holder address: Palm Beach County Engineering & Public Works Department 2300 North Jog Rd., Suite 3W-12 West Palm Beach, FL 33411-2745 6. The Certificates of Insurance must be completed in the original and signed and returned to the County along with Contracts and Sureties. 7-13.5.5 Deductibles, Coinsurance Penalties, & Self-Insured Retention: The CONTRACTOR shall agree to be fully and solely responsible for any costs or expenses as a result of a coverage deductible, coinsurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, coinsurance penalty, or self-insured retention. 7-13.5.6 Subcontractor's Insurance: The CONTRACTOR shall agree to cause each subcontractor employed by CONTRACTOR to purchase and maintain insurance of the type specified herein, unless the CONTRACTOR'S insurance provides coverage on behalf of the subcontractor. When requested by the COUNTY, the CONTRACTOR shall agree to obtain and furnish copies of certificates of insurance evidencing coverage for each subcontractor. THIS SPACE LEFT BLANK INTENTIONALLY GP-26 7-13.5.7 Insurance Coverage & Table: The CONTRACTOR shall agree to maintain the coverage, endorsements, and limits of liability in accordance with and set forth by the Insurance Coverage & Table below: INSURANCE COVERAGE&LIMIT TABLE TYPE OF COVERAGE CONTRACTS LESS THAN CONTRACTS$500,000 OR $500,000 MORE COMMERCIAL GENERAL LIABILITY: Limit of Liability not less than: $500,000 $1,000,000 per occurrence per occurrence Additional Insured endorsement required: General Aggregate Limit.must apply Per Project Yes Yes COMPREHENSIVE AUTO LIABILITY: Limit of Liability not less than: $500,000 $1,000,000 per occurrence per occurrence WORKERS COMPENSATION&EMPLOYERS LIABILITY: Coverage not less than: Statutory Employers Liability Limits not less than: $100,0001500,0001100,000 WATERCRAFT LIABILITY: Limit of Liability not less than: $1,000,000 per occurrence dditional Insured endorsement required: Yes AIRCRAFT LIABILITY: Limit of Liability not less than: $5,000,000 per occurrence When used to carry passengers(excluding $1,000,000 aircrafts crew)coverage for Passenger Liability not less per passenger an: Additional Insured endorsement required: Yes RAILROAD PROTECTIVE LIABILITY: Limit of Liability not less than: $2,000,000 per occurrence $6,000,000 aggregate Additional Insured endorsement required: General Aggregate Limit must apply Per Project Yes UTILITY OWNERS PROTECTIVE LIABILITY: Limit of Liability not less than: $1,000,000 per occurrence Additional Insured endorsement required: Yes i GP-27 7-14 Contractor's Responsibility for Work- ADD THE FOLLOWING AT THE END DE THIS AR'T'ICLE: In addition to the above, the Contractor will not be held responsible for damage to any landscape items caused by an officially declared hurricane which occurs after the final acceptance of the entire work(as specified in 580), but during any remaining portion of the 90-day establishment period. 7-16 Wage Rates for Eede_ral-Aid Projects. - DELETE AND INSERT T HE FOLLOWING: For all projects that include Federal-aid participation, the Contract documents contain requirements with regard to payment of predetermined minimum wages. Predetermined Wage Rate Decisions (U.S. Department of Labor provided Wage Rate Tables) exist for Heavy, Highway, and Building Construction Projects. 7-23 Contractor's Motor Vehicle]Registration - DELETE AND INSERT THE FOLLOWING: Upon request by the Department, the Contractor shall provide the Department with proof that all motor vehicles operated, or caused to be operated by such Contractor, are registered in compliance with Chapter 320 of the Florida Statutes. Submit such proof of registration in the form of a notarized affidavit to the Department. The Department will not make payment to the Contractor until the required proof of registration is on file with the Department. If the Contractor fails to register any motor vehicle that he operates 'in Florida, pursuant to Chapter 324 of the Florida Statutes, the Department may disqualify the Contractor from bidding, or the Department may suspend and revoke the Contractor's certificates of qualification. SECTION 8 PROSECUTION AND PROGRESS 8-1 Subletting or Assigning of Contracts -DELETE AND INSERT THE FOLLOWING: Do not, sell, transfer, assign or otherwise dispose of the Contract or Contracts or any portion thereof, or of the right, title, or interest therein, without written consent of the Department. If the Contractor chooses to sublet any portion of the Contract, the Contractor must provide a written request to sublet work to the Department, for this purpose. With the Engineer's acceptance of the request, the Contractor may sublet a portion of the work, but shall perform with his own organization work amounting to not less than 50%of the total Contract amount. The written request will be deemed acceptable by the Department, for purposes of the Department's consent, unless the Engineer notifies the Contractor within 5 business days of receipt of the written request that the Department is not consenting to the requested subletting. GP-28 Include in the total Contract amount the cost of materials and manufactured component products, and their transportation to the project site. For the purpose of meeting this requirement the Department will not consider off-site commercial production of materials and manufactured component products that the Contractor purchases, or their transportation to the project, as subcontracted work. If the Contractor sublets a part of a Contract item, the Department will use only the sublet proportional cost in determining the percentage of subcontracted normal work. Execute all agreements to sublet work in writing and include all pertinent provisions and requirements of the Contract. Upon request, furnish the Department with a copy of the subcontract. The subletting of work does not relieve the Contractor or the surety of their respective liabilities under the Contract_ The Department recognizes a subcontractor only in the capacity of an employee or agent of the Contractor and the Engineer may require the Contractor to remove the subcontractor as in the case of an employee. 8-3 Prosecution of Work. 84.2 Submission of Working Schedule - DELETE .AND INSERT THE FOLLOWING: Provide a schedule that shows the various activities of work in sufficient detail to demonstrate a reasonable and workable plan to complete the project within the Contract Time. Show the order and interdependence of activities and the sequence for accomplishing the work. Describe all activities in sufficient detail so that the Engineer can readily identify the work and measure the progress on each activity. Show each activity with a beginning work date, a duration, and a monetary value. Include activities for procurement fabrication, and deliver of materials, plant, and equipment, and review time for shop drawings and submittals. Include milestone activities when milestones are required by the rD Contract Documents. In a project with more than one phase, adequately identify each phase and its completion date, and do not allow activities to span more than one phase. The Engineer will return inadequate schedules to the Contractor for corrections. Resubmit a corrected schedule within 15 calendar days from the date of the Engineer's return transmittal. Submit an updated Work Progress Schedule, for Engineer's acceptance, if there is a significant change in the planned order or duration of an activity. The Engineer will review the corrected schedule and respond within 7 calendar days of receipt. By acceptance of the schedule, the Engineer does not endorse or otherwise certify the validity or accuracy of the activity durations or sequencing of activities. The Engineer will use the accepted schedule as the baseline against which to measure the progress. If the Contractor fails to finalize either the initial or a revised schedule in the time specified, the Engineer will withhold all Contract payments until the Engineer accepts the schedule. GP-29 8-3.3 Beginning Work. - DELETE AND INSERT THE FOLLOWING: For contracts bearing a specified number of calendar days to complete, as stated in the bid form, effective date for starting the work shall be established during the Pre-Construction Conference and shall be so stated in writing by the "Notice to Proceed" issued by the County Engineer. The effective date of beginning of work stipulated in the "Notice to Proceed" shall be set at a date not later than one hundred twenty (120) calendar days after the date of execution of the Contract Documents by the Board of County Commissioners, unless otherwise mutually agreed by the Contractor and the County Engineer. 8-3.5 Preconstruction Conference - DELETE AND INSERT THE FOLLOWING: After the award of contract and prior to issuance of the "Notice to Proceed" a Pre-Construction Conference will be held between the Contractor, representative of the County Engineer's Office, representative of other municipalities concerned, utility companies, other contractors affected by the work and any other persons designated by the County Engineer's Office to have a material interest in the work. The time and place of this conference will be set by the County Engineer's Office. The Contractor shall bring with him to this conference a copy of his proposed work schedule for the job. 8-6 Temporary Suspension of Contractor's Operations. 8-6.1 Authority to Suspend Contractor's Operations - ADD THE FOLLOWING TO THE END OF THIS ARTICLE: In particular, the Engineer reserves the right to suspend work on the project from December 15th to January 1st. The Engineer will give a minimum of thirty (3 0) calendar days notice of suspension. Prior to carrying out any work on the project during the period of directed suspension, the Contractor shall obtain written approval from the Engineer. 8-6.1.1 State of Emergency - DELETE AND INSERT THE FOLLOWING: The Engineer has the authority to suspend the Contractor's operations, wholly or in part, pursuant to a Governor's Declaration of a State of Emergency. The Engineer will order such suspension in writing, giving in detail the reasons for the suspension. Contract Time will be charged during all suspensions of Contractor's operations. The Department, at its sole discretion, may grant an extension of Contract Time and reimburse the Contractor for specific costs associated with such suspension. 8-6.4 Suspension of Contractor's Operations-Holidays -DELETE AND INSERT THE FOLLOWING: Unless the Contractor submits a written request to work on a holiday at least ten days in advance of the requested date and receives written approval from the Engineer, the Contractor shall not work on the following days: Martin Luther King, Jr. Day; Memorial Day; the Saturday and Sunday immediately preceding Memorial Day; Independence Day; Labor Day; the Friday, Saturday, and Sunday immediately preceding Labor Day; Veterans Day; Thanksgiving Day; the Friday, Saturday and Sunday immediately following Thanksgiving Day; and December 24 through January 2, inclusive. GP-30 Contract Time will be charged during these holiday periods regardless of whether or not the Contractor's operations have been suspended. Contract time will be adjusted in accordance with 8- 7.3.2. The Contractor is not entitled to any additional compensation beyond any allowed contract time adjustment for suspension of operations during such holiday periods. The Contractor will be allowed additional vacation days for each working day included in the Engineer directed suspension of work between December 15th and December 23rd.During such suspensions, remove all equipment and materials from the clear zone, except those required for the safety of the traveling public and retain sufficient personnel at the job site to properly meet the requirements of Sections 102 and 104. The Contractor is not entitled to any additional compensation for removal of equipment from clear zones or for compliance with Section 102 and Section 104 during such holiday periods. 8-7 Computation of Contract Time. 8-7.I General-ADD THE FOLLOWING TO THE SEND OF THIS ARTICLE: No payment or adjustment will be allowed the Contractor as reimbursement for any 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. 8-7.2 Date of Beginning of Contract Time - DELETE AND INSERT TIM, FOLLOWING: WING: The date on which Contract Time begins is she Notice to Proceed (N.T.P.) date. 8-8 Failure of Contractor to Maintain Satisfactory Progress. 8-81 General: Pursue the work to completion-ADD THE FOLLOWING TO THE END OF THIS ARTICLE: Satisfactory progress is an essential element of the contract and, as delay in the prosecution of the work will inconvenience the public, obstruct traffic, and interfere with business, it is important that the work be pressed vigorously to completion. Moreover, the cost to the Department for the administration of the contract, including engineering, inspection, and supervision, will be increased as the construction period is lengthened. 8-8.2 Regulations Governing Suspension for Delinquency - DELE'T'E AND INSERT THE li O LLCIWING: (a) A Contractor may be declared delinquent because of unsatisfactory progress on a contract with the County, when the contract time allowed has not been entirely consumed, but the Contractor's progress at any check period does not meet at least one of the following two tests: (1) The percentage of dollar value of completed work with respect to the total amount of the Contract is within ten percentage points of the percentage of contract time elapsed. GP-31 (2) The percentage of dollar value of completed work is within ten percentage points of the dollar value which should have been performed according to the Contractor's own progress schedule previously approved by the Engineer. In lieu of the "ten percentage points" stipulated in the two preceding paragraphs, "twenty" (20) percentage points may be allowed for a Contractor who, in the opinion of the County Engineer, has adequate organization, equipment, and financial resources to undertake other contract or subcontract work without conflict or delay in prosecuting work under existing contracts let by the County. (b) A Contractor will be declared delinquent because of unsatisfactory progress on the contract with the County,under either of the following circumstances: (1) The contract time allowed has been consumed and the work has not been completed. (2) The contract time allowed has not been entirely consumed the Contractor's progress at any check period does not meet either of the two tests described under the paragraphs headed (a) above (c), A Contractor declared delinquent under the provisions of S-S will be disqualified from further bidding and also will not be approved as a subcontractor so long as the delinquent status exists. Also, any individual, firm, partnership or corporation, affiliated with a delinquent Contractor for either personnel, equipment or finances, shall likewise be disqualified. (c) The Contractor may appeal to the County Engineer for relief from his disqualification status. The County Engineer will act upon any appeal within thirty (30) calendar days after the filing thereof, and will promptly notify tlhe appellant ofthe action taken. (d) A Contractor disqualified under the requirements of this Article will be removed from such status upon receipt of evidence from the Construction Coordination Division that his progress is no longer delinquent,provided the contract time has not elapsed. (c) The principal progress check period will occur monthly, upon receipt in Construction Coordination Division of the Contractor's monthly estimates. Postings will generally be completed by the first week of each month, and preliminary notices of delinquency will be sent to the Contractor by telegram immediately thereafter, and confirmed by certified mail. (f) No Contractor given such a preliminary notice of delinquency will be finally declared delinquent until a period of ten calendar days after the preliminary notice has elapsed. During this ten-day period the affected Contractor may request any extensions of time, or other considerations which would affect his delinquency,which he feels he is entitled to. (g) Final notification of delinquency will be made by telegram and certified mail after the expiration of this ten-day period, provided no extensions of time or other considerations are deemed proper by the County Engineer, and provided the delinquency status has not been corrected. (h) The County Engineer may grant extensions of time during the prosecution of the work, as allowed under the Standard Specifications and General Provisions for the work, regardless of the Contractor's delinquency status. GP-32 8-9 Default and Termination of Contract 8-9.2 Termination of Contract for Convenience: - DELETE AND INSERT THE FOLLOWING: Owner may, at its option, terminate the Contract, in whole or in part at any time by written notice thereof to Contractor, whether or not Contractor is in default. Upon any such termination, Contractor hereby waives any claims for damages from the optional termination, including loss of anticipated profits, on account thereof, but as the sole right and remedy of Contractor, Owner shall pay Contractor in accordance with Subparagraphs below, provided, however, that those provisions of the Contract which by their very nature survive final acceptance under the Contract shall remain in full force and effect after such termination. A. Upon receipt of any such notice, Contractor and its Surety shall, unless the notice requires otherwise: 1. Immediately discontinue work on the date and to the extent specified in the notice; 2. Place no further orders or subcontracts for materials, services, or facilities, other than may be necessary or required for completion of such portion of work under the Contract that is not terminated; 3. Promptly make every reasonable effort to obtain cancellation upon terms satisfactory to Owner of all orders and subcontracts to the extent they relate to the performance of work terminated or assign to Owner those orders and subcontracts and revoke agreements specified in such notice; 4. The Contractor agrees to assign all Subcontracts required for performance of this Contract to the Owner; 5. The Contractor shall include in all Subcontracts, equipment leases and purchase order, a provision requiring the subcontractor, equipment lessor or supplier, to consent to the assignment of their Subcontract to the Owner; 6. Assist Owner, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by Owner under the Contract; and 7. Complete performance of any work which is not terminated. B. Upon any such termination, Owner will pay to Contractor an amount determined in accordance with the following(without duplication of any item.): 1. All amounts due and not previously paid to Contractor for work completed in accordance with the Contract prior to such notice, and for work thereafter completed as specified in such notice. 2. The reasonable cost of settling and paying claims arising out of the termination of work under subcontracts or orders as provided in Subparagraph A.3. above. 3. The verifiable costs incurred pursuant to Subparagraph A.5. above. 4. Any other reasonable costs which can be verified to be incidental to such termination of work. GP-33 The foregoing amounts will include a reasonable sum, under all of the circumstances, as profit for all work satisfactorily performed by Contractor. Contractor shall submit within 30 days after receipt of notice of terxnination, a proposal for an adjustment to the contract price including all incurred costs described herein. Owner shall review, analyze, and verify such proposal, and negotiate an equitable adjustment, and the Contract shall be amended in writing accordingly. 8-10 Liquidated Damages for Failure to Complete the Work. 8-10.2 Amount of Liquidated Damages: Applicable liquidated damages are the amounts established in the following schedule: Original Contract Amount..Daily Char e Per Calendar Da $50,000 and under..........................................................$278 Over$50,000 but less than$250,000.............................$388 $250,000 but less than$500,000....................................$566 $500,000 but less than$2,500,000..............................$1,148 $2,500,000 but less than $5,000,000...........................$1,914 $5,000,000 but less than $10,000,000.........................$2,514 $10,000,000 but less than $15,000,000.......................$3,300 $15,000,000 but less than $20,000,000.......................$3,782 $20,000,000 and over...........................................$5,684 plus .................................. 0.00005 of any amount over $20 million 8-10.2.1 Amounts Reasonable/No Penalty - ADD TIDE FOLLOWING SUB-ARTICLE; The Contractor hereby agrees and affirms that the amounts specified in this section reflect a fair compensable value for damages suffered by County as a result of Contractor's delay, and that said amounts are not a penalty nor will ever be contested as reflecting the imposition of a penalty against Contractor. SECTION 9 MEASUREMENT AND PAYMENT 9-2 Scope of Payments. 9-2.1.1 Fuels: -DELETE AND INSERT THE FOLLOWING: The Department will make no price adjustments for fuels. GP-34 9-2.1.2 Bituminous Material - DELETE AND INSERT THE FOLLOWING: Department will adjust the bid unit price for bituminous material, excluding cutback and emulsified asphalt to reflect increases or decreases in the Asphalt Price Index (API) of bituminous material from that in effect during the month in which bids were received. Bituminous adjustments will be made only when the current API (CAPI) varies by more than 5% of the API prevailing in the month when bids were received (BAPI), and then only on the portion that exceeds 5%. The Department will determine the APT for each month by averaging quotations in effect on the first day of the month at all terminals that could reasonably be expected to Rimish bituminous material to projects in the State of Florida. th The API will be available on the Construction Office website before the 15 of each month at the following URL: httu://www.dot.state.fl.us/constructionlfuel&bit/Fuel&Bit.shtm Refer to the "Liquid Asphalt Calculation" table provided in the Special Provisions of these documents. 9-3 Compensation for Altered Quantities. 9-3.1 General: ADD THE FOLLOWING TO THB END OF THIS ARTICLE: The Contractor is advised that all items may be increased, decreased or deleted from the contract, as directed by the Engineer. Whenever change or combination of changes in the plans results in total elimination or substitution of any item included in the original contract quantities, no allowance will be made for any loss of anticipated profits because of these changes, decreases or deletions of items. The Contractor's attention is called to the fact that the quotations for the various items of worm are intended to establish a total price for completing the work in its entirety. The unit prices for the items of work shall include the cost of all labor, materials, equipment, transportation, fuel and all other items incidental to or necessary for the completion of the item of work. Should the Contractor feel that the cost for any item of work has not been established by the Bid Form or Basis of Payment, he shall include the cost for that work in some other applicable bid item, so that his proposal for the project does reflect his total price for completing the work in its entirety. 9-5 Partial Payments. 9-5.1 General: DELETE AND INSERT THE FOLLOWING: The Contractor will receive partial payments on monthly estimates, based on the amount of work done or completed (including delivery of certain materials, as specified herein below). The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the subsequent estimates and the final estimate and payment. GP-35 The amount of such payments shall be the total value of the work done to the date of the estimate, based on the quantities and the unit prices for all work performed, less an amount retained and less payments previously made. The amount retained shall be 5% of the value of work completed. This retainage may be reduced to 2 112% of contract amount at the discretion of the County Engineer when said project exceeds 90% of the contract amount. The amount retained on water and sewer construction and adjustments included in the contract shall be 10% of the monthly estimates until the work is approved by the permitting agency. The retainage after approval/acceptance by the agency shall be in accordance with 9-5.1. As an exception to the percentages for the amount to be retained on partial or monthly estimates as specified above, for contracts in which landscaping items constitute 50 per cent or more of the original contract amount, 10 per cent of the value of work completed shall be retained until the end of the 90-day establishment period for landscaping items or until final acceptance of the entire contract work; whichever of such is the later date. Contract amount is defined as the original contract amount as adjusted by approved Supplemental Agreements. 9-5.5 Partial Payments for Delivery of Certain Materials. 9-5.5.1 General: ADD THE FOLLOWING TO THE END OF THIS ARTICLE: (7) Common Carrier Freight Rates. No adjustments shall be made for change in common carrier rates. 9-5.5.2 Partial Payment Amounts: DELETE AND INSERT THE FOLLOWING: The Contractor will receive progress payments on a monthly basis. The amount will be based on the work done or completed (including delivery of certain materials per 9-6). The progress payments shall be approximate only, and shall be subject to correction in the subsequent monthly estimates and the final estimate and payment. The amount of such payments shall be the total value of the work done to the date of the estimate, j based on the quantities and the unit prices for all work performed, less an amount retained and less payments previously made. The amount retained shall be 5% of the value of work completed. This retainage may be reduced to 2-112% of contract amount at the discretion of the County Engineer when said project exceeds 90% of the contract amount. On water and sewer construction, the amount retained and adjustments included in the contract shall be 10% of the progress payments, up to 50% completion. After 50% completion, the retainage shall be reduced to 5% until the work is approved by the permitting agency. GP-36 f As an exception to the percentages for the amount to be retained on progress payments as specified above, for contracts in which landscaping items constitute 50 per cent or more of the original contract amount, 10 per cent of the value of work completed shall be retained up to 50% completion. After 50% completion, the retainage shall be reduced to 5% until the end of the 90-day establishment period for landscaping items or until final acceptance of the entire contract work; whichever of such is the later date. Contract amount is defined as the original contract amount as adjusted by approved Supplemental Agreements. The following partial payment restrictions apply. (1) Partial payments for structural steel and precast prestressed items will not exceed 85% of the bid price for the item. Partial payments for all other items will not exceed 75% of the bid price of the item in which the material is to be used. (2) Partial payment will not be made for aggregate and base course material received after paving or base construction operations begin except when a construction sequence designated by the Department requires suspension of paving and base construction after the initial paving operations, partial payments will be reinstated until the paving and base construction resumes. 9-9 Interest Due on Delayed Payments. DELETE IN ITS ENTIRETY 9-11 Change Order Approvals-ADD THE FOLLOWING ARTICLE: Change Orders shall be approved in accordance with existing Department policy per Resolution #R89-633 dated April 4, 1989 and the current PPM 4CWF-050. Department reserves the right to increase or decrease any of the unit quantities as necessary to complete the work contracted. Such increases or decreases may be authorized by the Department's Engineer at the unit price(s) as bid.. i THUS SPACE LEFT BLANK INTENTIONALLY GP-37 SECTION 102 MAINTENANCE OF TRAFFIC 102-1 Description - ADD THE FOLLOWING AT THE END OF TITIS ARTICLE: All existing signs are the property of Palm Beach County. The Contractor shall stockpile the above mentioned signs and contact Traffic Operations (sign supervisor) at 233-3900 for pick-up. Signs must be kept in good condition or be responsible for reimbursement to P.B.C. Traffic Division. ADD THE FOLLONN'1NG SUBARTICLES: 102-1.1 ,Standards: This section shall be governed by the following standards: L Florida Department of Transportation "Standard Specifications for Road and Bridge Construction" 2. "Manual on Uniform Traffic Control Devices for Streets and Highways" 3. Florida Department of Transportation"Design Standards" 4. Florida Department of Transportation"Plans Preparation Manual" 5. "Manual of Uniform Minimum Standards for Design, Construction and Maintenance of Streets and Highways" In addition to the above specifications,the following shall also apply: Barricades, Lights and Cones: 1. Barricades and lights shall be maintained daily. 2. All Type III barricades shall have two (2) Type "A" flashing lights on each barricade. When extremely hazardous conditions exist, two (2) Type "B" flashing lights shall be used. Extremely hazardous conditions shall be determined by Palm Beach County Engineering Traffic Division. Flag Person and Vests: I. The flagmen shall be trained in the proper manner as set forth in the MUTCD and certified as per Section 102 F.D.O.T. Specifications for Road and Bridge Construction. Each flagger shall have a certification card on them when flagging. Certification cards shall have the flagger's name, date of certification and expiration date. GP-38 2. All construction personnel shall wear a high visibility orange vest when working within the right-of-way(Class 2 or 3 per MUTCD). A. Ensure that these vest/garments be worn whenever workers are within the right-of-way. Workers operating machinery or equipment in which loose clothing could become entangled during operation are exempt from this requirement. Such exempt workers will be required to wear orange shirts or jackets. B. Require Contractor personnel to wear retro.-reflective orange vest/garment during nighttime operations. C. Replace faded vest/garments. Flashing Arrow Boards: 1. Flashing arrow boards shall be used on any four (4) lane or larger roadway where traffic is being channelized or diverted, or as directed by the Palm Beach County Traffic Engineering Department. Flashing arrow boards shall conform with Section 6F-56 M.U.T.C.D. /Type "B" or "C" only. Solar arrow boards may be requested by the county at any time. Traffic Signals: 1. A minimum of forty-eight (48) hours notice must be given to Traffic Division (684- 4030) prior to work requiring the realigning of traffic signals. 2. Palm Beach County will realign traffic signals at each location, a maximum of two (2) times for each direction (N/S & EM. Further realignment will be charged to the contractor. 3. No material shall be disturbed within' 6' of a traffic pole or within the specified distance of a guy wire and anchor to a depth greater than 2' as shown in Figure 1 in the General Provisions unless approved by and coordinated with Palm Beach County Traffic Operations. Contact Traffic Operations at (561) 233-3900, 24 hours in advance of any excavation. Failure to comply with the above shall result in the prime contractor incurring all costs incurred as a result of damage to the traffic signal installation. These costs shall be paid 30 days from date of invoice or the following pay estimate will be withheld until payment is made or the cost may be deducted from the pay estimate. 4. Line locates will be given. However, a twenty-four hour notice must be given. 5. If new traffic poles are to be installed it shall be the contractors responsibility to provide final stabilized grade within 4"-6" along with right-of-way locations at the intersection. The contractor shall have a 2 hour window for their change-over that is 1 hour before and one hour after the scheduled change-over tune. After that the contractor shall be responsible for all cost incurred for the delay. GP-39 102-1.2 General: 1. Contractor shall keep sufficient cold patch asphalt on the job site to fill pot-holes and to perform other minor pavement maintenance as needed. 2. All highway equipment shall have a Slow Moving Vehicle sign with either a flasher or a beacon operating when the equipment is operating. 3. During peak hours 7:00 A.M. to 9:00 A.M. and 3:00 F.M. to 6:00 P.M. left turn and through lanes shall not be blocked without permission from the Traffic Engineer. 4. Any manholes/valves in the travel way shall have 3' of asphalt out from the edge for every 1" inch height. Pedestrians: 1. When pedestrian movement through or around a worksite is necessary, the Contractor shall provide a separate, safe footpath without abrupt changes in grade or terrain. 0 If one (1) or two (2) pedestrian ways are provided (exist) prior to the start of a project, only one (1)has to be maintained. ® If no pedestrian ways exist prior to the start of a project, one (1) pedestrian way shall be constructed within the initial thirty (30) calendar days of the project and shall be maintained for the duration of the project. 2. Places where pedestrians are judged especially vulnerable to impact by vehicles, all foot traffic should be separated and protected by longitudinal positive barrier systems. 102-4 Alternative Traffic Control Plan -DELETE IN ITS ENTIRETY AND INSERT THE FOLLOWING: 102-4 Temporary Traffic Control Plan. (T.T.C.P.): The Temporary Traffic Control Plan (T.T.C.P.) for traffic control around or through work sites should � be developed with safety receiving a high priority. The T.T.C.P. should include protection at work sites when work is in progress and when operations have been halted (such as during the night) or from the time work is completed until the final. Provisions for the protection of work crews, traffic control personnel,pedestrians, and motorists shall be included. GP-40 The Temporary Traffic Control Plan shall include the following: 1. T.T.C.P. to be prepared and signed by the Work Site Traffic Supervisor as certified by the American Traffic Safety ,Services Association(A.T.S.S.A.). 2. A copy of the signer's certification, contractor's name, and 24 hour phone number of the work site traffic supervisor. 3. The T.T.C.P. shall include: North arrow; drawn by; lane usage; type and location of all signs, lights, barricades, striping, barriers, traffic signals; all side-streets; change-overs; sidewalks; R.P.M.'s;pavement markings; school zones; and crosswalks. 4. Plans may be drawn to scale, however dimensions shall be shown. S. Variable Message Sign(V.M.S.) and the messages. 6. Location and geometry for transitions, detours, and diversions. 7. No change-overs are allowed on Friday,the day before a holiday or during A.M. or P.M. peak traffic, and are discouraged at signalized intersections. S. All plans shall be submitted through the Construction Coordination Division. The T.T.C. Plan approval is as follows: A. 1 to 7 days for most plans B. 7 days when a signal or flasher is involved C. 10 days for a traffic switch or for road closures Time may vary based on the complexity of the T.T.C.P. Consideration should be given to these time frames when scheduling the work. i P.B.C. Traffic Engineering Division will handle all news releases, notifying police, fire, etc. i The T.T.C. Plan is good for 60 days. If the T.T.C.P. has not been implemented by then, a new approval will be required. T.T.C.P. must have dates and times of operation requested. In no case may the contractor begin work until the T.T.C.P. has been approved in writing by the Palm Beach County Traffic Engineering Division. Field modifications may be made with the approval of a representative of the Palm Beach County Traffic Engineering or Construction Coordination Divisions. Failure to comply with the above may result in permanent reduction of the pay item of "Maintenance of Traffic" on a prorated basis or$1,000.00 per day, whichever is higher. Cost for Temporary Traffic Control Plans shall be included in "Maintenance of Traffic", and shall include all the above requirements. GP-41 102-5.4 Crossings and Intersections - DELETE AND INSERT T E FOLLOWING- Provide and maintain adequate accommodations for intersecting and crossing traffic. Do not block or unduly restrict any road or street crossing the project unless approved by the Engineer. Maintain all existing actuated or traffic responsive mode signal operations for main and side street movements for the duration of the Contract. 102-5.7 Flagger- DELETE AND INSERT THE FOLLOWING: Provide trained flaggers in accordance with FDOT and MUTCD requirements, see Section 102-1.1 102-6.2 Construction - DELETE AND INSERT THE FOLLOWING: Plan, construct, and maintain detours for the safe passage of traffic in all conditions of weather. Provide the detour,to the Department, with all facilities necessary to meet this requirement. 102-6.6 Operation of Existing Movable Bridges - DELETE IN ITS ENTIRETY. 102-7 Traffic Control Officer - ADD THE FOLLOWING ITEM (- ) TO THE END OF THIS ARTICLE: Provide uniformed law enforcement officers, including marked law enforcement vehicles, to assist in controlling and directing traffic in the work zone when the following types of work is necessary on projects: 1. Traffic control in a signalized intersection when signals are not in use. 2. When Standard Index No. 619 is used on Interstate at nighttime and required by the plans. 3. When pacing/rolling blockade specification is used. 4. When milling or paving, at night, if the lane adjacent to the work area is oven to traffic Traffic Control Officer shall be present with flashing lights on. _. 102-701 Traffic Control Officer(Non-Mot) -ADD THE FOLLOWING ,SUBARTICLE: Provide uniformed law enforcement officers, including marked law enforcement vehicles, to assist in controlling and directing traffic through the work zone, when authorized and/or directed by the Engineer, and for purposes not covered under the requirements of the Temporary Traffic Control Plans. GP-42 ADD TUE FOLLOWING SUBARTICLE: 102-9.9.1 Portable Changeable (Variable) Message Sign (PCMS) (NON-MOT): Furnish changeable (variable) message sign ira accordance with 102-99, when authorized and/or directed by the Engineer, and for purposes not covered under the requirements of the Temporary Traffic Control Plans. 102-9.12 Temporary Traffic Control Signals: DELE'T'E IN ITS ENTIRETY 102-9.13T emporary Traffic Detection Technology: DELETE IN ITS ENTIRETY 102-10 Work Zone Pavement Marking: 102-10.1 Description.: DELETE THE LAST PAR 3GRAPH IN ITS ENTIRETY ADD THE F'DL.LOWTNG SUBA.RTICLE: 102-10.11 Tem]2orary Pavement Markings: 1. All temporary pavement markings shall be done in a professional manner without weaves and/or bows. No over-painting shall be allowed. 2. Temporary R.P.M.'s shall be installed at an 1 inch offset to lane lines, skips, gore or crosshatched area within the work zone. The spacing shall be 40 feet on tangent section and 20 feet on transitions and curaes (including edge lines). Damaged or missing R.P.M.'s shall be replaced on a daily basis. The R.P_M.'s shall have a maximum width of S inches and a maximum height of 0.75 inch. The minimum area of each reflective face shall be 3.50 square inches. R.P.M.'s shall be bonded to the pavement or concrete with epoxy or alkyd thermoplastic, no bituminous adhesive shall be used. I 3. Temporary pavement markings shall be applied to the intermediate asphalt course, and shall consist of foil-backed tape, paper tape or paint meeting both State and County specifications. 4. Temporary pavement markings shall also be applied to the final asphalt course unless otherwise directed by the Palm Beach County Traffic Engineering Department. All final course pavement markings shall consist of foil-backed tape. The temporary pavement markings shall be installed in accordance with the typicals in the General Provisions. GP-43 5. All temporary tape skip-line pavement markings shall be at least four (4) feet in length with a maximum gap of thirty-six (36) feet. A two (2) foot stripe with a maximum gap of eighteen (18) feet may be used for roadways with severe curvature, or as directed by the Palm Beach County Traffic Engineering Department. 6. All painted lines shall conform to size and color requirements of the M.U.T.C.D., Part 111. The thickness shall not be less than fifteen (15) mils with six (6) to six and one quarter (6 '/4) pounds of beads per gallon of paint. Both shall be applied uniformly. All painted lines shall be refurbished if at any time the reflectively falls below 150 mini-candles. A normal width line is 6" paint or tape. 7. Black-out shall not be used to obliterate pavement markings. Existing pavement markings that conflict with temporary work zone delineation shall be removed by any method approved by the Engineer. 8. if a school zone exists, it must be maintained 'including crosswalks, school messages and signs. 9. It shall be the contractor's responsibility to adjust existing signing, add new signing, and remove or add pavement marking on approaches to the project. 102-10.2 Removable Tape: 102-10.2.1 General: DELETE IN ITS ENTIRETY 102-10.2.2 Application: DELETE IN ITS ENTIRETY 102-10.2.3 Retroreflectivity: DELETE IN ITS ENTIRETY 102-10.2.4 Removability: DELETE IN ITS ENTIRETY 102-10.3 Work Zone Raised Pavement barkers (WZRPM's): DELETE AND INSERT THE FOLLOWING- Apply all markers in accordance with Palm Beach County Typical T-P-10-001, or as otherwise revised. 102-10.4 Paint and Glass Beads: DELETE IN ITS ENTIRETY 102-11 Method Of Measurement. 102-11.1 General: DELETE AND INSERT THE FOLLOWING: Devices installed/used on the project on any calendar day or portion thereof, within the allowable Contract Time, including time extensions which may be granted, will be paid for at the Contract unit price MOT, Lump Sum and shall include all items required to implement the approved Temporary Traffic Control Plan(T.T.C.P.). Unless otherwise specified, all devices 1 items specified in 102-11 shall be incidental to the pay item: M.O.T., on a Lump Sum basis. GP-44 INSERT THE FOLLOWING SUDA.IITICLE: 102-11.2.1 Traffic Control Officers (NON-MOT): The quantity to be paid for will be at a unit price per hour (4 hour minimum) for the actual number of officers certified to be on the project site, including any law enforcement vehicle(s). Payment will be made only for those traffic control officers not incidental to the T.T.C. plan requirements and when authorized by the Engineer under the pay item: Traffic Control Officers (NON-MOT) —per hour. 102-11.3 Special Detours: DELETE IN ITS ENTIRETY INSERT THE FOLLOWING SLi11ARTICLE: 102-11.15.1 Cbangeable (Variable) Message Sign (N®N-MOT): The quantity to be paid for will be the number of changeable (variable) message signs certified as installed/used on the project when directed by the Engineer and not a requirement of the T.T.C.P. Payment will be made for each Changeable (Variable) message sign that is used during the Contract period under the pay item Changeable (Variable) Message Sign (Non-MOT) per each per day. 102-11.15 Temporary Traffic Control Signals: DELE'T'E IN ITS ENTIRETY 102-11.19 Temporary Traffic Detection Technology: DELETE IN ITS ENTIRETY 102-11.29 Work Zone Pavement Markings: DELETE AND INSEI3I THE FOLLOWING: The quantities, furnished and installed shall be those that are required for the project and shall be incidental to M.O.T., Lump Sum. 102-12.1 Submittal Instructions: DELETE IN ITS.ENTIRETY 102-12.2 Contractor's Certification of Quantities: DELETE AND INSERT THE FOLLOWING: When requested by the Department, Contractor shall submit a certification of the material used. Ensure that the certification consists of the following: Project Number, Certification Number, Certification Date and the period that the certification represents. GP-45 102-13 Basis Of Payment. 102-13.1 Maintenance Of Traffic (General Fork): DELETE AND INSERT THE FOLLOWING, When an item of work is included in the proposal, price and payment will be full compensation for all work and costs specified under this Section except as may be specifically covered for payment under other items. Maintenance of Traffic (General Work) shall also include all items required to implement the approved Temporary Traffic Control Plans (T.T.C.P). Unless otherwise specified, all devices / items specified in 102-13 shall be incidental to the pay item: M.O.T., on a Lump Sum basis. INSERT THE FOLLOWING SUB ARTICLE: 102-13.2.1 Traffic Control Officers on-MOT : Price and payment will be full compensation for the services of the traffic control officers for instances when directed by the Engineer and not a requirement of the T.T.C.P. 102-13.3 SDecial Detours: DELETE IN ITS ENTIRETY INSERT THE FOLLOWING SUB.ARTICLE: 102-13.15.1 Changeable (Variable)Message Sign (Non-MOT): Price and payment will be full coy-npensation for tarnishing, installing, operating, relocating, maintaining and removing changeable message signs when directed by the Engineer and not a requirement of the T.T.C.P. i 102-13.18 Temporary Traffic Control Signals: DELETE IN ITS ENTIRETY 102-13.19 Temporary Traffic Detection Technology: DELETE IN ITS ENTIRETY 102-13.20 Work Zone Pavement Markings: DELETE kNt D INSERT THE FOLLOWING: Prices and payments will be full compensation for all work specified in Section 710, including, all cleaning and preparing of surfaces, furnishing of all materials, application, curing and protection of all items, protection of traffic, furnishing of all tools, machines and equipment, and all incidentals necessary to complete the work. Final payment will be withheld until all deficiencies are corrected. 102-13.21 Payment Items: DELETE AND INSERT THE FOLLOWING: Payment will be made under: Item No. 102- 1-Maintenance of Traffic - lump sum. Item No. 102- 4-Temporary Traffic Control Plan(T.T.C.P.)—lump sum Item No. 102- 14-1 Traffic Control Officers (NON-MOT) - per hour. Item.No. 102- 99-1 Changeable (Variable) Message Sign(NON-MOT) -per each per day. GP-46 s CL Li 4 In l f GP-47 t[ r.b-! ,.;' ..:.i ��6 Pam• .>> tl 9 i k iPt° w t s'a . I I GP-48 _ ..a r CL LLJ LIJ ka c� ui L old am .4 GP-49 Signing For Long Term aflo ry Projects J, V TO 1211 z. �e I if o $crszR5r=lc>r It im Ino sls;;7 ec 1 :014=11 Lme!� = ')f=rM �wwlt h Th 7' min.i rs ra . Ic'nQ =2 frees Is thtp L=smarm =T TT s€Qm tel h a; ujm,=jA DUAL LEFTS '3�0' MAX ciu -6 WH II T Vy` �wr+{��._ GP-50 ,�ROUN.O TR�AFr IC -SIGNAL. POLES j GVT WiF% AND ANCHO MATMAL 140T 10 BE MT7=0 I -PARZ AS P4UMM 37 M4KYAM FIGURE, t s a a l , , 1 y Y I 1 Y � I ii Y ' GP-51 SECTION 300 PRIME AND 'TACK COATS FOR BASE COURSES 300-2.3 Tack Coat: DELETE AND SUBSTITUTE THE FOLLOWLNG: Unless the Contract Documents call for a specific type or grade of tack coat, use RA-500 meeting the requirements of 916-2, heated to a temperature of 250 to 300°F or undiluted Emulsified Asphalt Grades RS- lh, RS-2, CRS-1h, or NTSS-lhm meeting the requirements of 916-4. Heat RS-1h, RS-2, CRS-lh and NTSS-lhm to a temperature of 150 to 180°F. The Contractor may use RS-lh modified to include up to 3% naphtha to improve handling of the material during the winter months or at any other time, as approved by the Engineer. For night paving, use RA-500 tack coat. The Engineer may approve RS-1h, RS-2, CRS-1h, or NTSS-lhm for night paving if the Contractor demonstrates, at the time of use, that the emulsion will break to allow paving in a timely manner and not affect the progress of the paving operation. 300-9 Method of Measurement. DELETE AND SUBSTITUTE T1-.1E FOLLOWING: No separate measurement shall be made for prime coat and tack coat material. 300-10 Basis of Payment. DELETE A-ND SUBSTITUTE THE FOLLOWING: No separate payment will be made for prime coat and tack coat material but the cost of same, including heating, hauling and applying (including sand or screening covering where required), shall be included in the contract unit price per square yard for base or pavement courses, respectfully. There is no direct payment for the work specified in this Section, it is incidental to, and is to be included in the other items of related work. THIS SPACE LEFT BLANK INTENTIONALLY GP-52 SECTION 330A RIOT BITIJMIN®ITS MIXTURES -- GENERAL CONSTRUCTION REQUIREMENTS SECTION 330A IS ADDED TO THIS SPECIFICATION 330A-1 Description. This Section specifies the general construction requirements for all plant-mixed hot bituminous pavements and bases. (More specific requirements pertaining to hot bituminous base and base widening construction are contained in Section 280.) This Section also includes the method of determination of the thickness of pavement to be paid for, when payment is on a square yard basis. 330A-2 Substitution of'Types of Hot Bituminous Mixtures. Except for Asphaltic Concrete Friction Courses and other wearing surfaces, the Contractor will be allowed the option of substituting certain types of hot bituminous mixtures as follows: (1) Type S-I Asphaltic Concrete may be substituted for any other type of mixture where the rate of application is specified to be not less than 75 lbs. per square yard. (2) Type III Asphaltic Concrete may be substituted for Type n Asphaltic Concrete or Sand-Asphalt Hot Mix and Type II Asphaltic Concrete may be substituted for Sand-Asphalt Hot Mix. In each case, the stability of the substituted mixture shall be at least as high as that of the mixture specified, and any substitution made shall be at no additional cost to the Department over that which would have accrued had the specified mixture been used. 330A-3 Limitations of Operations, 330A-3.1 Weather Limitations: Plant operations shall not begin unless all weather conditions are suitable for the laying operations. 330A-3.2 Limitations of Laying Operations: 330A-3.2.1 General: The mixture shall be spread only when the surface, upon which it is to be laid, has been previously prepared, is intact, firm and properly cured, and is dry. Unless otherwise approved by the Engineer, no mixture shall be spread that cannot be finished and compacted during daylight hours. Friction course shall not be placed until the adjacent shoulder area has been dressed and grassed. 330A-3.2.2 'Temperature; The mixture shall be spread only when the air temperature (the temperature in the shade away from artificial heat) is 40°F and above for layers greater than one inch (100 lbs. per square yard) in thickness and 45°F and above for layers one inch (100 lbs. per square yard) or less in thickness (this includes leveling courses).No mixture shall be placed when there is evidence that the base is frozen. 330A-3.2.3 Wind: The mixture shall not be spread when the wind is blowing to such an extent that proper and adequate compaction cannot be maintained or when sand, dust, etc., are being deposited on the surface being paved,to the extent that the bond between layers will be diminished. GP-53 330A-4 Preparation of Asphalt Cement: The asphalt cement shall be delivered to the asphalt plant at a temperature not to exceed 350 degrees F and the transport tanks shall be equipped with sampling and temperature sensing devices meeting the requirements of 300-3.2 and 300-3.3,respectively. The asphalt cement in storage shall be maintained within a range of 230 degrees F to 350 degrees F in advance of mixing operations. Heating within these limits shall be constant and wide fluctuations of temperature during a day's production will not be permitted. 330A-5 Preparation of Aggregates: 330A-5.1 Stockpiles: Each aggregate component sba11 be placed in an individual stockpile, which shall be separated from the adjacent stockpiles, either by space or by a system of bulkheads. The intermingling of different materials in stockpiles shall be prevented at all times. Each stockpile, including RAP, shall be identified as shown on the Department Mix Designs. 330A-5.2 Prevention of Segregation: Stockpiles shall be formed and maintained in a manner that will prevent segregation. If a stockpile is determined to have excessive segregation, the Engineer will disapprove the material for use on the project until the appropriate action has been taken to correct the problem. 330A-5.3 Mending of Aggregates: Blending or proportioning from railroad cars will not be permitted. All aggregates shall be stockpiled prior to blending or placing in the cold hoppers. All aggregates to be blended or proportioned shall be placed in separate bins at the cold hopper and proportioned by means of securely positioned calibrated gates or other approved devices. 330A-5.4 Cold Bins- 330A-5.4.1 Adequacy of Bins: The separate bin compartments of the cold aggregate feeder shall be so constructed as to prevent any spilling or leakage of aggregate from one bin to another. Each bin compartment shall be of such capacity and design as to permit a uniform flow of aggregates. All the bin compartments shall be mounted over a feeder of uniform speed, which shall deliver the specified proportions of the separate aggregates to the drier at all times. If necessary, the bins shall be equipped with vibrators to insure a uniform flow of the aggregates at all times. } 330A-5.4.2 Gates: Each bin compartment shal 1 be provided with a gate which is adjustable in a vertical direction. The gate shall be so designed that it can be held securely at any specified vertical opening. The gates shall be equipped with a measuring device for measuring the vertical opening of the gates from a horizontal plane level with the bottom of the feeder. 330A-5.5 Mineral Filler: If mineral filler is required in the mix, it shall be fed or weighed-in separately from the other aggregates. 330A-5.6 Heating and Drying: The aggregates shall be heated and dried before screening. The temperature of the aggregates shall be so controlled that the temperature of the completed mixture at the plant will fall within the permissible range allowed by these specifications. 330A-5.7 Screening Unit: 330A-5.7.1 Oversize Aggregate: Any oversized pieces of aggregate shall be removed by the use of a scalping screen. This oversized material shall not be returned to the stockpile for reuse unless it has been crushed and reprocessed into sizes that will pass the scalping screen. GP-54 330A-5.7.2 Screening: Unless otherwise permitted by the Engineer, the quantity of aggregates being discharged onto the screens shall not be in excess of the capacity of the screens to actually separate the aggregates into the required sizes. A maximum of ten percent plus-ten material will be permitted in the minus-ten bin. The maximum amount of minus-ten material allowed in the plus-ten bins will be determined by the Engineer, in accordance with its effect on the uniformity of the mix. 330A-5.8 Mixing Different Materials: Unless written permission is obtained, coarse aggregates of different types shall not be mixed; nor shall coarse aggregates of different types'be used alternately in sections less than one mile in length. 330A-6 Preparation of the fixture- 330A-6.1 Batch fixing: 330A-6.1.1 Aggregates: The dried aggregates and mineral filler (if required), prepared in the manner previously described, and combined in batches to meet the job mix formula by weighing each separate bin size, shall be conveyed to the empty mixer. 330A-6.1.2 Bitumen: The hot asphalt cement, accurately measured, shall be introduced into the mixer simultaneously with, or after, the hot aggregates. Mixing shall continue until the mixture is thoroughly uniform,with all particles fully coated. 330A-6.1.3 fixing Time: The mixing time shall begin when the measuring devices for both the asphalt and the aggregates indicate that all the material is in the mixer, and shall continue until the material begins to leave the mixing unit. The mixing time will vary in relation to the nature of the aggregates and the capacity of the mixer and shall be as designated by the Engineer but in no case shall it be less than 35 seconds. 330A-6.2 Continuous Mixing: The dried aggregates and mineral tiller (if required), prepared as specified and proportioned to meet the job mix formula by volumetric measurements, shall be introduced into the mixer in synchronization with the accurate, feeding of the hot asphalt cement. The rate of flow of material to the pugmill shall be such that the maintained depth of the mix will not exceed the tips of the paddles when in the upright position. Mixing shall be sufficient to produce a thoroughly and uniformly coated. mixture. i I f GP-55 330A-6.3 Mixing Temperature: 330A-6.3 Mixing Temperature: The ingredients of the mix shall be heated and combined in such a manner as to produce a mixture, which shall be at a temperature, when discharged from the pugrnill or surge bin, within the range of 230°F to 310°F and within the tolerance shown in Table 330AA-1. Table 330A-1 Temperature Tolerance From Job Mix Formula Any Single Measurement . . . . . . . . +/- 25'F Average of Any Five Consecutive Measurements. . . . . . +/- 15°F Any load or portion of a load of asphalt mix at the plant or on the road with mix temperature exceeding 3357 shall be rejected for use on the project. Temperature of the completed mixture shall be determined by a quick-reading thermometer through a hole in the side of the loaded truck immediately after loading. The hole shall be located within the middle third of the length of the body, and at a distance of from six to ten inches above the surfaces supporting the mixture. If a truck body already has a hole located in the general vicinity of the above specified location, this will be acceptable. At the Department's discretion, the temperature of the load may be taken over the top of the truck in lieu of using the bole in the side of the truck. The mix temperature will be taken at the plant and the roadway for each day for each design mix on the first five loads and an average of once every five loads thereafter. The temperature measurements at the plant shall be taken and recorded by the Contractor's personnel for review by the Department. The temperature measurements at the roadway will be taken by the Department's Paving Inspector and be recorded on the backside of the delivery ticket. If the temperature exceeds the specified tolerance, the Contractor will be required to take immediate corrective action. 330A-6.4 Maximum Period of Storage: The maximum time that any mix may be kept in a hot storage or surge bin is 72 hours. 330A-6.5 Contractor's Responsibility for Mixture Requirements: The responsibility for producing a homogeneous mixture, free from moisture and with no segregated materials, and meeting all requirements of the specifications for the mixture, including compliance with the design limits, shall lie entirely with the Contractor. These requirements shall apply also to all mixes produced by the drum mixer process and all mixes processed through a hot storage or surge bin, both before and after storage. 330A-7 Transportation of the Mixture: The mixture shall be transported in tight vehicles previously cleaned of all foreign material. The inside surface of the truck bodies after cleaning shall be thinly coated with soapy water or an approved emulsion containing not over five percent oil. The coating shall be applied prior to the first loading each day and repeated as necessary throughout the day's operations. After the truck bodies are coated and before any mixture is placed therein, they shall be raised to drain out all excess liquids. Each load shall be covered during cool and cloudy weather and at any time there is a probability of rain. GP-56 330A-8 Preparation of Application Surfaces: 330A-81 Cleaning: Prior to the laying of the mixture, the surface of the base or pavement to be covered shall be cleaned of all loose and deleterious material by the use of power brooms or blowers, supplemented by hand brooming where necessary. 330A-8.2 Patching and Leveling Courses: Where a surface course is constructed on an existing pavement or old base which is irregular, and wherever so indicated in the plans, the existing surface shall be brought to proper grade and cross section by the application of patching or leveling courses. 330A-8.3 Application over Surface Treatment: Where a surface course is to be placed over a newly constructed surface treatment, all loose material shall be swept from the paving area and disposed of by the Contractor. 330A-8.4 Coating Surfaces of Contacting Structures: All structures which will be in actual contact with the asphalt mixture, with the exception of the vertical faces of existing pavements and curbs or curb and gutter, shall be painted with a uniform coating of asphalt cement to provide a closely bonded, watertight joint. 330A-8.5 Tack Coat: 330A-8.5.1 Tack Coal required: A tack coat, as specified in Section 300, will be required on existing pavements that are to be overlaid with an asphalt mix and between successive layers of all asphalt mixes. 330A.8.5.2 'Pack Coat at Engineer's Option: A tack coat will be required on the following surfaces only when so directed by the Engineer. (1) Freshly primed bases. (2) Surface treatment. 330A-9 Placing Mixture: 330A-9.1 requirements Applicable to All Types: 330A-91.1 Alignment of Edges: All asphaltic concrete mixtures (including leveling courses), other than adjacent to curb and gutter or other true edges, shall be laid by the stringline method,to assure the obtaining of an accurate, uniform alignment of the pavement edge. 330AA-91.2 Temperature of Spreading: The temperature of the mix at the time of spreading shall be within +/-25°F of the established mix temperature selected by the Contractor. The minimum frequency for taking mix temperatures on the road will be an average of one per five trucks. if the temperature fails to fall within the specified tolerance range, corrective action by the Contractor will be required. 330A-9.1.3 Rain, and Surface Conditions: Transportation of asphalt mixtures shall immediately cease from the plant when rain begins at the roadway. Asphalt mixtures shall riot be placed while rain is falling, or when there is water on the surface to be covered. As an exception, mixture caught in transit may be placed at the Contractor's risk if the only option is to waste this mixture, and provided the surface has been tacked (as required) prior to the rain and the surface broomed in front of the spreading operation. Such mixture will be evaluated separately and if it should prove unsatisfactory in any way, in the opinion of the Engineer,it shall be removed and replaced with satisfactory mixture at the Contractor's expense. GP-57 330A-9.1.4 Speed of Spreader. The forward speed of the asphalt spreader shall be as established by the Engineer. 330A-9.1.5 Number of Crews required: For each paving machine operated, the Contractor will be required to use a separate crew, each crew operating as a fall unit. The Contractor's Certified Paving Technician in charge of the paving operations may be -responsible for more than one crew but must be physically accessible to Project personnel at all times when mix is being placed. 330A-9.1.6 Checking Depth of Layer- The depth of each layer shall be checked at frequent intervals and adjustments shall be made when the thickness exceeds the allowable tolerance. When an adjustment is made, the paving machine shall be allowed to travel a minimum distance of 32 feet to stabilize before the second check is made to determine the effects of the adjustment. 330A-9.1.7 Land Spreading: In limited areas where the use of the spreader is impossible or impracticable, the mixture may be spread and finished by hand. 330A-9.1.8 Straightedging and Back-patching: Straightedging and back-patching shall be done after initial compaction has been obtained and while the material is still hot. 330AA-9.2 Requirements Applicable to Courses Other Than Leveling: 330A-9.2.1 Spreading and Finishing: Upon arrival, the mixture shall be dumped in the approved mechanical spreader and immediately spread and struck-off to the full width required and to such loose depth for each course that, when the work is completed, the required weight of mixture per square yard, or the specified thickness, will be secured. An excess amount of mixture shall be carried ahead of the screed at all times. Hand raking shall be done behind the machine as required. 330A-9.2.2 Thickness of Layers: Unless otherwise noted in the plans each course shall be constructed in layers of the thickness shown on Standard FDOT Index No. 513. Type S-111 Asphaltic Concrete sball be constructed in layers of the thickness of not less than 314 inch nor greater than 1 114 inches. 330A-9.2,3 Laying Width: If necessary due to the traffic requirements, the mixture shall be laid in strips in such a manner as to provide for the passage of traffic. Where the road is closed to traffic, the mixture may be laid to the full width, by machines traveling in echelon. 330A-9.2.4 Correcting Defects: Before any rolling is started the surface sball be checked, any irregularities adjusted, and all drippings, fat sandy accumulations from the screed, and fat spots from any source shall be reproved and replaced with satisfactory material. No skin patching shall be done. When a depression is to be corrected while the mixture is hot, the surface shall be well scarified before the addition of fresh mixture. 330A-9.3 Requirements Applicable Only to Leveling Courses: 330A-9.3.1 Patching Repressions: Before any leveling course is spread, all depressions in the existing surface more than one inch deep shall be filled by spot patching with leveling course mixture and then thoroughly compacted. GP-58 330A-9.3.2 Spreading Leveling Courses: All courses of leveling shall be placed by the use of two motor graders - one of which is equipped with a spreader box - unless otherwise shown in the plans. Other types of leveling devices may be used after they have been approved by the Engineer. 330A-9.3.3 Rate of Application: When the total asphalt mix provided for leveling exceeds 50 pounds per square yard, the mix shall be placed in two or more layers, with the average spread of any layer not to exceed 50 pounds per square yard. When Type S-III Asphaltic Concrete is used for leveling, the average spread of a layer shall not be less than 50 pounds per square yard nor more than 75 pounds per square yard. The quantity of mix for leveling shown in the plans represents the average for the entire project; however, the rate of application may vary throughout the project as directed by the Engineer. When leveling in connection with base widening, the Engineer may require that all the leveling mix be placed prior to the widening operation. 330A-9.3.4 Placing Leveling Course over Existing Pavement: When a leveling course is specified to be placed over cracked concrete pavement (including existing concrete pavement covered with an asphaltic surface), the first layer of leveling shall be placed as soon as possible but no later than 48 hours after cracking the concrete. The remainder of the leveling course shall be placed in the normal sequence of operations. 330A-9.3.5 Removal of Excess 'Joint Material: Where a leveling course is to be placed over existing concrete pavement or bridge decks, the excess joint filler in the cracks and joints shall be trimmed flush with the surface prior to placing the first layer of the leveling course. 330A-10 Compacting Mixture- 330A-10.1 Provisions Applicable to All Types: 330A-10.1.1E relent a Equipment p red Sequence: For each paving or leveling train in operation,the Contractor shall finish a separate set of rollers,with their operators. The following equipment, sequence and coverage are suggested for use based on past successful performance; however, when density is required, the Contractor may select his own equipment, sequence and coverage of rolling to meet the minimum density requirement specified. Regardless of the rolling procedure used, the final rolling must be completed before the internal pavement temperature has dropped below 175°F. (1) Seal rolling, using tandem steel rollers (either vibratory or static) weighing 5 to 12 tons, following as close behind the spreader as is possible without pickup, undue displacement or blistering of the material. Vibratory rollers shall be used in the static mode for layers of one inch or less in thickness. (2) Rolling with self-propelled pneumatic-tired rollers, following as close behind the seal rolling as the mix will permit. The roller shall cover every portion of the surface with at least five passes. (3) Final rolling with the 8 to 12-ton tandem steel roller, to be done after the seal rolling and pneumatic-tired rolling have been completed, but before the internal pavement temperature has dropped below 175°F. GP-59 Once the Contractor has selected the equipment and established the rolling procedures and these have been used for the control strip density determination, then the Contractor must continue to use the same equipment and rolling procedures for all asphalt mix represented by the control strip. Changes in equipment or procedures will require a new control strip density determination. The Engineer must be notified prior to changing the rolling process. When density is not required, as for all patching courses, leveling and intermediate courses less than one- inch thick, overbuild course; of variable thicknesses (when the minimum thickness is less than one-inch) and open-graded friction courses, the compaction will be applied in accordance with the standard specifications. The specified rolling procedures must be followed when density determinations will not be made. When density is not required on those courses indicated in the foregoing paragraph, but the Contractor wants to use other rollers, patterns or sequences than those specified, they may request approval from the Department. Approval may be granted for leveling and intermediate courses 112-inch and thicker and overbuild courses when these courses are placed with a_paving machine. Density requirements will be in accordance with the provisions of the first paragraph of 330AA-10.3 (Density Control- Nuclear Method), Table 330AA-2 and Table 330AA-3. Approval for a change on patching courses, variable thickness leveling courses placed with motor graders and open-graded friction courses will not be granted. 330AA-10.1.2 Compaction at Crossovers, Intersections, etc.: When a separate paving machine is being used to pave the crossovers, the compaction of the crossovers may be done by one 8-to 10-ton tandem steel roller. If crossovers, intersections and acceleration and deceleration lanes are placed with the main run of paving, a traffic roller shall also be used in the compaction of these areas. 330A-10.1.3 Rolling Procedures: The initial rolling shall be longitudinal. Where the lane being placed is adjacent to a previously placed lane,the center joint shall be pinched or rolled,prior to the rolling of the rest of the lane. Rolling shall proceed across the mat, overlapping the adjacent pass by at least six inches_ The motion of the roller shall be slow enough to avoid displacement of the mixture, and any displacement shall be corrected at once by the use of rakes, and the addition of fresh mixture if required. Final rolling shall be continued until all roller marks are eliminated. 330A-10.1.4 Speed of Rolling: Rolling with the self-propelled, pneumatic-tired rollers shall proceed at a speed of 6 to 10 miles per hour, and the area covered by each roller shall not be more than 4,000 square yards per hour, except that for Type S Asphaltic Concrete, this maximum rate of coverage shall be 3,000 square yards per hour. 330A-10.1.5 Number of Pneumatic-tired Rollers Required: A sufficient number of self propelled pneumatic-tired rollers shall be used to assure that the rolling of the surface for the required number of passes will not delay any other phase of the laying operation nor result in excessive cooling of the mixture before the rolling is complete. In the event that the rolling falls behind, the laying operation shall be discontinued until the rolling operations are sufficiently caught up. GP-60 330A-10.1.6 Compaction of Areas Inaccessible to Rollers: Areas which are inaccessible to a roller (such as areas adjacent to curbs, headers, gutters, bridges; manholes, etc.) shall be compacted by the use of hand tamps or other satisfactory means. 330A-10.1.7 Rolling Patching and Leveling Courses: Self-propelled pneumatic-tired rollers shall be used for the rolling of all patching and leveling courses. Where the initial leveling course is placed over broken concrete pavement, the pneumatic-tired roller shall weigh at least 15 tons. For Type S-III Asphaltic Concrete leveling courses, the use of a steel-wheeled roller, to supplement the traffic rollers, will be required. On other leveling courses, the use of a steel-wheeled roller will be required on all passes after the first. 330A-101.8 Correcting Defects: The rollers shall not be allowed to deposit gasoline, oil or grease onto the pavement, and any areas damaged by such deposits shall be removed and replaced as directed by the Engineer. While rolling is in progress, the surface shall be tested continuously and all discrepancies corrected to comply with the surface requirements. All drippings, fat or lean areas and defective construction of any description shall be removed and replaced. Depressions which develop before the completion of the rolling shall be remedied by loosening the mixture and adding new mixture to bring the depressions to a true surface. Should any depression remain after the final compaction has been obtained, the frill depth of the mixture shall be removed and replaced with sufficient new mixture to form a true and even surface. All high spots, high joints and honeycomb shall be corrected as directed by the Engineer. Any mixture remaining unbonded after rolling shall be removed and replaced. Any mixture which becomes loose or broken, mixed or coated with dirt or in any way defective, prior to laying the wearing course shall be removed and replaced with fresh mixture which shall be immediately compacted to conform with the surrounding area. 330A-10.1.9 Use of Traffic Roller on First Overbuild Course: A self-propelled pneumatic-tired roller shall be used on the first overbuild course. Coverage shall be a minimum of five passes. 330A-10.1.10 Use of Traffic Roller on First Structural Layer Placed on a Milled Surface: A self- propelled pneumatic-tired roller shall be used on the first structural layer placed on a milled surface. Coverage shall be a minimum of three passes. 330A-10.2 Provisions Applicable to Shoulder Pavement Only: Shoulder pavements wider than three feet shall be compacted by the use of equipment of the type required for other asphaltic concrete pavements. Density determinations will be required on shoulder pavements wider than three feet when the thickness is one inch or greater. These density determinations (including the control strip) will be separate from the pavement lane even when the pavement lane and shoulder are placed in the same pass. Density determinations will not be required on asphaltic concrete or sand-asphalt hot mix shoulders three feet or less in width. The compactive effort shall be done by the use of tandem steel rollers not exceeding 12 tons in weight. In restricted areas other equipment that will effectively exert a compactive effort may be approved by the Engineer. The Contractor shall state what equipment and compactive effort (coverage) is proposed to be used. This must be approved by the Engineer before the Contractor starts the operation. Where sand-asphalt hot mix shoulders are constructed within the limits of curb and gutter, compaction shall be done by light weight rolling equipment, approved by the Engineer, which will not displace the previously constructed curb and gutter. GP-61 330A-10.3 Density Control: 330A-10.3.1 Density Control Nuclear Method: The in-place density of each course of asphalt mix construction, with the exceptions of patching courses, leveling and intermediate courses less than one-inch thick or a specified spread rate less than 100 pounds per square yard, overbuild courses where the minimum thickness is less than one-inch, and open-graded friction courses, shall be determined by the use of the Nuclear Density Backscatter Method as specified by FM 1-T238 (Method B). The required density of a completed course shall be at least 98 percent of the average density of the control strip. 330A-10.3.2 Control Strips: 330A-10.3.2 Control Strips: One or more control strips shall be constructed for the purpose of determining the control strip density. A control strip shall be constructed at the beginning of asphalt construction and one thereafter for each successive course. Any change in the composition of the mix will require the construction of a new control strip. The Engineer may require an additional control strip when he deems it necessary to establish a new control strip density or conform the validity of the control strip density being used at that time. The Contractor may request a conformation of the control strip density also. The control strip must be constructed as a part of a normal day's run. The Contractor will not be permitted to construct the control strip separately. The length of the control strip shall be 300 feet, regardless of the width of the course being laid. When the control strip is to be constructed for the first day of asphalt construction or at the beginning of a new course, it shall be started between 500 and 1,000 feet from the beginning of the paving operation. The thickness of the control strip shall be the same as that specified for the course of which it is a part. The control strip will be constructed using the same mix, the same paving and rolling equipment and the same procedures as those used in laying the asphalt course of which the control strip is to become a part. Every control strip will remain in place and become a portion of the completed roadway. When the compaction of the control strip has been completed, ten density determinations will be made at random locations within the control strip. No determinations will be made within one foot of any unsupported edge. The average of these ten determinations will be the Control Strip Density. For purposes of determining the percent of laboratory density, as required in Table 330AA-2, a correction factor will be developed from cores or by direct transmission nuclear determination where applicable. (a)The lab density shall be calculated to the nearest 0.01 percent and rounded to the nearest 0.1 percent. In the event that a control strip meeting the requirements of Table 330AA-2 is not obtained and this particular mix, layer, etc. is completed on the project, density shall be evaluated in accordance with FM 5- 543 (Determining Density of Asphalt Pavement Layers when a Valid Control strip is not obtained). GP-62 Table 330AA-2 Roadway Requirements For Bituminous Concrete Mixes Mbc Type Density Minimum Control Strip Surface Tolerance Density % S-I X 96 Lab.Dens. X S-II X 96 Lab.Dens. X 5-III X 96 Lab.Dens. X ` Y]2e II X 96 Lab.Dens. X Type M X 96 Lab.Dens. X SAHM X 96 Lab.Dens. X ABC-1 X 96 Lab.Dens. ABC-2 X_ 96 Lab.Dens. Xx ABC-3 X 96 Lab.Dens. FC-1 X 96 Lab.Dens. X FC-2 No Density Required 96 Lab.Dens. X FC-4 X 96 Lab.Dens. X *X—Denotes that test is required. ** -Shall meet the straightedge requirements of 200-7. 330A-10.3.3 LOTs: For the purpose of acceptance and partial payment, each day's production will be divided into LOTS. The standard size of a LOT shall consist of 5,000 lineal feet of any pass made by the paving train regardless of the widtd, of the pass or the thickness of the course. Pavers traveling in echelon_ will be considered as two separate passes. When at the end of a day's production or the completion of a given course or at the completion of the project, a partial LOT occurs, then the LOT size will be redefined as follows: If the partial LOT contains one or two sublots with their appropriate test results, then the previous full-size LOT will be redefined to include this partial LOT and the evaluation of the LOT will be based on either six or seven sublot determinations. If the partial LOT contains three or four sublots with their appropriate test results, this partial LOT will be redefined to be a whole LOT and the evaluation of it will be based on the three or four sublot determinations. For the standard size LOT (5,000 lineal feet), five density determinations - one for each sublot - will be made at random locations within the LOT. but not to be taken within one foot of any unsupported edge. The random locations will be determined by the use of statically derived random number tables furnished by the Department. These will also be used for partial LOTS, For the Contractor to receive full payment for density, the average density of a LOT will be a minimum of 98.0 percent of the control strip density. Once the average density of a LOT has been determined the Contractor will not be permitted to provide additional compaction to raise the average. 330A-10.3.4 Acceptance: The completed pavement will be accepted with respect to density on a LOT basis. Partial payment will be made for those LOT's that have an average density less than 98.0 percent of the Control Strip Density based on the following schedule: GP-63 Table 330AA-3 Payment Schedule For Density Percent of Control Strip Density-, Percent of payment 98.0 and above 100 97.0 to less than 98.0 95 96.0 to less than 97.0 90 *Less than 96.0 75 *In calculating the percent of control strip density,do not round off the final percentage. **If approved by the Engineer based on an engineering determination that the material is acceptable to remain in place,the Contractor may accept the indicated partial pay, otherwise the Department will require removal and replacement at no cost.The Contractor has the option to remove and replace at no cost to the Department at any time. 330A-10.3.5 Density Requirements for Small projects: For projects less than 1,000 linear feet in length and bridge projects with approaches less than 1,000 linear feet each side, the requirements for control strips and nuclear density determination will not apply. The Contractor will use the standard rolling procedures as specified in 330AA0. The provisions for partial payment do not apply to these small projects. 330A-11 Joints: 330A-11.1 Transverse Joints: Placing of the mixture shall be as continuous as possible and the roller shall not pass over the unprotected end of the freshly laid mixture except when the laying operation is to be discontinued long enough to permit the mixture to become chilled. When the laying operation is thus interrupted, a transverse joint shall be constructed by cutting back on the previous run to expose the full depth of the mat. 330A-11.21 1 ongitudinal Joints: For all layers of pavement except the leveling course, placing of each layer shall be accomplished to cause longitudinal construction joints to be offset 6 to 12 inches laterally between successive layers. The Engineer may waive this requirement where offsetting is not feasible due to the sequence of construction. 330A-11.3 General: When fresh mixture is laid against the opposite edges of joints (trimmed or formed as provided above), it shall be placed in close contact with the exposed edge so that an even, well-compacted joint will be produced after rolling. 330A-12 Surface Requirements: 330A-12.1 Contractor Responsibility: The Contractor shall be responsible for obtaining a smooth surface on all pavement courses placed and therefore should straightedge all intermediate and final courses with a 15-foot rolling straightedge. A 15-foot manual straightedge shall be fimiished by the Contractor and shall be available at the job site at all times during the paving operation for checking joints and surface irregularities. GP-64 330A-12.2 Texture of the Finished Surface of Paving Layers: The finished surface shall be of uniform texture and compaction. The surface shall have no pulled,tom, or loosened portions and shall be free of segregation, sand streaks, sand spots, or ripples. Any area of the surface which does not meet the foregoing requirements shall be corrected in accordance with 330A-12.4. Unless written permission is obtained, asphalt concrete mixtures containing aggregates which will cause a different color appearance shall not be used in the final wearing surface in sections less than one mile in length. 330A-12.3 Acceptance Testing for Surface Tolerance- 330A-12.3.1 General: Acceptance testing for surface tolerance will be applicable to pavement lanes and ramps, where the width is constant, and shall include all construction joints. Intersections, tapers, crossovers, transitions at beginning and end of project, and similar areas will not be tested for surface tolerance with the rolling straightedge as provided below. However, any individual surface irregularity in these areas in excess of 318 inch as determined by a 15-foot straightedge, and deemed by the Department to be objectionable, shall be corrected in accordance with 330A-12.4. When the Department is ready to perform acceptance testing for surface tolerance, the Contractor shall provide the required traffic control in accordance with standard maintenance of traffic requirements specified in the contract. The cost of this traffic control shall be included in the contract bid prices for the asphalt items. The Contractor shall also provide a representative to be present during the entire operation of straightedging for acceptance purposes. 330A-123P.2 'Vest Method. Acceptance testing shall consist of one pass of a standard US-foot rolling straightedge operated along the centerline of each lane tested. This does not preclude acceptance testing lit other locations within the lane being tested. 330A-12.3.3 Acceptance Criteria for Last Layer Prior to Friction Course: The Contractor shall furnish and operate an acceptable 15-foot rolling straightedge for testing of the last layer prior to the friction course as directed by the Engineer and supervised by project personnel. All deficiencies in excess of 3116-inch shall be corrected in accordance with 330A-12.4 and retested as necessary prior to placement of the friction course. Where the final surface is not a friction course, acceptance criteria shall be in accordance with 330A-12.3.4. s GP-65 330A-12.3.4 Acceptance Criteria for Final Surface or Friction Course: Upon completion of the final surface or friction course, district materials personnel will test the finished surface with a 15-foot rolling straightedge. All deficiencies in excess of 3116th inch shall be corrected in accordance with 330A-12.4, except that correction by overlaying will not be permitted when the final surface is a friction course. The Engineer may waive corrections specified above if an engineering determination indicates that the deficiencies are sufficiently separated so as not to significantly affect the ride quality of the pavement and corrective action would unnecessarily mar the appearance of the finished pavement. Where the Engineer elects to waive correction and the finished pavement surface is a friction course, the pay quantity for Asphaltic Concrete Friction Course will be reduced by the amount of friction course which would have been removed and replaced if the correction had been made {100 ft. X lane width). Where the Engineer elects to waive a correction and the finished pavement surface is other than a friction course, the appropriate pay quantity for Asphaltic Concrete shall be reduced by the equivalent quantity of materials which would have been removed and replaced if the correction had been made. (a) Where the pay quantity is in square yard, the reduction is based on the area which would have been removed (100 feet X lane width) multiplied by the ratio of the layer thickness to the total thickness of the type of mix specified. (b) Where the pay quantity is in tons, the reduction is based on the volume which would have been removed(100 feet X lane width X layer thickness) multiplied by the laboratory density for the mix. 330A-12.4 Correcting Unacceptable Pavement: The Contractor has the option of selecting one of the following methods unless overlaying is prohibited in accordance with 330A-12.3.4: (a)Removing and Replacing - If correction is made by removing and replacing the pavement, the removal must be for the full depth of the course and extend at least SO feet on either side of the defective area, for the full width of the paving lane. (b) Overlaying - If correction is made by overlaying, the overlay shall cover the length of the defective area and taper uniformly to a featheredge thickness at a minimum distance of SO feet on either side of the defective area. The overlay shall extend full width of the roadway. Care shall be taken to maintain the specified cross slope. The mix used for the overlay may be adjusted as necessary for this purpose by the District Bituminous Engineer. i (c) Other Methods - For courses which will not be the final pavement surface, correction of minor straightedge deficiencies by methods other than specified above shall be approved by the District Bituminous Engineer. The cost of all corrective work, either by removing and replacing or by overlaying, shall be borne by the Contractor. GP-66 330A-13 Protection or Finished Surface. Sections of newly compacted asphaltic concrete which are to be covered by additional courses shall be kept clean until the successive course is laid. No dumping of embankment or base material directly on the pavement will be permitted. Dressing of shoulders shall be completed before placement of the friction course on adjacent pavement. Blade graders operating adjacent to the pavement during shoulder construction shall have a two-inch by eight-inch (or larger) board (or other attachment providing essentially the same results) attached to their blades in such manner that it extends below the blade edge, in order to protect the pavement surface from damage by the grader blade. To prevent rutting or other distortion, sections of newly finished dense-graded friction course and the last structural layer prior to the friction course shall be protected from traffic until the surface temperature has cooled below 160°F. The Contractor may use artificial methods to cool the pavement to expedite paving operations. The Department may direct the Contractor to use artificial cooling methods when, in the opinion of the Engineer, maintenance of traffic requires opening the pavement to traffic at the earliest possible time. 330A-14 Correcting Deficient Thickness. 330A-14.1 Allowable Deficiencies: When the pavement is to be paid for on a square yard basis, the thickness shall be determined from the length of the co---borings, as specified in 330A-15.1. The maximum allowable deficiency from the specified thickness shall be as follows: (1) For pavement of a specked thickness of 2 112 inches or more: 112 inch. (2) For pavement of a specified thickness of less than 2 112 inches: 1/4 inch. i 330A-14.2 Pavement Exceeding Allowable Deficiency in Thickness: 330A-14.2.1 When Deficiency is Seriously in Excess: Where the deficiency in thickness is: (1) in excess of 318 inch, for pavement of less than 2 112 inches in specified thickness, or, (2) in excess of 3/4 inch, for pavement of specified thickness of 2 112 inches or more, the Contractor shall correct the deficiency either by replacing the full thickness for a length extending at least 50 feet from each end of the deficient area, or (when permitted by the Engineer)by overlaying as specified in 330A-14.2.3. As an exception to the above, pavement outside the main roadway area (acceleration and deceleration lanes and crossovers) may be left in place, without compensation when 80 permitted by the Engineer, even though the thickness deficiency exceeds the tolerance specified above. The Contractor will receive no compensation for any pavement removed, nor for the work of removing such pavement. i GP-67 330A-14.2.2 When Deficiency is Not Seriously in Excess: When the deficiency in the thickness of the pavement is over 114 inch but not more than 318 inch, for pavement of specified thickness less than 2 112 inches; or when the deficiency in thickness is over 112 inch but not more than 314 inch, for pavement of specified thickness of 2 112 inches or greater; the Contractor will be allowed to leave such pavement in place, but without compensation. The areas of such pavement for which no square yard payment will be made shall be the product of the total distance between acceptable cores, multiplied by the width of the lane which was laid at the particular pass in which deficient thickness was indicated. All costs of the overlaying and compacting shat 1 he borne by the Contractor. 330A-14.2.3 Correcting Deficiency by Adding New Surface Material: For any case of excess deficiency of the pavement, the Contractor will be permitted, if approved by the Engineer for each particular location, to correct the deficient thickness by adding new surface material and compacting to the same density as the adjacent surface. The area to f be corrected and the thickness of new material added shall be as specified in 330A-12.3. All costs of the overlaying and compacting shall be borne by the Contractor. 330A-15 Calculations for Thickness of Pavement to be Paid for (Applicable Only Where the Pavement is to be Paid for by the Square Yard). 330A-15.1 Core Borings: When the Department is ready to core the finished asphalt construction for thickness as required for acceptance testing,the Contractor shall provide the required traffic control in accordance with standard maintenance of traffic requirements specified in the contract. The cost of this traffic control shall be included in the contract bid prices for the asphalt items. i The Contractor shall provide a representative to be present during the entire coring operations for acceptance purposes. The thickness of the pavement shall be determined from the length of cores, at least two inches in diameter, taken at random points on the cross section and along the roadway. Each core shall represent a section of r roadway no longer than 200 feet regardless of the number of lanes. Thickness determinations for paved shoulders and widening shall be separate from the mainline roadway and shall represent a section no longer than 400 feet for each shoulder or- widening. The average thickness shall be determined from the measured thicknesses, and in accordance with the procedure and criteria specified herein. If the Contractor believes that the number of cores taken by the Department is insufficient to properly indicate the thickness of the pavement, he may request the Department to make additional borings at locations designated by him. The cost of these additional borings shall be deducted from any sums due the Contractor unless such borings indicate that the pavement within the questioned area is of specified thickness. GP-68 33OA-15.2 Criteria For Calculations—DELETE AND SUBSTITUTE THE FOLLOWING: The calculation for asphaltic concrete pavement to be paid for under this section shall be the area in square yards completed and accepted with the length to be used in the calculation being the actual length measured along the surface and the width as shown on the plans. The thickness to be paid shall be as shown on the Typical Section in the Plans. Areas of deficient thickness - pavement which is left in place with no compensation (as specified in 330A- 14.2), shall not be taken into account in the calculation. Whew areas of defective surface or deficient thickness are corrected by overlaying with additional material, the thickness used in the calculations shall be the thickness specified on the Typical Section for such areas. � I THIS SPACE LEFT BLANK INTENTIONALLY y j [� E f I i i I I i GP-G9 SECTION 331 TYPE S ASPHALTIC CONCRETE SECTION 331 IS ADDED TO THIS SPECIFICATION 331-1 Description. This Section specifies the materials, the composition, and physical test properties for Type S Asphaltic Concrete (Type S-I, Type S-I1 or Type S-III as specified by the contract or when offered as alternates. The composition, and physical test properties for all mixes, including Type S Asphaltic Concrete (S-1, S-I1 and S-III) are shown in the following Tablc 331-1 and Table 331-2. Where Type S Asphaltic Concrete is specified in the contract, if approved by the Engineer, the Contractor may also select Type S-III Asphaltic Concrete as an alternate for the final surface (no friction course specified) and as the final layer of structural course only, prior to the friction course. Type S-II Asphaltic Concrete will not be permitted as the final layer prior to the friction course. Requirements for plant and equipment shall be as specified in Section 320. General construction requirements shall be as specified in Section 330A. Table 331-1 Percent By Weight Total Aggregate Passing Sieves* Type 3/4 '/z 318 NoA No.10 No.40 No.80 No.200 S-I 100 88-100 75-93 47-75 31-53 1935 7-21 2-6 S-II** 83-98 71-87 62-78 47-63 33-49 19-35 9-18 2-6 S-Ill - 100 88-100 60-90 40-70 20-45 10-30 2-12 Type II 100 90-100 80-100 55-90 2-10 Type 111 100 80-100 65-100 40-75 20-45 10-30 0-12 SAHM 100 0-12 ABC-1 100 0-12 ABC-2 100 55-90 2-10 ABC-)*** 70-100 30-70 20-60 10-40 2-8 FC-1 100 55-85 2-5 FC-2**** 100 85-100 10-40 4-12 2-6 FC-4 100 75-90 2-6 * In inches,except where otherwise indicated.Number sieves are U.S. Standard sieve series. ** 100%passing 1 114-inch sieve and 94-100% passing 1-inch sieve. *** 100%passing 1 112-inch sieve. **�* The design range for the No. 10 sieve may be increased for lightweight aggregates. GP-70 I Table 331-2 Marshall Design Properties For Bituminous Concrete Mixes Minimum Mix Minimum Minimum Air Effective Type Marshall Flow* VMA Voids Asphalt Stability (0.01 in.) N N Content (lbs.) N S-I 1500 8-14 14 3-5 5.0 S-II 1500 8-14 13 3-5 5.0 S- 111 1500 8-14 15 3-7 5.5 Type Il 500-750 7-16 18 5-16 6.0 Type Ill 750-1000 7-16 15 5-12 5.5 SAHM 300-500 7-16 15 5-16 6.0 ABC-1 500 7-16 15 5-16 6.0 ABC-2 750 7-16 15 5-14 5.5 ABC-3 1000 8-14 14 3-7 5.0 FC-1 500 7-14 15 8-14 5.5 FC-2 - - - - - FC-4 500 7-14 15 12-16 5.0 *The maximum Flow for the mix design shall be one point less than shown in the Table. The maximum Flow values shown apply only during production. Work will be accepted on a LOT to LOT basis in accordance with the applicable requirements of Sections 5, 6, and 9. The size of the LOT will be as specified in 331-5 for the bituminous mixture produced at the plant and as stipulated in 330A-10 and 330A-12 for the material placed on the roadway. 331-2 MATERIALS. 331-2.1 General Specifications. The materials used shall conform with the requirements specified in Division III. Specific references are as follows: i (1)Asphalt Cement Viscosity Grade AC-30 ............... . . . . . 916-1 (2)Mineral Filler. ....... . . . .. . . . . . ............ . .......... .917-1 and 917-2 (3) Coarse Aggregate, Stone, Slag or Crushed Gravel....... Section 901* (4)Fine Aggregate. Section 902 *Gravel for use in asphalt concrete mixtures shall be crushed. In addition, the asphalt concrete mixtures containing crushed gravel as the course aggregate component must show no potential for stripping during laboratory testing, before approval of the mix design. Reclaimed Portland Cement Concrete Pavement may be used as a coarse aggregate or screenings component subject to meeting all applicable specifications, All materials shipped to the asphalt plant will be sampled at their destination. } i GP-71 f 331-12 Specific Requirements. 331-2.2.1 Condition of Aggregate. The aggregate shall be clean and shall contain no deleterious substances. Coarse or fine aggregate containing any appreciable amount of phosphate shall not be used. 331-2.2.2 Fine Aggregate and Mineral filler. In laboratory tests, and for the purpose of proportioning the paving mixture, all material passing the No. 10 sieve and retained on the No. 200 sieve, shall be considered as fine aggregate, and the material passing the No. 200 sieve shall be considered as mineral filler. 331-2.2.3 Screenings. Any screenings used in the combination of aggregates shall contain not more than 15 percent of material passing the No. 200 sieve. When two screenings are blended to produce the screening component of the aggregate, one of such screenings may contain up to 18 percent of material passing the No. 200 sieve, as long as the combination of the two does not contain over 15 percent material passing the No.200 sieve. Screenings may be washed to meet these requirements. 331-2.2.4 Use of Reclaimed Asphalt Pavement - Reclaimed asphalt pavement may be used as a component material of the bituminous mixture subject to the following: 1. The Contractor shall be responsible for the design of asphalt mixes which incorporate reclaimed asphalt pavement as a component part. 2. Reclaimed asphalt pavement shall not exceed 60 percent by weight of total aggregates for Asphalt Base Courses nor more than 35 percent by weight of total aggregates for Structural and Leveling Courses, Reclaimed asphalt pavement shall not be used in Friction Courses. 3. A 3 112" grizzly shall be mounted over the reclaimed asphalt pavement cold bin. If oversize material shows up in the mix, the size of openings shall be reduced. 4. The reclaimed asphalt pavement material as stock p iled shall be reasonably uniform in characteristics and shall not contain aggregate particles which are soft or conglomerates of fines. 331-2.2.5 Recycling Agents: When reclaimed asphalt pavement is approved for use as a component material, a recycling agent meeting the requirements specified in 916A-2 shall be used in the mix. 331-3 PERMISSIBLE VARIATION FOR THE COARSE AGGREGATE. E The aggregate or aggregates shipped to the job shall be sized and uniformly graded or combined in such proportions that the resulting mixture meets the grading requirements of the mix design. 331-4 GENERAL COMPOSITION OF MIXTURE- 331-4.1 General: The bituminous mixture shall be composed of a combination of aggregate(coarse, fine or mixtures thereof), mineral filler, if required, and bite vinous material. Not more than 20 percent by weight { of the total aggregate used shall be silica sand or local materials as defined in Section 902. The silica sand and local materials contained in any reclaimed asphalt pavement material, if used in the mix, shall be considered in this limitation. The several aggregate fractions shall be sized,uniformly graded and combined in such proportions that the resulting mixture will meet the grading and physical properties of the approved mix design. Reclaimed asphalt pavement meeting the requirements of 331-2.2.4 may be approved as a substitution for a portion of the combination of aggregates, subject to all applicable specification requirements being met. GP-72 331-4.2 Grading Requirements- In all cases, the job mix formula shall be within the design ranges specified in Table 331-1. 331-4.3 Mix Design: 331-4.3.1 General: Prior to the production of any asphaltic paving mixture, the Contractor shall submit a mix design to the Engineer at least two weeks before the scheduled start of production. The following information shall be Rimished: 1. The specific project on which the mixture will be used. 2. The source and description of the materials to be used. 3. The gradation and approximate proportions of the raw materials as intended to be combined in the paving mixture. 4. A single percentage of the combined mineral aggregate passing each specified sieve. 5. A single percentage of asphalt by weight of total mix intended to be incorporated in the completed mixture. 6. A single temperature at which the mixture is intended to be discharged from the plant. 7. The laboratory density of the asphalt mixture, for all mixes except Open-Graded Friction Courses. 8. Evidence that the completed mixture will conform to all specified physical requirements. 9. The name of the individual responsible for the Quality Control of the mixture during production. In lieu of the above, when reclaimed asphalt pavement is approved for use as a component material, the Contractor shall submit to the Engineer at least two weeks before the scheduled start of production in writing a proposed mix design and samples of all material components. The following information shall be furnished with the proposed mix design for mixes containing reclaimed asphalt pavement: 1. The specific project on which the mixture will be used. 2. The source and description of the materials to be used. 3. The gradation and approximate proportions of the raw materials as intended to be combined in the paving mixture. 4. A single percentage of the combined mineral aggregate passing each specified sieve. 5. A single temperature at which the mixture is intended to be discharged from the plant. 6. The name of the individual responsible for the Quality Control of the mixture during production. 331-4.3.2 Revision of Mix Design: The approved mix design shall remain in effect until a change is authorized by the Engineer. A new design will be required for any change in source of aggregate. 331-4.3.3 Resistance to Mastic Flory: The submitted mix design shall include test data showing that the r material as produced will meet the requirements specified in Table 331-2 when tested in accordance with FM 1-T245. Further, the bulk specific gravity of the laboratory compacted bituminous mixture shall be determined in accordance with FM T-T166. The percent of unfilled voids and the percent of aggregate voids filled with asphalt shall be based on the maximum specific gravity of the bituminous mixture and on the asphalt content of each group of specimens prepared from the same sample. Maximum specific gravity of the bituminous mixture shall be determined by FM 1-T-209. GP-73 331-4.4 Contractor's Quality Control— 331-4.4.1 Personnel -DELETE IN ITS ENTIRETY 331-4.4.2 Extraction Gradation Analysis: The bituminous mixture will be sampled at the plant in accordance with FM 1-T168. The percent bitumen content of the mixture will be determined in accordance with FM 5-544. The percent passing the standard sieves will be determined in accordance with FM 5-545. All test results will be shown to the nearest 0.01. All calculations will be carried to the 0.001 and rounded to the nearest 0.0 1, in accordance with the Department's rules of rounding. The Contractor will run a minimum of one extraction gradation analysis of the mixture for each day's or part of a day's production and immediately following any change in the production process. The quality control sample of mixture for the extraction gradation analysis will be taken each day as soon as the plant operations have stabilized and the results will be obtained in a timely manner so that adjustments can be made if necessary. Extraction gradation analysis will not be required on the days when mix production is less than 100 tons. However, when mix production is less than 100 tons per day on successive days, the test will be run when the accumulative tonnage on such days exceeds 100 tons. The target gradation and asphalt content shall be as shown on the mix design. Any changes in target will require a change in the mix design in accordance with 331-4.3.2. If the percentage of bitumen deviates from the optimum asphalt content by more than 0.55 percent, or the percentage passing any sieve falls outside the limits shown in Table 331-3, the Contractor will make the necessary correction. if the results for two consecutive tests deviate from the optimum asphalt content by more than 0.55 percent, or exceeds the limits as shown in Table 331-3 for any sieve, the plant operation shall be stopped until the problem has been corrected. The Contractor will maintain control charts showing the results of the extraction gradation analysis (bitumen content and sieve analysis). Table 331-3 Tolerances for Quality Control Tests (Extraction Gradation Analysis) ------------------------------_----------------------__--___-----------------------------_-_---------------------_-_--_-- Sieve Size Percent Passing ------------------------------------------------------------------------------------------------------------------------- 1„ 7.0 314" 7.0 112" 7.0 3/8" 7.0 NoA 7.0 No. 10 5.5 No. 40* 4.5 No. 80* 10 No. 200 2.0 *Does not apply to SAHM, ABC-1 or Type U. GP-74 331-4.4.3.Plant Calibration: At or before the start of mix production, a set of hot bin samples for batch or continuous mix plants or belt cut for drum mix plants will be wash graded to verify calibration of the plant. When approved by the Engineer, extraction gradation analysis of the mix may be used to verify calibration of the plant. This extraction gradation analysis may also be used to fulfill the quality control requirements for the first days' production. 331-4.4.4 Viscosity of Asphalt in Mixes Containing Reclaimed Asphalt Pavement: When reclaimed asphalt pavement is a component material, the viscosity of the asphalt material in the bituminous mixture, determined in accordance with FM 1-T202, shall be 6000 +/- 2000 poises. This determination shall be made on samples obtained by the Department on a random basis at a frequency of approximately one per 2000 tons of mix. If the viscosity is determined to be out of the specified tolerance, the Contractor shall adjust the recycling agent formulation or blend of reclaimed asphalt material used in the mixture to bring the viscosity within tolerance. 331-5 Acceptance Of The Mixture. (For this Article the term "LOT" applies to Department projects): 331-51 General: The bituminous mixture will be accepted at the plant, with respect to gradation and asphalt content, on a LOT to LOT basis. The material will be tested for acceptance in accordance with the provisions of 6-4 and the following requirements. However, any load or loads of mixture which, in the opinion of the opinion of the Engineer, are unacceptable for reason of being excessively segregated, aggregates improperly coated, or of excessively high or low temperature shall be rejected for use in the work. A standard size LOT at the asphalt plant shall consist of 4000 tons with four equal sublots of 1000 tons each. A partial LOT may occur due to the following: (1) the completion of a given mix type on a project. (2) an approved LOT termination by the Engineer due to a change in process, extended delay in production, or change in mix design. If the partial LOT contains one or two sublots with their appropriate test results, then the previous full-size LOT will be redefined to include this partial LOT and the" evaluation of the LOT will be based on either five or six sublot determinations. If the partial LOT contains three sublots with their appropriate test results, this partial LOT will be redefined to be a whole LOT and the evaluation of it will be based on three sublot determinations. When the total quantity of any mix is less than 3000 tons, the partial LOT will be evaluated for the appropriate ntiunber of sublots from n = 1 to n= 3. When the total quantity of any mix type is less than 500 tons, the Department will accept the mix on the basis of visual inspection. The Department may run extraction and gradation analysis for information purposes; however, the provisions for partial payment will not apply. On multiple project contracts, the LOT(s) at the asphalt plant will carry over from project to project. GP-75 3311-5.2 Acceptance Procedures: The Contractor shall control all operations in the handling, preparation, and mixing of the asphalt mix so that the percent bitumen and the percents passing the No.4, 10, 40 and 200 sieves will meet the approved job mix formula within the tolerance shown in Table 331-5. Table 331-5 Tolerances for Acceptance Tests Characteristic 'Tolerance* Asphalt Content (Extraction) +1-0.55% Asphalt Content (Printout) +/-0.15% Passing No. 4 Sieve +/-7.00% Passing No. 10 Sieve +1-5.50% Passing No. 40 Sieve * +/-4.50% Passing No. 200 Sieve +/-2.00% --------------------------------------------------------------------------------------------------------- *Tolerances for sample size of n = 1. See Table 331-6 for other sample sizes n=2 through n=6. **Applies only to Type S-I, S-II, S-III, FC-1 and FC-4. Acceptance of the mixture shall be on the basis of test results on consecutive random samples from each LOT. One random sample shall be taken from each sublot. The bituminous mixture will be sampled at the plant in accordance with FM 1-T 168. The percent bitumen content of the mixture will be determined in accordance with FM 5-544. The percents passing the No.4, No. 10, No. 40 and No. 200 sieves will be determined in accordance with FM 5-545. Calculations for the acceptance test results for bitumen content and gradation (percent passing No.4, No. 10, No. 40 and No. 200) shall be shown to the nearest 0.01. Calculations for arithmetic averages shall be carried to the 0.001 and rounded to the nearest 0.01 in accordance with the Department's rules of rounding. a When the Contractor or Producer chooses to use a storage bin for mix storage overnight or longer, the material processed in this manner will be handled as follows: The samples of mix taken for acceptance tests on asphalt content must be taken before the mix is placed into the storage bin. Samples of mix for acceptance tests on gradation shall be taken after the mix has been removed from the storage bin. Payment will be made on the basis of Table 331-6 Acceptance Schedule of Payment. The process will be considered out of control when any individual test result from a LOT exceeds the 90 percent pay factor limit for the values in the "one test" column of Table 331-6. When this happens, the LOT will be automatically terminated and the percent of payment will be determined from Table 331-6. i GP-76 Table 3311-6 Acceptance Schedule of Payment- (Asphalt Plant Mix Characteristics) Average of Accumulated Deviations of the Acceptance Tests from the Mix Design. Pay Factor 1-Test 2-Tests 3- Tests 4-Tests 5- Tests 6-Tests Asphalt Cement Content (Extraction.) 1.00 0.00-0.55 0.00-0.43 0.00-0.38 0.00-0.35 0.00-0.33 0.00-0.31 0.95 0.56-0.65 0.44-0.50 0.39-0.44 0.36-0.40 0.34-0.37 0.32-0.36 0.90 0.66-0.75 0.51-0.57 0.45-0.50 0.41-0.45 0.38-0.42 0.36-0.39 0.80* over 0.75 over 0.57 over 0.50 Over 0.45 over 0.42 over 0.39 Asphalt Cement Content (Printout) 1.00 0.00-0.15 0.00-0.15 0.00-0.15 0.00-0.15 0.00-0.15 0.00-0.15 0.95 0.16-0.25 0.16-0.25 0.16-0.25 0.16-0.25 0.16-0.25 0.16-0.25 0.90 0.26-0.35 0.26-0.35 0.26-0.35 0.26-0.35 0.26-0.35 0.26-0.35 0.80* over 0.35 over 0.35 over 0.35 Over 035 over 035 over 0.35 No. 4 Sieve x* 1.00 0.00-7.00 0.00-5.24 0.00-4.46 0.00-4.00 0.00-3.68 0.00-3.45 0.98 7.01-8.00 5.25-5.95 4.47-5.04 4.01-4.50 3.69-4.13 3.46-3.86 0.95 8.01-9.00 5.96-6.66 5.05-5.62 4.51-5.00 4.14-4.58 3.87-4.27 0.90 9.01-10.00 6.67-736 5.63-6.20 5.01-5.50 4.59-5.02 4.28-4.67 0.80* over 10.00 over 736 over 6.20 Over 5.50 over 5.02 over 4.67 No. 10 Sieve *' 1.00 0.00-5.50 0.00-4.33 0.00-3.81 0.00-3.50 0.00-3.29 0.00-3.13 0.98 5.51-6.50 4.34-5.04 3.82-4.39 3.51-4.00 3.30-3.74 114-3.54 0.95 6.51-7.50 5.05-5.74 4.40-4.96 4.01-4.50 3.75-4.18 3.55-3.95 0.90, 7.51-8.50 5.75-6.45 4.97-5.54 4.515.00 4.19-4.63 3.96-4.36 0.80* over 8.50 over 6.45 over 5.54 Over 5.00 over 4.63 over 4.36 No. 40 Sieve ** 1.00 0.00-4.50 0.00-3.91 0.00-3.65 0.00-3.50 0.00-3.39 0.00-3.32 0.98 4.51-5.50 3.92-4.62 3.66-4.23 3.51-4.00 3.40-3.84 3.33-3.72 0.95 5.51-6.50 4.63.5.33 4.24-4.81 4.01-4.50 3.85-4.29 3.73-4.13 0.90 6.51-7.50 5.34-6.04 4.82-5.3 4.51-5.00 4.30-4.74 4.14-4.54 0.80* over 7.50 over 6.04 over 5.39 over 5.00 over 4.74 over 4.54 No, 200 Sieve x* 1.00 0.00-2.00 0.00-1.71 0.00-1.58 0.00-1.50 0.00-1.45 0.00-1.41 0.95 2.01-2.40 1.72-199 1.59-1.81 1.51-1.70 1.46-1.63 1.42-1.57 0.90 2.41-2.80 2.00-2.27 1.82-2.04 1.71-1.90 1.64-1.80 1.58-1.73 0.80* over 2.80 over 2.27 over 2.04 over 1.90 over 1.80 over 1.73 *If approved by the Engineer based on an engineering determination that the material is acceptable to remain in place, the Contactor may, accept the indicated partial pay. Otherwise, the Department will require removal and replacement at no cost. The Contractor has the option to remove and replace at no cost to the Department at any time. I **When there are two or more reduced payments for these items in one LOT of material, only the greatest reduction in payment will be applied. CAUTION. This rule applies only to these four gradation test results. Notes: (1)The No. 40 Sieve applies only to Type S-I, S-II, S-II1, FC-1 and FC-4. (2) Deviations are absolute values with no plus or minus signs. GP-77 331-5.3 Automatic Batch Plant With Printout: Acceptance determinations asphalt content for mixtures produced by automatic batch plants with printout will be based on the calculated bitumen content using the printout of the weights of asphalt actually used. Acceptance determinations for gradations (No.4, No. 10, No. 40 and No. 2(0) will be based on the actual test results from extraction gradation analyses. Payment will be made based on the provisions of Table 331-6. 331-5.4 Acceptance on the Roadway: The bituminous mixture will be accepted on the roadway with respect to compacted density and surface tolerance in accordance with the applicable requirements of 330A- 10 and 330A-12. . 331-5.5 Additional Vests: The Department reserves the right to run any test at any time for informational purposes and for determining the effectiveness of the Contractor's quality control. The Department will determine the Marshall properties, a minimum of one set per LOT, to determine whether or not the Contractor is meeting the specification requirements. Specimens will be prepared at the plant and transported to the District or Central Lab where they will be tested in accordance with FM 5-511 for Marshall stability and flow, FM 1- T 209 for maximum specific gravity, and FM 1-T 166 for density. When the average value of the specimens fails to meet specification requirements for stability or flow, or the air void content is below 3.0 percent (for structural mixes only), the Contractor's plant operations may be stopped until all specification requirements can be met or until another mix design has been approved (any revisions to a mix design shall be made in accordance with 331-4.3.2). When it is determined necessary to cease operations while the problem is being resolved, the approval of the Engineer will be required before resuming production of the mix. At this time the Marshall properties must be verified, ;I 331-6 Compensation- 331-6.1 Items for Which Payment Will Be Made: For the work specified under this Section (including the pertinent provisions of Sections 320 and 330A), payment will be made for the area of the pavement, in square yards (after adjustment to the equivalent area of specified-thickness pavement), or, when so shown, the weight of the mixture, in tons. 331-6.2 Area of Pavement to be paid for: When the pavement is to be paid for on an area basis, the area to be paid for shall be field measured quantity, omitting any areas not allowed for payment under the I provisions of 9-3.2, omitting any areas not allowed for payment under 330A-14.2. The thickness to be paid for under this section is the thickness shown on the typical section in the plans. i 331-6.3 Payment by Weight of fixture: Where the pavement is to be paid for by weight, the weight shall be determined as provided in 320-2 (including the provisions for the automatic recordation system). 331-6.4 Bituminous Material: DELETE IN ITS ENTIRETY 331-6.5 Work Included in Payment Items. The contract unit price per ton or per square yard, as applicable, shall be full compensation for all the work specified under this Section (including the applicable requirements of Sections 320 and 330A). Payment shall be made under: Item No. 331-2 - Type S Asphaltic Concrete -per ton. Item No. 331-72 - Type S Asphaltic Concrete -per square yard. GP-78 SECTION 333 TYPE III ASPHALTIC CONCRETE ADD SECTION 333 TO THIS SPECIFICATION 333-1 Description. The work specified in this Section consists of the construction of an asphaltic concrete pavement course, composed of a mixture of stone or slag screenings with silica sand and asphalt cement, and mineral filler if needed. All requirements of Section 320 for plant and equipment and of Section 330A for general construction requirements shall apply to this work. Work will be accepted on a LOT to LOT basis in accordance with the applicable requirements of Sections 5, 6, and 9. The size of the LOT will be as specified in 331-5 for the bituminous mixture accepted at the plant and as stipulated in 330A-10 and 330A-12 for the material accepted on the roadway. 333-2 Materials. 333-2.1 Bituminous Material: The bituminous material shall be Asphalt Cement, Viscosity Grade AC-20 or AC-30,meeting the requirements called for in 916-1. 333-2.2 Aggregate: The aggregate shall consist of stone or slag screening or a combination of stone or slag screenings with silica sand, and shall meet the gradation requirements and provide the required stability of the mix, as Specified below. Screenings shall be produced from stone or slag conforming with the requirements of Section 901. The sand shall meet the requirements of 3':)2-2.2.3. Aggregate containing any appreciable amount of phosphate shall not be used. - f 333-2.3 Mineral Filler: Mineral filler, if needed, shall conform with the requirements of Section 917. 333-3 General Composition of Mixture: 333-3.1 General: The bituminous mixture shall be composed of a combination of aggregate (coarse, fine, or mixtures a thereo�� mineral filler if required, and bituminous material. The several aggregate fractions shall be sized, uniformly graded, and combined in such proportions that the resulting mixture will meet the grading and physical properties of the approved job mix formula. Reclaimed asphalt pavement meeting the requirements of 3 31-2.2.4 may be approved as a substitution for a portion of the combination of aggregates subject to all applicable specification requirements being met. If use of reclaimed asphalt pavement is approved a recycling agent meeting the requirements of 331-2.2.5 may be used in the mix in lieu of asphalt cement. 333-3.2 Grading Requirements: The job mix formula, as established by the Contractor and approved by the Department, shall be within the design range specified in Table 331-1. i' i GP-79 333-3.3 Proportions of Sand and Screenings: Not more than 25 percent by weight of the total aggregate used shall be local sand. In addition to the local sand, a portion not to exceed 15 percent by weight of the total aggregate may be commercial washed sand. The commercial washed sand shall be supplied by an approved source having a FDOT sand mine number and conform with the requirements of Section 902 except those in 902-2.2. The sand portion of any reclaimed asphalt pavement material if used in the mixture shall be considered as local sand. 333-3.4 Stability: The constituents of the mixture shall be combined in such proportions as to produce a mixture having Marshall properties within the limits show in Table 331-2. 333-3.5 Screening: When tested at the cold elevator in the combination to be used, the aggregate shall contain not more than 10 percent, by weight, of material passing the No. 200 sieve. Any screenings used in the combination of aggregate shall not contain more than 15 percent of material passing the No. 200 sieve. When two screenings are blended to produce the screenings component of the aggregate, any component of such screenings may contain up to 18 percent of material passing the No. 200 sieve. Screenings may be washed to meet these requirements and shall be free from lumps and foreign matter. 333-4 Formula for,lob Mix. The job mix formula shall conform to the requirements of 331-4.3. In addition to these requirements, the job mix formula shall include test data showing that the material as produced will meet the requirements of Table 331-2. 333-5 Contractor's Quality Control: The Contractor shall provide the necessary control of the bituminous mixture and construction in accordance with the applicable provisions of 6-8.4 and 331-4.4. After the job mix formula is approved, the Contractor shall furnish the material not only within the limits of the design range, but in addition, shall meet the approved Job mix formula within the acceptance ranges shown in the approved design mix. The extraction gradation analysis shall comply with provisions of 331-4.4.2 and Table 331-3. Plant calibration shall comply with the provisions of 331-4.4.3 and Table 331-3. 333-6 Acceptance of Mixture. 333-6.1 Acceptance at the Plant: The bituminous mixture will be accepted at the plant with respect to gradation and asphalt content in accordance with the requirements of 331-5. 333-6.2 Acceptance on the Roadway: The bituminous mixture will be accepted on the roadway with respect to compacted density and surface tolerance in accordance with the applicable provisions of 330A-10 and 330A-12. 333-6.3 Additional Tests: The provisions of 331-5.5 apply to Type III Asphaltic Concrete. 333-7 Measurement and Payment. The work specified in this Section shall be measured and paid for as specified for Type S-I Asphaltic Concrete under the applicable provisions of 331-6. Payment will be made under: Item No. 333-1 -Type III Asphaltic Concrete -per square yard. Item No. 333-2 - Type III Asphaltic Concrete - per ton. OP-80 SPECIAL CONDITIONS - ASBESTOS - PROCEDURES FOR DEMOLITION OF STRUCTURES SECTION 800-ASBESTOS MATERIAL REMOVAL General: This Section is included for the removal and disposal requirements of asbestos material encountered during construction, whether or not it is indicated on the plans. The following are special conditions and procedures for the Demolition of Structures and handling and disposal of asbestos cement pipe. SECTION 1 OF 3: ASBESTOS NOTIFICATION Federal and state asbestos regulations require, prior to demolition of structure: 1) An inspection for asbestos-containing materials (ACM) j 2) Removal of specified ACM, and 3) An asbestos notification of demolition received at least ten (10) business days prior to demolition. To meet requirements 41 and 42 above, the County has surveyed the structure(s) in this bid/work order for the presence of ACM and every effort has been made to remove Regulated Asbestos-Containing Material (RACM) and Category II Non-Friable ACM (e.g., asbestos-cement board and shingles) before releasing this project to the Contractor. Verification of this work is attached to this bid/work order. If not attached, it is the Contractor's responsibility to contact the Project Manager of the County department overseeing this bid/work order, or the County's Risk Management/ Loss Control section to obtain: 1 1) A copy of the pre-demolition asbestos inspection report; and i 2) A copy of Risk Management / Loss Control's memo of approval to proceed to next phase addressed to the County department overseeing the project. To meet requirement 43 above, the Contractor is responsible for submitting a complete and accurate asbestos notification of demolition form, titled "Notice of Asbestos Removal Project" (i.e., NESHAP notification, 40 CFR Part 61.145(b)), for each separate address to be demolished to the below listed agencies at least 10 business days prior to demolition. The forms are available from the Florida Department of Environmental Protection (DEP) and Loss Control. SEND ORGINAL TO: SEND COPY TO: Asbestos Coordinator PBC Risk Management/Loss Control FL Dept of Environmental Protection 160 Australian Avenue, Suite 401 400 N. Congress Avenue West Palm Beach, FL 33416-1229 West Palm Beach, FL 33401 FAX 561-2335440 GP-81 The Contractor must immediately notify the Project Manager of the County department overseeing the project and Loss Control [phone 561-233-5430] if the demolition Start Date changes. No demolition may begin before the Start Date on the NESHAP notification, and no demolition may occur without a notice to proceed from the County department. It is the responsibility of the Contractor to call and submit revised NESHAP notifications to the above listed agencies, adhering to required NESHAP timeframes. The Contractor is responsible for physically checking the structure(s) before submitting the NESHAP notification to ensure that all RACM and Category II ACM, as identified in the pre-demolition asbestos inspection report, have been removed. If RACM or Category 11 ACM is discovered, or is in poor condition (i.e. not intact), immediately contact the County's Project Manager or Loss Control. SECTION 2 OF 3: WORK PRACTICES Compliance with the following regulations is the demolition contractor's responsibility: 1. Environmental Protection Agency (EPA)NESHAP 40 CFR Part 61 Subpart M- National Emission Standard for Hazardous Air Pollutants, updated August 2004; 2. Occupational Health and Safety Administration (OSHA) Construction Industry Standard, 29 CFR 1926.1101; 3. EPA "A Guide to Normal Demolition Practices Under the Asbestos NESHAP," September 1992; 4. Asbestos NESHAP "Adequately Wet Guidance," December 1990; and 5. OSHA Standard Interpretation, dated August 13, 1999, "Requirements for demolition operations involving materials containing <I% asbestos." The above regulations include utilizing wet demolition methods and prohibition of recycling the substructure with presumed or confirmed Category I ACM. Written permission from Palm Beach County to the Contractor is needed for said recycling. SECTION 3 OF 3: COMPETENT PERSON The Contractor must have a competent person on-site who: (1) is capable of identifying existing asbestos hazards in the workplace, (2) is capable of selecting the appropriate control strategy for asbestos exposure, and (3) has the authority to take prompt corrective action to eliminate them. This person must be trained in accordance with OSHA and EPA. GP-82 FLEXIBLE-PAVEMENT DATE (INCLUDING MATERIALS FOR STABU G) SEC 11ION 911A BASEROCK-1VIATERIAL FOR BASE COURSES ADD SECTION 911 A TO THE 2010 SPECIFICATION 911A-1 General: This Section governs baserock materials to be used on construction of base courses. 911A-2 Furnishing of Material: Except as might be specifically shown otherwise, all baserock material and the sources thereof shall be furnished by the Contractor. Approval of mineral aggregate sources shall be in accordance with 6-3.3. Any baserock material occurring in State furnished borrow areas shall not be used by the Contractor in constructing the base, unless permitted by the plans or the other contract documents. 911A-3 Composition: Baserock materials to be used for base courses and stabilized bases shall be crushed from naturally occurring sedimentary deposits of calcareous rocks. The maximum percentage of water-sensitive clay mineral shall be 3. 911A4 Liquid Limit and Placidity Requirements: The liquid limit shall not exceed 3 5 and the material shall be non-plastic. 911A-5 Mechanical Requirements: Baserock material shall meet the following requirements: 911A-5.1 Deleterious Material: Baserock material shall not contain cherty or other extremely hardieces, or lumps, balls, or pockets of sand or clay size material in sufficient quantity as to be detrimental to the proper bonding of the bituminous prime coat with the base, finishing, or strength of the base, or cause distortion of the base under construction traffic. 911A-5.2 Gradation- Passing 3 1/2 inch sieve........................................... 97% (max. size 6 inches) Passing No. 4 sieve................................................ 70%maximum Passing No. 200 sieve (dry weight)....................... 20% (by washing) All crushing or breaking-up which might be necessary in order to meet such size requirements shall be done before the material is placed on the road. The Structural Layer Coefficient for Baserock Material accepted under this provision shall be 0.18 as determined by FDOT. If the material does not have a record of past performance, the coefficient shall be determined in accordance with FDOT's procedure "Structural Layer Coefficients for Flexible Pavement Materials" (Topic No. 675-000-004-a). The producer shall arrange and be responsible for any costs associated with construction of the full-scaled test road. I GP-83 911 A-6 Limerock Bearing patio (LDR) Requirements: Baserock material use in construction of base courses shall have an average LBR value of not less than 100. The average LBR value of material produced at a particular source shall be determined in accordance with an approved quality control procedure. 911A-7 Method of Measurement. 911A-7.1 General: The Calculation for Baserock to be paid for under this Section shall be the area in square yards of Baserock, completed and accepted with the length to be used in the calculation being the actual length measured along the surface of the base and the width of the wearing surface as called for on the plans even though the base shall extend beyond the limits of the wearing surface, as specified on the Plans. The thickness to be paid shall be as shown on the Typical Section in the plans. 911A-8 Basis of Payment. The quantity of Baserock, determined as provided above, shall be paid for at the contract unit price per square yard for Baserock, completed and accepted which price and payment shall be full compensation for furnishing, hauling and placing all materials, and for correcting all defective surface and deficient thickness. Note:Baserock in this specification denotes any material previously classified by the County as limerock, cemented coquina, or shell rock. i i GP-84 SBE BID DOCUMENT LANGUAGE PREFACE Item 1 —Policy It is the policy of the Board of County Commissioners of Palm Beaeh County. Florida, that SBE(s) have the maximum practical opportunity to participate in the competitive process of supplying goods, services and construction to the County. To that end_ the Board of County Commissioners adopted a Small Business Ordinance which is codified in Sections 2-80,21 through 2-80.34 (as amended) of the Palm Beach County Code, which sets forth the County's requirements for the SBE program. and is incorporated in this solicitation. Compliance with the requirements contained in this section shall result in a bidder being deemed responsive to SBE requirements. The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict. Although preferences will not be extended to certified M/WBEs, unless otherwise provided by law. businesses eligible for certification as an M/WBE are encouraged to maintain their certification in order to assist in the tracking of M/WBE availability and awards of contracts to M/WBEs. This information is vital to determining whether race and gender neutral programs assist 1VUWBE firms or whether race and gender preferences are necessary in order to address any continued discrimination in the market. Item 2 - SBE [foals The County has established a minimum goal of 15% SBE participation for all County solicitations, inclusive of all alternates and change orders. This goal is a minimum, and no rounding will be accepted. item 3 - Ranking ©f Responsi-ve Bidders Bidders who meet the SBE goal will be deemed to be responsive to the SBE requirement. a. In evaluating competitive bids or quotes between one-thousand dollars ($1 .000) and one million dollars ($1,000,000) where the low bidder is non-responsive to the SBE requirement, the contract shall be awarded to the low bidder responsive to the SBE requirement as long as the bid does not exceed the low bid amount by 10%, or b. In the event there are no bidders responsive to the SBE goal, the contract shall be awarded to the bidder with the greatest SBE participation in excess of seven percent (7%) participation, provided that such bid does not exceed the lowest responsive bid by more than ten percent(10%). C. In evaluating bids in excess of one million dollars ($1 000,000), the contract shall be awarded to the low bidder responsive to the SBE requirements provided that such bid does not exceed the lowest responsive bid by more than one hundred thousand dollars ($100 .000) plus three percent (3%} of the total bid in excess of one million dollars ($1 .Q00.000); d. In the event there are no bidders responsive to the SBE goal,the contract shall be awarded to the bidder with the greatest SBE participation in excess of seven percent (7%) participation, provided that such bid does not exceed the lowest responsive bid by more { than one hundred thousand dollars ($100,000) plus three percent (3%) of the total bid in excess of one million dollars ($1 ,000.000). This section applies only when price is the determining factor. SBE-1 SBE BID DOCUMENT LANGUAGE PREFACE Itern -1 - Bid Submission Documentation: SBE bidders, bidding as prime contractors. are aJvised that they must complete Schedule l listing the work to be performed by their own workforce as well as the work to be performed by any SBE or Nl/WBE; subcontractor. Failure to include this information on Schedule 1 will result in the participation by the SBE prime bidder's own workforce NOT being counted towards meeting the SBE goal. This requirement applies even if the SBE contractor intends to perform 1001/0 of the work with their own workforce. Bidders are required to submit with their bid the appropriate SBE-M/WBE schedules in order to be deemed responsive to the SBE requirenhcnts. SBE-M./WBE documentation to be submitted is as follows: Schedule I - List of Proposed SBE and N41WBE Participation: i This list shall contain the names of all SBE and M/WBE prime and subcontractors intended to be used in performance of the contract, if awarded. This schedule shall also be used if an SBE primebidder is utilizing ANY subcontractors. (Only Job Order ContractintZ (JOC) contracts, Task Authorizations, and Wort; Orders for annual contracts may be excluded from this re uirernent. Schedule(s) 2 — Letter(s) of Intent to Perform as an SBE or MIWBE Subcontractor: A Schedule `' for each SBE and/or M/WBE Subcontractor listed on Schedule 1 shall be completed and { signed by the proposed SBE and/or M/WBE Subcontractor. Subcontractors shall specify the type of work to be performed; the cost: or percentage shall also be specified. Additional sheets may be used as needed. /tern 5 - SBE Certification: Only those lirms certified by Palm Beach County at the time of bid opening shall be coL€nted toward the established SBE goals. Upon receipt of a complete application, IT TAKES UP TO NINETY (90) BUSINESS DAYS TO BECOME CERTIFIED AS AN SIDE WITH PALM BEACRD COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed SBE; therefore, it is recommended that bidders visit the on-line Vendor Directory at wvvw.pbcgov.org/osba to verify SBE certification status. Item 6 - Counting,SBE Participation and NI/WBE Participation for Tracking Purposes): a. Once a firm is determined to be an eligible SBE according to the Palm Beach County certification procedures. the Prime may count toward its SBE goals only that portion of the total dollar value of a contract performed by the SBE. Prior to issue, total dollar value of a contract will be determined by the PBC user department by defining factors to be considered as value. Total dollar value of retail contracts shall be determined by Gross Receipts. i SBE-2 J SBE BID DOCUMENT LANGUAGE PREFACE The Prime may count toward its SBE goal a portion of the total dollar value of a contract with a joint venture, eligible tinder the standards for certification, equal to the percentage of the o,,vnership and control of the SBE partner ire the joint venture. b, The Prime may count toward. its SBE goal the entire expenditures for materials and e quipment purchased by are SBE subcontractor, provided that the SBE subcontractor has the responsibility for the installation of the purchased materials and equipment. C, The Priine may count the entire expenditure to an SBE manufacturer (i.e., a s€tpplier!clistril�tttor that produces goods from.raw materials or substantially alters the goods before resale). d. The Prime may count sixty percent (bV'0) of its expenditure to SBE suppliers/distributors that are not manufacturers. C, The Prime may count toward its SBE goal second and third tiered SBE subcontractor's; provided that the Prime submits a completed Schedule ? Dorm for each SBE. subcontractor. f f. The Prime may only count towards its SBE goal the goods and services in which the SBE is certified. Item 7 - Responsibilities After Contract Award Sebedule 3 - SBE-MIWBE Activity Form: This form shall be submitted by the Prime contractor with each invoice, or payment application when SBE and/or lVl/WBE subcontractors are utilized in the performance of the contract. This form shall contain the names of all SBE and MIWBE subcontractors specify the subcontracted dollar amount for each subcontractor, approved change orders, revised SBE contract amount; amount drawn this period; pp � amount drawn to date; and payments to date issued to SBE subcontractors with their starting date. This form is intended to be utilized on all non-professional services contracts. Schedule 3(A) - Professional: Services Activity Report: This form shall be submitted by the Prime consultants with each invoice, or payment application when SBE and/or M/WBE sub-consultants are utilized in the performance of the contract. This form shall contain the names of all SBE and 1Vl/WBE sub-consultants, specify the subcontracted dollar amount for each sub consultant and show amount drawn and payments to date issued to sub-consultants. This fowl is intended to be utilized on all professional services contracts. Schedule 4 - SBE-M1WBE Payment Certification: A schedule 4 for each SBE and/or IM/WBE sub shall be completed and signed by the proposed SBE and/or M/WBEs alter receipt of payment from the prime. When applicable, the prune shall submit this form with each application submitted to the county for payment to document payment issued to a sub in the performance of the contract. SBE-3 SBE BID DOCUMENT LANGUAGE PREFACE All contractors hereby assure that they will meet the SBE participation percentages submitted in their respective bids N ith the sLibcontractors contained on Schedules 1 and 2 and at the dollar value and/or percentage specified. Contractors agree to provide any additional information requested by the County to substantiate participation. The successful contractor sliall submit an SBE-M/WBE Activity Form (Schedule 3) and SBE-M/WBE Payment Certification Forms (Schedule ) with each payment application. f=ailure to provide these forms may result in a delay in processing payment or disapproval of the invoice until they are submitted. The SBE M/V'BE: Activity Dorm is to be filled out by the Prime Contractor and the SBE-]vl/i1vBE Payment Certification Forms are to be executed by the SBE or M/WBE firm to verify receipt of payment. Item 8 - SBE Substitutions or Modifications: After contract award, the Prince will only be permitted to replace a certified SBE subcontractor who is unwilling or unable to perform. Such substitution must be done with other certified SBE's in order to maintain the SBE percentages submitted with the bid. Requests fir substitutions oust be submitted t4 the user Department and OSBA for approval. Upon receiving approval of substitution for the SBE; subcontractor, the Prime must satbtait a completed and signed Schedule 2 by the proposed SBE subcontractor. Subcontractors shall specify the type of work to be performs d, the cost or percentage shall also be specified. if the Corinty's issuance of an alternate or change orders on a project results in changes in the scope of work to be performed by SBE's subcontractor listed at bid opening, the Prime must submit a modified completed and signed Schedule 2 that specifies the revised scope of work to be performed by the SBE, along with the price and/or percentage. i i SSE-4 CZ ti CZ UJ CL 11 0 11 C3 71 a VII Eic <I 0. z L4 4 U OSBA SCHEDU LL 2 LETTER OF INTENT TO PERFORM AS AN SSE-M/WBE SUBCONTRACTOR This document must be completed by the SBE-i4i/Vl3E Subcontractor and submitted with bid packet. Specify in detail, the particular work items to be performed and the dollar amount and/or percentage for each work item. SBE credit will only be given for items which the SBE- NUWBE Subcontractor is SBE certified to perform.Failure to properly complete Schedule Z may result in your SBE participation not being counted. PROJECT NUMBER: PROJECT NAME: ra?(•' " _- TO: � ' n AL!j (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a-(check one or more,as applicable): Small Business Enterprise Minority Business Enterprise ' /f Black Hispanic Women V Caucasian Other(Please Specify) Date of Palm Beach County Certification; The undersigned is prepared to perform the following described work in connection with the above project. Additional Sheets May Be Used As Necessary Lime Item/ Total Price/ Lot No. Item Description Qty/Units Unit Price Percentage ty 3 -,(the Following price or percentage 1 (Subcontractor's quo(e) and will enter into a formal agreement for work with you conditioned upon your execution of a contract with Palm Beach County. If undersigned intends to subcontract any portion of this job to a certified SBE or a non-SHE subcontractor, please list the name of the subcontractor and the amount below. Price and/or Percentage 1 (Name of Subcontractor) The Prime affirms that it will monitor the SBE's listed to ensure the SBE's perform the work with its own forces. The undersigned subcontractor affirms that it has the resources necessary to perform the work listed without subcontracting to non-certified SBE or any other certified SBE subcontractors except as noted above. The undersigned subcontractor understands that the provision of this form to Prime Bidder does not prevent Subcontractor from providing quotations to other bidders. 3 h Print name of Prime Contractor Print name of SBE-NI/WBE Subcontractor $A�1 Signature Signature °�.,F�� 1 �f _i-. p F W.�.J'(.-'.+1.5�1.+�, • N _fi f •d .19 ' gl�d�7 j1✓] q l/,�-.�. Print name/title of person executing on behalf Print name/title of person executing on behalf Prime Contractor of SBE/M/WBE Subcontractor Revised 10/11/2011 gate: 'r SBE-6 i a O O L ti �, � � l�q � O C V U T� � d E'• � � V ® C6 cU ✓ a? b i u ® ey ❑ � �+ o d � � � � �� o c x U cd ci 0 5 C tA V Q. p � ® CcA t�,- C44� L rift A to 41 � 44)m •� n N O N I O PROPOSAL FORM (COMPANY NAME) (COMPANY ADDRESS) (COMPANY CITY & STATE) (COMPANY ZIP CODE) eI PHONE NUMBER I FACSIMILENUMBER EMAIL ADDRESS FEDERAL TAX I.D. 4 DATE SUBMITTED FOR THE CONSTRUCTION OF: ANNUAL GUARDRAIL CONTRACT PALM BEACH COUNTY PROJECT NO. 2014051 TO THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY,FLORIDA: We., the undersigned, hereby declare that no person or persons, firm or corporation, other than the undersigned, are interested in this proposal as principals, and that this proposal is made without collusion with any person, firm, or corporation, and are not on the Scrutinized Companies List as stated on page SC-1, and we have carefully and to our full satisfaction examined the Contract Documents, and that we have made a full examination of the location of the proposed work and the source of supply of materials, and we hereby agree to furnish and pay for all necessary labor, equipment, materials and services, fully understanding that the quantities shown herein are approximate only and that we fully complete all necessary work in accordance with the Contract Documents and the requirements under them of the Engineer., within the time limit specified in this proposal for the following,unit prices, to wit: P-1 F.IROADWAYiPP.OQ0 1 4120 1 405 111_Bid Documents',Web Page Documents-l2 Pay ltems'2014051 Annual Guardrail Contract Pay Items Issued 05102013 PROJECT NAME: ANNUAL,GUARDf2AiL CONTRACT PROJECT NUMBER: 2014051 PROPOSAL ITEM QUANTITY UNITS UNIT PRIICF TOTAL ALL ITEM!PRICES COUNTYWIDE UNLESS NOTED OTHERWISE 1 REMOVAL&DISPOSAL OF"OLD"GUARDRAIL 9006 LF 2 REMOVAL&DISPOSAL"OLD"GUARDRAIL,VV/CONCRETE POSTS 20 LF 3 REMOVAL&DISPOSAL OF ANCHORAGE ASSEMBLIES 75 EA 4 REMOVAL&DISPOSAL OF SAFETY PIPE RAIL —------------- 350 LF J50 5 REMOVE AND DELIVER USED GUARDRAIL TO ROAD&BRIDGE WAREHOUSE 75 LF 6 IN5TALLATiON OF USED GUARDRAIL 25 LF r _ 7 RESET GUARDRAIL 12500 LF r `y j, o n^ i 8 SURCHARGE TO RESET GUARDRAIL POST ON BASE PLATE 5 EA r'J f;L V � 9 RAISE AND RESET EXISTING GUARDRAIL(POSTS AND PANELS) 25 LF 0 . 10 RESET ANCHORAGE ASSEMBLY,TYPE ET 2000 2 EA jT"y-; FURNISH AND INSTALL, COMPLETE (SEE MOTE 5) •�* �- 11 ANCHORAGE ASSEMBLY,TYPE II,CABLE ANCHOR OPTION 2 EA rt q 1 12 ANCHORAGE ASSEMBLY,TYPE MELT 7 EA , tl t, r f L. 6C, 13 ANCHORAGE ASSEMBLY,TYPE LET --8 EA L,t 14 ANCHORAGE ASSEMBLY,TYPE ET-2000 3 EA r.-C-'ti ,,';' d �y 15 ANCHORAGE ASSEMBLY,TYPE SRT-350 5 EA 11 ri" .�;?' 16 ANCHOR PANEL,FOR TYPE 4 p2EA 17 ANCHOR PANEL,FOR TYPE MELT 1'V'l 1--0 18 ANCHOR PANEL,FOR TYPE LET r_�-(' ) fry;1,"r Lv:19 ANCHOR PANEL,FOR TYPE ET-2000 20 TYPE MELT BUFFERED END(WIDIAPHRAGMS) 21 CABLE VV/HARDWARE,FOR TYPE MELT 3 EA r `1 !. 22 TYPE ET-2000 EXTRUDER HEAD 8 EA 23 SHORT POST IN SLEEVE FOR TYPES ET-2000 AND MELT 15 Eq � A+(} 24 BLOCK,CONCRETE,SPECIAL,AT BRIDGE 2 EA 25 BLOCK,OFFSET UTILITY(DOUBLE BLOCKING) 5 EA ) 26 BLOCK,WOOD,WIHARDWARE 200 EA J r j,r ;i �t ''e ' � 27 BLOCK,RECYCLEID PLASTIC W/GUARD RAIL BOLT 70 )=A -_ ;,Z � 1�- 4 , 28 END SECTION,BUFFER 3 EAk :' 29 END SECTION,FLARED 10 EA ' 30 END SECTION,ROUNDED rl 40 EA %'f jr 1 31 END SHOE,SPECIAL(BRIDGE ATTACHMENT PIECE) 4 EA 32 DRILL HOLES FOR END SHOE ATTACHMENT 100 EA 6; 33 GUARDRAIL,STEEL BEAM,DOUBLE FACE 25 LF 34 GUARDRAIL,STEEL BEAM,STRAIGHT PANEL ONLY(NO POST OR HARDWARE) 2250 LF 35 GUARDRAIL,STEEL BEAM,SHOP BENT PANEL ONLY(NO POST OR HARDWARE) 200 LF 36 GUARDRAIL,STEEL BEAM,STRAIGHT,JOBS UP THROUGH 37'6" 1250 LF j 1 - ', .;7v-) y ' 37 GUARDRAIL,STEEL BEAM,STRAIGHT,JOBS OF 37'7"-62'6" 800 LFj 17 38 JGUARDRAIL,STEEL BEAM,STRAIGHT,JOBS OF 62'7'-100'0" 550 LF : 39 GUARDRAIL,STEEL BEAM,STRAIGHT,JOBS OF 100'1"-500'0" 650 LF 40 GUARDRAIL,STEEL BEAM,STRAIGHT,JOBS OVER 500' 2000 LF "�`> c�� 41 GUARDRAIL,STEEL BEAM,STRAIGHT,W19'POSTS 42 GUARDRAIL,STEEL BEAM,SHOP BENT,JOBS UP THROUGH 37'6" 350 LF j, Ci,/;� =3 GUARDRAIL.STEEL BEAM-SWOP BENT,JOBS�OF;7'7"-62'6" '150 LF 44 GUARDRAIL,STEEL BEAM,SHOP BENT,JOBS OF 62'7"-100'0" 125 LF 45 GUARDRAIL,STEEL BEAM,SHOP BENT,JOBS OF 100'1"-500'0" 112.5 LP _ �� _fy 46 GUARDRA€L,STEEL BEAM,SHOP BENT,Wl9'POSTS 25 LF {' ,?� •,i, 47 5 DEGREE RADIUS SHOP BENT GUARDRAIL(6-114') 31,25 LF 48 TRANSITION PANEL,QUAD BEAM TO VV BEAM,NARROW 2 EA 49 TRANSITION PANEL,QUAD BEAM TO W BEAM,MEDIUM 21 EA Ci' 50 TRANSITION PANEL,QUAD BEAM TO W BEAM,WIDE 2 EA 51 POSY,GUARDRAIL,STEEL,STANDARD 70 EA ^ , 52 POST,GUARDRAIL,STEEL,9' 3 EA 53 POST,GUARDRAIL,WOOD(TREATED TIMBER),STANDARD 18 EA 54 POST,GUARDRAIL,ENCASED,STEEL 3 EA _ f; P-2 F:IROADtiWAY,PR(j"20 AQ014051"1_Eid Doc umPntslWeb Page DocumentsQ Pay Items12014C51 &IlnU2l Guardrail Contract Pay Items Issued 05102013 PROJECT NAME: ANNUAL GUARDRAIL CONTRACT PROJECT NUMBER: 2014051 PROPOSAL ITEM QUANTITY UNITS UNIT PRICE TOTAL 55 POST,GUAP.DPAIL,ENCASED,WOOD 3 EA 56 POST,GUARDRAIL,STEEL,SPECIAL,WIPLATE 5 EA 57 POST,GUARDRAIL,CRT 15 EA ,l , f ;f, _.cc-" 58 RAIL,SAFETY PIPE,SPECIAL 225 LF 59 ROUND-OFF TOP OF WOODEN GUARDRAIL POST AND BLOCK(ALL SIDES) 25 EA �. ('?^ °° j 60 CONTROLLED RELEASE TERMINAL,8'RADIUS 2 EA 61 CONTROLLED RELEASE TERMINAL,16'RADIUS 1 EA 62 CONTROLLED RELEASE TERMINAL,24'RADIUS 2 EA e r—�e, cy- 63 CONTROLLED RELEASE TERMINAL,32'RADIUS 2 EA'. THRIE BEAM 64 THRIE BEAM TERMINAL CONNECTOR gZf 65 THRIE BEAM BRIDGE CONNECTOR COMPLETE(DETAIL J) 8 EA "`I-' 66 12"x 12"x 114"BACKUP PLATE 2 (''Z•' N ; } 67 8"x 8"x5/8"FILLER PLATE 5 EA C� 68 21"x 21"x 518"BACK UP PLATE 5 EA .' { >, 69 THRIE BEAM,STRAIGHT PANEL COMPLETE(W/POST,BLOCK&HARDWARE) 20 LF 70 THRIE BEAM,SHOP BENT PANEL COMPLETE(WI POST,BLOCK&HARDWARE) B5 LF 71 THRIE BEAM,STRAIGHT PANEL(PANEL ONLY) 125 LF 4 ,,x K x.;PI s{] 72 THRIE BEAM,SHOP BENT PANEL(PANEL ONLY) 5 LF 73 6'-3"TRANSITION PANEL THRIE BEAM TO W-BEAM 6 EA i'}t !}? ) !�'- r, -i,•. 74 THRIE BEAM OFFSET BLOCK 4 EA G-R-E-A-T SYSTEM-ADDITIONAL PARTS 75 G-R-E-A-T SYSTEM FENDER PANEL 2 EA 4 '1I LJ 3•r;,£% 76 G-R-E-A-T SYSTEM TYPE 51 HEX-FOAM CARTRIDGE 2 EA ?r.`t'1 i'4 CIO , Lip 77 GR-E-A-T SYSTEM DIAPHRAGM 24" 2 EA 1i;0-i. � = ) 78 G-R-E-A-T SYSTEM DIAP}fRAGM 30" 2 EA )f.0, e-i") 79 G-R-E- - A TSYSTEM DIAPHRAGM 36" 2 EA 80 G-R-E-A-T SYSTEM NOSE ASSEMBLY 2 EA 81 G-R-E-A-T SYSTEM CONCRETE BACKUP WALL ASSEMBLY 2 Eq ,»°< 82 G-R-E-A-T SYSTEM DEFLECTOR ASSEMBLY FOR BIDIRECTIONAL SYSTEM 2 EA 83 G-R-E-A-T SYSTEM TENSION STRUT BACKUP WALL ASSEMBLY 2 EA 84 G-R-E-A-T SYSTEM WIDE FLANGE BACKUP WALL ASSEMBLY w+ 2 EA 65 G-R-E-A-T SYSTEM CONCRETE BARRIER WALL BACKUP ASSEMBLY 2 EA () Cl ,i, CC QUADGUARD ENERGY ABSORBING SYSTEM w.+-..* .++— +,",+k*.+,.++w. 86 IQUADGUARD ENERGY ABSORBING SYS.,(3 BAY)(ALL WIDTHS)(INCLUDES 1 EA ° r;iEco r 87 QUADGUARD ENERGY ABSORBING SYS.,ADDITIONAL BAY(ALL WIDTHS) 2 EA I; , QUADGUARD ENERGY ABSORBING SYSTEM-BAY REPLACEMENT PARTS *•*'** ** ww« +**+++++ + ..+.+*...++w<.w 88 QUADGUARD ENERGY ABSORBiNG SYS.,ADDITIONAL CARTRIDGES(TYPE 1) 2 EA ),' (; '711, 89 QUADGUARD ENERGY ABSORBING SYS.,ADDITIONAL CARTRIDGES(TYPE fl) 1 EA 90 QUADGUARD ENERGY ABSORBING SYS.,BACKUP ASSY.,CONCRETE 24" 2 EA C' •, 91 QUADGUARD ENERGY ABSORBING SYS-,BACKUP ASSY„TENSION STRUT 24" 21 EA QUADGUARD ENERGY ABSORBING SYSTEM-PARTS FOR REPAIR OF DAMAGED QUADGUARD 92 QUADGUARD ENERGY ABSORBING SYS.,NOSE ASSEMBLY,24"!30"136" 1 EA 93 QUADGUARD ENERGY ABSORBING SYS.,DIAPHRAGM 24" 2 EA -c 94 QUADGUARD ENERGY ABSORBING SYS-,DIAPHRAGM 30" 2 EA »� .I. .;,- 95 QU.4DGtJARD ENERGY ABSORBING SYS..FENDER PANEL ASSEMBLY,24'73011!m" 2 EA 95 QUADGUARD ELITE SYSTEM e BAY REPLACEMENT PARTS 96 QUADGUARD ELITE FENDER PANEL 2 EA 97 QUADGUARD ELITE DAPHRAGM ASSEMBLY 2 EA t�:;?. 98 QUADGUARD ELITE NOSE BELT ASSEMBLY 1 IA 99 QUADGUARD ELITE CYLINDER CARTRIDGE 2 EA FURNISH ONLY, DELIVERED (SEE NOTE 6) 100 ANCHORAGE ASSEMBLY,TYPE LET 2 EA 101 ANCHORAGE ASSEMBLY,TYPE ET-2000 2 EA '1i'i i =,,'` V, . 102 TYPE MELT BUFFERED END(WIDIAPHRAGMS) 3 EA t .%P' - I` s 103 CABLE WIHARDWARE,FOR TYPE MELT 5 EA ) .. ;,fs `; .{•r:; 104 TYPE ET-2000 EXTRUDER HEAD 2 EA x f;'(: . '• f,l �� {.^,� P-3 F:1ROA.DWAY,PPO'.20141201405111—Bid Docurnents\.VVeb Page Documents2 Pay Items�2014051 f.nnuai Guardrail Contract Pay Items issued 051020•'.3 PROJECT NAME: ANNUAL GUARDRAIL CONTRACT PROJECT NUMBER: 2014051 PROPOSAL ITEM QUANTITY UNITS UNIT PRICE TOTAL 105 SHORT POST IN SLEEVE FOR TYPES ET-2000 AND MELT 3 EA 106 BLOCK,WOOD,WIHARDWARE 18 EA e.±? Y4 3o ,,�� 107 BLOCK,RECYCLED PLASTIC r EA 108 END SECTION,BUFFER 5 EA 109 END SECTION,FLARED 5 EA 110 END SECTION,ROUNDED 2 EA '`� y' 111 END SHOE,SPECIAL(BRIDGE ATTACHMENT PIECE) 5 EA I /, 112 GUARDRAIL,STEEL BEAM,STRAIGHT, INCL./HARDWARE 25 LF 113 GUARDRAIL,STEEL BEAM,SHOP BENT,iNCL.IHARDWARE 25 LF e F .a. t i - t) j 114 5 DEGREE RADIUS SHOP BENT GUARDRAIL(6-114') 25 LF 115 TRANSITION PANEL,QUAD BEAM TO W BEAM,NARROW 2 EA 116 TRANSITION PANEL,QUAD BEAM TO W BEAM,MEDIUM 2 EA 117 TRANSITION PANEL,QUAD BEAM TO VV BEAM,WIDE 2 EA 118 POST,GUARDRAIL,STEEL,STANDARD 5 EAj ,f?i 119 POST,GUARDRAIL,STEEL,9' 5 EA 120 POST,GUARDRAIL,CRT .. 5 EA 121 POST,GUARDRAIL,WOOD(TREATED TIMBER),STANDARD 5 Eq ,t1�1c ;{_, 122 POST,GUARDRAIL,STEEL,SPECIAL,VV/PLATE 3 EA 123 SAFETY PIPE RAIL,W/HARDWARE 25 LF - 124 SAFETY PIPE RAIL END FIXTURE,WlHARDWARE 5 EA r%r; eZ 925 SAFETY PIPE RAIL ANGLE BRACKETS,WlHARDWARE 5 EA 126 518"MODIFIED HEX NUT(RECESSED NUT) 25 EA 127 5/8"OVAL SHOULDER BUTTON HEAD BOLT(1-114") 25 EA 128 518"OVAL SHOULDER BUTTON HEAD BOLT(10") 10 EA 129 518"OVAL SHOULDER BUTTON HEAD BOLT 18" _ 12D 518"OVAL SHOULDER BUTTON HEAD BOLT(25") 10 EA V; 131 7/8"BRIDGE ATTACHMENT BOi.T(12") 101 EA 132 718"BRIDGE ATTACHMENT BOLT(14") 10 EA y 133 718"BRIDGE ATTACHMENT BOLT(16") 8 Eft 134 718"BRIDGE ATTACHMENT BOLT(18"} 10 EA 135 7/8"BRIDGE ATTACHMENT BOLT(20") 5 EA 135 718"BRIDGE ATTACHMENT BOLT(22") 5 EA 137 7/8"BRIDGE ATTACHMENT BOLT(24") 5 EA 138 718"BRIDGE ATTACHMENT NUT 5 EA 139 719"BRIDGE ATTACHMENT WASHER 51 EA 140 7I8"BRIDGE ATTACHMENT BACKING PLATE 51 EA i ^,0 THRIE BEAM 141 RAIL SPLICE,THRIE-BEAM 5 EA ( 142 THRIE BEAM TERMINAL CONNECTOR 3 EA ,',•{, r ,{ ) 143 THRIE BEAM BRIDGE CONNECTOR COMPLETE(DETAIL J) 2 EA 144 12"x 12"x 114"BACK UP PLATE 5 EA 145 8"x 8"x 518"FILLER PLATE-INSTALLED COMPLETE 5 EA 146 21"x 21"x 5/8"BACK UP PLATE-INSTALLED COMPLETE 51 EA c 147 THRIE BEAM,STRAIGHT PANEL COMPLETE(Ih1!POST,BLOCK&HARDWARE) 251 LF -¢ 1 { 148 THRIE BEAM,SHOP BENT PANEL COMPLETE(WI POST,BLOCK&HARDWARE) 25 LF 1 ii' 149 THRIE BEAM,STRAIGHT PANEL(PANEL ONLY) 25 LF 150 THRIE BEAM,SHOP BENT PANEL PANEL ONLY] 25 LF 151 6'-3"TRANSITION PANEL THRIE BEAM TO VV-BEAM 1 EA 152 THRIE BEAM OFFSET BLOCK 5 EA ;7 - t}•? -{; QUADGUARD ENERGY ABSORBING SYSTEM ****•** *_»*•* *..*„****** QUADGUARD ENERGY ABSORBING SYSTEM-BAY REPLACEMENT PARTS •******** **»*** _**•********* •******� ****.*** 153 QUADGUARD ENERGY ABSORBING SYS.,ADt71TIONAL CARTRIDGES(TYPE 1) 2 EA r f ; {;.7 G3 - 154 QUADGUARD ENERGY ABSORBING SYS.,ADDITIONAL CARTRIDGES(TYPE 11) 2 EA r. •;z't 11 155 QUADGUARD ENERGY ABSORBING SYS.,BACKUP ASSY.,GONCRETE 24" 2 EA gQUADGUARD ENERGY ABSORBING SYS.,BACKUP ASSY.,TENSION STRUT 24" 2 EA QUADGUARD ENERGY.ABSOR0 SYS.,NOSE ASSEMBLY,24"130"136" 2 EA P-4 P:,ROADVdAY,PRO'2014`201405117—Bid DrcumentS,Wetl Page Documentsl2 Pay ItemsVr 14051 AnRUai Guardrail Contract Pay Items Issued 05102013 PROJECT NAME: ANNUAL GUARDRAIL CONTRACT PROJECT NUMBER: 2014051 PROPOSAL ITEM QUANTITY UNITS UNIT PRICE TOTAL 158 QUADGUARD ENERGY ABSOP,SING SYS.,DIAPHRAGM 24" 2 EA y`,^; =; ? ; •; 159 QUADGUARD ENERGY ABSORBING SYS,,DIAPHRAGM 30" 21 EA 160 QUADGUARD ENERGY ABSORBING SYS.,DIAPHRAGM,69"190"(20 SIZES) 2 EA ); 161 QUADGUARD ENERGY ABSORBING SYS.,FENDER PANEL ASSEMBLY,69"190" 2 EA QUADGUARD ELITE SYSTEM *****-x* *•*** .* *.<*. ****.* ,* QUADGUARD ELITE SYSTEM-SAY REPLACEMENT PARTS ***** *****•* **+ *-***** •********•****x •** 162 QUADGUARD ELITE FENDER PANEL 2 EA 163 QUADGUARD ELITE DAPHRAGM ASSEMBLY 2 EA 164 QUADGUARD ELITE NOSE BELT ASSEMBLY 2 EA L' r (y 165 QUADGUARD ELITE CYLINDER CARTRIDGE 2 EA '51,10 00 QUADGUARD ELITE SYSTEM-FURNISH AND INSTALL,COMPLETE(SEE NOTE 5) *"***+** * • ******•**• ****_**•***•********* 166 QUADGUARD ELITE SYSTEM(7 BAY)-69"WIDE INCL./ALL HARDWARE 1 EAt •'Y." i,AJ r"+ 157 QUADGUARD ELITE SYSTEM(7 BAY)-90"WIDE INCLJALL HARDWARE 1 EA 168 QUADGUARD ELITE SYSTEM(11 BAY)-69"WIDE INCL.IALL HARDWARE 1 EA 169 QUADGUARD ELITE SYSTEM(11 BAY)-90'WIDE INCLJALL HARDWARE 1 EA CC( ,e, TOTAL BED: NOTES: I. Items 1 through 5, REMOVAL AND DISPOSAL or DELIVERY of Guardrail items,-Disposition of all materials in the field shall be at the discretfon of the Road and Bridge Division or other Palm Beach County representative on-site. 2. Item 8, SURCHARGE TO RESET GUARDRAIL POST ON BASE PLATE-This item is considered an add- on to the per linear foot price for ITEM 7 -RESET GUARDRAIL and shall constitue all additional labor and materials for each post removed and reset on a surface-mounted base plate. 3. Item 9, RAISE AND RESET EXISTING GUARDRAIL(POSTS AND PANELS) shall include all labor, equipment an materials to vertically raise and reset existing guradrail sections to proper height as directed by Palm Beach County. 4. Item 59, ROUND-OFF TOP OF WOODEN GUARDRAIL POST AND BLOCK(ALL SIDES) shall include all labor, router equipment and materials to produce a routed, 314" round over on all top edges and i corners of wooden posts and blocks adjacent to, andlar within 2'of, pedestrian sidewalks and pathways. 5. Items 11 through 99 and 166 through 169, FURNISH AND INSTALL, COMPLETE shall mean complete i installation under any field conditions(in concrete, asphalt, etc.). i 6. Items 100 through 165, FURNISH ONLY, DELIVERED shall include at hardware, etc. required for completed installation of the component parts by the Road and Bridge Division or other Palm Beach County personnel. i P-5 PROJECT NO. 2014051 TOTAL BID IN FIGURES The undersigned acknowledges that Addenda _ thru have been received and that related costs are retlected in the submitted bid. The undersigned further agrees to perform all necessary force account work, as provided for in the General Provisions, and to execute the Contract and return to the County along with a Contract Bond and Certificate of Insurance within fourteen (14) working dm after the date of the "Letter of Intent to Award" and to begin work with an adequate work force and equipment within fourteen (14) calendar days from the date set forth in the "Notice to Proceed" and to fully complete all necessary work under the same. THE TIMELY COMPLETION OF THIS ROADWAY PROJECT IS CRITICAL TO THE HEALTH, SAFETY AND WELFARE OF THE TRAVELING PUBLIC. It is the desire of Palm Beach County to expedite the construction and opening to traffic of the project. The Contractor shall be required to work such hours,weekends and/or holidays to meet the required contract schedules. This contract shall be awarded for twelve (12) months and shall commence with the date when the contract is executed by the Board of County Commissioners. Palm Beach County reserves the right to increase or decrease the total, quantities as necessary to meet actual requirements. y The successful bidder shall fitrnish a surety bond, on the form herein provided, in the amount of$50,000 as security for faithful performance of order(s) awarded as a result of this bid and for the payment of all persons performing labor, and on their fiam3shing material in connection therewith. The undersigned further agrees to bear the full cost of maintaining all work until the final acceptance, as provided in the Contract Documents. Accompanying this Proposal is a Proposal Guaranty made payable to Palm Beach County, a Political Subdivision of the State of Florida, in the sum of 5% of amount bid which is to be forfeited as liquidated damage if, in case this Proposal is accepted, the undersigned should fail to execute the attached Contract under the conditions of this proposal; otherwise, said guaranty is to be returned to the undersigned upon the delivery of a satisfactory bond. Company Name: _ ,; . /'t�'t°'.:.s± tf'= = 11,� rj=, Authorized Officer: _ :! Address: � ( ' � Signature: ., ?! (P ?3)n ;� P-6 PALM BEACH COUNTY ENGINEERNG AND PUBLIC WORKS DEPARTMENT NPDES GENERAL PERMIT FOR STORM WATER DISCHARGES FROM ROADWAY CONSTRUCTION SITES ANNUAL GUARDRAIL CONTRACT PALM BEACH COUNTY PROJECT NO. 2014051 "I certify render penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification." Name of Contracting Firm: By- ref i.� Date: Name and Title: �4—,Y&& - �e 1 Address or P.O. Box: ' City State Zip Code i Telephone: Area Code Number P-7 PALM BEACH COUNTY LOCAL PREFERENCE ORDINANCE In accordance with the Palm Beach County Local Preference Ordinance, a preference will be given to (1) bidders having a permanent place of business in Palm Beach County; (2) bidders having a permanent place of business in the Glades that are able to provide the goods or services within the Glades. 1. Local Preference means that if the lowest responsive, responsible bidder is a non-local business, then all bids received from responsive, responsible local bidders are decreased by 5%. The original bid amount is not changed; the 5% decrease is calculated only for the purposes of determining local preference. 2. Glades Local Preference means that if the lowest responsive, responsible bidder is a non-Glades business, then all bids received from responsive, responsible Glades bidders are decreased by 5%. The original bid amount is not changed, the 5% decrease is calculated only for the purposes of determining local preference. A bidder who is a local business but not a Glades business and who utilizes Glades subcontractor(s) for a minimum of 15% of the total bid price, may receive a local preference of three (3) percent, solely for the purpose of determining bid award. If the Local business utilizes Glades subcontractor(s) for a minimum of 30% of the total bid price, he may receive a local preference of four (4) percent for the purposes of ranking bidders. To receive either a Local Preference or a Glades Local Preference, a bidder must have a permanent place of business in existence prior to the County's issuance of this Invitation for Bid. A Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless specifically exempted by law, and will be used to verify the bidders' permanent place of business. A permanent place of business means that the bidder's headquarters is located in Palm Beach County or in the Glades, as applicable; or the bidder has a permanent office or other site in Palm Beach County or in the Glades, as applicable; where the bidder will produce a substantial portion of the goods or services to be purchased. The bidder must submit the attached Certification of Business Location at the time of bid submission. Failure to submit this information will cause the bidder to not receive a local preference. Palm Beach County may require a bidder to provide additional information for clarification purposes at any time prior to the award of the contract. i In procurements where price is the only factor for selection, the above provisions shall not be applied where the application would result in an award which exceeds the otherwise lowest, responsive bidder by one hundred thousand dollars ($100,000). The local bidder may not receive more than one preference. The Glades Local Preference prevails over the Local Preference and the SBE Preference prevails over both the Local and Glades Local Preferences. LP-1 CERTIFICATION OF BUSINESS LOCATION In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference will be given to: (1) those bidders having a permanent place of business in Palm Beach County (County), and (2) those bidders having a permanent place of business in the Glades providing goods or services to be utilized in the Glades. To receive a local preference, an interested bidder must have a permanent place of business in the County or in the Glades, as applicable, rp for to the County's issuance of an invitation for bid. A Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless specifically exempted by law, and will be used to verify the bidders' permanent place of business. The bidder must submit this Certification of Business Location at the time of bid submission. This Certification of Business location is the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. Please note that in order to receive a local preference, the name and address on the Business Tax Receipt must be the same name and address that is included in the bid or proposal submitted by the bidder to the County. 1. Bidder is a ` Local Business (A local business has a permanent place of business in Palm Beach County'*) (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services to he purchased. Glades Business (a Glades business has a permanent place of business in the Glades**) (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services to be purchased. Regional Business(A regional business is one that has a permanent place of business in Martin, Broward,or Miami Dade County.) **A post office box or location at a postal service center is not acceptable. II. The attached copy of the bidder's Palm Beach County Business Tax Receipt verifies.the bidder's permanent place of business. THIS CERTIFICATION is submitted by (Name of individual) .. ra4 of (Title/Position) (Firm Name of Bidder/Proposer) who hereby certifies that the information stated above is true and correct, and that the bidder has a permanent place of business in Palm Beach County. Further it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions at future County business with the bidder.' (PZ/ Signature Date LP-2 i i i CIDNSTI TUVEa'OA&TAX rom ECTOR P.O.Box 3353,West Palm Beach,FL 33402-3353 -LOCATED AT** I S rart.3 �3„ �,F r r rrt www.taxccliectorpbc.com Tel:(561)355-2272 7730 HOOFER RD WEST PALM BEACH, FL 33411- 383'1 TYPE OF BUS€NESS OWNER CERTIFICATION# RECEIPT#!DATE PAID AMT PAID 56-0001 ADMINISTRATIVE OFFICE RICCI DEBRA U12,716457-09/21112 $99.00 240091959 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 20/2/2013 LOCAL BUSINESS TAX RECEIPT SOUTHEASTATTENUATORS INC LBTR Number: 201103773 SOUTHEASTATTENUATORS INC EXPIRES: SEPTEMBER 30. 2013 7760 HOOPER RD This receipt does not constitute a franchise, WEST PALM BEACH, FL 33411-3831 agreement,permission of authority to perform the f9 s r r 1[I r l ll r l l n l r i i l r u l n l r,r r{I services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. i i I i i I PA LM EAC H COUNTY DIVING WAGE ORDINANCE (PBC Ordinance No. 2003-004, as amended by PBC Ordinance No. 2004-002)(a.k.a., Palm Beach County Living Wage Ordinance, hereinafter Ordinance) Implementation: This information shall serve to notify the Contractor of the Ordinance's implementation requirements as referenced in Section 4 of the Ordinance, as stated below and on the LW pages of this specification. A copy of the Ordinance is available for pickup at the Engineering & Public Works Department (Roadway Production Division). The costs for implementing these requirements shall be incidental to the cost of the project. Procurement Specifications: The Ordinance states that the living wage requirement shall be included in the procurement specifications for all county construction contracts that have a total contract value exceeding $100,000, and that is not subject to the Davis-Bacon Act or any related act or acts, as amended, that require the payment of Davis-Bacon Act wage rates. The Ordinance also requires that the prospective non-county employer agree to produce, upon the request of the Construction Coordination Division, or as otherwise provided by the County Administrator through countywide policy, all documents and payroll records required under this Ordinance. Maintenance of payroll records: Each non.-county employer shall maintain payroll records and basic records relating thereto for each employee, and shall preserve them for a period of three (3) years. The records shall contain: (1) Each employee's name and address; (2) Each employee's job title and classification; (3) The number of hours worked each day by each employee; (4) The gross wages and deductions made for each employee; and (5) Annual wages paid to each employee. Reporting payroll: Every six (6) months the non-county employer shall certify and file with the Construction Coordination Division if the non-county employer is a general contractor, or with the general contractor if the non-county employer is a subcontractor, certification that all non-county employees who worked on each construction contract during the preceding six (6) month period were paid the living wage in compliance with this Ordinance. Upon. the County's request, the non-county employer shall produce for inspection and copying the payroll records for any or all of its employees for the prior three (3) year period. LW-1 LIVING WAGE CERTIFICATION Project- -/ Contractor Name: x Contact Person: Contractor Address: Contractor Phone: Amount of Contract: Please include the following with the bid submission: 1. Brief description of the service provided under the construction contract. 2. A statement of wage levels for prospective non-county employees. A commitment to pay each non-county employee the Living wage, as adjusted, in accordance with the Palm Beach County Living Wage Ordinance. According to Section 31(B)(2), of the Palm Beach County Living Wage Ordinance, the living wage must be adjusted annually for inflation, and this adjustment must take effect each October I". (See Palm Beach County Code Section 2-149(b)(2).) The living wage for October 1,2010, through September 30, 2013 is 511.401hour. The contractor/subcontractor(s) shall post a copy of the following Notice to Employees (LW-3) at the work site in a prominent place where it can easily be seen by the employees, or provide a copy with the employee's first paycheck and at least every six (6)months thereafter. The undersigned hereby certifies that the above and attached information is true and correct. IN WITNESS THEREOF, the undersigned has set his hand and affixed the Corporate Seal this day of 20 (Authorized Signature) (Corporate Seal) 12 0 N (Print name and title) LW-2 Notice and posting. Non-county employers shall post a copy of the follo-wing statement at the 1vork site in a prominent place whore it can easily be seen by the employees: "NOTICE TO DMPLOYEES: If you are employed to provide certain services to Palm Beach County, your employer may be required by Palm Beach County law to pay you at least $11.40 per hour. If you are not paid this hourly rate, contact your supervisor or a lawyer." The following statement shall be printed in English, Spanish, and Creole, and shall be printed with black lettering on letter-size, white paper using a Times New Roman 14-point font, Courier New 14-point font. or Axial 14-point font. Posting requirement will not be required if the non-coLmty employer attaches a copy of the following statement to the employee's first paycheck, and to subsequent paychecks at least every six (5) months thereafter. Nan-county employers shall supply a copy of the following statement to any employee upon request within a reasonable time. Non-county employers shall forward a copy of the requirements of this ordinance to any person or business submitting a bill for a subcontract on anv contract covered by this ordinance. This notice is provided pursuant to the Palm Beach County Laving Wage Ordinance, Section 3 (E), (as amended through January 2004), and reflects the adjusted living wage effective October 1, 2010, through September 30, 2013. NOTICE TO EMPLOYEES (ENGLISH): If If you are employed to provide certain services to Palm Beach County, your employer may be required by Palm Beach County law to pay you at least 511.=10 per hour. If you are not paid this hourly rate, contact your supervisor or Palau Beach County. NOTIFIOACI®N A PATRONIES JESPAI_iOL): Si usted tiene un empleo por el cual provee ciertos servicios al Condado de Palm Beach, el Condado de Palm .Beach puede requerir de su patron que le pague a usted por to menos $11.44 por hora. Si a wasted no se le paga esta cantidad por hora, p6ngase en contacto con su supervisor o el Condado de Palm Beach. ANTI POU ENPLWAYE-YO (CREOLE): Si ke ou enplwaye you bay kek sevis you Kornin-n Palm Beach-la, Dapre la Lwa, Bos travay-la sipoze peye-w o mwen $11.40 pa le. Si yo pa peye-w vale sa-a, se you-w kontakte sipevize-w Ia o byen Komin-n Palm Beach-la. i (Authorized Signature) (Print name and title) LW-3 CERTIFICATION OF COMPLIANCE WITH THE LIVING WAGE ORDINANCE The Ordinance states: 'Every six (6) months the non-county employer shall certify and file with the Construction Coordination Division if the non-county employer is a ;eneral contractor. or with the general contractor if the non-county employer is a subcontractor, certification that all non-county employees who worked on each construction contract during the preceding six (6) -month period were paid the living wage in compliance with this Ordinance. Upon the County's request, the non-county employer shall produce for inspection and copying the payroll records for any or all of its employees for the prior three (3) year period_" The County now further requires that the Contractor submit this certification statement with each pay application, including the final, on company letterhead. The undersigned authorized person hereby certifies that the above requirements are adhered to and that payroll records are being maintained in accordance with the requirements of LW-1 "Maintenance of Payroll Records". Date Company Name (Print) Lei. �C`c Authorized Officer: Name/ Title (Print) Signature i Form PBC-August 2006 LW-4 SCRUTINIZED COMPANIES Section 387.135, Florida Statutes prohibits agencies from contracting with companies For goods or services of $1 million or more. that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with activities in the Iran Petroleum Engergy Sector List; created pursuant to Section 215.473, Florida Statutes. A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energey Sector list may not bid on, submit a proposal for, or enter into a contract with an agency or local goverm-rent entity for goods or services of$1 million or more. The undersigned authorized person hereby has read and certifies that the above is adhered to. -, Date Company Name (Print) r�= Authorized Officer: Name/ Title (Print) Signature r 1 1 i SC-I STATE OF FLORIDA ) SS COUNTY OF PALIM BEACH) SOUTHEAST ATTENUATORS,INC.,7760 HOOPER RD.,W.PALM BEACH, KNOW ALL MEN BY THESE PRESENTS: That we,FL 33411 hereinafter called "Principal"), TRAVELERS CASUALTY&SURETY COMPANY aard OF AMERICA as Surety(hereinafter called"Surety") are held and firmly bound unto Palm Beach County, a Political Subdivision of the State of Florida, (hereinafter called "County") in the amount of Five (S% percent of bid, lawful money of,the United States of America, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly by these presents; WHEREAS, the "Principal" contemplates submitting or has submitted a bid to the Board of County Commissioners, Palm Beach County, Florida, for furnishing and paying for all necessary labor materials, equipment, machinery, tools, apparatus, services, all state workmen's compensation and unemployment compensation taxes incurred in the performance of the Contract, means of transportation for and complete Construction of- -A NL AL GUARDRAIL, CONTRACT, PROJECT NO. 2014051, in the County of Palm Beach, State of Florida;and WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check or bid bond in the amount of five percent (5%) of the total bid be submitted with said bid as a guarantee that the bidder would,if given letter of Intent to Award the Contract, enter into a written contract with Palm Beach County, a Political Subdivision of the State of Florida, and furnish a contract bond in an amount equal to one hundred per cent (100%) of the total contract, within fourteen (14) consecutive working days alter written notice having been given of the Intent to Award Contract. i BB-1 l i NOW,THEREFORE, THE CONDITIONS OF THIS 013LIGATION ARE SUCH, that, if the bid of the "Principal" herein be accepted and said "Principal", within fourteen G 4 consecutive working days after the date of the "Letter of Intent to Award", the letter being written notice of such acceptance, enter into a written contract with Palm Beach County, a Political Subdivision of the State of Florida, and furnish a Certificate of Insurance and a Public Construction Bond in the farm inchided is the Bid Documents and in the amount equal to One Hundred Per Cent (100%)of the total contract amount satisfactory to Palm Beach County, a political Subdivision of the State of Florida, then this obligation shall be void, otherwise the sisrn herein stated shall be due and payable to the"County", and the "Surety" herein agrees to pay said sum immediately upon demand of said "County",in good and lawful money of the United States of America,as liquidated damages for failure thereof said"Principal," 1N WITNESS WHEREOF, the said SOUTHEAST ATTENUATORS,INC. as "Principal" herein,has caused these presents to be signed in its name, by its PRESIDENT and attested by i#s WITNESS tinder Its TRAVELERS CASUALTY&SURETY corporate seal, and the said COMPANY OF AMERICA as "Surety" herein,has caused these presents to be signed in its name, by its ATTORNEY-IN-FACT , tmder its corporate seal, this 7TH day of JUNE A.B.,2013. ATTEST: !_ SOUTHEASTATTENUATORS,INC. S a' Title: +t (Principal) DEBRA RICC€,PRESIDENT ATTEST: i TRAVLERS CASUALTY&SURETY COMPANY OF AMERICA (Seal) Title: REBECCA L.PENSKI,WITNESS .,GARY A.CARDINALE,ATTORNEY-IN-FACT BB-2 NWTARIAL .JUIRAT Ri-DIVIXA1. AC" XWLF:11GeMF3f£ County of ) =_s : ;3n this day of _ beforc me personally appeared kncw+n to me to be the pee-son dcscribcd in anc4 who exccutet' the foregoing iustru merit, :sd _h,-_ d'.tlf ac'xStowlcdged to me that —hc_.•_ executed the same. %rotary Public P6sRI'ZIL.SH12 ACI210ff'.�E. ENT State of ] CpL�lty of ss: Qn :his day of , . _ ., , before rte ?ersoually appeared knasm to me to be a member of the fiM of described in aid which e-'cecuted the `oregaing instrument, anti —he_ thereupon acknowledged to me that _he_e_eecuted the same as and for Che act =.jnd deed of said .`. trni. Notary Public COPPORA ION AC @104r1»EDG1 1?' State o}: Caurity Of On this day of before see personally appeared to me kno+rn, who being by me duly swam, did depose and say: that _'rue_,_., resides at that _,,,_he_ is T of the corp oration described in and 'which executed the foregoing instrument; that _he c-zows the .seal of said corparatiou; that the seal affixed to said iRstr,unent is such corporate seal; that it' -was so affixed by order of the Board of Directors of said corporation; and that ,,,,,he_ sided hLIS name thereto by !ike order, s`iatar�I euol-zr_ strl�r� �c�ro�r��rs' State of NEW YORK ] Caunry of ERIE --) JUNE 2013 C)n this 7TH day of before me oersocaLly appeared Y GARY A. CARDINALE to me kawwn, who being by me duly swot�n, did depose and vtY.' that in the C- ty of BUFFALO ; that —hp— is the -- ATTORNEY-IN-FACT _ at the above signed surety, the cocporac;grt desc±ibed in an,-; 'wtlie•r executed the +stain instrument; that _itr_ knaves clte c�3rp.orate seal of said corporation; that ttte seal affi:ced to said, "nstrumenll is such ^_orparate seal ; that it was so at:,-^cad by order of the Board oe Directors of said corpar-- at-;Qn' avid "hat _he— sived his name ther b"by like order. f' 1 -�_ //f!. _ ..�! .) �rte/', � /J _^---••— votary 61105X Ri ,� my Amatw", TRAVELERS CASUALTY ANO SURETY COMPNNY OF AMERICA HARTFORD,CCNNECTICUT 05185 FINAN'-IAL STATEMENT AS OF JUNE 30,2011 CAPITAL STOCK$0,480,000 ASSETS LIAEM2TTE3&SURPLUS CASH AND INVESTED CASH 5 114,672,235 UNEARNED PREMIUMS 3 799,704,180 BONDS 3,540,592,212 LOSSES O41,939,863 INVEST ENT INCOME CUE AND ACCRUED 48,859,G52 REINSURANCE PAYABLE ON PAID LOSSES S LOSS ADJ,EXPENSES 2,254.1707 OTHER INVE3T'EOA3,92TS 422,372,158 LOSS ADJUSTMEKr rXPENSES 5ik3,743,284 PREMIUM BALANCES 270,601,422 COMMISSIONS 21,334,250 NET CEFERRED TAX ASSET 01,045,090 TAXES,LICENSES AND FEES 54,624,G8'6 REINSURANCE RECOVERABLE 15,379,846 OTHER EXPENSES 18,832,342 RECEIVABLES FROM PARENT,$Uf3SIDIARIES AND AFFIL€ATFS 80;149,8''87 FUNDS HELD UNDER Ri iJNSURANCE TREATIES 94,587,680 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 5,022,089 CURRENT FEDERAL AND FOREIGN INCOME TAXES 38,210,148 UNDESTRIBUTED PAYMEN73 4,503,704 REM{TTANCES AND ITEMS NOT AI-LOCATED 10,1$1,415 (PiER ASSET'S 12,575 AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 25,557,326 RETROACTIVE REINSURANCE RESERVE ASSUMED 3,378,989 PO'_iCYiIOLOER DIVIDENDS 0,951,585 PROVISION FOR REINSURANCE. 5,357,027 PAYABLE FOR SECURITIES 24,998,653 PAYABLE FOR SECURI'T'IES LENDING 5,022,088 CEDED:REINSURANCE NET PREMIUKIS PAYA©L W 03,778,093) ESCHEAT LIABILITY- 653,441 OTHER ACCRUED EXPENSES AND LIABILITIES 314,201 TOTAL LIABILITIES CAPrTAL STOCK $ 6,450,0co PAID IN SURPLUS 433,803,750 OTHER SURPLUS 1,565,479,133 TOTAL SURPLUS TO POLICYHOLDERS $ 2.095,i5B4O28 TOTAL i+55'175 8,549 853,872 TOTAL LIABILITIES L SURPLUS 5 4,549,033.272 STATE OF CONNECTICUT j COUNTY OF HA;ZTFORD I SS, CITY OF HARTFORD � 7 WICTiAEL J.DOC•OY,BEING DULY SWORN,SAYS Ti4AT'He IS SECOND VICE PRESIDENT,OF TRAVELERS CASU,V.TY AND SURETY COMPANY OFAAERiCA, AND THAT TO TPE REST OF HIS K,N04VLEDGc AND BELIEF,TI,E FORECChAG IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID j COMPANY AS OF THE 34TH DAY OF JUNE.,".091. y i 1 e� SECOND VICE PRESIDENT SUBSCRIBED AND SWORN TO BEFORE ME THIS NOTARY PU3LIC I 3 H DAY OF SEFTEh.I9ER.2011 SUSAN A NVEISST..EDER Notary Pu$iic "- lf'7 Cainn.f'.7i A Expires Novenlbel 30,2013 ,=".`"`=� ,.G POWER", ATTORNEY°..,,..~,~.."~. POWER OF ATTORNEY �� \ " »^»�� m~^-u~««~"^ Farmington Casualty Company St.Paul Mercury Insurance Company � Fidelity and Guaranty Insurance c^u/v^ux Travelers Casualty and Surety Company ' Fidelity and Guaranty Insurance n^a^rwuters.Inc. Travelers Casualty and Surety Company mAmerica St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul nu^,mmu Insurance Company Certificate No. Ln U 4 �} 3 Attorney-in Fact No. 216224 KNOW ALL IVIEN BYTHESE PRESENTS:That S1,Pau\Fire and Marine lnu/rtaicc COMPKIly,St.PaLlIGUardian Insurance Company and St.Paul Mercury Insurance Company are corporati"ms duly organized under the laws of the State or Minnesota.that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualtyand Surety Compai)y ofAmcrica axe corporations duly oryanized Under the lmvs of the State ofConnecticut,that United States Fidelity and G'ara'fy Company ixo corporation duly organized o/mr,the laws u/the State nf Maryland,that Fidelity and Guaranty Insurance Company ina corporation duly vmuoiz~uunder the laws "rmcState ormwo.and mutpmc/itrand ouu/nntvm,o,unccuouc,w�ters. /oc' uucv�mmtivouuho�u /zruunm�mounno,�ox��mp/sconnio (herein collectively called the"Companies"),and that�he Companies,do hereby make,constitute and appoint Gary A. Cardinale,and Danielle Barclay of tile oLy of Cbockmw » u,mu �o�York �their`mv and/xwm|xu^mex(s)-ia'��t exvuio their separate capacity i,more Ilian ont is named above,to sign,execute,seal and acknuwledge any and all bonds,recognizanc�,conditional undertakings and mm,,w,mn*rowix^m�iom~ ^um�m^^orou behalf^/mocomvvi~oi^m�,o""ionsofuu�x �°/nemvnucu� '�pe�um. auumu�a"«the performance or cvu��mmcxccu,/nsmnuxmn�uwgonnu�xouu^u�m*��p�,p/�xmp��/�a/nxoyominsm,pmccoumcn�/m"cuux/um. i6tb onvrrrmqSS W .t|ec have cuu�dn�siu^tmmcombu signed and ao�uo�mm��uu�»cuc�*am�o .�iv day of ~`'~^.,,^ .^_..�_ Farmington Casualty Company St.Paul Hoorr Insurance Company xiumity:nu Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company"xAmer/m St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.r""|Guardian Insurance Company OFAII State o,Connecticut By. ' ciLyorHal tm��. /x°"rg v�/m°=�"", a°a�"t 16th September 2011 ou this the day of � . before me personally appeared George W. Thompson, who acknowledged himself to bi-the Senior Vice President of Farmington Casualty COMPRIly, Fidelity and Guaranty Ioaouoct Company,Fidelity and Guaranty Insurance Underwriters, Inc- St. Paul Fire and Marine Insurance Company, a,. Paul ooard/uo Insurance cvmwmx St. Paul Mercury znsomoco Company, Travelers Casualty and Surety Company,Travelers c^suxux unus,ure�y c^mvuur u/*murica, and United States Fidelity and Guaranty Company,and that he,as u'm, boiEs^u,uoazed so to do, execilted rae foregoing lwtniment for the purposes thcrtin contained by signing on behalf of the corporations by hiin�elf as a dtily authorized officer. /u Witness*xeo^f,/hereunto set mr hand and^on:ialoem. uxvcvmmi�mncx»/nsmcmm day urmm,.zou, two `-w"""c�m��//.w"m�,"ua � ea44o's'|1Phntou in U.S.A. CERTIFICATE (Comoratlan The undersigned hereby certifies that the following are true and correct statements: to I, That he/she is the Secretary of �31,r 1. i :z° ,r '. Y 1 `<ti; corporation organized and existing in good standing under the laws of the State of hereinafter referred to as the "Corporation". and that the following Resolutions are true and correct copies of certain Resolutions adopted by the Board of Directors of the Corporate as the art` day of J4°,+-" 20 in accordance with the laws of the State of the state of incorporation of the Corporation, the Articles of Incorporation and the By-laws of the Corporation. RESOLVED. that the Corporation shall enter into that certain Agreement between Palm Beach County, a political subdivision of the State of Florida and the Corporation, a copy of which is attached hereto, and be it FURTHER RESOLVED.that,*.i;- the A J�/,'61- of the Corporation, is hereby authorized and instructed to execute such Agreement and such other instruments as may be necessary and appropriate for the Corporation to fulfill its obligations under the Agreement. 2. That the foregoing resolutions have not been modified, amended, rescinded, revoked or otherwise changed and remain in full force and effect as of the date hereof. 3. That the Corporation is in good standing under the laws of the State of Florida or its state of incorporation, if other, and has qualified, if legally required, to do business in the State of Florida and has the full power and authority to enter into such Agreement. IN WITNESS WHEREOF, the undersigned has set his hand and affixed the Corporate Seal of the Corporation the ii day of 20 .°j (.Signature) (C0RP01RAT E SLAL) �DO i (Print Signatory's name &title) SWORN TO AND SUBSCRIBED before me this day of % _ , 24_'by the Secretary of the aforesaid Corporation, who is personally known to me OR who produced as identification and who did take an oath. — (Notary Signature) (,Print Notary's Name) NOTARY PUBLIC State of Florida at Large My Commission Expires: '7A4 5 CC-1 aNIESINKUS SSION FE 084546 5:Apfll 3'r,20 i5 013FY�EI�i IG J3li�E!'llfiiEfs . _,.., ANNUAL CONTRACT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH) l This Contract, made this day? 10 2013A.D. 2013, by and between PALM BEACH COUNTY, a Political Subdivision of the State of Florida, (hereinafter called the County), and Southeast Attenuators, Inc. of West Palm Beach, Florida and their heirs, successors, executors, administrators and assigns, (hereinafter called the Contractor): WITNESSETH: The Contractor agrees with the County, for the consideration herein mentioned at his, its or their own proper cost and expense to do all the work and furnish all necessary labor, materials, equipment, machinery, tools, apparatus, services, state workmen's compensation and unemployment compensation taxes incurred in the performance of the contract, for the: ANNUAL GUARDRAIL CONTRACT—PROJECT NO. 2014051 IN THE AMOUNTS specified in work orders which may be issued by the County. The County is not required to issue any work orders hereunder. The total value of work orders issued under this Contract shall not exceed Five Hundred Forty Thousand Dollars $540,000 except as may be increased according to Section 9-11 of the Contract Specifications). The Contractor further agrees for the consideration herein mentioned to commence the work with adequate forces and equipment within seventy-two (72) hours of the work order being issued for a specific project. After commencement of the work,the work order shall be properly dispatched toward completion, to the satisfaction of the Engineer, and shall be fully complete within the time limit specified in the work order. Should the time limit for completion of the work order exceed the expiration date of the contract, the work order work will continue to completion and the Contractor shall ensure that Bonding and Insurance coverage do not expire until all work orders issued prior to the expiration of this Contract are complete and accepted. It is understood and agreed that the time limit for completion of said work is the essence of the contract and should the Contractor fail to complete the work within the time limit, it is agreed that for such calendar day that any work provided for in these Contract Documents shall remain incomplete after the time limit has expired, including any official extension of the time limit; the sum per day given in the contained schedules shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages and added expense for supervision. C-1 The Contractor shall take into account all contingent work which has to be done by other parties arising from any cause whatsoever, and shall not plead his want of knowledge of such contingent work as an excuse for delay in his work, or for its rion-performance. IN WITNESS WHEREOF, the parties have caused this Contract to be executed and sealed the day and year first written above. ATTEST: g f7 p A SEP 10 SHARON R. BOCK, PALM BEACH COUNTY, FLORIDA, a Clerk & Comptroller Political Subdivision of the State of Florida BOARD OF COUNTY COMMISSIONERS B ::mod By: Deputy C'elk °L 0 v-) . "5even L. Abrams, Mayor I&Ir--,P L111 AP RO ED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS 'a _ (witness signature) (Corporate Name) a corporation (witness name printed) (insert state of incorporation) By (witness signature) (signature) (witness name printed) (print signatory's name) Its (print title) (date of execution) (Corporate Seal) i C-2 -AG -WIDE.BONDING,, t, 2,,46 V illiam St.Chee�,to a a,PiY 14227 718-681-76851888-651-7685 f.716-681-7633 I June 26, 2013 Palm Beach County Engineering&Public Works Department Roadway Production Division 2300 N. Jog.Rd. West Palm Beach, FL 33411 Re: Public Construction Bond Bond 4105840930 a Dear Ms.Phillips, As the Surety Company for Southeast Attenuators, Inc. we have executed the captioned bond. Since the contract date is unknown, we have left the bonds undated. As a duty authorized Attorney-in-fact for the Surety,Travelers Casualty and Surety Company of America,permission is hereby granted to fill in the contract date on the bonds when the date is known. Also,the "signed and sealed" date on the bonds should be completed. Sinde Gary A. Cardinale Attorney-In-Fact/Travelers Casualty and Surety Company of America President/World Wide Agent Services, Inc. d/b/a World Wide Bonding Agency PUBLIC C NSTT UCTI NT BOND NUMBER: 105 84093 0 BOND AMOUNT: $50,000 CONTRACT AMOUNT: $540,000 CONTRACTOR'S NAME: SOUTHEAST ATTENUATORS, INC. CONTRACTOR'S ADDRESS: 7760 HOOPER ROAD WEST PALM BEACH, FL 33411 CONTRACTOR'S PHONE: (561) 792-0040 SURETY COMPANY: TRAVELERS CASUALTY& SURETY COMPANY OF AMERICA SURETY ADDRESS: 300 WINDSOR STREET HARTFORD, CT 06120 OWNER'S NAME: PALM BEACH COUNTY OWNER'S ADDRESS: 2300 North Jog Road, Suite 3W-33 West Palm Beach, Florida 33411-2745 OWNER'S PHONE: 561-684-4150 DESCRIPTION OF WORK: The p3jEpose and intent of this Annual Guardrail Contract is to obtain firm prices for furnishing and installing guardrail, furnishing guardrail products only, removing and disposing of "old" guardrail, and/or resetting of existing guardrail. Contractor shall provide all labor, materials, equipment and incidentals required to complete the work, in accordance with the Tans and as s ecified b various Coup Departments/Divisions on an as needed basis. All ancillary costs, including but not limited to, mobilization, demobilization, maintenance of traffic, NPDES compliance (if required) debris removal, debris disposal and final site cleanup, shall be considered incidental to each and every line item in the Bid Proposal. Work shall be authorized by issuance of a Work Order by a Palm Beach County Department/Division. PCB-1 PUBLIC CONSTRUCTION BOND This Bond is issued in favor of the County conditioned on the full and faithful performance of the Contract. KNOW ALL MEN BY THESE PRESENTS: that Contractor and Surety, are held and firmly bound Lento Palm.Beach.County Board of Cou[Lty Commissioners 301 N. Olive Avenue Nest Palm Beach, Florida 33401 As Obligee, herein called County, for the use and benefit of claimant as herein below defined, in the amount of $50,000 for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, executors, administrators, successors and assigns,jointly and severally, firnn1 y by these presents. WHEREAS, Principal has by written agreement dated 2013, entered into a contract with the County for: Project Name: Annual Guardrail Contract Project No.: 2014051 Project Description: See Page PCB-1 Project Location: See Page PCB-1 in accordance with Design Criteria Drawings and Specifications prepared by: NAME OF ENGINEERINGIARCHITECHTURAL FIRM:Palm Beach County Engineering &Public Works Roadway Production Division LOCATION OF FIRM. 2300 North Jog Road PHONE: (561)684-1150 FAX : (561)684-4166 which contract is by reference made a part hereof in its entirety, and is hereinafter referred to as { the Contract_ i THE CONDITION OF THIS BOND is that if Principal.: I, Performs the contract dated between Principal and County for the construction of the project as described above, the contract being made part of this bond by reference, at the times and in the mariner prescribed in the contract; and PCB-2 PUBLIC CONSTRUCTION BOND 2. Promptly makes payments to all claimants, as defined in Section 255.05, Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract;and 3, Pays County all losses, damages (including liquidated damages), expenses, costs, and attorney's fees, including appellate proceedings, that County sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials himished under the contract for the time specified in the contract,then this bond is void; otherwise it remains in full force. 5. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond and Surety waives notice of such changes. 6. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of construction liens which may be filed of record against said improvement, whether or not claim far the amount of such lien be presented under and against the bond. 7. Principal and Surety expressly acknowledge that any and all provisions relating to consequential, delay and liquidated damages contained in the contract are expressly covered by and made a part of this Performance, labor and Material Payment Bond. Principal and Surety acknowledge that any such provisions lie within their obligations and within the policy coverages and limitations of this instrument. 8. Section 255.05, Florida Statutes, as amended, together with all notice and time provisions contained therein, is incorporated herein, by reference, in its entirety. 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 instrument mgardiess of its form, small be construed and deemed a statutory bond issued in accordance with Section 255.05,Florida Statutes, 9. Any action brought under this instrument shall be brought in the s,'Oe court at competent jurisdiction in Palm Beach County and not elsewhere. = '.. SOUTHEAST ATTENUATORS,INC. Pri ipal I Witnes � - Title TRAVELERS CA LTY&SURETY COMPANY OF AMERICA ESL e t Surety Witness REBECCA L.PENSKI 8 / Title /GARYA.CARDINALE,ATTORNEY-IN-FACT PCB-3 I I+DIViDUAL ACS CvIE3Gr3iFr£ State aC T _j County i on this da of , bcfore me appeared lknc�i to me to be the person _ ciescr: ed in agcy rno ececutrSrl tl�e Etrregninr i*.�struW ment, azd _tie_ duly acvrtini+lt dged to me that _-he,._, cxctcuted tile sauce. vr�tazy Ptrnl.c state ai l Cowit�^ of ss: On this _ day of , , before rie pe_rscaally appeared ;fnasrn to me to be a member of the ficM of described Ln and ,jhicti executed the ;oregcing instrument, and _he_ ttsereupoa acknowledged to me that —tie_e_'tecuted the same zau and for the act anc deed of said irni. Notary Put�l_c CORPORATIO14 ACIMOFW'T: GUIZHl' State of County of sst On this day of —, before sus personally appeared to roe ;chow-,n, who being by me dolly sworn, dial depose and say: that —he— resides 3t ; that he— is of the cortaoratian described in and which executed the foregoi.rg ir:strument; that —h"-- c7ows the seaL of said corporatiou; that the seal affixes to said instrs>i�sent is sutit corporate seal; that it was sv of-`iced by order of the Board of Directors OE said cor oration; and that ..-..he— signed LLS name thereto by like order. Yatarf ruol.ic 5 t11t.ET� �C?�1CWl.F�GE�`P State of NEW YORK County, of _ERIE a ibis 20TH -- day of JUNE 2013 , before me oersocaI17 appeared GARY A. CARDINAI E L ----` p in the -o me known, 'who being by ,ne duly swova, dial depose and Say: -hac he aw zd�s City aE BUFFALO that —he— is `he ATTORNEY-IN-FACT ee the above signed Surety, t-i! corporation desc-jbeed , ors uhir_t executed tiie +unit instrument; that _ae4. ;cudHS :he corporate seal cf said corporation; that the seal affixed Ca s d =_rsstrurmerl i5 such coraaraLe seal ; that it was so aifLted by ar3er of the Board oe �:Qctor aid c rper- at„cn; arid that �h.e sis ned h?5 rsarsie thersta by Bice order. ; s `oCar p1 �c 6110 5 X ewe of 3 M�� +� TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD,CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31,2012 AS FILED IN THE STATE OF NEW YORK CAP ITAL STOCK$8,480,000 ASSETS LIABILITIES&SURPLUS CASH AND INVESTED CASH S 16,936,791 UNEARNED PREMIUMS $ 7$3,+109,692 BONDS 3,713,171,016 LOSSES 901,058,710 INVESTMENT INCOME DUE AND ACCRUED 50,768,732 REINSURANCE PAYABLE ON PAID LOSSES&LOSS ADJ.EXPENSES 1,448,021 OTHER INVESTED ASSETS 280,730,697 LOSS ADJUSTMENT EXPENSES 634,370,680 PREMIUM BALANCES 184,942,509 COMMISSIONS 29,281,779 NET DEFERRED TAX ASSET 63,274,378 TAXES,LICENSES AND FEES 66,762,894 REINSURANCE REOOVERAHLE 12,410,624 OTHER EXPENSES 35,688,967 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 7,769,155 FUNDS HELD UNDER REINSURANCE TREATIES 94,449,644 RECEIVABLES FROM PARENT,SUBSIDIARIES AND AFFILIATES 11,08D,470 CURRENT FEDERAL AND FOREIGN INCOME TAXES 60,675,573 UNPISTRISUTFD PAYMENTS (1,439,585) REMITTANCE$AND ITEMS NOT ALLOCATED 1%270,931 OTHERASSETS 984,093 AMOUNTS WITHHELD/RETAINED BY COMPANY FOR OTHERS 79,084,606 RETROACTIVE REINSURANCE RESERVE ASSUMED 3,163,164 POLICYHOLDER DIVIDENDS 6,730,121 PROVISION FOR REINSURANCE 5,314,326 ADVANCE PREMIUM 728,SS8 PAYAELE.FOR SECURITIES LENDING 7,769,155 CEDED REINSURANCE NET PREMIUMS PAYABLE (70,603,744) ESCHEAT LtAEILITY 526,399 OTHER ACCRUED EXPENSES AND LIABILITIES 202,002 TOTAL LIABILITIES $ 2,559 j06,957.- CAPITAL STOCK S 6,460,000 PAID IN SURPLUS 433,603,760 OTHER SURPLUS 111340,16-8 DGI TOTAL SURPLUS TO POLICYHOLDERS $ E,760,451,021. TOTAL ASSETS S 4.33„ _ _9.6_,778 TOTAL LIABILITIES&SURPLUS S 4,339,668 778 STATE OF CONNECTICUT ) COUNTY OF HARTFORD )SS. CITY OF HARTFORD 1 ii MICHAEL J.DOODY,BEING DULY SWORN,SAYS THAT HE IS SECOND VICE PRESIDENT,OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO TEE VEST OF HIS KNOWLEDGE AND BELIEF,THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID i COMPANY AS OF THE 31ST DAY OF DECEMBER,2012. i I / G LdG SECOND VICE PRESI N SUSSCRISEa AND SWORN TO BEFORE ME THIS NOT F IC 20Th DAY CF MARCH,2613 SUSAN M.W±~IS$I.EDiMTR Notary Pxblfc uIt It iIt7! 'r 4fyConjoi fston Expires November 30,2017 % w�I ' , tr'yua ic, r V ref 111�i1k14 i1 I M WARNING:THIS POWER OF ATTORNEY f5 INVALID WITHOUT THE RED BORDER rte . TRAVELER OF ATTORNEY ° A EL Farmington.Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 'Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St,Paul Guardian Insurance Company Attorney-In.pact�7o. c " y 216224 Certificate No. KNOW ALL MEN BY THESE PRE,SEN TS:That St.Paul Fire and Marine Insurance Company,St.Paul Guardian Imt rauce Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin i.l (herein collectively called the"Companios"),and that the Companies do hereby make,constitute and appoint i i Gary A.Cardinale,and Danielle Barclay I r of the City of Cheektowaga State of New York their true and lawful Attorney(s)-in-Pact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and r l' other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of 3, contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 16th IN WITN+ S VVI�MEW the Comp noes have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of e-ptem er u 11 t Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 'iraveiers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. 'Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company ] GI.S U,i� 4RE4 =�T��N p.+"�iNSLq''�y Jp SY ANO NiOwR�Y O Y,�' 4m: flk `- 'o= CONN. C4NN. �. N 1896 -r SEAL'es 's'• d`'-. �-aAr ��.15.7Jan.� ........*�f. M•n.nx�• �1 I State of Connecticut By: City of Hartford ss. Georg Thompson, enior ice President i 16th September 2011 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardiau Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. TV In Witness'Whereof,T hereunto set my hand and official seal. � My Commission expires the 30th day of June,2015. �� tit Marie C.Tetreault,Notary Public 58440-6-11 Printed in U.S.A. WARNING:THfS POWER OF ATTORNEY IS INVALID WITHOUT THE RED$ORDER S0UTg53 OP ID:RP CERTIFICATE DATE(MMrDOIYYYY) 081271'13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 954-776-2222 NAME:CONTACT Brown&Brown of Florida,Inc. 954-776-4446 PHONE FAX 1201 W Cypress Creek Rd 9 130 AHi No Ext: P.O.Box 5727 E-MAIL Ft.Lauderdale,FL 33310-5727 ADDRESS: Daniel A.Touchet INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Insurance Co of State of Pa. 19429 INSURED Southeast Attenuators,Inc. INSURER B:New Hampshire Ins.Co. 23841 Attn: Debra Ricci INSURER C:Chartis Specialty Ins Co. 26883 7760 Hooper Road West Palm Beach,FL 33411 INSURER D:Brldgefield Employers Ins,Co. 10701 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM1DDNYYY MM1DDfYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00- A X COMMERCIAL GENERAL LIABILITY X GL4531517 08)28113 08128/14 DA A ETOREN TED PREMISES Ea occurrence $ 100,000 GLA€MS-MADE ®OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GFN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-CCMPIOP AGG $ 2,000,00 POLICY X PRO Loc I Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident B X ANY AUTO CA8263655 08128113 08128/14 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTDS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS )( NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ X PIP Fl. No Fault $ 4XEXCESS MBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C LIAB CLAIMS-MADE BE011462657 08/28113 08128/14 AGGREGATE $ 5,000,000 ED X RETENTION$ 0 S WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY ORY LIMITS ER D ANY PROPRIETORIPARTNERIEXECUTIVEYIN 83043333 10126112 10/26/13 E.L.EACH ACCIDENT $ 1,000,000 OFFiCERIMEMBER EXCLUDED? F N 1 A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE Project: 2014051 Annual Guardrail Contract Palm Beach County Board of County Commissioners,A political subdivision of the state of florida,its officers,employees,and agents is endorsed as an additional insured on commercial General liability as required by written contract. CERTIFICATE HOLDER CANCELLATION PALMBEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Palm Beach Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County ACCORDANCE WITH THE POLICY PROVISIONS. Roadway Production Division 2300 N Jog Rd 3rd FL AUTHORIZED REPRESENTATIVE Vest Palm Beach,FL 33411 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD SOUl�i353 OP ID:RP CERTIFICATE OF LIABILITY INSURANCE DATE{MMfDDNYYY) 06119/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER 954-776-2222 NAME: Brown&Brown of Florida,Inc. 954-776-4446 PHONE I Ax 1201 W Cypress Creek Rd#130 Arc No Exi: Arc,No- P.O.Box 5727 E-MAIL Ft.Lauderdale,FL 33310-5727 ADDRESS: Daniel A.Touchet INSURER($)AFFORDING COVERAGE NAIL o INSURER A:Insurance Co of State of Pa. 19429 INSURED Southeast Attenuators,Inc. INSURER s:New Hampshire Ins. Co. 23841 Attn: Debra Ricci INSURER c:Chartis Specialty Ins Co. 26883 7760 Hooper Road West Palm Beach,FL 33411 INSURER D:Bridgefteld Employers Ins, Co. 10701 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE A S R POLICY EFF PCLICY EX? LIMITS LTR POLICY NUMBER MMIDD/YY MMIDD GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X GL4581517 08/28112 08/28/13 UAMAGE TO(RENTED 100 000 PRENiiSES Ea occurrence $ s CLAIMS-MADE AI OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPfOPAGG $ 2,000,000 POLICY X PRO- LCC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY CCMSiNED SINGLE LIMIT 1,000 000 Ea accident $ s !, B X ANYAUTD CA8263655 08/28/12 08128/13 BODILY INJURY(Per person) S ALLOWNED SCHEDULED BODILYINJURY(Peraccident) $ AUTOS AUTOS X HIRED AUTOS }( NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident X PIP Fl. No Fault $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESS LIAS CLAIMS-MADE IBEOI1462657 08/28/12 08/28113 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIM ITS ER D ANY PROPRIETORIPARTNER/EXECUTIVE YIN 83043333 10/26/12 10126113 E.L.EACH ACCIDENT $ 1,000,1)110 OFFICER/MEMBER EXCLUDED? � N f A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEO$ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {Attach ACORD 761,Additional Remarks Schedule,If more space Is required) RE: Project 2014051 Annual Guardrail Contract Palm Beach County Board of County Commissioners,A Political subdivision of the State of Florida,its officers,employees and agents is endorsed as an additional insured with respects to General Liability it required by written contract. CERTIFICATE HOLDER CANCELLATION PALM BEA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Palm Beach Coon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Poadway Production Division 2300 N Jog Rd 3 Floor West Palm Beach, FL 33411 AUTHORIZED REPRESENTATIVE I O 1988-2010 ACORD CORPORATION. All rights reserved. ACID RD 25(2010105) The ACORD name and logo are registered marks of ACORD � 4 0 Q N ® 9 a) CL a o-U, C � O ca 0 M c� M U a :3 V 43 Q U V V w CL �S c'0 ctd E R LLL CS ® C a Q O O C) - 1� « a E �' Q co LL! 0 � ® � U m u> C) UJ a LU m �3 C V Cif E ms m N 7 ui u O 0 0 m Cn O Liu N � a t� � v fn O t ¢� CQ CO fVh '620 a' U ai 0 m LU ® C� M d E °_m W Z V1 C) Lyk O N ® m u) m N I— v m U) ,ti 0 a � ¢ U R 0 tl! w t W 0 i - - 7 N 2 N 4— "7 A CD +a -1 0 O 7 7 LL! !— O M " C 0 � 0 ¢� N U LY °0 0 — E ,., m LL] CL tu C) }, U) LU gam + cWM� ' r t 0 O 0 p E �, ¢ ca Q co ® Llj Y v OCn � r [Y] O 00 v LLl LU CU cn o (n 3 CL M ] 0 T'm uJ m in w E 0 a CO T ces U) , E LU O C) � MLm cn LIU a) Id 0 Vl to V U V U)m L p (LA E = 0 .-.0 +�+ Z 0 U E rd C ® `h C!9 Z W 0 � N >,fl g (D 0 Z Y w. O a w 0 LU C L C2 a O r w o m a CJ Z O O O 0 s E 0 .O 0 0 o rgj +a C) *' O m 0 E O E W i .J -0 00 W UI P il9 ay LLE Oo p ca U ® E W Q LLL = M � � M O m U v z ru Q � N �, W W Z Z CO LLl `o E LLJ U 0 O LL! r a � Y w O O � Q) .Q ®0 u S fA 0 L7' 0 v R m v I SCHEDULE 4-SBE-MIWBE PAYMENT CERTIFICATION The Prime Contractor is to submit Schedule 4 with its Monthly Payment Request to Palm Beach County to reflect acuatl payments made to the SBE-M/WBE Subcontractor unless it has made a payment to the SBE-M/WBE Subcontractor. The SSE-MIWBE Subcontractor is not to complete and sign this form unless it has received a payment from the Prime Contractor. A separate Schedule 4 is required for each SBE-MIWBE Subcontractor payment. This is to certify that received (SBE or WWBE Subcontractor Name) I _ I (Monthly)or(Final)payment of $ On MM DD YYYY (Prime Contractor Name) For labor and/or materials used on 1 (Project Name) (Work Order) DEPT.: PRIME CONTRACTOR VENDOR CODE: SBE OR MIWBE SUBCONTRACTOR VENDOR CODE: If the SBE Subcontractor intends to disburse any funds associated with this payment to any non-SBE Subcontractor for labor provided on this project, please provide the following information: Non-SBE Subcontractor Name: Amount to be paid: By: (Signature of Subcontractor) (Print Name&Title of Person executing on behalf of Subcontractor) STATE OF FLORIDA f COUNTY OF f Sworn to and subscribed before me this day of ,20 f By. Notary Public, State of Florida t Print, 'Type or Stamp Commissioned Name of Notary Personally Known_or Produced Identification Type of Identification Rev.2 PC-2 Last updated: 12/6/2010 i 1 ANNUAL CONTRACT STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH) � � U 13� 1115 SAP �. 0 213 This Contract, made this day of A.D. 2013, by and between PALM BEACH COUNTY, a Political Subdivision of the State of Florida, (hereinafter called the County), and Southeast Attenuators, Inc. of West Palm Beach, Florida and their heirs, successors, executors, administrators and assigns, (hereinafter called the Contractor): WITNESSETH: The Contractor agrees with the County, for the consideration herein mentioned at his, its or their own proper cost and expense to do all the work and furnish all necessary labor, materials, equipment, machinery, tools, apparatus, services, state workmen's compensation and unemployment compensation taxes incurred in the performance of the contract, for the: ANNUAL GUARDRAIL CONTRACT—PROJECT NO. 2014051 IN THE AMOUNTS specified in work orders which may be issued by the County. The County is not required to issue any work orders hereunder. The total value of work orders issued under this Contract shall not exceed Five Hundred Forty Thousand Dollars ($540,000), except as mqy be increased according to Section 9-11 of the Contract Specifications). The Contractor further agrees for the consideration herein mentioned to commence the work with adequate forces and equipment within seventy-two (72) hours of the work order being issued for a specific project. After commencement of the work,the work order shall be properly dispatched toward completion, to the satisfaction of the Engineer, and shall be fully complete within the time limit specified in the work order. Should the time limit for completion of the work order exceed the expiration date of the contract, the work order work will continue to completion and the Contractor shall ensure that Bonding and Insurance coverage do not expire until all work orders issued prior to the expiration of this Contract are complete and accepted. It is understood and agreed that the time limit for completion of said work is the essence of the contract and should the Contractor fail to complete the work within the time limit, it is agreed that for such calendar day that any work provided for in these Contract Documents shall remain incomplete after the time limit has expired, including any official extension of the time limit; the sum per day given in the contained schedules shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages and added expense for supervision. �� C-I The Contractor shall take into account all contingent work which has to be done by other parties arising from any cause whatsoever, and shall not plead his want of knowledge of such contingent work as an excuse for delay in his work, or for its nonperformance. IN WITNESS WHEREOF, the parties have caused this Contract to be executed and sealed the day and year first written above. ATTEST: R 2 0 13 1115 CEP ® 213 SHARON R. BOCK, PALM BEACH COUNTY,FLORIDA, a Clerk& Comptroller Political Subdivision of the State of Florida y 1,,y' BOARD OF COUNTY COMMISSIONERS N. By: By: Deput kC 0 U <7 s Steven L. Abrams' Mayor s 0 AtPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS (witness signature) (Corporate Name) &Ila f/ /2,[ G cf a F/fY" corporation (witness name printed) (insert state of incorporation) IM(10 61,anirL By I � � - ( mess sl ature) (signature y.Jam[/1 (Rr �C.� - (w' ess name printed) (print signatory's name) Its (print title) (date ot execution) (Corporate Seal) C-2 Agenda Item #: 3—C- 5 PALM BEACH COUNTY PF) IS A 7-6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 1, 2014 {X} Consent { } Regular { } Workshop { } Public Hearing Department: Submitted By: Engineering &Public Works Submitted For: Roadway Production Division I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to approve: An amendment to the annual guardrail contract(Contract), R2013-1115,Project No. 2014051,dated September 10, 2013, with Southeast Attenuators, Inc. (Contractor). SUMMARY: Approval of this amendment will extend the expiration date from September 9,2014 to September 9,2015. The Contract provides that its term may be extended for a defined period of time,within a total contract time span of 36 months.With this extension, 24 months of the total contract time will be expended.The Contract consists of furnishing and installing guardrail, furnishing guardrail products, removing and disposing of old guardrail and/or resetting of existing guardrail. Countywide (MRE) Background and Justification: The Contract was approved on September 10, 2013, R2013-1115, and expires on September 9, 2014.The Contractor and Palm Beach County are desirous of extending the Contract to September 9, 2015. Attachments: 1. Amendment to the Annual Guardrail Contract(3) Recommended by: Division Director Approved By: '3 I County Engineer Date F:\ROADWAY\PROJECT FILES\2014051-Annual Guardrail\AIS_EXT_2014051.doc Page 1 of 2 II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact: Fiscal Years 2014 2015 2016 2017 2018 Capital Expenditures $ -0- -0- -0- -0- -0- Operating Costs -0- -0- -0- -0- -0- External Revenues -0- -0- -0- -0- -0- Program Income(County) -0- -0- -0- -0- -0- In-Kind Match(County) -0- -0- -0- -0- -0- NET FISCAL IMPACT $ -0- -0- -0- -0- -0- #ADDITIONAL FTE POSITIONS (Cumulative) Is Item Included in Current Budget? Yes No Budget Acct No.: Fund_ Dept._ Unit_Object Program Recommended Sources of Funds/Summary of Fiscal Impact: `This item has no fiscal .impact. The agenda item extends the expiration date for this contract. C. Departmental Fiscal Review: VLW III. REVIEW COMMENTS A. OFM Fi 1 and/or Contract Dev.and Control Comments: , ' ) ��q . (fi,—. �4e�)o OFM Co tract D nd Control B. Approved as to Form and Legal Sufficie cy: Assistant County Attorney C. Other Department Review: Department Director This summary is not to be used as a basis for payment. 2 F:\COMMON\WP\AGENDAPAGE2\AGNPGTWO2014\00.NO IMPACT,TIME EXT..DOC R20144089:6 JUL 012014 FIRST AMENDMENT TO THE ANNUAL GUARDRAIL CONTRACT NO. 2014051 DATED SEPTEMBER 10, 2013, BY AND BETWEEN SOUTHEAST ATTENUATORS, INC., AND PALM BEACH COUNTY THIS FIRST AMENDMENT to the Annual Guardrail Contract dated September 10, 2013, (R2013-1115), hereinafter"CONTRACT"by and between Southeast Attenuators, Inc., hereinafter"CONTRACTOR"and the Board of County Commissioners of Palm Beach County,a political subdivision of the state of Florida, hereinafter,"COUNTY". WITNESSETH WHEREAS, on September 10, 2013,the CONTRACTOR and COUNTY entered into a twelve month Annual Guardrail Contract for furnishing and installing guardrail and other related tasks throughout Palm Beach County; and WHEREAS, the CONTRACT provides that the contract may be extended, at the COUNTY's option for a defined period of time, not to exceed thirty-six months total contract time, upon approval of the Board of County Commissioners; and WHEREAS, by this amendment, the CONTRACTOR and the COUNTY mutually agree to amend the CONTRACT terms to extend the expiration date of the CONTRACT from September 9, 2014 to September 9, 2015, with all original terms, conditions and unit prices adhered to. NOW,THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the parties agree as follows: 1. The above recitations are true and correct and incorporated herein. 2. The CONTRACT, dated September 10, 2013, between the CONTRACTOR and the COUNTY is hereby amended to extend the expiration date of the CONTRACT from September 9, 2014 to September 9, 2015. 3. It is the intent of the parties hereto that this Amendment shall not become binding until the date executed by the COUNTY. 4. All other provisions of the Annual Guardrail Contract dated September 10, 2013, shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed and sealed this day of , 2014. R2-o1-4 o896 AXC12014 ATTEST: PALM BEACH COUNTY, a Political SHARON R. BOCK Subdivision of the State of Florida Clerk and Comptroller , Board of County Commissioners Jt�T Y ,,.Cp`'''''',n By:990w, By: Deputy Cl r ._ FL oa'o :�2 riscilla A, Tayior, Mayor APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By: gy �� ounty Attorney Engineering ATTEST: SOUTHEAST ATTENUATORS, INC Contractor B Y b By: /Cll.Ca Secretary or Asst. Secretary (Signature) (Seal) I Ax Fel,—, - � (Print Name and Title) 2 F.\ROADWAY\PROJECT FILES\2014051-Annual Guardrail\Amendmentcontract 2014051.doc w MEMORANDUM W TO: Mayor and City Commissioners FROM: Michael Coleman, Interim Director, Community Improvement Department THROUGH: Donald B. Cooper, City Manager DATE: January 30, 2015 SUBJECT: AGENDA ITEM 8.J.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)SUB-RECIPIENT FUNDING AGREEMENT/LEGAL AID SOCIETY OF PALM BEACH COUNTY,INC. BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on August 5, 2014, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2014-2015. The Action Plan contains an appropriation for public service activity and was approved by the Commission. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub-recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. DISCUSSION The item before the Commission is for approval to execute an agreement for funding with the above- listed sub-recipient under the 2014-2015 Community Development Block Grant (CDBG) Program in the amount of$4,000. OPERATING COST There are no operating costs associated with this item. TIMING OF THE REQUEST Funding is being approved per FY14-15 Annual Action Plan approved by Commission on August 5, 2014. The public service allocation under the Community Development Block Grant program are to be used by September 30, 2015. FUNDING SOURCE Funding is available from 118-1966-554-82.16 (Neighborhood Services: Aid to Private Organizations/Legal Aid Society of Palm Beach County). RECOMMENDATION Staff recommends approval and execution of the attached agreement, in order that funding may proceed in accordance with the Commission approved Action Plan for fiscal year 2014-2015 in the amount of $4,000. FY 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 423 Fern Street, Suite 200, West Palm Beach, , Florida 33401. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received, directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. 1 b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of$500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II am STATEMENT OF WORK The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." Nolk ARTICLE III Adlhk FUNDING AND METHOD OF PAYMENT immmmi�, 3.1 The maximum amount payable by the CITY under this Agreement will be Four Thousand Dollars and 00/100 ($4,000.00). 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse $250.00 per seminar/session. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 The CITY will be billed by the SUBRECIPIENT and will be disburse $500.00 per unit for a minimum of six (6) unduplicated client cases for fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Delray Beach residents tow 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit for each seminar/session conducted, the following documentation: a. An agenda displaying the date, time, and location of the session/seminar conducted (the NS Division must have been notified in advance of the same, as required in the Scope of Service, item (b); b. A list of invitees/attendees for each session/seminar; c. A request for funds/invoice; d. Proof that each seminar/session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report); e. A grantee performance report generated for each seminar showing summary statistics on race, ethnicity, and income level of clients served by the program. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. 2 ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2014, to September 30, 2015. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, NM d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that maybe imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. IV ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 4 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). 5 c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that 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 any federal Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY 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 Agreement. IN 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause xq%,x a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. 144ffiffib,61 b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. MID c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. 6 d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. Er 40% 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. AL 1111MOok, 1.4 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. 1W IWL� Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for$25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. 19516 law All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. 7 All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day 8 period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: To the extent provided by law, the SUBRECIPIENT shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the SUBRECIPIENT, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20_, by , who is personally known to me. NNOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney 9 ATTACHMENT "A" SCOPE OF SERVICES The SUBRECIPIENT has been awarded CDBG funds to assist with the provision of fair housing education and outreach events and housing enforcement, landlord tenant counseling and foreclosure representation for eligible residents in Delray Beach. Services shall be provided at various venues in Delray Beach and at the SUBRECIPIENT's office located at 423 Fern Street, Suite, 200, West Palm Beach, FL 33401. At least 51% of the beneficiaries served under this Agreement must be low and moderate-income persons, adjusted for family size, as published annually by HUD for this area. Upon the following terms and conditions: a. Conduct a minimum of four (4) fair housing seminars annually for Delray Beach residents, housing industry groups (including lenders, property managers, and realtors), community groups, civic associations, and/or schools, within the municipal boundaries of the CITY. SUBRECIPIENT compensation shall beat the predetermined rate of$250.00. b. Provide a minimum of six (6) units of unduplicated fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Delray Beach residents. SUBRECIPIENT compensation shall be at a predetermined rate of $500.00 per unit. IV' 1W c. Each seminar or session will be conducted following notification of the Neighborhood Services Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). 46, 1W d. Each seminar/session must be adequately marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to NS Division prior to seminar/session). VEL e. Reimbursement of expenses will be provided upon completion of each seminar/session, at the predetermined amount of $250.00 per seminar/session, with the total maximum reimbursement not exceeding $1,000.00 (for the four seminars/sessions). f. All seminars/sessions will be open to participants, free of charge. Legal Aid Society of Palm Beach County, Inc. shall provide 1. Conduct a minimum of four (4) Housing Industry Provider / Community Education Sessions for residents of Delray Beach, including school-age children and community organizations, upon the following terms and conditions. Seminars and sessions will be accomplished during the effective date of the contract period (October 1, 2014 through September 30, 2015). SUBRECIPIENT compensation shall be at a predetermined rate of 250.00 per seminar. 2. Provide a minimum of six (6) units of unduplicated fair housing enforcement, landlord tenant counseling and foreclosure representation services for eligible Delray Beach residents. SUBRECIPIENT compensation shall be at a predetermined rate of $500.00 per unit. 10 3. Conduct an ongoing media and public information campaign on fair housing, including publication and dissemination of any LEGAL AID SOCIETY of PALM BEACH COUNTY, INC. newsletter or publications. 4. Operate a telephone hotline that will provide the public with a. information for victims of housing discrimination, b. referral services to file complaints and seek redress, and c. affordable housing and housing related referrals 5 Provide any additional project information or statistics that may be requested by HUD or the CITY. 6 Maintain a valid Data Universal Numbering System (DUNS) number and System for Award Management (SAM) registration for the entire period of agreement. 11 ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Advertising �I Bad debts �I Bonding �I Communication �I Compensation, personnel services �I Contingency provisions �I Contributions (to others) �I Depreciation, use allowance �I Donations (from others) �I Employee morale, health, welfare �I Entertainment �I Equipment ** Fines, penalties �I Fringe benefits �I Fund raising, interest, investment management �I Idle facility, idle capacity �I Insurance& indemnification �I Interest Labor relations �I Lobbying �I Losses on other awards �I Maintenance, repair �I Materials, supplies �I Memberships, subscriptions, professional activity �I Organization costs �I** Overtime, shift premiums �I** Page charges in professional journals(research) �I Participant support costs �I** Patent costs �I Pension plans �I Plant security �I Pre-award costs �I** Professional services �I Profits, losses on asset disposition �* Public information service *** Publication and printing costs *** Rearrangement, facility alteration ** Reconversion costs �I Recruiting �I Relocation �* Rental �I Royalties, use of patents, copyrights �I Severance pay �I Specialized service facilities �I Taxes �I Termination-related costs �I Training, education �I Transportation �I Travel �* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the SUBRECIPIENT does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SUBRECIPIENT indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The SUBRECIPIENT's Signature: w MEMORANDUM W TO: Mayor and City Commissioners FROM: Michael Coleman, Interim Director, Community Improvement Department THROUGH: Donald B. Cooper, City Manager DATE: January 30, 2015 SUBJECT: AGENDA ITEM 8.K.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)SUB-RECIPIENT FUNDING AGREEMENT/ACHIEVEMENT CENTER FOR CHILDREN AND FAMILIES(ACCF) BACKGROUND In accordance with 24 CFR 570.301, a Public Hearing was held before the City Commission on August 5, 2014, to obtain public comment on the proposed budget for the approval of the Community Development Block Grant Consolidated Action Plan for fiscal year 2014-2015. The Action Plan contains an appropriation for public service activity and was approved by the Commission. The major focus of funding to the ACCF under this Agreement will be providing day care, after-school care and related services to eligible children. At least 51% of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area). CDBG funds may be used for programmatic costs including, but not limited to, salaries of direct service personnel, training, insurance, office supplies and expenses, education supplies and materials, utilities, and sponsored events (field trips). Services under this program will be provided at the Center's main facility located at 555 NW 4th Street, Delray Beach, Florida and at Village Academy, 400 SW 12th Avenue, Delray Beach, Florida. CDBG Program regulations at 24 CFR 570.503 require written agreements prior to the disbursement of funds to sub-recipient organizations, specifying the work to be performed and reporting requirements, among other requirements and governing provisions. This agreement has been developed in accordance with the stated regulations and has been reviewed and approved by the City Attorney for legal sufficiency and form. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item before Commission is approval to execute an Agreement for funding in the amount of Fifty- Six Thousand, Seven Hundred Forty-Four Dollars and 00/100 ($56,744.00) with Achievement Centers for Children and Families (ACCF) under the 2014-2015 Community Development Block Grant (CDBG) Program. OPERATING COST There are no operating costs associated with this item. TIMING OF THE REQUEST Funding is being approved per FY14-15 Annual Action Plan approved by Commission on August 5, 2014. The public service allocation under the Community Development Block Grant program are to be used by September 30, 2015. FUNDING SOURCE Funding is available from 118-1966-554-82.09 (Community Development Block Grant/Neighborhood Services: Aid to Private Organizations/Child Care Center). RECOMMENDATION Staff recommends approval and execution of the attached agreement, in order that funding in the amount of Fifty-Six Thousand, Seven Hundred Forty-Four Dollars and 00/100 ($56,744.00) to ACCF may proceed in accordance with the Commission-approved Action Plan for fiscal year 2014-2015. FY 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF DELRAY BEACH and ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES THIS AGREEMENT is entered into between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES', hereinafter referred to as "the SUBRECIPIENT," having its principal office at 555 N.W. 4th Street, Delray Beach, Florida 33444-2734. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Delray Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate-Income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. 1 c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a nonconsumable nature, with a value of$500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this Agreement. ARTICLE II STATEMENT OF WORK The SUBRECIPIENT shall carryout the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifty-Six Thousand, Thirty-Three Dollars and 00/100 ($56,744.00). 3.2 The CITY will be billed by the SUBRECIPIENT and will disburse twelve (12) monthly payments in the amount of Four Thousand Seven Hundred Twenty-Eight Dollars and Sixty-Seven Cents ($4,728.67). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance. 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit the following documentation no later than the 10th day of each month covered by this Agreement, in a format prescribed by the CITY: a. Monthly grantee performance report as well as a narrative identifying the participant's levels of family income, race, ethnicity, and achievements of participants served by the program. b. Monthly timesheets and payroll reports reflecting actual time worked by the CDBG funded position and a completed Grantee Performance Report (monthly); c. Monthly Project Budget, detailing requested funds, included in this Agreement as "Attachment D." 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2014, to September 30, 2015. 2 ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, Agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time, by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT shall submit quarterly reports in a format prescribed by the CITY per the schedule in Article I I I of this Agreement. 6.3 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. 3 ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this Agreement, provided that such costs specifically further the objectives of this Agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this Agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovation and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 4 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried-out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this Agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this Agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 5 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that 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 any federal Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY 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 Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this Agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take 6 appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this Agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for$25,000 or less, shall be disposed of at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous Agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous Agreements with the CITY shall be listed in the property records of the 7 SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this Agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this Agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreement shall remain in full-force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the Agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this Agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this Agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this Agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30-day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 8 9.15 Indemnification: To the extent provided by law, the SUBRECIPIENT shall indemnify and hold harmless and defend the CITY, its agents, employees, and elected officers from and against any and all claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct or misconduct by the SUBRECIPIENT, its agents, employees or officers in the performance of services under this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. WITNESSES: ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES. By: Print Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of 20_, by , who is personally known to me. NOTARY PUBLIC Sign Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney 9 ATTACHMENT "A" SCOPE OF SERVICES The major focus of the ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES under this Agreement will be providing day care, after-school care and related services to eligible children. At least 51% of the beneficiaries of a project funded under this Agreement must be low- and moderate-income persons (as determined annually by HUD for the area). CDBG funds may be used for programmatic costs including, but not limited to, salaries of direct service personnel, training, insurance, office supplies and expenses, education supplies and materials, utilities, and sponsored events (field trips). Services under this program will be provided at the Center's main facility located at 555 N.W. 4th Avenue, Delray Beach, Florida and at Village Academy, 400 SW 12th Avenue, Delray Beach, Florida. The major tasks which the Achievement Centers for Children and Families will perform in connection with the provision of the eligible day care and after-school services include, but are not limited to, the following: a. Maintain facility at all times in conformance with all applicable codes, licensing, and other requirements for the operation of a day care center. The facility must also be handicapped accessible, and the day care services must be organized into separate areas appropriate for each of the age groupings being served (toddler— 12 months to 3 years, pre-school—3 to 4 years, pre- kindergarten —4 to 5 years and after-school/out-of school care -- 5 years to 14 years). b. Accept applications and perform eligibility determinations. At least 51 percent (51%) of the beneficiaries of subsidized day care must be low and moderate-income persons (as determined annually by HUD for the area). c. Offer day care services from 7:00 a.m. to 7:00 p.m. Monday through Friday, after-school/out-of- school services from public school closing time to 7:00 p.m. and Saturdays 6:00 a.m. to 8:30 p.m. to eligible families. d. Ensure that the numbers, background, and qualifications of the Achievement Center's for Children and Families' staff providing the on-site day care and any related services at all times are appropriate for the enrolled child population at the center and meet at least the minimum standards established by the pertinent licensing bodies. e. As part of the day care services, provide a range of structured social, educational, and cultural enrichment activities appropriate to the age groups being served. f. Maintain program and financial records documenting the eligibility, attendance, provision of services, and the Center's expenses relative to the children receiving day care services as a result of assistance provided through the CDBG program. ATTACHMENT "B" ALLOWABLE AND UNALLOWABLE COSTS UNDER OMB A-122 ITEM OF COST OMB A-122 NONPROFITS Unallowable Allowable Advertising �I Bad debts �I Bonding �I Communication �I Compensation, personnel services �I Contingency provisions �I Contributions (to others) �I Depreciation, use allowance �I Donations (from others) �I Employee morale, health, welfare �I Entertainment �I Equipment �I** Fines, penalties �I Fringe benefits �I Fund raising, interest, investment management �I Idle facility, idle capacity �I Insurance& indemnification �I Interest Labor relations �I Lobbying �I Losses on other awards �I Maintenance, repair �I Materials, supplies �I Memberships, subscriptions, professional activity �I Organization costs ** Overtime, shift premiums ** Page charges in professional journals(research) �I Participant support costs ** Patent costs �I Pension plans �I Plant security �I Pre-award costs ** Professional services �I Profits, losses on asset disposition �* Public information service *** Publication and printing costs *** Rearrangement, facility alteration ** Reconversion costs �I Recruiting �I Relocation �* Rental �I Royalties, use of patents, copyrights �I Severance pay �I Specialized service facilities �I Taxes �I Termination-related costs �I Training, education �I Transportation �I Travel �I* * Allowable under limited circumstances. ** Allowable only with prior permission from the CITY. *** Allowable only as a direct cost with permission from the CITY. ATTACHMENT "C" INSURANCE REQUIREMENTS WORKER'S COMPENSATION This coverage shall include Worker's Compensation Insurance covering all employees and include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. Thirty (30) day notice of cancellation is required and must be provided to the CITY via Certified Mail. COMMERCIAL GENERAL LIABILITY This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be ($1,000,000) per occurrence, Combined Single Limit for bodily Injury Liability and Property Damage Liability. THE CITY OF DELRAY BEACH MUST BE NAMED AS AN ADDITIONAL INSURED ON THE COMMERCIAL GENERAL LIABILITY POLICY. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. BUSINESS AUTOMOBILE LIABILITY The minimum limits of coverage shall be ($500,000) per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Thirty (30) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that the SUBRECIPIENT does not own any vehicles, we will accept hired and non- owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the SUBRECIPIENT indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. The SUBRECIPIENT's Signature: r MEMORANDUM r A.. TO: Mayor and City Commissioners FROM: Michael Coleman, Interim Director, Community Improvement Department THROUGH: Donald B. Cooper,City Manager DATE: January 30,2015 SUBJECT: AGENDA ITEM 8.L.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 EXTENSION OF FOOD TRUCK PILOT PROGRAM BACKGROUND The City Commission directed staff to draft an ordinance regulating Food Truck Vendors in the City of Delray Beach. A Staff committee was created to review ordinances adopted by municipalities and counties regulating Food Trucks throughout the country and consider appropriate regulations for Delray Beach. Staff met multiple times to review and discuss the ordinances, which helped in developing appropriate regulations to govern Food Trucks in Delray Beach. We focused on ordinances adopted by the cities of Hollywood, Boynton Beach, Ft. Lauderdale, West Palm Beach, Raleigh, NC and Portland, OR. The proposed regulations were presented to a stakeholder's group for consideration and discussion. It was suggested that prior to implementing a formal ordinance to regulate Food Trucks, that a pilot program for a 6-month period (September 2014—February 2015) be implemented using the proposed regulations. This would allow staff time to consider any necessary changes to the regulations based on the issues/concerns and feedback, which occurred during the pilot program. To date, there have been nine(9)Food Trucks that have obtained a license to operate under the pilot program. This item will be scheduled for a City Commission workshop meeting to determine if and how the Commission wishes to implement a formal Food Truck Ordinance defining hours of operation and locations. DISCUSSION Commission consideration to extend the Food Truck Pilot Program for an additional six (6) months (March 1,2015 -August 31,2015). OPERATING COST There are no operating costs associated with this request. TIMING OF THE REQUEST This item is time-sensitive since the pilot program expires February 28,2015. RECOMMENDATION Motion to approve the extension of the Food Truck Pilot Program for 6 months (March 1, 2015 - August 31,2015). i CITY OF DELRAY MAIN DELRAY BEACH L V F I L A All-America City Proposed Food Truck Regulations r I (Filet Program) PYlot Program: i w) The Pilot Food Truck Program will be in effect from September 1, 2014 to February 28, 100 1 2015. The proposed Regulations provided below will be adhered to during the pilot program period. Application Process: Where will be no application fee required for food trucks to operate during the Pilot Program. An application processing fee of $500 (non-refundable) is required with an annual renewal process fee of $150 per year. The application requires proof of the following: Delray Beach Business Tax Receipt (BTR), vehicle registration, Florida Department Business Regulation license, property owner permission to operate form (selected sites of operation), proof of insurance, health inspection and grease removal vendor. Definitions: (list will be expanded under the Ordinance) Food Cart: A movable, non-motorized cart operated by a Mobile Food Vendor, which sells pre-packaged food such as, soft pretzels, hot dogs, ice cream, snow cones or non- alcoholic beverages. Food Truck: A vehicle (including trailers) operated by a Mobile Food Vendor used to prepare and sell food at multiple locations, typically operating at one location for more than 30 minutes. Lunch Truck: A vehicle operated by a mobile food vendor used to sell pre-packaged food such as, sandwiches, snacks and non-alcoholic beverages at multiple locations, typically operating at one location for less than 30 minutes. Food Truck Vendor: Any person engaged in the selling or offering for sale food, beverages or merchandise outdoors from a mobile vending vehicle or from his/her person and not from an enclosed structure, as defined in the Land Development Regulations. Food Truck Regulations—City of Delray Beach 09/2014 Zoning Districts Allowed/Prohibited: Proposed zoning districts where Food Trucks may be allowed to operate: • Automotive Commercial (AC) • Planned Office Center (POC) • Planned Commerce Center (PCC) • Mixed Industrial&Commercial (MIC) • Planned Office District (POD) • Mixed Residential Office &Commercial (MROC) • Light Industrial (LI) • Industrial (I) Food Trucks will be prohibited in the following areas: • City Parks, City parking lots (except when approved as a part of special events) • Municipal Beach,A-i-A and public rights-of-way • Municipal Cemetery • Residentially zoned neighborhoods • Unimproved surfaces,vacant lots and abandoned business locations • Cannot sell from a moving vehicle; drive-up sales will be prohibited General Regulations: 1. A minimum distance location of a Food Truck in relation to any like-food restaurant or outdoor dining areas of 200 ft.; a distance of 15 ft. from fire hydrants and storm drainage structures and 50 ft. separation where two (2) or more Food Trucks are permitted on the same site (not applied to special events). 2. No free-standing signage or audio amplification is permitted. No advertising, except the posting of prices, identification of the name of the products or the name of the vendor on the vehicle. (Provision for posting of menu and pricing will be specified in the Ordinance). 3. No outdoor seating allowed (except as a part of an approved special event). 4. The hours of operation are 9:ooam to io:oo pm each day of the week. A Food Truck is allowed to operate at an approved site up to a maximum of 4 days per week but no more than 3 consecutive days. A Food Truck can operate at each site 4 hrs. Food trucks must be removed from permitted locations during impermissible hours of operation and cannot be stored, parked or left overnight on any public street. Food Truck Regulations—City of Delray Beach 09/2014 5. Food Truck vendors shall remove all waste and trash at the end of each day and under no circumstances shall grease be released in the City's sanitary sewer system. No liquid waste or grease is to be disposed in tree pits or onto the sidewalks, streets or other public space. 6. Food Truck shall not exceed 10 ft. in width, including any side extensions of awnings, 24 ft. in length, including the length of any trailer hitch, the trailer or other extensions. 7. Food Trucks must be self-contained when operating, except for the required trash and/or recycling receptacles, which must be in contact with the Food Truck, in a safe location and shall not impede free movement of automobiles or pedestrians. The vendor shall keep all areas within five (5) feet of the truck clean of grease, trash, paper, cups or cans associated with the vending operation. 8. Food Trucks cannot sell or distribute alcoholic beverages (exception may be associated with a special event and must have the required liquor license). 9. Regulation of maintenance requirements of all approved Food Trucks (licensed and permitted —state, city and/or county); Food Truck vendor shall be liable for damages and repairs to streetscape, trees and vegetation, sidewalks, streets or other public amenities that relate to its operations. lo.Food Truck vendors shall not sell anything other than what they are licensed to vend. Penalties x, Violation of Ordinance: If the Food Truck operator or property owner is found to be in violation of the Ordinance, a fine will be issued. For the first offense, a $100 fine will be issued; for the second offense a $300 fine will be issued; the permit will be revoked upon the issuance of a third violation. 2. If, at any time, the Florida Department of Business Regulation revokes or suspends the Food Truck vendor license, the City's permit to the vendor shall be deemed to have been simultaneously revoked or suspended. 3. Any vendor's license that is revoked shall have the right to file a written appeal to the City Manager within 10 calendar days after the notice of revocation is issued. The City Manager's decision may be appealed to the Commission. Enforcement: Code Enforcement/Police Department Questions: Please contact Janet Meeks at 561/243-7221 or Jen Buce at 561/243-7138 3TFood Truck Regulations—City of Delray Beach 09/20,14 1 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Donald B. Cooper, City Manager DATE: January 26, 2015 SUBJECT: AGENDA ITEM 8.M.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 AMENDMENT TO USER AGREEMENT/ELITE PROTECTION SERVICES BACKGROUND The proposed three year agreement is a renewal of an existing three year agreement between the City of Delray Beach and Elite Protection Services (Elite). Elite provides security and initial emergency medical services (EMS)response within the Delaire Country Club. DISCUSSION Elite Protection Service provides security and initial response to medical calls for service within Delaire Country Club. The purpose of the agreement is to establish dispatch protocols, the roles and responsibilities of first responder personnel at an emergency scene, and the documentation required for patient care. OPERATING COST Not applicable. TIMING OF THE REQUEST This request is timed to provide for the uninterrupted continuation of the agreement. FUNDING SOURCE Not applicable. RECOMMENDATION The Fire Department recommends approval of the Elite Protection Services agreement. STANDARD FORM OF AGREEMENT BETWEEN THE CITY OF DELRAY BEACH FIRE-RESCUE DEPARTMENT AND ABM SECURITY SERVICES, INC DBA ELITE PROTECTION SERVICES THIS AGREEMENT is entered in this 1 day of March,2015 between the CITY OF DELRAY BEACH, FLORIDA,on behalf of the FIRE-RESCUE DEPARTMENT(hereinafter referred to as"Fire-Rescue")and ELITE PROTECTION SERVICES(hereinafter referred to as"Elite"). Whereas,the City of Delray Beach on behalf of Fire-Rescue,desires to enter into this Agreement with Elite for the purpose of establishing dispatch protocols,the roles and responsibilities of first responder personnel at an emergency scene,and the documentation required for patient care rendered pursuant to Chapter 64J-2 of the Florida Administrative Code Now,therefore,the parties agree as follows: 1. Recitations.The above recitations are incorporated as if fully set forth herein. 2. Dispatch Protocols. a. Dispatch.The City of Delray Beach 911 Emergency Dispatch Center shall be the primary public safety answering point for all requests for emergency medical services within Delaire Country Club and will be responsible for the dispatch of Fire-Rescue units.Elite agrees to advertise the use of 911 for the reporting of fire and medical emergencies and to discourage its residents from notifying Elite before using the 911 system.Elite will advertise no other number to the residents of Delaire Country Club for the purpose of reporting fire and medical emergencies.Elite will immediately retransmit all requests for fire and emergency medical assistance to the City's communications center. b. Communications while En Route.Radio communications between Fire-Rescue and Elite while en route will be accomplished using the assigned MED/COM frequency. Such communications shall be utilized when the patient or the scene is unstable,when necessary to affect the safety of responding personnel and,when necessary to transmit vital information to the responding Fire- Rescue unit upon completion of the primary survey of the patient,when situation permits. 3. First Responder Roles and Responsibilities. a. Intent.The intent of this section is to identify Elite's responsibility to both the patient and to Delray Beach Fire-Rescue.It is also to clearly establish Fire-Rescue as the final authority over patient care and transport,as provided by current Certificate of Public Convenience and Necessity issued by Palm Beach County. b. Responsibility Upon Arriving.Upon arriving at an emergency scene,Elite will assess for scene safety and determine whether it is feasible to enter.If the scene is not safe,Elite will retreat to safety.Elite will notify all other responding units of the situation and request law enforcement to respond.Elite will stay until the arrival of Fire-Rescue,at which time;Fire-Rescue will assume responsibility for the call. c. Patient Assessment.Upon patient contact,Elite shall begin patient assessment and initiate care of any sick or injured person. d. Care protocols.All care provided by Elite shall be in accordance with the Palm Beach County Uniform Advanced Life Support Protocols,as adopted by the Palm Beach County EMS Medical Directors Association.Elite shall also provide to Fire-Rescue a copy of their infectious diseases policy and procedures. e. First Responder Duties.Elite will function only as an ALS First Responder by using certified Paramedics carrying a full set of Advanced Life Support medications and equipment as required by Chapter 401,Florida Statutes and Chapter 64J-2,Florida Administrative Code for an Advanced Life Support,Non-Transport vehicle. Such care shall only be provided prior to the arrival of Fire- Rescue units and only within the private property of Delaire Country Club. f. Transport Decisions.Decisions concerning the transport of emergency medical patients shall remain the sole authority and responsibility of Fire-Rescue.Fire-Rescue shall be the exclusive provider of advanced Life Support transport. 4. ALS First Responder Qualifications.Elite's Paramedics shall be certified by the State of Florida and will meet all qualifications and educational requirements as set forth in Chapter 401,Florida Statues,and Chapter 64J-2 Florida Administrative Code. 5. Documentation of Patient Care Rendered by First Responder. a. Documentation Requirements.Elite shall provide documentation required for patient care pursuant to Chapter 64J-2 of the Florida Administrative Code.In addition,but not as a limitation,Elite will provide to Fire-Rescue written documentation of vitals(with time taken),chief complaint,age and sex of patient,assessment findings,interventions,by whom performed and time performed. Such information shall be provided to the responding Fire-Rescue unit verbally upon arrival of that unit and prior to Fire-Rescue's departure from the scene,in a preliminary,written report to include at a minimum,vital signs,chief complaints and all interventions. b. Quarterly Reports.Elite will provide to Fire-Rescue on a quarterly basis copies of all medical run reports to which Elite responded to on Delaire Country Club's property. Such report shall include all patient assessments,treatments/interventions,responses to treatments/interventions,response, assessment and treatment times.The paramedic rendering treatment must sign the medical report. Fire-Rescue shall use these reports for Quality Assurance purposes,and as such,they shall be deemed confidential.All such reports will be forwarded to Fire-Rescue Headquarters,in care of the Rescue Division. 6. Notifications of Exposure to Infectious Disease.If a potential or actual exposure to infectious disease occurs during a call within Delaire Country Club,Fire-Rescue shall notify Elite as soon as Fire-Rescue has confirmed same with the receiving hospital. Should Elite become aware of a potential or actual exposure that involves response personnel,Elite shall notify Fire-Rescue as soon as possible.Each agency shall be responsible for providing appropriate scare to its own personnel in the event of such an exposure. 7. Period of Agreement shall begin August 1,2014 and shall end August 2,2017 unless terminated earlier as herein provided.This agreement may be renewed for a period of one additional year,upon the express written consent of the City. 8. Termination.This agreement may be terminated without cause by either party,upon receipt of written notice to the other party.In addition,this Agreement may be terminated by the City for cause,which shall include,but not be limited to lack of compliance with applicable rules,laws and regulations;failure to perform in a timely manner;conduct injurious to proper patient care and safety or any other reasonable cause.Termination for cause shall be effective upon mailing or hand-delivery of a Notice of Cancellation. 9. Indemnification.Elite shall indemnify and hold harmless the City of Delray Beach an its officers,agents and employees for any cause of action or claim of whatever kind or nature including,but not limited to, negligence,gross negligence,intentional torts arising out of the performance of this Agreement,including every act or omission in the performance of this Agreement. This indemnification and hold harmless agreement shall not include any negligent acts of the City.The City does not waive its immunity under Florida Statue 768.28. 10. Insurance.Elite shall obtain Comprehensive Liability Insurance in the amount of$1,000,000.00 per occurrence from a company rated A+or better by the BEST Guide.Elite shall name the City as an additional insured.The insurance certificate shall state that the City shall have thirty(30)days prior notice of cancellation.This insurance shall remain in full force and effect during the term of this Agreement. 11. Notice and Contact.At any time should there be an issue concerning fulfillment of this MOU,notice of this issue shall be transmitted as soon as possible to the other party to insure that it is immediately addressed and resolved to the satisfaction of all.All notices shall be in writing(or e-mail)and sent to the address listed below. a. Name,address,telephone number and fax number of the contact person for the City is as follows: Fire Chief Danielle Connor Delray Beach Fire-Rescue Department 501 West Atlantic Avenue Delray Beach,FL 33444 Phone:(561)243-7410 Fax:(561)243-7461 connorgmydekaybeach.com b. Name,address,telephone number and fax number of the contact person for Elite Protection Services is as follows: Ray Pradines,Director of EMS 5840 Corporate Way,Suite 102 West Palm Beach,FL 33410 Phone:(561)478-9983 Fax:(561)478-9910 ray.nradines(a abm.com 12. Venue.This Agreement shall be constructed under the laws of the State of Florida,and venue for any actions arising out of this Agreement shall lie in Palm Beach County.If any provision hereof is in conflict with any applicable statue or rule,or is otherwise unenforceable,then such provision shall be deemed null and vid to the extent of such conflict,and shall be deemed severable,but shall not invalidate any other provision of this Agreement. 13. Waiver.No waiver by the City of any right or remedy granted hereunder or failure to insist on strict performance by Elite shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder,or affect the subsequent exercise of the same right or remedy by the City for any further or subsequent default by Elite.Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 14. Counterparts.The Agreement may be executed in any number of counterparts,any one of which may be taken as an original. 15. Legal Authority.Each party represents that the person signing this Agreement has the legal authority to bind the parties to this Agreement. 16. Modification;Entire Understanding.This Agreement may be amended,in writing,by mutual agreement of the parties.All prior understanding and agreements between the parties with respect to such matters are merged into this Agreement which alone,fully and completely express their understanding. 17. No Assignment.This Agreement shall not be assigned. 18. City Signature Required.This Agreement shall not be valid,unless signed by the City Manager or the Mayor. 19. Filing of Agreement Required.This Agreement shall not be valid unless field with the Bureau of Emergency Services,Department of Health,4052 Bald Cypress Way,Tallahassee,FL 32399-1738,in accordance with the Florida Administrative Code,pursuant to Florida Statue Section 401.435. 20. PUBLIC RECORDS City is a public agency subject to Chapter 119,Fla. Stat. Second Party shall comply with all public records laws in accordance with Chapter 119,Fla. Stat. In accordance with state law,Purchaser agrees to: Keep and maintain all records that ordinarily and necessarily would be required by the City. Provide the public with access to public records on the same terms and conditions that the City would provide for the records and at a cost that does not exceed the costs provided in Chapter 119,Fla. Stat. or as otherwise provided by law. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. Meet all requirements for retaining public records and transfer, at no cost, to the City all records in possession of the Second Party at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. All records shall be transferred to the City prior to final payment being made to the Second Party. If Second Party does not comply with this section, the City shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 21. INSPECTOR GENERAL. Second Party is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and may demand and obtain records and testimony from Second Party and its sub licensees and lower tier sub licensees. Second Party understands and agrees that in addition to all other remedies and consequences provided by law,the failure of Second Party or its sub licensee or lower tier sub licensees to fully cooperate with the Inspector General when requested may be deemed by the City to be a material breach of this Agreement justifying its termination. In witness whereof,the parties have caused this Agreement and one counterpart,both of which shall constitute originals,to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: Chevelle Nubin Mayor Cary Glickstein City Clerk By: By: Noel Pfeffer Danielle Connor,Fire Chief City Attorney Delray Beach Fire-Rescue By: Craig Kushnir,D.O.,Medical Director Delray Beach Fire-Rescue ABM SECURITY SERVICES,INC.DBA ELITE PROTECTION SERVICES By: Raymond Pradines Chief—Emergency Medical Services STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2015,by (name of officer or agent,title of officer or agent)of (name of corporation acknowledging),a(state or place of incorporation)corporation,on behalf of the corporation.He/She is personally known to me or has produced (type of identification)as identification. Signature of Notary Public State of Florida w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Donald B. Cooper, City Manager DATE: January 14, 2015 SUBJECT: AGENDA ITEM 8.N.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 ADVANCED APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000/ZOLL MEDICAL CORPORATION BACKGROUND The Fire Department currently purchases all of its cardiac monitoring equipment as well as other critical medical equipment from Zoll Medical Corporation. These purchases are budgeted and occur throughout the year. Total FY 2015 spending will be the result of multiple purchases,not to exceed$50,000. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02 (B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REOUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for these services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of cardiac monitoring equipment as well as other critical medical equipment from Zoll Medical Corporation not to exceed $50,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at$25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Donald B. Cooper, City Manager DATE: January 14, 2015 SUBJECT: AGENDA ITEM 8.0.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 ADVANCED APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000/MUNICIPAL EQUIPMENT COMPANY BACKGROUND The Fire Department currently purchases all of its structural firefighting clothing (bunker gear) and much of its loose firefighting equipment, e.g., fire hose, nozzles, tools, etc. from Municipal Equipment Company. These purchases are budgeted and occur throughout the year. Total FY 2015 spending will be the result of multiple purchases, not to exceed$150,000. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02 (B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REOUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for these services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of structural firefighting clothing (bunker gear) and loose firefighting equipment, e.g., fire hose, nozzles, tools, etc. from Municipal Equipment Company not to exceed $150,000, and further finds that such acquisitions are in compliance with Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Donald B. Cooper, City Manager DATE: January 14, 2015 SUBJECT: AGENDA ITEM 8.P.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 ADVANCED APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000/FISHER SCIENTIFIC COMPANY LLC BACKGROUND The Fire Department currently purchases the majority of its monitoring/identification equipment for hazardous materials response and its self-contained breathing apparatus (SCBA) supplies and equipment from Fisher Scientific Company LLC. These purchases are budgeted and occur throughout the year. Total FY 2015 spending will be the result of multiple purchases, not to exceed$50,000. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION By approving the recommended motion, the Commission is not waiving or overriding any provisions of the City's purchasing code adopted in November 2013. When they occur, single acquisitions over $25,000 will be submitted for Commission approval under Code Section 36.02(A), "Sealed Competitive Method"; smaller acquisitions will be approved at the City Manager and departmental levels under Code Sections 36.02 (B), "Written Quotations Method" and 36.02(C), "Direct Acquisitions Method". By approving the recommended motion, the Commission is recognizing that multiple unpredictable purchase decisions that are likely to occur over the course of the year will total over $25,000. This amount of spending requires prior Commission approval under Code Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year". TIMING OF THE REOUEST This request is timed to provide for the uninterrupted continuation of City operations. FUNDING SOURCE Funding for these services is provided for in the approved FY 2015 budget. RECOMMENDATION Approve by majority vote the following motion: That the City Commission approves FY 2015 acquisitions of hazardous materials monitoring/identification and SCBA supplies and equipment from Fisher Scientific Company LLC not to exceed $50,000, and further finds that such acquisitions are in compliance with Code Section 36.03 (B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year", provided that each transaction meets all other applicable provisions of the code including separate Commission approval for any individual transaction at $25,000 or above. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Danielle Connor, Fire Chief THROUGH: Donald Cooper, City Manager DATE: January 27, 2015 SUBJECT: AGENDA ITEM 8.0.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY: REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT BACKGROUND This is an Interlocal Agreement between Palm Beach County and the City of Delray Beach for the purpose of reimbursement of emergency medical services grant equipment. DISCUSSION The Fire Department has been awarded a competitive grant for the purpose of purchasing emergency medical services equipment. Under the stipulations of the agreement, the City must first purchase the equipment and submit to the County for reimbursement of funds not to exceed $17,780. These funds will be used to purchase computer tablets for electronic patient care reporting (ePCR). These tablets will replace outdated laptop computers previously budgeted for. OPERATING COST Not applicable. TIMING OF THE REQUEST Not applicable. FUNDING SOURCE Funding is currently available in budget 001-2315-526-64-90. RECOMMENDATION The Fire Department recommends commission approval of the Interlocal Agreement between Palm Beach County and the City of Delray Beach for the Reimbursement of Emergency Medical Services Grant Equipment. INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR THE REIMBURSEMENT OF EMERGENCY MEDICAL SERVICES GRANT EQUIPMENT THIS INTERLOCAL AGREEMENT ("Interlocal Agreement" or "Agreement" or "contract") is made as of the day of , 2015, by and between the Board of County Commissioners, Palm Beach County, a political subdivision of the State of Florida (herein referred to as COUNTY), and the City of Delray Beach a municipal corporation of the State of Florida (herein referred to as the CITY), each one constituting a public entity as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, The Department of Health, Bureau of Emergency Medical Services (DOHEMS) is authorized by Chapter 401, Part II, Florida Statutes, to dispense grant funds. Forty-five percent (45%) of these funds are made available to the 67 Boards of County Commissioners (BCCs) throughout the State to improve and expand pre-hospital Emergency Medical Services (EMS) in their county; and WHEREAS, DOHEMS County grants are only awarded to Boards of County Commissioners (BCC), however, each BCC is encouraged to assess its countywide EMS needs and establish priorities before submitting a grant application; and WHEREAS, the COUNTY may reimburse and disburse the State trust funds to licensed emergency medical providers; and WHEREAS, the COUNTY agrees to reimburse the CITY from its FY2014-2015 EMS State grant funds for the purchase of four (4) tablets and accessories ("EQUIPMENT" or "EMS equipment") and the CITY agrees to accept said reimbursement under the terms and conditions of the EMS State grant and this Agreement. Now, therefore, in consideration of the mutual promises contained herein, COUNTY and CITY agree as follows: ARTICLE 1 —RECITALS The above recitals are true, correct and incorporated herein. Page 1 of 6 ARTICLE 2 -REPRESENTATIVE/MONITORING POSITION The COUNTY'S representative/Agreement monitor during the term of this Agreement shall be Sally Waite,whose telephone number is (561) 712-6484. The CITY'S representative/contact monitor during the term of the Agreement shall be EMS Chief Dave Wetzel,whose telephone number is (561) 243-7440. ARTICLE 3 -PAYMENT TO TOWN The total amount to be paid by the COUNTY from its FY2014-2015 EMS grant funds for the purchased EMS Equipment as reimbursement to the CITY under this Agreement shall not exceed a total amount of seventeen thousand seven hundred and eighty dollars ($17, 780.00). The CITY shall purchase the EQUIPMENT and submit the required documentation for reimbursement (referenced in Article - 4) to the COUNTY Representative at least ninety (90) days before the expiration of the FY2014-2015 EMS State Grant. Approved documentation will be processed by the County Finance Department for payment to the CITY. ARTICLE 4- GRANT PROGRAM REQUIREMENTS CITY SHALL: A. Comply with general requirements, and conditions of the State EMS County Grant Program. B. Submit to the COUNTY Representative on or before September 30, 2015 copies of paid receipts, invoices, or other documentation acceptable to the Palm Beach County Finance Department to establish that the purchase of the EQUIPMENT was incurred by the CITY. C.Immediately return the purchased EQUIPMENT to the COUNTY, should the CITY cease to operate its pre-hospital emergency medical services during the life of the equipment. D.Submit a training report to the COUNTY'S Division of Emergency Management to include a sign in sheet, date, title and contact number of the persons trained for the EQUIPMENT within 90 days of the effective date of this Agreement. This report shall include all of the necessary training provided for the EQUIPMENT and will be the responsibility of the CITY purchasing the EQUIPMENT to provide the training. CITY's failure to satisfactorily complete the training in the timeframe provided shall constitute a breach of contract. As such, COUNTY may terminate this Agreement and demand return of the EQUIPMENT. Page 2 of 6 ARTICLE 5—LIABILITY/INDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence. To the extent permitted by law, and without waiving sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes, the CITY agrees to indemnify, defend and hold harmless the COUNTY against any actions, claims or damages arising out of the CITY'S use, care and maintenance of the EQUIPMENT. ARTICLE 6—FILING A copy of this Interlocal Agreement will be filed with the Clerk of Circuit Court in and for Palm Beach County. ARTICLE 7-AVAILABILITY OF FUNDS The COUNTY'S performance and obligation to pay under this Agreement is contingent upon annual appropriations from the FY2014-2015 EMS State grant funds. On-going costs for EMS, maintenance and replacement of the EQUIPMENT is the responsibility of the CITY and will not be funded under this grant program. Such costs remain the responsibility of CITY. The COUNTY shall have no further obligation to the CITY, or any other person or entity. ARTICLE 8—REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the COUNTY and/or the CITY. ARTICLE 9—ARREARS The CITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any Interlocal Agreement, debt, obligation, judgment, lien, or any form of indebtedness. The CITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Interlocal Agreement. ARTICLE 10 -ACCESS AND AUDITS The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CITY'S place of business. Page 3 of 6 Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the CITY, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. ARTICLE 11 —NONDISCRINIINATION The CITY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. CITY has submitted to COUNTY a copy of its non-discrimination policy which is consistent with the above, as contained in Resolution R-2014-1421, as amended, or in the alternative, if CITY does not have a written non-discrimination policy, it has acknowledged through a signed statement provided for COUNTY affirming their non-discrimination policy conforms to R-2014- 1421, as amended. ARTICLE 12-AUTHORITY TO PRACTICE The CITY hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct pre-hospital emergency medical services during the life of the equipment. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. ARTICLE 13—SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 14—NOTICE All notices required in this Interlocal Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall be addressed to: Sally Waite, EMS Manager 20 South Military Trail Page 4 of 6 West Palm Beach, FL With copy to: Palm Beach County Attorney's Office 301 North Olive Ave.—6th Floor West Palm Beach, Florida 33405 If sent to the CITY,notices shall be addressed to: EMS Chief Dave Wetzel 501 West Atlantic Avenue Delray Beach, FL 33444 ARTICLE 15-ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CITY agree that this Interlocal Agreement sets forth the entire Interlocal Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 16-EXPIRATION OF INTERLOCAL AGREEMENT This Interlocal Agreement shall automatically expire in five (5) years or upon the expiration of the life of the EQUIPMENT, whichever comes first, in accordance with the State EMS County Grant Program. At such time, the CITY may dispose of said EQUIPMENT as surplus property with no further municipal purpose. ARTICLE 17-EFFECTIVE DATE This Interlocal Agreement shall become effective when signed by both the COUNTY and the CITY. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 5 of 6 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Interlocal Agreement on behalf of the COUNTY and CITY has hereunto set its hand the day and year above written. PALM BEACH COUNTY CITY OF DELRAY BEACH BOARD OF COUNTY COMMISSIONERS By: By: Vincent J. Bonvento City Representative Director of Public Safety APPROVED AS TO FORM APPROVED AS TO FORM AND LEGAL SUFFICIENCY AND LEGAL SUFFICIENCY By By County Attorney City Attorney APPROVED AS TO TERMS APPROVED AS TO TERMS AND CONDITIONS AND CONDITIONS By By Division Director City Representative Page 6 of 6 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: January 23, 2015 SUBJECT: AGENDA ITEM 8.R.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 ACCEPTANCE OF WATER AND SEWER EASEMENT DEEDS/DELRAY MEDICAL CENTER INC. BACKGROUND Delray Medical Center is located at 5270 Linton Boulevard, refer to location map. In 2013 the project initially received Site Plan Approval for the Bed Tower Addition. Their approval included addition of a new building, parking and landscaping improvements. The water and sewer mains require relocation to accomodate, and provide service, to the new Bed Tower Addition. Subsequently, water and sewer easements are required in order to allow City crews to access and perform maintenance operations. DISCUSSION Acceptance of a Water and Sewer Easement Deed and a Water Easement Deed with Delray Medical Center Inc. TIMING OF THE REOUEST High importance; easements are required prior to building permit issuance and application is currently being processed for Site Plan Certification. RECOMMENDATION By motion, acceptance of the water and sewer easement deeds. Viat NORT 1 inch=400 fe t 7%; �� .F VIA y f °, t�.. a• .�. �. 4 7U A "�\ �.� a - _o ems. ", _. •��`^ ✓ y .,. � c ... '\",w�•",r'� '"l�,�;�,tip�.,��` ,�,s *1 �,�-' �/ �,�, 11�y �Y_ ,.� W Linton Blvd A n t � '• _ r L �'- - Ii�.e'-_ (Ilf lll!"?�FFFk .A�\ '�•: .. "} Alf - fY Las Verdes Way Our AN Zi _ } e -~ DELRAY MEDICAL CENTER LOCATION MAP Oocumen,Path:S\Eng CADD\GIS\Projects\KrasnoffAerial_of_City mxtl Prepared by:RETURN: Environmental Services Department 434 S. Swinton Avenue Delray Beach,Florida 33444 EASEMENT DEED THIS INDENTURE,made this day of , 20_,by and between Delray Medical Center Inc, A Florida Corporation, with a mailing address of_5252 Linton.Blvd, Delray Beach, FL 33484 , party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida,party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water/ sewer main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water/sewer main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit"A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. 1 Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FIRST PART By: K1C_V*'T\ C t'.'z'k, ,} (name printed or typed) WI NES S 4 r (name printed or typed) STATE OF COUNTY OF The foregoing instrumerpt . was o led ed before me this day of CwC1LJ >< 200 by ' $� .. .,. (name of officer or agent), of dig � C (- (name of corp ration), a �br0a� (State or place of incolpora on) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did/did not take an oath. ' Signature of Not r lic- State of ':�''�`1 o! . (SEAL) , TINA MAllUCCO YP va1 b". Notary Public-Slate of Florida a H1y comm.Expires mar 19,2015 commission# EE 45320 'qj 6`ww Handed Thr©_rh Nalianal Notary Assn. ......... ... ..... ... .. . 2 DESCRIPTION & SKETCH PREPARED FOR; DELRAY MEDICAL CENTER WATER MAIN & SANITARY . SEWER EASEMENT DELRAY MEDICAL CENTER LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 46 SOUTH, RANGE 42 EAST,PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE SOUTH 890 56'07" EAST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 439.11 FEET; THENCE DEPARTING SAID NORTH LINE,SOUTH 000 03`53" WEST, A DISTANCE OF 520.19 FEET; THENCE SOUTH 890 56'07" EAST,A DISTANCE OF 16.90 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02"19'35" EAST, A DISTANCE OF 219.63 FEET THENCE SOUTH 890 48'08" EAST, A DISTANCE OF 9.78 FEET; THENCE NORTH 000 12'21" EAST, A DISTANCE OF 10.15 FEET; THENCE SOUTH 89°48'08" EAST, A DISTANCE OF 487.86 FEET; THENCE SOUTH 00011'52" WEST, A DISTANCE OF 9.99 FEET; THENCE SOUTH 89°48`08" EAST, A DISTANCE OF 57.26 FEET; TO REFERENCE POINT 'A';THENCE SOUTH 010 22'25" EAST, A DISTANCE OF 62.81 FEET; THENCE SOUTH 890 55'30" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 010 22'25" EAST, A DISTANCE OF 38.67 FEET; THENCE SOUTH 28°21'22" EAST, A DISTANCE OF 120.91 FEET; THENCE SOUTH 610 47'59" WEST, A DISTANCE OF 11.90 FEET; THENCE NORTH 280 24'07" WEST, A DISTANCE OF 17.71 FEET; THENCE SOUTH 61°35'53" WEST, A DISTANCE OF 10.61 FEET; THENCE NORTH 310 54'36" WEST, A DISTANCE OF 76.25 FEET; THENCE NORTH 010 22'25" WEST, A DISTANCE OF 33.61 FEET; THENCE NORTH 28°24'07" WEST, A DISTANCE OF 22.01 FEET; THENCE NORTH 010 22'25" WEST, A DISTANCE OF 6.51 FEET; THENCE NORTH 891 48'08" WEST, A DISTANCE OF 63.96 FEET; THENCE NORTH 000 04'30" EAST, A DISTANCE OF 66.80 FEET; THENCE NORTH 890 48'08" WEST, A DISTANCE OF 29.03 FEET; THENCE SOUTH 006 11'52" WEST, A DISTANCE OF 17.87 FEET; THENCE NORTH 890 48'08" WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 000 11'52" EAST, A DISTANCE OF 17.87 FEET; THENCE NORTH 890 48'08" WEST, A DISTANCE OF 375.26 FEET; THENCE SOUTH 000 11'52" WEST, A DISTANCE OF 13.32 FEET; THENCE NORTH 89°48'08" WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 000 11'52" EAST, A DISTANCE OF 13.32 FEET; THENCE NORTH 890 48'08" WEST, A DISTANCE OF 41.09 FEET; THENCE SOUTH 020 19'35" WEST, A DISTANCE OF 208.22 FEET; THENCE NORTH 870 40'25" WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL= COMMENCING AT REFERENCE POINT 'A'; THENCE SOUTH 440 24'44" WEST, A DISTANCE OF 16.74 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 010 22'25" EAST, A D[STANCE OF 54.83 FEET; THENCE NORTH 890 48'08" WEST, A DISTANCE OF 51.65 FEET; THENCE NORTH 000 04'30" EAST, A DISTANCE OF 54.92 FEET; THENCE SOUTH 890 48'08" EAST, A DISTANCE OF 50.27 FEET TO THE POINT OF BEGINNING. SURVEYOR'S NOTES: 1. THIS DRAWING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 3 THE DESCRIPTION SKETCH AND THE D SCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION I NOT LESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL. DESCRIPTIO ALI ITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED AN APPER EMPLOYED BY LIDBERG LAND SURVEYING, INC. 5. DATE OF LEGAL. D I � E BER 2, 2014 LIDBERG L N5TE( IN . ABBREVIATIONS: III l ( POB = POINT OF BEGINNING BY: DAVID POC = POINT OF COMMENCEMENT PROFESSIONAL SURVEt OR AND MAPPER ORB = OFFICIAL RECORD BOOK FLORIDA CERTIFICATE" NO, 3613 R ! R L � D 1./ , l G L I'"'1 N D REp, K:\115T \ 264642 \ 97-115-303D \ 97-115-303D.6GN LL I FLD. FB. PG. 400 97-115-303D SU V E Y I N G , INCi OFF. L,�,G, DATE 12,02114 675 West Indiontown Road, Suite 200, SHEET OF OWG. Ju iter Florida 33458 TEL. 561-746°8454 CKD. D.C.L. 1 AP-115F I<aUST1264642\97-115-303D\97-115-303D.DGN 12/1012014 3:15:40 PM DESCRIPTION & SKETCH PREPARED FOR: DELRAY MEDICAL CENTER WATER MAIN & SANITARY SEWER EASEMENT DELRAY MEDICAL CENTER NORTH LINE, NORTHEAST QUARTER, SECTION 26/46/42 ----- —;--„- - - - - - - - P.O.C,439.111 S890 48108 11E 9.78' NORTHWEST CORNER, S89° 48'08"E 487.86' A26NI SECTION TOWNSHIP N00° 12'21"E 10,15' 46 SOUTH, RANGE 42 EAST N89° 48'0$"W `�`41.09' N890 48'08"W 375.26' S00° 11'52"W �. LU 13.32' LU N890 48'08"W �' 12.00' LU W N N00° co 11'52"E N o 13.32' I? N 0 0 cn W o � N o C N Z 0 cn P.D.B. N87° 40' ABBREVIATIONS S890 56'07' 25"W E POB a POINT OF BEGINNING 16.9x' 12.00' POC POINT OF COMMENCEMENT ORB = OFFICIAL. RECORD BOOK LIDBERG LAND CAD. K\UST \ 264642 \ 97-115-303D \ 97-115-303D.DGN n REF. SURVEYING 7 I N i + . FLD FB. PG Jfls 97-115-303D �+ OFF. L.J.C. DATE 12/02/14 LB4431 675 West Indiantown Road,Suite 200, SHEET OF DWG. Ju iter Florida 33458 TEL. 561-746-8454 CKO, D.C.L. 2 A97 115F K:\UST\264642\97-115-303D\97-115-303D.DGN 12/10/2014 3:15:48 PNI DESCRIPTION & SKETCH PREPARED FOR: DELRAY MEDICAL CENTER WATER MAIN & SANITARY SEWER EASEMENT DELRAY MEDICAL CENTER Soo" 11'52"W 17.87' S00° 11'52"W 9.99' S890 48'08"E 487.86' 57.2fi' P.O.C. REFERENCE S89° 48'08"E POINT 'A' CV N S440 24`44"W , cN89° 48'08"W E :a) 50.27; 375.26' P.O.B. t2' N N o0 W o 12' Lu LESSED OUT N' S89° 55 '30` E N00° 11'52"E a �y o o& 17.87 10.00' o 51.65- � N890 O N890 48'08"W N89 48 08 W z 12.00' 3 N890 48'08"W N890 48'08 63. ' 388..67' 22'25"E 29.03' 96' N010 22'25"W 6.51' N280 24'07"W d° 22.01' N010 22'25"W <�, 33.61' S610 35'53"W 10.61' ABBREVIATIONS- N280 24'07"W POB = POINT OF BEGINNING 17.71' 5610 47'59"W POC = POINT OF COMMENCEMENT ORB = OFFICIAL RECORD BOOK 11.90" LIDBERG LAND Rte. K:\115T \ 254642 \ 97-115-3D3D \ 97-115-303D.DGN FLD. FB. PG. JOB 97-115-3D3D LSURVEYING , INC . OFF. L.J.G. _ _ DATE 12,02,14 675 West Ind;ontown Road, Site 200, SHEET OF DWG. 1 64431 Jupiter,Florida,33458 TEL. 561-746-8454 M. D.C.L. 3 A97-115F K:\UST\264642\97-115-303D\97-115-303D.DGN 12/10/2014 3:15:52 PM Prepared by:RETURN: Environmental Services Department 434 S. Swinton Avenue Delray Beach,Florida 33444 EASEMENT DEED THIS INDENTURE, made this day of , 200 , by and between Delray Medical Center Inc, A Florida Cozporation, with a mailing address of 5252 Linton Blvd Delra Beach, FL 33484, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida,party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such water main well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit"A" Concomitant and coextensive with this right is the further right in the parry of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. 1 Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #1: PARTY OF THE FIRST PART B . Y (name painted or typed) WI ESS #2• Gy,C (name printed or typed) STATE OF ',- t ` COUNTY OF f The foregoing instrument.. was aetnowledged before me this c)3 day of 2001'5by "'I (name of officer or agent), of es C)€C C ,sec (name of core ration), a V kowi6c, (State or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of ide >ification)T identification and did/did not take an oath. � �. Signature of Igo ary 'u is - State of -. (SEAL) Y=QiPAYPUei TINA+MAllUCCO � e.n Natary Public -S#ate of Florida My Comm.Expires Naar 19,2015 1`p Commission#E-E 453213 Banded Through National Notary Assrt. 2 iP DESCRIPTION & SKETCH PREPARED FOR: DELRAY MEDICAL CENTER 12' WIDE WATER MAIN EASEMENT DELRAY MEDICAL CENTER LEGAL DESCRIPTION A 12 FOOT WIDE STRIP OF LAND LYING IN SECTION 26, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS* COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE SOUTH 89"56'07" EAST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 439.11 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00°03'53" WEST, A DISTANCE OF 542.49 FEET; THENCE SOUTH 89°56'07" EAST, A DISTANCE OF 41.44 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED CENTERLINE; THENCE SOUTH 0011 03'48" WEST, A DISTANCE OF 7,01 FEET; THENCE SOUTH 450 00'00" WEST, A DISTANCE OF 8.58 FEET; THENCE SOUTH 00009'39" EAST, A DISTANCE OF 20.96 FEET TO REFERENCE POINT 'A'; THENCE CONTINUE SOUTH 000 09'39" EAST, A DISTANCE OF 28.33 FEET; THENCE SOUTH 45'00'00" EAST, A DISTANCE OF 18.63 FEET; THENCE SOUTH 00°09'59" WEST, A DISTANCE OF 13.03 FEET TO THE POINT OF TERMINUS. TOGETHER WITH THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT REFERENCE POINT 'A'; THENCE NORTH 896 50'21" EAST, A DISTANCE OF 13.87 FEET TO THE POINT OF TERMINUS. ABBREVIATIONS: POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT ORB = OFFICIAL RECORD BOOK L A N D RED. K:\UST \ 2fi4642 \ 47-115-3030 \ 97-115-303D.DGN L I D B E R G FLD. - FB. PC, JOB 97-115-303D LLSURVEYING , INCO OFF. L.J.C. DATE 12/02/14 675 West lndiontown Rood, Suite 200, SHEET OF M. LB4431 Ju iter Florida 33458 PEL. 561-746-8454 CKD. D.C.L. Z.. p97 115E K:NUST1264642197-115-3030197-115-303D.DGN 12/10/2014 3:15:57 PIN DESCRIPTION & SKETCH PREPARED FOR: DELRAY MEDICAL CENTER 12' WIDE WATER MAIN EASEMENT DELRAY MEDICAL CENTER NORTH LINE, NORTHEAST QUARTER, SECTION 26/46/42 ®�---- —;--„ _ _------------------------�----------------------�--------------- S89 56'07''- 6 07 -E P.O.C.439.11' NORTHWEST CORNER, cn NORTHEAST QUARTER, N SECTION 26, TOWNSHIP 46 SOUTH, RANGE 42 EAST �n 0 0 0 V) P.O.B. s89°56'07"1 S00°,03'48"W 41.44' 7.01 5450 00'00"W S00° 09'39"E i 8.58' 20.96 POINT P.O.B. OF TERMINUS REFERENCE POINT 'A' 6.0 N890 50'21"E 0 13.87' S00 09 39 E S45 00 00 E 28.33' 18.63' S00° 09'59"W 13.03' POINT OF TERMINUS ABBREVIATIONS: POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT ORB = OFFICIAL RECORD BOOK LIDBERG LAND CAD, K;\UST \ 264642 \ 97-115-303D \ 97-115-303D.DGN REF. SURVEYING , INC . FLD. FB. PG 9 D3D OFF, L,j,c, nnrF 1z/02/1 iDZila 675 West indiontown Road Suite 200, LB.4431 Ju iter.Ftvrido 3 CKD.3458 TEL.561-746-8454 . . . D.C.L. SNEE.T....... .. OF. ..L....... DWG. A97-115F.... KAUST\264642\97-1 15-303D\97-1 15-303D.DGN 12/10/2014 3:16:02 PM Z J Z 2H • a �a p Z - v�Z >�ozm rUa � •� °6 O U�IUH�KAj)�Wj)j iISHX31N3W3SV3 U�az • 3 °Opp Q N c w a +� p �z w C 0 w a� ap = s 6 4D- — I-- • dill ° rJ -------_YIi I I h I i 'I I I 9 9 4 ? I I_..1 I ciw z �o� � Q w I III I II I , , zz s I oll U x I ° L-4 —3e--3e--3�—- ----------------------------_ —®_— :mw `—•_ � ssss�ssx :s ��—s: ssss t!I CERTIFICATE OF THE SECRETARY OF DELRAY MEDICAL CENTER, INC. I, Kristina A. Mack, hereby certify that (i) I am the duly appointed, qualified and acting Secretary of Delray Medical Center, Inc., a Florida corporation doing business as Delray Medical Center (the "Corporation"), and (ii) I am authorized to execute this certificate on behalf of the Corporation. The following resolutions were duly adopted by written consent of the Sole Director of the Corporation, effective as of November 30, 2012, and said resolutions have not been amended or rescinded and remain in full force and effect as of the date of this Certificate. "RESOLVED, that Mark H. Bryan, as President of the Corporation, be, and he hereby is, authorized to petition for planning, zoning and land use code amendments to the City of Delray Beach, Florida, and that his execution of any and all documents related thereto, attested by the Secretary of the Corporation with the corporate seal affixed, shall be the official act and deed of the Corporation; RESOLVED FURTHER, that Mr. Bryan be, and he hereby is, granted the power and authority to do all things necessary or advisable to carry out the intent of the foregoing resolution; and RESOLVED FURTHER, that any and all prior actions taken by Mr. Bryan on behalf of the Corporation be, and they hereby are, ratified, approved and confirmed in all respects." IN WITNESS WHEREOF, I have hereunto set my hand this 3`d day of December 2012. [CORPORA T E SEAL] By: e,- h". A . MtdL Kristina A. Mack STATE OF TEXAS ) SS COUNTY OF DALLAS ) BEFORE ME, the undersigned notary public, duly commissioned and qualified in the state and county aforesaid, personally appeared Kristina A. Mack, the Secretary of Delray Medical Center, Inc., a Florida corporation, and the signature above is her genuine signature. SWORN TO and subscribed before me this 3`d of December 2012. :';"- VERONICA CHINCARINI otary Public,state of Texas My Commission Expires Notary Public wwaxl November 09, 2015 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Holly Vath, Chief Purchasing Officer Jack Warner, Chief Financial Officer THROUGH: Donald B. Cooper, City Manager DATE: January 28, 2015 SUBJECT: AGENDA ITEM 8.S.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 APPROVAL OF FY 2015 SPENDING GREATER THAN$25,000 WITH SUNGARD PUBLIC SECTOR BACKGROUND The SunGard Public Administration software has two modules available for web access which would enhance the service level to our employees and vendors. The total cost of the two modules, which includes installation and training, is $14,285. The first module is the Employee Self-Serve module. This would allow each employee to view their pay information through a web browser. The City will reduce costs by eliminating the printing and distribution of direct deposit vouchers to employees. We currently print approximate 750 vouchers per pay period. The City would save approximately $1,950 in hard costs and $1,950 in personnel costs annually. Employee current earnings, benefits, and tax information would be available to them 24 hours a day. Each employee would have a secure login and password to the web portal. The second module is the Vendor Self-Serve module. This would allow new vendors to register online. Existing vendors will have access to their purchasing and accounts payable information. A vendor will be able to look up the status of their purchase orders and payments. Vendor inquiries will be reduced saving staff time. Also, Vendors will be able to provide email addresses which the City can utilize to communicate with vendors saving postage and staff time. SunGard is the sole source vendor which can supply software upgrades to their copyrighted software. The City Commission has previously approved two software maintenance contracts with SunGard Public Sector in the amount of$325,548. The City Manager has already authorized required software enhancements in the amount of $13,350. The additional costs not previously approved by the Commission would be $27,635. By approving the recommended motion, the Commission is recognizing that multiple purchase decisions will total over $25,000. This amount of spending requires prior Commission approval under Chapter 36, Section 36.03(B), "Multiple Acquisitions from Vendor Exceeding $25,000 in Any Fiscal Year." FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. RECOMMENDATION Approve acquisitions from SunGard Public Sector of$27,635 in compliance with Chapter 36, Section 36.03(B), Multiple Acquisitions from Vendor Exceeding $25,000 in any Fiscal Year. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Chevelle D. Nubin, City Clerk THROUGH: Donald B. Cooper, City Manager DATE: February 12, 2015 SUBJECT: AGENDA ITEM 8.T.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 RESOLUTION NO. 14-15 BACKGROUND This resolution is per City Charter, Section 5.07 (A) and accompanies the Vote Processing Equipment Use and Elections Services Agreement with Ms. Susan Bucher, Palm Beach County Supervisor of Elections, for conducting municipal elections. Resolution No. 14-15 provides the process for conducting the municipal election to be held on March 10, 2015. DISCUSSION The item before the Commission is approval of Resolution No. 14-15 regarding the March 10, 2015, First Non-Partisan Election. RECOMMENDATION Recommend approval of Resolution No. 14-15 regarding the March 10, 2015, First Non-Partisan Election. RESOLUTION NO. 14-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A NONPARTISAN ELECTION TO BE HELD ON TUESDAY, MARCH 10, 2015; AND A SECOND NONPARTISAN ELECTION, IF NECESSARY, TUESDAY, MARCH 24, 2015; ALL ELECTIONS SHALL BE HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE NONPARTISAN ELECTION SHALL PROVIDE FOR THE ELECTION OF A MAYOR AND TWO CITY COMMISSIONERS; PROVIDING THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, provide for Nonpartisan Elections to be held on the second Tuesday in March of each year for the electorate to fill the vacant offices at such time; and WHEREAS, if two or more candidates tie for the highest number of votes from all electors casting ballots for that seat for Mayor or Commissioner, then these candidates shall be declared candidates for a second nonpartisan election to be held on Tuesday, March 24, 2015;and WHEREAS, in the year 2015, three (3) offices in the City of Delray Beach are necessary to be filled at the Nonpartisan Election;and WHEREAS, the City Commission directs that the Nonpartisan Election be held on Tuesday, March 10, 2015;and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a Nonpartisan Election, and if necessary, a Second Nonpartisan election, and to provide all notices required in accordance with Article V, "Elections" of the Charter of the City of Delray Beach, Chapter 34, "Elections", and General Law. WHEREAS, the purpose of this Resolution is to update Resolution No. 72-14 passed and adopted on December 9, 2014 and provide further direction to the Supervisor of Elections regarding ascertaining the returns and the results of the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully set forth herein. Section 2. That the City Commission authorizes the holding of a Nonpartisan Election. Section 3. That the Nonpartisan Election shall be held and is hereby ordered to be held in the City of Delray Beach, Palm Beach County, Florida between the hours of 7:00 am and 7:00 pm on the 101h day of March, 2015 for the purpose of electing qualified candidates as provided by law to fill three (3) City Commission seats. Section 4. The City Clerk is authorized to enter into agreements to establish polling locations for the March 10, 2015 Nonpartisan Election; and the March 24, 2015 Second Nonpartisan Election, if necessary, and is further authorized to designate polling locations within the municipal boundaries in accordance with applicable laws and state guidelines. Section 5. The City Clerk is hereby authorized to assign sufficient poll workers to facilitate all the precincts within the municipal boundaries; schedule training for poll workers and to establish a pay scale applicable to the duties and responsibilities of the election staff. Section 6. The Palm Beach County Supervisor of Elections shall provide for use of the voting equipment and process absentee ballots for said elections and is hereby authorized to provide the necessary training to the poll workers as approved by the City Clerk. Section 7. Immediately after closing of the polls on the day of said elections, the clerks of each precinct shall present the returns thereof to the City Clerk at City Hall. The City Clerk of the City of Delray Beach shall deliver to the Palm Beach County Supervisor of Elections returns for official results to be processed. Section 8. Pursuant to Section 5.05 of the City Charter of the City of Delray Beach, the Supervisor of Elections shall ascertain the votes of the City election and deliver the results to the Mayor and the City Clerk who shall transmit such returns to the Commission at a meeting to be held not more than three (3) days after such election. Section 9. That the City Commission hereby authorizes the City Clerk to provide all notices and to take all steps necessary to hold the Nonpartisan Election as hereby provided. Section 10. That the City Commission shall convene not later than three (3) days after such election and shall canvass the returns and, in the absence of a declaration of a contest by any of the candidates in such election, shall declare the results of the election as shown by the returns made by the Supervisor of Elections. Section 11. That the City Clerk, no later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. Section 12. That this resolution shall become effective immediately upon passage. 2 RES. NO. 14-15 PASSED AND ADOPTED this 24th day of February, 2015. MAYOR ATTEST: City Clerk 3 RES. NO. 14-15 w MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: February 12, 2015 SUBJECT: AGENDA ITEM 8.U.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 PROCLAMATIONS WHEREAS, multiple myeloma, the second most common blood cancer worldwide, is a cancer of plasma cells in the bone marrow. It is called "multiple" because the cancer can occur at multiple sites;and WHEREAS, multiple myeloma currently affects more than 100,000 people in the United States,with an estimated 20,000 new cases diagnosed each year and 10,000 losing their battle each year;and WHEREAS, once a disease of the elderly,it is now being found in increasing numbers in people under the age of 65;and WHEREAS, because multiple myeloma is a rare disease, there can be a delayed diagnosis leading to delayed treatment. For this reason, an increased awareness of multiple myeloma for clinicians and the general public will lead to earlier diagnosis allowing people to live longer;and WHEREAS, continued investment and innovation is critical to achieve early diagnosis and implement the most effective and safest treatments for multiple myeloma patients;and WHEREAS, although we have seen important advances in the last decade, there is still no cure for Myeloma. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of March 2015 as: MULTIPLE MYELOMA AWARENESS MONTH in the City of Delray Beach and encourage all residents to participate in voluntary activities to support Myeloma education and the funding of research programs to find a cure. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 24`h day of February,2015. CARY D. GLICKSTEIN MAYOR WHEREAS, Delray Beach residents and visitors engage in bicycling as a viable and environmentally sound form of transportation and an excellent form of physical activity and recreation;and WHEREAS, the State of Florida recognizes March officially as Bicycle Month and Palm Beach County will recognize it locally,and WHEREAS,Palm Beach County supports efforts to make bicycling a safer and more widely chosen mode of transportation;and WHEREAS, Florida Bicycle Month features a number of fitness opportunities and events for riders of all ages to enjoy throughout the month at various parks and locations through Palm Beach County;and WHEREAS, the Palm Beach Metropolitan Planning Organization (PBMPO) plans and recommends projects to make bicycling more accessible as well as develops comprehensive public information and community education efforts aimed at improving bicycle safety for all ages,and WHEREAS,through these efforts Palm Beach County and its municipalities have more than 145 miles of designated bicycle lanes and 27 miles of shared-use pathways, with many additional miles planned,and WHEREAS, the development of additional bicycle facilities and innovative solutions will make the bicycling experience,at any age level,more inviting,comfortable,and safe,and WHEREAS,the recognition of Florida Bicycle Month will raise awareness of bicycling and ultimately promote physical activity and healthy lifestyles by elevating bicycling as a more widely accepted choice of transportation. NOW, THEREFORE, I, CARY D. GLICKSTEIN, Mayor of the City of Delray Beach, Florida,on behalf of the City Commission do hereby proclaim the month of March as: 5�tid a J3*c& Mon& in the City of Beach,encourage its residents and visitors to bicycle safely and to always be aware of cyclist on our roads. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Official Seal of the City of Delray Beach,Florida,to be affixed the 24th day of February,2015. CARY D.GLICKSTEIN MAYOR WHEREAS, the Naoma Donnelley Haggin Boys and Girls Club of Delray Beach was started in April of 1999 and moved to its current location in May 2005; and WHEREAS, the club has a diverse culture with a total membership of 524, the average daily attendance is 200-240; and WHEREAS, the club has provided a safe alternative for Delray's youth during out-of-school time from 7:30 a.m. to 6:00 p.m. and afterschool from 2:00 p.m. to 8:00 p.m., five (5)days a week; and WHEREAS, the Boys and Girls Club works to help youth of all backgrounds develop the qualities needed to become responsible citizens and leaders; and WHEREAS, the club offers daily access to a broad range of programs in six core program areas: 1) character and leadership development; 2) education and career development; 3) health and life skills; 4) the arts; 5) sports, fitness and recreation; and 6)technology; and WHEREAS, the club is a 21St century learning center which provides the youth with the opportunity to work with certified teachers each day after school to improve their academic performance in reading, math, and science; and WHEREAS, the club offers monthly educational and family fun nights for all parents and guardians of the youth it serves through the Family Liaison Initiative; and WHEREAS, over the last 17 years the Boys and Girls Club has reached millions of youth via their services and community involvement; their main objective is not to change lives but to save lives". NOW, THEREFORE, I, CARY D. GLICKSTEIN, MAYOR of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize March 19, 2015 as BOYS AND GIRLS CLUB DAY and call upon all citizens to join in recognizing and commending the Boys & Girls Club in our area for providing their everyday contributions and commitment to improving the lives of the children and young adults in our communities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 24th day of February, 2015. CARY D. GLICKSTEIN MAYOR WHEREAS, recognition should be given to the value of trees in our community and the need for a continual city-wide forestry program for the benefit of all persons;and WHEREAS, the holiday to recognize the importance of trees in our lives,was proclaimed at the federal level in 1970,by President Richard Nixon and is celebrated the last Friday in April as National Arbor Day;and WHEREAS, the National Arbor Day Foundation, in cooperation with the U.S. Forest Service and the National Association of State Foresters, sponsor a project known as "Tree City USA"in an effort to make every community in America abetter place in which to live;and WHEREAS, the protection and proliferation of trees within the City of Delray Beach is governed by regulations for the purpose of promoting the health, safety, welfare, and aesthetic quality of the community by realizing the importance of trees for oxygen production,carbon dioxide absorption, dust and air pollution filtration, wind and noise reduction, soil erosion prevention, surface drainage improvement,energy conservation,beautification and aesthetic enhancement of all lands in the City;and WHEREAS, the City of Delray Beach has been recognized as a "Tree City USA" community by the National Arbor Day Foundation for the fifteenth(15)time;and WHEREAS,the City of Delray Beach will celebrate Arbor Day with plantings in the month of May 2015;and WHEREAS, the optimum time of the year for planting most species of trees in the Southeastern Florida is in the springtime due to the mild temperatures and the beginning of the wet season. NOW,THEREFORE,I,CARY D. GLICKSTEIN,Mayor of the City of Delray Beach, Florida,on behalf of the City Commission,do hereby proclaim April 22,2015 as: "ARBOR DAY" in the City of Delray Beach, Florida, and urge all citizens, schools, businesses and community organizations to join with me in recognizing the value and the need for trees within our community. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Official Seal of the City of Delray Beach,Florida,to be affixed this 3`a day of March 2015. Cary D. Glickstein MAYOR w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: February 6, 2015 SUBJECT: AGENDA ITEM 8.V.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hear appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Planning and Zoning Board Meeting of January 26, 2014 There were no appealable items considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval with conditions (7 to 0), of an abandonment of an unimproved (unpaved) street right-of-way lying west of the intersection of NW 4th Avenue and Enfield Road (and immediately south of 502 NW 4th Avenue). The street right-of-way to be abandoned is 25 feet wide and extends approximately 140 feet west of NW 4th Avenue. B. Recommended approval with conditions (6 to 0), of a conditional use request to allow the manufacturing of concrete cast stone products for non-structural architectural elements within the Industrial (I) zoning district for Premier Stoneworks, located at 1455 SW 4th Avenue (on the east side of SW 4th Avenue, between SW 10th Street and Linton Boulevard). C. Recommended denial (4 to 3, Jay Jacobson, Steve Mackey and Robin Bird voted to approve), of a conditional use request to allow the expansion of the existing church to accommodate an increase in the gross floor area of the existing church sanctuary from 1,600 square feet to 4,520 square feet. The additional floor area increases the size of the sanctuary from a seating capacity of 125 seats to 215 seats, and provides for a new 1,275 sq. ft. fellowship hall and restrooms for John 3:16 Evangelical Baptist Church, located on the east side Carl Bolter Drive (formerly known as Brant Drive) between Avocet Road and Bluebird Drive. Site Plan Review and Appearance Board Meeting of January 28, 2015 1. Approved (6 to 0, Terra Spero absent), a Class II site plan modification, landscape plan and architectural elevation plan associated with architectural elevation and floor plan modifications for two buildings located at 213 South Latitude Circle within the Latitude Delray, development located at the northwest corner of South Federal Highway and Lindell Boulevard. 2. Approved (5 to 0, Andrew Youngross stepped down and Terra Spero absent), a Class II site plan modification and architectural elevation plan associated with the construction of a new pocket park, at the southeast corner of the Cannery Row development, which is located on the west side of Pineapple Grove Way (NE 2nd Avenue) between NE 3rd Street and NE 4th Street. The landscape plan was approved on a 4 to 1 vote (James Chard dissenting, Andrew Youngross stepped down and Terra Spero absent). 3. Approved with conditions (6 to 0, Terra Spero absent), a Class III site plan modification associated with the construction of a 165 sq. ft. building addition to accommodate new restrooms, a storage area and a laundry area with a washing machine and dryer for The Caring Kitchen, located at the southwest corner of Dr. Martin Luther King Jr. Drive (NW 2nd Street) and NW 8th Avenue (196 NW 8th Avenue). 4. Approved with conditions (6 to 0, Terra Spero absent), a Class IV site plan modification, landscape plan associated with the construction of a new hospital wing for the Delray Medical Center, located on the south side of Linton Boulevard, west of Military Trail (5270 Linton Boulevard). The architectural elevation plan was approved on a 5 to 1 vote (Alice Finst dissenting and Terra Spero absent). Historic Preservation Board Meeting of February 4, 2015 Approved with conditions (5 to 2, Price Patton and Rhonda Sexton dissenting), a Certificate of Appropriateness associated with the construction of a one-story single family residence on a vacant parcel located at 135 Dixie Boulevard within the Del-Ida Park Historic District. FINANCIAL DEPARTMENT REVIEW N/A DISCUSSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of January 25, 2015 thru February 6, 2015. OPERATING COST N/A TIMING OF THE REQUEST There is no sensitivity to this matter. RECOMMENDATION Recommend that the item is forwarded to the City Commission for action. RECOMMENDATION (to the City Commission) By motion,receive and file this report. Attachment: Location Map CITY COMMISSION MEET A&0 0.25 0.5 1 Miles APPEALABLE ITEMS I I I NORTH FEBRUARY 24, 2015 PLANNING &ZONING DEPARTMENT j � a > � m �p U C O _.._.._.._ti ._.._.._.._.._u_.._.._.. C._.._. .._.._d Z �.._• z 1 > C 1 � p U) 5 1 Lm �� > 2 George Bush 1 a e a c0 2 1 �•— 3 1 ! �.._.. 1..._.. n St N 1 j ........... E t antic ve 1 Q 1 Atlantic Ave nd St j.j 0 _ U) j Q U) a 1 o 00 Q m 1 C co Sw 10th St SE 10t owson Blvd o U 1 4 > o � 1 n Blvd v, _ m ka E mton Blv 1 ............ 1 erman p o w 1 1 1 n > f 1 n U 1._.._e �.. ..� rn 1 0 1 U p 1 > 1 � o co Lin e .._.._.._.._.._.._.._.._.._.._.._.._.._.._.._ .._.._.._.._ �..�.e• U SPRAB: HPB: 1. LATITUDE DELRAY 3. THE CARING KITCHEN 5. 135 DIXIE BLVD. 2. CANNERY ROW 4. DELRAY MEDICAL CENTER Document Path: S:\Planning &Zoning\DBMS\GIS\City Commission Maps\City Commission Map 2-24-15.mxd w MEMORANDUM r TO: Mayor and City Commissioners FROM: DATE: February 12, 2015 SUBJECT: AGENDA ITEM 8.W.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 AWARDS OF BIDS AND CONTRACTS r MEMORANDUM r TO: Mayor and City Commissioners FROM: Edward DeMicco, Risk Manager Shirley O'Neal McKennon, Human Resources Director THROUGH: Donald B. Cooper, City Manager DATE: January 30, 2015 SUBJECT: AGENDA ITEM 8.W.1-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 BID AWARD/THE GEHRING GROUP(RFQ 2015-12) BACKGROUND Request City Commission to consider an award to The Gehring Group for Employee Healthcare Benefit Consultant for a 6 year term, in an amount not to exceed $130,000 annually for the first three (3) years, and$137,000 annually for years 4-6. Staff solicited bids through the formal competitive bid process (RFQ #2015-12), in which the City received four responses. A Selection Committee was formed at the direction of the City Manager to review the responses. The Selection Committee recommends granting the award to The Gehring Group. Bid tabulations are attached. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION This is a request for the City Commission to consider award to The Gehring Group,in the amount not to exceed$130,000 annually for the first three (3)years, and$137,000 annually for years 4-6. TIMING OF THE REQUEST Timing is of high importance considering the upcoming Open Enrollment Process scheduled for February, 2015. FUNDING SOURCE Funding is available from the Risk Management Professional Services account number 551-1576-591- 31.90. RECOMMENDATION By motion, City Commission to approve award to The Gehring Group in the amount of $130,000 annually for the first three (3)years, and$137,000 annually for years 4-6. SELECTION COMMITTEE MEETING Minutes RFQ No. 2015-12 EMPLOYEE HEALTHCARE BENEFITS CONSULTANTS Thursday, January 29, 2015 at 4:00 P.M. ESD Conference Room 434 South Swinton Avenue Delray Beach, FL 33444 Committee Members Present Mr. Edward DeMicco Ms. Francine Ramaglia Mr. Jack Warner Staff Present Holly Vath Shirley McKennon 1. Call to order Mr. DeMicco called the meeting to order for RFQ 2015-12, Employee Healthcare Benefits Consultants. 2. Selection Committee Discussion The Committee discussed the pricing proposals. Ms. Ramaglia suggested both firms were still very close and would the committee consider a coin-flip to decide. Mr. Warner and Mr. DeMicco rejected the coin-flip idea. Ms. Ramaglia stated teh A vote was called with the results as follows: Mr. DeMicco Gallagher Benefits Services Ms. Ramaglia Gehring Group Mr. Warner Gehring Group The Committee recommendation is the Gehring Group. Mr. DeMicco will prepare the Commission agenda item. Purchasing will supply summary minutes of the selection committee meeting and other supporting documentation. 3. Adjournment With no other business for discussion, Mr. DeMicco adjourned the meeting. SELECTION COMMITTEE MEETING Minutes RFQ No. 2015-12 EMPLOYEE HEALTHCARE BENEFITS CONSULTANTS Wednesday, January 14, 2015 at 9:00 A.M. CITY HALL — COMMISSION CHAMBERS 100 NW 1 ST AVENUE, DELRAY BEACH, FL 33444 Committee Members Present Ms. Francine Ramaglia Mr. Jack Warner Mr. Edward DeMicco Staff Present Holly Vath Ja'Anal Dowdell 1. Call to order Mr. DeMicco called the meeting to order for RFQ 2015-12, Employee Healthcare Benefits Consultants. 2. Selection Committee Discussion The Committee reviewed the reference information. The Committee scored each of the firms the composite scores were: Firm Total Points Gallagher Benefit Services 286 Gehring Group 285 Willis of Florida 275 Ascension Benefits 260 The Committee discussed both Gallagher and Gehring Group were equally qualified. The Committee then decided to get pricing proposals from the top two firms. 3. Future Meeting Dates The next meeting will be held on January 29, 2015 at 4:00 P.M. 4. Adjournment With no other business for discussion, Mr. DeMicco adjourned the meeting. SELECTION COMMITTEE MEETING Minutes RFQ No. 2015-12 EMPLOYEE HEALTHCARE BENEFITS CONSULTANTS Wednesday, January 7, 2015 at 9:00 A.M. CITY HALL—COMMISSION CHAMBERS 100 NW 1ST AVENUE, DELRAY BEACH, FL 33444 Committee Members Present Ms. Francine Ramaglia Mr. Jack Warner Mr. Edward DeMicco Staff Present Holly Vath Ja'Anal Dowdell 1. Call to order Mr. DeMicco called the meeting to order for RFQ 2015-12, Employee Healthcare Benefits Consultants. 2. Gehring Group A presentation was given by Gehring Group. Committee members asked questions. 3. Gallagher Benefit Services A presentation was given by Gallagher Benefit Services. Committee members asked questions. 4. Willis of Florida, Inc. A presentation was given by Willis of Florida, Inc. Committee members asked questions. 5. Ascension A presentation was given by Ascension. Committee members asked questions. 6. Selection Committee Discussion The Committee discussed the next steps in the process. The committee would like Purchasing to contact references. The Reference Questions will be compiled by from the Committee members. Information from references will be gathered and distributed to the committee members. 7. Future Meeting Dates The next meeting will be held on January 14, 2015 at 9:00 A.M. 8. Adjournment With no other business for discussion, Mr. DeMicco adjourned the meeting. SELECTION COMMITTEE MEETING Minutes RFQ No. 2015-12 EMPLOYEE HEALTHCARE BENEFITS CONSULTANTS Wednesday, December 17, 2014 at 11:00 A.M. CITY HALL— 1St FLOOR CONFERENCE ROOM 100 NW 1ST AVENUE, DELRAY BEACH, FL 33444 Committee Members Present Ms. Francine Ramaglia Mr. Jack Warner Mr. Edward DeMicco Staff Present Holly Vath Ja'Anal Dowdell 1. Call to order and introductions Ms. Holly Vath called the meeting to order for RFQ 2015-12, Employee Healthcare Benefits Consultants. RFQ 2015-12, Employee Healthcare Benefits Consultants was published on November 3, 2014 with a due date of November 18, 2014. Four proposals were received from the following firms: Ascension Benefits and Insurance Solutions Gallagher Benefit Services, Inc. Gehring Group Willis of Florida The Selection Committee members were appointed by the Interim City Manager, Mr. Terry Stewart. The Cone of Silence for this RFP has been in effect since November 3, 2014. The Cone of Silence prohibits any communication between any firm or the firms representative, except for written correspondence directed to the purchasing manager, regarding this request for proposal and any member the City Commission, the City Commission's staff, any city employee authorized to act on behalf of the City to award the contract under this RFQ or any member of the selection committee. The RFQ and submitted proposals were distributed to the Selection Committee members. 2. Appoint a Chair The Committee voted to appoint Mr. Edward DeMicco Chair. 3. Selection Committee Discussion The Committee discussed the selection process and decided to ask all firms to make a presentation. The Selection Committee would like each proposer to address the following in their presentation: • Provide a strategy for the Wellness center including potential results. • Provide information about the actuarial service model proposed. • Provide information on the open enrollment software solution proposed. • Provide information about your business model including client service delivery. • Discuss the strategic advantages of your firm. • Discuss how your services will translate into the best service model for the City of Delray Beach. The Committee selected the presentation order using a random drawing. The presentation order will be: • Gehring Group • Gallagher Benefit Services • Willis of Florida, Inc. • Ascension 4. Future Meeting Dates The next meeting will be held on January 7, 2015 at 9:00 A.M. 5. Adjournment With no other business for discussion, Mr. DeMicco adjourned the meeting. w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manager DATE: January 27, 2015 SUBJECT: AGENDA ITEM 8.W.2-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 BID AWARD/JOHNSON-DAVIS,INC. BACKGROUND During routine maintenance of City owned culverts (7/15/14), Public Works inspected the Dover / Lowson Culvert. Public Works reported to engineering that the existing culvert pipes (96" & 60" Corrugated Metal Pipe)have deteriorated to the point of causing settlement on the north and south sides of the canal banks. Engineering performed an inspection of the culvert and confirmed the deteriorated culvert pipes along with settlement of the north and south canal banks (Exhibit A and B). Rehabilitation of the culvert could not be performed by in-house staff, therefore, engineering solicited formal bids to perform the required work to rehabilitate the culvert. Consider an award to Johnson-Davis, Inc. (JD) in the amount of$167,510 for the construction of the Dover/Lowson Culvert Replacement(Project#14-100; Bid#2015-23). Staff solicited bids through the formal competitive bid process. The city received six responses. The award is recommended to the lowest responsive bidder, Johnson-Davis, Inc. The recommendation for award is in compliance with Code of Ordinances, Chapter 36, Section 36.02 (A) (1) "Competitive Bids". Copies of the bid tabulation sheet (Exhibit C) and project location map are attached (Exhibit D). The project scope of work generally consists of the following: installation of an 84" and a 54" Culvert Liner, sandbag/concrete cap headwall, re-establishment of side banks, and the installation of protective guardrails. This project was reviewed and approved by Lake Worth Drainage District. DISCUSSION A request for City Commission to consider an award to Johnson-Davis, Inc. in the amount of$167,510 for construction of the Dover/Lowson Culvert Replacement(Project#14-100; Bid#2015-23). TIMING OF THE REOUEST All bids shall remain subject to acceptance for a period of ninety (90) days after the bid opening of January 22, 2015. Therefore, an award of the contract must take place by April 22, 2015 to guarantee the bidder's proposed contract prices. FUNDING SOURCE Funding is available from Account 448-5461-538.69-30 (Dover/Lowson Culvert Replacement). 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Cooper, City Manager DATE: January 26, 2015 SUBJECT: AGENDA ITEM 8.W.3-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 CONTRACT AWARD TO DB ECOLOGICAL SERVICES,INC. BACKGROUND Consider an award to DB Ecological Services, Inc. in the amount of$40,081.00 for the Marine Turtle Monitoring Services Project, (P/N 2014-097). The City of Delray Beach Marine Turtle Conservation program began in 1984. The 2.8 mile long study area begins just north of the Highland Beach/Delray Beach boundary to just south of the Ocean Ridge/Delray Beach City limit. The City of Delray Beach has participated in eight beach nourishment projects since 1973. The most recent sand nourishment project was completed last year in response to damages incurred by Hurricane Sandy (October 2012). As a condition of the beach renourishment permit granted by the Florida Department of Environmental Protection (FDEP), sea turtle monitoring must occur yearly each sea turtle nesting season. The Florida Fish and Wildlife Commission (FWC), qualifies and issues marine turtle permits under authority granted to the state through a Cooperative Agreement with the U.S. Fish and Wildlife Service (USFWS). The turtle conservation program requires reporting on hatching and reproduction success rates; also involves inventory and excavation of nests on Delray Beach's beach. The turtle monitoring task provides the City with vital information about the environmental health of the beach as a nesting habitat for endangered sea turtles. Staff solicited bids through the formal competitive bid process; three (3) responses were received by Purchasing. Based in Boca Raton Florida, DB Ecological Services, Incorporated has conducted beach monitoring services for several local governmental agencies such as the Town of Palm Beach, Town of Ocean Ridge and Palm Beach County. The firm is authorized by the Florida Fish & Wildlife Commission to monitor beach expansion and renourishment projects. The DB Ecological bid submission contained all of the required documentation and was very thorough. The bid amount submitted by DB Ecological is consistent with the average cost that the City has paid for marine turtle monitoring; the fee is also consistent with the amount programmed into the yearly Capital Improvements Program. The method of acquisition for services under this award recommendation was performed in compliance with the Code of Ordinances, Chapter 36, and Section 36.02(A) (1). FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION This is a request for City Commission to award a bid to DB Ecological Services, Inc. in the bid amount of $40,081.00; the firm submitted a complete bid package that meets the criteria set forth in the bid documents and is the lowest and most responsive bid. TIMING OF THE REQUEST This is a time sensitive item. Sea turtle nesting season commences March 1st 2015 and ends October 31st 2015. FUNDING SOURCE Funding is available from (332-4164-572-31.30) Beach Restoration Fund/Parks & Recreation/Professional Services). RECOMMENDATION By motion, approve an award to DB Ecological Services, Inc. in the bid amount of$40,081.00; the firm submitted a complete bid package that meets the criteria set forth in the bid documents and is the lowest and most responsive bid. s� LO O 'N N U m a w w z y m > 0 � aQ 0 a� CL O ai E C C O v — O > � o > � CL C '� N � N LO c E O N N N a N Ef)- d� N O ~ O> 7 7 W Cl C'1 c .0 W cva 2 4' (D cl) c y m � LO •C1 O CO) CO) � O N O O V i O C) C) C) O E L 7 LO Q r �+ � NNN N v c J O V > Ef} N Ef}Ef}Ef}Ef} .� O vl ice+ � 0 Q •� U Q p a w O Q a o CL Q Q a c� p cn Cl) Fa L cn 0 cn o 0_ � r 06 N N C Q O N O Q N N `O N w N O 9 0 O L Z O ~ w O J N � J >- Q N E w H cc o Z `m a� E G1 O w J Z J w p 0 r > OU LL OwpU y Z H U > Z � zc > w L w Z E cc m m O pin w Ucn Z w MEMORANDUM W TO: Mayor and City Commissioners FROM: Kristina Maricic, Administrative Officer Jeffrey S. Goldman, Chief of Police THROUGH: Donald B. Cooper, City Manager DATE: January 2, 2015 SUBJECT: AGENDA ITEM 8.W.4-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 CONTRACT AWARD/SPECIAL PRODUCTS GROUP(SPG) BACKGROUND The Police Department requests approval to purchase uniforms and equipment for Police Department personnel from Special Products Group (SPG) utilizing the City of Boca Raton contracts pursuant to Purchasing Code Section 36.02(C)(7) "Utilization of Other Governmental Entities' Contracts". City of Boca Raton' contracts were competitively bid by the City of Boca Raton via bid #2013-028 and #2013- 235. City of Boca Raton's contract for uniforms is a one (1) year contract, effective June 26, 2013 through June 25, 2014 with automatic renewal for three one-year periods. Contract for uniform accessories/small equipment is a one (1) year contract, effective July 1, 2013 through June 31, 2014 with automatic renewal for three one-year periods. Special Products Group is consistently providing quality product at a competitive price. The vendor also provides silk screening and embroidery on site which eliminates the cost of shipping purchased uniform items to another vendor and back. Costs are not to exceed $95,000 for the FY 14/15 and will come from the current year's budget. (From the uniform and equipment funding already allocated). Costs are based on prior year costs and include purchase and replacement of uniform items (Standard and dress uniforms, rain coats,jackets, etc.), and equipment (Bullet proof vests, taser holsters, flashlights, handcuffs, belts, badges, patches, etc.) on an as-needed basis. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. DISCUSSION The item is before Commission to approve Police Department uniform and equipment purchases from Special Products Group utilizing the City of Boca Raton' contracts in the amount of$95,000 for the FY 2014/2015. OPERATING COST The cost for the FY 2014/2015 is not to exceed $95,000. FUNDING SOURCE Funding will be provided from the following accounts: 001-2111-521-52.22, 001-2111-521-52.27, 001- 2115-521-52.22, and 001-2115-521-52.27. RECOMMENDATION By motion, approve purchase of Police Department uniforms and equipment through Special Products Group (SPG) by utilizing City of Boca Raton contracts, pursuant to Section 36.02(C)(7) of the City's Procurement Code. City of Boca Raton Uniforms for Police: Services Bid No. 2013-028 BIDDERS CERTIFICATION - \ (This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths). I certify that I am authorized to bind performance of this bid for the above bidder. I certify that this bid is made without collusion or fraud. I certify acceptance of the terms, conditions and specifications of this Invitation to Bid. I I certify that this bid submittal is in accordance with the specifications in its entirety and with fill understanding of the - conditions governing this bid. *Bidder must submit proof that their firm name is registered with their State of origin. SAFETY SCHELL CORPORATION *.Name of Bidder(Firm Dame as Registered with their State of origin) Business Address: Street Address (P.O.Box Address is not permitted) Boynton Beach, FL 33426 City,State,Zip Mailina Address: Check if Same as Business Address above Street Address �, City�tate Gerard C. Scheller 4'Cc e- Ffe_5 i Ae'0+ Print Dame and Title of Person Signing this Form 04-29-2013 561•-732-0360 561-732-0879 Date Telephone Fax No. Email Address of Person Signing this Form: .jerry@specialproductsgroup.com Federal I.D. No.: 2 - STATE OF: Florida COUNTY cal=: Pa1:mBeach The.foregoing instrument was acknowledged before me this �- day of 20 L1, by�� SC�p,dN�who is(who are)personally known to me or who has produced _ -. as identification. �_._____.._- --•--�_ NROTT �.� NOTARY NAME, PRINTED,TYPED OR STAMPED: Commission Number: 6 My Commission.Expires: a"' "�•,.,,�- 7Public ZAKAS ,,,,u,, RSiate of F1arkr ICHNAK ZAKAS Page 31 ' Notary Public-State of Florida M ' � My Comm.Expires Mar 9,2014 s'� Commission#CD 969337 City of Boca Raton Uniforms for Police Services Bid No. 2013-028 BID FORM All items are per the Garment specifications,terms and conditions as stated in Bid No.2013.02& - Bidders may only submit one bid gg Aa«:«:'�"..^:.:e.°9 e Y°YGYESI c:e§:9a�:»#'^P.Y, ", £..°°.� £«£ .F.•88aaa:« : ° ° ° ..°[? ...<.i°.°.°.°.°aa E° tl»"." .°.°. ....d ?x i [.: ..r �.' ,8 sy .. s eg".°... ." ..« �. •- _ _ :<G':.,s8 qYj ag"gd�=?%4aae§�@veQ°ce;w696Pp»aE E?§ces=a'gP": 9mi=2E« i."'4(¢S�Y°'s�a'9aa°a:a:a°°3a 1:4;°`¢iee:e:°sei?EP m.:a : ((::: E�".° :. 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Style No:63071 5.11 Tactical 14-201 63071 5 $3`2.54 /EA $163.20 ...e. r . { ^a dat k..a U m t Men's SI$ 27.34 1fi,40A.00 Performance Polo XS-XL .04 600 $ /EA � Mfr.Style No.71049 5.11 Tactical 2XL-3XL 71 049 150 $-3l-39 1EA $4,708.50 Additional Fee for"Officer3°Embroidery Ensemble 175 $_L.00 /EA $1,225.00 Additional Fee for"Sergeant"Embroidery Ensemble 501 $_7,00 /EA 350.00 Additional Fee for"Hostage Negotiator"Embroidery Ensemble 15 $,15-10 /EA $_225-00 Additional Fee for"Bomb Squad"Embroidery Ensemble 15 $.35.00 !EA S225.00 Additional Fee for"Training instructor"Embroidery Ensemble 10 $13°00 !EA $130.00 Additional Fee for"Chaplain"Embroidery Ensemble 5 $9.(30 /EA $45.00 Additional Fee for"Swat"Embroidery Ensemble 15 $15-00 /EA $225.00 Additional Fee for"Community Officer"Embroidery Ensemble 501 $13.00 !EA $550..00 Additional Fee for"Explorer Class B":Embroidery Ensemble 15 $11.00 /EA $185.00 Additional Fee for"Boca Rattan Explorer"Silk Screening 15 $5.00 /EA $.75-00 Ensemble Additional Fee for"Crime Scene"Ensemble 401 $13.00 1EA $52Q.00 Name of giddier:Special Products Group Page 37 City of Boca Raton Uniforms for Police Services Bid No. 2013-028 All items are BID FORM per the Garment specifications,terms and conditions as stated in Bid No.2013-028. Bidders may only submit one bid. !NU 4h Q �` , M H" m ..«.....;;..i5i� 4 R� R" IN- -0. 3C 9 gg�l ilM77�M� M,- Item Number& Sizes Manufacturer/ Estimated Description Order Number Annual City Unit Price Extended Price IF-1-i—g�. vini W R.Ri -u 6 zl,01!. 50.i" Mfr.Style Nrs: 250 $_27-34 /EA $6,835,00 5.11 Tactical Additional Fee for"Officer"Embroidery Ensemble 65 S7.00 /EA 455-00$ Additional Fee for"Sergeant!'Embroidery.Ensemble 25 S7.00 jEA 175.00 Additional Fee for"Hostage Negotiator"Embroidery 10 $ 5-00 /EA $150,00 Ensemble Additional.Fee for"Bomb Squad Embroidery Ensemble 10 $_15-00 /EA 050-00 Additional Fee for"Swat"Embroidery Ensemble 10 .s15.00 F� 150—A $ .00 Additional Fee for"Dive Team"Embroidery Ensemble 10 115.00 /ER 150 M , 13.00 Additional Fee for"Crime Scene"Ensemble 30 4! EA S 390.00 .ua�j m-Mu Men's LIS S-XL 72049 200 872.00 $ �9 36 Performance Polo _ - 1EA $5, • Mr.Style No: 72049 2XL—3XL 32.40 S810.00 0 5.11 Tactical 72049 25 $ 2EA -- I I I Additional Fee for"Officer"Embroidery Ensemble 50 $7.00 JEA $350.00 Additional Fee for"Sergeant with Shield"Embroidery 7.00 f 5140.00 Ensemble 20 41 --JEA Name of Bidder Special Products Group Page 38 City of Boca Raton Uniforms for Police Services Bid No. 2013-028 1 BID FORM 1 All items are per the Garment Specifications,terms and conditions as stated in Bid No.2013-028. Bidders may only submit one bid. 1.I ��'d.5 3a 4: ;:.iF.°,..4:.e.:-.."`.U.1�.L'•.�1�s.».e'f..€a".4 1..<.......s"..6 9.-a.2...,...r e.°......v,...-...,,.:.LL`3P99F,�w�§P E..i�...<.y....>...s<.,°A.PA"E$:.:..6:.j..;°:ff;,:;a9.Q-3.tt::-d 3 I[#PCttS a 9"+d 9»i�.£'?.'.<A»..-3E§.q..:+..<.R.Ee§..'.`....9i.d,y,;.:.�°.:"Z.,i.ds'.�t s P f&3,.i``.4'd','r�`q.:n<.E.":.,<.❑Y.?£a.'(.4`�-�_`�'q..;.e.3'.$P 1.�..:,.r S4 u£.$�t_�Ys,_{:"._,..%..fl:.-S�'>..S...�d?"v°x 6:3..i.,....e.:"-i.....F��.-FfF�.e F E.E£E FF"��,,£..?�"eP e.a aa�e-:;&;:��e4^tF FF 6-,T f1�'.Y'$�.L',E;w Tt:.E d 9.>9.Id 6:.€°��i F 8t�°..�-.d:.E F.°.�.E»-�fP:.E�1 r.3;a�B Y'Y Se.°f 4_-b.m�'�a9a.�,.{._6.G a..I.-.b2��.3 C 7$, -W. 1$s.. Y..re-5 F Y 9>.hE..;. Item Number& Sizes Manufactured Estimated Description Order Number Annual Unit Price Extended Price �; U` .. p ". wBora9 1$. .a.»t. ...._>.,.>s E:^.➢ BIx.}IS ..9�.1[t.'� £ to S ��nrss.......,...>:°.3".;na P Nvi ..£?.989.a"..YFa:E.�&$c��{4$"": }°..",..P.8 _.S�E�.�v=.v5_E_divtsx[?':dAau.diP � 9� ...,.t. 5..�:cs ...97Y:«". Perforrrrance Polo S-xL '� 100 23.80 #EA $2,380.00 • Mfr.styi�No: 41CI6ti 41.Q611 5.27.34 1EA 1,367.I�0 5.1 1 Tactical SXL-5XL 5i) I 2e-U /EA Additional Pee for°`Gommunieaticsns"Embroidery Ensemble gp $ $450.00 Additional Fee for"Marine Unit"Embroidery Ensemble .25 9:00 /EA $225.00 Additional Pee for"Volunteer"Embroidery Ensemble 15 1 9.003 /EA $135.00 Additional Fee for Silk Screening Police Lettering Ensemble 25 6.00 !EA 3 12 .£3Q Ufl OFItBn S � qd 3 � �aR ?j 9 $' -,...s9 »...3x....... .. .. .....2.£° Y ..FF.. .< .. �,.�,."..a B9�Y ....... 3v$....,.... .�............ ..,._. ... ..nn. z Performance Palo 61 166 • Mfr.Style 3-XL 75 No:61166 • 5.11 Tactical 2180 1EA $1,785.00 Additional Fee for"Communications"Embroidery Ensemble 50 $_t.00 lEA $450,00 Additional Fee for"Marine Unit"Embroidery Ensemble 1 $9.09 1EA $9.00 Additional Fee for Silk Screening Police Lettering Ensemble 1 $5.00 JEA $5:00 GRANDE TOTAL GROUP 3 (Items 1-7) $48,842.70 Balance of Line Percent Discount off 5.11 Retail/Catalog 20 % � ecial Products tarc�u Name of Bidder: P R Page 3 City of Boca Ratan Uniforms for Police Services Bid No. 2013-028 ssi:a9Y4'br_ 9: ?iw 9ga9£a¢.dF;.�d}isi�µ. �.-ee 3�4C��i6 � "•Ab4�p 5 .- yy' "a P 39 �. 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Lined'Packable 42 Jacket S-XL 10 $33.41 fEA S334.10 * Mfr.5tyie No: 48052 * 5.11 Tactical 2XL-4XL 48052 5 $38.48 /EA s.192.40 Additional Pee for 112 Embroidered BRPD Badge" 15 $7.00 fEA S105-00 ae:5�S4&g"sii:'.°9x°e °a<3{y43Fii:w 9a.:°a" ..«FYCCC�@i¢tl8e9i^' FF:3£$4c°%i¢ .x9xYageaes F ° ° ¢a gs F$GGg :4.€3a"S""AkCCa m€F £'3.'»`b«,:«G:a"9aRC's 6;>aPx^c'^e:.« °°e laic'° ;$; .•.Y m:d° sFi§k3a¢r»••3z ..:3 e °.."iiisi¢aaic�w.xP.s£»:ea£P?9 m icy a°4:nvea°°.£tEas'as 3 «...£. FaFe':.M 9r °°_� zna « 4aa°g° aceG:e>.«.l®eea cee`€i;3 acv ;..ib3.ic4:°c£...«.°$ .. °i?� ((s.« §-a amGYCG"^�Z'F 3a:::°d°15-1 F: :ae� �9„ »•r. ¢pia. vFG334.4°»G V¢ aas«.e e gg tdgg ° 'i9 Pt>G>ZqR¢ . 4L9.,.�?d66 »«"3¢E .E'°i9R:. ea'°a'6aP P` .>«."F�FtF.'e. .�°.Fa >,a'<<«�.`«<°,✓a§e[ :3a 3da'.4Cy.9§a,F9�d36c:6ct&FCEEi%ee.°Lt iv� yg mimi-i9A I 9 N qq F¢eta .4�4 :F F:i$F:4 L'E:«»�••,F%..e;3 3G>L.¢ «•$:'b:¢3 Sid 3Er.3. 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Hi Visibility 5-XL 106.32 fEA S2,658.00 Reversible Jacket 4$014 2i • Mfr.Style No: 48014 48014 5.11 Tactical 2XL-4XL 35 $111;38 fEA $3,398-30 A d itiii nal.Pei:for Silk Screening Police Lettering on Back of Cad $6.00 _!EA $360.00 0 ... S .. 31Y?»4.«.¢�vcc 'aaa?YaMt*F: ., e e PuatlG;.a ° gs'^4: iki§F`sm ;$�..2 �c:.SUa .°. aa. §cr6{ §;%[9.d �eam"r.ds4s4s£.: °°°dna» 6�.,°6s eis4n.:.FEF.�¢:e:ecss4t;eae;,:Gq?eag3e ° taenc.va aea3A3Y Lf§4;r9. A"^.3Ax;$E§n§acc " e;ve�RS ;$$°q 95u3x£:ar .^3 tlGn:«,«"t Bgvac° tae .g�°> `iaEa °3'- £:r<�;.$[s%p :.9;s„••F[e. .. ; `�4°5sa�aYGY:�G?Ga £`E" �:;k:.::�°E§e.9it„•::�° -30, 6. ¢ e?4"6"P 633.:.. �E«'«`•.t£"<$<$ §En .-[o9,.,.mt$�:14$ °FQ&GP.":»41. ib. E^4E§F¢:' r .n&.G$8ed¢:iw-4'.:»tReinc�Fd ,"[f°®° % F€;� aae :3aGaai:YGg•r..:..c�eaev° sE8&°va3F:G;i� a sie...«§ �FFe `si'3a: a9ac ...«r"tie;ec bPCZC::;£`• §a§. agaP3zsc„; ee c:,€a�i§¢.§:G:;£a: reR4::.¢aFQ.:§5�a�eEn„n€€n e ..E:, .a3�i:<°?4 £°M M§ 5 aa«.4Y," ..E6$E4.»F.,.vm 3¢:.4 ..<.v h :e�`a>aP, .°° ... .t�.,"§..., ' �..3i>aL:.« .F�c:aF6Fna y» gs$$��ee..Pa 9-§te4eSe�eemSF'.4Y£«$ °asRGnG.,Z¢�cu�i,in.,cs;;y, s..¢9,:=;; $i$i'ag9aged ii..»4"« &w § °{ «w.£c n�a I:fy..£>,�e$,3a8:FFFnbEai£:.?£Y.»«<1Fi88....m" M§39 i65AP»°Cp H a GYC»£�Fa �0E�G33?k' ¢Fm sax;G"" < .CGL.,. .°E�I:GB»>A»..F't€aPe�.:::::.•••:,, e G.«l<:EwGR°."��"$;E§m.r.3I;G::¢. srF°._"......CffiP%e:..4;n[n[�[.. Rainlati s- 1_ Q. � 20 $66.82 • Mfr.Style N fEA 1,336:40 No: 48057 • 5.11 Tactical 2XL--3XL 480-57 30 X 71.89 fEA $2,156.70 GRAND TOTAL GROUP 4 (items 1-4) $16,731.95 Balance of Line Percent Discount off 5.11 Retail/Catalog 20 % Name of Bidder: Special.Products Group ( � ( v Page 40 City of Boca Raton Uniforms for Police Services Bid No_ 2013- 128 &£ °�ae198.:ej® 3m EE3 SSLA�p¢HSEFa .. #Y.] ;E ° GLy� Ei' .Y YC SCE R#.3 SFt,�� g ¢yM. 3°' 6 tl P Ys1 §k ° p,� ®¢i°�,a§H. 8saa¢aeF°�9ci W kE�bS b®� mgt f LYF33re E 4 .£.:»,°:d: F:RS➢48 63tCG:A£[b�j»..BCG"G:>Mtre.�E"" T. `<iE89 .. X08°' ��a'H3dC£�>Pe [G:. 3�y„�YG n9gyg,¢� 9d88¢ <SC8 Y£” e S $y 93t��$ SL.,'..& ®SLSfF: "�1G9 ftIffiLLdIS£L9:.&.Y»..Gd.»..,9p7$� '&Sac°.^98sy�3 §ay9ga#3 F¢oYiC�F.) t9S�.'�£�3 E9£:° {^fig dpptl&8 {^, �0 Cpe L%°i:824� 6d ?;G kdGdbLFbpGabF tCY��°••••"^°LYB •a''e41;� RiR#Y» GIM"Y &°¢` L9k#$Y ¢=t.C'»..m C9tl§%e ee w RSC °'��°R§7r�.'rcCac=e((¢�Fei°°� e�:3v�E£e£^£ Ey94&,y$Bb 9 § maF�'! rFa�e s�pps�nGre EFeP°°c1rE a e:a• gxCe^S"Fa„ >asf£�" &'° €ngY(guu£ 5esa a sgp3y£pa�gax.`:GSa:£ravue{:a E`?ua¢a§g^a§PSe°.°,"s§¢aH m;a: °RB°S£G9G£ m FE^`£€ EbC...,Pq�gg:`m€ 1".': �is..°a .<"Pe�a¢¢.P€3G>CS ¢e3G>. °�°g•s�3 Lt..,&31 Y�L £YSLd,�{� �m A° ®c� 9&3GrCfl 9�3 6 1".£ £f£".ra�a"..[¢¢aHa¢�°•E: 94 d�@�BESGtb£'�.�.«r«::.?HF9;F:RHmPa9°6H C }} 3rp { qp {e#tbGE A5G£Ea.d a:9kdG?k.wG"5,�..»e.Y»b §?3 §ga E� ab3Ga�G£A3£ x ya �eseaa�Hm�°dPs a�x�. S s£csz Item Number Sizes Manufacturer/ Estimated Description Order Number Annual Qty Unit Price Extended Price b.,7,K µ ... ,.g°. a;# a �,£F .E.=, £:£,3:.�,e:.:F �M°- "°e¢ :. ;:F§AGM£ £"OsaFE¢:em. a$v§:.::;:e'° .-.?:..°.°?a:..C.. °.°p#'»»Gyt %.m «.ta ee.n »«ER .mom;y£....[£"6Lt.Yy%¢6°:'°...T.s�-,&a:.. .:€5 E- ..9 ::L GBI.Cx:.G.^»»x:i F: efs#1 °aF P s 3F§E Ea ...Ei..:?vzaa ;. ..k R apGYr,G°.NM—e G A s a:�aE�§aE.<b<#,z.«.a.,e,..°...° ''F.« b.>»>.>G:.. �..3.G..°..eA.,_m G>'Ea:£S..d: .LR' y ...€¢9..:, 63b E»"�a"��°a�b;»G ..-ix.:.�: 3.C.b'.£�•.[F•• m''�[f!s»Y.�tZ° :a°3§9bCLG:»».. :°[.. aetiG£4ECEi... mE#:»tb�F:ic4bdda,°YC£b.^. Eg¢e '3.°.°°Pee 5§P89e°.b.•"'',P E ., a¢3: ... °..�£tltµ V^3' .. , R�.°:°aaa'caMGesw,GG:G»... J sue ta%tw6•.<Gr&','Y o .«idl:i Fe:;°' ::ax:`3.,.," .. .»«»YRCSa¢A°; .e?^stt£'.ib:b'.£:E.�ae.:3:^tBC„!x EEC?nsa?.".'te:«..... .ca>et [ HHSS. .eL°:`.” 1�i5-iVlat Safety Vest 2� $1(5L4-3 fEA 810,75 • MfC. Stye lVo: F ec ei P $,40.06 /EA $600,90 Fchheirrer xLL 7 5 0 0 P Additional Fee Per Shirt for Silk Screening of Police Lettering 4� $16x.90 /EA $��7ti,l3Ci on the FRONT and SACK of vest Grand Total for Group 5 $2,187,65 Balance of Line Percent Discount off 1=ec helmer Retail/Catalog 20 % Name Of Wielder:Special Products Group Page 41 City of Boca Raton Uniforms for Police Services Bid No. 2013-028 BIDDERS CHECKLIST All bids should be submitted on the City provided Bid Package farms. Failure to do so may cause your bid to be considered non-responsive and thereby rejected. All blanks on the proposed forms must be completed. Bidder is to return a oDmplete set of all bid package forms as listed as follows. Failure to submit the required documents may result in your bid being considered non-responsive and thereby rejected. 1. Is Qualification of bidders information included? Yes No 2. Is Questionnaire Included Yes No 3. Is copy of bidder's valid Business Tax Receipt submitted?CP,y,? 4e Yes �✓ No i4. Submission of alternate is in accordance with Special Condition 3.07 �,r J and approved by Addendum Yes No t7l.0 5. Are all bid pages signed? Yes ✓ No 6. Is bidder's certification form notarized and submitted? Yes ✓ No 7. Is bid submitted in duplicate(cane original,one copy) Yes ✓ No 8. Are addendum(if any issued)submitted? Yes No ✓ ��0 9. Bidder must submit proof t at their firm name is registered with their Yes No State of Origin. CF.,e t q) 10. Is bidder subcontracting?If yes, is subcontracting information submitted in Yes No accordance with bid 11. Did bidder submit sample order form? p (Pages 50,a�) Yes ✓ No 12:Name of individual submitting Bid: Email address: Page 42 City of Boca Raton Uniforms for Police Services Bid No. 2013-028 QUALIFICATIONS OF BIDER SUBMITTAL 1. Bidder shall have a minimum of four(4)references for public safety accounts satisfactorily serviced for a consecutive 12 month period. References shall be from the Bidders office location that will be servicing the City of Boca Raton account. References shall be for accounts serviced within the time period ranging from i 0311/2010-0311/2013. Reference to be for accounts that are similar in size and seruice requirements for the group(s)being bid on. �'" A. Name of Firm, City Count or Agency: "' 30� I� 'c County y Address. ..: .. ... Telephone' = - W. . . -' .. Contacts � Titl 1 -�Public Safety Uniforms Supplied were for �}� Uniforms provided were for: Dress Uniform [AM Daily Uniform. _ Fitness Apparel . a.1Z- - Other: Your Primary Account Representative for this Customer List which Manufacturers products were provided: Fechheimer: s 5.11 Other: ..°.'...' . Delivery time requirements for Uniforms: location that serviced this account: j B. Name of Firm►, CitX. County or Agency m pm�icc a�--f'arf-McAf Address Telephone: ,p Contact TitleMMAR&MEffijaWPublic Safety Uniforms Supplied were for 3 Uniforms provided were for: Dress Uniform Daily Uniform Fitness Apparel Other:am List which Manufacturers products were provided: Fechheimer:M, 5.'11 . Other: Your Primary Account Representative for this Customer Delivery time requirements for Uniforms: Office location that serviced this account: '#._ ,: q� Cr Name of Firm, City, County or Agency.E '' 1%ce S Address (ADO 6�ti�� it Telephone: . n_ ,-: Contact: . d 1 s o�/ r Tit) �" Public Safety Uniforms Supplied were for Uniforms pr vided were for: Dress Uniform Daily Uniform Fitness Apparel Other: ................... List which Manufacturer's products were provided: Fechheimer: m 5.11 EJM Other: Your Primary Account Representative for this Customer was: Delivery time requirements for Uniforms: Office location that serviced this account: Page 43 City of Boca Raton Uniforms for P oirce Services Bid No. 2093-028 D. Marne of Firrn,City, County or Agency. m n i d Cb a R - Address '� rh Tslephor�e. Contact: 1 Titi &Public Safety Uniforms Supplied were for Em. 29-fliAffm LOU niforms provided were for: Dress Uniform NAW Daily Uniform _ Fitness Apparel Other: List which Manufacturer's products were provided: Fechheimer: ." 5.19 _ g Uther:� j Your Primary Account Representative for this Customer was: 'f ., { � , Delivery time requirements for Uniforms: Office location that serviced this account: C��Ct1 2. Bidder shall have a Customer Service Representative assigned to the Citys account With a minimum of 1 three years experience in handling Public Safety Uniforms. Name of Representative: - ,, "�r Email address: K- jj e ' Wvcf5gsa Phone No. &AW ` Location/Branch Works from:ANWARM i Years of Experience: Work History or Resume to support Public Safety Experience (attached submitted below).7 --f Experience Summary 3. Bidders firm identified on the bidder certification form gust be in business a minimum of three(3)years at time of bid submission. Evidence of a minimum of three years (3)shall be verified in accordance With filing Mate by the State of Florida or the Firm's State of Origin of Bidders firm.. Number of years bidders firm identified on the bidder certification form has been in business: Proof submitted as &-`i 6eer to ex' 2000 ®f1 u1c�s G �ec4P-4Aer fie- CUtfv-n-l-C(j,, �s �;p ��nc� ZOOS, WO0-lF sc�16 rM1��64 a5 Pd 0 3204-k G 01)� ®ccqAonal LiCev,,5e. �2��►i t(al�" dff1C'Y hCi`s �C �t1 h� Un- r^ tic eao wJZ(oa OVhNGcmn qv- L.w En (ermw�, �, C-�n��f Sec\Acl a �1 %d o ei S � OT Page`f�„ City of Boca Raton Uniforms for Police Services Bid No. 2013-0128 QUESTIONNAIRE _ 1. Detail how orders will a placed 1 O 5 u.;iI1 a� oi -rrh� e �r��'� i#�- [x 2 Ofi ri 11i1 � 136cc2 1 � 1 { 1 (-e �.� MC I i 5 c� Tfc-r�( �€1 A W'� ? J� C.i es1 We Qt"-- verb 1 ,Cq,9 0"a C'tt 'u'l 2. Detail how order confirm bons will be communicated to the City? E °\ i rtce(�ih C� �GIYYI[�[�ldl ri3tL � i� I 3. HoErr are back prder tracked in your system? ate eLc-v ®IrdEr W 0 Y I< �ieh aVJ 6e ezVet c rc ��s>` fi, [ mss s r�c6r5 i�sl rt d�� n� W � 4. Detail your return authorizajion tracking procedure and hoYA items are scheduled to be icked up from the City. R� rn �'F�hoc�z atr� eoc�F±r�yvte[fL tG ermat, ; eftf e,00 ram► �� e orrn `�e 4� t�,5 t 6. Identify the Business location that will be servicing the City of Boca Raton Account Location/Address: ZZ3 Coy ovd+,��, vA v E'1 13 d 4ov\ Beo c� FL 33 q F6 Phone: 561-7,3Z-0360 Fax: Sro 732— b �Icf Business Days/Flours of Operation: A. Business Days(check applicable boxes) konday lX ay�,1WednegW$Thursday lE F€idsy B. Business Flours of Operations: Frornii,,30ro 5°00 NA(a entlty ES )C okher) 7. Bidder is an authorized reseller for / Fechheimer: V"' 5.11 ", Other I 8.Schedule of Subcontractor's Participation Will bidder be utilizing a subcontractor for any portion of this contract? ✓ Yes _No If yes,bidder shall list the subcontractor's name,address,phone and type of work to be performed. 5�1�C�ert r�ti r, F AB75 6111(sa-'Peon ht 1845 J W 4 A— `�� r� &&cO FL 3 314�q 5 ( -2'7CC --7(03 q Name of Bidder: ��a1 NZkUCT5 C-SVO P Page 45 City of Boca Raton Uniforms for Police Services Bid No. 20113-028 EI FREIE ??fi l L a s? axaa , ..e' The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies �0&%)c f U 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 i violations of such prohibition. 2 Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug- free workplace, any available drug counseling; rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1),notify the 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 nofffy 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 violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by,any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. �lg .?a piu�� d�ier Date Page 46 City of Boca Ratan Uniforms for Police Services Bid No. 2013-028 STATEMENT OF NO BID (No Bid may be submitted electronically within the electronic Kidding system.) If you are not bidding on this service/commodity,please complete and return this form to: City of Boca Raton Purchasing Department,201,W.Palmetto Park Road,Boca Raton,Florida 33432. COMPANY NAME: ADDRESS: TELEPHONE: Sl� �fURE DATE: i We,the undersigned have declined to bid on service/commodity because of the following reasons: Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Other(specify below) REMARKS: Page 47 AnNu M. GANNON ��.. tit�t�bCr Fte P.O.Box 3353,West Palm Beach,FL 33402-3353 **LOCATED AT** TAX www.taxcollectorpbc.com Tel:(561)355-2272 2023 CORPORATE DRIVE BOYNTON BEACH, FL 33426-0000 TYPE OF BUSINESS OWNER CERTIFICATION fE RECEIPT#KATE PAID AMT PAIL BILL# 44-0056 VARIETY STORE I SCHELLER JOANNE 812.42 81 3 0-0711711 2 $66.00 I B40028605 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA 11 PALM BEACH COUNTY 2012/2013 LOCAL BUSINESS TAX RECEIPT B1 -320 SPECIAL PRODUCTS GROUP LBTR Number: 200515410 SPECIAL PRODUCTS GROUP EXPIRES: SEPTEMBER 30. 2013 2023 CORPORATE DR BOYNTON BEACH, FL 33426-6653 This receipt does not constitute a franchise, agreement,permission of authority to perform the rll,i,tl,rlul,il,9li�li,rllriil�„�I�J,rrll, services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. i City of Boynton Beach BUSINESS TAX RECEIPT BUSINESS NAME: SPECIAL PRODUCTS GROUP RECEIPT NO: 13 00019394 LOCATION: 2023 CORPORATE DR CONTROL NO: 17713 CLASSIFICATION: MERCHANT-WHOLESALE :.<-." :?: ' DATE ISSUED: 9/20/12 BUSINESS TAX FEE: 736.00 UNIFORMS & POLICE / FIRE SUPPLIES . DELINQUENT FEE: TRANSFER FEE: SPECIAL PRODUCTS GROUP 's```40TAL AMOUNT PAID: 735.00 2023 CORPORATE DR <'9 SINESS TAX RECEIPT ISSUED FOR THE PERIOD BOYNTON BEACH FL 33426 <-September 20 2012 to September 30, 2013 .:.'..:��••-��...�..��.��:,��.��°`:� BUSINESS TAX RECEIPT MUST BE Any changes in name, address, suite, ownership, CONSPICUOUSLY DISPLAYED TO etc.w!!l require a new application. PUBLIC VIEW AT BUSINESS LOCATION 0 Pe 0 P -� State •o Florida Department o State � I certify from the records of this office that SAFETY SCHELL ' CORPORATION is a corporation organized under the laws of the State of Florida, filed on January 18, 2005, effective January 18, 2005. The document number of this corporation is P05000008400. I further certify that said corporation has paid all fees due this office through December 31, 2013, that its most recent annual report/uniform business report was filed on January 15, 2013, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. 1 Given under nzy hand and the Great Seal of the State of Florida at Tallahassee,the Capital, this is the Fifteenth day of January,2013 �- 8 y Authentication ID:CC2877941433 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https:l/efile.sunbiz.orgleertauthver.htmI Apr 16 13 10: 51a QuaterMaaterHccaPD 561 -347-5166 p. 1 E Date: April 16,2013 To: Special Products Group 2023 Corporate Drive Boynton Beach,FL 33426 (561)732-0360 FAX(561)732-0879 From: Boca Raton police Services Department j 100 NW 2"D Avenue Boca Raton, FL 33432 I Frank Glannattasio Property Control Specialist Office(561)338-1328 Celt(561)756-0023 FAX(S61) 347-5166 fgia nnatta sio@myboca.us Order: ITEM SIZE COLOR -QUANTITY NAME 5.11 Men's 34 X 34 Black 3 Karl Leonard Tactlite Pants #74273 �� 50 w. IOU �� a o . 00 Co I-L �o Lu r— ❑ ® � .. M w ., -j x G" 0(0 fY F ZC7 j� tlppi J Q H HV So m O ti v Z ❑ w Z Lu fL R ❑ 0 W �' Lu CL 4. c c °W Lu z LL O © � ui ui z ❑ 4 N Lu Ulm � C 0 z IL UIN !—cA m O �7 ui 2 LU ® ZO U)X d 8 z � x 9 � Q W C7 0 z ° ° � OC 0. Q r d }m CL ❑ Q z—co a C [— �a W o � � _ Z � oo � � � LL I. C U ( - r L 0 oo as ~ i I t t I I } Lu Co m C) �. a *(:v d � w ® . ., Lu m- 1- 0 i City of Baca Raton Uniforms for Police Services Bid No. 2013-028 Exhibit A Patches as supplied by the City of Boca Ratan Police De artment ° . a 7 EXHIBIT A-1 Boca Raton Police Subdued Patch ' ;X ii 99 EXHIBIT A-2 EXHIBIT A,3 Chevron Patches American Flag Patch Placement shall be on both sleeves,below Placement shall be placed on right breast,above the Boca Raton Police Subdued Patch name Page 48 City of Boca Raton uniforms for Polio Services Bid Flo.2013-028 Y l f a t 111 �k Y EXHIBIT A-4 EXHIBIT A-6 Explorer Lego K-9 Patch Placement Is below the Boca Raton Placement shall be on both sleeves Police Subdued Patch f of �Ge •'t.i »Metier k"2 EXHIBIT A-6 Motorist Patch Placement shall be on both sleeves,below the Boca Raton Police Subdued Patch Page 49 3 City of Boca Raton Uniforms for Police Services Bid No. 2013-028 Exhibit B- Embroidery Services for Boca Raton Police Department , I Pr 'F bUk.«S° 3 vae r EXHIBIT B-1 EXHIBIT 8-2 Cftv of Boca Raton Mice Department SRF D1 Embroidered ELAR LETTERING first Initial,Last Name Silver Police Sadae with Rank To be embroidered on Right breast below the American Flag Rank Options_Captain,Chief,Assistant Chief,Officer Patch,centered above the pocket. Placement Left Embroidered Breast. .. s slt�arlt��ti,�f 2 t�i��; �it��f 3 tit EXHIBIT B-3 EXHIBIT 8-4 Embroldered Bans-tiKr Embroidered S a -MV en Bars embroidered on the front of each collar. Stars embroidered on the front of each collar. Page 50 f City of Boca Raton Uniforms for Police Services Bid No_2013-028 xp S-. f v.' { EXHIBIT H-5 VA Embroidered Boca Raton Police DeRartment Badoe- L PT 99 >3 t q EXHIBIT B-6 " "LETTERING FIRST INITIAL,LAST NAME WITH TITLE Placement.Center of the Right Breast Page 51 City of Boca Raton Uniforms forP !|| Services Bid No.2013-028 � ��. . � . . . ) EXHIBIT 7 &QTZLETTERlG POLICE1130CA RA W&be embroldered a both right and left sleeves n \:�� •{ �� 3 : . . w y . /��_ EXHIBIT 8-8 Police DevartmentCres&b be tr m !»A\k sleeve,above Boca Raton Police letten 2 4<» . � Pam i City of Boca Raton Uniforms for Police Services Sid No. 2013-028 i EXHIBIT B-9 f WEVER LE'T'TERING,PUBLIC SAFETY,COMMUNICATIONS i (Title Optional)to be embroidered on the right breast I 1 J KK. I L u I � x C S" qq EXHIBIT 8-10 EXHIBIT 8-11 .E�.. LETTERING WITH DEPARTMENT to be Senior Explosive Ordingnce Disposal Insi ala-to embroidered on right breast and centered be embroidered on right sleeve,above Boca Raton Departments Include:Bomb Squad,live Police lettering.Colors included: tt [Fa. x ! r Team,Swat Team Page 53 f City of Boca Raton Uniforms for Police Services Bid No.2013-028 1 �ff :I EXHIBIT BA2 E Dive Team ors-to be embroidered an right sleeve,above Boca Raton Police lettering. i Colors Included:R ed, iaelTv i I £ r„ J �.... ISENIOROIPERORISit{€A OPERATf)Ft A AT MASTER OP RATOR EXHIBIT B-13 Swat Crests 1 ref 3 to be embroidered on right sleeve,above.Boca Ratan Police lettering.Colors Included: keC, ?cr3 Page 54 City of Boca Ratan Uniforms for Police Services Bid No_201 3-028 1 S 1 1 EXHIBIT B46 -ZtKLETTERI G C.S.O. CA RATON-to be embroidered on BOTH sleeves, I I r EXHIBIT B-16 VOLUNTEER LETTERING-to be embroidered on right breast,centered. y i"< 3 EXHIBIT B-17 EXHIBIT B-18 EMBROIDERED SILVER EXPLOREE1 BADGE to ' L'ellk LETTEFING POLICE EXPLORER to e be embroidered on left breast All Colors to be err broidered on both sleeves included: ue� ,� vc;€1r ,`"�luerra Page 55 City of Boca Raton Uniforms for Police Services Bid loo. 2093-028 E �6 rAb � PF azn EXHI21T B49 EXHIBIT B-20 POLICE BOCA BATON VIEWER R;LETTERING to "BRPD"?SfLV,1 M LETTERING to be be embroidered on the front of the cap, embroidered on front of cap,centered. centered. Co.lars:Whits Colors-,White - G 39g: 9.9 4G C m�`W.fE EXHIBIT B-21 a1-Lex,LETTERING MARINE UNIT,TITLE AHREVIATION AND LAST NAME to be embroidered on the right breast,centered. F" va...,..,.,_.Bw7�--L-f�A4 . :re�P'Ci v��.:..¢�...9m�m? ?»8..,�,.-_ci1�a.A Y�.,A.'&x�..a�m ....Cre�rs�✓"m'.-iEL'Y£ ��-.-.s-.x ,. .. EXHIBIT S-22 31WIR LETTERING"CRIME SCENE"-to be embroidered on:both sleeves Page 56 City of Boca Raton Uniforms for Police Services Bid No.2093-028 J F M 1 EXHIBIT B-22 X3 1 LETT=RING"First Initial.Last name'to be a embroidered on right breast EXHIBIT C- Silk Screening Services for the Boca Ratan Police Department �eEP evg�m EXHIBIT C-'I Silk Screeni na-"POLICE" BLACK LETTERING to be planed on back of shirt,centered Color:Black i 8`x Y' »F: F kf .T.y. EXHIBIT C-2 Silk_SMenina-"BOCA RATON EXPLORER POLICE" ftRY LETTERING TO BE CENTERED ON THE.BACK OF THE SHIRT Color.White Page 57 City of Boca Raton Uniforms for Police Services Bid No.2093-028 ME :•a 6 pp G�1 Y EXHIBIT C-3 Silk Screenina-"POLICE" BLACK LETTERING ON THE FRONT PLACED IN RIGHT BREAST 4 LETTERING ON THE BACK AT THE BOTTOM COLORS:BLACK AND Gi 3�4'1R § fy EXHIBIT C-4 811k Screening-"POLICE WHITE LETTERING ON THE BACK,CENTERED. COLORS:WHITE Page 58 Products Group �-1 p PROPOSAL TO CITY OF BOCA RATON 1 PUBLIC SAFETY UNIFORM ACCESSORIES BID # 2013-235 FROM: Special Products Group 2023 Corporate Drive Boynton Beach, FL 33426 -- June 21St, 2013 "Proudly Serving The American Hero" Armor*Uniforms*Gear 2023 Corporate Drive Boynton Beach, Florida 33426 Office(561)732-0360 Fax(561)732-0879 www.5pec1al ProductsGroup.com City of Boca Raton Public Safety Uniform Accessories RFQ No. 2013-235 GENERAL TERMS AND CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Boca Raton Purchasing Division(hereafter referred to as"City"). The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in any document related to the Request for Quote(RFQ). l PART 1 INSTRUCTIONS TO BIDDERS: 1.01 STATEMENT OF PRECEDENCE OF GENERAL TERMS AND CONDITIONS: Any and all Special Conditions contained in this RFQ that may be in conflict with these General Terms and Conditions shall have precedence. over these General Terms and Conditions. If no changes or.deletions to General Terms and Conditions are made in the Special Conditions,then the General Terms and Conditions shall prevail in their entirety. 1.02 GENERAL INFORMATION:These documents constitute the complete sett of specification requirements and Bid 1 forms. The RFQ:submittal, including all Bid sheets and attachments,must be filled in completely, executed and submitted. 1.03 SUBMISSION, RECEIPT, AND OPENING OF RFQ's: Late RFQ's may not be considered. No bidder shall submit more than one Bid response to the RFQ. Multiple RFQ responses from same bidder shall he cause for City to reject all Request for Quotes from that bidder. Bidders are encouraged to submit their Bid document via electronic submission when permitted. Bidder's submitting a bard copy RFQ in person, .by FAX or by mail should use the proposal farms provided by the City. Failure to use the City RFQ forms may cause the Bid to be rejected. Any RFQ submittals sent via facsimile shall be the responsibilL of the bidder to confirm receipt. Request for quotes will be tabulated and made available for review by Bidders.and the public in accordance with applicable_regulations. 1.04 ADDENDUMS: The issuance of an addendum(s)is the only official method whereby interpretation, clarification, changes or additional information may be provided by the City, 1.05 NO BIDS: If you do not intend to Bid, please indicate the reason and return a no-bid response to the City. Failure to Bid or return no Bid comments, prior to the Bid due date, may result in your firm being deleted from the City's Bidder registration system. Part II DEFINITIONS: 2,01 BIDDING DEFINITIONS The City will use the following definitions in its General Terms and Conditions, Special Conditions, technical specifications, instructions to bidders, addenda, and any ether document used in the bidding process: AWARD—The written notice from the Purchasing Manager of the acceptance of a RFQ or proposal deemed by the proper authority of the City to be in the best interests of the City. - BID—a price and terms quote received in response to an RFQ. Note:Bid and Quote are synonymous terms in this document BIDDERISUPPLIER—Person or firm submitting a Request for Quote. BUSINESS GAYS-Monday through Friday, excluding.National Holidays CALENDAR DAYS—Monday through Sunday, including National Holidays CONTRACT —Any agreement., regardless of style or form, for the procurement of commodities, services, or construction. CONTRACTOR—Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket Purchase Order agreement,or Term Contract to provide goods or services to the City. DAYS Calendar Day, Monday through Sunday, including National Holidays REQUEST FOR QUOTE (RFQ,) —All documents, whether attached or incorporated by reference, utilized for soliciting a Request for Quote. MAY—Denotes the permissive. RESPONSIBLE BIDDER or Offeror— A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment,and credit which will assure good faith performance. RESPONSIVE BIDDER A person who has submitted a Quote that conforms in all material respects to the requirements set for in the RFQ,or solicitation. Pagel City of Boca Raton Public Safety Uniform.Accessories RFQ No. 201 3-235 SHALL Denotes the imperative. SUCCESSFUL BIDDER-The best,.qual d,.Responsible, :and.Responsive...Bidder.to._whom.the..C3ty_ akes_an- award. PART III BIDDING AND AWARD PROCEDURES: 3.01 BIDS FIRM FOR ACCEPTANCE: Bidder warrants,by virtue of bidding,that the RFQ and the prices quoted in the RFQ will remain valid for acceptance by the City for a period of ninety (90) days from the date of RFQ opening. 1 3.02 AWARD AND REJECTION OF BIDS: The City will award to the low Responsive Responsible Bidder whose product or service meets the terms., conditions,and specifications of the RFQ as deemed in the City's best interest. The City reserves the right to: (t) accept or reject any or all Quotes, part of Quotes, and to waive minor :irregularities or variations to specifications contained in Quotes, and minor irregularities in the bidding process, and at its discretion, request a re-bid;(2)award the contract in accordance with the Special Conditions. In determining the responsiveness of the offer and the responsibility of the Bidder, the following may be considered when applicable: (1)the ability, capacity and.skill of the Bidder to perform as required; (2)whether 1 the Bidder can perform promptly, or within the time specified. without delay or interference; (3) the character, integrity, reputation.,judgment, experience and efficiency of the Bidder; (4)the quality of past performance by the Bidder; (5) the previous and existing compliance by the Bidder with related laws and ordinances; (6)the sufficiency of the Bidder's financial resources;(7)the availability,quality and adaptability of the Bidder's supplies or services to the required use;and(8)the ability of the Bidder to provide future maintenance,service or parts. I The City reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. Failure of Bidder to comply with the conditions.set forth in the RFQ may result in the Bid being considered non- responsive by the City. 3.03 PRICES QUOTED: Bidder shall deduct trade discounts,and quote firm net prices. If required,the Bidder shall give both unit price and extended total. In the case of a discrepancy in computing the amount of the Bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), runless otherwise stated in Special Conditions. Each item must be Bid separately. No attempt shall be made by the Bidder to tie any item or items !contained in the RFQ with any other business with the City. 3.04 MISTAKE$: Bidders are cautioned to examine all documents pertaining to the RFQ. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. in the event of addition errors,the extended totals will prevail and the Bidder's total will be corrected accordingly. 3.05 TAXES: The City of Boca Raton is exempt from Federal and State taxes on direct purchase of tangible property. The Purchasing Office will supply the successful bidder with an exemption certificate or it may be obtained from the City's website at v_uww.Myboca.us(gurchasjno. Vendors or Contractors doing business with the City of Boca Raton shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor/Contractor be authorized to use the City's Tax Exemption Number in securing such materials. 3,05 BUSINESS TAX RECEIPT: Bidder:shall comply with Business Tax Receipt requirements for their business location. A copy of the business tax receipt or proof of exemption shall be submitted prior to awarding the RFQ. 3.07 CONTRACTOR LICENSE: The Bidder Name identified on the Signature of Bidder form shall be fully:licensed, to the extend required by Florida or Federal law, at time of RFQ opening for type of work to be performed in order for their RFQ to be considered. County or locally Iicensed contractors must be registered with the State of Florida DBPR Construction Industry Licensing Board at time of Bid opening. Copies of all applicable certificates, registrations and licenses trust be submitted with the RFQ and must be in the name of the Bidder shown on the Signature of Bidder Form. Should the Bidder not be fully licensed/certified,the RFQ shall be rejected. Page 2 City of Boca Raton Public Safety Uniform Accessories RFQ No. 2013-235 3.08 WARRANTIES OF USAGE: Any quantities fisted in the RFQ as estimated or projected are provided for tabulation and information purpases_€�nly_,_N warranty cr..guarantee.of.quantities is.given.-or.im plied...__.The_Cit�-_._-._ .._..._ reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. 3.09 ALTERNATIVESIAPPROVED EQUAL/DEVIATIONS: Unless otherwise specified,the mention of the particular manufacturers brand name or number in the specifications does not imply that particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable, An alternate will be considered,but shall be equal to or better in quality to what was specified and must include descriptive literature and/or specifications. It is the Bidder's responsibility to provide adequate information regarding an alternate to ensure that the Bid meets the required criteria. If adequate information is not submitted with the RFQ, the RFQ may be rejected. The determination as to whether any alternate is equal or better or is not equal shall be made solely by the City of Boca Ratan and such determination shall be final and.binding upon all Bidders. 3.10 MINIMUM AND MANDATORY SPECIFICATIONS: The RFQ specifications may include items that are 1 considered minimum or required. If any Bidder is unable to meet, or exceed these items, and is of the opinion that the specifications are overly restrictive, Bidder must notify the Purchasing division immediately. Such notification must be received in writing by the Purchasing Office prior to the deadline contained in the Special Conditions, for questions of a material nature, or prier to seven (7) business days before RFQ due date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all Bidders and all objections are waived by the Bidder. 3.11 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested by the City to determine suitability. Samples shall be requested after the date of RFQ opening, and if requested, shall be provided by Bidder to the City within seven (7) business days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, and upon request of the Bidder, 1 will be returned within thirty(30)days of RFQ award at Bidders expense. When required,the City may request full demonstrations of units prior to award. When such demonstrations are requested,the Bidder shall respond promptly and arrange a demonstration at a location selected by the City. Failure to provide samples or demonstrations as specified by the City may result in rejection of the RFQ. 3.12 PUBLIC RECORDS: Bidders are advised that the Sunshine Law and Public Records.A+ct.(Chapters 286 and 119, Florida Statutes, respectively)are applicable to the City. Information and materials received b y y the City in connection with an.RFQ response,as provided by Florida law, are public records. 3.13 DRUG FREE WORKPLACE PROGRAMS: Preference shall be given to business with Drug-Free Work Place programs. Whenever two or more Request for Quotes which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual .services, the :Bidder that provided proof to the City that it has a written Chug Free Mork Place program shall be given preference in the award process. 3.14 LEGAL REQUIREMENTS: Bidder shall comply with applicable provisions of all federal, state,county laws, City of Boca Raton Code of Ordinances, rules and regulations and the City of Boca Raton Procurement Code. Lack of knowledge of any such provision, by any Bidder, shall not constitute a cognizable defense against the legal effect thereof. Pursuant to Chapter 2 (Administration), Article Vill (Lobbyist Registration), Sections 2-351 through 2-357, Palm Beach County, Florida, Code of Ordinances, any person who ants as a lobbyist must register with Palm Beach County's Central Lobbyist Registration Site, prior to engaging in lobbying activities before City of Boca Raton staff,boards,committees and/or the City Council,or any member thereof. Lobbyist Registration Forms are available at: www. almbeachcoun ethics.corn/ df/forms/lobo istre istrationform, df 3.15 PROCUREMENT CODE: A copy of the Procurement Code is available for your review at www,myboca.us/purchasing. 3.16 CODE OF ETHICS/CONE OF SILENCE: If any Bidder is found to be in violation of the Code of Ethics of the City of Boca Raton and/or the State of Florida with respect to this RFQ, such Bidder may be disqualified from performing the work described in this RFQ or from furnishing the goods or services for which the RFQ is submitted and may be further disqualified from bidding on any future Bids for work or for goods or services for the City of Boca Raton. A copy of the City and State Ethics Codes is available at the office of the City Clerk, City of Boca Raton,201 W. Palmetto Park Road, Boca Raton, Florida. Page 3 City of'Brad Raton Public Safety Uniform Accessories RFQ No. 2013-235 Bidder shall comply with all Florida laws relating to conflicts of interest, including_ 112.3 _3_, Florida a u end—shad under appropriate circa instances, submit Form 3A, Interest in Competitive Bich for Public } Businesses.This form may be obtained from the City of Boca'Raton website at www.myboca.us/purchasing. 1 The Palm .Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Boca Raton. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence' provision that limits communication during the City's procurement process in regard to this RFQ. You are required to comply with Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance during this procurement process. The complete Palm Beach County Lobbyist registration Ordinance, including Section 2-355, may be found on the Palm Beach County Ethics website at http:l iwww.palmbeacheountyethics.com/pdf/Lobbyist Registration_Orddinance-2012.pdf 3.17 NON-COLLUSION: Bidder certifies that this RFQ is made without prior understanding, agreement, or connection with any corporation,firm or person submitting a RFQ for the same materials,services, supplies, or equipment and is in all respects fair and without collusion or fraud.No premiums,rebates or gratuities permitted, either with, prior to or after any delivery of material or provision of services. Any violation thereof may result in contract cancellation, return of materials or discontinuation of services and may be removed from the vendor Bid list(s). j 3.18 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any Request for Quote received and utilize other available governmental contracts, as provided by law, if such action is in its best interest. PART IV INSURANCE j 4.01 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by the City. The Contractor shall provide to the .Purchasing Division original certificates of current coverage meeting all such requirements and specifications prior to engaging in any activities under this contract. The certificates must list the City as an ADDITIONAL INSURED and shall provide no less than thirty(30)days written notice to the City of cancellation or material change. Further moffication of the insurance requirements may be made if circumstances change or adequate protection of the City is not presented. 4.02 INDEMNITYIHOLD HARMLESS AGREEMENT: Contractor .shall, in addition to any other obligation to :indemnify the City of Boca Raton Florida and to the fullest extent permitted bylaw, indemnify and hold harmless the City of Boca Raton, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses),and costs arising out of any bodily injury,sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss caused by any negligent act,error or omission,recklessness,or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount,type of damages,compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attomey's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Boca Raton to enforce this Indemnification clause shall be borne by the Contractor. The obligations.contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. This provision shall not be deemed to waive any of the rights or immunities accorded to the City by section 768.28,Florida Statutes,or any other applicable law. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 METHOD OF ORDERING: Items shall be ordered via an individual purchase order. 5.€12 DELIVERY: Time will be of the essence for any orders placed as a result of this RFQ. The City reserves the right to cancel any orders, or part thereof, without obligation, if delivery is not made in accordance with the schedule specified in the RFQ or as otherwise accepted by the City. Deliveries shall be made in accordance with City of Boca Raton security procedures. Page 4 City of Boca Rahn Public Safety Uniform Accessories RFQ No.2013-235 5.03 ACCEPTANCE, CONDITION, AND :PACKAGING: The material delivered in response to a RFQ award shall remain the properly of_the_Bidder...until...a.-physical--inspection-is-made and the material -accepted to the--_.. ..._.... _._.. satisfaction of the City. The material must comply fully with the terms of the RFQ, be of the required quality, new, and the latest model, unless specified in the Special Conditions. All containers shall be suitable for storage and shipment by common carrier,and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and satisfactory acceptance of materials or services. 5,04 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES: Items offered may be tested for compliance to RFQ specifications. Items delivered which do not conform to the RFQ specifications may be rejected and returned at Contractors expense. Any violation resulting in contract termination for delivery of items not conforming to specifications, or late delivery may result in enforcement of all remedies in law or equity or as f specified in the City's Procurement Code. 1 5.05 CHANGES 1 MODIFICATIONS: No negotiations, decisions, or actions shall be initiated or executed by time j Contractor as a result of any discussions with any City employee that changes or modifies the requirements of the.RFQ and or Contract. Only those communications,which are in writing from an authorized representative:of the City and the Contractor, in accordance with the City of Boca Raton Procurement Code and or purchasing operating procedures, may vary the terms of time written RFQ or contract. 5.06 PAYMENT TERMS., CASH DISCOUNTS AND INVOICES: Payment terms, unless otherwise stated in this RFQ,will be considered to be net 30 days after the date of satisfactory delivery at the place of acceptance and receipt.of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery at the place of acceptance,and receipt of a correct invoice at the office specified,whichever occurs lasts. Partial billing will not be accepted unless authorized specifically in the Special Conditions. Invoices must be submitted against each individual purchase order. Invoices without a correct and valid purchase order number may not be processed for payment. r Request for payment for any and all invoice(s)that may arise as a result of a contract or purchase order issued pursuant to this RFQ specification shall minimally meet the following conditions to be considered as a valid payment request: (.a) Timely submission of a properly certifiable invoice(s),in strict accordance with the price(s) and delivery elements as stipulated.in the contract or purchase order document,submitted to: The City of Boca Raton, Financial Services Department City Hall,201 W. Palmetto'Rd,Boca Raton, FL 33432 PH:551-393-7727 (b) All invoices submitted shall: consist of an original and one (1) copy; clearly reference the subject contract or purchase order number; provide a.sufficient salient description to identify goods or service for which payment is requested; contain the date of delivery; contain an original or legible copy of signed delivery receipt including both manual and printed name of a designated City of Boca Raton employee or authorized agent who received the goods,and identify invoice as"partial"or "final". (c) Time invoice shall contain the Bidder's Federal Employer ldentification number and clearly reference time Contractor's Business name and address for payment. 5.07 SAFETY STANDARDS: Manufactured items, fabricated assemblies and on-site contractor services shall comply with all applicable federal; state and local requirements. For on-site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be limited to: required employee safety& health training,written safety and health programs, provision of required personal protective equipment(PPE), and/or provision and use of required atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a Material Safety Data Sheet (MSDS), as required by time Occupational Safety and Health Act(OSHA) of 7970; as amended, and any other applicable federal, state and :local regulations. Page 5 City of Boca Raton Public Safety Uniform Accessories RFQ No.2013-235 5.118 ASBESTOS STATEMENT. All material supplied must be 1001% asbestos free. Bidder, by virtue of bidding, certifies that if awarded_any portion ..cat_ti e_RFQ,.._Bidder-will-supply-only material_..or-equipment...that_is 1,0QP/o asbestos free. 5.09 OTHER GOVERNMENTAL ENTITIES: When there is sufficient capacity or quantities available, awarded bidder may provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the RFQ and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. Each governmental entity allowed to use this contract shall do so independent of any other governmental entity, 5.10 INDEPENDENT CONTRACTOR.: Contractor undertakes performance of the services as an independent contractor and .shall be wholly responsible for the methods of performance. The Contractor, nor the sub- contractor or their employees or their agents, shall not receive any City benefits,stipend or privileges afforded to City employees. 5.11 ASSIGNMENT: The City and Contractor each binds itself and its directors., officers, partners, successors,, executors, administrators, assigns and legal representatives to the ether party to this contract. Any assignment, sale, pledge or conveyance of this contract by Contractor must be previously approved.in writing by the City_ 5.12 NON EXCLUSIVE CONTRACT: Contractor.agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. a 5.13 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this RFQ/Contract, or if the Contractor shall violate any of the provisions of this j contract, the City may, upon written notice to the Contractor., terminate the right of the Contractor to proceed under this contract, or with such part or parts of the contract as to which there has been default, and may hold the Contractor liable for all damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City,become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however., shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the contract by the Contractor, and the City may withheld any payments to the Contractor for the purpose of setoff, until such time as the amount of damages due to the City from the Contractor can be detennined. 5.14 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract in whole or in part by giving written notice to the Contractor thirty (30)days prior to the effective state of such cancellation. In the event of such termination,any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 5.15 TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period. Continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law, and contract, and shall be terminated without penalty to the City and without any default upon the last day in which funds were last appropriated. 5.16 RECORDSIAUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and supporting records in accordance with generally accepted accounting practices and standards for records directly related to this contract for a minimum of(1)year beyond the last day of the contract terra. The form of all records and reports shall be subject to the approval of the City. The Contractor agrees to make available for review and audit to the City and or City Consultant, during normal business hours and in Broward, Miami Dade or Palm Beach Counties, all books of account, reports and supporting records relating to this contract for the duration of the contract and for one year following the last day of the contract. 5,17 POST SALE AUDIT ADJUSTMENT., All items sold to the City of Boca Ratan as a result of this RFQ are subject to Post Sale Audit Adjustment. In the event that an audit reveals the vendor has not honored quoted pricing, price lists or discount structures, vendor will be liable and will be invoiced and collected with{30) days for any and all overstated charges. Failure to remit may result in termination of the contrast Page 6 City of Boca Raton Public Safety Uniform Accessories RFQ loo. 2€113-235 5.18 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his own expense, obtain all necessary permits: y all licenses., ea.�nd_taxes.,.which-.. mply_vrith_a1!_local.ordinances,:state:and.federal_laws,_rule.s and regulations applicable to business to be-carried on under this contract. City of Boca Raton permit fees will be waived by the City, however,fines and penalties will be assessed based upon standard fee structure. 5.19 CONTRACTOR REGISTRATION: If applicable,the Contractor must first register with the department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. Contractors awarded work involving a permit shall register with the City of Boca Raton License Office prior to performing the work. 5.20 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un-patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design., device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without:exception that the RFQ prices shall l include all royalties or costs arising from the use of such design, device, or materials in any way involved in the j work. 5.21 LAWSIORDINANCES: The Contractor shall observe and comply with all Federal, state, county, local and municipal laws, ordinances rules and regulations that would apply to this contract. Further, Contractor acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of 1 the Immigration Reform and Control Act of 7986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm{s}to comply with the'laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement. 1 5.22 COMPLIANCE ttli"ITH CITY OF BOCA RATON ORDINANCE: Awarded vendor shall comply with all applicable Boca Raton City_Ordinances,including,but not limited to, 16-57,"Display of Identification on Trucks and Related Commercial Vehicles", which mandates vehicles be designated by lettering of two inches minimum size on either side of the vehicle indicating the name and address of the person owning or operating the same for commercial use. 523 GOVERNING LAW AND VENUE: Contracts shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the contract will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. By entering into this award, Contractor and City hereby expressly waive any rights either party may have to a:trial by jury of any civil litigation related to this award. 5.24 NON-DISCRIMINATION: The City of Boca Raton is an equal opportunity employer and prohibits discrimination on the basis of race,color, religion,national origin, sex, age, marital status, disability,and/or political affiliation in all:aspects of its personnel policies and procedures,programs,practices and operations. 5.25 CITY POLICIES: Awarded contractor shall comply with the City of Baca Raton Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy_ Copies of these policies may be obtained from the City of Boca Raton Human Resources Division. Violations of these policies may result in cancellation of the contract. 5.26 ADDITIONAL DISCOUNTS: Should sales promotions occur during the term of the contract that lower the price of the procured item or items,the vendor shall extend to the City the lower price offered by the manufacturers or Vendors on any such promotional item. Further, any price decreases effectuated during the contract period by reason of market change, quantity discounts,or otherwise, should be passed on to the City of Boca Raton. Page 7 City of Boca Raton Public Safety Uniform Accessories RFQ No. 2013-235 SPECIAL CONDITIONS PART I INSTRUCTION TO BIDDERS: 1.1 INSTRUCTIONS TO BIDDERS TheCity of Boca Raton, Florida is hereby requesting quotation responses by the Reply date of 2.00 RM, E.S.11; 111 Quotation responses may be faxed, mailed, hand delivered or sent electronically(if applicable) via the City's online bidding system. The City of Boca Raton shaff not be held responsible for the coMent of bid packages or addendums obtained ftm any third party source. If deernedin the City's best interest,late quotes maybe accepted. Bidders are instructed to the below instructions with hand delivering your RFQ. 1. Enter building throuqh the front entrance door(North side of City Hall Building) 2. Proceed to the Purchasing Division Office,Room 105 3. Present RFQ in the Purchasing Division for official datettime stamp prior to the closing date and time Any ambiguities or inconsistencies should be brought to the attention of the City through written communication Mth the City�Yb �3' ior to Reply date. The purpose of this bid is to provide Public Safety Uniform Accessories for Police Services annually,on an as needed basis, 1.2 INFORMATIO Any questions by prospective bidders should be directed to Tracy Golia, Purchasing Division, (Telephone Number 561-393- 7876)who is authorized only to direct inquiries to various portions of the RFQ so bidders may read and interpret such for themselves. No authorization is allowed by any City of Boca or Purchasing Division personnel to interpret or give information as to quotation requirements in addition to that,which is contained in the written RFQ document. Interpretations of the RFQ or additional information as to its requirements, where necessary,shall be communicated to bidde I b written addendum aftervyritten rp guests have been received from th to the Reply Date. Questions may be fa le on Company letterhead. PART 11 DEFINITIONS 2.0 DEFINITIONS 1. Public Safety-For the purpose Cf this RFQ,Public Safety Entities are defined am Police,fire, and Governmental Protection Agencies- PART 3.1 F.0.113 POINT - All prices quoted shall be F.O.B.destination,freight prepaid(Bidder pays and bears freight charges, Bidder owns goods in�anuit and files claims). The successful bidder shall befu|k/nwsp*nsi�e8�anv and all�ave>expenses and/or - deA�eryOuanmpo�charges to and h�mdmmt�a1imn. Exact deUverypoint will heind 'don the purchase order. 3.1 QUALIFICATION OF�BIDDERS This bid shall be awarded only to a responsive and responsible bidder,qualified to provide the work specified and meets or exceeds the qualification requirements listed below. The bidder should submit the following information vidh their bid package to be considered responsive in order for the City to fully evaluate the firm's qualifications. If information is not included,the City reserves the right to solicit bidder for the subm ission of this information. Failure by bidder to provide the omitted information Within the specified time frame(s) communicatedin writing may result in bidder's bid response being considered non-responsive and thereby re*ted. Response for each qualification requirement should be submitted by use of the City provided Qualificatijon of Bidders Form. 1 Bidder nho|/ have a minimum of three / uniform accessories /rc/upmg duty nmwns, nmmmems and nesn/ignnn wmxwuwmd within the time period ranging from 4U/2010-V1/2J13. References tobm for accounts that are similar in size and scope for the groups being bid on, Page 8 ) City of Boca Raton Public Safety Uniform Accessories RFQ'No. 2013-235 2, The City will not award a bid to any bidder who cannot provide evidence that their Firm Name identified on the "Signature of Bidder"farm hta�bee.n_in-b-usiness_for-a-minimum-of-one_(()-year-excluding-any-affiliate-or-par t ..-------- companies. Evidence of a minimum of one(1) year shall be verified in accordance with.filing date by the State of Florida or the Firms State of Origin of Bidder's firm. 3.3 COMPETENCY OF BIDDERS Pre-award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance to insure that they can satisfactorily execute the services under the terms and conditions stated herein. The term"equipment and organization'as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 3.4 BACKGROUND INFORMATION The City reserves the light,before awarding the Contract to require a Bidder to submit such evidence of hislher qualifications as it may deem necessary,and may consider any evidence available to it as to the financial,technical and other qualifications and abilities of a Bidder,including past performance(experience)with the City. 3.5 REFERENCES As part of the Bid evaluation process.,the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidders submission of a Bid constitutes acknowledgment of the process and consent to { investigate. City is the sole judge in determining Bidder=s qualifications. 3.6 SUBCONTRACTING If a vendor subcontracts any portion of a contract for any reason,he must include,in writing the name and address of the subcontractor,name of the person to be contacted including telephone number and extent of work to be performed. This information is to be submitted with laid response.If vendor should need to change subcontractor information,changes are subject to the approval by the City. The City of Boca Raton 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 contract of a similar nature,or who is not in a position to perform properly under this award. 3.7 ALTERNATIVESIAPPROVED EQUALIDEVIATIONS The following supersedes and replaces G.G.3.09 Except as provided below, each bidder represents that their bid is based upon the specifications described in the bidding document. No substitutions for ether manufacturer's will be considered for evaluation unless a written request with a sample accessory has been submitted to Tracy Golia, Buyer, in the City of Boca Raton Purchasing Division for consideration by 5:00 PM on .. Each such request shall include the following at a minimum for evaluation by the City _ 1. Bidder shall identify the bid item number that the afternatelsubstitution is being requested for and submit aside by side comparison of the specifications for the garment as per below: a) Manufacturer Flame b) Manufacturer Style and Model Number C) Color d) dill.Regular/Special Sizes or Fits Offered e) Additional supporting documentation f) Availability(Stock item or Special Delivery Item) 2. Bidder shall submit a sample. Sample to be clearly labeled Frith: Bid item number Brand Manufacturer Style and Model number on the sample. 3. Bidder shall submit a letter from the manufacturer stating that manufacturer has been regularly engaged in manufacturing the lines of product being submitted for a minimum of five years and has the capacity to ship product within the delivery tithes identified in RFQ 2013-235, Page 9 City of Boca Raton Public Safety Uniform Accessories RFQ No.2013-235 ubmission_of- marmufacturer-catalogs-as-evidence--ef-product--winpliance-wiil--not be-accepted-to fulfill-t#he -- l Alternative Product/Approved Equivalent requirements as set forth herein. Failure to submit in the format identified and/or failure to meet each of the above requirements for alternative product submission will result in the City's rejection of the alternative product(s)for evaluation. The determination as to whether any alternate is equal to or better than or not equal to the gair>ment shall be made solely by the City of Boca Raton and such determination shall be final and binding upon all Bidders. The City shall not be responsible for any cost associated with sample delivery or return. The awarded vendor shall be responsible for pick up or return of sample products upon request by the City. If a bidder is unable to obtain written approval of any substitution from the City prior to the ITS closing date,then bidder shall base their bid on the exact brand and model numbers specified. If the City approves any proposed substitutions,such approval will be set forth in an addendum. 3;8 WARRANTY The successful bidder shall fully warranty all products supplied in accordance with this bid against defect in materials and workmanship throughout the term of the contract.Should any defect in materials or workmanship,excepting ordinary weir and tear,occur at any time,the City may return the item for replacement at no cost to the City. 3.9 TERMS,CONDITIONS AND SPECIFICATIONS With the exception of submitting an"Alternate"in accordance with item 3.09 of the"General Terms and Conditions",no additional terms,conditions or specifications included with bidder's bid response shall be evaluated or considered and any and all such additional terms,conditions and specifications shall have no force and effect and are inapplicable to this Bid. If submitted either purposely through intent or design or inadvertently separately in transmittal fetters,vendor quotation/proposal forms., specifications,literature,price lists or warranties,it is understood and:agreed the general conditions,special conditions and specifications in this Bid are the only terms applicable to this Bid and bidders authorized signature attests to this. 3.10 METHOD OF AWARD The City reserves the sight to award group by group OR on an all or none basis. Bidders are required to laid all items in a group to be considered. 3.11 POST AWARD MEETING Within 7 days after receipt of notification of bid award,successful bidder(hereinafter referred to as the vendor)shall have their assigned account representative meet with the City Project Manager. Items to be reviewed include,but are not limited to- Ordering procedures(i.e.tracking of order, back order communication,etc.) - • Contact fists and phone numbers • Return Authorizations • Sizing Charts PART IV INSURANCE INSURANCE REQUIRED FOR DELIVERY-EXEMPT IF BIDDER UTILIZES MAJOR.COURIER SERVICE FIRM SUCH AS, UPS,FEDEX,ETC. (Proof of ability to obtain insurance to be submitted with bid document) WORKERS COMPENSATION The Contractor shall procure and maintain, for the life of this Contract/Agreement, Worker's Compensation Insurance covering all its employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federal:lays.This coverage shall extend to any subcontractor that.does not have their awn Workers' Compensation and Employers Liability Insurance. The Contractor agrees to notify the City within (a) business days of coverage cancellation, lapse or material modification by written notice to the Purchasing Division by Fax to 581-393-7983. Page 10 City of Boca Ratan Public Safety Uniform Accessories RFQ'No.2013-235 COMMERCIAL GENERAL LIA ILITY The contractor shall procure and maintain,for the life of this ContractlAgreement, Commercial General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors` Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be$500,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability with no more than a$10,000 deductible. The City of Baca Raton crust be named as an additional insured. The additional insured requirement is waived if the vendor.is delivering a product owned by the City. The Contractor agrees to notify the City within (5) business days of coverage cancellation,lapse or Material modification by written notice to the Purchasing Division by fax to 561-393-7983. BUSINESS AUTOMOBILE LIABILITY The contractor shall procure and maintain,for the life of the ContracVAgreement,Business Automobile Liability Insurance. The minimum limits of coverage shall be $500,O00 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an"Any Auto"or"Comprehensive Form"type policy. In the event that the Contractor does not own any vehicles,we will accept hired and.non-owned coverage in the amounts j listed above. to addition,we will require an affidavit signed by the Contractor indicating the following: Special Products Group Noes not own any vehicles. "Company Nance" 1 In the event we.acquire any vehicles throughout the term of his Contract/Agreement, Special Products Group agrees to purchase"AnyAuto"or "Company Name" Comprehensive Form coverage as of th date of acquisition. Contractor's Signature: The Contractor agrees to otify the City m4thin (5) business days in the event of coverage cancellation or non renewal, material change,modification or lapse of coverage by written Notice to the Purchasing Division by fax to 561-393-7983 SUBCONTRACTOR'S INSURANCE The Contractor shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverage's required of the successful Contractor. Each subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance, and successful Contractor shall furnish one copy of the Certificate to the City of Boca Raton. SUPPLEMENTAL PROVISIONS 1. The insurance policy coverage as outlined herein shall remain in effect for the entire contract period. In the event of coverage cancellation,non renewal, material change,modification or lapse of coverage,Contractor shall notify the City within(5)business days with written notice of such to the Purchasing Division by fax to 561-393-7983. 2. All renewal or replacement certificates of insurance specific to the contra+ctlagreementlaward shall be fonnnrded to the City of Boca Ratan Purchasing Division with a copy to the Boca Raton Department as identified in the Purchase Order/Agreement. Original certificates to be sent attention of City of Boca Raton, Purchasing Division, 201 W. Palmetto Park Road.,Boca Raton, FL 33432. PART V PURCHASE ORDER AND CONTRACT TERMS 5.1 CONTRACT PERIOD AND RENEWAL The initial contract period shall be for JWMM automatically renewed thereafter for "a, " ` y° renewal periods subject to termination clause(s)as provided herein. Automatic contract renewal shall be subject to the appropriation of funds,satisfactory performance and deter-nination that the contract renewal is in the best interest of the City.The City Page 11 City of Boca Raton Public Safety Uniform Accessories RFC No.2013-235 requires a firm price for the first year of the initial contract period. Annual renewals will be based on the Vendor agreeing to the same terms,conditions.-p[i_cing_.and-spec ifications._Eor_the_purpose-of re-bidding,-the contract_rnay-be_extended t the City's option for a defined period of time,not to exceed six(6)months.Citation for extension will only be exercised upon mutual written agreement and with all terms,conditions and unit prices adhered to with no deviations. Prior to each annual renewal,the City may consider price adjustment(s)on Iv when a written request is received by the Buyer identified herein a minimum of ninety(90)days prior to the renewal date for review by the City..Vendor is responsible for verifying that written price:request was received by the Buyer within ninety(90)days_ Vendor's written request shall identify each bid item affected and proposed:price with written justification and supporting documentation attesting that the request is a bonafide cost increaseldecrease to the vendor. Failure to submit the required supporting documentation may result in the price adjustment request being denied.Vendor's requested price adjustment is subject to City approval,and shall require written acknowledgement from the Buyer. In the event that the City does not wish to accept the adjusted cosf(s)and the matter cannot be resolved to the satisfaction of the City,the Contract may be terminated by the City by giving written notice to the Vendor. In the event that a cost decrease is realized due to changes in the economy(CPIICPU and/or decreases that are:industry.specific),the City shall have the right to request and receive from the Vendor a reasonable reduction in casts. 5.2 CONTRACT ALTERATIONS The City may require additional items of a similar nature, but not specifically identified in the contract. The Contractor agrees to provide such items, and shall provide the City prices on such additional items or services based upon a formula or method which is the same or similar to that used in establishing the prices in this bid. If the price(s)offered I are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items from other vendors or to cancel the contract. Furthermore, the City reserves the right to 1 delete or revise items and services under this bid at any time during the contract period when and where deemed necessary. Deletions may be made at the sole discretion of the City at any time during the contract period. Items added must be mutually agreed upon in writing by the Contractor, the City's Project Manager and Purchasing Manager or appointed designee. 3 3 DELIVERY TIME It is hereby understood and mutually acireed by and between oarties hereto that the time of delivery is an essential condition of this contract. Delivery time requirements must be in accordance with 6.2, Part VI. Failure- to supply deliveries within requested time period may result in contract cancellation. 1 5.4 DEFAULT In the event that the Contractor cannot respond adequately to the performance requirements identified herein by reason of equipment failure or any other reason, the Contractor shall advise the City in writing within 24 hours of said inability, and further advise as to the length of said inability.The City may them consider said inability to be a breach of this contract.and may cancel any outstanding orders with no penalty to the City and undertake the necessary work from .another vendor source or from the next lowest responsive,responsible bidder. 5.5 QUANTITY The quantities shown are estimated as an annual requirement. The City of Boca Raton reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. 5.6.ACCEPTANCE AND PAYMENT In conjunction with General Terra and Condition No. 5.03 and 5.06,The City of Boca Raton will pay 100%of the contract price after all services have been provided and accepted by the City. The using department will make final inspection of the services as referenced in this bid to insure services are in accordance with the specifications and must be approved before payment is made. Failure in the awarded vendor's responsibility as outlined may result in either one or any of the following:as determined by the City: • Request for immediate replacement of services of partial or entire order. • Payment withholding until compliance is received and approval granted. • Cancellation of partial or entire order at no cost to the City. If an agreement cannot be reached between the City and the Contractor to resolve the problem to the City s satisfaction, the City reserves the right to negotiate with the Contractor on a payment for the work completed and usable to the City. Invoice must reflect purchase order number. 5.7 PERFORMANCE EVALUATION Throughout the contract period the vendor(s)performance will be closely monitored by City staff. The awarded bidder will be evaluated by use of the City of Boca Raton Performance Report. A sample Vendor Performance Report may be obtained upon request of the Purchasing division. If the vendor(s)performance fails to meet the standards specified within Page 12 City of Boca Raton Public Safety Uniform Accessories RFQ hire. 20113-235 the bid and receives an unacceptable rating,the City may without cause and Without prejudice to any ether right or remedy, terminate the contract whenever the City determines thats-uch-termination-is_:in-the_best_interest-of the-City. l-ndoes receiving an unacceptable rating will be notified by certified mail. Contract:termination shall he served by written notice by } the Purchasing Division. 5.8 OVER RUNS The City will only pay for exact quantities ordered. All costs shall be borne by the awarded vendor for over runs.The City will not be responsible for payment of over runs. 5:9 REQUESTS FOR CATALOGS AND/OR MANUFACTURER RETAIL PRICE LIST Awarded Vendors shall provide copies of catalog or manufacturer's .retail price lists for products specified herein. Request retail price list or manufacturer catalogs shall be received by the City within 2 working days upon request. Awarded Bidder shall advise if manufacturer catalogs/retail price list are made available via the Internet. 5.101 AUTHORIZED DISTRIBUTORI RESELLER For manufacturers that utilize an authorized reseller network, the awarded bidder must maintain their status of being an authorized distributor of the manufacturer for items/products bid under this solicitation during the contract term. A copy of a current authorization letter from the manufacturer shall be submitted as proof of the above. PART V1 TECHNICAL SPECIFICATIONS 1 6.1 SCOPE OF WORK 1 The City of Boca Ratan requires a qualified vendor(s)with the ability to furnish and provide Public Safety Accessories for Police Services,as specifier)herein. Various Accessories including Duty Belts, Holsters,and Flashlights are required for Police Services'daily uniform.Ordering will be done on an as needed basis.Initial order quantities will consist of new standard issues,stack replenishment items, and/or replacements, I 6.2 Order Placement 6.2.1 Procedures A. The vendor shall have a standard method of ordering via email, fax, or an online ordering system. Sample order form.snail be provided. B.After each order is placed,the successful bidder shall review the order and provide confirmation of receipt within 24 hours.The vendor at this time shall identify if any items are on back orders and the anticipated shipping date. Items are to be shipped in full unless approval.is obtained from the City Project./Manager. 5.2.2 Restrictions There shall be no minimum ordering requirements as part of the bid requirement. There shall be no split box charges applied for public safety uniform accessories identified herein.The City will make a determined effort to consolidate orders fqr like items whenever possible. 6.2.310elivery Requirements All items identified herein shall be delivered within 30 calendar days. Delivery time includes time from placement of order to shipment being delivered to designated location 6.2.4 Back Orders A_. Any item delivered or scheduled to deliver past the 30 day delivery time frame is considered to be back ordered.Delivery time includes time from placement of order to shipment being delivered to designated location. B. Backorders(items past the 30 day delivery requirement)require a letter from the manufacturer substantiating the track order and identifying the anticipated deliverylavailability of the item and submitting the letter to the City Project Manager within 7 days of the order placement.For known items that are on back-order for more than 30 days,the City reserves the right to provide notice of cancellation with no fee to the City.The City reserves the right to obtain the item from other sources,including the next lowest responsive and responsible bid response 6.2.5 Delivery Ticket/Packing Slip Remquirements/ ackaging Page 13 City of Boca Raton Public Safety Uniform Accessories RFQ No.20113-235 Deliveries shall be made to the Police Services Department, located at 100 N.1N, 2' Avenue, Boca Raton, FI 33432 to the aftentLQ[Lof-the-ProjecLManager-referenced-on-the-purchase-order-issued.-The�awarded-bidder-shalI enclose a complete packing slipldelivery Picket detailing all items ordered/shipped.The packing slip ticket shall be attached to the outside carton and include the following at a minimurrm- • .Purchase Carder plumber Total Order Quantity&Total item Shipped • Name of Item,Stock Number • Name of Project manager/City Contract/Ordering Department 6.2.6 Product Returns/Exchany.��{{etReturn Authorization A.Items shipped in Error by Vendor or found defective Items found defective or wrongly shipped, shall be acknowledged and returned vvithin 7 business days after receipt of order and process for exchangetreturn authorization. Any defective, damaged, or otherwise incorrectly shipped items shall be returned at no cost to the City. This includes restocking,service, or delivery charges. The Vendor shall be responsible for either providing a shipping account number or a pre-paid return mailing label such as Fed Ex/UPS at no extra Cost to the City. The Awarded Vendor shall have a return authorization program in place that provides a return authorization number or code. The Vendor shall notify the City Project Manager if the item will need to be re-ordered,or if it will a! ship automatically.No Returns shall be shipped or picked.dap without an authorized return number or code. A credit memo shall be issued to the City Project Manager and the Accounts Payable Division within 3 business days after completion of the return authorization procedure.The Credit Memo shall identify the order number and invoice. B.Items Ordered in Error by the City The Awarded Vendor shall have a return authorization program in place that will track items being returned. The vendor shall provide a return authorization number or code.The City will be responsible for shipping costs. A credit memo shall be issued to the City Project Manager and the Accounts Payable Division within 3 business days after completion of the return authorization procedure. The Credit Memo shall identify the order number and invoice. 6.3 Account Su ervisor There shall be an Account Supervisor assigned to the City's account.The representative shall be the point of contact for the awarded vendor to assist with ordering procedures, product information, order tracking, and any performance issues regarding the City's account.The representative shall be able to assist in fixing any issues immediately and be responsible for all emails or any other form of communication. The Project Manager for the City will be responsible for the carder placement and administration of the terms and conditions of the bid requirerrment.The project manager currently assigned is Quartermaster, Frank Giannattasio. 6.4Sneeifications Group 9-Belts & Holsters (SafarlLand) 1. Safariland Level III Retention Duty Holster RH Mfr.Style No: 63601-2182-131 (Right Hand) Color: STX TAC Black. Features:The 6360 Level 111 Retention Holster features the Safariland Automatic Locking System(ALSO').The Automatic Locking System uses an internal locking device to retain the weapon securely in the holster in any direction.The 6360 holster features the 6070UBL, a mid-ride belt loop that allows the holster to ride close to the body and a SafariLam1nateT1,1 finish to match traditional leather looks with synthetic longevity and ease of cleaning. Inside,a SafariSuede"m lining helps protect the sight and finish. Fit: Smith &Wesson M&P 8mm&.40 with ITi M3,TLR-1,SurefireX200, X300, LAS-TAC 2,or sS.L-1 2. Safariland Level III Duty Holster LH Mfr.Style No:6360-299-132(Left Hand) Color: STX TAC Black Page 14 City of Baca.Raton Public Safety Uniform Accessories RFQ No..2013-235 Features:The 6360 Level III Retention Holster features the Safariland Automatic Locking System (ALSO).The Automatic Lockin, S stem uses are-internal_lockincg-device-to_retain-the-weapon-securely-in the-holster-in-and+ direction.The 6360 holster features the 6070UBL,a mid-ride belt loop that allows the holster to ride close to the body and a Safaril-aminateT111 finish to match traditional leather looks with synthetic longevity and ease of cleaning. Inside,a SafariSuedeTm lining helps protect the sight and finish. Fit:Smith &Wesson M&P 9 m&.40 with ITI M3,TLR-1,SurefireX200,X300, LAS-TAC 2,or sSL-1 3. Safariland t3C Soray Holder Standard Tors Flan Mfr.Style No: 38 _ Color: Plain Black Features:Part of the 600416005 Tactical System Dimensions: 1.40"x 4"and 1.40"x 5 4. Safariland Belt tteeoer Hidden Snap Mfr.Style No: 62 Color: Alain Black 5. Safariland Double Handgun Maciazine Pouch j Mfr.Style No, 77 1 Color: Plain Black Features: Fits belts 2.25"wide,Ambidexterous,part of the 600406005 tactical system Fit: Smith&Wesson M,&P 9mm 6. Safariland Hanel Cuff Pouch Top Flap Mfr.Style No:190,for chained cuffs only Color:Plain Blau } 7. Safariland Baton Holder for Expandable Batons Mfr.Style No:35 Color: Plain Black Features: Designed for expandable baton,extended baton can be reholstered, Fits: 16° 21"or 26"size batons Safariland 8. Universal radio Holder Mfr.Style No: 760-22 Color: Plain Black 9. Safariland Concealment Magazine Holder Paddle Single with Cuff Pouch Mfr.Style No: 573 Color: Plain Black Features: Combination single magazine holder/handcuff pouch, unique paddle design features a self locking belt hook,adjustable tension device., available in Plain Black finish Group 2-Belts&Holsters(5.11) 1. 5.11 Tfll1 Belt-1..75"Plastic Buckle Mfr.Style No: 59552 Color., Alain Black Features: Equipped with a non metallic buckle and heavy duty nylon,the 1.75"TDU Belt won't set off metal detectors and can secure gear when a tie down is missing Size: S—L, Oversizes: XL-4XL Group 3- Belts & Holsters—( Blackhawk, Blanch!) Page 15 City of Boca Raton Public Safety Uniform Accessories RFQ No. 2013-235 1-.----Btackhawk --� X-26 Taser Holster, Duty Mphos (Right Hand) Mfr.Style No:44H513PL R Color: Plain Black. Features:Automatically engages the safety when re-holstering. Holster bottom is configured to block the probes in case of accidental activation.Trigger and trigger guard are completely enclosed inside holster. Belt loop fits most duty belts. Extended coverage protects poly carbonate digital readout window. Protects cartridge in holster. Fit: Smith &Wesson .45 and Pro 9140 Left or Right 2. Blackhawk X-26 Taser Holster, Duty Xiphos(Left Hand) i Mfr.Style No:44H513PL-L { Color: Plain Black Features:Automatically engages the safety when re-holstering. Holster bottom is configured to block the probes in case of accidental activation.Trigger and trigger guard are completely enclosed inside holster.Belt loop fits most duty belts. Extended coverage protects poly carbonate digital readout window.Protects cartridge j in holster.lade-Tech Fit: Smith&Wesson .45 and Pro 9140.Left.or Right 3. BIANCHI Duty Belt,Model 7980 Mfr.Style No:7980-(23384,23385,23386,22387,22388x22389) Color: Plain Black Feature: The Model 7980 Duty Belt features 4-part laminate construction for firmness and holster support. It features a Duraskin"m exterior. It features the Tri-Release"I shatter-resistant polymer buckle.Its 3- point release-provides extra security from inadvertent release Size:XS-L, Oversizes:XL, 2XL 1 4. Bianchi Underbelt, Model 7205 Mfr.Style No: 7205-(177175,17706,17797,177118,'17709,177.10) Color: Black Features:The Model 7205 Liner Belt features a durable nylon web construction with Ball-length hook lining. It has a hook and loop closure for quick on/off ease and is 1.5"(38 mm)wide Sizes:XS-L, Dyersizes:XL, 2XL Group 4-Ftashli hts 5.11 1. 5.11 Tactical - TPT R7 NiNH Rechar eable Full-Size Duty Fiashli ht Mfr.Style No: 53157 Features: Charging cradle included,bath AC&DC connectors included. Intelligent switch with High/Low strobe. 2. 5.11 Tactical TTP' L2 Tactical Flashlight Mfr.Style No: 53155 Features: Batteries included. 215 lumens of light output. 3.5 hours of run time. Nylon pouch included. 3. 5.11 Tactical TPT R5 NINH Rechargeable Mid-Size Duty Flashli ht Mfr.Style No: 53155 Features: Charging cradle included, both AC&DC connectors included. Intelligent switch with High/Low strobe. 4. 5.11 Tactical TAC-R1 Ulon RechaLgeable Tactical Flashlight Page 16 City of Boca Raton Public Safety Uniform.Accessories RFQ'No.2013-235 Mfr.Style No: 53151 t -s�attery-paGk-included=charging-er-ad€e--included=botb-AC&-DG-connectors included. Intelligent switch with High/Low strobe. 5. 5.11 Tactical !Rechargeable Batteries and lacks for Above Flashlights—not yet Iistedj 6. 5.11 Tactical Fiashiiaht Holster for TPT R5 Mfr.Style No: 53154 Features: Attaches to all belts, pivoting holster design 7. 5.11 Tactical ATAC XL Holster Mfr.Style No: 53166 Features: Fits ATAC-RI,adjustable clip for belt or webbing. a. 5.11 Tactical Flashlisaht Holster for TPT L2 Mfr. We No: 53165 Features:Adjustable clip for belt or webbing 1 1. Darcy Group 5-Flashlights (Darcy) � Electronic Signal Light Mfr.Style No:41-1060 Features: Red signal light with flashing 1 steady modes 6.5 MANUFACTURER WEBSITE FOR MINIMUM PRODUCT SPECIFICATIONS All items bid shall be in accordance with the manufacturer's specifications as listed per website. Manufacturer Website 5.11 Tactical www.511tactical,corn Safariland www.safariland.com B.lackhawk www,blackhawk.com Dorcy www.dorcy.com BIANCHI WWW.BIANCHI-INTL.COM Page 17 City of Boca Rahn Public Safety Uniform Accessories RFQ No.2013-235 BIDDERS CERTIFICATION — �— ` aGo- :2H¢°.E z:; 1 4,„. � $ £"e �� « A :m£:a £x. a' 4�E, 8 «.•?°��32 ?a; �-§ � I 83$ 5s � X% ¢«°e' _- x°=s e�ea°t�3:: �7 pp 9. ,y} �.£[j�ry� d$!gE �j �i�i °":•.j"::E" �t »`,'M:,L y, r)"�.{. p .. 5y) ]9y9jdj';•y;..:G:G3IdtLtBI:WY2".:G9Am6Pe�cd 99 . .44,� k.[i 1�f=w?9:t e. :¢£ € °asl�" "y/ ({£ sCR��.� S+S$ °�¢£1e��' E .[''� 5;4��$Fi�. 3 '']�"R•,[{j{1'.d'>I.A'�flr:"°".c2G:9 x£fM..'3<'m°:e°.d<.-...°.......m... ....ma :" . �yY°�y A ..._ .. 4p'.�°vA°.°G g..¢.. r �ndlrr .ex his: [ ;R w i, lam ::m ¢ �.. � . � :; Aa...,e. ..« ¢,.¢ a�a ,..f ?wo£:W� ag .,..«.«•E79¢:°,mw x`£aGr w-st- °®;...«.«.«a�i ssGrki°:.*4 •s=mmQ %�z R x ? ,¢ _.....,.., ..m.. _Vim'-s?-iWWx,.,d. ?d>2 x exs...n .«.ats. F«G=,33:k z£ ✓G..x.@: *Bidder must submit proof that their firm name is registered with their Mate of origin. "Name of Bidder(Firth Name as Registered with their State of origin) Business Address: Safety Schell Corporation (dba Special Products Group) Street Address (P.O.Sox Address is not permitted) City, State,Zip 2023 Corporate Drive, Boynton Beach, FL 33420 Mailing Address: 0 Check I Same:as Business.Address above Street Address City, State,Zip Print name and Title of Person Signing this Forty Gerard C. 5cheller 21 xJ a ne 2013 561-732-0360 561-732-0879 Date Telephone Fax No. - Email Address of Person Signing this Form: ferry @Specialproductsgraup.com Federal l.D.No.: 20-2191421 Page 18 City of Baca Raton Public Safety Uniform Accessories RFQ No. 2013-235 BID FORD!] l bidders must bid on all items in a group to be considered.All items are per the Specifications,Terms,and Co.uditions as stated in RFQ 2013-235. Group 1: Holsters and Accessories (Safarliand) lNo :Description Estimated Quantity UoM Unit Price Total Price Safariland 99.00 2,475.00 Level Ill Dirty Holster RH 1 Mfr.Style No:6360-215-13(Fight Hanel) 25 EA Fit:Smith&Wesson M&P 9mm&.40 with IT'I M3,TLR-1, SureflreX200,X300,LAS- TAC 2, or sSL-1 $ $ Safariland 99.00 2,475.00 Level 111 Duty Holster LH 2 Mfr.Style Nor:6360-219-132(Left Hanel) 25 EA Fit:Smith&Wesson M&P 9mm&.40 with ITI M3,T:LR-1,SurefireX200:,X300,LAS- TAC 2,or sSL-1 $ $ Safariland {3C Spray Holder Standard T612 Flan 21.00 525.00 3 Mfr.Style No: 38 25 EA $ $ Safariland Belt Keever Hidden Sna 15.00 for 375.00 4 Mfr.Style No: 62 25 EA 4 pacts Color. Plain Black $ $ Safariland 5 Double Handaun Manazine Pouch 25 EA 27.15 578.75 Mfr.Style No: 77 Collor: Plain Slag $ $ Safariland 6 Hand Cuff Pouch Top Flap 25 EA 27.15 678.75 Mfr.Style No: 190, for chained cuffs only Color: Plain Black $ $ Safariland 21.00 525.00 Baton Holder for Expandable Batons 7 Mfr.Style No: 35 25 EA Color: Plain.Black Fits: 16",21'or 26"size batons $ $ Safariland Universal Radio Holder 21.00 525.00 8 Mfr.Style No: 7613-22 25 EA Color: Plain Black Safariland 20.50 737.50 Concealment Mac€azine Holder,Waddle. 9 Sinale with Cu ouch 25 EA Mfr.Style Nor: 573 Color: Plain Black $ $ GRAND TOTAL Group 1 (items 1-9) $8995,00 Balance Line Item off Safariland Retail/Catalog Name of Bidder: Safety Schell Corporation dba Special Products Croup Page 19 City of Boca Raton Public Safety Uniform Accessories RFQ No.2013-235 Group 2: Holsters & Belts J5.11) i Item Estimated No. Description Quantity UC3[<) Unit Price Total Price v.11 - TDU Belt-1.75"Plastic Bu&Ie 19.95 273.75 I Mfr.Style No:$9552 25 EA Color.,Plain Black Size:S—L $ $ 5.11 TDU Belt-1.75"Plastic Buckle 1.2.95 323.75 1A Mfr.Style loo:59552 25 EA Color: Plain Black Cuersizes:XL-4Xi_ $ $ EE GRAND TOTAL Group 2(items 1) $ 597.503 Balance Lime Item off 5.11 Retail/Catalog .20 0/1 Group 3: Holsters & Belts ( Black;hawk, Blanch[,) Item Estimated NO Description Quantity Ut]M Unit Price Total Price X-26 Tav�lt 43.95 1,098.75 X-26 Taxer Holster#R.ISiht Hand) 1 Mfr.Style No:44H513PL-R 225 EA Color:Plain Slack4. Fit:Smith&Wesson M&P.45 and Pro 9140 $ $ Slackhawk -26 Taxer bolster Hand 43.95 1,99$.75 2 Mfr.Style No:445513PL-L 25 EA Color.,Plain Black4. Fit:Smith&Wesson M+&P.45 and Pro 9140 $ $ BIANCHI Duty Belt Model 7980 37.75 943.75 3A Mfr.Style No:7980(23384,23385,29386,22387) 25 EA Color:Plain Black Size.,XS-L, $ $ BIANCHI Duty salt.Model 7980 37.75 943.75 3B Mfr.Style No:7980(23388,23389) 25 EA Color:Plain Black Size:XL, 2XL $ $ Bianchi underfelt,Model 7205 17.75 443.75 Mfr.Style No: ` 7205-(17705,17706,17707,17708) 25 EA Color. Black Sizes:XS-L $ $ Bianchi underfelt,Model 7205 1 7.75 443.75 Mfr.Style No: 4B 7205-(17709,17710) 25 EA Color.Black Sizes:L,XL $ $ GRAND TOTAL Group 3 (items 1-4) $ 4,972.50 Balance Line item oft:Bianchi Retail/Catalog 25 °Io Balance Line Item off Blackhawk Retall/Catalog 24 % Name of Bidder.SBfstY Schell Corporation dba Special Products Group Pace 20 Cit y of Boca'Raton Public Safety Uniform Accessories RFQ No. 2013-235 Group 4: Flashlights(5.11) Item Estimated No. Description Quantity UOM Chit Price Total Price 5.11 Tactical TPT R7 NiNH Rechargeable Full-Size Duty 119.45 2,986.25 1 Flashlight 25 EA Mfr.Style No: 53157 $ $ 5.11 Tactical 2 TPT L2 Tactical Flashlight 25 EA 37.4 a 936.25 Mfr.Style No: 53155 $ $ 5.11 Tactical 3 TPT R5 NiNH Rechargeable Midsize Duty 25 EA 97.15 2,428.75 lashfi lit Mfr.Style No:53156 $ $ 5.11 Tactical ATAC-R1 Lilon Rechargeable Tactical 4 Flashlight 25 EA 97.15 2,428.76 Mfr.Style No: 53'151 $ $ Rechargeable Batteries and Packs not yet 5 listed 25 EA 5.11 Tactical 6 Flashlight Holster for TPT R5 25 EA Mfr.Style No: 53154 $ x'45 $ $ ` 5.11 Tactical 7 ATAC XL Holster 25 EA Mfr.Style Ng: 53'166 $ 11 45 $ 286.2 5.11 Tactical 11.4 28 .25 Fla h 6 s llaht Holster far TPT.L2 8 25 EA Mfr.Style No: 53165 $ GRAND TOTAL Group 4(Items 1-8) $ 9,638.75 Balance Line Item off 5.11 RetalllCatalog 20 m Group 5: Flashlight(©orcy) Item Estimated No. Description Quanti UOM Unit Price Total Price Dorcy 24.fl0 Electronic Sianal Licht 1 Mfr.Style No:41-1060 15 EA 866.66 Features: Red signal light with flashing f steady modes. I $ $ GRAND TOTAL Group 5 (Item 1) 360.00 Balance Line Item off I7orcy Retail/Catalog 10 % Name of Bidder: Safety Schell Corporation dba Special.Products Group Page 21 City of Boca Raton Public Safety Uniform.Accessories RFQ No. 2013-235 BIDDERS CHECKLIST Al[ bids should be submitted on the City provided Bid Package forms. All blanks on the .proposed forms must be completed. Bidder is to return a complete set of all bid package forms listed as follows. Failure to submit the required documents may result in your bid being considered non-responsive and thereby rejected. 1. Is Qualification of bidder's information included? Yes X No 2. Is Questionnaire of Kidder's information included? Yes X No 3_ Is copy of bidder's valid Business Tax Receipt submitted"? Yes X No 4. Is Sample Order Farm submitted? Yes x No 5. Are all bid pages signed? Yes No F. Is bidder's certification form signed and submitted? yes X No 7. Is bid submitted as(one original,0 copy) Yes No { 3. Are addendum(if any issued)submitted? Yes No x(NA). 0. Submission of alternate is in accordance With Special Condition 3.017 Yes No x(NA), and approved by Addendum? 10. Is proof that firm name is registered with their State of origin. Yes X No 11. Nameof individual submitting Bid: Gerard C Scheller Email address: larry@specialproductsgroup.corn Ph: 561-732-0360 Name of Bidder: Safety SCheil Corporation (dba Special Products Group) Page 22 City of Baca Raton Public Safety Uniform Accessories RFQ No.2013-235 QUALIFICATIONS OF BIDDER SUBMITTAL 1. Bidder shall have a minimum of three(3)references satisfactorily completed for public safety accessories including duty belts,holsters,and flashlights serviced within the time period ranging from 041112010-04/112013. References to be for acoounts that are similar in size and scope for the group(s)being bid on. A. blame of Firth,City,County or Agency =�` : M= Address . ;, T e I e hone, °� P -m __,��° Contact: Titled ;t„ __. Public Safety Uniforms Supplied were for € � tip ��` Accessories Supplied: X Duty Belts X Holsters X Flashlights Your Primary Account Representative for this Customer was:&E m=w List which Manufacturer's products were provided: Safariland:EL 5.11 '; Bianchi: B.lackhawk LOW Other N.m Delivery Time Requirements Marne of Firm, City, County or Agency:' . _ +.`... icb Address:22=21-1 ,.. __ Telephone E , Contact: a� ��.,I:s e„ �,i Titl - ° :�, Public Safety Uniforms Supplied were for 1 Accessories Supplied: x Duty Belts X Holsters X Flashlights List which Manufacturers,products were provided: Safariland:AM 5.11 E&M Bianchi:EM Blackhawk� . ;I Other Your Primary Account Representative for this Customer Delivery time requirements: C. Name of Firm,City,County or Agency:22 - p I Contact:y ��n,. Address'_`_�. � �:: `�_'� Tele hone �� .: Title3ah -M Public Safety Uniforms Supplied were for r _ sa m aFe6� Accessories Supplied: x Duty Belts X Holsters X Flashlights List which Manufacturer's products were provided: Safarliand: - 5.11 Bianchi:ffft Blackhawk= other_.�. Your Primary Account Representative for this Customer was - .: it , Delivery time requirements: Page 23 City of Boca Raton Public Safety Uniform Accessories RFQ No.2013-235 2_ Bidders firm ident'�€ed on the bidder certification form must be in business a minimum of one(1)year at time of bid submission. :Evidence of.a minimum of one year(9)shall be verified in accordance vvith fling date by the Stateof Florida or the Firm's State of Origin of Bidders firm_ Number of years bidders firm identified on the bidder certification form has been in business: Proof submifted as=i I i a Page 24 City of Boca Raton Public Safety Uniform.Accessories RFQ No.2013-235 Questionnaire tai�pr�a+-or-derv-�nai{I-�-placed Orders will foilow the current in piaca ordering W10M fuel SM Raton Police Dapar'1mM Is Currently using Mth Special Produda Group, We use face-to-tce,phone,fax,and email. 2. Detail how order confirmations will be communicated to the City? EtwIt rath4ed torirac^kirodunMoation proaaw i 3. How are back:orders tracked in your system? %pmte Lw*order wort;order is writ€ran and separately lrarksd via it sprsadsheel. Thixaproalatru�t 1s stared via aanaU wSttt customer.Management review manthly. f� 1 4. Detail your return authorization tracking procedure and how items are scheduled to be picked up from the City. Return authorrmWos are caMirrned vW ema4 and dorms am promptly picked upfram We Po forpwcesstng,The replocemerrt proosss is eutomaga 10 the Po 5. Bidder is Authorized Retail Seller for X 5A 9 X Safariland X Blackhawk X Bianchi Other 4. Bidder shall have a Customer Service Representative assigned to the City's account Name of Representative , ° M M. : Email address: � -11 Phone No. M2 9A '=''R l s Location/Branch works from: Years of Experience: . Experience Summary-, OEM 5_ Schedule of Subcontractor's Participation Will bidder be utilizing a subcontractor for any portion of this contract? - _Yes _No If yes, bidder shall list the subcontractor's name,address,phone and type of work to be performed. NO Subcontractors will be utilized. Page 25 .......... City of Boca Raton Public Safety Uniform Accessories RFQ No. 2013-235 WNO-BID (No Bid may be submitted electronically within the electronic bidding system.) If you are not bidding on this servicelcommodity,please complete and return this form to:City of Boca Raton Purchasing Department,201,W.Palmetto Park.Road, Boca Raton,Florida 33432, COMPANY NAME, N/A. ADDRESS: TELEPHONE: DATE. We,the undersigned have declined to bid on service/cornmodity because of the following reasons: Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Other(specify below) REMARKS: Page 26 i P.O.Box 3353,West Palm Beach,FL 33402-3353 **LOCATED AT** CON-ST O;w kt K�.COMABCrE?�i ' f ` www,taxrollectorpbc.com Tel:(561)355-2272 ' � 2023 CORPORATE DRfVE BOYNTON BEACH, FL 33426-0000 a. TYPE OF BUSINESS OWNER CERTIFICATION# I RECEIPT#DATE PAID AMT PAID BILL# 44.0056 VARIETY STORE SCHELLER JOANNE I B12.428130-07117/12 $66.00 B40028605 This document is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY 201212013 LOCAL BUSINESS TAX RECEIPT B1 -320 SPECIAL PRODUCTS GROUP LBTR Number: 200515410 SPECIAL PRODUCTS GROUP EXPIRES: SEPTEMBER 30. 2013 2023 CORPORATE DR This receipt does not constitute a franchise, f30YNTON BEACH, FL 33426-6653 agreement,permission of authority to perform the „Ilr r, �„I„InlI�Iln�lln�lln�llull� services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. 4 City of Boynton Beach BUSINESS TAX RECEIPT BUSINESS NAME: SPECIAL PRODUCTS GROUP RECEIPT NO: 13 00019394 LOCATION: 2023 CORPORATE DR - CONTROL NO: '17713 CATION: ..y;.:µ�� ' �:A:,,; CLASSIFI MERCHANT- WHOLESALE DATE ISSUED: 9/20/12 M* BUSINESS TAX FEE 735.00 UNIFORMS LICE S & POLICE FIRE SUPPLIES . DELINQUENT FEE: TRANSFER FEE: SPECIAL PRODUCTS GROUP 'TOTAL AMOUNT PAID: 735. 00 2023 CORPORATE DR 130YNTON BEACH FL 3342$ `89SINESS TAX RECEIPT ISSUED FOR THE PERIOD :•.: ' .. ~ '``September 20, 2012 to September 30, 2013 BUSINESS TAX RE CEIPT MUST BE Any changes in name, address, suite, ownership, ``'=''^'" ` p �•�� CONSPICUOUSLY DISPLAYED TO etc.will require a new application. PUBLIC VIEW AT BUSINESS LOCATION 1F ' 3 fate 6f Flortaa Department O State f I certify from the records of this office that SAFETY SCHELL CORPORATION is a corporation organized under the laws of the State of Florida, filed on January 18, 2005, effective January 18, 2005. The document number of this corporation is P05000008400. I further certify hat said corporation has aid all fees due this office through fy rp p g December 31, 2013, that its most recent annual report/uniform business report was filed on January 15, 2013, and its status is active. I finther certify that said corporation has not filed Articles of Dissolution. .J 1 Given under oty hand and the Great Seal of the State"of Florida at Tallahassee, the Capital, this is the Fifteenth day of January,2013 �-- u4 An xV Authentication ID: CC2877941433 To authenticate this certif►cate,visit the following site,en ter this ID,and then follow the instructions displayed. hftps://efde.sunbiz.org/certauthver.htmi a e: i1-16720 To: Special Products Group 2023 Corporate Drive Boynton Beach,FL 33426 (561)732-0360 FAX(561)732-0879 From: Boca Raton Police Services Department 104 NW 2ND Avenue Boca Raton, FL 33432 Frank Giannattasio Property Control Specialist Offce(561)338-1328 Cell(561}756-0023 FAX(561) 347-5166 t fgiannattasioC rnyboca_us Order: ITEM SIZE COLOR QUANTITY NAME 5.11 Men's 34,X 34 Black 3 Karl Leonard Tactlite Pants #74273 i OO a 5 a n3 n w a �a co v UJ =N Y ❑ ❑ n, d 20 �a y d yU CF' Gp a r►� G O w � ❑ o Z # a > S - s m 0 z � y a ❑ F- o Q � � ❑ � U V � w r� � n � z ❑ p 0 � N GG u 0 S `"m z 0 � h � a � M.Fes- a W <U LLI Z zn m d it- J 13 0 ❑ O❑ wN - w rA �„ m U W R W n O J v4i LU ? ❑ z u1 0 k 2 a o4 ! 4 U co LU IL aµ. v p mF U - LU (.' ❑ a z w 11 w ca ,F a W o G., � Ir � 5 ®� ( uj O U r w r o 0 O , as cn a Lou w � � o �a LO 0 ti U a LU 4 CL LU m `V9 CITY TAtL.201 WE$.T PAGMET CO PARK°ROAD+DOCfk.RATON WIRIDA 33432 9793 pFiANE (561)393 77pQ. (FOR REARii :BRNET:aysvw;CE,boca=rafon:tl:us f June 21,2013 1 ADDENDUMI`'l PON&Safety Ur ifnrm Accessories - I RP 01,3=236: f' The following.Addendum Remy are an amendrnont to the original,Robostfor qubtat[on'I�FQ)doc rrrienf and shah be cnrisidered as an integral part of said document as provided heCen his:adderndum is page, Section n9tru4 tibn to i3t a.es Change; h Q 289 Z0�J3: OA p M13 00 f'.M is tiareby eXtended,The newQoWng Date This Add6ndum is.extende8 as it i�in the'Cqy's.tiest interests to promote camgetitign amongst usrlda ; rn P ,rgbae ng A'Oyor dera are t6 acknowledge ithis atdde44urn'by aampleting the a ,ctlan below aed,eucmittin0,ttiis;to re.. Company Name. tt- ��J . : apt `jj �C f�1 "Rbj'_tj5 E�0&p Pr(" MMq..:&Title. AN EQPAL:0PPQf.T),MTY EIV PLOYE ::. te+ 0 9Q4Wl AZ420&J, �o C°a .,- CITY HALL• 201 WEST PALMETTO PARK ROAD•BOCA RATON, FLORIDA 33432-3795 •PHONE: (561)393-7700 (FOR HEARING IMPAIRED)TDD: (561)367-7046 �a SUNCOM: (561)922-7700 INTERNET:www.myboca.us June 26, 2013 Mr. Jerry Scheller Safety Schell Corporation 2023 Corporate Drive Boynton Beach, FI 33426 Subject: Award of Bid 2013-028, Uniforms for Police Services Dear Mr. Scheller, You are hereby notified that"Safety Schell Corporation, d/b/a Special Products Group" has been awarded Groups 1, 2, 3 and 4 for the above subject Bid. The items to be supplied and services to be performed are in accordance with the terms and conditions as outlined in the Bid. . The initial contract period will be for one year, effective June 26, 2013 through June 25, 2014. This contract will automatically renew for three one-year renewal periods. Automatic contract renewal shall be subject to the appropriation of funds, vendor's satisfactory performance and determination that the contract renewal is in the best interest of the City. Orders from the City of Boca Raton will be placed through the issuance of blanket purchase orders for all services secured by this contract. For all purchases made against the issuance of the blanket purchase order, all corresponding invoices must reference the correct purchase order. All terms, conditions, specifications and prices for the above subject Bid shall apply. If you should have any questions, please do not hesitate to contact me at 561-393-7876 or by email at tgolia(a)-myboca.us Sincerely, Tracy Golia Buyer CC: Edgar Morley, Assistant Chief Frank Giannattasio, Quartermaster Bid 2013-034 AN EQUAL OPPORTUNITY EMPLOYER 5�C Special Products Group 28 March 2014 Kristina Maricic Administrative Officer City of Delray Beach Police Department To whom it may concern: Special Products Group is providing the lowest price for the uniforms available to similarly situated governmental entities within the State of Florida. Sincerely 1)r/0107� Gerard C.Scheller Special Products Group "Proudly Serving The American Hero" Armor Unitorms Gear 2023 Corporate Drive Boynton Beach,Florida 33426 Office(561)732-0360 Fax(561)732-0879 www.SpecialProductaGroup.com te+ 0 9Q4Wl AZ420&J, �o C°a .,- CITY HALL• 201 WEST PALMETTO PARK ROAD•BOCA RATON, FLORIDA 33432-3795 •PHONE: (561)393-7700 (FOR HEARING IMPAIRED)TDD: (561)367-7046 �a SUNCOM: (561)922-7700 INTERNET:www.myboca.us July 1, 2013 Mr. Jerry Scheller Safety Schell Corporation 2023 Corporate Drive Boynton Beach, FI 33426 Subject: Award of RFQ 2013-235: Uniform Accessories Dear Mr. Scheller, You are hereby notified that"Safety Schell Corporation d/b/a Special Products Group" has been awarded for the above subject RFQ. The items to be supplied and services to be performed are in accordance with the terms and conditions as outlined in the RFQ. The initial contract period will be for one year, effective July 1, 2013 through June 31, 2014. This contract will automatically renew for three one-year renewal periods. Automatic contract renewal shall be subject to the appropriation of funds, vendor's satisfactory performance and determination that the contract renewal is in the best interest of the City. Orders from the City of Boca Raton shall be placed through the issuance of blanket purchase orders for all services secured by this contract. For all purchases made against the issuance of the blanket purchase order, all corresponding invoices must reference the correct purchase order. All terms, conditions, and prices for the above subject RFQ shall apply. If you should have any questions, please do not hesitate to contact me at 561-393-7876 or by email at tgolia(a)-myboca.us Sincerely, Tracy Golia Buyer CC: Edgar Morley, Assistant Chief Frank Giannattasio, Quartermaster Bid 2013-034 AN EQUAL OPPORTUNITY EMPLOYER w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 26, 2015 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 WAIVER REQUEST/S.E.2ND AVENUE PARKING LOT BACKGROUND The property consists of 5,718 sq. ft. (0.1313 acres) of vacant land. It is owned by the Community Redevelopment Agency (CRA) of Delray Beach. The parcel is located within the CBD-RC (Central Business District — Railroad Corridor) and has a CC (Commercial Core) Future Land Use Map designation. On August 13, 2014, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan Modification to construct a fourteen (14) space public parking lot with associated infrastructure, lighting and landscaping enhancements. Waiver Justification: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Minimum Stacking Distance Requirement: Pursuant to LDR Section 4.6.9(1))(3)(c)(1), the minimum stacking distance shall be five feet(5') for one (1) to twenty (20) proposed parking spaces. The applicant has proposed zero feet (0') of stacking distance between the SE 2nd Avenue entrance and the handicap parking space. A waiver has been requested to reduce the stacking distance from five feet (5')to zero feet(0'). The applicant provided the following verbatim justification regarding the request: "The overall distance from the parking lot to the edge of pavement of SE 2nd Avenue is 17' and will not create an unsafe situation and also achieve the required stacking distance." Pursuant to 4.6.9(1))(3)(c)(1), the minimum stacking distance shall be five feet(5') for one (1)to twenty (20) proposed parking spaces. A waiver to this requirement is justifiable to allow the site to accommodate the maximum amount of parking feasible. Given the lot size constraints of 5,718 sq. ft. (0.1313 acres), the site has had to maximize the provided parking on-site. In turn, a reduction to zero feet(0') of stacking does not affect the neighboring areas or create an unsafe situation because sufficient stacking is provided between the travel lane and the point where the first parking space is reached. Specifically, the northernmost parking row which terminates at the SE 2nd Avenue right-of-way line provides only four feet (4') stacking. However, when consideration is given to include the length of the stacking area where the driveway apron tapers, twenty feet (20') of stacking is provided. Similarly, the southernmost parking row which terminates at the SE 2nd Avenue right-of-way line provides zero feet (0') of stacking at the handicap space. However, when consideration is given to include the length of the stacking area to terminate where the driveway apron tapers, sixteen feet (16') of stacking is provided. Along the alley, the minimum five foot (5') stacking would have been met were it not for the two foot (2') alley dedication. Thus, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from five feet (5') to zero feet (0')with respect to LDR Section 2.4.7(B)(5). DISCUSSION Consider approval of the waiver to LDR Section 4.6.9(13)(3)(c)(1), to reduce minimum stacking distance to zero feet (0') for parking lots with one (1) to twenty (20) spaces, whereas a minimum five foot (5') stacking distance is required, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5) of the Land Development Regulations. RECOMMENDATION Advisoa/Approving Board Recommendation: On August 13, 2014, in association with the Class III Site Plan Modification, the Site Plan Review and Appearance Board (SPRAB) recommended approval of the stacking distance waiver to allow zero feet (0'), whereas a minimum five foot (5') stacking distance is required for parking lots with one (1) to twenty(20) spaces. Staff Recommendation: The Planning & Zoning Department recommends approval of the waiver to LDR Section 4.6.9(D)(3)(c) (1) to allow zero feet (0') of stacking at the entrance along the frontage for SE 2nd Avenue Parking Lot, whereas a minimum stacking distance of five feet (5') is required for parking lots with one (1) to twenty (20)parking spaces, due to positive findings relative to LDR Section 2.4.7(B)(5). SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF A BEACH --- MEETING DATE: August 13, 2014 ITEM: SE 2 I Avenue Parking Lot - Class V Site Plan associated with construction of a fourteen (14) space public parking lot with associated infrastructure, lighting and landscaping enhancements GENERAL DATA: Owner/Applicant/Agent.............. Delray Beach CRA (Community Redevelopment z zELIE i Agency) A T L A N T I C AVE 1 i I Location.................................... On the east side of SE 2nd i Avenue, south of SE 2nd Street across from the FEC Q - railroad tracks --.. S.E. 1ST ST. Property Size ........................... 5,718 sq. ft. (0.1313 acres) .......... . n Future Land Use Map ............... CC (Commercial Core) z w w Zoning....................................... CBD-RC (Central Business Q - District- Railroad Corridor) S.E. 2ND ST. Adjacent Zoning...............North: CBD-RC (Central Business District- Railroad Corridor) -N — .. ............ East: R-1-A (Single Family Residential) - South: CBD-RC (Central Business - District- Railroad Corridor) S.E. 3RD ST. West: CBD-RC (Central Business 0 - Z District- Railroad Corridor) Z - - Existing Land Use..................... Vacant Full _ Proposed Land Use.................. Public Parking Lot S.E. - 4TH ST J __ Water Service........................... Available via an 8" water main within the SE 2"d Avenue s S.E. right-of-way W ' W E 1 ��.✓�� , �'��p. Sewer Service........................... Available via an 8 11 sewer main within the adjacent alley in the = - rear (to the east) ITEM 'BEFORE THE BOARD The action before the Board is approval of a Class V site plan request for SE 2nd Avenue Parking Lot pursuant to LDR Section 2.4.5(F). The request involves the following elements: • Site Plan • Landscape Plan • Waiver Requests The property is located on the east side of SE 2nd Avenue, south of SE 2nd Street across from the FEC railroad tracks. BACKGROUND The property consists of 5,718 sq. ft. (0.1313 acres) of vacant land. It is owned by the Community Redevelopment Agency (CRA) of Delray Beach. The parcel is located within the CBD-RC (Central Business District — Railroad Corridor) and has a CC (Commercial Core) Future Land Use Map designation. The action now before the Board for consideration is approval to construct a fourteen (14) space public parking lot with associated infrastructure, lighting and landscaping enhancements. PROJECT DESCRIPTION The development proposal incorporates the following: • Construction of a fourteen (14) space parking lot for utilization by the general public • Provision of one (1) handicap accessible parking space • Provision of a bicycle rack • Provision of an interior pedestrian walkway connector to SE 2nd Avenue • Installation of interior decorative light fixtures • Litter receptacle • Associated landscaping The Class V Site Plan application also includes three (3) waiver requests as follows: • A waiver to LDR Section 4.6.16(H)(3)(i), whereas nine foot (9') terminal landscape islands are required and no terminal landscape island is proposed adjacent to the handicap space and reduced width islands are proposed throughout the site (i.e. six (6) locations total). • A waiver to LDR Section 4.6.9(D)(3)(c)(1 ), whereas a minimum five foot (5) stacking distance is required and no stacking distance is proposed. • A waiver to LDR Section 4.6.16(1-1)(3)(a), whereas a minimum five foot (6) perimeter buffer is required adjacent to vehicular use areas and no perimeter landscape buffer is proposed. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 2 Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. (Accessibility for residential structures is covered by the Federal Fair Housing Act). The development proposes to provide one (1) handicap accessible parking space. Thus, this LDR requirement has been met. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. One (1) bike rack is proposed along SE 2nd Avenue. Thus, this LDR requirement has been met. Lighting: Pursuant to LDR Section 4.6.8(A)(3), the minimum illumination for public parking lots in commercial and industrial areas is 1.0 foot candles and the maximum is 12.0 foot candles. The proposed photometric plan complies with these illumination standards since the minimum illumination provided is 1.3 foot candles and the maximum is 5.6 foot candles. The elevation detail of the decorative light pole on the photometric plan indicates a proposed height of 19' 10 5/8" which is under the twenty-five foot (25') foot maximum height. Thus, the lighting plan is in compliance. Open Space: Per LDR Section 4.4.13(F)(2), a minimum of 10% of non-vehicular open space is required in the CBD- RC (Central Business District — Railroad Corridor) zoning district. The proposed parking lot complies with this requirement since 20.72% non-vehicular open space is provided. Sight Visibility Trianqles: Pursuant to LDR Section 4.6.14(B)(1), a ten foot (10') sight triangle is required at the intersection of the driveways at the main ingress/egress driveway or alleyway. The 10' sight triangles have been correctly depicted and indicate visibility within the 3'to 6' height requirement. Thus, this standard is met. Other Issues: Local Road Right-of-Way Requirements: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Item Sidewalk Sidewalk Curb & Curb & Right-Of- Right-Of- Considered Width Width Gutter Gutter Way Way -Existing- -Proposed- -Existing- -Proposed- -Existing- Dedication SE 2n Ave. N/A Yes (5) No No 50' N/A 16'Alley N/A N/A N/A N/A 16' 2' Pursuant to LDR Section 5.3.1.D.2., fifty feet (50') of right-of-way is required for a local roadway with curb and gutter and sixty feet (60') of right-of-way is required for a local roadway without curb and gutter. No curb and gutter exists for SE 2nd Avenue, thus an additional 10' of right-of-way is required. Therefore, 5' SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 3 is required adjacent to the right-of-way along the frontage of the subject property. A reduction in the required right-of-way width was considered at the Development Services Management Group (DSMG) meeting of May 29, 2014. The City Engineer and DSMG recommended the reduction of right-of-way for SE 2nd Avenue from 60' to 50'. However, as a condition of approval, the right-of-way from the center line to the subject property shall be depicted on the site plan. Alley Right-of-Way Requirements: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D)(3), additional right-of-way width may be required to promote public safety and welfare, provide for storm water management, provide adequate area for street trees and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley right-of-way width is sixteen feet (16'). The City Engineer and DSMG have determined that the width of the alley should be expanded to a width of twenty feet (20'), which is consistent with the widths provided with recent redevelopment proposals. Therefore, a dedication of two feet (2') from the subject property is required from this development and has been depicted on the site plan. It is attached as a condition of approval that the two foot (2) of right-of-way dedication for the alley also be shown on the landscape i plan and civil plans for consistency. Sidewalk Requirements: Pursuant to LDR Section 6.1.3(B), a minimum five foot (5) sidewalk is required for all local roads. No sidewalk exists along SE 2nd Avenue. The applicant proposes to construct a 5' sidewalk. Thus, this standard is met. Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless otherwise noted: 1. The subject two (2) lots shall be combined via unity of title and recorded with Palm Beach County. 2. For consistency with the site plan, update the landscape plan and civil plans to indicate that a two foot (2) alleyway dedication is provided along the alley. 3. Provide delivery confirmation receipts indicating that all four (4) agencies have been transmitted the Notification to Utility Providers forms. No forms have been returned to date. 4. Revise the location map on the site plan (Sheet SP101) for consistency with LDR Section 2.4.3(A)(4), to clearly depict the location within the vicinity of a one-half mile radius. The exact location cannot be determined from the location map currently provided. 5. Along SE 2nd Avenue, the site plan shall dimension the adjacent right-of-way from the center line. 6. Label and graphically depict the proposed five foot (5) sidewalk along SE 2nd Avenue on all plans. 7. Correct the index on the cover sheet (Sheet C-1) and adjust contents of the development proposal resubmittal package for consistency with the plans required and provided per processing of this application. Some pertinent pages have been omitted (i.e. Sheets D1-D3, K2, PD1-PD4, PD9-PD20, PMS1-PMS4, L1-L4 & IR1-IR7) and some are unnecessary (i.e. Sheets E1-E3). SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 4 LANDSCAPE ANALYSIS The City's Senior Landscape Planner has reviewed the proposed landscape plan and found that it complies with LDR Section 4.6.16, with the exception of the items associated with the requested waivers. The proposed landscaping consists of a variety of trees including Spanish Stopper, East Palatka Holly, Wild Date Palm and Southern Live Oak. Proposed shrubs include Compact Yesterday, Today and Tomorrow, Katie Belles Lomandra Grass, Firepower Nandina and Fireball Bromeliad. The groundcover will consists of Variegated Flax Lily and St. Augustine Floratam. Pending approval of the associated waivers, the landscape plan will be deemed in compliance. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Analysis of Waiver#1: Terminal Landscape Islands For Parking Rows Pursuant to LDR Section 4.6.16(H)(3)(i), nine foot (9) terminal landscape islands are required and no terminal landscape island is proposed adjacent to the handicap space and reduced width islands are proposed throughout the site (i.e. six(6) locations total). The applicant has provided the following verbatim justification statement regarding the waiver request: "The parking lot is comprised of (2) separate parking lot areas with 12 spaces provided on the 219 SE 2nd Avenue property and 2 spaces provided on the 215 SE 2nd Avenue property. 9' parking terminus islands would eliminate 2 parking spaces." For the two (2) parking rows that terminate along the SE 2nd Avenue frontage, additional landscaping is provided within the public right-of-way to offer relief to the absence of landscaping within the parcel boundaries. For example, the six-space parking row to the north only provides 8'/2" to 3'0" of landscaping abutting the parking row. However, when consideration is given to include landscaping within the public right-of-way, 60" to 8'0" of landscaping is provided. Similarly, adjacent to the handicap space, only 0'0" to 1'/2" of landscaping is provided. However, when consideration is given to include landscaping within the public right-of-way, 4'0" to 60" landscaping is provided. Along the alley in the rear, the amount of landscaping provided is reduced by the two foot (2) alley dedication. Thus, while only 3'0" of landscaping is provided on-site, 5'3'2" to 58" of landscaping is provided when consideration is given to include the landscaping within the public right-of-way. It is noted that the two-space parking row which backs out onto the alley provides 64" of landscaping to the north and 4'0" landscaping to the south. While this is less than the required 9' terminal landscape island, maximizing the number of available public parking spaces is a priority. The site is limited due to the non-symmetrical geometry of the parcels. In conclusion, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 5 Analysis of Waiver#2: Stacking Distance Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five feet(5) for one (1) to twenty (20) proposed parking spaces. The applicant has proposed zero feet (0') of stacking distance between the SE 2"d Avenue entrance and the handicap parking space. A waiver has been requested to reduce the stacking distance from five feet (5) to zero feet (0'). The applicant has provided the following verbatim justification statement regarding the waiver request: "The overall distance from the parking lot to the edge of pavement of SE 2nd Avenue is 17' and will not create an unsafe situation and also achieve the required stacking distance." Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five feet (5) for one (1) to twenty (20) proposed parking spaces. A waiver to this requirement is justifiable to allow the site to accommodate the maximum amount of parking feasible. Given the lot size constraints of 5,718 sq. ft. (0.1313 acres), the site has had to maximize the provided parking on-site. In turn, a reduction to zero feet (0') of stacking does not affect the neighboring areas or create an unsafe situation because sufficient stacking is provided between the travel lane and the point where the first parking space is reached. Specifically, the northernmost parking row which terminates at the SE 2nd Avenue right-of-way line provides only four feet (4') stacking. However, when consideration is given to include the length of the stacking area where the driveway apron tapers, twenty feet (20') of stacking is provided. Similarly, the southernmost parking row which terminates at the SE 2nd Avenue right-of-way line provides zero feet (0') of stacking at the handicap space. However, when consideration is given to include the length of the stacking area to terminate where the driveway apron tapers, sixteen feet (16') of stacking is provided. Along the alley, the minimum five foot (5) stacking would have been met were it not for the two foot (2') alley dedication. Thus, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from five feet (5') to zero feet (0') with respect to LDR Section 2.4.7(B)(5). Analysis of Waiver#3: Landscape Strip Separating Vehicle Use Area Pursuant to LDR Section 4.6.16(H)(3)(a), a landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than five foot(5) in width. No planting strip has been provided along the west property line and zero feet(0') is proposed. A waiver has been requested to reduce the landscape barrier from five feet (6) to zero feet (0') along the west property line. The applicant has provided the following verbatim justification statement regarding the waiver request: "The sidewalk proposed adjacent to the proposed parking lot will be shifted 5' to the west to accommodate the required perimeter landscape buffer." Pursuant to LDR Section 4.6.16(H)(3)(d), a landscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting property in a planting strip of not less than five feet (6) in width. A waiver to this requirement is justifiable based upon the fact that more than adequate landscaping will remain in the adjacent public right-of-way (i.e. ranging 4 to 8 feet) along SE 2nd Avenue. Therefore, the provision of the five foot (6) buffer within the public right-of-way as opposed to inside the parcel boundaries will not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 6 REQUIRED 'FIN'DINGS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A) - Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD-RC (Central Business District — Railroad Corridor). The CBD-RC zoning district is consistent with the CC Future Land Use Map designation. Pursuant to LDR Section 4.4.13(13)(3)(b), public parking lots are allowed as a principal use in the CBD-RC zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Transportation Element Policy D-1.1: All new development and redevelopment shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does not have to use vehicular travelways to access common areas or neighboring properties. The development proposal has accommodated this policy. The proposed development promotes pedestrian movements by providing convenient walkway access from the interior of the parking lot to the adjacent proposed sidewalk along SE 2nd Avenue. Thus, this standard is met. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal has accommodated one (1) bike rack on site. Based upon the above, the development will comply with Transportation Element Policy D-2.2. SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 7 Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The subject property is currently vacant land. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding uses and provide parking opportunities for adjacent businesses and the general public. Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoning: Use: North Central Business District—Railroad Corridor (CBD-RC) Distribution Warehouse South Central Business District—Railroad Corridor CBD-RC) Retail Convenience Store East Single Family Residential (R-1-A) Single Family Homes West Central Business District—Railroad Corridor (CBD-RC) Public Rights-of-Way (SE 2 Avenue & FEC Railroad) With respect to the uses, compatibility is not a concern. The development proposal will provide additional public parking spaces for the adjacent properties. Adjacent uses include retail/commercial and light industrial uses and single family residences. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties and the properties will not experience a depreciation of property values. REVIEW BY OTHERS The subject property is not in an area that requires review by the Historic Preservation Board (HPB, Pineapple Grove Main Street (PGMS) or the Downtown Development Authority (DDA). Community Redevelopment Agency (CRA): At its meeting of May 22, 2014, staff presented the project to the CRA and they recommended approval. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: • Delray Citizen's Coalition • Osceola Park Public Notices: Public notice is not required. Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 8 ASSESSMENT AND CONCLUSION As part of the CRA Work Plan for FY 2013-14 and the City's Capital Improvement Program, the CRA and City are partnering on the SE 2nd Street/2nd Avenue Beautification project to provide streetscape enhancements and additional parking for the Osceola Park area businesses. The project includes construction of a new 14-space public parking lot with new sidewalk, landscaping, irrigation and City standard decorative lighting on the CRA-owned property located at 215 & 219 SE 2nd Avenue. Due to the non-symmetrical geometry of the parcels, maximizing the number of available public parking spaces will require waivers for the required stacking distance and landscape buffers from both the right-of-way and the landscape islands at the ends of the parking row. However, the 50' wide right-of-way allows these requirements to still be accommodated, but located within the right-of-way. The proposed parking lot will provide additional parking for adjacent businesses and the general public. The parking lot will be an asset to the neighbors and the community as whole. The proposed development will comply with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations, subject to approval of the associated waivers and attached conditions of approval. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. ALTERNATIVE ACTIONS ' A. Postpone with direction. B. Move approval of the Class V site plan, landscape plan and waiver requests for the SE 2nd Avenue Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the Class V site plan, landscape plan and waiver requests for SE 2nd Avenue Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Waiver#1 Terminal Landscape Islands Move approval of the request for waiver to LDR Section 4.6.16(H)(3)(i), to eliminate the requirement for minimum nine foot (9') terminal landscape islands and allow zero feet (0') adjacent to the handicap space, as well as reduced width islands proposed throughout the site (i.e. six (6) locations total), by adopting the findings_of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.43(13)(5) of the Land Development Regulations. Waiver#2 Stacking Distance Move approval of the request for waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce minimum stacking distance to zero feet (0') for parking lots with one (1) to twenty (20) spaces, whereas a minimum five foot (5) stacking distance is required, by adopting the findings of fact and law contained in the staff report, i SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 9 and finding that the request is consistent with LDR Section 2.4.7(B) (5) of the Land Development Regulations. Waiver#3 Perimeter Landscape Strip Move approval of the request for waiver to LDR Section 4.6.16(H)(3)(a) to reduce the perimeter landscape strip from five feet (5) to zero feet (0'), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Site Plan: Approve the request for a Class V Site Plan for SE 2nd Avenue Parking Lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. The subject two (2) lots shall be combined via unity of title and recorded with Palm Beach County. 2. For consistency with the site plan, update the landscape plan and civil plans to indicate that a two foot (2) alleyway dedication is provided along the alley. 3. Provide delivery confirmation receipts indicating that all four (4) agencies have been transmitted the Notification to Utility Providers forms. No forms have been returned to date. 4. Revise the location map on the site plan (Sheet SP101) for consistency with LDR Section 2.4.3(A)(4), to clearly depict the location within the vicinity of a one-half mile radius. The exact location cannot be determined from the location map currently provided. 5. Along SE 2nd Avenue, the site plan shall dimension the adjacent right-of-way from the center line. 6. Label and graphically depict the proposed five foot (5) sidewalk along SE 2nd Avenue on all plans. 7. Correct the index on the cover sheet (Sheet C-1) and adjust contents of the development proposal resubmittal package for consistency with the plans required and provided per processing of this application. Some pertinent pages have been omitted (i.e. Sheets D1-D3, K2, PD1-PD4, PD9-PD20, PMS1-PMS4, L1-L4 & IR1-IR7) and some are unnecessary (i.e. Sheets E1-E3). Landscape Plan: Approve the Landscape Plan for SE 2nd Avenue Parking Lot, based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to approval of the associated waivers with respect to the required 9' perimeter landscape islands and 5' perimeter buffers relief being granted. Attachments:Location Map, Site Plan, Landscape Plan, Civil Plans, Photometric Plan, Waiver Justification Letter Report Prepared By:Candi N.Jefferson, Senior Planner SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 10 APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ❑ Water is available an 8"water main within the SE 2nd Avenue right-of-way ❑ Sewer service is available via an 8" sewer main within the adjacent alley in the rear (to the east) Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems anticipated in complying with South Florida Waste Management District (SFWMD) requirements and thus, obtaining a surface water permit. Streets and Traffic: The proposed public parking lot use does not generate traffic demand, therefore a finding of concurrency as it relates to traffic is not applicable. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The public parking lot use will not generate waste. However, the Solid Waste Authority (SWA) has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2046, thus a positive finding with respect to this level of service standard can be made. School Concurrency: The proposed development does not contain a residential component, therefore a finding of concurrency is not applicable. SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 11 APPEN?DIX 'B STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent SPRAB Staff Report of August 13, 2014 Class V Site Plan and Landscape Plan for SE 2nd Avenue Parking Lot Page 12 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent Lv Q LLJ Fl > Q I — III S.E. 1ST ST. W o z Lv N > Q Lv z Q w Lv Q S.E. 2ND ST. , f Q S.E. 3RD ST. z 0 0 z Lv Lv Li — c� co • N SUBJECT PROPERTY SE 2ND AVENUE PARKING LOT �- 215 & 219 SE 2ND AVENUE PLANNING AND ZONING DEPARTMENT LOCATION MAP -- D/G17AL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\Z—LM 1001-1500\LM1484_215 & 219 SE 2nd Avenue Parking Lot b DELRAY BEACH CRA June 16, 2014 ) f f Mr. Dana Little, AICP, Director City of Delray Beach , Department of Planning and Zoning 100 NW 1 st Avenue Delray Beach, FL 33444 Re, Waiver Request: SE 2nd Avenue Parking Lot-- Reduction in Minimum Stacking Distance and Minimum Landscape Requirements Dear Dana: As part of the CRA Work Plan for FY 2013-14 and the City's Capital Improvement Program, the CRA and City are partnering on the SE 2nd Street/2nd Avenue Beautification project to provide streetscape enhancements and additional parking for the Osceola Park area businesses. The project includes construction of a new 14-space public parking lot with new sidewalk, landscaping, irrigation and City standard decorative lighting on the CRA-owned property located at 215 & 219 SE 2nd Avenue. Due to the non-symmetrical geometry of the parcels, maximizing the number of available public parking spaces will require waivers for the required stacking distance and landscape buffers from both the right-of-way and the landscape islands at the ends of the parking row. However, the 50' wide right-of-way allows these requirements to still be accommodated, but located within the right-of-way. The City of Delray Beach Community Redevelopment Agency (CRA) therefore respectfully requests a waiver to LDR Section 4.6.9(D)(3)(c)(1) stacking distances, LDR Section 4.6.16(H)(3)(d) concerning perimeter landscaping requirements along SE 2nd Avenue and LDR Section 4.6.16(H)(3)(i) concerning minimum width of islands at the terminal ends of the parking rows associated with the proposal to construct a 14 space public parking lot located at 215 & 219 SE 2nd Avenue. Waiver Request: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum required stacking distance between a right-of-way and the first parking space or aisle way in a 14-space parking lot on a local street is 5 feet. In addition, pursuant to LDR Section 4.6.16(H)(3)(a), perimeter landscaping requirements adjacent to public rights-of-way, a landscape barrier shall be located between the right-of-way or other vehicular use area and the off-street parking area in a planting strip of not less than five (5) feet in width and LDR Section 4.6.16(H)(3)(i) each row of parking spaces shall be terminated. by landscape islands with a minimum dimension of nine (9)feet. The application as proposed includes a stacking distance that varies from 2' — 5', and a landscape strip that varies from 0' — 2' along SE 2nd Avenue and 5' along the Alleyway, which will require relief from the referenced sections. To: Dana Little, AICP, Director Re: SE 2nd Avenue Parking Lot—Waiver Request Letter Page 2 Waiver�indinc�s� Section 2.4.7(8)(5) Findings: Prior to granting a waiver, the granting body shall make findings that the granting of the waiver. (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Waiver Anaiysis, The parking lot is comprised of (2) separate parking lot areas with 12 spaces provided on the 219 SE 2nd Avenue property and 2 spaces provided on the 215 SE 2"d Avenue property. Due to the site constraints created by the non-symmetrical geometry of the parcels, and to maximize the number of available public parking spaces for area businesses, providing the required stacking distance, perimeter landscape strip and 9' parking terminus islands would eliminate 2 parking spaces. However, the 50' wide right-of-way along SE 2nd Avenue provides adequate width to allow a standard 5' landscape strip and the required 5' sidewalk within the right-of-way to mitigate and provide the same visual requirements of Section 4.6.16. as part of the overall SE 2nd Street/2nd Avenue Streetscape Beautification Project. The 5' landscape buffer is also sufficient for the proposed smaller size trees that are limited by the overhead FPL power lines. The sidewalk proposed adjacent to the proposed parking lot will be shifted 5' to the west to accommodate the required perimeter landscape buffer and also achieve the required stacking distance. The overall distance from the parking lot to the edge of pavement of SE 2nd Avenue is 17' and will not create an unsafe situation. The requested waivers will enhance the provision of public facilities by providing needed parking for area businesses and residents, while maximizing the number of parking spaces available on the site, as part of the overall SE 2nd Street/2nd Avenue Streetscape Beautification project. The waiver will not result in a special privilege as the proposed public parking lot is located within the City's CBD-RC (Central Business District — Railroad Corridor) and similar waivers have been granted under similar circumstances in the past in the downtown area. In addition, the waiver will not create an unsafe situation; will not adversely affect the neighboring area; and, will not significantly diminish the provision of public facilities. Thus, positive findings can be made with respect to LDR Section 2.4.7(B) (5). Should you have any questions or need additional information, please do not hesitate to contact us. Thank you for your consideration. 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H"11 s ° ' � � On >s In BIM a � aa 111 I €s ff° - 13 WHOM 31 111€o ll l 11 5 1 e�p s' o � -05' 4E 6 E rn lug °yes 3 a3+,3aoi °rn � u� a c-oral �- wmWory. -,a x �j m _ 3 (Wd e2�ICl 410E'CO apwaidas'FnpaauppM uo w Vlo9 tl al 4 WN°Id) - b"p'IOWNaIMd-OLSSLI\aSUI.aO\aa��tlon\°uawanoMwl 1aa95 pVZ 35 F°°IO0 OZSSZt\Ztax\1 a"'°tl aiW IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SE 2ND AVENUE COMMUNITY REDEVELOPMENT AGENCY PUBLIC PARKING LOT 1. This waiver request came before the City Commission on February 24, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the SE 2nd Avenue Community Redevelopment Agency public parking lot. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. L WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(13)(3)(c)(1), the minimum distance between a right- of-way and the first parking space or aisleway in a parking lot ("stacking distance") shall be five feet for a parking lot with one to 20 proposed parking spaces. The applicant is requesting that the stacking distance requirement be reduced from five feet to zero feet between the SE 2nd Avenue entrance and the first parking space. 1. Should the waiver to Section 4.6.9(1))(3)(c)(1) allowing a stacking distance of zero feet between the SE 2nd Avenue entrance and the first parking space be granted? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 24th day of February 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Planning and Zoning Department THROUGH: Donald B. Cooper, City Manager DATE: January 26, 2015 SUBJECT: AGENDA ITEM 9.B.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 WAIVER REQUEST/249 PLAZA PARKING LOT BACKGROUND The subject property comprises 32,500 sq. ft. (0.746 acres) and contains an existing 8,726 sq. ft. one- story commercial building constructed in 1963 which was most recently occupied by an Advance Auto Parts retail store. On December 17, 2014, the Site Plan Review and Appearance Board (SPRAB) approved a Class III Site Plan Modification request to allow interior and exterior modifications associated with conversion of the existing 8,726 sq. ft. one-story commercial building to a multi-tenant restaurant/office building with four(4)tenant bays & construction of required on-site parking. Waiver Justification: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Minimum Stacking Distance Requirement: Pursuant to LDR Section 4.6.9(1))(3)(c)(I), the minimum stacking distance shall be twenty feet (20') for twenty-one (21) to fifty (50) proposed parking spaces. The applicant has proposed ten feet (10') of stacking at two (2) entrances along the rear alleyway. A waiver has been requested to reduce the stacking distance from twenty feet(20')to ten feet(10'). The applicant provided the following verbatim justification regarding the request: "The site has one main access point from SE 6th Avenue and two secondary access points from the alley. The main entry point exceeds the 20 foot stacking requirement from the right of way to the first parking space by more than 13 feet. The alley dedication line will take an additional 4 feet of property on the east side." Pursuant to 4.6.9(13)(3)(c)(1), the minimum stacking distance shall be twenty feet (20') for twenty-one (2 1) to fifty (50)proposed parking spaces. A waiver to this requirement is justifiable to allow the site to accommodate the maximum amount of parking feasible. Given the lot depth constraint of 130', the site has had to maximize the provided parking on-site. In turn, a reduction to ten feet (10') of stacking does not affect the neighboring areas or create an unsafe situation because there are multiple accessways and sufficient stacking is provided from the primary accessway of US 1 (SE 6th Avenue). Along the alley, additional stacking (i.e. at least 14') could be provided were it not for the four foot (4') alley dedication. Thus, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from twenty feet(20')to ten feet(10')with respect to LDR Section 2.4.7(B)(5). DISCUSSION Consider approval of the requested waiver to LDR Section 4.6.9(13)(3)(c)(1), to reduce the minimum stacking distance to ten feet (10') for parking lots with twenty-one (21) to fifty (50) spaces, whereas a minimum twenty foot (20') stacking distance is required, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5) of the Land Development Regulations. RECOMMENDATION Advisory/Approving Board Recommendation: On December 17, 2014, in association with the Class III Site Plan Modification, the Site Plan Review and Appearance Board (SPRAB) recommended approval of the stacking distance waiver to allow ten feet (10'), whereas a minimum twenty foot (20') stacking distance is required for parking lots with twenty-one (21)to fifty (50) spaces. Staff Recommendation: The Planning & Zoning Department recommends approval of the waiver to LDR Section 4.6.9(13)(3)(c) (1) to allow ten feet (10') of stacking at two (2) entrances along the rear alleyway for 249 Plaza, whereas a minimum stacking distance of feet (20') is required for parking lots with twenty-one (21) to fifty(50)parking spaces, due to positive findings relative to LDR Section 2.4.7(B)(5). DATE:ziITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING December 17, 2014 IT Class III Site Plan Modification for 249 Plaza to allow interior and exterior modifications associated with conversion of an existing 8,726 sq. ft. one-story commercial building to a multi-tenant restaurant/office building with four (4) tenant bays & construction of required on-site parking. GENEFZAL DATA: Applicant/Owner..................... Delray Investment Partners, LLC Agent.................................... Stephen L. Griss Location...................................... On the east side of SE 6th Avenue (US1), south of SE 2nd Street W E Atlantic Ave Property Size.............................. 32,500 sq. ft. (0.746 acres) GFA...................................... 8,726 sq. ft. E W Existing FLUM........................... CC (Central Core) 1s Proposed FLUM......................... No Change Existing Zoning............................ CBD (Central Business District) Proposed Zoning..................... No Change Q Adjacent Zoning. o ( ) W 2n it �_' g................North: CBD Central Business District East: R-1-AA (Single Family Residential) South: CBD (Central Business District) West: CBD (Central Business District) ` r` Existing Land Use...................... Single-story commercial EdH HHqdU building previously occupied all q by Advance Auto Parts retail store HH R Proposed Land Use.................... Single-story commercial building S with 1 restaurant and 3 office m tenant bays SE 5th St E 5th St Water Service......................... Water service is existing on-site PIP via a six inch (6") valve located within the adjacent alley to the east t St - Sewer Service........................ Sewer service is existing on-site NORTH via an eight inch (8") main located within the adjacent alley to the east The item before the Board is the approval of the following aspects of a Class III Site Plan Modification for 249 Plaza, pursuant to Land Development Regulations (LDR) Section 2.4.5(G)(1)(c): O Site Plan; O Landscape Plan; ® Architectural Elevations; and, ® Waiver Request The subject site is located on the east side of SE 6th Avenue (US1) , south of SE 2nd Street. !�Ihl Uj /+p ` `i, �d -il� 11: ICI - re. .ull� a 11 Ii 11 ".�— %OKGOQV D ilil �h - _ - I�II Ihl �ii The subject property consists of Gracey-Byrd Lots 4 Thru 8 (Less the west 5' of US1 right-of-way) as recorded in Palm Beach County Official Records Book 23114, Page 265. It comprises 32,500 sq. ft. (0.746 acres) and contains an existing 8,726 sq. ft. one-story commercial building constructed in 1963 which was most recently occupied by an Advance Auto Parts retail store. Now before the Board for consideration is a Class III Site Plan Modification request to allow interior and exterior modifications associated with conversion of the existing 8,726 sq. ft. one-story commercial building to a multi-tenant restaurant/office building with four (4) tenant bays & construction of required on-site parking. a l i O _ L t k a� ,k WIECDESCRI The development proposal includes, but is not limited to the following: • Architectural elevation changes for the proposed new four (4) tenant bays • Extension of the covered walkway to the proposed two (2) northern most tenant bays • Provision of a 300 sq. ft. covered outdoor patio for restaurant seating/dining • Construction of sidewalk connectors/pathways serving the side and rear entries • Construction of twelve (12) additional parking spaces in existing landscaped area • Construction of one (1) additional parallel parking space off the rear alley • Reconstruction, redesign and restriping of existing on-site parking lot area • Installation of new wall-mounted and pole-mounted light fixtures, as needed • Provision of a 30' x 12' striped loading area in the rear off the alley • Provision of a dumpster enclosure area in the rear off the alley • Provision of a bicycle rack The development proposal also includes the following waiver to the Land Development Regulations (LDRs): • A waiver to LDR Section 4.6.9(D)(3)(c)(Stacking Distance) which requires twenty feet (20') of stacking for parking lots consisting of 21-50 spaces, whereas only ten feet (10') is provided off of the rear alley. iluii a ;'I 11, 1 ! G :iI i�1 IANli;{11,a i I�i i i II I I I Ii'I{,t SITE�k"`P LA h r{A NA LYSI I III I:1 1 h, . I S LDR Section 4.3.4(K): Development Standards Matrix— Nonresidential Zoning Districts The following table indicates that the existing building for the proposed development does not comply with LDR Section 4.3.4(K) and 4.4.13 Central Business District (CBD) zoning district design guidelines. Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 2 '.. Si4hoord. Exis>>fin � �Prb d'sea► 8uildih4Height: 25' min. 21' 26' 48' max. 6040 Setbacks. Front West 5' min. 17' 10.2' r t { TI 'h' -frontage (250') 10' max. (70-90%) 0' (0%) 0' (0%) ag- �,; -remaining length 15' min. 10-30% 98' (39%) 41' (16%) Fug pz Rear(East) 10' 14.77' 14.77' Side Interior North 0' 150' 150' Side Interior(South) 0' 0.76' 0.76' Oy en S ace Within DDA Area 0% 27.1% 20.6% The items identified in BOLD are preexisting nonconformities. Existing nonconformities shall not be expanded upon. No proposed new improvements create a nonconforming situation or increase an existing nonconformity. If fact, the applicant proposes to decrease existing nonconformities with respect to minimum building height and the required 15' minimum setback frontage percentage. Thus, this standard is met. Building Height: Pursuant to LDR Section 4.4.13(F)(1)(a), all proposed structures must meet the minimum and maximum building height requirement of twenty-five feet (25') and forty-eight feet (48') respectively. The maximum height of the existing structure is twenty-one feet (21'). The applicant proposes an aesthetic tower feature at a minimum twenty-six foot (26') height. This reduces the existing nonconformity and meets the minimum requirement. Open Space: Per LDR Section 4.4.13(F)(2)(a), there shall be no minimum open space requirement within the area encompassed by the boundaries of the original Downtown Development Authority (DDA). The subject site falls within the applicable DDA area as defined within LDR Section 8.2.2(8). Thus, zero percent (0%) open space is required. However, 27.1% open space currently exists on-site. With the provision of additional on-site parking, 20.6% open space will remain. Thus, this standard is met. Parking: Pursuant to LDR Section 4.4.13(G)(1)(d), the parking requirement for restaurants is established at six (6) spaces per 1,000 sq. ft. of rg oss floor area. The proposed 2,200 sq. ft. (includes 300 sq. ft. outdoor dining area) restaurant requires thirteen (13) spaces. Pursuant to LDR Section 4.6.9(C)(4)(a), business and professional offices shall provide 4 spaces per 1,000 sq. ft. of net floor area up to 3,000 sq. ft. and then 3.5 spaces per 1,000 sq. ft. of net floor area over the initial 3,000 sq. ft. For the first 3,000 sq. ft. of net area for the proposed office use, 12 spaces shall be provided. For the remaining 1,254 sq. ft. of net office area, 4 spaces shall be provided. A total of 29 spaces are required, and 37 spaces have been required. Thus, this standard is met. LDR Article 4.6—Supplemental District Regulations: Lighting: Pursuant to LDR Section 4.6.8(A)(3), the minimum illumination for public parking lots in commercial and industrial areas is 1.0 foot candles and the maximum is 12.0 foot candles. The proposed photometric plan complies with these illumination standards since the minimum illumination provided is 1.0 foot candles and the maximum is 10.3 foot candles. The photometric plan indicates a proposed maximum height of twenty-five feet (25'). However, the location of types of exterior light fixtures is not graphically demonstrated on the proposed architectural elevations. Cut sheets for the proposed exterior light fixtures shall be provided and they shall be visibly located on the elevation drawings and rendering. This is attached as a condition of approval. Upon addressing this condition of approval, this standard is met. Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6`h Avenue-Class III Site Plan Modification Page 3 Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The development proposes to provide two (2) handicap accessible parking spaces along the north entrance of the site which meets the minimum requirement. However, per the Florida Building Code requirements, the rear entrances along the alley shall also provide ADA Compliant Handicap Accessible Ramps. As a condition of approval, the rear entrances shall be handicap accessible. Upon addressing this condition of approval, this LDR requirement will be met. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. One (1) bike rack is proposed along the walkway connecting to SE 6th Avenue (US1). Thus, this LDR requirement has been met. Sight Visibility Triangles: Per LDR Section 4.6.14(B)(5), for federal rights-of-way (i.e. FDOT), the required line of sight shall be correctly depicted on the plans. Pursuant to LDR Section 4.6.14(C), there shall be no objects above three feet (3') tall obstructing the line of sight on both sides of an accessway. This is applicable to US1 (i.e. SE 6th Avenue). Upon addressing this condition of approval, this standard will be met. Pursuant to LDR Section 4.6.14(B)(1), a ten foot (10') sight triangle is required at the intersection of the driveways at the main ingress/egress driveway or alleyway. The 10' sight triangles have been inadvertently omitted along the alley. The sight visibility triangle shall be correctly depicted and indicate visibility within the 3' to 6' height requirement. Upon addressing this condition of approval, this standard will be met. Ground Floor Glass Transparency: Pursuant to LDR Section 4.6.18(13)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of seventy-five percent (75%) of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non-solar or non- mirrored, and have a light transmission reduction of no more than twenty percent (20%). The 249 Plaza has proposed changes to the exterior of the building along SE 6th Avenue (US1) which provide additional glass transparency area. The existing glass transparency area is only 28.5%. However, with the proposed exterior renovations, 79% glass transparency area will be provided. This increases the glass transparency area by 50.5%, eliminates an existing nonconformity and exceeds the minimum requirement. Thus, this standard is met. LDR Article 5.3— Dedication and Impact Requirements: Right-of-Way Requirements: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Item` '}' Silldewalk Siddwalki Curti''I&°'Ili', k Curb &'III Rgh#-Of' Right3Of'IIIIII: Co NNs[cler� Fryrye ,� ,1Nrd# _ tr ' �Ui�ith �-3. Gutter'�II,,,II, Gutteir III � ' Wa� � Vl�ay�I I III„ - Y y Ex�stnig 4 .=Pr`opos�d = Existm PreTpr�sed Xi ti Dedilcation SE 6th Ave. 5.5' No Change Yes No Change 30' N/A 16'Alley N/A N/A N/A N/A 16' 4' Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 4 Pursuant to Table T-1 of the Comprehensive Plan Transportation Element, sixty feet (60') of right-of-way is required for US1 (SE 6th Avenue) and sixty feet (60') of right-of-way exists. Since thirty feet (30') of right-of- way already exists on the east side of the road, no dedication is required. Alley Right-of-Way Requirements: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D)(3), additional right-of-way width may be required to promote public safety and welfare, provide for storm water management, provide adequate area for street trees and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley right-of-way width is sixteen feet (16'). When the alley abuts residential uses, a four foot (4') right-of-way dedication is required along the parcel boundary of the adjacent commercial property. The City Engineer has determined a width of twenty feet (20') to be consistent with the widths provided with other redevelopment proposals. Therefore, a dedication of four feet (4') from the east property line is required and has been depicted on the proposed plans. Prior to building permit issuance, the applicant shall process a right-of-way deed indicating a four foot (4') alley right-of-way dedication to be approved by the City Commission and subsequently recorded with Palm Beach County. This is attached as a condition of approval. Upon doing so, this standard will be met. LDR Article 6.1 — Design Standards and Requirements: Sidewalk Requirements: Pursuant to LDR Section 6.1.3(B), a minimum eight foot (8') sidewalk is required within the Central Business District (CBD). A 5.5' sidewalk exists along SE 6th Avenue. The (US1) Federal Highway Beautification project calls for the existing sidewalk width within the adjacent public r.o.w. to remain "as is". Thus, no changes are proposed. Therefore, this standard is met. Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless otherwise noted: 1. Cut sheets for the proposed exterior light fixtures shall be provided and they shall be visibly located on the elevation drawings and rendering. 2. Per the Florida Building Code requirements, the rear entrances along the alley shall provide ADA Compliant Handicap Accessible Ramps. Modify affected sheets to demonstrate compliance. 3. The required sight triangles have been inadvertently omitted. The sight visibility triangles shall be correctly depicted and indicate visibility within the 3' to 6' height requirement. Modify affected sheets to demonstrate compliance along the alleyway and US1 (SE 6th Avenue). 4. Process a right-of-way deed indicating a four foot (4') alley right-of-way dedication to be approved by the City Commission and recorded with Palm Beach County. 5. Per LDR 4.6.16(H)(3)(h), a group of palms or a shade tree shall be planted for every 125 square feet of required interior landscaping. This applies to the landscape strip between the two parking tiers. Two (2) additional trees, one at each end of the parking landscape strip, are required. In keeping with the proposed palette, "LI" would keep the selection of trees consistent. £k �� >_� i III, I 'I i iii I h r. st J i Y i fik ��i�l ` 1' . . _ 'k w, el1/E R ANNA Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 5 (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be twenty feet (20') for twenty-one (21) to fifty (50) proposed parking spaces. The applicant has proposed ten feet (10') of stacking at two (2) entrances along the rear alleyway. A waiver has been requested to reduce the stacking distance from twenty feet (20') to ten feet (10'). The applicant has provided the following verbatim justification statement regarding the waiver request: "The site has one main access point from SE 6t" Avenue and two secondary access points from the alley. The main entry point exceeds the 20 foot stacking requirement from the right of way to the first parking space by more than 13 feet. The alley dedication line will take an additional 4 feet of property on the east side." Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be twenty feet (20') for twenty-one (21) to fifty (50) proposed parking spaces. A waiver to this requirement is justifiable to allow the site to accommodate the maximum amount of parking feasible. Given the lot depth constraint of 130', the site has had to maximize the provided parking on-site. In turn, a reduction to ten feet (10') of stacking does not affect the neighboring areas or create an unsafe situation because there are multiple accessways and sufficient stacking is provided from the primary accessway of US1 (SE 6th Avenue). Along the alley, additional stacking (i.e. at least 14') could be provided were it not for the four foot (4') alley dedication. Thus, granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from twenty feet (20') to ten feet (10') with respect to LDR Section 2.4.7(B)(5). dF a - b R , 5 REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core), and a zoning designation of CBD (Central Business District). The CBD zoning is consistent with the Commercial Core FLUM designation. The primary uses are those of a "restaurant", which is listed as a principal use in the CBD district per LDR Section 4.4.13 (13)(3)(a) and "business and professional offices" which are listed as principal uses in the CBD per LDR Section 4.4.13(B)(2)(a). Therefore, a positive finding with this section can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "A", a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. Site Plan Review and Appearance Board Staff Report– December 17, 2014 249 Plaza–247 SE 6 th Avenue-Class III Site Plan Modification Page 6 Compliance with performance standards set forth in Chapter and required findings � in Section 2'4'5(E)/5) for the request shall be the basis upon which m finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making afinding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective � -^ � Future Land Use Element- Obiective A-1: Property shall be developed or redeveloped in a manner so that the � future use and intensity is appropriate and complies in harnna of soil, topoQnaphio, and other applicable physical � cono|deretionu, is complimentary to adjacent land uoee, and fulfills remaining land use needs. � The proposed interior and exterior renovations for the 249 Plaza will be a welcome addition to the downtown � CBO district. The restaurant and business and professional office uses are compatible with the fabric of other existing establishments along US1 (SE 0 m Avonue). Therefore, the proposed development will complement | adjacent residential and commercial land uses. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS (LDRs): U&mnms identified in the Land � Development Regulations shall specifically be addressed by the body taking final action on the site / and development application/request' As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs � can be made when all outstanding items attached as conditions of approval are addressed. � LDR Section 2.4.5(F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding � that development of the property pursuant to the site plan will be compatible and harmonious with � adjacent and nearby properties and the City ama whole, so as not to cause substantial depreciation of � property values. � � The following zoning designations and uses are abutting the subject property: � Adjacent Zoning: Adjacent Land Use: North: CBD (Central Business District) Firestone Tire &Auto Service Center —East: R-1-AA (Single Family Residential) Single Family Residences — South: CBD (Central Business District) Hamilton Place Townhomes —West.- CBD (Central Business District) Multi-Story Office Complex � The subject property is surrounded by CBD | Business District) zoning on the north, south and west. � However, the adjacent land ueme are automotive service canter (Fireotone), multifamily townhoma � development (Hamilton Place) and a multi-story office complex respectively. To the east one single family residences located in the Marina Historic District. The homes to the east are buffered by the existing 18' alley which will be improved to 20' The office complex to the west is buffered by 00' of US1 right-of-way. The Hamilton Place Tmxxnhonneatothe south are constructed at the zero (0) lot line and do not require buffering because the property ie not residentially zoned. The Firestone to the north will continued to buffered by20' of � landscaped area between the proposed new parking row and the existing building at the zero (0) lot line. |n � � prior yeana, the existing structure has accommodated an Advance Auto Parts retail store which is o |eaa � attractive and |eoa compatible use than the proposed multi-tenant retail and restaurant use. Thus, ofinding � � can be made that the use will not have m detrimental effect upon the stability of the dovvntoxvn, nor will it hinder the development or redevelopment of nearby properties. � mg Pursuant to LDR eeoUnn 4.6.16 ([)M\(a). prior to the issuance of a building pennhL compliance with the requirements of Section 4.8.16 shall be meounad through the review and approval of a landscape plan ' Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 7 submitted pursuant to Section 2.4.3(0). The proposed landscaping includes the required 20' landscape buffer along US1, as well as, the required 9' terminal landscape islands at the ends of all existing and proposed new parking rows. Additionally, foundation plantings have been provided around the perimeter base of the building. It is noted that there is no requirement for landscaping within this area of the CBD. Thus, the proposed landscaping is being voluntarily provided by the applicant. Thus, the landscape plan can be deemed in compliance with applicable requirements of LDR Section 4.6.16. a "j i` ARCH1TfGT[JRAL�LE�/ATIO'N5 'ANALYSIS s = ry - III it --� — s fur. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Architectural changes will include replacement and addition of storefront windows and doors on the west elevation and the addition of storefront windows and one door on the north elevation. These changes will significantly comply with the minimum 75% glass transparency along the street frontage. The existing canopy structure will be replaced and enlarged on the west side of the building providing covered entries as well as covered outdoor seating are in front of the restaurant. An accent tower will be constructed to extend above the roof line. The building will be repainted. The awnings will be "Terra Cotta". The walls will be "Maison Blanche". The accent color for the fascia will be "Dry Dock". The railings, doors and columns will be "Cavern Clay". The wall paint will have an eggshell finish. The metal doors, frames and handrails will have a semi- gloss finish. The east elevation will have new covered service entries and exists with at-grade steps. However, it is noted that the building department has indicated that the rear access doors to the building shall be made ADA Compliant for Handicap Access. Therefore, as a condition of approval, the affected plans must be revised to indicate compliance. Upon addressing the condition of approval, the proposal will be consistent with the criteria established in LDR Section 4.6.18(E). iii ,',il� is �� i — k�� § s— lii ili 'lillll i Iii �i�il ulli 1�.. } RVIB $ f - - '� r. k �l �' y�[��' 'ii�� r; �.1� __ �g--M ER5 `.'G i iil -'u�rtl h l�li ii i : ' ._ .,.� Lr 'i; il�i��'fk��l�iii il��P�n"; The development proposal is not located in an area which requires review by the Pineapple Grove Main Street (PGMS) or West Atlantic Redevelopment Coalition (WARC) groups. Community Redevelopment Agerl At its meeting of November 20, 2014, the CRA (Community Redevelopment Agency) reviewed the development proposal and reached a consensus to recommend approval. Downtown Development Authority: At the meeting of December 8, 2014, the DDA (Downtown Development Authority) reviewed the development proposal and reached a consensus to recommend approval. Site Plan Review and Appearance Board Staff Report— December 17, 2014 249 Plaza—247 SE 6'h Avenue-Class III Site Plan Modification Page 8 Courtesy Notice: Courtesy notices have been provided to the following associations that have requested notice of developments in their areas: • Delray Citizens Coalition • Chamber of Commerce Public Notice: Formal public notice is not required. Any letters of objection and/or support for this site plan modification will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. The proposed Class III site plan modification request is to allow interior and exterior modifications associated with conversion of the existing 8,726 sq. ft. one-story commercial building to a multi-tenant restaurant/office building with four (4) tenant bays & construction of required on-site parking. A waiver to the minimum 20' stacking distance along the alley is required and subject to City Commission approval. Staff supports the waiver due to the fact that a four foot (4') alley r.o.w. dedication is being provided and multiple ingress and egress points serve the site. Substantial interior and exterior conversions to the existing building will bring it more into compliance with the LDRs with respect to the 75% transparency requirement, 9' terminal landscape islands, 20' landscape buffer along US1 and 26' high accent tower which decrease or eliminate existing on-site nonconformities. The new uses are more compatible with the site than the prior Advance Auto Parts retail store use and will provide viable community resources to the single family residences to the east and the multifamily townhomes to the south, as well as further revitalize the downtown CBD area. The proposed restaurant and business and professional office uses will be consistent with the current policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations, subject to the conditions as indicated in the staff report. Therefore, positive findings can be made with respect to Section 2.4.511 IF i�s - vl III III I I p t L 1= - 1 �I, 'pp�li I .I ail A<�TERNATl1✓ AC3TIOIVS ��' �I�L. A. Continue with direction. I B. Deny the waiver, Class III site plan modification, landscape plan and architectural elevations 249 Plaza, based upon a failure to make positive findings with respect to Section 2.4.5(G)(5)(Compatibility), that the proposed use will hinder development of nearby properties. C. Approve the waiver, Class III site plan modification, landscape plan and architectural elevations for 249 Plaza, based upon positive findings with respect to Section 2.4.5(G)(5)(Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions. `,RECOMM�NDED�AC,TION iii IIII `,; ;! ji, III Itll �.II„ By Separate Motions: Stacking Distance Waiver. Make a recommendation of approval to the City Commission for the requested waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce the minimum stacking distance to ten feet (10') for parking lots with twenty-one (21) to fifty (50) spaces, whereas a minimum twenty foot (20') stacking distance is required, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5) of the Land Development Regulations. Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue- Class III Site Plan Modification Page 9 Site Plan: Approve the Class III site plan modification request for 249 Plaza, based upon positive findings with respect to Section 2.4.5(G)(5) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions of approval: 1. Cut sheets for the proposed exterior light fixtures shall be provided and they shall be visibly located on the elevation drawings and rendering. 2. Per the Florida Building Code requirements, the rear entrances along the alley shall provide ADA Compliant Handicap Accessible Ramps. Modify affected sheets to demonstrate compliance. 3. The required sight triangles have been inadvertently omitted. The sight visibility triangles shall be correctly depicted and indicate visibility within the 3' to 6' height requirement. Modify affected sheets to demonstrate compliance along the alleyway and US1 (SE 6th Avenue). 4. Process a right-of-way deed indicating a four foot (4') alley right-of-way dedication to be approved by the City Commission and recorded with Palm Beach County. 5. The Palm Beach County Traffic Division has indicated that additional information is required for a traffic concurrency determination. Receipt of a favorable traffic concurrency determination is required prior to site plan certification. 6. Address the "Preliminary Engineering Technical Comments" in Appendix C. Landscape Plan: Approve the landscape Plan for 249 Plaza, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Architectural Elevations: Approve the architectural elevations for 249 Plaza, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Staff Report Prepared By • Candi N. Jefferson, Senior Planner Attachments: • Location Map • Proposed Plans • Appendices A, B & C • PBC Traffic Concurrency Review Comments Site Plan Review and Appearance Board Staff Report-December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 10 APPENDIX "A9' C.ONCURRENCY FINDING$ Pursuant to LR Section 3.1.1(B), Concurrency, as defined pursuant to Objective -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer.- • Water service is existing on-site via a six inch (6") valve within the adjacent alley to the east • Sewer service is existing on-site via an eight inch (8") main within the adjacent alley to the east Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The traffic statement indicates that there will be a decrease of 221 daily trips and an increase of 18 AM peak hour trip and a decrease of 17 PM peak hour trips at build-out in 2015. It is noted that the site is located with the Traffic Concurrency Exception Area and is exempt from detailed traffic pattern analysis. However, the Palm Beach County Traffic Division has indicated that additional information is required for a traffic concurrency determination. Receipt of a favorable traffic concurrency determination is a condition of approval. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The proposed 2,200 sq. ft. of restaurant use (27.39 tons) and 6,526 sq. ft. of office use (17.62 tons) will generate a total of 45.01 tons of solid waste per year. The prior 8,726 sq. ft. of retail use generated 44.5 tons of waste per year. There will be a net increase in 0.96 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2046. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is accommodated through FDOT's storm water drainage system within the US1 right-of-way. There should be no impact on drainage as it relates to this standard. Site Plan Review and Appearance Board Staff Report—December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 11 APPENDIX A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D- 2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable I X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent Site Plan Review and Appearance Board Staff Report-December 17, 2014 249 Plaza—247 SE 6th Avenue-Class III Site Plan Modification Page 12 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective -2 of the Housing Element. Not applicable Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not a licable X Meets intent of standard Does not meet intent Site Plan Review and Appearance Board Staff Report December 17, 2014 249 Plaza—247 SE 6tt'Avenue-Class III Site Plan Modification Page 13 APPENDIX I PRELIMINARY ENGINE'ERINIG TECHNICAL COMMENTS Preliminary Engineering Technical Comments: 1. Provide a response letter with a detailed description of how each of these comments has been addressed and reference plans sheet number for accurate review. 2. Provide copy of FDOT permit or correspondence on permit status. 3. Provide existing elevations on existing roadway including edge of pavement and center line. 4. Indicate right-of-way dedications on all plans in accordance with LDR Section 5.3.1. 5. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double striping at parking spaces. 6. Provide drainage easements for all proposed private drainage systems in accordance with LDR Section 5.3.4. 7. Show nearest existing fire hydrants and add any necessary hydrants per Fire Department requirements and in accordance with LDR Section 6.1.10 (2). 8. Provide 12-foot exclusive sewer easement over sewer service lines up to first clean-out. 9. Show and clearly label all easements on Landscape, Engineering and Composite Utility Plans. 10. Provide the following note on both the Engineering Plans and the Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." 11. Provide signed and sealed calculations indicating current and proposed estimated flows into existing sanitary sewer; submit to my attention at the Engineering Division. Upon review and approval, a letter from the Deputy Director of Public Utilities stating that the City's system has sufficient capacity to treat proposed flows will be issued. This is a requirement in accordance with LDR Section 5.3.3 (D) for the Off-Site Impact Assessment to the City's water and sewer systems. 12. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 13. Please Resubmit Through The Planning and Zoning Department; and Clearly Indicate Which Documents Are For The Engineering Division. Also, Ensure A Complete Set Of Plans Is Provided For The Engineering Division. 14. Additional comments may follow after review of revised plans. Final Engineering Comments: 1. Final Engineering comments will be generated upon next submittal and during the Building Permit Department review process. a" UC E Ll 0 (- U SE 1st St a� c �L c� G SE 2nd St > ti Q LO w U) w a� Q SE 3rd St w II U) Mal q a S 0 SE 4th St 249 PLAZA W NORTH Subject Property PLANNING&ZONING LOCATION MAP DEPARTMENT Document Path: S:\Planning &Zoning\DBMS\GIS\Location Maps\249 Plaza.mxd Nov + O p'7 �Av November 12,2014 r 1 kA"11� and are ° Mr. Dana P. Little, AICP Department r Works Director of Planning&Zoning City of Delray Beach P.O.Box 21229 100 N.W, V4 Avenue West Palm each,FL 33416.1229 Delray Beach, FL 3 cell 684-4400 : 249 SE 6''Avenue FAX:(561)684.4050 Project#141016 www,pbcgov.com TRAFFIC PERFORMANCE STANDARDS %tl W Dear Dana: The Palm Beach County Traffic Division has reviewed the traffic statement for the Proposed re-development/expansion project entitled;246 SE 6 Avenue,pursuant to the Pax o Traffic Performance Standards in Article 12 of the Palm Beach County Land Board f County Development Cade. The project is summarized as follows: Commissioners Location: Past side of SE a Avenue, south of SE 2nd Street. Priscilla A.Taylor,Mayor Municipality: Delray Beach CN#: 12-43-46-16-B3-000-0040. Paulette Burdick,Vice Mayor Existing Uses: 3,426 SF General Retail-to be converted Hal R.Va.leche Proposed (Uses: 1,000 SF General Retail, 5,526 SF General Office, and 2,200 SF Quality restaurant (Total 5,726 SF). Shelley Va.na, New Daily Trips: 266—Vested not included New PM Trips: 21 AM and 24 PM�-Vested not included Steven�. »raa Build-Out: N/A Mary Lou Berger Based on our review, the Traffic Division has the following comments: Jess R.Sankamaria • Provide a site plan: • Provide a build-out date. • Indicate and provide documentation on the existing retail use to be operational county AAministrator or having been Used in the last 5 years: Robert weisman If you have any questions regarding this determination,please contact me at 864-4030 or e-mail to matef av ar 1, Sincerely, ..} Masoud Atefi-=MSCB CPS Administrator, Municipalities-Traffic Engineering Division MA:sf ec: Enviro Design Associates,Inc. 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This waiver request came before the City Commission on February 24, 2015. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 249 Plaza at 247 SE 6th Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. L WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.9(D)(3)(c)(1) Pursuant to LDR Section 4.6.9(13)(3)(c)(1), the minimum distance between a right- of-way and the first parking space or aisleway in a parking lot ("stacking distance") shall be 20 feet for a parking lot with 21 to 50 proposed parking spaces. The applicant is requesting that the stacking distance requirement be reduced from 20 feet to ten feet for two entrances along the rear alleyway. Should the waiver to Section 4.6.9(1))(3)(c)(1) allowing a stacking distance of ten feet for two entrances along the rear alleyway be granted? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies this waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 24th day of February 2015, by a vote of in favor and opposed. ATTEST: Cary D. Glickstein, Mayor Chevelle Nubin, City Clerk 2 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer Teresa Cantore, Treasurer THROUGH: Donald B. Cooper, City Manager DATE: February 3, 2015 SUBJECT: AGENDA ITEM 9.C.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 RESOLUTION NO. 13-15/UTILITIES TAX REVENUE REFUNDING AND IMPROVEMENT BOND 2015 SERIES BACKGROUND Proposed Resolution No. 13-15 authorizes the issuance of not more than $44,000,000 in Delray Beach Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015, for the purpose of refunding and financing certain municipal projects within the City. The resolution also includes, but is not limited to, provisions for the appointment of an escrow agent and the approval of the form and delivery of an escrow deposit agreement, appointment of a paying agent/registrar, and approval of the form of an official statement, notice of sale and summary notice of sale. Approximately $27 million of the proceeds would be used to advance refund $24.33 million of the City's outstanding Utilities Tax Revenue Bonds, Series 2007. For this proposed refunding, the estimated net present value debt service savings based on current market conditions is $ 1.75 million, which is 7.2 percent of the refunded bonds par amount. This amount exceeds the generally accepted refunding threshold of 3 percent to 5 percent of refunded bonds par amount. Approximately $6.1 million of the proceeds would be used to refund the City's Bond Anticipation Revenue Improvement Notes, Series 2013, originally issued to provide temporary funding of the Beach Renourishment and Federal Highway Beautification projects. The notes were issued pursuant to a line of credit with TD Bank, which expires in mid—2016. Approximately $6 million of the proceeds would be used to finance a replacement for the City's existing Fire Station#3, which is at the end of its economic life. Approximately $3 million of the proceeds would be used to finance projects identified in the City's Beach Area Master Plan. The resolution provides for the competitive sale of the Series 2015 Bonds. Public Financial Management (PFM), the City's financial advisor, will assist the City with evaluation of the competitive bids to determine the lowest true interest cost provider. OPERATING COST Based on current market conditions, the refunding of the 2007 Bonds will generate approximately $125,000 of annual debt service savings through final maturity of 2032 or approximately $1.75 million on a net present value basis. The $15.1 million of proceeds to refund the line of credit and finance new money capital projects will result in approximately $1.1 million of annual debt service payments through final maturity of 2035. TIMING OF THE REQUEST Expeditious approval of this proposed resolution will avoid the risk of lost savings due to upward movement of market interest rates. FUNDING SOURCE Debt service on the Bonds will be paid with the City's utilities tax revenues. FY 2015 utilities tax revenue is budgeted at $9.04 million. RECOMMENDATION Recommend approval of Resolution No. 13-15. RESOLUTION NO. R-13-15 CITY OF DELRAY BEACH, FLORIDA Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 Utilities Tax Revenue Refunding and Improvement Bond Resolution Adopted February 24, 2015 Resolution No. R-13-15 TABLE OF CONTENTS Page SECTION 1. DEFINITIONS...................................................................................................5 SECTION 2. AUTHORIZATION, PURPOSE AND BOND DESIGNATION.....................8 SECTION 3. AUTHORITY FOR THIS RESOLUTION .......................................................8 SECTION 4. RESOLUTION CONSTITUTES CONTRACT................................................8 SECTION 5. DESCRIPTION OF THE BONDS ....................................................................8 SECTION 6. SALE OF BONDS...........................................................................................10 SECTION 7. REDEMPTION PROVISIONS .......................................................................11 SECTION 8. APPLICATION OF BOND PROCEEDS .......................................................13 SECTION 9. BOOK-ENTRY SYSTEM...............................................................................16 SECTION 10. COVENANTS OF THE CITY........................................................................17 SECTION 11. RULE 15C2-12 UNDERTAKING..................................................................18 SECTION 12. AMENDMENTS TO ORIGINAL RESOLUTION.........................................23 SECTION 13. ESCROW AGENT ..........................................................................................24 SECTION 14. ESCROW DEPOSIT AGREEMENT..............................................................24 SECTION 15. PAYING AGENT AND REGISTRAR...........................................................25 SECTION 16. REGISTRAR/PAYING AGENT AGREEMENT...........................................25 SECTION 17. MODIFICATION OR AMENDMENT...........................................................26 SECTION 18. PURCHASE OF BONDS................................................................................26 SECTION 19. SEVERABILITY OF INVALID PROVISIONS.............................................27 SECTION 20. FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR ACTS.......27 SECTION 21. REPEALER.....................................................................................................27 SECTION 22. EFFECTIVE DATE.........................................................................................27 i Resolution No. R-13-15 RESOLUTION NO. R-13-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF CITY OF DELRAY BEACH, FLORIDA, UTILITIES TAX REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2015 (THE "BONDS"), IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $44,000,000 FOR THE PURPOSE OF FINANCING AND REFINANCING CERTAIN MUNICIPAL PROJECTS WITHIN THE CITY; DETERMINING CERTAIN DETAILS OF THE BONDS; ESTABLISHING THE MATURITY SCHEDULE FOR THE BONDS, AUTHORIZING THE CITY MANAGER OR CHIEF FINANCIAL OFFICER TO PUBLISH THROUGH ELECTRONIC MEANS A SUMMARY NOTICE OF SALE TO RECEIVE BIDS PURSUANT TO A COMPETITIVE SALE OF THE BONDS AND AWARD THE SALE OF SAID BONDS TO THE RESPONSIVE BIDDER OR BIDDERS OFFERING THE LOWEST TRUE INTEREST COST TO THE CITY WHICH SHALL NOT EXCEED FIVE PERCENT (5.00%); AUTHORIZING THE RESPONSIVE BIDDER OR BIDDERS TO OBTAIN BOND INSURANCE; PROVIDING FOR THE APPLICATION OF THE BOND PROCEEDS; AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT; APPOINTING A PAYING AGENT AND BOND REGISTRAR; AUTHORIZING THE REGISTRATION OF THE BONDS UNDER A BOOK-ENTRY SYSTEM; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF THE BONDS AND AUTHORIZING THE DISTRIBUTION OF THE PRELIMINARY OFFICIAL STATEMENT, SUMMARY NOTICE OF SALE AND OFFICIAL NOTICE OF SALE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT RELATING TO THE BONDS; PROVIDING FOR THE UNDERTAKING BY THE CITY REGARDING SECONDARY MARKET DISCLOSURE AS REQUIRED BY RULE 15c2-12 OF THE SECURITIES AND EXCHANGE COMMISSION; PROVIDING FOR CERTAIN AMENDMENTS TO THE ORIGINAL RESOLUTION SUBJECT TO OBTAINING THE REQUIRED CONSENT OF THE BONDHOLDER; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission (the "Commission"), as the governing body of the City of Delray Beach, Florida (the "City"), did, on December 3, 1991, adopt Resolution No. 98- Resolution No. R-13-15 91, as amended and supplemented (herein, the "Original Resolution"), for the purpose, among other things, of authorizing the issuance from time to time of Utilities Tax Revenue Bonds to finance and refinance municipal projects; and WHEREAS, any term not otherwise defined in this Resolution shall have the meaning ascribed to such term in the Bond Resolution (as defined below); and WHEREAS, on the date of adoption of this Resolution, the City has now outstanding its Utilities Tax Revenue Refunding Bonds, Series 2002 in the original aggregate principal amount of $6,730,000 and now outstanding on the aggregate principal amount of $900,000 (herein, the "2002 Bonds") issued pursuant to the terms and provisions of the Original Resolution and Resolution No. R-90-02 (the "2002 Resolution") and its Utilities Tax Revenue Bonds, Series 2007 (herein, the "2007 Bonds") in the original principal amount of$24,635,000 issued pursuant to Resolution No. 21-07 (the "2007 Resolution") and now outstanding in the aggregate principal amount of$24,470,000; and WHEREAS, pursuant to the terms and provisions of the 2002 Resolution and the 2007 Resolution, the Original Resolution was amended and supplemented in certain respects (the Original Resolution, as amended and supplemented by the 2002 Resolution and the 2007 Resolution is herein referred to as the"Bond Resolution"); and WHEREAS, the Commission did, on April 16, 2013, adopt Resolution No. 23-13 authorizing the issuance of not to exceed $22,250,000 in aggregate principal amount of Bond Anticipation Revenue Improvement Notes, Series 2013 (herein, the "Notes") and pursuant to a closed end line of credit with TD Bank, N.A., the City has issued and now has outstanding the Notes; and 2 Resolution No. R-13-15 WHEREAS, pursuant to the terms and provisions of the Bond Resolution, the 2002 Bonds, the 2007 Bonds and other Bonds issued pursuant to Article III, Section 4.G. of the Original Resolution were secured by a pledge of the City's Utilities Tax which was defined to include the tax imposed by the City on each and every purchase in the City of electricity, and metered and bottled gas (natural liquefied petroleum gas or manufactured); and WHEREAS, effective October 1, 2001, the Legislature of the State of Florida (i) repealed the authorization for the levy by municipalities, including the City, of the public service tax on telecommunications services, and (ii) instead, authorized the implementation of a communications services tax pursuant to the provisions of Chapter 202, Florida Statute, as amended and supplemented (herein, the "Communications Services Tax"); and WHEREAS, the Commission previously determined, pursuant to Resolution No. R-21- 07, that it would be in the best economic interest of the City to amend the definition of Utilities Tax to include the portion of the Communications Services Tax received by the City each month, so that the 2002 Bonds, the 2007 Bonds and any other bonds issued under Article III, Section 4.G of the Original Resolution including the Bonds shall also be secured by such tax; and WHEREAS, pursuant to Article III, Section 4.G of the Original Resolution, the Commission hereby determines it to be in the best economic interest of the City to finance certain municipal projects more particularly described on Exhibit A attached hereto (the "2015 Projects"), to pay and defease a portion of the 2007 Bonds and to prepay a portion of the Notes through the issuance of its not to exceed $44,000,000 in initial aggregate principal amount of Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 (herein, the "Bonds"); and 3 Resolution No. R-13-15 WHEREAS, Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), provides that it is unlawful for a broker dealer or municipal securities dealer to purchase or sell municipal securities, which includes the Bonds, unless the issuer, which includes the City, has undertaken in a written agreement (herein, the "Undertaking") to provide to specified information repositories annual financial information and operating data relevant to the municipal securities and notice of certain specified material events; and WHEREAS, the Commission hereby determines to provide its Undertaking with respect to the Bonds in this Resolution; and WHEREAS, pursuant to the Original Resolution, before the City shall issue any indebtedness payable from the Utilities Tax, the City must demonstrate that after the proposed issuance of such indebtedness, it shall meet the requirements set forth in Article III, Section 4.G. of the Original Resolution; and WHEREAS, the Bonds authorized under this Resolution will meet the tests provided under said Original Resolution; and WHEREAS, it is necessary: (i) to fix the date, denominations, amount and maturities of the Bonds, (ii) to authorize the publication of a Summary Notice of Sale in The Bond Buyer, (iii) to approve the form and authorize the use of an Official Notice of Sale, Preliminary Official Statement and a final Official Statement, (iv) to authorize the City Manager or the Chief Financial Officer of the City to award the Bonds to the best bidder or bidders upon the terms and conditions and subject to the limitations set forth herein and in the Official Notice of Bond Sale, (v) to approve the form of and authorize the execution and delivery of an Escrow Deposit Agreement, (vi) to approve the form of and authorize the execution and delivery of a 4 Resolution No. R-13-15 Registrar/Paying Agent Agreement, (vii) to appoint an Escrow Agent and (viii) to appoint a Bond Registrar and Paying Agent; and WHEREAS, there have been prepared and submitted to the Commission a: (a) Draft of Summary Notice of Sale, attached hereto as Exhibit B; (b) Draft Preliminary Official Statement, attached hereto as Exhibit C; (c) Draft of Official Notice of Sale, attached hereto as Exhibit D; (d) Draft of Escrow Deposit Agreement, attached hereto as Exhibit E, pursuant to which the City will make certain deposits to pay and defease the Refunded Bonds; and (e) Draft Registrar/Paying Agent Agreement, attached hereto as Exhibit F. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: SECTION 1. DEFINITIONS. That, except as provided below, all capitalized terms used in this Resolution not otherwise defined shall have the meanings ascribed to such terms in the Bond Resolution, unless the context clearly indicates otherwise. "Beneficial Owner" shall mean, for purposes of Section 11 of this Resolution only, any person which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of any Bonds for federal income tax purposes. In all other cases the term "Beneficial Owner" shall have the meaning set forth in Section 3.C. of Article I of the Original Resolution. "Communications Services Tax" shall mean the tax the City receives on communication services pursuant to the provisions of the Communications Services Tax Simplification Law codified as Chapter 202, Florida Statutes, as amended and supplemented. 5 Resolution No. R-13-15 "EMMA" shall mean the Municipal Securities Rulemaking Board's Electronic Municipal Market Access System (http:/.emma.msrb.org). "EMMA Compliant Format" shall mean any document provided to the MSRB which is in electronic format and is accompanied by identifying information as prescribed by the MSRB. "Escrow Agent" shall mean U.S. Bank National Association, appointed pursuant to Section 13 hereof. "Escrow Deposit Agreement" shall mean the Escrow Deposit Agreement substantially in the form attached hereto as Exhibit E, entered into by and between the City and the Escrow Agent in connection with the refunding of the Refunded Bonds. "MSRB" shall mean the Municipal Securities Rulemaking Board. "Paying Agent" shall mean U.S. Bank National Association, appointed pursuant to Section 15 hereof and any successor bank or trust company or the Finance Department appointed by subsequent proceedings of the City to act as Paying Agent hereunder. "Registrar" shall mean U.S. Bank National Association, appointed pursuant to Section 15 hereof and any successor bank or trust company or the Finance Department appointed by subsequent proceedings of the City to act as Registrar hereunder. "Replacement Bonds" shall mean certificated Bonds authenticated and delivered pursuant to Section 9 hereof, if the City discontinues the Book-Entry System. "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934, as the same may be amended from time to time. "Savings Threshold" shall mean the minimum amount of net present value savings of debt service the City must achieve before the Bonds authorized under this Resolution to pay and 6 Resolution No. R-13-15 defease the Refunded Bonds are issued. Such minimum level of net present value of savings shall not be less than 3.00%. "Securities Depository" shall mean, with respect to the Bonds (other than any Placed Bonds) to be issued in book-entry form, The Depository Trust Company and its successors and assigns, or a successor clearing agency designated pursuant to Article 11 hereof and its successors and assigns. "Serial Bonds" shall mean the Bonds of an issue other than Term Bonds which shall be stated to mature annually or semi-annually. "Tax Certificate" shall mean the Arbitrage Certificate executed by the City on the date of initial issuance and delivery of the Bonds, as such Tax Certificate may be amended from time to time, a source of guidance for achieving compliance with the Code. "Term Bond Option" shall mean the option provided in the Official Notice of Sale allowing certain maturities of Bonds to be combined as one or more Term Bonds. "Term Bonds" shall mean any of the Bonds which shall be stated to mature on one date and for the amortization of that which mandatory payments are required to be made into the Redemption Account of the Debt Service Fund. "Utilities Tax" shall mean the tax imposed by the City on each and every purchase in the City of electricity, metered and bottled gas (natural liquefied petroleum gas or manufactured) and the Communications Services Tax. Said term shall also apply to all taxes imposed by the City on the purchase of utility services other than water and communication services, whether levied in the amounts prescribed by the Utilities Tax Ordinance or in any other amounts and whether imposed on the purchase of the same utilities services or any other or additional utilities services, by amendment to the Utilities Tax Ordinance or such other resolution or ordinance of the City. 7 Resolution No. R-13-15 This definition shall be applicable to the Bonds and all pLn passu additional bonds issued pursuant to Article HI, Section 4.G of the Original Resolution. SECTION 2. AUTHORIZATION, PURPOSE AND BOND DESIGNATION. That the City hereby determines at this time (i) to issue not exceeding $44,000,000 in the initial aggregate principal amount of its Bonds for the purpose of: (a) paying and defeasing a portion of the 2007 Bonds (such portion is herein called the "2007 Refunded Bonds"); (b)retire a portion of the Notes (such portion is herein called the "Refunded Notes"); (c) financing certain municipal projects within the City as more particularly described on Exhibit A attached hereto (the "2015 Projects"); (d) to pay the costs of issuance of the Bonds; and (ii) to designate such Bonds as its "Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015" (herein, the"Bonds"). SECTION 3. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the Act. SECTION 4. RESOLUTION CONSTITUTES CONTRACT. In consideration of the acceptance of the Bonds authorized to be issued hereunder by those who shall hold the same from time to time, this Resolution shall be deemed to be and shall constitute a contract between the City and such Owners and the covenants and agreements herein set forth to be performed by said City shall be for the equal benefit, protection and security of the Owners of any and all of such Bonds all of which shall be of equal rank and without preference, priority, or distinction of any of the Bonds over any other thereof except as expressly provided therein and herein. SECTION 5. DESCRIPTION OF THE BONDS. The Bonds shall be issued in registered form, shall be in the denomination of $5,000 each, or any integral multiple thereof. Principal shall be payable at the designated corporate trust office of the Paying Agent unless the Finance Department is serving as Paying Agent. The Bonds shall be numbered in such manner 8 Resolution No. R-13-15 as may be prescribed by the Registrar. The Bonds shall bear interest at not exceeding the maximum rate or rates permitted by law, payable by check or draft made payable to the Holder of Bonds and mailed to the address of such Holder of Bonds, as such name and address appear on the registration books of the City maintained by the Registrar on the fifteenth day of the calendar month preceding each Interest Payment Date or the fifteenth day prior to the date notice of redemption is given, whether or not such 15th day is a Saturday, Sunday or holiday (herein the "Record Date"); provided, however, that payment of interest on the Bonds may, at the option of any Holder of Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to the Holder at the domestic bank account number on file with the Paying Agent as of the Record Date. The Bonds authenticated prior to the first Interest Payment Date shall be dated and bear interest from the dated date of the Bonds. Bonds authenticated subsequent to the first Interest Payment Date shall bear interest from the next preceding Interest Payment Date on which such interest has been paid, unless such Bond is registered on an Interest Payment Date or during the period between a Record Date and the next succeeding Interest Payment Date, then from such Interest Payment Date if interest is then paid, as the case may be; provided, however, that if and to the extent there is a default in the payment of the interest due on such Interest Payment Date, such defaulted interest shall be paid to the persons in whose name Bonds are registered on the registration books of the City maintained by the Registrar at the close of business on the fifteenth day prior to a subsequent Interest Payment Date established by notice mailed by the Registrar to the registered owner not less than the tenth day preceding such subsequent Interest Payment Date, and such interest shall be payable semiannually on each Interest Payment Date of each year. 9 Resolution No. R-13-15 The Bonds shall be payable, with respect to interest, principal and premium, if any, in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. The Bonds issued hereunder may be Serial Bonds, or if the Term Bond Option is selected by the Underwriters pursuant to the terms and provisions of the Official Notice of Sale, as Term Bonds or any combination thereof as determined by the City Manager or Chief Financial Officer in consultation with the City's Financial Advisor and Underwriters. SECTION 6. SALE OF BONDS. The City's Chief Financial Officer is hereby authorized and directed to sell the Bonds at public sale by competitive bid and to publish the Summary Notice of Sale attached hereto as Exhibit B in The Bond Buyer, at least ten (10) days prior to the date of sale, which date of sale shall be determined by the Chief Financial Officer, in consultation with the City's Financial Advisor, in an effort to achieve the lowest interest cost for the City. The Official Notice of Bond Sale attached hereto as Exhibit C and the Preliminary Official Statement attached hereto as Exhibit D are each hereby approved and authorized to be used in connection with the sale of the Bonds. The Preliminary Official Statement, upon advice of the Chief Financial Officer, is hereby deemed final for purposes of the Rule. The Preliminary Official Statement and Official Statement (as defined below) are authorized to be made available by electronic means. The Preliminary Official Statement, as amended on the date of sale of the Bonds to delete the preliminary language and as further amended to reflect the actual interest rates and reoffering terms and any changes of maturities or amounts and with such additional correcting and conforming changes as shall be approved by the Chief Financial Officer, is hereinafter referred to as the "Official Statement" and as promptly as possible following the sale 10 Resolution No. R-13-15 and within seven (7) business days of the date of sale of the Bonds, the City agrees to make available to the Underwriters of the Bonds a sufficient number of copies of the Official Statement as necessary to enable such purchaser to comply with the Rule. The Mayor (herein, the "Mayor") or in his absence, the Vice Mayor, are authorized to execute the Official Statement on behalf of the City with such changes, completions and amendments as they shall determine are necessary or desirable. The Chief Financial Officer is hereby delegated the authority to award the Bonds to the responsive bidder or bidders offering to purchase the Bonds at the lowest true interest cost to the City, which in no event shall exceed five percent (5.00%) per annum. True interest cost shall be calculated as provided in the Official Notice of Bond Sale. Notwithstanding the foregoing, no award of the Bonds allocated as the refunding portion shall occur unless the Savings Threshold is achieved as a result of such sale. The successful bidder or bidders are authorized to obtain Bond Insurance for all or any of the maturities of the Bonds. The cost of such Bond Insurance, if any, shall be borne by such successful bidder or bidders. SECTION 7. REDEMPTION PROVISIONS. The Bonds maturing on June 1, 2026, and thereafter are redeemable at the option of the City from any legally available source, in whole or in part and if in part, in any order of maturity selected by the City, at its discretion, and by lot within a maturity if less than an entire maturity is to be redeemed, on June 1, 2025, or at any time thereafter, at a redemption price equal to the principal amount of Bonds to be redeemed, together with accrued interest to the date fixed for redemption. Notwithstanding the foregoing, if the City's Financial Advisor, upon consultation with the Chief Financial Officer of the City, determine that market conditions require different or no optional redemption provisions for the Bonds or for certain maturities of the Bonds, such 11 Resolution No. R-13-15 different optional redemption provisions or the exclusion of certain or all maturities of the Bonds from such optional redemption provisions will be deemed approved by the City so long as the maximum redemption premium does not exceed 1% and the first optional redemption period, if any, is not more than eleven (11) years from the date of issuance of the Bonds if the Bonds are to be subject to optional redemption. Any Bonds which are Term Bonds shall also be subject to mandatory redemption prior to maturity by lot, in such manner as the Registrar may deem appropriate, on June 1, in such years, at a price of par plus accrued interest to the date of redemption, in the annual amounts established by the Underwriters in consultation with the City's Chief Financial Officer and Financial Advisor. Notice of redemption of the Bonds shall be mailed, postage prepaid, by the Registrar not less than thirty (30) days before the date fixed for redemption to the registered owners of the Bonds or portions of Bonds which are to be redeemed, at their addresses as they appear on the registration books kept by the Registrar fifteen (15) days prior to the date such notice is mailed. Such notice of redemption shall set forth (i) the date fixed for redemption, (ii) the redemption price to be paid, (iii) that such Bonds will be redeemed at the designated corporate trust office of the Paying Agent and the name, address and telephone number of a contact person, (iv) if less than all of the Bonds shall be called for redemption, the distinctive numbers and letters, if any, of such Bonds to be redeemed, and (v)in the case of Bonds to be redeemed in part only, the portion of the principal amount thereof to be redeemed. In case any Bond is to be redeemed in part only, the notice of redemption that relates to such Bond shall state also that on or after the redemption date, upon surrender of such Bond, a new Bond or Bonds of the same maturity, bearing interest at the same rate and in aggregate principal amount, equal to the 12 Resolution No. R-13-15 unredeemed portion of such Bond, will be issued. Failure of the registered owner of any Bonds which are to be redeemed to receive any such notice shall not affect the validity of the proceedings for the redemption of Bonds for which proper notice has been given. Interest shall cease to accrue on any of the Bonds duly called for prior redemption if payment of the redemption price has been duly made or provided for. The Registrar also shall mail (by certified mail, return receipt requested) a copy of such notice for receipt not less than the second Business Day prior to the date the notice of redemption is mailed to the registered Holders of the Bonds to the following address (or most current address): The Depository Trust Company, 711 Stewart Avenue, Garden City, New York 11530, Fax (516) 227-4039 or such other securities depository designated by the City; provided, however, that such mailing shall not be a condition precedent to such redemption and failure to mail any such notice shall not affect the validity of any proceedings for the redemption of the Bonds. The foregoing shall not be applicable to any Placed Bonds. The Registrar shall also provide notice, at the same time notice of redemption is given to the Bondholders, to the MSRB through EMMA. A second notice of redemption shall be given sixty (60) days after the redemption date in the manner required above to the registered owners of redeemed Bonds which have not been presented for payment within thirty (30) days after the redemption date. SECTION 8. APPLICATION OF BOND PROCEEDS. All moneys received by the City from the sale of the Bonds originally authorized and issued pursuant to this Resolution, shall be disbursed as follows: A. From the net proceeds of the Bonds, an amount which, together with other moneys lawfully available therefore, including moneys and investments transferred from the 13 Resolution No. R-13-15 funds and accounts created and established by the proceedings authorizing the issuance of the 2007 Refunded Bonds shall be deposited pursuant to the terms of the Escrow Deposit Agreement, and such proceeds shall be held irrevocably in trust in the escrow deposit trust fund under the terms and provisions of such Escrow Deposit Agreement; such moneys shall be invested at the time of deposit in Defeasance Obligations, which are not callable prior to maturity except by the holder thereof, the principal and interest of which shall be sufficient to pay the principal of, redemption premium, if any, and interest on the 2007 Refunded Bonds as the same mature and become due and payable or are redeemed prior to maturity, as provided in the Escrow Deposit Agreement. B. From the net proceeds of the Bonds, an amount equal to accrued interest and principal on the Refunded Notes shall be immediately paid to the registered owner of the Refunded Notes. C. There is hereby created and established in the Acquisition/Construction Fund created and established under the Original Resolution, a separate line item to be known as the "2015 Cost of Issuance Cost Center," into which shall be deposited an amount of the net proceeds of the Bonds sufficient to pay the costs of issuance of the Bonds. If, for any reason, any of the moneys allocated to the 2015 Cost of Issuance Cost Center, are not necessary for or are not applied to pay the costs of issuing the Bonds, then such surplus proceeds shall be deposited into the Acquisition/Construction Fund to be used to finance the 2015 Projects. D. The balance of the net proceeds derived from the sale of the Bonds shall be deposited into the Acquisition/Construction Fund created and established under the Original Resolution. If, for any reason, the moneys in the Acquisition/Construction Fund, or any part thereof, are not necessary for or are not applied to the purposes of the 2015 Projects, then such 14 Resolution No. R-13-15 surplus proceeds shall be deposited, upon certification of the City Manager, other than amounts allocated to the 2015 Cost of Issuance Cost Center, that such surplus proceeds are not needed for the purposes of the Acquisition/Construction Fund, in the following order: First, to the Interest Account, Principal Account or Bond Redemption Account in the amounts, if any, determined by subsequent proceedings of the Commission; and Second, the balance, if any, to be used by the City for any capital project of the City. The moneys deposited in the Acquisition/Construction Fund may, pending their use for the purposes provided in this Resolution, be temporarily invested in Permitted Investments maturing not later than the dates on which such moneys will be needed for the purposes of the Acquisition/Construction Fund. Subject to the provisions of the Code and the Tax Certificate, all the earnings and investment income from such investments shall remain in and become a part of said Acquisition/Construction Fund and be used for the purposes of the Acquisition/Construction Fund. Any moneys received by the City from the State or from Palm Beach County, Florida (the "County"), or from the United States of America or any agencies thereof for the purpose of financing any of the 2015 Projects, may be deposited in the Acquisition/Construction Fund and used in the same manner as other Bond proceeds are used therein; provided, however, that such moneys shall not be so deposited in the event and to the extent that the City has incurred debt in anticipation of the receipt of such moneys; and provided further, that separate accounts may be established in the Acquisition/Construction Fund for moneys received pursuant to the provisions of this paragraph whenever required by Federal or State or County regulations. 15 Resolution No. R-13-15 The proceeds of the sale of the Bonds (other than amounts deposited under the Escrow Deposit Agreement) shall be and constitute trust funds for the purposes hereinabove provided, and there is hereby created a lien upon such moneys, until so applied, in favor of the Holders of the Bonds. SECTION 9. BOOK-ENTRY SYSTEM A. As long as any of the Bonds are registered under the Book-Entry System, the City and the Registrar, as the case may be, shall comply with the terms of the agreements with the Securities Depository (collectively, the "Book-Entry Agreement") with respect to such Bonds. However, the Book-Entry System through the Securities Depository may be terminated upon the happening of any of the following: (1) The Securities Depository or the City, based upon advice from the Securities Depository, advise the Registrar that the Securities Depository is no longer willing or able to properly discharge its responsibilities under the Book-Entry Agreement and the Registrar and the City are unable to locate a qualified successor clearing agency satisfactory to the Registrar and the City; or (2) The City, in accordance with the procedures set forth in the Book- Entry Agreement elects to terminate the Book-Entry System by notice to the Securities Depository and the Registrar. B. Upon the occurrence of any event described in paragraph A above, (i) the City and the Registrar shall, if necessary, enter into a resolution supplemental to this Resolution to add to the provisions of this Resolution any provisions deemed reasonably necessary or required by the Registrar, with respect to Replacement Bonds (including, but not limited to, the 16 Resolution No. R-13-15 provision for the cost and expenses for the printing thereof) and to account for the fact that, thereafter, the Bonds will no longer be registered under the Book-Entry System, and (ii) the Registrar shall notify the Securities Depository of the occurrence of such event and of the availability of definitive or temporary Replacement Bonds to Beneficial Owners requesting the same, in an aggregate Outstanding amount representing the interest of each such Beneficial Owner, making such adjustments and allowances as it may find necessary or appropriate as to accrued interest and previous payments of principal. Definitive Replacement Bonds shall be issued only upon surrender to the Registrar of the Bond of each maturity by the Securities Depository, accompanied by registration instructions for the definitive Replacement Bonds for such maturity from the Securities Depository. Neither the City nor the Registrar shall be liable for any delay in delivery of such instructions and conclusively may rely on, and shall be protected in relying on, such instructions. C. Whenever the Bonds are registered under the Book-Entry System and notice or other communication to the Bondholders is required under this Resolution, unless and until definitive Replacement Bonds shall have been issued with respect to the Bonds, the City or the Registrar, as the case may be, shall give to the Securities Depository one copy of each such notice and communication specified herein or required by this Resolution to be given to the Beneficial Owners of the Bonds. SECTION 10. COVENANTS OF THE CITY. Except as provided herein, the Bonds authorized by this Resolution shall be deemed to have been issued pursuant to the Bond Resolution (to which this Resolution is supplemental) and all of the covenants and agreements contained in the Bond Resolution shall be deemed to have been made for the benefit of the 17 Resolution No. R-13-15 Owners of the Bonds issued pursuant to this Resolution, including but not limited to the pledge by the City of the Pledged Revenues. The Sinking Fund, the Principal Account, the Interest Account and the Bond Redemption Account therein, all created and established under the Original Resolution, shall be continued and maintained as provided in the Original Resolution as long as any of the Bonds, issued pursuant to the terms and provisions of the Bond Resolution and this Resolution, are Outstanding. Notwithstanding the foregoing, no Debt Service Reserve Account has been established with respect to the Bonds. SECTION 11. RULE 15C2-12 UNDERTAKING. In order to assist the initial purchasers of the Bonds with respect to compliance with the Rule, the City undertakes and agrees to provide the information described below to the persons so indicated. The City's undertaking and agreement set forth in this Section 11 shall be for the benefit of the registered owners and Beneficial Owners of the Bonds. A. The City undertakes and agrees to provide to the MSRB through EMMA and to the State of Florida information depository (herein, the "SID") if and when such a SID is created (i) the City's general purpose financial statements generally consistent with the financial statements presented as an appendix to the Official Statement relating to the Bonds, and (ii) the information concerning the Utilities Tax collections within the City with respect to the Communications Services Tax, and with respect to electricity, gas and fuel oil, the Utilities Tax rate or rates, exemptions from the Utilities Tax and amendments to any ordinances of the City regarding the Utilities Tax generally consistent with the information set forth in the Official Statement under the heading "UTILITIES TAXES." The information referred to in clauses (i) and (ii) above is herein collectively referred to as the"Annual Information." 18 Resolution No. R-13-15 B. The Annual Information described in paragraph A above in audited form (for as long as the City provides such financial information in audited form) is expected to be available on or before March 31 of each year for the Fiscal Year ending on the preceding September 30. The Annual Information referred to in paragraph A above in unaudited form (if the audited financial statements are not available or if the City no longer provides such financial information in audited form) will be available on or before March 31 for the Fiscal Year ending on the preceding September 30. The City also agrees to provide the Annual Information to each registered owner and Beneficial Owner of the Bonds who request such information and pays to the City its costs of reproduction and transmission of such Annual Information. The City agrees to provide to the MSRB through EMMA and the SID, if any, timely notice of its failure to provide the Annual Information. Such notice shall also indicate the reason for such failure and when the City reasonably expects such Annual Information will be available. C. The Annual Information referred to in paragraph A above and presented as an appendix to the Official Statement has been prepared in accordance with governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time, as such principles are modified by generally accepted accounting principles, promulgated by the Financial Accounting Standards Board, as in effect from time to time, and such other State mandated accounting principles as in effect from time to time. D. If, as authorized by paragraph F below, the City's undertaking with respect to paragraph C above requires amending, the City undertakes and agrees that the Annual Information described in paragraph A above for the Fiscal Year in which the amendment is made will, to the extent possible, present a comparison between the Annual Information prepared on the basis of the new accounting principles and the Annual Information prepared on the basis of 19 Resolution No. R-13-15 the accounting principles described in paragraph C above. The City agrees that such a comparison will, to the extent possible, include a qualitative discussion of the differences in the accounting principles and the impact of the change on the presentation of the Annual Information. E. The City agrees to provide or cause to be provided, in a timely manner not in excess of ten (10) business days after the occurrence of the event, to the MSRB, through EMMA, in EMMA Compliant Format and the SID, if any, notice of occurrence of any of the following applicable events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls, if material, and tender offers; 20 Resolution No. R-13-15 (9) defeasances; (10) release, substitution or sale of any property securing repayment of the Bonds, if material (the Bonds are secured solely by the Pledged Revenues); (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City (which is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City); (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the 21 Resolution No. R-13-15 termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of the trustee, if material. Notwithstanding the foregoing, notice of the events described in clauses (8) and (9) above need not be given any earlier than the time notice is required to be given to the registered owners of the Bonds. F. Notwithstanding any other provision of this Resolution to the contrary regarding amendments or supplements, the City undertakes and agrees to amend and/or supplement this Section 11 (including the amendments referred to in paragraph D. above) only if: (1) The amendment or supplement is made only in connection with a change in circumstances existing at the time the Bonds were originally issued that arises from (i) a change in law, (ii) SEC pronouncements or interpretations, (iii) a judicial decision affecting the Rule or (iv) a change in the nature of the City's operations; (2) The City's undertaking, as amended, would have complied with the requirements of the Rule at the time the Bonds were originally issued after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (3) The amendment or supplement does not materially impair the interests of the registered owners and Beneficial Owners of the 22 Resolution No. R-13-15 Bonds as determined by Bond Counsel or by a majority of the registered owners of the Bonds. In the event of an amendment or supplement under this Section 11, the City shall describe the same in the next report of Annual Information and shall include, as applicable, a narrative explanation of the reason for the amendment or supplement and its impact, if any, on the financial information being presented in the Annual Information. G. The City's undertaking as set forth in this Section 11 shall terminate if and when the Bonds are paid or deemed paid within the meaning of Section 4.E. of Article III of the Original Resolution. H. The City acknowledges that its undertaking pursuant to the Rule set forth in this Section 11 is intended to be for the benefit of the registered holders and Beneficial Owners of the Bonds and shall be enforceable by such holders and Beneficial Owners; provided that, the holder's and Beneficial Owners' right to enforce the provisions of this undertaking shall be limited to a right to obtain specific enforcement of the City's obligations hereunder, and any failure by the City to comply with the provisions of this undertaking shall not be or constitute a covenant or monetary default with respect to the Bonds under this Resolution. I. The City reserves the right to satisfy its obligations under this Section 11 through agents; and the City may appoint such agents without the necessity of amending this Resolution. The City may also appoint one or more employees of the City to monitor and be responsible for the City's undertaking hereunder. SECTION 12. AMENDMENTS TO ORIGINAL RESOLUTION. In addition to any definitional changes reflected in Section 1 hereof and notwithstanding any other provision in 23 Resolution No. R-13-15 the Bond Resolution to the contrary, the following text shall be deleted from Section 4.D.3. of Article III of the Original Resolution: Such municipal bond insurer or bank in the case of a letter of credit or line of credit shall be one whose municipal bond insurance policies or unconditional direct pay letters of credit or other type of credit enhancement insuring or guaranteeing the payment, when due, of the principal of and interest on municipal bond issues results in such issues being rated in the highest rating category by any Rating Agency or Agencies then rating the Bonds, and in the case the provider of such Reserve Account Credit Facility Substitute is an insurer, such insurer holds the highest policyholder rating accorded insurers by the Rating Agency or Agencies then rating the Bonds and by A.M. Best & Company, or any comparable service. In place of such deleted text, the following text shall be added: Such municipal bond insurer or bank, in the case of a letter of credit or line of credit, shall be one whose municipal bond insurance policies or unconditional direct pay letters of credit or other type of credit enhancement insuring or guaranteeing the payment when due of the principal of and interest on municipal bond issues results in such issues being rated in one of the three (3) highest ratings the Rating Agency or Rating Agencies will rate municipal bonds as a result of such Bond Insurance Policy or other Credit Facility. Notwithstanding the foregoing, the City shall have no obligation to replace any Reserve Account Credit Facility Substitute if the provider's initial ratings are reduced or withdrawn. The foregoing amendment shall automatically become effective when the Bonds issued hereunder represent more than two thirds (2/3) of the total senior debt issued under the Bond Resolution. SECTION 13. ESCROW AGENT. The City hereby appoints U.S. Bank National Association, as escrow agent (the "Escrow Agent") under the Escrow Deposit Agreement (as herein defined). SECTION 14. ESCROW DEPOSIT AGREEMENT. The form, terms and provisions of the Escrow Deposit Agreement, attached hereto as Exhibit E, between the City and 24 Resolution No. R-13-15 the Escrow Agent (the "Escrow Deposit Agreement"), as submitted to this meeting, be and the same are hereby approved and accepted. The Mayor or, in the absence of the Mayor, the Vice Mayor, is hereby authorized and directed to execute and deliver the Escrow Deposit Agreement in substantially the form submitted to this meeting, with such changes, insertions and deletions thereto as are necessary or desirable for carrying out the purposes thereof as may be approved by the Mayor or, in the absence of the Mayor, the Vice Mayor, upon advice of the City Attorney and Bond Counsel, the execution of said Escrow Deposit Agreement being conclusive evidence of such approval. The City Clerk is hereby authorized and directed to affix the seal of the City and attest to the same, if so required by the terms thereof. SECTION 15. PAYING AGENT AND REGISTRAR. U.S. Bank National Association is hereby appointed as paying agent (the "Paying Agent") and registrar (the "Registrar")for the Bonds. SECTION 16. REGISTRARMAYING AGENT AGREEMENT. The form, terms and provisions of the Registrar/Paying Agent Agreement, attached hereto as Appendix F, between the City and the Bond Registrar and Paying Agent, as submitted to this meeting, be and the same are hereby approved and accepted. The Mayor, the Vice Mayor, Chief Financial Officer or the City Manager are each hereby authorized and directed to execute and deliver the Registrar/Paying Agent Agreement in substantially the form submitted to this meeting, with such changes, insertions and deletions thereto as are necessary or desirable for carrying out the purposes thereof as may be approved by the City, upon advice of the City Attorney and Bond Counsel, the execution of said Registrar/Paying Agent Agreement being conclusive evidence of such approval. The City Clerk is hereby authorized and directed to affix the seal of the City and attest to the same, if so required by the terms thereof. 25 Resolution No. R-13-15 SECTION 17. MODIFICATION OR AMENDMENT. Except as otherwise provided in Section 11 of this Resolution regarding amendments to the City's undertaking, no material modification or amendment of this Resolution or of any resolution amendatory thereof or supplemental thereto, may be made without the consent in writing of the Owners of two-thirds or more in principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity of such Bonds or a reduction in the rate of interest thereon, or affecting the unconditional promise of the City to pay the interest of and principal on the Bonds, as the same mature or become due, from the Pledged Revenues, or reduce such percentage of Owners of such Bonds required above for such modification or amendments, without the consent of the Owners of all the Bonds. In addition to the provisions of Section 11 of this Resolution regarding amendments to the City's undertaking, this Resolution may be amended, changed, modified and altered without the consent of the Owners of Bonds, (i) to cure any ambiguity, correct or supplement any provision contained herein which may be defective or inconsistent with any other provisions contained herein, (ii)to provide other changes which will not adversely affect the interest of such Owners, (iii) to maintain the exclusion of interest on the Bonds from gross income for federal income tax purposes, (iv) to secure or maintain a rating on the Bonds, or (v) to implement or discontinue a Book-Entry System. SECTION 18. PURCHASE OF BONDS. The City may at any time purchase any of the Bonds at prices not greater than the par amount and accrued interest to the date of purchase. If the City shall purchase any Term Bonds in excess of the mandatory redemption requirement for such year such excess of Term Bonds so purchased shall at the option of the City either be 26 Resolution No. R-13-15 credited on a pro-rata basis over the remaining mandatory redemption installment dates for such Term Bonds or credited against the following year's installment requirement. SECTION 19. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution or of the Bonds. SECTION 20. FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR ACTS. That the Mayor, the Vice Mayor, the City Manager, the Chief Financial Officer, the Treasurer, the City Clerk, the City Attorney and any other authorized official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and instruments, including, but not limited to, any paying agent and registrar agreement, and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution. All actions heretofore taken and documents prepared or executed by or on behalf of the City by any of its authorized officers in connection with the transactions contemplated hereby, are hereby ratified, confirmed, approved and adopted. SECTION 21. REPEALER. That all resolutions or proceedings, or parts thereof, in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. SECTION 22. EFFECTIVE DATE. That this Resolution shall take effect immediately upon its passage. 27 Resolution No. R-13-15 PASSED AND ADOPTED in regular session on this the 24m day of February, 2015. CITY OF DELRAY BEACH, FLORIDA By: Mayor Attest: Date of Adoption: February 24, 2015 CITY CLERK By: Name: Title: The foregoing Resolution is hereby approved by me as to form, language and execution this 24m day of February, 2015. By: City Attorney 28 Resolution No. R-13-15 CITY OF DELRAY BEACH, FLORIDA UTILITIES TAX REVENUE REFUNDING AND IMPROVEMENT BONDS, SERIES 2015 LIST OF EXHIBITS TO RESOLUTION NO. R- -15 Exhibit A 2015 Projects Exhibit B Draft of Summary Notice of Sale Exhibit C Draft of Preliminary Official Statement Exhibit D Draft of Official Notice of Sale Exhibit E Draft of Escrow Deposit Agreement Exhibit F Draft Registrar/Paying Agent Agreement Resolution No. R-13-15 EXHIBIT "A" 2015 Projects Build a new Fire Station #3 in the same vicinity of the existing Fire Station #3. Estimated cost is $6,000,000, which includes land and vertical construction; and Beach Amenities Remodeling including showers and benches, widening of sidewalks, landscaping and lighting. This work is estimated to cost$3,000,000; and Any other municipal capital project in addition to or in replacement of any of the foregoing. Resolution No. R-13-15 EXHIBIT `B" Draft of Summary Notice of Sale Resolution No. R-13-15 EXHIBIT "C" Draft Preliminary Official Statement Resolution No. R-13-15 EXHIBIT "D" Draft of Official Notice of Sale Resolution No. R-13-15 EXHIBIT "E" Draft of Escrow Deposit Agreement Resolution No. R-13-15 EXHIBIT "F" Draft Registrar/Paying Agent Agreement W P B/383393370v9/016787.012500 Resolution No. R-13-15 SUMMARY NOTICE OF SALE City of Delray Beach, Florida Utilities Tax Revenue Refunding and Improvement Bonds Series 2015 Bids for the above captioned bonds will be received by the City of Delray Beach, Florida, (the "City") via Parity until 11:00 A.M. (the "Submittal Deadline"), Eastern time , 2015 or on such other date as may be established by the City Manager or Chief Financial Officer of the City or their respective designee no less than ten (10) days after the date of publication of this notice and communicated by Thomson Municipal Market Monitor not less than twenty (20) hours prior to the time bids are received (the "Bid Date"). Such bids are to be opened in public as soon as practical after the Submittal Deadline on said day for the purchase of City of Delray Beach, Florida Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 (the "Series 2015 Bonds"). The Series 2015 Bonds will mature as specified in the Official Notice of Bond Sale. Proceeds of the Series 2015 Bonds shall be used for the purpose of (i) paying and defeasing certain outstanding revenue bonds of the City, (ii) financing certain capital projects, and (iii) paying the costs of issuing the Series 2015 Bonds. The approving opinion of Greenberg Traurig, P.A., West Palm Beach, Florida, Bond Counsel, will be furnished to the successful bidder at the expense of the City. Electronic copies of the Preliminary Official Statement and the Official Notice of Bond Sale relating to the Series 2015 Bonds may be obtained at the website address www.idealprospectus.com. City of Delray Beach, Florida Jack Warner Chief Financial Officer Dated: , 2015 W P B/383397069v2/016787.012500 .Preliminary, subject to change. CITY OF DELRAY BEACH, FLORIDA and U.S. BANK NATIONAL ASSOCIATION, as Escrow Agent ESCROW DEPOSIT AGREEMENT relating to Utilities Tax Revenue Bonds, Series 2007 DATED AS OF 1, 2015 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS; FINDINGS AND DETERMINATIONS BY THE CITY............... 3 Section1.01. Definitions......................................................................................................3 ARTICLE II ESTABLISHMENT OF TRUST FUND; FLOW OF FUNDS................................. 4 Section 2.01. Creation of Escrow Deposit Trust Fund ........................................................4 Section 2.02. Deposit of Moneys and Payment of Refunded Bonds...................................4 Section 2.03. Irrevocable Trust Created ..............................................................................4 Section 2.04. Purchase of U.S. Obligations.........................................................................4 Section 2.05. Failure to Deliver Initial U.S. Obligations.....................................................4 Section 2.06. Transfers from Trust Fund.............................................................................5 Section 2.07. Investment of Moneys remaining in Trust Fund............................................5 Section2.08. Trust Fund......................................................................................................6 Section 2.09. Transfer of Funds after all Payments Required by this Agreement are Made ..............................................................................................................6 ARTICLE III CONCERNING THE ESCROW AGENT .............................................................. 6 Section 3.01. Appointment of Escrow Agent......................................................................6 Section 3.02. Acceptance by Escrow Agent........................................................................6 Section 3.03. Liability of Escrow Agent..............................................................................6 Section 3.04. Permitted Acts................................................................................................8 Section 3.05. Successor Escrow Agent................................................................................8 Section 3.06. Receipt of Proceedings ..................................................................................9 Section 3.07. Payment to Escrow Agent and Paying Agent................................................9 Section 3.08. Notices of Redemption and Defeasance......................................................10 ARTICLE IV MISCELLANEOUS.............................................................................................. 10 Section 4.01. Amendments to this Agreement...................................................................10 Section4.02. Severability..................................................................................................12 Section 4.03. Agreement Binding......................................................................................12 Section4.04. Termination..................................................................................................12 Section 4.05. Governing Law............................................................................................12 Section 4.06. Execution by Counterparts...........................................................................12 Section4.07. Notices .........................................................................................................12 i THIS ESCROW DEPOSIT AGREEMENT, made and entered into as of 1, 2015, by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida, and its successors and assigns (the "City"), and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States with a corporate trust office in Jacksonville, Florida, as escrow agent hereunder, and its successors and assigns (the "Escrow Agent"): WITNESSETH: WHEREAS, any term not defined in the following recitals shall have the meaning ascribed to such term in Article I hereof, and. WHEREAS, the City Commission of the City of Delray Beach, Florida (the "Commission") did, on December 3, 1991, adopt Resolution No. R-98-91, as amended and supplemented by Resolution No. R-90-02 adopted by the Commission on December 3, 2002, as further amended and supplemented by Resolution No. R-21-07 adopted by the Commission on August 21, 2007 (collectively, the "Prior Resolution")whereby pursuant to such Prior Resolution the City issued its Utilities Tax Revenue Bonds, Series 2007 (the "Prior Bonds"); and WHEREAS, the Commission did, on February 24, 2015 adopt Resolution No. R- -15 (the "Bond Resolution"), for the purpose of authorizing a series of Bonds entitled "City of Delray Beach, Florida Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 (the "Series 2015 Bonds"), in the initial aggregate principal amount of not exceeding $ ; and WHEREAS, the Commission has determined it to be in its best interest to issue the Series 2015 Bonds in an initial aggregate principal amount of $ for the purpose, among others, of paying and defeasing certain maturities of the Prior Bonds identified on Schedule A attached hereto (such Prior Bonds so identified are herein referred to as the "Refunded Bonds"), pursuant to the terms of the Prior Resolution, the Bond Resolution and this Agreement; and WHEREAS, the Prior Resolution provides that, among other things, all Refunded Bonds shall, prior to the maturity or redemption date thereof, be deemed to have been paid within the meaning of such resolution if there is deposited moneys or U.S. Obligations (as such term is defined in the Prior Resolution), the principal of and the interest on which when due will provide moneys which, together with any other moneys deposited with the Escrow Agent, shall be sufficient to pay such Refunded Bonds and the interest thereon on or prior to the redemption date or maturity date thereof, and WHEREAS, the Commission has determined it to be in the best economic interest of the City to pay and defease the Refunded Bonds as more particularly described on Schedule A attached hereto, all in accordance with the terms and provisions of the Prior Resolution, the Bond Resolution and this Agreement; and WHEREAS, the City has determined to provide for the payment of the Refunded Bonds by depositing a portion of the proceeds from the Series 2015 Bonds and other legally available moneys of the City, which shall be used in part to purchase U.S. Obligations, which U.S. Obligations and beginning cash balance shall be sufficient, as verified by The Arbitrage Group, Inc. in a letter dated , 2015, to pay the principal and interest on the Refunded Bonds, as the same becomes due and payable from the date of this Agreement, and to pay the outstanding principal amounts of the then outstanding Refunded Bonds on such dates, together with interest thereon, which are subject to optional redemption pursuant to the Prior Resolution; and WHEREAS, in order to provide for the proper and timely application of the moneys deposited in the trust created herein, the maturing principal amount of the U.S. Obligations purchased thereby, and investment income and earnings derived therefrom to the payment of the Refunded Bonds, it is necessary for the City to enter into this Escrow Deposit Agreement with the Escrow Agent on behalf of the holders from time to time of the Refunded Bonds. NOW, THEREFORE, the City, in consideration of the foregoing and the mutual covenants herein set forth and in order to secure the payment of the principal of and interest on all of the Refunded Bonds, according to their tenor and effect, does by these presents hereby grant, warrant, demise, release, convey, assign, transfer, alienate, pledge, set over and confirm, unto the Escrow Agent, and to its successors in the trusts hereby created, and to it and its assigns forever, all and singular the property hereinafter described to wit: DIVISION I All right, title and interest of the City in and to $ derived from the proceeds of the sale of the Series 2015 Bonds and [$ ] made available as a result of the defeasance of the Refunded Bonds (herein, the"Transferred Money"). DIVISION II All right, title and interest of the City in and to all income, earnings and increment derived from or accruing to the U.S. Obligations purchased from the money (except for certain uninvested cash balances) described in Division I hereof and more particularly described in Schedule B attached hereto and made a part hereof. DIVISION III Any and all other property of every kind and nature from time to time hereafter, by delivery or by writing of any kind, conveyed, pledged, assigned or transferred as and for additional security hereunder by the City or by anyone in its behalf to the Escrow Agent, which is hereby authorized to receive the same at any time as additional security hereunder. DIVISION IV All property which is by the express provisions of this Agreement required to be subject to the pledge hereof and any additional property that may, from time to time hereafter, by delivery or by writing of any kind, be subject to the pledge hereof, by the City or by anyone in its behalf, and the Escrow Agent is hereby authorized to receive the same at any time as additional security hereunder. 2 TO HAVE AND TO HOLD, all and singular, the Trust Estate (as such term is hereinafter defined), including all additional property which by the terms hereof has or may become subject to the encumbrances of this Agreement, unto the Escrow Agent, and its successors and assigns, forever in trust, however, for the benefit and security of the holders from time to time of the Refunded Bonds; but if the Refunded Bonds shall be fully and promptly paid when due in accordance with the terms thereof and hereof and all other obligations are performed hereunder, then this Agreement shall be and become void and of no further force and effect; otherwise, the same shall remain in full force and effect, and upon the trusts and subject to the covenants and conditions hereinafter set forth. ARTICLE I DEFINITIONS; FINDINGS AND DETERMINATIONS BY THE CITY Section 1.01. Definitions. In addition to words and terms elsewhere defined in this Agreement, the following words and terms as used in this Agreement shall have the following meanings, unless some other meaning is plainly intended. "Act" shall have the meaning ascribed to such term in the Prior Resolution. "Agreement" shall mean this Escrow Deposit Agreement, dated as of 1, 2015, between the City and the Escrow Agent. "Annual Debt Service" shall mean, as to the Refunded Bonds, principal paid, principal called and interest coming due in each year, as shown on Schedule C attached hereto and hereby made a part hereof. "Paying Agent for the Refunded Bonds" shall mean the entity identified as such in Section 3.07 hereof. "Total Debt Service" shall mean, as of any date during the period from the date of this Agreement until June 1, 2017, the sum of the Annual Debt Service then remaining unpaid with respect to the Refunded Bonds, all as shown on Schedule C attached hereto and hereby made a part hereof. "Trust Estate," "trust estate" or "pledged property" shall mean `the property, rights and interest of the City which are subject to the lien of this Agreement. "U.S. Obligations" shall mean non-callable, non-prepayable, direct obligations of, or non-callable, non-prepayable obligations the principal of and interest on which are fully and unconditionally guaranteed by, the United States of America, constituting part of the Trust Estate. The initial U.S. Obligations are described in Schedule B attached hereto. U.S. Obligations shall not include investments in mutual funds or unit investment trusts. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise indicate. The word "person" shall include corporations, associations, natural persons and public bodies unless the context 3 shall otherwise indicate. Reference to a person other than a natural person shall include its successors. ARTICLE II ESTABLISHMENT OF TRUST FUND; FLOW OF FUNDS Section 2.01. Creation of Escrow Deposit Trust Fund. There is hereby created and established with the Escrow Agent a special and irrevocable trust fund designated the Escrow Deposit Trust Fund (the "Trust Fund"), to be held in the custody of the Escrow Agent and accounted for separate and apart from other funds of the City or of the Escrow Agent. Section 2.02. Deposit of Moneys and Payment of Refunded Bonds. Concurrently with the execution of this Agreement, the City herewith deposits or causes to be deposited with the Escrow Agent into the Trust Fund, and the Escrow Agent acknowledges receipt of $ derived from a portion of the proceeds of the Series 2015 Bonds [and the Transferred Moneys] to be used in part to purchase the U.S. Obligations, as described on Schedule B in the maturing principal amount of$ and the balance of such deposit in the amount of$ shall be held as immediately available moneys. The City represents that the purchase of the U.S. Obligations and cash being derived from a portion of the proceeds of the Series 2015 Bonds and the Transferred Moneys deposited into the Trust Fund will, according to the opinion of The Arbitrage Group, Inc. set forth in its letter dated , 2015, provide moneys sufficient to pay the Total Debt Service on the Refunded Bonds. Money representing beginning cash balances and any other moneys not directed to be invested hereunder shall remain uninvested until applied in accordance with the terms hereof. Section 2.03. Irrevocable Trust Created. The deposit of the cash and U.S. Obligations in the Trust Fund shall constitute an irrevocable deposit of said cash and U.S. Obligations for the benefit of the holders of the Refunded Bonds, except as provided herein with respect to substitutions permitted under Section 2.05 hereof, and amendments permitted under Section 4.01 hereof. The holders of the Refunded Bonds shall have a lien on the principal of and earnings on the U.S. Obligations and the cash deposited in the Trust Fund until applied in accordance with this Agreement and the applicable terms and provisions of the Prior Resolution. Section 2.04. Purchase of U.S. Obligations. The City hereby directs the Escrow Agent to immediately purchase and the Escrow Agent hereby acknowledges the purchase of the U.S. Obligations listed on Schedule B from the moneys transferred to the Escrow Agent from the City in the manner described in Section 2.02 hereof. The Escrow Agent shall apply the moneys deposited in the Trust Fund and the aforementioned U.S. Obligations, together with all income or earnings thereon, if any, in accordance with the provisions hereof and the Prior Resolution. The Escrow Agent shall have no power or duty to invest or reinvest any moneys held hereunder or to make substitutions of the U.S. Obligations held hereunder or to sell, transfer or otherwise dispose of the U.S. Obligations acquired hereunder except as provided in this Agreement. Section 2.05. Failure to Deliver Initial U.S. Obligations. In the event that there is a failure, for any reason, of the delivery of any of the U.S. Obligations, as set forth in Schedule B (the "Initial U.S. Obligations") hereto, at the time of delivery of the Series 2015 Bonds, the Escrow Agent is hereby authorized to accept other U.S. Obligations (the "Substitute Securities") 4 and/or cash in substitution for the Initial U.S. Obligations. Such substitution is subject to receipt by the City and the Escrow Agent of an independent verification by a nationally recognized certified public accounting firm acceptable to Greenberg Traurig, P.A. that the Substitute Securities and/or cash, together with any other U.S. Obligations and cash on deposit with the Escrow Agent, will be sufficient, without reinvestment (except as directed hereunder), to meet the requirements for payment of Annual Debt Service and Total Debt Service on the Refunded Bonds in accordance with the terms of this Agreement and the applicable provisions of the Prior Resolution. At any time prior to maturity of the Substitute Securities and/or cash, the City shall have the ability in writing to direct the Escrow Agent to exchange any of the Substitute Securities and/or cash delivered for all or any part of the Initial U.S. Obligations. However, such exchange will be subject to the receipt by the City and the Escrow Agent of an independent verification by a nationally recognized independent certified public accounting firm acceptable to Greenberg Traurig, P.A. to the effect that the substitution of the Substitute Securities and/or cash for the Initial U.S. Obligations will be sufficient, without reinvestment (except as directed hereunder), to meet the requirements for payments of Annual Debt Service and Total Debt Service on the Refunded Bonds in accordance with the terms of this Agreement and the applicable provisions of the Prior Resolution. Further, such independent verification report must indicate that the return of monies (generated by such Substitute Securities), in excess of the monies that would have been received on the Initial U.S. Obligations, to the City are not needed to pay Annual Debt Service on the Refunded Bonds when due in accordance with this Agreement and the applicable provisions of the Prior Resolution. In addition, such return of the Substitute Securities and/or cash and any excess monies will not, as evidenced by an opinion from Greenberg Traurig, P.A. to the effect that, under the statutes, rules and regulations then in force and applicable to obligations issued on the dates of issuance of the Refunded Bonds and under the Internal Revenue Code of 1986, as amended (the "Code"), cause the interest on the Refunded Bonds not to be excluded from gross income for federal income tax purposes and such investment is not inconsistent with the statutes and regulations applicable to the Refunded Bonds. Section 2.06. Transfers from Trust Fund. As the principal of the U.S. Obligations listed in Schedule B matures and is paid, and the investment income and earnings thereon, if any, are paid, the Escrow Agent shall, no later than each interest payment date and principal payment date for the Refunded Bonds transfer from the Trust Fund, in accordance with the schedule of payments described in Schedule C attached hereto, to the Paying Agent for the Refunded Bonds an amount sufficient to pay Annual Debt Service on the Refunded Bonds coming due on such interest payment date or principal payment date. The Escrow Agent shall have no responsibility for an insufficiency of such amounts to pay Total Debt Service, provided the Escrow Agent performs in accordance with the provisions hereof. Section 2.07. Investment of Moneys remaining in Trust Fund. Subject to the requirements of this Section 2.07, the Escrow Agent shall, as directed in writing by the City, invest and reinvest any moneys remaining from time to time in the Trust Fund, until such time as they are needed. Such moneys shall be reinvested in direct obligations of, or obligations fully guaranteed by, the United States of America for such periods or at such interest rates or yields that the Escrow Agent shall be directed in writing to invest by the City, which securities or periods or interest rates or yields shall be set forth in an opinion to the City from Greenberg Traurig, P.A., which opinion shall also be to the effect that such reinvestment of such moneys 5 will not, under the statutes, rules and regulations then in force and applicable to obligations issued on the dates of issuance of the Refunded Bonds and under the Code, cause the interest on the Refunded Bonds not to be excluded from gross income for federal income tax purposes and that such investment is not inconsistent with the statutes and regulations applicable to Refunded Bonds. Such reinvestment of moneys is subject to receipt by the City and the Escrow Agent of an independent verification by a nationally recognized independent certified public accounting firm acceptable to Greenberg Traurig, P.A. Any interest income resulting from reinvestment of moneys, pursuant to this Section 2.07 shall be transferred as directed in writing to the City and used for any purpose permitted under the Prior Resolution, if such verification report indicates that such interest income is not needed for the purposes contemplated by this Agreement, provided that the Escrow Agent shall have no responsibility for the proper use by the City of money transferred to the City by the Escrow Agent. Section 2.08. Trust Fund. The Trust Fund created and established pursuant to this Agreement shall be and constitute a trust fund for the purposes provided in this Agreement and shall be kept separate and distinct from all other funds of the City and the Escrow Agent and used only for the purposes and in the manner provided in this Agreement. Section 2.09. Transfer of Funds after all Payments Required by this Agreement are Made. After all of the transfers by the Escrow Agent to the Paying Agent for the Refunded Bonds for the payment of the Total Debt Service on the Refunded Bonds have been made, all remaining moneys and U.S. Obligations, together with any income and interest thereon, in the Trust Fund shall be transferred to the City by the Escrow Agent; provided, however, that no such transfer (except transfers made in accordance with Sections 2.05, 2.07 and 4.01 hereof) to the City shall be made until the Total Debt Service on the Refunded Bonds has been paid. ARTICLE III CONCERNING THE ESCROW AGENT Section 3.01. Appointment of Escrow Agent. The City hereby appoints U.S. Bank National Association, having a corporate trust office in Jacksonville, Florida, as Escrow Agent under this Agreement. Section 3.02. Acceptance by Escrow Agent. By execution of this Agreement, the Escrow Agent accepts the duties and obligations as Escrow Agent hereunder. The Escrow Agent further represents that it has all requisite power, and has taken all corporate actions necessary, to execute the trust hereby created. Section 3.03. Liability of Escrow Agent. The Escrow Agent shall not be liable in connection with the performance of its duties hereunder except for its own negligence or willful misconduct. The Escrow Agent shall not be liable for any loss resulting from any investment made pursuant to the terms and provisions of this Agreement. The Escrow Agent shall have no lien, security interest or right of set-off whatsoever upon any of the moneys or investments in the Trust Fund for the payment of fees and expenses for services rendered by the Escrow Agent under this Agreement. 6 As long as the Escrow Agent applies (by transfer to the Paying Agent for the Refunded Bonds) any moneys, the U.S. Obligations and the interest earnings, if any, therefrom to pay the Refunded Bonds, as provided herein, and complies fully with the terms of this Agreement, the Escrow Agent shall not be liable for any deficiencies in the amounts necessary to pay the Refunded Bonds. Further, the Escrow Agent shall not be liable for the accuracy of the calculations as to the sufficiency of moneys and of the principal amount of the U.S. Obligations, and the earnings, if any, thereon, to pay the Refunded Bonds. In the event of the Escrow Agent's failure to account for any of the U.S. Obligations or moneys received by it, said U.S. Obligations or moneys shall be and remain the property of the City in trust for the holders of the Refunded Bonds, as herein provided, and if for any improper reason such U.S. Obligations or moneys are not applied as herein provided, the Escrow Agent shall be liable for the amount thereof until the required application shall be made. Whenever the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering or omitting any action under this Agreement, such matter may be deemed to be conclusively established by a certificate signed by an authorized officer of the City. The Escrow Agent may conclusively rely, as to the correctness of statements, conclusions and opinions therein, upon any certificate, report, opinion or other document furnished to the Escrow Agent pursuant to any provision of this Agreement; the Escrow Agent shall be protected and shall not be liable for acting or proceeding, in good faith, upon such reliance; and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Escrow Agent may consult with counsel, who may be counsel to the City or independent counsel, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance herewith. Prior to retaining such independent counsel, the Escrow Agent shall notify the City of its intention. The Escrow Agent and its successors, agents and servants shall not be held to any personal liability whatsoever, in tort, contract or otherwise, by reason of the execution and delivery of this Agreement, the establishment of the Trust Fund, the acceptance and disposition of the various moneys and funds described herein, the purchase, retention or disposition of the U.S. Obligations or the proceeds thereof, any payment, transfer or other application of funds or securities by the Escrow Agent in accordance with the provisions of this Agreement, or any non-negligent act, omission or error of the Escrow Agent made in good faith in the conduct of its duties. The Escrow Agent shall, however, be liable to the City and to holders of the Refunded Bonds to the extent of their respective damages for negligent or willful acts, omissions or errors of the Escrow Agent which violate or fail to comply with the terms of this Agreement. Notwithstanding any provision herein to the contrary, in no event shall the Escrow Agent be liable for special, indirect or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), even if the Escrow Agent has been advised of the likelihood of such loss or damage and regardless of the form of action. The duties and obligations of the Escrow Agent shall be determined solely by the express provisions of this Agreement and no implied covenants or obligations shall be read into this Agreement against the Escrow Agent. 7 Any payment obligation of the Escrow Agent hereunder shall be paid from, and is limited to funds available, established and maintained under this Agreement, and the Escrow Agent shall not be required to expend its own funds for the performance of its duties hereunder. The Escrow Agent may act through its agents and attorneys. The Escrow Agent shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fire; flood; hurricanes or other storms; wars; terrorism; similar military disturbances; sabotage; epidemic; pandemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or governmental action; it being understood that the Escrow Agent shall use commercially reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as reasonably practicable under the circumstances. Section 3.04. Permitted Acts. The Escrow Agent and its affiliates may become the owner of or may deal in the Refunded Bonds as fully and with the same rights as if it were not the Escrow Agent. Section 3.05. Successor Escrow Agent. The Escrow Agent, at the time acting hereunder, may at any time resign and be discharged from the trusts hereby created by giving not less than sixty (60) days' written notice to the City, the Paying Agent for the Refunded Bonds and any rating agency which is then rating the Refunded Bonds, but no such resignation shall take effect unless a successor Escrow Agent shall have been appointed by the holders of the Refunded Bonds or by the City as hereinafter provided and such successor Escrow Agent shall have accepted such appointment, in which event such resignation shall take effect immediately upon the appointment and acceptance of a successor Escrow Agent. The Escrow Agent may be removed at any time by an instrument or concurrent instruments in writing, delivered to the Escrow Agent, and to the City, and signed by the holders of a majority in principal amount of each series of the Refunded Bonds then outstanding. In the event the Escrow Agent hereunder shall resign or be removed, or be dissolved, or shall be in the course of dissolution or liquidation, or otherwise become incapable of acting hereunder, or in case the Escrow Agent shall be taken under the control of any public officer or officers, or of a receiver appointed by a court, a successor may be appointed by the holders of a majority in principal amount of each series of the Refunded Bonds then outstanding by an instrument or concurrent instruments in writing, signed by such holders, or by their attorneys in fact, duly authorized in writing; provided, nevertheless, that in any such event, the City shall appoint a temporary Escrow Agent to fill such vacancy until a successor Escrow Agent shall be appointed by the holders of a majority in principal amount of the Refunded Bonds then outstanding in the manner above provided, and any such temporary Escrow Agent so appointed by the City shall immediately and without further act be superseded by the Escrow Agent so appointed by such holders. The City shall promptly notify the Escrow Agent of any change in the identity of the Paying Agent for the Refunded Bonds. In the event that no appointment of a successor Escrow Agent or a temporary successor Escrow Agent shall have been made by such holders or the City pursuant to the foregoing 8 provisions of this Section within sixty (60) days after written notice of resignation of the Escrow Agent has been given to the City, the holder of any of the Refunded Bonds or any retiring Escrow Agent may apply to any court of competent jurisdiction for the appointment of a successor Escrow Agent and such court may thereupon, after such notice, if any, as it shall deem proper, appoint such successor Escrow Agent. No successor Escrow Agent shall be appointed unless such successor Escrow Agent shall be a corporation with trust powers organized under the banking laws of the United States or any state, and shall have at the time of appointment capital and surplus of not less than $50,000,000 or is a member of a bank group or bank holding company with aggregate capital and surplus of not less than $50,000,000. Every successor Escrow Agent appointed hereunder shall execute, acknowledge and deliver to its predecessor, and to the City, an instrument in writing accepting such appointment hereunder and thereupon such successor Escrow Agent, without any further act, deed or conveyance, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessor; but such predecessor shall, nevertheless, on the written request of such successor Escrow Agent or the City, execute and deliver an instrument transferring to such successor Escrow Agent all the estates, properties, rights, powers and trusts of such predecessor hereunder; and every predecessor Escrow Agent shall deliver all securities and moneys held by it to its successor; provided, however, that before any such delivery is required to be made, all fees, advances and expenses of the retiring or removed Escrow Agent shall be paid in full. Should any transfer, assignment or instrument in writing from the City be required by any successor Escrow Agent for more fully and certainly vesting in such successor Escrow Agent the estates, rights, powers and duties hereby vested or intended to be vested in the predecessor Escrow Agent, any such transfer, assignment and instruments in writing shall, on request, be executed, acknowledged and delivered by the City. Any corporation into which the Escrow Agent, or any successor to it in the trusts created by this Agreement, may be merged or converted, or to which substantially all of its corporate trust assets have been sold or assigned, or with which it or any successor to it may be consolidated, or any corporation resulting from any merger, conversion, consolidation or reorganization to which the Escrow Agent or any successor to it shall be a party, shall be the successor Escrow Agent under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. Section 3.06. Receipt of Proceedings. Receipt of true and correct copies of the proceedings authorizing the issuance of the Refunded Bonds, including the Prior Resolution, are hereby acknowledged by the Escrow Agent, and reference herein to or citation herein of any provision of said documents shall be deemed to incorporate the same as a part hereof in the same manner and with the same effect as if they were fully set forth herein. Section 3.07. Payment to Escrow Agent and Paving Agent. The City hereby agrees to provide for the payment, from its own legally available funds, the costs, charges, services and expenses of the Escrow Agent incurred in connection with its duties under this Agreement. The Escrow Agent hereby acknowledges that it has agreed to accept, and the City agrees to pay, on 9 the date of execution of this Agreement, the compensation under this Agreement, as shown on the attached Exhibit C, plus reasonable expenses. If the Escrow Agent is required by a governmental agency or court proceeding initiated by a third party to undertake efforts beyond that which is set forth herein but related thereto (other than due to the Escrow Agent's negligence or willful misconduct), the Escrow Agent shall notify the City of the same in writing and the City shall promptly pay the Escrow Agent for such extraordinary fees, costs and expenses reasonably and necessarily incurred in connection therewith. The City hereby agrees to pay the fees and expenses of the Paying Agent referred to below and any publication costs borne by such Paying Agent for the Refunded Bonds or by the Escrow Agent from the City's own legally available moneys. The Paying Agent for the Refunded Bonds is TD Bank, N.A., having a representative office in , Florida. Section 3.08. Notices of Redemption and Defeasance. The City hereby irrevocably instructs the Escrow Agent to file a copy of the notice of redemption with the Paying Agent for the Refunded Bonds not less than forty (40) days prior to June 1, 2017, with instructions to such Paying Agent to mail such notice of optional redemption to the registered owners of the Refunded Bonds, not less than thirty (30) days prior to June 1, 2017. Such notice of redemption, with respect to the callable Refunded Bonds shall be in substantially the form attached hereto as Exhibit A. The cost of mailings shall be borne by the City. The City hereby instructs the Escrow Agent to publish the Notice of Defeasance, set forth on Exhibit B attached hereto, and then file the same with the Paying Agent for the Refunded Bonds, all in accordance with the instructions set forth thereon. The cost of such filings and publication shall be borne by the City. ARTICLE IV MISCELLANEOUS Section 4.01. Amendments to this Agreement. This Agreement is made for the benefit of the City and the holders from time to time of the Refunded Bonds and it shall not be repealed, revoked, altered or amended in whole or in part without the written consent of all affected holders, the Escrow Agent and the City if such amendment adversely affects its rights; provided, however, that the City and the Escrow Agent may, without the consent of, or notice to, such holders, enter into such agreements supplemental to this Agreement as shall not adversely affect the rights of such holders and as shall not be inconsistent with the terms and provisions of this Agreement, for any one or more of the following purposes: (a) to cure any ambiguity or formal defect or omission in this Agreement; (b) to grant to, or confer upon, the Escrow Agent, for the benefit of the holders of the Refunded Bonds, any additional rights, remedies, powers or authority that may lawfully be granted to, or conferred upon, such holders or the Escrow Agent; and (c) to subject to this Agreement additional funds, securities or properties. 10 The Escrow Agent shall be entitled to rely conclusively upon an unqualified opinion of nationally recognized attorneys on the subject of municipal bonds with respect to compliance with this Section, including the extent, if any, to which any change, modification, addition or elimination affects the rights of the holders of the Refunded Bonds or that any instrument executed hereunder complies with the conditions and provisions of this Section. Notwithstanding the foregoing or any other provision of this Agreement other than Sections 2.05 and 2.07 hereof at the written request of the City and upon compliance with the conditions hereinafter stated, the Escrow Agent shall have the power to and shall, in simultaneous transactions, sell, transfer, otherwise dispose of or request the redemption of the U.S. Obligations held hereunder and to substitute therefor direct obligations of, or obligations fully guaranteed by the United States of America, subject to the conditions that such moneys or securities held by the Escrow Agent shall be verified to be sufficient, without reinvestment, to pay Annual Debt Service on the Refunded Bonds, as the same shall become due, until the Total Debt Service on the Refunded Bonds has been paid in accordance with Schedule C attached hereto. The City hereby covenants and agrees that it will not request the Escrow Agent to exercise any of the powers described in the preceding sentence (i) in any manner which will cause the Refunded Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, and the regulations thereunder in effect on the date of such request and applicable to obligations issued on the issue dates of the Refunded Bonds, and (ii) without payment of reasonable expenses of the Escrow Agent in connection therewith. The Escrow Agent shall, as directed in writing by the City, purchase such substituted securities with the proceeds derived from the maturity, sale, transfer, disposition or redemption of the U.S. Obligations held hereunder or from other moneys available. The transactions may be effected only if there shall have been obtained: (1) an independent verification by a nationally recognized independent certified public accounting firm retained by the City concerning the adequacy of such substituted securities with respect to principal and the interest thereon and any other moneys or securities held for such purpose to pay Annual Debt Service on the Refunded Bonds when due, until the Total Debt Service on the Refunded Bonds has been paid in accordance with Schedule C attached hereto; and (2) an opinion from Greenberg Traurig, P.A., or from any other nationally recognized attorneys on the subject of municipal bonds, acceptable to the City and Escrow Agent, to the City and the Escrow Agent to the effect that the disposition and substitution or purchase of such securities will not, under the statutes, rules and regulations then in force and applicable to obligations issued on the dates of issuance of the Refunded Bonds and the Series 2015 Bonds, cause the interest on such Refunded Bonds or the Series 2015 Bonds not to be excluded from gross income for Federal income tax purposes and that such disposition and substitution or purchase is not inconsistent with the statutes and regulations applicable to the Refunded Bonds. Any surplus moneys, identified as such in the then applicable verification report, resulting from the sale, transfer, other disposition or redemption of the U.S. Obligations held hereunder and the substitutions therefor of direct obligations of, or obligations the principal of and interest on which is fully guaranteed by, the United States of America, shall be released from the Trust Estate and shall be transferred to the City. The City shall provide written notice of any such amendment to the rating agencies then rating the Bonds prior to the effective date thereof. The City shall give prior written notice to Moody's Investors Service, Inc. (herein, "Moody's"), together with draft copies, of any proposed amendment, alteration, revocation, 11 severance or repeal of this Agreement pursuant to this Section. Such notice shall be given in writing to: Moody's Investors Service, Inc., 99 Church Street, New York, New York 10007, Attention: Public Finance Ratings Desk-Refunded Bonds. Section 4.02. Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the City or the Escrow Agent to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement shall be deemed and construed to be severable from the remaining covenants and agreements herein contained and shall in no way affect the validity of the remaining provisions of this Agreement. The Escrow Agent shall notify Moody's as soon as practicable if any portion of this Agreement becomes severable. Section 4.03. Agreement Binding. All the covenants, promises and agreements in this Agreement contained by or on behalf of the City or by or on behalf of the Escrow Agent shall bind and inure to the benefit of their respective successors and assigns, whether so expressed or not. Section 4.04. Termination. This Agreement shall terminate when all transfers and payments required to be made by the Escrow Agent under the provisions hereof shall have been made. Section 4.05. Governing Law. This Agreement shall be governed by the applicable laws of the State of Florida without regard to conflict of law principles. Section 4.06. Execution by Counterparts. This Agreement may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. Section 4.07. Notices. Until otherwise directed in writing by any person named below, all notices, reports, or other communications required or permitted to be given in accordance with the terms of this Agreement shall be in writing and sent by registered or certified mail addressed as follows: (a) As to the City: Jack Warner, Chief Financial Officer City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, FL 33444 Tel: 561-343-7177 Email: jwamer @mydelraybeach.com (b) As to the Escrow Agent: U.S. Bank National Association 225 Water Street, Suite 700 Jacksonville, Florida 32202 Attention: Corporate Trust Department Tel: 904-358-5382 Fax: 904-358-5374 12 (c) As to the Paying Agent: TD Bank, N.A. 5900 N. Andrews Avenue, 2nd Floor Fort Lauderdale, FL 33309 Attention: Governmental Bonds Tel: 954-233-2064 Fax: 954-233-2037 The Escrow Agent shall have the right to accept and act upon directions given pursuant to this Agreement and delivered using Electronic Means (defined below); provided, however, that the City shall provide to the Escrow Agent an incumbency certificate listing Authorized Officers with the City to provide such directions (each an "Authorized Officer") and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the City elects to give the Escrow Agent directions using Electronic Means and the Escrow Agent in its discretion elects to act upon such directions, the Escrow Agent's understanding of such directions shall be deemed controlling. The City understands and agrees that the Escrow Agent cannot determine the identity of the actual sender of such directions and that the Escrow Agent shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Escrow Agent have been sent by such Authorized Officer. The City shall be responsible for ensuring that only Authorized Officers transmit such directions to the Escrow Agent and that all Authorized Officers treat applicable user and authorization codes, passwords and/or authentication keys as confidential and with extreme care. The Escrow Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Agent's reliance upon and compliance with such directions notwithstanding such directions conflict or are inconsistent with a subsequent written direction. The City agrees: (i) to assume all risks arising out of the use of Electronic Means to submit directions to the Escrow Agent, including without limitation the risk of the Escrow Agent acting on unauthorized directions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting directions to the Escrow Agent and that there may be more secure methods of transmitting directions and (iii) that the security procedures (if any) to be followed in connection with its transmission of directions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances. "Electronic Means" shall mean the following communications methods: S.W.I.F.T., e-mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys, or another method or system specified by the Escrow Agent as available for use in connection with its services hereunder. [Signature Page Follows] 13 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officers and the City's official seal to be hereunto affixed and attested as of the date of execution set forth below. (SEAL) CITY OF DELRAY BEACH, FLORIDA By: Name: Title: Mayor Date of Execution: , 2015 ATTEST: By: Name: Title: U.S. BANK NATIONAL ASSOCIATION, as Escrow Agent By: Vice President Date of Execution: , 2015 APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney 14 SCHEDULE A REFUNDED BONDS Maturity Principal Interest Date Amount Rate 06/01/2020 $1,375,000 5.00% 06/01/2021 1,440,000 5.00% 06/01/2022 1,515,000 5.00% 06/01/2023 1,590,000 5.00% 06/01/2024 1,670,000 5.00% 06/01/2025 1,755,000 5.00% 06/01/2026 1,840,000 5.00% 06/01/2027 1,935,000 5.00% 06/01/2032 11,210,000 5.00% SCHEDULE B U.S. Obligations - Purchased from Proceeds of the Series 2015 Bonds [and Transferred Moneys] Maturity Principal Interest Date Amount Rate Type Purchase Price SLGS* SLGS* SLGS** SLGS** * U.S. Treasury Certificates of Indebtedness(State and Local Government Series) ** U.S. Treasury Note or Bond(State and Local Government Series) SCHEDULE C Annual Debt Service and Total Debt Service for Refunded Bonds payable as indicated below Series 2007 Bonds Interest Payment Date Maturing Principal Called Principal Interest Total June 1, 2015 -0- December 1, 2015 June 1, 2016 December 1, 2016 June 1, 2017 $24,330,000 EXHIBIT A NOTICE OF CALL FOR REDEMPTION $24,635,000' CITY OF DELRAY BEACH, FLORIDA Utilities Tax Revenue Bonds, Series 2007 Maturing on June 1, 2020 through and including June 1, 2032 NOTICE IS HEREBY GIVEN that, pursuant to Resolution No. 98-91, adopted by City of Delray Beach, Florida (the "City"), on December 3, 1991, as amended and supplemented (collectively, the "Resolution"), the City has irrevocably deposited with U.S. Bank National Association, as escrow agent (the "Escrow Agent"), in trust, and irrevocably set aside for such payment, cash and Defeasance Obligations (as such term is defined in the Resolution), maturing as to principal and interest in such amounts and at such times as will ensure the availability of sufficient moneys to pay the principal of and interest thereon to the redemption date of the outstanding City of Delray Beach, Florida Utilities Tax Revenue Bonds, Series 2007 (the "Defeased Bonds"), as described above, and that the Defeased Bonds are deemed to have been paid in accordance with the terms and provisions of the Resolution and that the Defeased Bonds described below are hereby called for optional redemption on June 1, 2017 (the "Redemption Date"), at a price of 100% of the principal amount thereof plus accrued interest to the Redemption Date. The maturities and principal amounts per maturity and CUSIP numbers of the Defeased Bonds to be redeemed are as follows: Maturity Principal Date Amount CUSIP No. 06/01/2020 $1,375,000 247307 GH8 06/01/2021 1,440,000 247307 GJ4 06/01/2022 1,515,000 247307 GK1 06/01/2023 1,590,000 247307 GL9 06/01/2024 1,670,000 247307 GM7 06/01/2025 1,755,000 247307 GN5 06/01/2026 1,840,000 247307 GPO 06/01/2027 1,935,000 247307 GQ8 06/01/2032 11,210,000 247307GR6 The Defeased Bonds subject to optional redemption on the Redemption Date shall be presented for payment at the designated corporate trust office of TD Bank, N.A., Corporate Trust Operations (the "Paying Agent"), 5900 N. Andrews Avenue, 2nd Floor, Fort Lauderdale, Florida 33309. On or after the Redemption Date, no interest shall accrue on said Defeased Bonds. Original Principal Amount A-1 This notice is given in conformity with the provisions of the Defeased Bonds and the Resolution providing for their issuance, and the owners of said Defeased Bonds are hereby notified and requested to present such Defeased Bonds for redemption and payment as provided above. The Defeased Bonds which have been called for redemption will be paid from funds irrevocably deposited for this purpose in an Escrow Deposit Trust Fund established with U.S. Bank National Association, as Escrow Agent for the Defeased Bonds. CITY OF DELRAY BEACH, FLORIDA TD BANK, N.A., as Paying Agent and Bond Registrar for the Defeased Bonds Dated , 2017 A-2 Withholding of 28% of gross redemption proceeds of any payment made within the United States is required by the Jobs and Growth Tax Relief Reconciliation Act of 2003 (the "Act"), unless the Paying Agent has the correct taxpayer identification number or exemption certificate of the payee. Please furnish a properly completed Form W-9 or exemption certificate or equivalent when presenting your securities. The City and the Trustee shall not be responsible for the use of CUSIP number(s) selected nor is any representation made as to their correctness indicated in the notice or as printed on any Bond. They are included solely for the convenience of the Holders. Instructions to Escrow Agent: This notice must be filed, by the Escrow Agent, with the Paying Agent, as provided in Section 3.08 of the Escrow Deposit Agreement. A-3 EXHIBIT B NOTICE OF DEFEASANCE CITY OF DELRAY BEACH, FLORIDA Utilities Tax Revenue Bonds, Series 2007 Maturing on June 1, 2020 through and including November 1, 2032 NOTICE IS HEREBY GIVEN that City of Delray Beach, Florida (the "City"), has caused to be deposited with U.S. Bank National Association, having a designated corporate trust office in [Jacksonville, Florida] (the "Escrow Agent"), pursuant to the terms and provisions of a certain Escrow Deposit Agreement, dated as of 1, 2015 (the "Escrow Agreement"), by and between the City and the Escrow Agent, bond proceeds and other legally available moneys which have been invested (except for an initial cash balance which will remain uninvested) in direct obligations of the United States of America (collectively, the "Deposits"), to pay and defease the City's outstanding Utilities Tax Revenue Bonds, Series 2007 maturing on June 1, 2020 through and including June 1, 2032 (the "Defeased Bonds"). The Defeased Bonds will be called for optional redemption on June 1, 2017, at a redemption price of 100% of the principal amount thereof, plus accrued interest to the redemption date. In the opinion of The Arbitrage Group, Inc., set forth in their report dated , 2015, the Deposits are fully sufficient to pay and refund the Defeased Bonds on their respective redemption dates. Pursuant to the defeasance provisions set forth in the resolutions authorizing the issuance of the Defeased Bonds (the "Bond Resolution"), the Defeased Bonds are deemed paid within the meaning thereof. B-1 The Paying Agent for the Defeased Bonds shall provide notice of redemption in accordance with the provisions of the Bond Resolution. CITY OF DELRAY BEACH, FLORIDA Dated: Instructions to Escrow Agent: This notice must be filed with the Paying Agent for the Refunded Bonds as soon as practicable after 2015, with instructions to mail the same to the registered holders of the Defeased Bonds. B-2 EXHIBIT C Acceptance Fee -0- Escrow Agent Administration Fee due at Closing and annually thereafter $ Reimbursement of out-of-pocket costs including postage, publication and legal fees, if necessary, at cost. W P B/38339707Ov5/016787.012500 C-1 REGISTRAR AND PAYING AGENT AGREEMENT between CITY OF DELRAY BEACH, FLORIDA and THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION Pertaining to City of Delray Beach, Florida Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 Dated as of , 2015 TABLE OF CONTENTS Page ARTICLE ONE APPOINTMENT OF TRUST COMPANY AS REGISTRAR AND PAYING AGENT........................................................................................................................................... 1 Section1.01. Appointment. ..................................................................................................... 1 Section1.02. Compensation.................................................................................................... 1 ARTICLE TWO DEFINITIONS.................................................................................................... 2 Section2.01. Definitions......................................................................................................... 2 ARTICLE THREE PAYING AGENT........................................................................................... 3 Section 3.01. Duties of Paying Agent...................................................................................... 3 Section3.02. Payment Dates................................................................................................... 3 ARTICLE FOUR REGISTRAR..................................................................................................... 4 Section 4.01. Transfer and Exchange. ..................................................................................... 4 Section4.02. The Bonds.......................................................................................................... 4 Section 4.03. Form of Register................................................................................................ 4 Section4.04. List of Owners. .................................................................................................. 5 Section 4.05. Cancellation of Bonds ....................................................................................... 5 Section 4.06. Mutilated, Destroyed, Lost, or Stolen Bonds. ................................................... 5 Section 4.07. Transaction Information to Issuer...................................................................... 6 ARTICLE FIVE THE TRUST COMPANY.................................................................................. 6 Section 5.01. Duties of Trust Company .................................................................................. 6 Section 5.02. Reliance on Documents, etc. ............................................................................. 7 Section 5.03. Recitals of Issuer. .............................................................................................. 7 Section5.04. May Hold Bonds................................................................................................ 8 Section 5.05. Money Held by Trust Company. ....................................................................... 8 Section 5.06. Mergers or Consolidations................................................................................. 8 Section 5.07. Indemnification.................................................................................................. 8 Section5.08. Interpleader........................................................................................................ 8 ARTICLE SIX MISCELLANEOUS PROVISIONS ..................................................................... 9 Section6.01. Amendment ....................................................................................................... 9 Section6.02. Assignment........................................................................................................ 9 Section6.03. Notices............................................................................................................... 9 Section 6.04. Effect of Headings........................................................................................... 10 Section 6.05. Successors and Assigns ................................................................................... 10 Section6.06. Severability...................................................................................................... 10 Section 6.07. Benefits of Agreement..................................................................................... 10 Section 6.08. Entire Agreement............................................................................................. 10 Section6.09. Counterparts..................................................................................................... 10 Section6.10. Termination. .................................................................................................... 10 Section6.11. Governing Law................................................................................................ 10 i REGISTRAR AND PAYING AGENT AGREEMENT THIS REGISTRAR AND PAYING AGENT AGREEMENT (the or this "Agreement") is by and between City of Delray Beach, Florida, a municipal corporation of the State of Florida (the "Issuer"), and U.S. Bank National Association, a national banking association (the "Trust Company"). WHEREAS, the Issuer has duly authorized and provided for the issuance of its Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 in an original aggregate principal amount of[AMOUNT] (the "Bonds")to be issued as registered securities without coupons; WHEREAS, all things necessary to make the Bonds the valid obligations of the Issuer, in accordance with their terms, will be taken upon the issuance and delivery thereof, WHEREAS, the Issuer is desirous that the Trust Company act as the Paying Agent of the Issuer in paying the principal, redemption premium, if any, and interest on the Bonds, in accordance with the terms thereof, and that the Trust Company act as Registrar for the Bonds; WHEREAS, the Issuer has duly authorized the execution and delivery of this Agreement, and all things necessary to make this Agreement the valid agreement of the Issuer, in accordance with its terms, have been done; NOW, THEREFORE, it is mutually agreed to the following terms: ARTICLE ONE APPOINTMENT OF TRUST COMPANY AS REGISTRAR AND PAYING AGENT Section 1.01. Appointment. (a) The Issuer hereby appoints the Trust Company to act as Paying Agent with respect to the Bonds, in paying to the Owners of the Bonds the principal, redemption premium, if any, and interest on all or any of the Bonds. (b) The Issuer hereby appoints the Trust Company as Registrar with respect to the Bonds. Notwithstanding anything herein to the contrary, the Trust Company shall carry out all obligations it may have as Paying Agent and Registrar under the Bond Resolution in accordance with the terms of the Bond Resolution. (c) The Trust Company hereby accepts its appointment and agrees to act as the Paying Agent and Registrar. Section 1.02. Compensation. As compensation for Trust Company's services as Registrar and Paying Agent, the Issuer agrees to pay the Trust Company the fees and amounts set forth in Annex A hereto for the first year of this agreement and thereafter while this Agreement is in effect, the fees and amounts set forth in the Trust Company's current fee schedule then in effect for services as Registrar and Paying Agent for municipalities. Issuer agrees to reimburse the Trust Company from legally available funds for any reasonable costs, expenses, disbursements and advances incurred or made by the Trust Company in accordance with any of the provisions hereof (including the reasonable compensation and the costs, expenses and disbursements of its agents and counsel). Such fees, costs and expenses shall be paid to the Trust Company as billed. ARTICLE TWO DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, the following terms have the following meanings when used in this Agreement: "Bond" or "Bonds" mean any or all of the Issuer's Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 dated , 2015. "Bond Resolution" means the resolution, order or ordinance of the governing body of the Issuer pursuant to which the Bonds are issued, a copy of which has been certified by an officer of the Issuer and delivered to the Trust Company. "Fiscal Year" means the 12 month period ending September 30th of each year or such other 12-month period as shall be selected by the Issuer. "Issuer" means the City of Delray Beach, Florida. "Issuer Request" and "Issuer Order" means a written request or order signed in the name of the Issuer by any authorized representative of the Issuer and delivered to the Trust Company. "Legal Holiday" means a day on which the Trust Company is required or authorized to be closed. "Owner" means the Person in whose name a Bond is registered in the Register. "Paying Agent" means the Trust Company when it is performing the functions associated with the terms in this Agreement. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government. "Predecessor Bonds" of any particular Bond means every previous Bond evidencing all or a portion of the same obligation as that evidenced by such particular Bond (and, for the purposes of this definition, any Bond registered and delivered under Section 4.06 in lieu of a mutilated, lost, destroyed or stolen Bond shall be deemed to evidence the same obligation as the mutilated, lost, destroyed or stolen Bond). "Register" means a register in which the Issuer shall provide for the registration and transfer of Bonds. 2 "Responsible Officer" when used with respect to the Trust Company means any vice president, assistant vice president or other officer of the Trust Company within the Trust Company Office (or any successor corporate trust office) customarily performing functions similar to those performed by the persons who at the time shall be such officers, respectively, or to whom any corporate trust matter is referred at the corporate Trust Company Office because of such person's knowledge of and familiarity with the particular subject and having direct responsibility for the administration of this Agreement. "State" means the State of Florida. "Stated Maturity" means the dates specified in the Bond Resolution as the fixed dates on which the principal of a Bond is due and payable or the date fixed in accordance with the terms of the Bond Resolution for redemption of the Bonds, or any portion thereof, prior to the fixed maturity date. "Trust Company" means U.S. Bank National Association, Jacksonville, Florida. "Trust Company Office" means the designated corporate trust office of the Trust Company located at [Jacksonville, Florida]. The Trust Company will notify the Issuer in writing of any change in location of the Trust Company Office. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paving Agent. (a) The Trust Company, as Paying Agent and on behalf of the Issuer, shall pay to the Owner, at the Stated Maturity and upon the surrender of the Bond or Bonds so maturing at the Trust Company Office, the principal amount of the Bond or Bonds then maturing, provided that the Trust Company shall have been provided by or on behalf of the Issuer adequate collected funds to make such payment. (b) The Trust Company, as Paying Agent and on behalf of the Issuer, shall pay interest when due on the Bonds to each Owner of the Bonds (or their Predecessor Bonds) as shown in the Register at the close of business on the record date provided for in the Bond Resolution, provided that the Trust Company shall have been provided by or on behalf of the Issuer adequate collected funds to make such payments; such payments shall be made by computing the amount of interest to be paid each Owner, preparing the checks, and mailing the checks on each interest payment date addressed to each Owner's address as it appears on the Register. (c) In the case of registered Owner of $1,000,000 or more of Bonds, the payments to be made to such Owner may be by wire transfer to a domestic Trust Company account specified in writing by such Owner if the same is provided for by the terms of the Bond Resolution. Section 3.02. Payment Dates. The Issuer hereby instructs the Trust Company to pay the principal of and interest on the Bonds at the dates specified in the Bond Resolution. 3 ARTICLE FOUR REGISTRAR Section 4.01. Transfer and Exchange. (a) The Issuer shall keep the Register at the Trust Company Office, and subject to such reasonable written regulations as the Issuer may prescribe, which regulations shall be furnished the Trust Company herewith or subsequent hereto by Issuer Order, the Issuer shall provide for the registration and transfer of the Bonds. The Trust Company is hereby appointed "Registrar" for the purpose of registering and transferring the Bonds as herein provided. The Trust Company agrees to maintain the Register while it is Registrar. (b) The Trust Company hereby agrees that at any time while any Bond is outstanding, the Owner may deliver such Bond to the Trust Company for transfer or exchange, accompanied by instructions from the Owner, or the duly authorized designee of the Owner, designating the persons, the maturities, and the principal amounts to and in which such Bond is to be transferred and the addresses of such persons; the Trust Company shall thereupon, within not more than three (3) business days, register and deliver such Bond or Bonds as provided in such instructions. The provisions of the Bond Resolution shall control the procedures for transfer or exchange set forth herein to the extent such procedures are in conflict with the provisions of the Bond Resolution. (c) Every Bond surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfers, in form satisfactory to the Trust Company, duly executed by the Owner thereof or his attorney duly authorized in writing. (d) The Trust Company may request any supporting documentation necessary to effect a re-registration. (e) No service charge shall be made to the Owner for any registration, transfer, or exchange of Bond, but the Issuer may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds. Section 4.02. The Bonds. The Issuer shall, at the request of the Trust Company, provide an adequate inventory of unregistered Bonds to facilitate transfers. The Trust Company covenants that it will maintain the unregistered Bonds in safekeeping, which shall be not less than the care it maintains for debt securities of other governments or corporations for which it serves as registrar, or which it maintains for its own securities. Section 4.03. Form of Register. The Trust Company as Registrar will maintain the records of the Register in accordance with the Trust Company's general practices and procedures in effect from time to time. The Trust Company shall not be obligated to maintain such Register in any form other than a form which the Trust Company has currently available and currently utilizes at the time. 4 Section 4.04. List of Owners. (a) The Trust Company will provide the Issuer at any time reasonably requested by the Issuer, upon payment of the actual cost, if any, of reproduction, a copy of the information contained in the Register. The Issuer may also inspect the information in the Register at any time the Trust Company is customarily open for business, provided that reasonable time is allowed the Trust Company to provide an up-to-date listing or to convert the information into written form. (b) The Trust Company will not release or disclose the content of the Register to any person other than to an authorized officer or employee of the Issuer, except upon receipt of a subpoena or court order. Upon receipt of a subpoena or court order and as permitted by law, the Trust Company will notify the Issuer so that the Issuer may contest the subpoena or court order. Section 4.05. Cancellation of Bonds. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Trust Company, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Trust Company and, if not already canceled, shall be promptly canceled by the Trust Company. The Issuer may at any time deliver to the Trust Company for cancellation any Bonds previously certified or registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Trust Company. All canceled Bonds held by the Trust Company shall be disposed of by the Trust Company as directed in writing by the Issuer or as otherwise provided by the Bond Resolution. The Trust Company will surrender to the Issuer, at such reasonable intervals as it determines, certificates of destruction, in lieu of which or in exchange for which other bonds have been issued or which have been paid. Section 4.06. Mutilated, Destroyed, Lost, or Stolen Bonds. (a) Subject to the provisions of this Section 4.06, the Issuer hereby instructs the Trust Company to deliver fully registered Bonds in exchange for or in lieu of mutilated, destroyed, lost or stolen Bonds as long as the same does not result in an overissuance, all in conformance with the requirements of the Bond Resolution. (b) To the extent permitted by the Bond Resolution, if(i) any mutilated Bond is surrendered to the Trust Company, or the Issuer and the Trust Company receives evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (ii) there is delivered to the Issuer and the Trust Company such security or indemnity as may be required by the Issuer and the Trust Company to save and hold each of them harmless, then the Issuer shall execute and upon its request the Trust Company shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same stated maturity and of like tenor and principal amount bearing a number not contemporaneously outstanding. (c) Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by 5 anyone, and shall be entitled to all the benefits of the Bond Resolution equally and ratably with all other outstanding Bonds. (d) Upon the satisfaction of the Trust Company and the Issuer that a Bond has been mutilated, destroyed, lost or stolen, and upon receipt by the Trust Company and the Issuer of such indemnity or security as they may require, the Trust Company shall cancel the Bond number on the Bond registered with a notation in the Register that said Bond has been mutilated, destroyed, lost or stolen, and a new Bond shall be issued of the same series and of like tenor and principal amount bearing a number, according to the Register not contemporaneously outstanding. (e) The Trust Company may charge the Owner the Trust Company's fees, costs and expenses (including reasonable attorney's fees, costs and expenses, if any) in connection with issuing a new Bond in lieu of or exchange for a mutilated, destroyed, lost or stolen Bond. (f) The Issuer hereby accepts the Trust Company's current blanket bond for lost, stolen, or destroyed bonds and any future substitute blanket bond for lost, stolen, or destroyed Bonds that the Trust Company may arrange, and agrees that the coverage under any such blanket bond is acceptable to it and meets the Issuer's requirements as to security or indemnity. The Trust Company need not notify the Issuer of any changes in the security or other company giving such bond or the terms of any such bond, provided that the amount of such bond is not reduced below the amount of the bond on the date of execution of this Agreement. The blanket bond then utilized by the Trust Company for lost, stolen or destroyed Bonds by the Trust Company is available for inspection by the Issuer on written request. Section 4.07. Transaction Information to Issuer. The Trust Company will, within a reasonable time after receipt of written request from the Issuer, furnish the Issuer information as to the Bonds it has paid pursuant to Section 3.01, Bonds it has delivered upon the transfer or exchange of any Bonds pursuant to Section 4.01, and Bonds it has delivered in exchange for or in lieu of mutilated, destroyed, lost or stolen Bonds pursuant to Section 4.06. ARTICLE FIVE THE TRUST COMPANY Section 5.01. Duties of Trust Company. The Trust Company undertakes to perform such duties and only such duties as are specifically set forth herein and in accordance with the Bond Resolution and no implied covenants or obligations should be read into this Agreement against the Trust Company. The Trust Company hereby agrees to use the funds deposited with it for payment of the principal of, redemption premium, if any, and interest on the Bonds to pay the Bonds as the same shall become due and further agrees to establish and maintain all accounts and funds as may be required for the Trust Company to function as Paying Agent. Notwithstanding the foregoing, the Trust Company agrees to comply with the applicable procedures of the Depository Trust Company necessary to carry out its duties hereunder. 6 Section 5.02. Reliance on Documents, etc. (a) The Trust Company may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Trust Company and reasonably believed by the Trust Company to be genuine and which the Trust Company does not actually know to be incorrect. (b) The Trust Company shall not be liable for any error of judgment or any act or steps taken or permitted to be taken in good faith, or for any mistake in law or fact, or for anything it may do or refrain from doing in connection herewith, except for its own willful misconduct or negligence. (c) No provisions of this Agreement shall require the Trust Company to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds to believe that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. (d) The Trust Company may conclusively rely and shall be fully protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, certificate, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Trust Company need not examine the ownership of any Bonds, but is fully protected in acting upon receipt of Bonds containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Owner or an attorney-in-fact of the Owner. The Trust Company shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, direction, consent, order, certificate, note, security paper or document supplied by Issuer. (e) The Trust Company may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents, receivers or attorneys of the Trust Company appointed with due care. (f) The Trust Company may consult with counsel, and the advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. Section 5.03. Recitals of Issuer. (a) The recitals contained herein, in the Bond Resolution and in the Bonds shall be taken as the statements of the Issuer, and the Trust Company assumes no responsibility for their correctness. (b) The Trust Company shall in no event be liable to the Issuer, any Owner or Owners or any other Person for any amount due on any Bond. 7 Section 5.04. May Hold Bonds. The Trust Company, in its individual or any other capacity, may become the owner or pledgee of Bonds and may otherwise deal with the Issuer with the same rights it would have if it were not the Paying Agent and Registrar, or any other agent. Section 5.05. Money Held by Trust Company. (a) Money held by the Trust Company hereunder need not be segregated from any other funds provided appropriate accounts are maintained. (b) The Trust Company shall be under no liability for interest on any money received by it hereunder. (c) Any money deposited with the Trust Company for the payment of the principal, redemption premium, if any, or interest on any Bond and remaining unclaimed for five years after the date on which such Bonds have become payable shall be returned to the Issuer, and thereafter the Owner shall look only to the Issuer for payment, without any interest thereon and the Trust Company shall have no further responsibility with respect to such money. Section 5.06. Mergers or Consolidations. Any corporation into which the Trust Company, or any successor to it in the trusts created by this Agreement, may be merged or converted or with which it or any successor to it may be consolidated, or to which it may sell or transfer its corporate trust business and assets as a whole or substantially as a whole, or any corporation resulting from any merger, conversion, consolidation or tax-free reorganization to which the Trust Company or any successor to it shall be a party shall be the successor Trust Company under this Agreement without the execution or filing of any paper or any other act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. Section 5.07. Indemnification. To the extent permitted by law, and only from legally available funds, the Issuer hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated) to indemnify, protect, save and keep harmless the Trust Company and its respective successors, assigns, agents and servants, from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including reasonable legal fees and disbursements), which may be imposed on, incurred by, or asserted against, at any time, the Trust Company and in any way relating to or arising out of the execution and delivery of this Agreement, the acceptance of the funds and securities deposited hereunder, and any payment, transfer or other application of funds and securities by the Trust Company in accordance with the provisions of this Agreement; or any other duties of the Trust Company hereunder; provided, however, that the Issuer shall not be required to indemnify the Trust Company against its own negligence or willful misconduct. In no event shall the Issuer be liable to any person by reason of the transactions contemplated hereby other than to the Trust Company as set forth in this Section. The indemnities contained in this Section shall survive the termination of this Agreement and shall inure to the benefit of the Trust Company's successors and assigns. Section 5.08. Interyleader. The Issuer and the Trust Company agree that the Trust Company may seek adjudication of any adverse claim, demand, or controversy over its persons 8 as well as funds on deposit, waive personal service of any process, and agree that service of process by certified or registered mail, return receipt requested, to the address set forth in Section 6.03 hereof shall constitute adequate service. The Issuer and the Trust Company further agree that the Trust Company has the right to file a Bill of Interpleader in any court of competent jurisdiction to determine the rights of any person claiming any interest herein. ARTICLE SIX MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereof. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver or other document provided or permitted hereby to be given or furnished to the Issuer or the Trust Company shall be mailed first class postage prepaid or hand delivered to the Issuer or the Trust Company, or sent by facsimile transmission if confirmed in writing and sent as specified above, respectively, at the addresses shown below: (a) if to the Issuer: City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 Attention: Treasurer (b) if to the Trust Company: U.S. Bank National Association 225 Water Street, 7m Floor Jacksonville, FL 32202 Attention: Corporate Trust Department The Trust Company agrees to accept and act upon instructions or directions pursuant to this Agreement sent by the Issuer by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the Issuer shall provide to the Trust Company an incumbency certificate listing designated persons with the authority to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the Issuer elects to give the Trust Company e-mail or facsimile instructions (or instructions by a similar electronic method) and the Trust Company in its discretion elects to act upon such instructions, the Trust Company's understanding of such instructions shall be deemed controlling. The Trust Company shall not be liable for any losses, costs or expenses arising directly or indirectly from the Trust Company's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Trust Company, including without limitation the risk of the Trust Company acting on unauthorized instructions, and the risk of interception and misuse by third parties. 9 Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein by the Issuer shall bind its successors and assigns whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Trust Company acting as Paying Agent and Registrar and if any conflict exists between this Agreement and the Bond Resolution, the Bond Resolution shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. (a) This Agreement will terminate on the date of final payment by the Trust Company issuing its checks for the final payment of principal, interest and premiums, if any, on the Bonds. (b) This Agreement may be earlier terminated with or without cause upon 60 days written notice by either party. Upon such termination, the Issuer reserves the right to appoint a successor Paying Agent and Registrar. If such appointment is not made within sixty (60) days from the date of written notice, the Trust Company shall deliver all records and any unclaimed funds to the Issuer. However, the Trust Company is entitled to payment of all outstanding fees, costs and expenses (including reasonable attorney's fees, costs and expenses) before delivering records to the Issuer. In the event this Agreement is terminated by giving written notice, then the Trust Company agrees, upon request by the Issuer, to give notice by first- class mail to all Owners the name and address of the successor Paying Agent and Registrar. Expenses for such notice shall be paid by the Issuer. (c) The provision of section 1.02 and of Article Five shall survive, and remain in full force and effect following, the termination of this Agreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State without regard to conflict of law principles. 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day of , 2015. CITY OF DELRAY BEACH, FLORIDA [SEAL] By: Name: Title: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY ATTORNEY U.S. BANK NATIONAL ASSOCIATION, as Registrar and Paying Agent By: Name: Title: Vice President 11 ANNEX A Fee for services as Registrar and Paying Agent will be $ per year payable annually in advance. Out-of-pocket expenses will be reimbursed but shall not exceed reasonable amounts. W P B/383397072v3/016787.012500 GT Draft#2 02/09/2015 PRELIMINARY OFFICIAL STATEMENT DATED FEBRUARY �n15 NEW ISSUE: FULL BOOK ENTRY RATINGS: S&P: " "Moody's: " (See "RATINGS"herein) In the opinion of Greenberg Traurig, P.A., Bond Counsel, under existing statutes, regulations, rulings and court decisions and assuming the continuing compliance with certain covenants and the accuracy of certain representations, (a)interest on the 2015 Bonds (as defined below) will be excludable from gross income for federal income tax purposes, (b)interest on the 2015 Bonds will not be an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, (c)interest on the 2015 Bonds will be taken into account in determining adjusted current earnings for the purpose of'computing the federal alternative minimum tax imposed on certain corporations, and (d)the 2015 Bonds and the interest thereon will not be subject to taxation under the laws of'the State of Florida,except estate taxes and taxes under Chapter 220,Florida Statutes, as amended, on interest, income or profits on debt obligations owned by corporations as defined therein. For a more complete description of such opinions of Bond Counsel,see "TAX MATTERS"herein. CITY OF DELRAY BEACH,FLORIDA Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 Dated: Date of Delivery Due: June 1,as shown on the Inside Cover The City of Delray Beach,Florida Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 (the"2015 Bonds")will be issued as fully registered bonds without coupons in principal denominations of$5,000 or any integral multiples thereof. The 2015 Bonds will be registered in the name of Cede&Co.,as nominee for the Depository Trust Company("DTC"), New York,New York,and DTC will act as securities depository for the 2015 Bonds. So long as Cede&Co. is the registered owner of the 2015 Bonds,principal and interest on the 2015 Bonds will be paid directly to Cede&Co.,as nominee for DTC,by U.S.Bank,National Association,having a designated corporate trust office in Jacksonville,Florida,as paying agent for the 2015 Bonds(the"Paying Agent"). Interest on the 2015 Bonds is payable semi-annually,commencing June 1,2015 and each June 1 and December 1 thereafter. Certain of the 2015 Bonds are subject to redemption prior to maturity as described herein. See `Description of the 2015 Bonds-Redemption Provisions,"herein. The proceeds of the 2015 Bonds will be used by the City of Delray Beach, Florida(the "City"), together with other available moneys,to(i)refund and defease a portion of the City's outstanding$24,635,000 original aggregate principal amount of Utilities Tax Revenue Bonds,Series 2007,currently outstanding in the aggregate principal amount of$24,470,000(the"2007 Bonds"), described herein, (ii)prepay a portion of the City's outstanding $22,250,000 original aggregate principal amount of Bond Anticipation Revenue Improvement Notes, Series 2013 (the "Notes"), currently outstanding in the aggregate principal amount of $11,255,409.42 (iii)finance certain capital projects within the City as described herein, and (iv)pay the costs of issuance of the 2015 Bonds. The 2015 Bonds are limited obligations of the City,payable solely from and secured solely by a pledge of and first priority lien upon the Pledged Revenues(which consist of the proceeds of the City's Utilities Tax(as defined herein)deposited in the Sinking Fund(as defined herein)on parity with the City's outstanding Utilities Tax Revenue Refunding Bonds,Series 2002 (the "2002 Bonds"), and any 2007 Bonds remaining outstanding after the issuance of the 2015 Bonds, in the manner herein described. The 2015 Bonds and the interest thereon shall not be and shall not constitute an indebtedness of the City or of the State of Florida or any political subdivision thereof within the meaning of any constitutional,statutory,charter or other limitation of indebtedness, and neither the full faith and credit nor the taxing powers of the State of Florida or the City or any political subdivision thereof are pledged as security for the payment of the principal of or interest on the 2015 Bonds and no holder or holders of any 2015 Bonds shall ever have the right to compel the exercise of the ad valorem taxing powers of the City, or taxation in any form of any real property therein to pay the principal of the 2015 Bonds or interest thereon. Electronic bids for the 2015 Bonds will be received through the Bidcomp/Parity Bid Submission System via remote bids as described in the Official Notice of Sale. This cover page contains certain information for quick reference only. It is not a summary of the issue. Investors must read this entire Official Statement to obtain information essential to the making of an informed investment decision. The 2015 Bonds are offered subject to prior sale when, as and if issued by the City and accepted by the Underwriter named below, and subject to approval as to legality by Greenburg Traurig,P.A., West Palm Beach,Florida,Bond Counsel to the City,and certain other conditions. Certain legal matters will be passed on for the City by its City Attorney,Noel M.Pfeffer,Esq. Public Financial Management,Inc., Orlando,Florida, serves as financial advisor to the City in connection with the issuance of the 2015 Bonds. Greenberg Traurig, P.A., West Palm Beach, Florida also serves as disclosure counsel for the City. It is expected that the 2015 Bonds in definitive form will be available for delivery through the facilities of DTC in New York, New York, on or about March 2015. Dated:March ,2015 GT Draft#2 02/09/2015 MATURITIES*,PRINCIPAL AMOUNTS*,INTEREST RATES, PRICES AND INITIAL CUSIP NUMBERS Maturity* Principal Interest Initial Cusip June 1 Amount* Rate Price Numbers** 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 *Preliminary,subject to change. **The City is not responsible for the use of CUSIP numbers,nor is any representation made as to their correctness. They are included solely for the convenience of the readers of this Official Statement. CITY OF DELRAY BEACH,FLORIDA 100 N.W. 1st Avenue Delray Beach,Florida 33444 CITY COMMISSION Cary Glickstein,Mayor Shelly Petrolia,Vice Mayor Jordana L. Jarjura, Deputy Vice Mayor Adam Frankel, Commissioner Al Jacquet, Commissioner CITY OFFICIALS Donald B. Cooper, City Manager Jack Warner, Chief Financial Officer Teresa Cantore,Treasurer Randal L. Kreicarek, Director of Environmental Services Isaac Kovner, City Engineer Chevelle D.Nubin, City Clerk CITY ATTORNEY Noel M. Pfeffer, Esquire BOND COUNSEL/DISCLOSURE COUNSEL Greenberg Traurig, P.A. West Palm Beach, Florida FINANCIAL ADVISOR Public Financial Management, Inc. Orlando, Florida No dealer,broker, salesperson or other person has been authorized by the City or the Underwriter to give any information or to make any representations with respect to the 2015 Bonds other than those contained in this Official Statement and, if given or made, such information or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the 2015 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from public documents, records and other sources which are believed to be reliable but it is not guaranteed as to accuracy or completeness, and is not to be construed as a representation by the Underwriter. The City makes no representation as to any information from sources other than the information provided by the City. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale of 2015 Bonds,under any circumstances, create any implication that there has been no change in any information set forth herein since the date hereof or the date as of which particular information is given, if earlier. This Official Statement is not to be construed as a contract or agreement between the City or the Underwriter and the purchasers or owners, from time to time, of any of the 2015 Bonds. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE 2015 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. The following Official Statement contains a general description of the 2015 Bonds and sets forth certain information about the City. All summaries and descriptions herein of documents, instruments and agreements, including the 2015 Bonds, are qualified in their entirety by reference to the complete, definitive forms of the 2015 Bonds and such documents, instruments and agreements, copies of which are on file at the office of the City's Chief Financial Officer. THE 2015 BONDS HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF 1933, AS AMENDED, NOR HAS THE RESOLUTION (AS DEFINED HEREIN) BEEN QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939, AS AMENDED, IN RELIANCE UPON EXEMPTIONS CONTAINED IN SUCH ACTS. THE REGISTRATION OR QUALIFICATION OF THE 2015 BONDS IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE SECURITIES LAWS OF CERTAIN STATES, IF ANY, IN WHICH THE 2015 BONDS HAVE BEEN REGISTERED OR QUALIFIED AND THE EXEMPTION FROM REGISTRATION OR QUALIFICATION IN CERTAIN OTHER STATES CANNOT BE REGARDED AS A RECOMMENDATION THEREOF. NEITHER THESE STATES NOR ANY OF THEIR AGENCIES HAVE PASSED UPON THE MERITS OF THE 2015 BONDS OR THE ACCURACY OR COMPLETENESS OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. FORWARD LOOKING STATEMENTS Certain statements contained herein that are not purely historical, are forward-looking statements, including statements regarding the City's expectations, hopes, intentions, or strategies regarding the future. Readers should not place undue reliance on forward-looking statements. All forward-looking statements included herein are based on information available on the date hereof, and the City and Underwriter assume no obligation to update any such forward-looking statements. Such forward-looking statements are necessarily based on various assumptions and estimates and are inherently subject to various risks and uncertainties, including risks and uncertainties relating to the possible invalidity of the underlying assumptions and estimates and possible changes or developments in social, economic, business, industry, market, legal, and regulatory circumstances and conditions and actions taken or omitted to be taken by third parties. Assumptions related to the foregoing involve judgments with respect to, among other things, future economic conditions which are difficult or impossible to predict accurately and are beyond the control of the City and the Underwriter. Actual results could differ materially from those discussed in such forward-looking statements and, therefore, there can be no assurance that the forward-looking statements included herein will prove to be accurate. THIS PRELIMINARY OFFICIAL STATEMENT IS IN A FORM DEEMED FINAL BY THE CITY FOR PURPOSES OF RULE 15c2-12 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, EXCEPT FOR CERTAIN INFORMATION PERMITTED TO ME OMITTED PURSUANT TO THE RULE 15c2-12(B)(1). THIS OFFICIAL STATEMENT IS BEING PROVIDED TO PROSPECTIVE PURCHASERS IN EITHER BOUND PRINTED FORM ("ORIGINAL BOUND FORMAT"), OR IN ELECTRONIC FORMAT ON THE FOLLOWING WEBSITES: WWW.MUNIOS.COM; AND WWW.EMMA.MSRB.ORG. THIS OFFICIAL STATEMENT MAY BE RELIED UPON ONLY IF IT IS IN ITS ORIGINAL BOUND FORMAT OR IF IT IS PRINTED IN FULL DIRECTLY FROM SUCH WEBSITES. TABLE OF CONTENTS INTRODUCTION........................................................................................................................................ 1 PLANOF FINANCE....................................................................................................................................2 2015 PROJECTS ..........................................................................................................................................3 ESTIMATED SOURCES AND USES OF FUNDS ....................................................................................3 Sourcesof Funds.......................................................................................................................................3 Usesof Funds............................................................................................................................................3 DESCRIPTION OF THE 2015 BONDS......................................................................................................4 General......................................................................................................................................................4 Book-Entry Only System..........................................................................................................................4 Discontinuance of Book-Entry Only System............................................................................................6 Negotiability, Registration and Cancellation............................................................................................7 Transferand Exchange .............................................................................................................................7 RedemptionProvisions.............................................................................................................................7 SECURITY FOR THE 2015 BONDS..........................................................................................................8 General......................................................................................................................................................8 Covenant Concerning Utilities Taxes.......................................................................................................8 ReserveAccount.......................................................................................................................................9 Flowof Funds...........................................................................................................................................9 AdditionalBonds.................................................................................................................................... 10 UTILITIESTAXES.................................................................................................................................... 11 CommunicationsServices Tax............................................................................................................... 13 Exemptionof CST.................................................................................................................................. 14 Collection................................................................................................................................................ 14 UTILITIES/COMMUNICATIONS SERVICES TAX COLLECTIONS .................................................. 14 THECITY .................................................................................................................................................. 14 Locationand Size.................................................................................................................................... 14 BriefDescription..................................................................................................................................... 15 Budgeting,Accounting and Auditing..................................................................................................... 15 Operating Budget for Fiscal Year Ended September 30, 2014............................................................... 16 DEBTSUMMARY .................................................................................................................................... 17 RATINGS ................................................................................................................................................... 17 LEGALITY................................................................................................................................................. 18 CONTINGENCYFEES ............................................................................................................................. 18 i TAXMATTERS......................................................................................................................................... 18 VERIFICATION OF MATHEMATICAL COMPUTATIONS .................................................................21 UNDERWRITING .....................................................................................................................................21 CONTINUING DISCLOSURE UNDERTAKING....................................................................................21 PENSIONPLANS......................................................................................................................................24 DefinedBenefit Plans.............................................................................................................................24 GASBSTATEMENT NO.45.....................................................................................................................26 ENFORCEABILITY OF REMEDIES .......................................................................................................28 MUNICIPAL BOND INSURANCE OPTION...........................................................................................29 LITIGATION..............................................................................................................................................29 GENERAL PURPOSE FINANCIAL STATEMENTS..............................................................................29 FINANCIALADVISOR............................................................................................................................29 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS.............................................29 MISCELLANEOUS ...................................................................................................................................30 AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT.............31 APPENDIX A GENERAL INFORMATION CONCERNING THE CITY OF DELRAY BEACH, FLORIDA AND PALM BEACH COUNTY APPENDIX B CITY OF DELRAY BEACH, FLORIDA GENERAL PURPOSE FINANCIAL STATEMENTS AND OTHER INFORMATION FOR THE FISCAL YEAR ENDED SEPTEMBER 30,201[3] APPENDIX C SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION APPENDIX D FORM OF APPROVING OPINION OF BOND COUNSEL ii OFFICIAL STATEMENT City of Delray Beach,Florida Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 INTRODUCTION The purpose of this Official Statement, which includes its cover page and certain attached Appendices, is to furnish information with respect to the issuance by the City of Delray Beach, Florida (the "City") of its Utilities Tax Revenue Refunding and Improvement Bonds, Series 2015 (the "2015 Bonds") in the aggregate principal amount of$ The 2015 Bonds are being issued under the authority of and in full compliance with the Constitution and laws of the State of Florida, including Chapter 166, Florida Statutes, as amended and supplemented, the City Charter, as amended and supplemented, and other applicable provisions of law. The 2007 Bonds are being issued more specifically pursuant to Resolution No. 98-91, adopted by the City Commission of the City (the "Commission") on December 3, 1991 (the "Original Resolution"), as amended and supplemented by Resolution No. R-90-02, adopted by the Commission on December 3, 2002 (the "2002 Resolution"), by Resolution No. R-21-07, adopted by the Commission on August 21, 2007 (the "2007 Resolution") and as further amended and supplemented by Resolution No. R-— adopted by the Commission on February 24, 2015 (the "2015 Resolution," and collectively with the Original Resolution, the 2002 Resolution and the 2007 Resolution, the "Resolution"). See "APPENDIX C - SUMMARY OF CERTAIN PROVISIONS OF THE RESOLUTION"herein. The 2015 Bonds are limited obligations of the City, payable solely from and secured solely by a pledge of and first priority lien upon the Pledged Revenues (which consist of the proceeds of the City's Utilities Tax (as herein defined) levied and collected or received by the City and deposited in the Sinking Fund (as herein defined) created and established pursuant to the terms and provisions of the Resolution (sometimes hereinafter referred to as the "Pledged Revenues"), as further described under the heading "Utilities Taxes" herein. The 2015 Bonds are issued on parity with the City's Outstanding Utilities Tax Revenue Refunding Bonds, Series 2002 (the "2002 Bonds") issued pursuant to the terms and provisions of the Original Resolution and the 2002 Resolution, the City's outstanding Utility Tax Revenue Bonds, Series 2007, (the "2007 Bonds") that remain outstanding after the issuance of the 2015 Bonds (the "Unrefunded 2007 Bonds"), issued pursuant to the terms of the Original Resolution and the 2007 Resolution. The City's Bond Anticipation Revenue Improvement Notes, Series 2013, currently outstanding in the aggregate principal amount of$11,255,409.42 (the "Notes") were issued pursuant to Resolution No. 23-13 adopted by the Commission on April 16, 2013 (the "Note Resolution"). The Notes are not secured by the Pledged Revenues under the Resolution,but are secured as provided in the Note Resolution. The 2015 Bonds are being issued in order to provide funds,together with other available moneys, to (i) refund on an advanced basis that portion of the 2007 Bonds maturing on and after June 1, 2020 (the "2007 Refunded Bonds"), (ii)prepay a portion of the City's outstanding Notes, in the aggregate principal amount of $6,100,000* (the "Refunded Notes"), (iii) finance certain capital projects within the City as described herein (the "2015 Projects"), and(iv)pay the costs of issuance the 2015 Bonds. 1 The 2015 Bonds, the 2002 Bonds, the Unrefunded 2007 Bonds, and any other p_Ln passu additional bonds issued pursuant to the provisions of the Resolution are herein referred to as the "Bonds." The 2015 Bonds and the interest thereon shall not be and shall not constitute an indebtedness of the City or of the State of Florida or any political subdivision thereof within the meaning of any constitutional, statutory, charter or other limitation of indebtedness, and neither the full faith and credit nor the taxing powers of the State of Florida or the City or any political subdivision thereof arc pledged as security for the payment of the principal of or interest on the 2015 Bonds and no holder or holders of any 2015 Bonds shall ever have the right to compel the exercise of the ad valorem taxing powers of the City, or taxation in any form of any real property therein to pay the principal of the 2015 Bonds or interest thereon. Capitalized terms not otherwise defined in this Official Statement shall have the same meanings assigned to such terms in the Resolution. See "APPENDIX C - Summary of Certain Provisions of the Resolution" herein for certain definitions. The description of the 2015 Bonds,the Resolution and certain statutory provisions and the information from various reports and statements contained in this Official Statement are not comprehensive or definitive. All references to such documents, reports and statements are qualified by the actual content of such documents, reports and statements, copies of which may be obtained by contacting the Chief Financial Officer, City of Delray Beach, Florida, 100 N.W. First Avenue, Delray Beach, FL 33444, (561) 243-7115 or during the offering period of the 2015 Bonds from Public Financial Management, Inc.,financial advisor to the City, (407) 648-2208. PLAN OF FINANCE A portion of the proceeds of the 2015 Bonds will be used to provide for the advance refunding of the 2007 Refunded Bonds. The City will call the 2007 Refunded Bonds for redemption on June 1, 2017, at a redemption price equal to 100% of the principal amount of the 2007 Refunded Bonds, without premium. To effect the advance refunding of the 2007 Refunded Bonds, the City will enter into an Escrow Deposit Agreement (the "Escrow Agreement") on or prior to the delivery of the 2015 Bonds with U.S. Bank, National Association, Jacksonville, Florida (the "Escrow Agent"). Pursuant to the terms of the Escrow Agreement,the City will deposit a portion of the proceeds of the 2015 Bonds,together with other legally available moneys of the City, into an escrow deposit trust fund to be maintained by the Escrow Agent(the "Escrow Deposit Trust Fund"). A portion of such proceeds and moneys will be applied on the date of delivery of the 2015 Bonds to the purchase of Defeasance Obligations, as defined in the Resolution, maturing at such times and in such amounts so that the maturing principal, together with the interest income thereon and any cash held uninvested in the Escrow Deposit Trust Fund,will be sufficient to pay the principal of and interest due on the 2007 Refunded Bonds to and including June 1, 2017, on which date the 2007 Refunded Bonds will be redeemed. Subsequent to the deposit of moneys into the Escrow Deposit Trust Fund and the investment of such moneys as described in the preceding paragraph,the 2007 Refunded Bonds, in the opinion of Bond Counsel, rendered in reliance upon schedules verified as to accuracy by the Arbitrage Group, Inc., Buhl, Alabama, Florida (the "Verification Agent"), will no longer be Outstanding under the provisions of the Resolution and the right, title and interest of the holders of the 2007 Refunded Bonds in the Pledged Revenues shall cease, determine and become void. See "VERIFICATION OF MATHEMATICAL COMPUTATIONS" herein. The 2007 Bonds maturing on June 1, 2015 and June 1, 2016 will remain Outstanding and entitled to all of the rights and benefits of the Resolution, as such will not be defeased upon issuance of the 2015 Bonds. The maturing principal of and interest on the Defeasance Obligations and cash held uninvested in the Escrow Deposit Trust Fund will not be available to pay principal of and interest on the 2015 Bonds. 2 On the date of issuance of the 2015 Bonds, a portion of the proceeds of the 2015 Bonds will be paid to the holder of the Refunded Notes to prepay $6,100,000 aggregate principal amount outstanding, together with accrued and unpaid interest on the Refunded Notes, through the payment date. After such payment, there will be $5,155,409.42 aggregate principal amount of Notes outstanding that are secured separately as provided in the Note Resolution. 2015 PROJECTS A portion of the proceeds of the 2015 Bonds will be used,together with other available funds, to finance the acquisition,construction, of the following projects: Rebuild a new Fire Station 43 in the same vicinity of the existing Fire Station 43. The City estimates to spend at least$6.1 million dollars on land acquisition and construction of the building. Beach Amenity projects, including remodeling of showers and benches, widening sidewalks, landscaping and lighting. The City estimates costs of approximately$3 million dollars. ESTIMATED SOURCES AND USES OF FUNDS The proceeds to be received from the sale of the 2015 Bonds, and other legally available moneys, are expected to be applied as follows: Sources of Funds Principal Amount of 2015 Bonds $ Original Issue Premium/Discount Other Moneys(') Total Sources of Funds Uses of Funds Deposit to the Escrow Deposit Trust Fund Prepayment of the Refunded Notes Deposit to the Acquisition/Construction Fund Underwriter's Discount Cost of Issuance Total Uses of Funds 3 DESCRIPTION OF THE 2015 BONDS General The 2015 Bonds will be dated the date of delivery and will mature on June 1 of the years and in the principal amounts set forth on the inside cover page hereof The 2015 Bonds will be initially issued only in the form of fully registered bonds in denominations of$5,000 or any integral multiple thereof. Interest on the 2015 Bonds is payable semiannually commencing June 1, 2015, and each June 1 and December I thereafter at the rates per annum set forth on the inside cover page hereof. U.S. Bank, National Association, having a designated corporate trust office in [Jacksonville], Florida, will serve as bond registrar (the "Bond Registrar") and paying agent (the "Paying Agent") for the 2015 Bonds. The 2015 Bonds, when issued, will be registered in the name of Cede & Co., as nominee of the Depository Trust Company("DTC"),New York,New York. So long as the 2015 Bonds shall he in book-entry form,the principal of and interest on such 2015 Bonds is payable by check or draft mailed or by wire transfer to Cede & Co., as nominee of DTC and registered owners thereof for redistribution by DTC to the DTC Participants (as herein defined) and in turn to Beneficial Owners (as herein defined) as described below under"Book-Entry Only System." If the book-entry system should be discontinued, certificated 2015 Bonds will he issued to the Beneficial Owners, who will then become the registered owners thereof. See "Discontinuance of Book-Entry Only System"below. Book-Entry Only System The Depository Trust Company ("DTC"),New York,New York, will act as securities depository for the 2015 Bonds. The 2015 Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered security certificate will be issued for each maturity of the 2015 Bonds, set forth in the inside cover page of this Official Statement, in the aggregate principal amount of such 2015 Bonds, and will be deposited with DTC. DTC, the world's largest securities depository, is a limited purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity, corporate and municipal debt issues and money market instruments (from over 100 countries)that its participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has Standard & Poor's highest rating: AAA. The DTC rules applicable to its Direct and Indirect Participants are on file 4 with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of 2015 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the 2015 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 2015 Bond (`Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participants through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the 2015 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their beneficial ownership interests in the 2015 Bonds, except in the event that use of the book-entry system for the 2015 Bonds is discontinued. To facilitate subsequent transfers, all 2015 Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. or such other name as may be requested by an authorized representative of DTC. The deposit of 2015 Bonds with DTC and their registration in the name of Cede & Co., or such other DTC nominee, do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the 2015 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such 2015 Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of the 2015 Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the 2015 Bonds, such as redemptions, tenders, defaults and proposed amendments to the bond documents. For example, Beneficial Owners of the 2015 Bonds may wish to ascertain that the nominee holding the 2015 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the Bond Registrar and request that copies of notices are provided directly to them. Redemption notices shall be sent to DTC. If less than all of a Series of 2015 Bonds are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant of such Series to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the 2015 Bonds unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the 2015 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, distributions, and dividend payments on the 2015 Bonds will be made to Cede & Co., or to such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the City or Bond Registrar on a payment date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by 5 standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, its nominee, the Bond Registrar or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of the redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or the Paying Agent. Disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of the Direct and Indirect Participants. NEITHER THE CITY NOR THE PAYING AGENT WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO DTC, THE PARTICIPANTS OR THE PERSON FOR WHOM THEY ACT AS NOMINEES WITH RESPECT TO THE PAYMENTS TO OR THE PROVIDING OF NOTICE FOR THE PARTICIPANTS OR THE BENEFICIAL OWNERS OF THE 2015 BONDS. THE CITY WILL NOT GIVE ANY ASSURANCES THAT DTC, PARTICIPANTS OR OTHERS WILL DISTRIBUTE PAYMENTS OF PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON THE 2015 BONDS PAID TO DTC OR ITS NOMINEE, AS THE REGISTERED OWNER, OR ANY NOTICES TO THE BENEFICIAL OWNERS OR THAT THEY WILL DO SO ON A TIMELY BASIS, OR THAT DTC WILL ACT IN THE MANNER DESCRIBED IN THIS OFFICIAL STATEMENT OR FOR THE SELECTION BY DTC OR ANY PARTICIPANT OR ANY PERSON TO RECEIVE PAYMENT IN THE EVENT OF A PARTIAL REDEMPTION OF THE 2015 BONDS; OR ANY OTHER ACTION TAKEN BY DTC AS BONDHOLDER. DTC may discontinue providing its services as securities depository with respect to the 2015 Bonds at any time by giving reasonable notice to the City or the Bond Registrar. Under such circumstances, in the event that a successor securities depository is not obtained, 2015 Bond certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, Series 2015 Bond certificates will be printed and delivered to DTC. So long as Cede &Co., as nominee of DTC is the registered owner of the 2015 Bonds, references herein to the owners or holders of the 2015 Bonds (other than under the caption "TAX MATTERS" herein) shall mean Cede &Co. and will not mean the Beneficial Owners of the 2015 Bonds. For every transfer of ownership interests in the 2015 Bonds, the Beneficial Owner may be charged a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. THE INFORMATION IN THIS SECTION CONCERNING DTC AND DTC'S BOOK-ENTRY SYSTEM HAS BEEN OBTAINED FROM SOURCES THAT THE CITY BELIEVES TO BE RELIABLE, BUT THE CITY WILL NOT TAKE ANY RESPONSIBILITY FOR THE ACCURACY THEREOF. Discontinuance of Book-Entry Only System In the event that the book-entry system is discontinued and the Beneficial Owners become the registered owners of the 2015 Bonds, interest on each Series 2015 Bond will be paid by check or draft of the Paying Agent mailed to the person in whose name the Series 2015 Bond is registered, on the fifteenth (15th) day of the month next preceding each interest payment date (the "Record Date"), provided, however at the request of any holder of at least $1,000,000 aggregate principal amount of a Series 2015 6 Bond, interest may be payable by wire transfer to the bank account number on file with the Paying Agent on or before the Record Date. Principal of the 2015 Bonds will be payable upon presentation and surrender of the 2015 Bonds at the designated corporate trust office of the Paying Agent. Negotiability,Registration and Cancellation Subject to the provisions of the Resolution, at the option of any registered owner of the 2015 Bonds and upon surrender at the designated corporate trust office of the Bond Registrar, with a written instrument of transfer satisfactory to the Bond Registrar duly executed by the registered holder of a Series 2015 Bond or his or her duly authorized attorney, and upon payment by such holder of any charges which the Bond Registrar or the City may make as provided in the Resolution, the 2015 Bonds may be exchanged for 2015 Bonds of the same series and maturity of any other authorized denominations. The Bond Registrar shall keep books for the registration of 2015 Bonds and for the registration of transfers of 2015 Bonds as provided in the Resolution. The 2015 Bonds shall be transferable by the registered owner thereof in person or by his or her attorney duly authorized in writing only upon the books of the City kept by the Bond Registrar and only upon surrender thereof together with a written instrument of transfer satisfactory to the Bond Registrar duly executed by the registered holder or his or her authorized attorney. Upon the transfer of any such Series 2015 Bond,the City shall issue in the name of the transferee a new Series 2015 Bond or 2015 Bonds. The City, the Paying Agent and the Bond Registrar shall deem and treat the person in whose name any Series 2015 Bond shall be registered upon the books kept by the Bond Registrar as the absolute holder of such Series 2015 Bond, whether such Series 2015 Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Series 2015 Bond as the same become due and for all other purposes. All such payments so made to any such holder or upon his or her order shall be valid and effectual to satisfy and discharge the liability upon such Series 2015 Bond to the extent of the sum or sums so paid, and neither the City, the Paying Agent, nor the Bond Registrar shall be affected by any notice to the contrary. Transfer and Exchange Subject to the provisions of the Resolution, in all cases in which the privilege of exchanging 2015 Bonds or transferring 2015 Bonds is exercised, the City shall execute and the Bond Registrar shall authenticate and deliver 2015 Bonds in accordance with the provisions of the Resolution. All 2015 Bonds surrendered in any such exchanges or transfers shall forthwith be delivered to the Bond Registrar and cancelled by the Bond Registrar in the manner provided by the Resolution. There shall be no charge for any such exchange or transfer of 2015 Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to pay taxes, fees or other governmental charges required to be paid with respect to such exchange or transfer. Neither the City nor the Bond Registrar shall be required to (a)transfer or exchange 2015 Bonds for a period from the Record Date to the next ensuing interest payment date on such 2015 Bonds, or fifteen (15) days next preceding any selection of 2015 Bonds to be redeemed or thereafter until the mailing of any notice of redemption; or (b) transfer or exchange any 2015 Bonds called for redemption. Redemption Provisions Optional Redemption. The 2015 Bonds maturing on June 1, 2026 and thereafter are subject to redemption, at the option of the City prior to maturity on or after June 1, 2025, in whole at any time or in part from time to time on the first day of any month in such manner as shall be determined by the City, at 7 a redemption price equal to the principal amount of the 2015 Bonds to be redeemed together with accrued interest to the date fixed for redemption. If less than all of the 2015 Bonds are called for redemption,the 2015 Bonds to be redeemed shall be selected in such manner as the City, in its discretion, shall determine, and if less than all of a maturity shall be called for redemption, the 2015 Bonds to be redeemed shall be selected by lot within such maturity. Notice of Redemption. Notice of redemption of the 2015 Bonds shall be mailed, postage prepaid, by the Bond Registrar at least thirty (30) and not more than sixty (60) days before the date fixed for redemption to the registered owners of any of the 2015 Bonds or portions of the 2015 Bonds which are to be redeemed, at their addresses as they appear fifteen (15) days prior to the date such notice is mailed on the registration books of the City kept by the Bond Registrar. Such notice of redemption shall set forth (i) the date fixed for redemption, (ii) the redemption price to be paid, (iii)the name and address of the Bond Registrar, (iv) if less than all of the 2015 Bonds shall be called for redemption, the distinctive numbers, letters and CUSIP identification numbers, if any, of such 2015 Bonds to be redeemed, (v) in the case of 2015 Bonds to be redeemed in part only, the portion of the principal amount thereof to be redeemed, and (vi) any other information the City or the Bond Registrar deems relevant. Subject to the rules of DTC as the current Securities Depository, in case any Series 2015 Bond is to be redeemed in part only, the notice of redemption that relates to such Series 2015 Bond shall state also that on or after the redemption date, upon surrender of the Series 2015 Bond, a new Series 2015 Bond or 2015 Bonds of the same maturity, bearing interest at the same rate and in aggregate principal amount equal to the unredeemed portion of such Series 2015 Bond, will be issued. Failure of the registered owner of any 2015 Bonds which are to be redeemed to receive any such notice shall not affect the validity of the proceedings for the redemption of 2015 Bonds for which proper notice has been given. Interest shall cease to accrue on any of the 2015 Bonds duly called for prior redemption if payment of the redemption price has been duly made or provided for. SECURITY FOR THE 2015 BONDS General The principal of and interest on the Bonds including the 2015 Bonds are payable from the Pledged Revenues and secured by a first lien on and pledge of the Pledged Revenues, which are the proceeds of the Utilities Tax deposited in the Sinking Fund created and established under the Resolution. The 2015 Bonds and the interest thereon shall not be and shall not constitute an indebtedness of the City or of the State of Florida or any political subdivision thereof within the meaning of any Constitutional, statutory, charter or other limitation of indebtedness, and neither the full faith and credit nor the taxing powers of the State of Florida or the City or any political subdivision thereof are pledged or obligated as security for the payment of the principal of or interest on the 2015 Bonds and no holder or holders of any 2015 Bonds shall ever have the right to compel the exercise of the ad valorem taxing powers of the City, or taxation in any form of any real property therein to pay the principal of the 2015 Bonds or interest thereon. Covenant Concerning Utilities Taxes The City covenants under the Resolution that, so long as any of the Bonds including the 2015 Bonds remain Outstanding, it shall take all lawful action necessary or required to continue to entitle the 8 City to receive the Utilities Tax proceeds and will not take any action which would impair or adversely affect its receipt of such proceeds. The City further covenants under the Resolution that it shall not repeal the Utilities Tax Ordinance (as defined herein). To the extent necessary to meet its obligations under the provisions of the Resolution and to the extent legally permitted, the City shall increase the rate of such Utilities Tax up to the highest rate permitted by law and shall enact every substitute or supplemental ordinance that may for any reason become legally necessary, or necessary to comply with the provisions of the Resolution. The City is required under the Resolution to keep proper books and records regarding the collection and uses made of the proceeds of the Utilities Tax, and that all records with respect thereto shall be available for inspection at all reasonable times by the holders of any of the 2015 Bonds. For a more detailed description of the requirements concerning the City's covenant as to the Utilities Taxes, please refer to the "Summary of Certain Provisions of the Resolution" contained in APPENDIX C attached hereto. Reserve Account The Resolution provides for the establishment and maintenance of a Debt Service Reserve Account for each series of bonds issued pursuant to the terms of the Resolution (the "Bonds") in an amount equal to the Debt Service Reserve Requirement for each such series of Bonds. Unless provided otherwise by resolution of the City, each such separate Debt Service Reserve Account shall constitute security only for the series of Bonds to which it relates. The City has not established a Debt Service Reserve Account for the 2015 Bonds,pursuant to the 2015 Resolution. Flow of Funds A brief summary of the deposits required to be made to the various funds and accounts established under the Resolution is provided below. For a more detailed description of such deposits, reference should be made to the Summary of Certain Provisions of the Resolution contained in APPENDIX C attached hereto. All or a portion of the Utilities Tax proceeds collected by the City each month will be deposited in the Sinking Fund in the following manner and amounts (such Utilities Tax proceeds deposited in the Sinking Fund are referred to herein as the "Pledged Revenues"): (a) On the fifteenth (15th) day of each month, beginning with the fifteenth (15th) day of the first full calendar month following the date of issuance of any series of Bonds to the credit of the Interest Account, an amount equal to the sum of one- sixth (116th) of the interest becoming due on the 2015 Bonds on the next succeeding Interest Payment Date; (b) On the fifteenth (15th) day of each month in each year, to the credit of the Principal Account, an amount equal to one-twelfth (1/12th) of the principal of all Bonds, payable by their respective stated terms within the next succeeding twelve (12)months; (c) On the fifteenth (15th) day of each month in each year, to the credit of the Bond Redemption Account, one-twelfth ( 1/12th) of the amount required for the payment of any Term Bonds required to be paid on the next succeeding installment payment date; (d) To the extent not funded from the proceeds of the Bonds or covered by a Reserve Account Credit Facility Substitute, to the full extent necessary, for deposit into each of the Debt Service Reserve Accounts established with respect to any series of Bonds on the fifteenth (15th) day of each month in each year beginning with the fifteenth (15th) day of 9 the first full calendar month following the date of issuance of any series of Bonds, such sums as shall be sufficient to pay an amount equal to one-twelfth (1/12th) of twenty percent (20%) of the Debt Service Reserve Account Requirement applicable to each series of Bonds; (e) To the repayment of any obligations owed to the provider(s) of a Reserve Account Credit Facility Substitute (pro rata, if necessary) and then to the payment of any subordinated indebtedness issued by the City pursuant to the Resolution; and (f) The balance, if any, remaining in the Sinking Fund after making the deposits described in clauses (a)through (e) above and after all deficiencies thereof have been remedied, may be released by the City from the lien of the Resolution and used for any lawful municipal purpose. If the amount deposited in any month to the credit of any of the accounts mentioned in (a) through (d), inclusive, above shall be less than the amount required to be deposited therein under the Resolution,the requirement therefor shall nevertheless be cumulative and the amount of any deficiency in any month shall be added to the amount otherwise required to be deposited in each month thereafter until such time as all such deficiencies have been made up. Any interest earned on the amounts held to the credit of the Principal Account, Bond Redemption Account and Debt Service Reserve Accounts shall be transferred to the credit of the Interest Account and credited against the amount required to be deposited therein as described in clause (a) above. Notwithstanding the foregoing provisions of the Resolution described in clauses (a) through (d) above, if there shall be to the credit of the Interest Account, Principal Account or Bond Redemption Account the amount required to be on deposit in such accounts on the next succeeding Interest Payment Date, principal payment date, or due date of any term bonds called for redemption, respectively, no further deposit to any such account, as the case may be, shall then be required on account of the requirements described in said clauses (a)through(c) above. Additional Bonds The City is authorized under the Resolution to issue Perri passu additional bonds, payable and secured equally and ratably with the 2002 Bonds, the Unrefunded 2007 Bonds, the 2015 Bonds and any other Outstanding series of Perri passu additional bonds, for any lawful purposes. Each such series of Perri passu additional Bonds shall be on parity with and shall be entitled to the same benefits and security under the Resolution as the 2002 Bonds, the Unrefunded 2007 Bonds, the 2015 Bonds and any other Outstanding series of Perri passu additional bonds (except as to any Debt Service Reserve Account established solely for any one or more series of Bonds);provided,however,that in addition to compliance with certain other conditions as set forth under the Resolution, the following conditions are complied with: (a) The City must be current in all deposits required to be made into the various funds and accounts established under the Resolution and all payments required to have been theretofore deposited or made by the City under the provisions of the Resolution and any supplemental resolution hereafter adopted for the issuance of additional bonds. The City must also comply with the covenants and provisions of the Resolution and any resolution supplemental thereto adopted for the purpose of the issuance of such additional bonds. (b) The Utilities Tax proceeds collected by the City in any consecutive twelve (12) month period during the eighteen (18) month period immediately preceding the month in which 10 the pAri passu additional bonds are being issued, as certified by the City's Finance Director, shall be equal to at least one hundred twenty-five per centum (125%) of the Maximum Annual Debt Service Requirements on the Bonds then outstanding, any pari passu additional bonds then outstanding and the p.Ln passu additional bonds then proposed to be issued. (c) In the event any » passu additional bonds are issued for the purpose of refunding the 2002 Bonds, the Unrefunded 2007 Bonds, the 2015 Bonds, or any other a�ri passu additional bonds then Outstanding, the provisions of the Resolution described in the foregoing paragraph shall not apply, provided that the issuance of such aari passu additional bonds shall result in a reduction in, or shall not increase, the total annual debt service payments over the life of the Bonds being refunded. UTILITIES TAXES As used in the Resolution and herein,the term "Utilities Tax" means the tax imposed by the City on each and every purchase in the City of electricity, metered and bottled gas (natural liquified petroleum gas or manufactured) and the tax the City receives on communications services (the "Communications Services Tax" or "CST") pursuant to the provisions of the Communications Services Tax Simplification Law codified as Chapter 202, Florida Statutes, as amended and supplemented. Said term shall also apply to all taxes imposed by the City on the purchase of utility services other than water and communication services,whether levied in the amounts prescribed by the Utilities Tax Ordinance (as defined herein) or in any other amounts and whether imposed on the purchase of the same utilities services or any other or additional utilities services, by amendment to the Utilities Tax Ordinance or such other resolution or ordinance of the City. This definition shall be applicable to the 2002 Bonds,the Unrefunded 2007 Bonds, the 2015 Bonds and all p-gi passu additional bonds issued pursuant to the Resolution. The City has covenanted in the Resolution that it will take all action permitted by law to collect the Utilities Tax proceeds in the amount necessary to meet the requirements under the Resolution. Section 166.231, Florida Statutes, as amended, authorizes any Florida municipality to levy a tax on the purchase within such municipality of electricity, metered natural gas, liquified petroleum gas either metered or bottled, manufactured gas either metered or bottled and water service. Currently, the tax on the foregoing services may not exceed ten percent (10%) of the payments received by the sellers of such utilities service from purchasers, except in the case of fuel oil for which the maximum tax is four(4) cents per gallon. However, for municipalities levying less than the maximum rate of ten percent (10%), the maximum tax on fuel oil shall bear the same proportion to four (4) cents per gallon which the tax rate actually levied for the utilities with a maximum rate of ten percent (10%) bears to ten percent (10%). Utilities taxes must be collected by the seller of the utilities service from purchasers at the time of payment for such service and remitted to the taxing municipality as prescribed by ordinance of the municipality. Certain taxable purchases and certain purchasers of taxable services are exempt from the levy of such utilities taxes by municipalities as follows: (a) The purchase of natural gas, manufactured gas or fuel oil by a public or private utility, either for resale or for use as a fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines is exempt from the levy of the utilities tax. (b) A municipality may exempt from the utilities tax the purchase of metered or bottled gas (natural liquified petroleum gas or manufactured) or fuel oil for agricultural purposes. 11 (c) A municipality may exempt from the utilities tax imposed any amount up to, and including, the total amount of electricity, metered natural gas, liquified petroleum gas either metered or bottled, or manufactured gas either metered or bottled purchased per month, or reduce the rate of taxation on the purchase of such electricity or gas when purchased by an industrial consumer which uses the electricity or gas directly in industrial manufacturing, processing, compounding, or a production process, at a fixed location in the municipality, of items of tangible personal property for sale. The municipality shall establish the requirements for qualification for this exemption in the manner prescribed by ordinance. Possession by a seller of a written certification by the purchaser, certifying the purchaser's entitlement to an exemption described herein, relieves the seller from the responsibility of collecting the tax on the nontaxable amounts, and the municipality shall look solely to the purchaser for recovery of such tax if it determines that the purchaser was not entitled to the exemption. (d) A municipality may exempt any amount up to, and including,the first 500 kilowatt hours of electricity purchased per month for residential use, and such exemption shall apply to each separate residential unit regardless of whether such unit is on a separate meter or a central meter, and shall be passed on to each individual tenant. (e) Purchases by the United States Government,the State of Florida, and all counties, school districts and municipalities of the State of Florida, and by public bodies exempted by law or court order, are exempt from the levy of such tax. A municipality may exempt from the levy of such tax purchases of taxable items by any towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in the State of Florida, as well as certain nonprofit corporations or cooperative associations which provide water utility services to no more than 13,500 equivalent residential units, ownership of which will revert to a political subdivision upon retirement of all outstanding indebtedness, and shall exempt purchases by any recognized church in the State of Florida for use exclusively for church purposes. (f) A municipality may exempt not less than fifty percent (50%) of the utilities tax imposed on purchasers of electrical energy who are determined to be eligible for the exemption provided by Section 212.08(15), Florida Statutes by the Department of Revenue. (g) A municipality may enact an ordinance for exemption of an area nominated as an enterprise zone pursuant to Section 290.0055, Florida Statutes that has not yet been designated pursuant to Section 290.0065, Florida Statutes, provided, however, that eligibility for such exemption shall expire on December 31, 2005, except that any qualified business located within an enterprise zone which has satisfied the requirements of Section 166.231 (8), Florida Statutes prior to December 31, 2005, shall continue to be exempt from the utilities tax(subject to the limitations set forth therein) after that date. Chapter 50 of Title V entitled "Public Works" of the City's Code of Ordinances, as amended, contains the terms of the City's levy of its Utilities Tax(the "Utility Tax Ordinance"). The City currently levies the Utility Tax at the rate of 10% on sales of electricity and on the sale of metered or bottled gas (natural liquified petroleum gas or manufactured). The City also levies a tax on the sale of fuel oil in the amount of$0.04 per gallon. Residential dwelling units are exempted from the electricity portion of the Utility Tax for the first ninety (90) kilowatt hours per month, then such residence will be subject to the tax on the sale of electricity. Also,the Utilities Tax is not charged with respect to any fuel adjustment charge on the bill. 12 The purchase of natural gas or fuel oil by a public or private utility, either for resale or for use as fuel in the generation of electricity, or the purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines is exempt from the City's Utilities Tax. Also exempted from the City's Utilities Tax are: the United States Government,the State of Florida, counties, school districts, municipalities of the State of Florida, towns, villages, special tax school districts, special road and bridge districts,bridge districts, all other districts in the State of Florida,public bodies exempted by law or court order and any recognized church if used exclusively for church purposes. The City Commission is solely responsible for setting or revising the Utilities Tax it levies, which it accomplishes through amendments and supplements to the Utilities Tax Ordinance. Communications Services Tax The Original Resolution defined "Utilities Tax" as the tax imposed by the City on each and every purchase in the City of electricity, metered and bottled gas (natural liquified petroleum gas or manufactured), and telecommunication services. However, effective October 1, 2001, the Legislature of the State of Florida repealed the authorization for the levy by counties and municipalities, including the City, of the utilities or public service tax on telecommunication services and instead authorized the implementation of the Communications Services Tax or "CST." The CST was intended to replace repealed local sources such as the City's Utilities Tax on telecommunication services. The legislative change was codified in Chapter 202, Florida Statutes, as amended and supplemented (herein the "CST Act"). The CST includes, but is not limited to, a tax on land line telephone services, including long distance,wireless telephone services, cable television services,pager services and facsimile services. The CST on communication services is charged to the service addresses within the City. In the CST Act, the Florida Legislature levied a local CST for each county and municipality at a conversion rate calculated to produce an amount of revenue for each respective local government equal to the amount of revenue the local government would have received from the repealed sources. The aforementioned conversion rates were reduced on October 1, 2002 for that fiscal year and each fiscal year thereafter since the first year the CST was in effect it was increased because of a transition lag. The CST Act authorized each local government to increase the CST to a maximum rate that was below the specified conversion rate found for that unit of local government in the CST Act. The maximum rate for municipalities, including the City, is 5.1 percent (5.1 0%). Under the CST Act, if the local government forgoes collecting a permit fee it may increase the maximum rate by an add-on rate. In the case of municipalities, including the City,the add-on rate is 0.12 percent(.12%)which combined with the maximum rate for the City creates an annualized rate of 5.22 percent(5.22%). 13 Exemption of CST The CST Act exempts all purchases by the federal government and its agencies and instrumentalities,the State of Florida and any county, municipality or political subdivision of the State of Florida and any religious or educational organization exempt from federal income tax under Section 501 (c)(3)of the Internal Revenue Code. Collection The CST must be collected by the provider from purchasers and remitted to the State of Florida Department of Revenue (the "Department"). The proceeds of the CST, less the Department's costs of administration, are transferred to the Communications Services Tax Clearing Trust Fund held by the Department and distributed to the City on a monthly basis. UTILITIES/COMMUNICATIONS SERVICES TAX COLLECTIONS The following table sets forth information about Utilities/Communications Services Tax proceeds collected by the City in each of the City's last five (5) full fiscal years, as compared with debt service requirements. City of Delray Beach Utilities Tax Collections/Debt Service Coverage Year Ended September 30 2010 2011 2012 2013 2014 (unaudited) Utility Taxes(Electric,gas,fuel) $5,079,018 $5,066,109 $5,149,785 $5,150,000 Communications Services Tax 3,959,125 3,711,866 3,655,858 3,675,000 Total $9,038,143 $8,777,975 $8,805,643 $8,825,000 Debt Service Annual $1,832,660 $1,831,160 $1,823,240 $1,829,500 Maximum 2,592,250 2,592,250 2,592,250 2,592,250 2,592,250 Debt Service Coverage Annual 4.94x 4.97x 4.83x 4.83x Maximum 3.49x 3.51x 3.40x 3.41x Source: Comprehensive Annual Financial Reports of the City. THE CITY Location and Size The City is a municipal corporation organized and existing under the laws of the State of Florida. The City, located on Florida's Gold Coast, is the third largest city in Palm Beach County with an estimated permanent population of [61,801] (as of 2014) with another estimated 12,600 seasonal residents, and sixteen square miles within its municipal boundaries. Lying 18 miles south of West Palm 14 Beach and 50 miles north of Miami along the Atlantic Ocean, the City has been able to participate in the growth of South Florida and benefit from the economic growth of this area in general. The City is governed by a City Commission and operates under a Commission-Manager form of government. The City Commission appoints a full-time City Manager, and a full-time City Attorney. The City employs a full-time Chief Financial Officer, who has the responsibility for all internal auditing and financial record keeping operations of the City. Brief Description The City is primarily a residential community of homes and condominium apartments with a balance of commercial, light industrial and government complexes. It is a mature community with [100%] build-out and,therefore, its focus is not upon growth, but upon quality development of remaining vacant areas and redevelopment of areas in a state of decline or deterioration. The City has many recreational facilities including tennis, golf, boating, fishing, water sports, and lawn bowling. During the winter months, the hotels, motels, and restaurants fill to capacity with visiting tourists and winter residents. The City's famous mile-long beach is an attraction for residents and tourists. The Intracoastal Waterway provides boat dockage, and the Boynton Inlet gives access to the Atlantic Ocean for boating and salt water fishing. Lake Ida, adjacent to the City, also provides fishing and water skiing. Further information on the City is contained in "APPENDIX A General Information Concerning the City of Delray Beach,Florida and Palm Beach County." Budgeting,Accounting and Auditing The City follows these procedures in establishing the budgetary data reflected in its general purpose financial statements: 1. No later than the first regular Commission meeting in August, the City Manager submits to the City Commission a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted at City Hall to obtain taxpayer comments. 3. The City advises the County Property Appraiser of the proposed millage rate and the day, time and place of the public hearing for budget acceptance. 4. The public hearing is held to obtain final taxpayer input and to adopt the final budget. 5. The budget and related millage rates are legally enacted through passage of separate resolutions. 6. Changes or amendments to the total budgeted expenditures of the City or a department must be approved by the City Commission; however, changes within a department which do not affect the total departmental expenditures may be approved at the administrative level. Accordingly,the legal level of control is at the department level. All unencumbered balances lapse at year end. The City reports major governmental funds consisting of a General Fund and a Capital Improvements Fund, a major Proprietary Fund consisting of a Water and Sewer Fund; as well as Internal Service Funds and Pension Trust Funds. 15 Non-appropriated budgets, which are not legally adopted or legally required to be adopted, are prepared for the Law Enforcement Trust Fund, Community Development Fund, Beautification Fund, Tennis Stadium Fund, Water and Sewer Fund, Delray Beach Municipal Golf Course Fund, Lakeview Golf Course Fund, City Marina Fund, Sanitation Fund, Stormwater Utility Fund, Central Garage Fund and the Insurance Fund. The Finance Department monitors the expenditures of these funds through the use of budgets prepared by management. Operating Budget for Fiscal Year Ended September 30,2014 Total budgeted operating revenues and other financing sources for the General Fund for fiscal year ended September 30, 2014 are $ . See "APPENDIX B - City of Delray Beach, Florida General Purpose Financial Statements and other Information for the Fiscal Year ended September 30, [2014]." Each month of the current fiscal year, actual revenues and expenditures of the General Fund are compared with budgeted amounts by line item. Variations of actual revenues and expenditures compared to budgeted amounts which are unfavorable are referred to the respective department heads for explanations and possible amendment. A summary report of the status of the budget is submitted to the City Manager for review and action. At the close of the 2014 fiscal year (September 30, 2014), total revenues were %of the annual budget amount and total expenditures were %of the annual budget amount. [Balance of Page Intentionally Left Blank] 16 DEBT SUMMARY The only Bonds currently Outstanding secured by the Pledged Revenues are the 2002 Bonds, issued on December 19, 2002, and the Unrefunded 2007 Bonds. The table below sets forth the outstanding debt service requirements for the 2002 Bonds, the Unrefunded 2007 Bonds and the 2015 Bonds: Period Ending 2015 Bonds 2015 Bonds 2015 Bonds Outstanding Total Debt June 1 Principal Interest Debt Service Debt Service Service 2015 $ 531,480 2016 552,120 2017 - 2018 - 2019 - 2020 - 2021 - 2022 - 2023 - 2024 - 2025 - 2026 - 2027 - 2028 - 2029 - 2030 - 2031 - 2032 - TOTALS $1,083,600 RATINGS Moody's Investors Service, Inc. ("Moody's") and Standard & Poor's Public Finance Ratings Services, a division of McGraw-Hill Companies ("S&P") have assigned the 2015 Bonds underlying ratings of"_"and" "respectively. Such ratings reflect only the views of the aforesaid credit rating organizations, and any desired explanation of the significance of these ratings should be obtained only from the rating agency furnishing the same, at the following addresses: S&P at 55 Water Street,New York,New York 10041 and Moody's at 99 Church Street,New York,New York 10007. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance that such ratings will continue for any given period of time, or that such ratings may not be lowered or withdrawn entirely by the respective rating agency if, in its judgment, circumstances so warrant. Any such downward change or withdrawal of either or both such ratings may have an adverse effect on the market price of the 2015 Bonds. 17 LEGALITY Certain legal matters in connection with the issuance of the 2015 Bonds are subject to the approval of Greenberg Traurig, P.A., West Palm Beach, Florida, Bond Counsel, whose Bond Counsel opinion will be available at the time of delivery of the 2015 Bonds. The proposed form of such opinion of Bond Counsel is attached hereto as APPENDIX D. Certain legal matters will be passed upon for the City by its City Attorney,Noel M. Pfeffer, Esquire. Greenberg Traurig, P.A. is also serving as Disclosure Counsel to the City. The actual Bond Counsel opinion to be delivered may vary from the form attached hereto to reflect facts and law on the date of delivery. Such Bond Counsel opinion and the other opinions delivered at the closing of the 2015 Bonds will speak only as of their date, and subsequent distribution of the opinions by recirculation of this Official Statement or otherwise shall create no implication that Bond Counsel or the City Attorney has reviewed or expresses any opinion concerning any of the matters referenced in the opinions subsequent to their date of issuance. CONTINGENCY FEES The City has retained Bond Counsel, Disclosure Counsel, its financial advisor, the Paying Agent and the Registrar with respect to the authorization, sale, execution and delivery of the 2015 Bonds. Payment of the fees of such professionals are each contingent upon the issuance of the 2015 Bonds. TAX MATTERS General Matters. The Internal Revenue Code of 1986, as amended (the "Code"), includes requirements which the City must continue to meet after the issuance of the 2015 Bonds in order that the interest on the 2015 Bonds be and remain excludable from gross income for federal income tax purposes. The City's failure to meet these requirements may cause the interest on the 2015 Bonds to be included in gross income for federal income tax purposes retroactively to the date of issuance of the 2015 Bonds. The City has covenanted to take the actions required by the Code in order to maintain the exclusion from gross income for federal income tax purposes of interest on the 2015 Bonds. In the opinion of Bond Counsel, under existing statutes, regulations, rulings and court decisions and assuming the continuing compliance with certain covenants and the accuracy of certain representations, (a)interest on the 2015 Bonds will be excludable from gross income for federal income tax purposes, (b) interest on the 2015 Bonds will not be an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, (c) interest on the 2015 Bonds will be taken into account in determining adjusted current earnings for the purpose of computing the federal alternative minimum tax imposed on certain corporations, and (d)the 2015 Bonds and the interest thereon will not be subject to taxation under the laws of the State of Florida, except estate taxes and taxes under Chapter 220, Florida Statutes, as amended, on interest, income or profits on debt obligations owned by corporations as defined therein. Bond Counsel will express no opinion as to any other tax consequences regarding the 2015 Bonds. Prospective purchasers of the 2015 Bonds should consult their own tax advisors as to the status of interest on the 2015 Bonds under the tax laws of any state other than the State of Florida. Bond Counsel's opinions are based on existing law, which is subject to change. Such opinions are further based on factual representations made to Bond Counsel as of the date thereof. Bond Counsel assumes no duty to update or supplement its opinions to reflect any facts or circumstances that may thereafter come to Bond Counsel's attention, or to reflect any changes in law that may thereafter occur or 18 become effective. Moreover, Bond Counsel's opinions are not a guarantee of a particular result, and are not binding on the Internal Revenue Service or the courts. Rather, such opinions represent Bond Counsel's professional judgment based on its review of existing law, and in reliance on the representations and covenants that it deems relevant to such opinion. Original Issue Discount. The 2015 Bonds that have an original yield above their respective interest rates, as shown on the inside cover of this Official Statement (collectively, the "Discount Bonds"), are being sold at an original issue discount. The difference between the initial public offering prices of such Discount Bonds and their stated amounts to be paid at maturity constitutes original issue discount treated in the same manner for federal income tax purposes as interest, as described above. The amount of original issue discount that is treated as having accrued with respect to a Discount Bond is added to the cost basis of the owner of the bond in determining, for federal income tax purposes, gain or loss upon disposition of such Discount Bond (including its sale, redemption or payment at maturity). Amounts received upon disposition of such Discount Bond that are attributable to accrued original issue discount will be treated as tax-exempt interest, rather than as taxable gain, for federal income tax purposes. Original issue discount is treated as compounding semiannually, at a rate determined by reference to the yield to maturity of each individual Discount Bond, on days that are determined by reference to the maturity date of such Discount Bond. The amount treated as original issue discount on such Discount Bond for a particular semiannual accrual period is equal to (a) the product of(i)the yield to maturity for such Discount Bond (determined by compounding at the close of each accrual period) and (ii)the amount that would have been the tax basis of such Discount Bond at the beginning of the particular accrual period if held by the original purchaser, (b) less the amount of any interest payable for such Discount Bond during the accrual period. The tax basis for purposes of the preceding sentence is determined by adding to the initial public offering price on such Discount Bond the sum of the amounts that have been treated as original issue discount for such purposes during all prior periods. If such Discount Bond is sold between semiannual compounding dates, original issue discount that would have been accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. Owners of Discount Bonds should consult their tax advisors with respect to the determination and treatment of original issue discount accrued as of any date and with respect to the state and local tax consequences of owning a Discount Bond. Subsequent purchasers of Discount Bonds that purchase such bonds for a price that is higher or lower than the "adjusted issue price" of the bonds at the time of purchase should consult their tax advisors as to the effect on the accrual of original issue discount. Original Issue Premium. The 2015 Bonds that have an original yield below their respective interest rates, as shown on the inside cover of this Official Statement (collectively, the "Premium Bonds"), are being sold at a premium. An amount equal to the excess of the issue price of a Premium Bond over its stated redemption price at maturity constitutes premium on such Premium Bond. A purchaser of a Premium Bond must amortize any premium over such Premium Bond's term using constant yield principles, based on the purchaser's yield to maturity (or, in the case of Premium Bonds callable prior to their maturity, generally by amortizing the premium to the call date, based on the purchaser's yield to the call date and giving effect to any call premium). As premium is amortized, the amount of the amortization offsets a corresponding amount of interest for the period, and the purchaser's basis in such Premium Bond is reduced by a corresponding amount resulting in an increase in the gain(or decrease in the loss) to be recognized for federal income tax purposes upon a sale or disposition of such Premium Bond prior to its maturity. Even though the purchaser's basis may be reduced, no federal income tax deduction is allowed. Purchasers of the Premium Bonds should consult their tax advisors with 19 respect to the determination and treatment of premium for federal income tax purposes and with respect to the state and local tax consequences of owning a Premium Bond. Except as described above under this heading "TAX MATTERS," Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the receipt or accrual of the interest on the 2015 Bonds, or the ownership or disposition of the 2015 Bonds. Prospective purchasers of 2015 Bonds should be aware that the ownership of 2015 Bonds may result in other collateral federal tax consequences, including (a)the denial of a deduction for interest on indebtedness incurred or continued to purchase or carry the 2015 Bonds, (b) the reduction of the loss reserve deduction for property and casualty insurance companies by 15 percent of certain items, including the interest on the 2015 Bonds, (c)the inclusion of the interest on the 2015 Bonds in the earnings of certain foreign corporations doing business in the United States of America for purposes of a branch profits tax, (d) the inclusion of the interest on the 2015 Bonds in the passive income subject to federal income taxation of certain Subchapter S corporations with Subchapter C earnings and profits at the close of the taxable year, and (e)the inclusion of interest on the 2015 Bonds in the determination of the taxability of certain Social Security and Railroad Retirement benefits to certain recipients of such benefits. The nature and extent of the other tax consequences described above will depend on the particular tax status and situation of each owner of the 2015 Bonds. Prospective purchasers of the 2015 Bonds should consult their own tax advisors as to the impact of these other tax consequences. Information Reporting and Backup Withholding. Interest paid on tax-exempt obligations such as the 2015 Bonds is subject to information reporting to the Internal Revenue Service in a manner similar to interest paid on taxable obligations. This reporting requirement does not affect the excludability of interest on the 2015 Bonds from gross income for federal income tax purposes. However, in connection with that information reporting requirement, the Code subjects certain noncorporate owners of 2015 Bonds, under certain circumstances, to "backup withholding" at the rates set forth in the Code, with respect to payments on the 2015 Bonds and proceeds from the sale of 2015 Bonds. Any amount so withheld would be refunded or allowed as a credit against the federal income tax of such owner of 2015 Bonds. This withholding generally applies if the owner of 2015 Bonds (a)fails to furnish the payor such owner's social security number or other taxpayer identification number, (b) furnishes the payor an incorrect taxpayer identification number, (c) fails to properly report interest, dividends or other "reportable payments" as defined in the Code or, (d) under certain circumstances, fails to provide the payor or such owner's securities broker with a certified statement, signed under penalty of perjury, that the taxpayer identification number provided is correct and that such owner is not subject to backup withholding. Prospective purchasers of the 2015 Bonds may also wish to consult with their tax advisors with respect to the need to furnish certain taxpayer information in order to avoid backup withholding. Changes in Federal and State Tax Law. From time to time,there are legislative proposals in the Congress and in the states that, if enacted, could alter or amend the federal and state tax matters referred to under this heading "TAX MATTERS" or adversely affect the market value of the 2015 Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether if enacted it would apply to bonds issued prior to enactment. In addition, regulatory actions are from time to time announced or proposed and litigation is threatened or commenced which, if implemented or concluded in a particular manner, could adversely affect the market value of the 2015 Bonds. It cannot be predicted whether any such regulatory action will be implemented, how any particular litigation or judicial action will be resolved, or whether the 2015 Bonds or the market value thereof would be impacted thereby. Purchasers of the 2015 Bonds should consult their tax advisors regarding any pending or proposed legislation, regulatory initiatives or litigation. The opinions expressed by Bond Counsel are based on existing legislation and regulations as interpreted by relevant judicial and regulatory authorities as of the date of issuance and delivery of the 2015 Bonds, and Bond Counsel has expressed no opinion as of any date subsequent thereto or with respect to any pending legislation, regulatory initiatives or litigation. 20 PROSPECTIVE PURCHASERS OF THE 2015 BONDS ARE ADVISED TO CONSULT THEIR OWN TAX ADVISORS PRIOR TO ANY PURCHASE OF THE 2015 BONDS AS TO THE IMPACT OF THE CODE UPON THEIR ACQUISITION, HOLDING OR DISPOSITION OF THE 2015 BONDS. VERIFICATION OF MATHEMATICAL COMPUTATIONS The arithmetical accuracy of certain computations included in the schedules provided by the Financial Advisor relating to the computation of forecasted receipts of principal and interest on the [Government Obligations] and the forecasted payments of principal and interest to pay or redeem, as applicable, the Refunded Bonds and supporting the conclusion of Bond Counsel that the 2015 Bonds do not constitute "arbitrage bonds" under Section 148 of the Internal Revenue Code of 1986, as amended, was verified by the Arbitrage Group, Inc., Buhl, Alabama, as the Verification Agent. Such computations were based solely upon assumptions and information supplied by the Financial Advisor. The Verification Agent has restricted its procedures to examining the arithmetical accuracy of certain computations included in the schedules provided by the Financial Advisor and has not made any study or evaluation of the assumptions and information upon which the computations are based and, accordingly, has not expressed an opinion on the data used, the reasonableness of the assumptions, or the achievability of the forecasted results. UNDERWRITING The Bonds are being purchased by as successful bidder and the representative of the syndicate listed in the successful bid for the 2015 Bonds pursuant to the Official Notice of Sale relating to the 201513onds (collectively,the "Underwriter"). The Underwriter has submitted a winning bid to purchase the 2015 Bonds at an aggregate purchase price of$ (representing the original principal amount of$ plus net original issue premium of $ , and less an Underwriter's discount of $ or approximately %of the principal amount of the 201513onds). The Underwriter will purchase all of the 2015 Bonds, if any are purchased. The yields set forth on the inside cover of this Official Statement, which reflect the initial public offering prices of the 2015 Bonds, were provided by the Underwriter and may be changed by the Underwriter, and the Underwriter, may offer and sell the 2015 Bonds to certain dealers (including dealers depositing the 2015 Bonds into investments trusts) and others at prices to produce yields higher than the yields set forth on the inside cover of this Official Statement. In the ordinary course of their various business activities, the Underwriters and their respective affiliates may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities, which may include credit default swaps) and financial instruments (including bank loans) for their own account and for the accounts of their customers and may at any time hold long and short positions in such securities and instruments. Such investment and securities activities may involve securities and instruments of the City. CONTINUING DISCLOSURE UNDERTAKING In accordance with the continuing disclosure requirements of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC"), the City has agreed pursuant to the terms of the 2015 Resolution as follows: 21 A. The City agrees to provide to the MSRB through EMMA and to the State of Florida information depository (herein, the "SID") if and when such a SID is created (i) the City's general purpose financial statements generally consistent with the financial statements presented as an appendix to the Official Statement relating to the 2015 Bonds, and (ii)the information concerning the Utilities Tax collections within the City with respect to the Communications Services Tax, and with respect to electricity, gas and fuel oil, the Utilities Tax rate or rates, exemptions from the Utilities Tax and amendments to any ordinances of the City regarding the Utilities Tax generally consistent with the information set forth in the Official Statement under the heading "UTILITIES TAXES." The information referred to in clauses (i) and(ii) above is herein collectively referred to as the "Annual Information." B. The Annual Information described in paragraph A above in audited form (for as long as the City provides such financial information in audited form) is expected to be available on or before March 31 of each year for the Fiscal Year ending on the preceding September 30. The Annual Information referred to in paragraph A above in unaudited form (if the audited financial statements are not available or if the City no longer provides such financial information in audited form) will be available on or before March 31 for the Fiscal Year ending on the preceding September 30. The City also agrees to provide the Annual Information to each registered owner and Beneficial Owner of the Bonds who request such information and pays to the City its costs of reproduction and transmission of such Annual Information. The City agrees to provide to the MSRB through EMMA and the SID, if any,timely notice of its failure to provide the Annual Information. Such notice shall also indicate the reason for such failure and when the City reasonably expects such Annual Information will be available. C. The Annual Information referred to in paragraph A above and presented as an appendix to the Official Statement has been prepared in accordance with governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time, as such principles are modified by generally accepted accounting principles, promulgated by the Financial Accounting Standards Board, as in effect from time to time, and such other State mandated accounting principles as in effect from time to time. D. If, as authorized by paragraph F below, the City's undertaking with respect to paragraph C above requires amending, the City undertakes and agrees that the Annual Information described in paragraph A above for the Fiscal Year in which the amendment is made will, to the extent possible, present a comparison between the Annual Information prepared on the basis of the new accounting principles and the Annual Information prepared on the basis of the accounting principles described in paragraph C above. The City agrees that such a comparison will, to the extent possible, include a qualitative discussion of the differences in the accounting principles and the impact of the change on the presentation of the Annual Information. E. The City agrees to provide or cause to be provided, in a timely manner not in excess of ten (10) business days after the occurrence of the event, to the MSRB, through EMMA, in EMMA Compliant Format and the SID, if any, notice of occurrence of any of the following applicable events with respect to the Bonds: 1. principal and interest payment delinquencies; 2. non-payment related defaults, if material; 3. unscheduled draws on debt service reserves reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; 22 5. substitution of credit or liquidity providers, or their failure to perform; 6. adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; 7. modifications to rights of holders of the Bonds, if material; 8. bond calls, if material, and tender offers; 9. defeasances; 10. release, substitution or sale of any property securing repayment of the Bonds, if material(the Bonds are secured solely by the Pledged Revenues); 11. rating changes; 12. bankruptcy, insolvency, receivership or similar event of the City(which is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City); 13. the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and 14. appointment of a successor or additional trustee or the change of name of the trustee, if material. Notwithstanding the foregoing, notice of the events described in clauses (8) and (9) above need not be given any earlier than the time notice is required to be given to the registered owners of the 2015 Bonds. The City's undertaking as set forth in the 2015 Resolution and as described herein shall terminate if and when the 2015 Bonds arc paid or deemed paid within the meaning of the Resolution. (a) The City acknowledges that its undertaking pursuant to the Rule set forth in the 2015 Resolution and as described herein is intended to be for the benefit of the registered holders and Beneficial Owners of the 2015 Bonds and shall be enforceable by such holders and Beneficial Owners; provided that, the holders' and Beneficial Owners' right to enforce the provisions of the City's undertaking shall be limited to a right to obtain specific enforcement of the City's obligations under the 23 Resolution, and any failure by the City to comply with the provisions of the City's undertaking shall not be or constitute a covenant or monetary default with respect to the 2015 Bonds under the Resolution. (b) The City reserves the right to satisfy its obligations under the Resolution through agents; and the City may appoint such agents without the necessity of amending the Resolution. The City may also appoint one or more employees of the City to monitor and be responsible for the City's undertaking under the Resolution. (c) `Beneficial Owner" shall mean,for purposes of the City's undertaking, any person which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any 2015 Bonds (including persons holding 2015 Bonds through nominees, depositories or other intermediaries), or(ii)is treated as the owner of any 2015 Bonds for federal income tax purposes. On March 31, 2014, the City filed a material events statement with EMMA, which provided that the City will be late in filing it Annual Information for the Fiscal Year ended September 30, 2013. Such Annual Information was file on May 6, 2014. [Other than as provided above, the City has not failed to materially comply with any previous undertaking in a written contract or agreement to provide continuing disclosure pursuant to the Rule]. PENSION PLANS Defined Benefit Plans General Employees' Pension Fund. The General Employees' Pension Fund (the "GEPF") is a single-employer defined benefit plan administered by an eight (8) member board of trustees. The GEPF covers all City employees after one year of credited service, excluding the members of the Commission, the City Manager and assistants, the City Attorney and assistants, and department heads if they elect not to participate, and police and firefighters covered under the Police and Firefighters' Retirement System Fund, as described below. The benefit provisions and all other requirements of GEPF are established by ordinance of the City which is codified in the City's Code of Ordinances at and are summarized in the City's Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 201[3], which is attached hereto as APPENDIX B. Under the vesting provisions of the GEPF, employees are entitled to fifty percent (50%) of normal retirement benefits after five (5) years of service, plus ten percent (10%) after each additional year. Normal retirement eligibility changed effective October 5, 2010, upon adoption of Ordinance No. 33-10, from the earlier of age 60 within ten years of service or 30 years of service regardless of age to the earlier of age 62 with ten years of service or 30 years of service regardless of age. This change does not apply to members who were within ten years of normal retirement eligibility as of October 5, 2010. Normal retirement eligibility for employees hired after October 5, 2010, is age 65 with ten years of service. Employees with 10 years of credited service and eligible for normal retirement have the option of entering the Deferred Retirement Option Plan (the "DROP"). Each participant of the GEPF in DROP will not terminate employment with the City, but will cease accruing a pension benefit, and the monthly benefit under the applicable plan as of the election date will be directed to a self-administered 401(a) Plan. After a maximum of 60 months,the employee must terminate employment with the City. 24 Contributions to the GEPF is a combination of employee contributions and City contributions. Effective October 5, 2010, the employee contributions amounts changed from 2.5% of the employee's basic annual compensation to 3.05%. If the employee choses the 3% multiplier, there is an additional contribution of 3.45%for a total of 6.5%. If an employee leaves covered employment or dies before five years of credited service, accumulated employee contributions are refunded to the employee or the designated beneficiary. City contributions are based upon actuarially determined amounts, which together with earnings and employee contributions, are sufficient to fund the Plan. Police and Firefighters Retirement System Fund. The Police and Firefighters Retirement System (the "PFRS") is a single-employer defined benefit plan administered by a separate board of trustees. The PFRS covers all of the City's non-civilian police and firefighter employees. The benefit provisions and all other requirements of PFRS are established by the Florida Legislature and provided by ordinance of the City which is codified in the City's Code of Ordinances at and are summarized in Note 13 to the City's Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 201[3],which is attached hereto as APPENDIX B. Under the vesting provisions of the PFRS, employees are entitled to one hundred percent (100%) of normal retirement benefits after ten (10) years of service. Employees are eligible to retire after twenty (20) years of service, regardless of age, or at age fifty-five (55), with ten (10) years of service. Normal retirement benefits are based upon 2.5% of average monthly earnings times years of service up to 20 years, with a maximum benefit of 75% of average monthly compensation. After twenty (20) years of service, a 3% multiplier is used for each year of service. Members who were actively employed as of March 15, 2004 may elect a normal retirement benefit using a 3.5% multiplier for each year of service once twenty (20) years of service is attained with a maximum benefit of 87.5% of average monthly compensation. Employees selecting this option will contribute an additional 3%of earnings. The normal retirement benefit is payable over the remaining life of the member, and upon death 100% of the benefit is payable to the spouse for one year and 60%thereafter until death or remarriage. Members who continue in employment after completion of twenty(20)years of service may enter the DROP. Each participant of the PFRS in the DROP, will continue employment with the City, but will cease accruing a pension benefit under the plan, and the monthly benefit as of the election date will be directed to a self-administered 401(a)plan. After a maximum of 60 months,the employee must terminate employment with the City. Effective October 4, 2011,the contribution amount for police officers was raised to 6%of annual compensation. Effective May 3, 2011, the contribution amount for firefighters was raised to 6% of annual compensation. Members who selected a 3.5% multiplier will contribute 9%. If an employee leaves covered employment prior to vesting, contributions are refunded to the employee with interest. Pursuant to Chapters 175 and 185, Florida Statutes, a premium tax on certain casualty insurance written on properties within the City is collected by the State and remitted to the City annually for the PFRS. City contributions are based upon actuarially determined amounts which, together with earnings, employee and State contributions, are sufficient to fund the PFRS Plan. Membership, actuarial method and significant assumptions concerning the GEPF and the PFRS may be found under Note 13 to the City's Comprehensive Annual Financial Report for Fiscal Year Ended September 30,201[3],which is attached hereto as APPENDIX B. 25 Annual Pension Cost and Funding te. Annual pension cost is a measure of the periodic cost of an employer's participation in a defined benefit pension plan. The annual pension cost for the GEPF and the PFRS for the last three (3)Fiscal Years are as follows: Year Ended September 30 Annual Net Pension General Employee' Pension Percentage Obligation Pension Fund Cost Contributed Asset 2013 $2,522,126 93.8% $ 156,506 2012 2,365,620 100 - 2011 2,305,292 100 - Police and Firefighters' Retirement System Fund 2013 $6,599,523 100% $(132,018) 2012 7,968,408 100 (128,704) 2011 6,986,348 100 (133,794) The funded status of the GEPF and the PFRS as of October 1, 2012,the most recent actuarial valuation date is as follows: Actuarial Unfunded Accrued Actuarial UAAL as a Liability Accrued Percentage of Actuarial Value of (AAL) Liability Funded Covered Covered Plan Valuation Assets Entry Age (UAAL) Ratio Payroll Payroll Date (a) (b) (b-a) (a/b) (c) [(b-a/c] General Employees' 10/01/12 $94,654,819 $98,232,171 $3,668,352 96.3% $16,937,526 21.7% Police and Firefighters' 10/01/12 $123,483,089 $212,151,586 $88,668,497 58.2% $16,936,295 523.5% For other Employee Benefit Plans, see Note 13 to the City's Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 201[3],which is attached hereto as APPENDIX B. GASB STATEMENT NO.45 The Government Accounting Standards Board("GASB"),which establishes financial reporting and accounting requirements for governmental entities,issued its Statement No. 45 in June 2004("GASB 45"). GASB 45 details the financial reporting guidelines that require state and local governmental entities to report their unfunded actuarial accrued liabilities for health care and other non-pension post-employment benefits (collectively referred to as "OPEB") as well as their annual OPEB costs. Historically, governmental entities generally accounted for OPEB on a pay-as-you-go basis, reporting only the cost of OPEB due in the current fiscal year. As a result of GASB 45, governmental entities are required to utilize 26 an actuarial method of accounting that takes into account unfunded liabilities related to OPEB. In order to receive a clean opinion in its annual audit, governmental entities have to comply with the requirements of GASB 45. The City provides a post-employment health insurance benefit for its general employees ("OPEB Plan") that provides medical and life insurance benefits to eligible retired employees and their beneficiaries. The OPEB Plan is financed on a"pay-as-you-go"basis and is not administered as a formal qualifying trust and does not issue a publicly available financial report. OPEB Plan members receiving benefits contribute 100% of the monthly premiums ranging from a minimum of$423 to a maximum of $1,781 for medical/prescription coverage and at a rate of $0.18 per $1,000 of the face value for life insurance coverage. The Police, Firefighters &Paramedics Retiree Benefit Fund (the `Benefit Fund")was established for the purpose of providing full or partial reimbursement for health insurance premiums or other qualified benefits under the internal revenue code. The Benefit Fund was created pursuant to collective bargaining agreements between the City and the various unions. A trust was created on May 14, 2002 and is administered by a separate board of trustees. See Note 14 to the City's Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 201[3], which is attached hereto as APPENDIX B for more information regarding the OPEB Plan and the Benefit Fund, including actuarial methods and significant assumptions. The following is the annual OPEB cost for the last three fiscal years calculated based on the annual required contribution of the employer (ARC), an amount actuarially determined in accordance with the parameters of GASB Statement No. 45. Year Ended September 30 Annual Net OPEB OPEB Percentage Obligation OPEB Plan Cost Contributed Asset 2013 $1,383,330 30% $ 3,569,827 2012 1,283,914 47 2,605,995 2011 1,230,663 42 1,925,071 Benefit Fund 2013 $684,128 67% $ 183,098 2012 684,128 67 (42,626) 2011 572,664 115 (268,352) [Remainder of Page Intentionally Left Blank] 27 Annual OPEB costs is a measure of the periodic cost of an employer's participation in a defined benefit OPEB plan. Set forth below is a description of the City's annual OPEB costs and net OPEB obligation for the Fiscal Year ended September 30, 201[3]: OPEB Plan Benefit Fund Annual Required Contribution $ 1,372,414 $ 689,143 Interest on Net OPEB Obligation 117,271 (21,468) Adjustment to ARC (106,355) 16,453 Annual OPEB Cost 1,383,330 684,128 Actual Contributions Made (419,498) (458,404) Change in Net OPEB Obligation (Asset) 963,832 225,724 Net OPEB Obligation at October 1, 2012 2,605,995 (42,626) Net OPEB Obligation at September 30,2013 $ 3.569.827 183,098 The funded status of the OPEB Plan and the Benefit Fund as of the most recent actuarial valuation date is as follows: Actuarial Unfunded Accrued Actuarial UAAL as a Liability Accrued Percentage of Actuarial Value of (AAL) Liability Funded Covered Covered Plan Valuation Assets Entry Age (UAAL) Ratio Payroll Payroll Date (a) (b) (b-a) (a/b) (c) [(b-a/c] OPEB Plan 10/01/12 - $15,636,209 $15,636,209 0.00% $39,412,194 39.67% Benefit Fund 10/01/11 $3,155,585 $ 9,581,135 $ 6,425,550 32.9% $20,647,352 31.10% For more information on the OPEB Plan and the Benefit Fund, see Note 14 to the City's Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 201[3], which is attached hereto as APPENDIX B ENFORCEABILITY OF REMEDIES The remedies available to the owners of the 2015 Bonds under the Resolution, the Bond Insurance Policy and Surety Bond referred to herein are in many respects dependent upon judicial actions which are often subject to discretion and delay. Under existing Constitutional and statutory law and judicial decisions, including specifically Title 11 of the United States Code,the remedies specified by the Federal Bankruptcy Code, the Resolution, the 2015 Bonds, the Bond Insurance Policy and Surety Bond referred to herein may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the 2015 Bonds (including Bond Counsel's approving 28 opinion) will be qualified as to the enforceability of the various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency, or other similar laws affecting the rights of creditors or by such principles of equity as the court having jurisdiction may impose with respect to certain remedies which require or may require, enforcement by a court of equity. MUNICIPAL BOND INSURANCE OPTION This Preliminary Official Statement has been provided to major municipal bond insurers. In the event that the successful bidder or bidders for the Series 2015 Bonds elect to purchase insurance for one or more maturities, at its expense,the appropriate disclosure regarding such bond insurer and its policy of insurance will be included in the final Official Statement at this location. LITIGATION There is no litigation or controversy of any nature now pending or threatened (i) to restrain or enjoin the issuance, sale, execution or delivery of the 2015 Bonds or (ii) in any way questioning or affecting the validity of the 2015 Bonds,the Resolution, any proceedings of the City taken with respect to the authorization, sale or issuance of the 2015 Bonds or the pledge or application of any moneys provided for the payment of the 2015 Bonds The City is a party from time to time to various lawsuits incident to its operations. In the opinion of Noel M. Pfeffer, Esquire, City Attorney, there are no pending legal proceedings to which the City is a party, the ultimate disposition of which would have a material adverse effect on the finances or operations of the City or its ability to meet its obligations with respect to the 2015 Bonds. GENERAL PURPOSE FINANCIAL STATEMENTS The General Purpose Financial Statements (the "Financial Statements") and other information of the City for the fiscal year ended September 30, [2013], are included in APPENDIX B to this Official Statement. Such excerpts from the City's Comprehensive Annual Financial Report, including the auditor's report thereon, have been included in this Official Statement as public documents and consent from the auditors was not requested. The Financial Statements have been audited by [Caler, Donten, Levine, Cohen, Porter&Veil, P.A., independent auditors]. The auditors have not performed any services relating to, and are therefore not associated with,the issuance of the 2015 Bonds. FINANCIAL ADVISOR The City has retained Public Financial Management, Inc., Orlando, Florida, as financial advisor (the "Financial Advisor") to the City in connection with the preparation of the City's plan of financing and with respect to the authorization and issuance of the 2015 Bonds. Although the Financial Advisor assisted in the preparation of this Official Statement,the Financial Advisor has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness or fairness of the information contained in this Official Statement. Public Financial Management, Inc. is a financial advisory consulting organization and is not engaged in the business of underwriting, marketing or trading of municipal securities or any other negotiable instruments. DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS Section 517.051, Florida Statutes, and the regulations promulgated thereunder requires that the City make a full and fair disclosure of any bonds or other debt obligations that it has issued or guaranteed 29 and that are or have been in default as to payment of principal or interest at any time after December 31, 1975 (including bonds or other debt obligations for which it has served as a conduit issuer such as industrial development or private activity bonds issued on behalf of private businesses). The City is not and has not ever been in default as to principal and interest on its bonds or other debt obligations. MISCELLANEOUS All information included herein has been provided by the City, except where attributed to other sources. The summaries of and references to all documents, statutes, reports and other instruments referred to herein do not purport to be complete, comprehensive or definitive, and each such reference or summary is qualified in its entirety by reference to each such document, statute, report or other instrument. Copies of all such documents referred to herein are on file with the City Clerk of the City at 100 N.W. First Avenue, Delray Beach, Florida 33444. The information herein has been compiled from official and other sources and, while not guaranteed by the City is believed to be correct. As far as any statements made in this Official Statement and the appendices attached hereto involve matters of opinion or of estimates, whether or not expressly stated, they are set forth as such and not as representations of fact and no representation is made that any of the estimates will be realized. Neither this Official Statement nor any statement that may have been made verbally or in writing is to be construed as a contract with the owners of the 2015 Bonds. [Remainder of Page Intentionally Left Blank] 30 AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT The execution and delivery of this Official Statement has been authorized and approved by the City Commission. Concurrently with the delivery of the 2015 Bonds, the undersigned will furnish their certificate to the effect that,to the best of their knowledge,this Official Statement, other than information provided by DTC did not as of its date, and does not as of the date of delivery of the 2015 Bonds, contain any untrue statement of a material fact or omit to state a material fact which should be included therein for the purpose for which this Official Statement is to be used, or which is necessary in order to make the statements contained therein, in the light of the circumstances in which they were made,not misleading. CITY OF DELRAY BEACH,FLORIDA By: Mayor By: City Manager WPB 383392133v2 31 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Kristina Maricic, Administrative Officer Jeffrey S. Goldman, Police Chief THROUGH: Donald B. Cooper, City Manager DATE: January 23, 2015 SUBJECT: AGENDA ITEM 9.D.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 RESOLUTION NO. 15-151 CDW-GOVERNMENT,INC. BACKGROUND The Police Department seeks an approval to replace current Panasonic Toughbook laptops with one hundred and forty-five (145) new Panasonic Toughbook laptops. Current laptops are about five years old and are starting to experience issues due to a normal wear and tear after constant daily use for the past five years and outdated technology. The laptops are also running on Windows XP system that stopped being supported by Microsoft as of April 8, 2014. This means that Microsoft will no longer be doing security updates and/or bug fixes to this operating system. In addition, our Virtual Network Provider NetMotion will no longer support their software on any Windows XP machine as of January 1, 2015 and more software vendors are anticipated to start discontinuing support for Windows XP. NetMotion's software runs on every Police Department issued laptop and allows all our mobile users to securely connect back to our Network and is necessary to meet CJIS (Criminal Justice Information Services) security requirements. The laptops are used daily by our Sworn personnel, Patrol, Impact Teams and Special Operations Units. Quotes were first requested from three major vendors, CDW-Government, Inc., Insight and PCMG. The City received pricing based on the State of Florida Alternate Contract Source agreement. The vendor with the lowest quote, CDW-Government, Inc. was then asked to also provide lease options and pricing. There are several leasing options available, with and without buyout at the end of the lease. The most cost effective option is a three (3) year fair market value lease. The total price for a three (3) year lease is $544,521. The Police Department would like to go with a lease option due to the cost as well as more streamlined replacement of the laptops in the future. FINANCIAL DEPARTMENT REVIEW Finance recommends approval. Based on our understanding of the PD plan to replace its laptop fleet on a three year cycle, the recommended three year lease with fair market value buyout option is the most attractive. DISCUSSION This item is before Commission to approve a lease of 145 laptops for the Police Department through CDW-Government, Inc. for a total cost of$544,521. OPERATING COST The annual lease payment will be $ 181,507. The recommended lease financing option results in three year total payments of $ 544,521, which is a $ 30,000 simple saving compared to purchasing the equipment for cash. TIMING OF THE REQUEST The request is time sensitive due to outdated technology, unsupported software and CHS compliance issues. FUNDING SOURCE Laptop replacement is currently in the Capital Improvement Plan; Finance will determine which account to use. RECOMMENDATION The Department recommends approval. RESOLUTION NO. 15-15 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE ACQUISITION OF ONE HUNDRED FORTY FIVE PANASONIC TOUGHBOOK LAPTOPS FROM CDW- GOVERNMENT, INC. FOR THE POLICE DEPARTMENT, DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD IS NOT IN THE BEST INTEREST OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the Police Department has utilized Panasonic Toughbook Laptops for since 1998; and WHEREAS the State of Florida Contract pricing is an Alternate Contract Source utilizing the U.S. Communities pricing contract RQ09-997736-42-D;and WHEREAS the contract was awarded by the County of Fairfax, Virginia;and WHEREAS, the City of Delray Beach purchasing code, Chapter 36.02(7) restricts the utilization of other governmental contracts to within the State of Florida or the United States government; and WHEREAS, quotes for Panasonic Toughbook Laptops were solicited utilizing the U.S. Communities pricing contract;and WHEREAS, the operating systems software, Windows XP is no longer being supported by Microsoft; and WHEREAS, the Police Department patrol officers utilize the Panasonic Toughbook Laptops to provide public safety to the residents of the City of Delray Beach;and WHEREAS, Section 36.02(c)(11) of the City's Code of Ordinances provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotation Method where the City Commission declares by at least a four-fifth (4/5) affirmative vote that the Sealed Competitive or the Written Quotation Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four- fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations Procurement Method is not in the best interest of the City. The City Commission declares that the ACQUISITION OF ONE HUNDRED FORTY FIVE PANASONIC TOUGHBOOK LAPTOPS FROM CDW-GOVERNMENT, INC. FOR THE POLICE DEPARTMENT, is in the best interest of the City. Section 3. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 4: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this the day of . 2015. MAYOR ATTEST: City Clerk CDWG.com 1 800.594.4239 OE400SPS SALES QUOTATION 'QUOTE NO. ACCOUNT NO. DATE FSMQ584 5516432 11/20/2014 BILL TO: SHIP TO: MARLO DAHL CITY OF DELRAY BEACH 100 NW 1ST AVE Attention To: MARLO DAHL MANGT INFO SYSTEMS 100 NW 1ST AVE MANGT INFO SYSTEMS Accounts Payable DELRAY BEACH , FL 33444-2612 DELRAY BEACH , FL 33444-2612 Contact: MARLO DAHL 561.243.7865 Customer Phone#561.243.7865 Customer P.O.#CF31 W/4G QUOTE ACCOUNT •D TERMS EXEMPTION MIKE ZORICA 866.339.3535 FEDEX Ground MasterCard/Visa Govt 85801262155904 QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED PRICE 145 3162827 BTO PAN 15-3340M 50OGB 4GB W7P 3,579.00 518,955.00 Mfg#: CF-31 WBLCH1 M Contract: Florida Panasonic WSCA B27172 250-WSCA-10-ACS Windows 7 Professional with rights to Win8 Pro Upgrade Intel Core i5-3340M 2.7GHz 13.1"Touchscreen 50OGB Shock Mounted Hard Drive 4GB WiF1, Bluetooth 4G LTE Dual Pass Fingerprint Reader Emissive Backlit Keyboard Toughbook Preferred 145 1695772 PANASONIC 3YR TB PREMIER SVC 77.59 11,250.55 Mfg#: CF-S09SLC3 Contract: Florida Panasonic WSCA B27172 250-WSCA-10-ACS Electronic distribution-NO MEDIA 145 2763011 PANASONIC MULTI-DRIVE F/CF-31 MK3 261.58 37,929.10 Mfg#: CF-VDM312U Contract: Florida Panasonic WSCA B27172 250-WSCA-10-ACS 145 3095959 EDGE 4GB DDR3 PC3-1_12800 SODIMM 43.00 6,235.00 Mfg#: PE236977 Contract: National IPA Technology Solutions 130733 SUBTOTAL 574,369.65 FREIGHT 0.00 TAX 0.00 I Ei1 Please remit payment to: CDW Government CDW Government 75 Remittance Drive 230 North Milwaukee Ave. Suite 1515 Vernon Hills, IL 60061 Fax: 312.705.8218 Chicago, IL 60675-1515 This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdw.com/content/terms-conditions/product-sales.asp For more information, contact a CDW account manager. Lenovo Financial Payment Proposal To: Marlo Dahl From: Mark Maltese— Business Development Manager Date: 11/25/2014 Re: Payment Quote for City of Delray Beach Lenovo Financial Services (LFS) is pleased to propose the following equipment financing solution. I would like to discuss with you in greater detail how LFS can assist you in creating a sustainable refresh plan for your IT equipment. LFS is uniquely qualified to support and manage opportunities with customized and integrated processes that complement or work in parallel with Lenovo and CDW. Some benefits you may enjoy when financing with us are: • Total Life-Cycle Management—We offer life-cycle management of your technology assets from acquisition to disposition allowing your organization to always have the most current technology at the lowest cost. LFS will work with CDW to insure a seamless procurement process. • Lower Upfront Costs— 100% financing reduces deployment costs, providing your company with an ability to acquire the IT assets you need today without impacting cash flow. In addition to preserving working capital and keeping credit lines in tact, using an LFS finance solution allows a quicker ROI. • Ability to Bundle Costs— LFS offers you the option of financing your entire IT solution including, hardware, software, and CDW's services into one transaction. • Protection Against Advancing Technology— Financing through LFS allows you to utilize the latest technological advances with minimal financial impact or risk. Depending upon the lease structure selected you can add-on or upgrade during the term of the contract, or you can choose to return, extend or purchase the assets at the end of the contact. • Premier Client/Optional Services—We will assign a dedicated specialist to serve you during the life of the relationship. Your specialist develops a deep understanding of your invoice and payment requirements as well as other unique elements of your transaction. LFS welcomes the opportunity to discuss optional services such as pack and ship and data scrubbing with certification. • Quality Digital Services (QDS) - QDS is our online customer portal allowing you 24/7 access to manage your IT assets. From this site you can manage your entire portfolio of lease schedules and contract information. Details for this transaction are as follows: Equipment: Panasonic Toughbooks per CDW Sales Quote #FSMQ584 Equipment Cost: $574,369.65 (including freight and excluding taxes) Term: 3 & 4 years First Payment Date: Your first payment will be due 30 days after equipment delivery. That gives your organization time to install the equipment and process the first payment. We do not require advance payments. Lease Payment: Option 1 3 year - $181,507/year 4 year - $146,171/year Option 2 3 year - $204,740/year 4 year - $158,182/year Purchase Options: Option 1: Fair Market Value Option 2: $1 Buyout End of Lease Options: Option 1: At the end of the lease term, provided all obligations have been met, you may exercise one of the following options: 1) Return some or all of the equipment to LFS, or 2) Purchase some or all of the units for the then Fair Market Value as defined in the MLA, or 3) Renew some or all, of the units for a fixed term at the Fair Market Value renewal rate. Option 2: Purchase the equipment for$1.00. Recommendation: LFS recommends Fair Market Value (FMV) purchase option structures. FMV plans provide the lowest monthly payment and highest level of end of lease equipment flexibility. This allows you to refresh technology at the lowest total investment. Interim Rent: Many of our competitors charge Interim Rent. This is the per diem cost from the date of delivery to the beginning of the next billing cycle. LFS does not believe in this extra charge. Documentation: LFS participates in funding arrangements with different funding sources in order to offer the best solution possible. Actual documentation may not come from LFS. Pricing Conditions: The rate factor used to determine the payment provided in your quote, and on this Lease, is valid for 30 days from the date the quote was issued. Between the 30th and 180th day, the rate factor used in establishing your payment may change if the like term swap rates move by more than 25 basis points from the like term swap rate in effect on the date your quote was issued. LFS reserves the right to re- price this transaction in the event of a major dislocation in the financial markets or after 120 days past the quote date. LFS trusts you will find the above proposal acceptable to your specific financing needs. Please let me know if you would like us to present alternative terms and pricing that may better suit your requirements. I look forward to working with you. I will be contacting you soon to discuss this proposal in greater detail. Best regards, Mark Maltese Business Development Manager Phone: 630-293-5398 Email: mark.maltesea-lenovoFS.com Web: www.lenovoFS.com Fair Market Value and $1 Lenovo Purchase Option Leases Financial Services Which Lease Structure is Best for You? The most common leases that organizations use to acquire Out - Option technology equipment are Fair Market Value (FMV) and $1 out • Out Purchase Option purchase option leases. Each has merits depending upon your • own - equipment. good needs. option you are confident y• equipment for an Fair Market Value extended period beyond An FMV lease offers the lowest monthly payment, is the most flexible lease structure, and may allow you to obtain tax advantages. Technically, you don't own the equipment (think of it like renting over The monthly payments are higher a fixed period of time). The equipment may not be considered an than the FMV lease because • are asset on your balance sheet. Depending upon your situation, up to financing 0'• of - equipment 100% of the finance expense may be tax deductible. This treatment cost. Typically, you - considered can improve finance ratios such as return on assets.* the owner of - equipment, may provide you with depreciation At the end of the lease term, you may purchase the equipment, return and interest expense •- - • the equipment to the finance company, or continue to pay for use of taxes and accounting purposes.* the equipment according to the terms of the original agreement. The FMV purchase price may depend upon many factors such as how quickly new technologies have advanced, the price for those new _ equipment capabilities, the condition and usage levels of the leased equipment, Ability fixed• • and the used equipment market demand for that particular • price equipment. Offers - benefits of • • Summary: without the large, upfront cost * May have significant tax and • Little or no upfront cost accounting benefits • Lower monthly payments than $1 out purchase option leases Consult your tax advisor. Lenovo cannot Financial Services provide • 100% financing may be available, including software and services tax advice. • Moves the burden of technology obsolescence to the finance company • Can return the equipment at the end of lease without further obligation Ask your Lenovo • - -• - - - or your technology provider about using • Avoids the hassle of complying with e-waste disposal regulations Lenovo Financial Services. - . . com under"Services&Warranty." • May have significant tax and accounting benefits �e/70V0 The Lenovo logo is a trademark of Lenovo in the United States, other countries,or both.©2010 Lenovo,all rights reserved. - Insight Public Sector SLED 6820 S HARL AVE Insi hto TEMPE AZ 85283-4318 9 Tel:800-467-4448 PUBLIC SECTOR SOLD-TO PARTY DELRAY BEACH POLICE DEPT 300 W ATLANTIC AVE Quotation DELRAY BEACH FL 33444-3666 USA Quotation Number Creation Date 216251445 21-NOV-2014 PO Number SHIP-TO ADDRESS PO Release DELRAY BEACH POLICE DEPT Customer No. 10370903 300 W ATLANTIC AVE DELRAY BEACH FL 33444-3666 Sales Rep Ricardo Pryor USA Email rpryor @insight.com Telephone 800-467-4448 X 6992 Sales Rep 2 Brian Mayer Email bmayer @insight.com Telephone 800-467-4448 X 3085 We deliver accordinq to the followinq terms: Payment Terms Net 30 days Ship Via Insight Assigned Carrier/Ground Terms of Delivery FOB DESTINATION Currency USD QUOTE IS VALID FOR 30-DAYS Material Description Quantity Unit Price Extended Price CF-31WBLCHlM Panasonic TB31 -Win7,Intel Core i5-3340M 2.70GHz, 145 3,785.00 548,825.00 vPro, 13.1"XGA Touch,500GB(7200rpm),4GB,Intel WiFi alb/g/n,TPM,Bluetooth,Dual Pass (Upper:WWAN/Lower:Selectable),4G LTE Multi Carrier (MC7355),Fingerprint, Emissive Backlit Keyboard,No Drive,Toughbook Preferred U.S. COMMUNITIES IT PRODUCTS&SERVICES(#4400001195(RQ09-997736-42B)) CF-WMBA1304G Panasonic-DDR3L-4 GB-SO DIMM 204-pin 145 96.50 13,992.50 U.S. COMMUNITIES IT PRODUCTS&SERVICES(#4400001195(RQ09-997736-42B)) Page 1 of 3 InsiV ht, Quotation Number/ Creation Date 9 216251445 / 21-NOV-2014 PUBLIC SECTOR Material Description Quantity Unit Price Extended Price CF-VDM312U Panasonic DVD MULTI Drive CF-VDM312U -DVD±RW/ 145 276.50 40,092.50 DVD-RAM drive U.S. COMMUNITIES IT PRODUCTS&SERVICES(#4400001195(RQ09-997736-42B)) CF-S09SLC3 Panasonic Premier Service Level Program -3 years 145 82.75 11,998.75 warranty-3 years U.S. COMMUNITIES IT PRODUCTS&SERVICES(#4400001195(RQ09-997736-42B)) Product Subtotal 602,910.00 Services Subtotal 11,998.75 Tax 0.00 Total 614,908.75 Thank you for considering Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering. Sincerely, Ricardo Pryor 800-467-4448 Ex 6992 rpryor @insight.com Fax: 480-760-7266 Brian Mayer 800-467-4448 Ex 3085 bmayer @insight.com Fax: 480-760-9162 Page 2 of 3 InsiV ht, Quotation Number/ Creation Date 9 216251445 / 21-NOV-2014 PUBLIC SECTOR U.S. Communities IT Products, Services and Solutions Contract No. 4400001195 (RQ09-997736-42B) Insight Public Sector (IPS) is proud to be a contract holder for the U.S. Communities Technology Products and Technology Services/Solutions Contract. This competitively solicited contract is available to participating agencies of the U.S. Communities Government Purchasing Alliance. U.S. Communities assists local and state government agencies, school districts (K-12), higher education, and nonprofits in reducing the cost of purchased goods by pooling the purchasing power of public agencies nationwide. This is an optional use program with no minimum volume requirements and no cost to agencies to participate. In order for Insight to accept Purchase Orders against this contract and honor the prices on this quote, your agency must be registered with U.S. Communities. Our sales teams would be happy to assist you with your registration. Please contact them for assistance--the registration process lasts less than five minutes. Thanks for choosing Insight! Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options. Subject to IPS Terms&Conditions online unless purchase is being made pursuant to a separate written agreement in which case the terms and conditions of the separate written agreement shall govern. https://www.ips.insight.com/us/en/terms-conditions/terms-of-sale-products.html Page 3 of 3 N 00 Op Op OO OO O O N 00 r V 0 CD O) M N LO 00 N cn LO Cl) (09 C (n ° a Q ER ER ER ER Q N � ER ER ER ER pL 3 X L6 N 0 0 0 0 ooMlO off c: U O LL J_ r N O 00 - ~ M M M 2E 0 DO r 1 N OJ le N N U) W r cu Q DON N ER ER ER ER � CO 3 O O U) Q LL w w d M M M M U) c6 Cc .Q U U U U o Lp 0 LL Q Q Q Q N U -6 O O O O Q N w Q Q Q Q O w 0 U U U U ° H 2 0 0 0 0 -2 E m U) N N N N C .� U) X CO N co 0 O N 0 W 0 w N Lo '3 ° O 0 LD O MCM Q' 0) N X Q N LLn N Q W U LL Q N Q �l O O U w 0 N 0) T N � LL Y d w LL W C iii Q > W G N L m a N O W ° E p L0 — � ` E N M � c� c LL U O� OO U ` U U Q W w LL W Z U) ~ N z O a � a' a O N 0 w O ; O E d CL ? `m a 2 M M 2E LJi Q �, 0_ LLl 0 a ~ 0 Q W M In LL LL W 2 z LL o Q Y O — aLu J J — U V a U — O T -° Z 00 O_ E m m LL W Q' m co Q C N o Q W O O Y } U W m m W p N Q > 2 O LL LL O Q z 0) O W CO U U O of Q c z onwmF-LU LJL1 > 0 = w � ~ a �' Mp 0 N � aH� m ^ H � � C� D J � m m Qz a� W N om0 �� Qv zp � 0 02 � T (D a) z } O Z CD N z J Q } } p C U d V Q- 0 co Z m M U U O V 0 p ................ 0 H LU � 0z L1 � O � y 2E 0 L o � U Z 2 N M fn Q Q ) W U LL U U J ED o rn Y ° W p000 M LL > LL N LL U Li U LL LL U U ° cu d co 0 LO N O) O O r r Cl) N 00 O V O 00 � W O LO 00 LO le r N 00 O le O) O) O) O) N V CO E M 00 a U U U U z m mm E C? C) U U U U O v z z z z E m m Y M M M M -a Ol z z z z U c yp o o m d a d a O LO LO LO LO d U C, t cc a O LL U a w U N Cl) V w MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: February 13, 2015 SUBJECT: AGENDA ITEM 10.A.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 ORDINANCE NO.02-15(SECOND READING/SECOND PUBLIC HEARING) BACKGROUND At the first reading on February 3, 2015, the Commission passed Ordinance 02-15. DISCUSSION This ordinance is before Commission for second reading to consider city-initiated amendment to the Land Development Regulations (LDR) of the City of Delray Beach; Repealing and Replacing Section 4.4.13, "Central Business District (CBD)", with new zoning regulations and reducing the allowable building height on Atlantic Avenue between Swinton Avenue and Intracoastal Waterway. RECOMMENDATION Recommend approval of Ordinance No. 02-15 on second and final reading. ORDINANCE NO. 02-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; REPEALING AND REPLACING SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT (CBD)" WITH NEW ZONING REGULATIONS; REDUCING THE ALLOWABLE BUILDING HEIGHT ON ATLANTIC AVENUE BETWEEN SWINTON AVENUE AND THE INTRACOASTAL WATERWAY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the distinctive character of each district; and WHEREAS, the City Commission seeks to update its land development regulations to ensure the highest quality built environment and enhance multi-modal mobility options; and WHEREAS, the existing land development regulations for the Central Business District need to be reorganized and substantially modified to make these regulations understandable to the public, predictable to landowners, and easier for the city to administer; and WHEREAS, prior to public hearings before the City Commission, all proposed amendments to the city's land development regulations must be reviewed by the Planning and Zoning Board pursuant to LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held on October 6, 2014 and recommended on a vote of 6-0 that the City Commission approve these amendments. Pursuant to Florida Statutes 163.3174(4)(c),the Planning and Zoning Board, sitting as the Local Planning Agency, has determined these amendments to be consistent with the Delray Beach Comprehensive Plan; and WHEREAS, the City Commission, at duly noticed public hearings on 12015, and on , 2015, received and considered comments from the Planning and Zoning Board and from the public, and gave careful consideration to all aspects of this ordinance; and WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the land development regulations be amended as described in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH,AS FOLLOWS: Section 1. That Section 4.4.13 of the land development regulations, "Central Business District (CBD),"hereby deleted in its entirety and replaced with a new Section 4.4.13,which is set forth in Exhibit"A"to this ordinance and made a part hereof. For clarity,the deleted Section of 4.4.13 is attached hereto as Exhibit`B,"and made a part hereof. Section 2. That should any section or provision of this ordinance, or any paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. 1 ORD.NO. 02-15 Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2015. MAYOR ATTEST: City Clerk First Reading: Second Reading: 2 ORD.NO. 02-15 r., - . : . • - . ■■11■ � �� . ■L ■ice II■11: ,�� i S � l� • • • • • IIIII■ ♦�1 /`'■11111■ � = • �_:�■ � IIIIII��■111■ � � �� ■ � - IRWIN — - ,jo■ �■ ■■�� ■■ • • – – – ' – : . . � ■ _ � X11■ ■■ . �. t.� 11 �■ � r -� --- „-a_Ill�ll��llr • – – . .• –• • – • •–• –• — �■ is '■- `-,� — — — .. . �1 ■. Via? =i ■��■� �■■I° a. Be • - - � III ■_� it:�lill ti !�! !J��1 K - ' – •– •– – •• – •– –• j� =� ,� �u 1111 ■■ €.�■� ••• 00 • • — — ■ • — — • lauiuul SECTION 4.4.13 (A) DRAFT: DRAFT: 2/11/15 (2) Beach Sub-District: The goal for this sub-district is to "preserve and enhance the character of these areas, the public condition of the beach, the vitality of its center, and the natural environment." The Master Plan calls for redevelopment of existing buildings in a manner that places storefronts close to the street and parking in the rear. Where existing buildings are separated from the pedestrian ways by wide landscaped areas, the addition of arcades and new building square footage to bring the storefronts closer to the street is encouraged. w z N LOWRY STREET MANOR HOUSE W 7 CONDO °: z FIRE DELRAY w STA. VETERANS SUMMIT Q a CRO YE a' PARK of CONDO W CONDO w B D � L�r C N ❑ BARR W lorr Q TERRACE CONDO w ESlDENC DELRAY BEACH INN a MARRIO TT A T L A N T C A V E N U E I � WATERWAY EAST a I Q COMMERCIAL CONDO N x Q Z N a BAR o D HARBOUR p U CONDO Q MIRAMAR DRIVE I` a DOVER HOUSE CONDO _j a OCEAN PLA CONDO O Figure 4.4.13-2— Beach Sub-district 4.4 - 59 SECTION 4.4.13 (A) DRAFT: 2/11/15 (3) West Atlantic Neighborhood Sub-district: The goal for this sub-district is to provide for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master Plan. The emphasis is on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. Figure 4.4.13-3—West Atlantic Neighborhood Sub-district I PARK CITY ATTORNEY BUILa7NC r_ YMnN LU HNC A. 0MVE Y e s sr OE = CITY HALL H.W. f IST r a s 'f x COMMUNITY CENTER nPE RESCUE DEPT TENNIS ®� STATION STADIUM AMOCO N0.1 A T L A N T I C A V E N U E WAY POLICE SOUTH EPTMENT COUNTY COMPLEX COURT V HOUSE r S.W. ,Sr IL € g a a w 210 Sr S.E. EMT FM[M 4.4 - 60 SECTION 4.4.13 (A) DRAFT: 2/11/15 (4) Railroad Corridor Sub-district: The goal for this sub-district is to HE allow for development of light r'uaux N.E. industrial type uses on properties HE. _5TH ST. that are in the downtown area, but zx 7 Wes.- N are in close proximity to the FEC "S 4 railroad. The purpose of the area is EEO JM RC to recognize the long-standing light _ industrial character of this railroad a corridor; to provide for the upgrading w and expansion of existing uses when appropriate; and to enhance U EM the economic growth of the central business district by providing employment opportunities in the downtown area. This sub-district is comprised of two nodes, one in ry2ry northern part of the CBD and one in the southern part of the CBD, as _M PTO shown in Figure 4.4.13-4. N $.E. xryo E. zao Z 6 � H Z 5 E. 7R6 3 C — N 00 r 0 E 9 i1X ON w i LL r � 55 5T ST, TEEN CENTER kj 6M ST. z Figure 4.4.13-4 -Railroad Corridor Sub-district 4.4 - 61 SECTION 4.4.13 (B) DRAFT: 2/11/15 (B) Regulating Plans. The Delray Beach Central Business District Regulating Plans depict additional information necessary to apply the standards contained in this Section and are hereby officially adopted as an integral part of these regulations. A Regulating Plan for each CBD Sub-District is provided in this section and versions at larger scales are available in the Planning and Zoning Department. The Regulating Plans depict the following information: (1) Primary and Secondary Streets and Alleys. Primary Streets are intended to develop over time as superior pedestrian environments and, as such, are held to higher standards in the regulations regarding building placement, building frontage, and the location of parking and service uses. Streets not designated as Primary Streets are considered Secondary Streets, which can accommodate service functions and vehicular-oriented development needs, including parking, loading, and drive-through facilities. Alleys are important assets in the CBD, performing many functions within small rights-of-way. (2) Required Retail Frontage. Certain streets within the CBD are intended to be lively, highly active pedestrian environments that support businesses and reinforce local character. Streets designated as Required Retail Frontage are held to stricter standards regarding allowable frontage types and uses located within side-walk level stories. (3) Parking and Transit Locations. The locations of public parking garages and the planned Tri-Rail Coastal Link station are mapped on the Regulating Plan. Parking requirements may be adjusted based on the proximity to these transportation resources. In addition, the Atlantic Avenue Parking Area is mapped, which has special parking requirements for restaurant and lounge uses. See Section 4.4.13(I). (4) Atlantic Avenue Limited Height Area. Building height is limited on a portion of Atlantic Avenue to help maintain the unique character of the City's historic main street. See Section 4.4.13(D). (5) West Atlantic Neighborhood Commercial Area. The location of commercial uses is limited within the West Atlantic Neighborhood Sub-district to protect established residential areas from commercial intrusion. (6) Old School Square Historic Arts District (OSSHAD) Zoning with CBD Overlay. Properties with OSSHAD Zoning with CBD Overlay may follow the Central Core Sub-district development standards for principal and accessory uses only and may not apply for conditional uses or participate in the Incentive Program in Section 4.4.13(H). 4.4 - 62 111111■ * �� ■ 1 ,� ; .11111■ �� .�_ �� ■■ CBD ZONING CENTRAL CORE ANN a BEACH ate- �� 1■11■11: ■' REQUIRED RETAIL IM ■I■' CIIIIIi1C ■■111■ ■■ ATLANTIC AVENUE PARKING DISTRICT PUBLIC PARKING GARAGE ■ III HI: �. r■■ w :1�¢I� ■ ■ I ■■ ■ice �i�y�� ■�. '°� �_ : ==rrt.efi:. OSS HAD ZON ING WITH C130 OV ER LAY - i 111' w=•� � ■ F- w^ ilf1111. w . ■E. " w� �■ �� TJT�a�� 1 ,. 111��r•• �� = ,r■��■■w■■ �� ■■■ fry■■ill■ �� .■ ■ice �_ ■■°C■ ■i�� ■■ H.E. 1 2ND STREET Ell INNER po H.E. 1ST STREET ,�I ■111 ■` k� _111111111-^ �� r � w� - - ■: .dpi' ■" w A T L A N i C �A/ V E H t) E R T L R N 7 1 C A V �E�H U E / 7. r r y i y i •r ■: � _ ■'ilili■ 1■ ■i .C ,i`�1■`I�€�`�i� r'� i� a 1■X111■�� ■ _■fit �. ■ �■ '1. ■� - =jt III=1■ ■■■■ ANN ■ ■ ■ ■■ .. -= �Illill INESUP ■ � .1. ■Al1 IM lowa ■ m Sam ■1 i_o..■o-■ _ ■I�ililN �■IiI��C i■ ■■-�. sf , ■■r ■I 11 II=-■=€N. ■ � � ■Mille Yii "lei Sam �■ _� d ■■ ■'p#I,,,T-1,;0 ■� i '11[iii[III ■ . �� ■■ �! ■ �■ wl� I■ 111lI111i1# _It � � � ,■■ �- r w. � SECTION 4.4.13 (B) DRAFT: 2/11/15 Figure 4.4.13-6—West Atlantic Neighborhood Sub-district Regulating Plan PARK CITY ATTORNEY � $N�L1fNC HAM L� InHC-0 DRS& ■ E� SF E CITY HALL H-W- r ISi SL x i 3 COMMUNITY CENTER FIRE RESCUE AFPT. TENN75 STAE]ium P;pq f N TEWAY POLfCE SOUTfi . EPTUENT COUNTY CMPLEX COURT NOVSE G G I ST. S.W. f Irr a � LEGEND CBD ZONING WEST ATLANTIC NEIGHBORHOOD WEST ATLANTIC NEIGHBORHOOD COMMERCIAL AREA REQUIRED RETAIL FRONTAGE PRIMARY STREETS PUBLIC PARKING GARAGE 4.4 - 64 SECTION 4.4.13 (B) DRAFT: 2/11/15 Figure 4.4.13-7—Railroad Corridor Sub-district Regulating Plan N 5M ET PU811% N.E. x° H.E. sm 51. R'AL- } - GREENS RC Q b.E. H.E. 2ND Q � Q O 2 N O I u N SE 2ND E. 2N0 N z D N E 4TH Y 6 SE. SfN ST, TEEN CENTER NEE::: cn� sr. ST. 0 wa wr y 4 a N LEGEND CBD ZONING RAILROAD CORRIDOR PINEAPPLE GROVE NEIGHBORHOOD PLAN �1111 PRIMARY STREETS 4.4 - 65 SECTION 4.4.13 (C) DRAFT: 2/11/15 (C) Allowable Uses (1) Principal, Accessory, and Conditional Uses. Table 4.4.13(A) identifies the allowable principal, accessory, and conditional uses for each area of the CBD. See Section 4.4.13(J) for approval standards. Streets designated as "Primary Streets" or "Required Retail Streets" on the Regulating Plan have additional standards. (2) Use Variations for Primary and Secondary Streets. Primary Streets are intended to be superior pedestrian environments and, as such, are held to higher standards regarding the location of certain uses, including parking. The Regulating Plan designates certain streets as "Primary Streets" and all other streets are considered to be "Secondary Streets." (a) Where a principal or accessory use does not have an "S" in Table 4.4.13(A), the use is permitted on both Primary and Secondary streets. (b) Where a principal or accessory use in Table 4.4.13(A) has an "S" in the column, the use is a "Secondary Street" use. 1. Secondary Street uses are permitted without limitations on Secondary Streets. 2. On Primary Streets, Secondary Street uses (including parking garage levels) shall be lined along the street for a depth of at least 20 feet on all stories by a use permitted on all streets (see Figure 4.4.13-8). 3. On Primary Streets, Public Parking Garages (as mapped on a regulating plan) shall be lined along the sidewalk level for a depth of at least 20 feet by a use permitted on all streets; a use liner is not required on upper levels. (c) The standards for Conditional Uses are in Section 4.4.13(K). 4.4 - 66 SECTION 4.4.13 (C) DRAFT: 2/11/15 Figure 4.4.13-8— Primary & Secondary Street Uses Primary Street Uses Secondary Street Uses PL PL 7/77771 I I Residental I 3rd Story I Parking j ------LL-----j--- j— 3rd story j Residential Parking ptrice j 2nd story _ Parking — ------ ---- 2nd story I UffiCe Retail 9 st story — Parking 'Est Story Parking —20'Min� PRIMARY SECONDARY STREET STREET ® Use Permitted on All Streets ® Use Permitted on All Streets Secondary Street Use ® Secondary Street Use (3) Use Limitations on Required Retail Frontages. Streets designated on the Regulating Plan with Required Retail Frontage are intended to be lively, highly active pedestrian environments that support businesses and reinforce local character. Properties on streets designated with Required Retail Frontage have use and frontage type standards that apply to the sidewalk level story. (a) All Districts. 1 . Residential units, including multi-family and live-work, are not permitted in the sidewalk-level story on streets with Required Retail Frontage. 2. On Required Retail Streets, buildings shall use either a Storefront or Arcade frontage type (See Section 4.4.13(E)). (b) Central Core and Beach Sub-districts. 100% of the building frontage of the sidewalk level story shall be for the following uses (as described in Table 4.4.13(A)), for a minimum depth of 20 feet: 1 . General retail uses and/or facilities, except that sales of automotive parts, lawn care equipment, or second hand material (other than verifiable antiques) are not permitted. 2. Services and facilities 3. Hotels, motels, or residence-type inns 4.4 - 67 SECTION 4.4.13 (C) DRAFT: 2/11/15 (c) West Atlantic Neighborhood Sub-district 1 . At least 50% of the building frontage of the sidewalk level story shall be for the following uses (as described in Table 4.4.13(A)), for a minimum depth of 20 feet: a. General retail uses and/or facilities, except that sales of automotive parts, lawn care equipment, firearms, or second hand material (other than verifiable antiques) are not permitted. b. Services and facilities c. Hotels, motels, or residential-type inns as a Conditional Use 2. Up to 50% of the building frontage of the sidewalk level may be for business, professional, and medical uses; more than 50% may be approved as a Conditional Use. 4.4 - 68 SECTION 4.4.13 (C) DRAFT: 2/11/15 Table 4.4.13(A)-Allowable Uses in the CBD Sub-Districts West Atlantis Central Railroad Beach Neigh. Core Corridor Area General retail uses and/or facilities,as in GC district(4.4.9)'z P P P P Business,professional,and medical uses,as in GC district(4.4.9) P P P P Services and facilities,as in GC district(4.4.9) P P P P Multiple-family dwellings3,including residential licensed service provider facilities P P P P Assisted living facilities,nursing homes,and continuing care facilities P P P P Live/work units(see 4.3.3(KKK)) P P P P Hotels,motels,and residential-type inns3(see 4.3.3(M)and 4.3.3(X)) P P P C Bed and breakfast inns(see 4.3.3(Y)) P P P C Public Parking Garages,as mapped on a Regulating plan P'S P,S P'S P,S Fabrication and/or Assembly - lP - Wholesaling,Storage,and Distribution - P - - Contractor and trade services - P - - Automobile brokerage,including vehicle display within an enclosed structure - P - Family day care homes(see 4.3.3(T)) A A A A Home occupations(see 4.3.3(K)) A A A A Mechanical parking lifts(see 4.6.9(D)(11)and 4.6.9(F)(4)) A,S A A,S A,S Parking areas and refuse and service areas A,S A A,S A,S Recreational facilities(for a multiple-family complex) A A A A Services and repair(incidental to the principal use) A,S A A,S A,S Single-family dwelling(occupied by owner,proprietor,or employee of the principal use) A A A A Storage of inventory(not shared or leased independent of the principal use) A,S A A,S A,S Automobile repair _ C Child care and adult day care facilities(see 4.3.3 fl) C C C C Commercial recreation,such as bowling alleys and skating rinks C C C C Community residential homes(see 4.3.3(1)) C C C C Drive-through facilities(serving banks,restaurants,retail uses,etc.) C C C C Food Preparation and/or Processing - C - - Flea markets,bazaars,and similar retail uses C C C C Funeral homes,including accessory uses such as a chapel or crematory C C C C Gasoline stations and/or car washes C C - - Group homes,Type 2 only(see 4.3.3(1)) C C C C Large family child care homes(see 4.3.3(TT)) C C C C Dry-cleaning Processing Plants - C - - Segway tours and Segway sales(see 4.3.3(ZZZZ)) C C C C Theaters,excluding drive-ins C C C C Veterinary Clinics C C C C 24-hour or late-night businesses,within 300'of residential property(see 4.3.3(W)) C C C C LEGEND: P= Principal Use A=Accessory Use C=Conditional Use -= Prohibited Use S=Secondary Street Use Sales of automotive parts,lawn care equipment,firearms,or second hand material(other than verifiable antiques)are not allowed on properties facing a street designated as a Required Retail Street on the Regulating Plan or in the West Atlantic Neighborhood. 2 See Section 4.4.13(C)(4)(c)for limitations on the rental of sporting goods and equipment. 3 For density limits,see Section 4.4.13(D). 4 Not self storage facilities; products and materials shall not exceed 55 gallons of any substance which is listed on the Generic Substances List of the Palm Beach County Wellfield Protection Ordinance(Ref.:Palm Beach County LDC,Article 9,Section 9.3) 5 See Section 4.4.13(C)(4)(a) for limits on Commercial use locations in the West Atlantic Neighborhood Sub-district 4.4 - 69 SECTION 4.4.13 (C) DRAFT: 2/11/15 (4) Supplemental Use Standards. (a) Sporting Goods/Equipment Rentals. The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). (b) Worker Transport/Assembly Points. The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Neighborhood area provided the structure involved does not have an entrance from and/or windows facing West Atlantic Avenue. (c) West Atlantic Neighborhood District Supplemental Use Standards: The following supplemental district regulations apply in the West Atlantic Neighborhood Sub-district: 1 . West Atlantic Neighborhood Commercial Area. Commercial structures are allowed on NW 5th Avenue, SW 5th Avenue, and may extend up to 150 feet from Atlantic Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Full service grocery stores may extend beyond the 150 foot limit with approval by the SPRAB of a site plan design that ensures compatible transitions between commercial and residential areas. Establishment or expansion of other structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). The West Atlantic Neighborhood Commercial Area is mapped on the West Atlantic Neighborhood Regulating Plan. 2. There is no restriction on repair and/or reconstruction of non- conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (d) Railroad Corridor District Supplemental Use Standards: Within the Railroad Corridor Sub-district, except for outside storage approved pursuant to Section 4.6.6(C)(2), all principal and conditional uses shall be conducted within an enclosed building. 4.4 - 70 SECTION 4.4.13 (D) DRAFT: 2/11/15 (D) Configuration of Buildings: (1) Standards for CBD Generally. The following building configuration standards apply to all CBD Sub-districts: (a) Building Height. Unless otherwise specified herein, the height of buildings shall be measured in and regulated by the number of stories and the maximum overall building height(See Table 4.4.13(C)). Increasing the maximum number of stories allowed may not be approved as a waiver. Stories are measured from the finished floor to finished ceiling. See Figure 4.4.13-10. 1 . Within the Atlantic Avenue Limited Height Area, maximum overall building height in feet is 38 feet and maximum building height in number of stories is three. The Atlantic Avenue Height Limit Area is defined as those properties, or portions of properties, located within 125 feet north or south of the Atlantic Avenue right-of-way line, between Swinton Avenue and the Intercoastal Waterway. (See Figure 4.4.13-5). 2. Except within the Atlantic Avenue Limited Height Area, maximum overall building height in feet is 54 feet and maximum building height in number of stories is four. For the purposes of this section, height is measured from the average crown of road or the FEMA published minimum finished floor elevation (whichever is greater) to the highest finished roof surface of a flat roof or the soffit of a gable, hip, or gambrel roof. 3. Stories located below grade are for parking or storage uses only and are not counted for the purpose of measuring building height. If the floor of the first habitable story is elevated more than four feet above the adjacent sidewalk, the space below counts as the first story for the purposes of measuring building height. 4. The ground story of commercial or mixed-use buildings shall be a minimum of 12 feet tall. 5. The ground story of residential buildings shall be a minimum of 10 feet tall. 6. Each story above the ground story in all buildings must be at least 4-9-9 feet tall. 7. Mezzanines that exceed 15 percent of floor area are counted as stories for the purpose of measuring height. 4.4 - 71 SECTION 4.4.13 (D) DRAFT: 2/11/15 8. Each parking garage level exposed to a street or civic open space shall be counted as a story for the purposes of measuring height. Parking levels fully concealed from view by a story containing an active use (i.e. retail, residential, office) are not counted as stories for the purpose of measuring height. See Figure 4.4.13-9. 9. Within the Central Core, Railroad Corridor, and Beach Sub-districts, residential units must have the floor of the first habitable story elevated at least 18 inches above the adjacent sidewalk. Within the West Atlantic Neighborhood Sub-district, residential units must have the floor of the first habitable story elevated at least 12 inches above the adjacent sidewalk. Lobbies and common areas in multi-unit or mixed-use buildings may have a lower ground floor finish level. 10. Flat roofs shall be enclosed by parapets which shall conform to the standards in Section 4.3.4(J)(3)(c). Green roofs are encouraged. 11. Mechanical equipment necessary to the operation or maintenance of the building such as, but not limited to, elevator, stair, and mechanical rooms, cooling towers, vent stacks and antennae shall be screened in such a manner that the enclosure is an integral part of the overall building design, provides a balanced and graceful silhouette, and ameliorates the visual impact from adjacent buildings. Minor features not exceeding one foot in height shall be exempted from this regulation. 12. Architectural features including church spires, steeples, belfries, and cupolas are not limited by story height; however, any part of any such feature shall not extend above the height of sixty-four feet (64') unless specifically approved by action of the City Commission. Figure 4.4.13-9—Counting the Number of Stories 3-Story Building 3-Story Building 4 Fully Concealed Parking Levels Parking Level Exposed to Secondary Street P< PL Residandal 3rd story -----------�k-- 3rd story Parking 2nd story-- 2nd story ist story --- r— Parking 78t story Parking STREET SECONDARY STREET ® Active Use ® Active Use ® Parking ® Parking 4.4 - 72 SECTION 4.4.13 (D) DRAFT: 2/11/15 Figure 4.4.13-10-Measuring Building Height PL PL D E A I I I I I I D I I D I A I D I A I D I I gB c 8 I I I f I I Commercial Residential Table 4.4.13(B) Building Height A Maximum Building Height in the Atlantic 3 stories & 38 ft. Avenue Limited Height Area A Maximum Building Height outside of the 4 stories & 54 ft. Atlantic Avenue Limited Height Area B Ground Floor Finish Level Commercial Uses 6" max. Residential Units in the Beach, Central Core, 18" min. and Railroad Corridor Sub-districts Residential Units in the West Atlantic 12" min. Neighborhood Sub-district C Ground Story Height Commercial and Mixed-Use Buildings 12 ft. min. Residential Buildings 10 ft. min. D Upper Story Height 449-9 ft. min. E Additional Setback Above 3rd Story varies 4.4 - 73 SECTION 4.4.13 (D) DRAFT: 2/11/15 (b) Building Placement. 1 . Front setbacks shall be measured from the property lines coinciding with public rights-of-way, including streets and parks. a. Awnings, porches, balconies, stoops and arcades may encroach into the setbacks as set forth in Section 4.4.13(E). b. Roof Eaves may encroach into the setbacks a maximum of four feet (4'). Figure 4.4.13- 11 -Building Frontage Requirement i I A+ B=Total Building Frontage j i A B I � I I I I I .r ¢` is I j •`at. Pe 'a I L._. Front Se ._._._._._._._._._._._._.1. 2. Where development may build with no side setback, the following limitations also apply: a. Side setbacks are required only when an abutting a residential zoning district or a property with a building existing as of the effective date of this ordinance [date] with windows facing the adjoining lot line. Then, new development shall setback to provide at least 10 feet of separation between the existing and new buildings. b. All light and air shafts, including those necessary per the percentage of openings on building facades, shall be provided within the property. c. Buildings taller than three stories in height have additional setback requirements for the upper stories, as described in Section 4.4.13(D)(2). 4.4 - 74 SECTION 4.4.13 (D) DRAFT: 2/11/15 (c) Frontage Percentages. Building frontage is the percentage of the total width of a lot minus the required setbacks, which is required to be occupied by the primary fagade of a building. Building frontage requirements are set forth in Table 4.4.13 (C) for each CBD Sub-district. 1. The primary fagade shall be generally parallel to the right-of-way, located in accordance with the minimum and maximum front setback requirements of the zoning district. 2. The location of the primary fagade is not changed by the projection of architectural elements such as cornices, bay windows, awnings, porches, balconies, stoops, or arcades. 3. The primary fagade may adjust around a Civic Open Space that meets the requirements in Section 4.4.13(G) as shown in Figure 4.4.13-11. 4. On corner lots, the primary fagade shall extend from the corner to ensure that new development (or civic open space) defines the corner. (d) Dwelling Unit Standards. 1. Diverse Unit Types. A number of different unit types, sizes and floor plans shall be available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. One bedroom units may not exceed 30%. There is no maximum percentage for unit types established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. 2. Minimum Floor Area. Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). (e) Other Standards. Other standards also apply in CBD sub-districts: 1. Frontage Standards are in Section 4.4.13(E). 2. Architectural Standards are in Section 4.4.13(F). 3. Civic Open Space Standards are in Section 4.4.13(G). 4. Incentive Program is in Section 4.4.13(H). 5. Parking Standards are in Section 4.4.13(1). 6. Review and Approval Process is in Section 4.4.13(J) 4.4 - 75 SECTION 4.4.13 (D) DRAFT: 2/11/15 (2)Dimensional Requirements for CBD Sub-districts. Table 4.4.13(C) provides the dimensional requirements regarding lot size, building placement, building size, height, density, and civic open space for each CBD Sub-district. Figure 4.4.13-12 illustrates the dimensional requirements from the table. (a) Buildings shall be located in accordance with the minimum and maximum setbacks in Table 4.4.13(C). 1 . The front setback or side setback facing a street or park is a minimum of 10 feet and a maximum of 15 feet, which is coordinated with streetscape requirements in Section 4.4.13(E)(2). 2. Minimum rear set back is 10 feet and minimum side setbacks are 0 feet. Side lot lines adjoining alleys are regulated by rear setbacks. 3. Buildings over three stories in height are subject to additional setback requirements in order to ensure architectural articulation and reduce the impact of taller building heights. a. At the top of the third story, front and rear setbacks are 20 feet minimum. b. With approval from the SPRAB, building entries, lobbies, and vertical circulation areas located above the third story may not be required to increase the setback to 20 feet, if configured as tower elements determined to be consistent with the Delray Beach Architectural Design Guidelines. 4. Where the rear or side of a property directly abuts a residential zoning district with a height limitation of thirty-five feet (35') without any division or separation between them of thirty feet (30') or more, such as a street, alley, railroad, waterway, park, or other public open space; the following shall apply: a. For buildings or portions of buildings three stories or less in height, a minimum side set back of ten feet (10') from the property line shall be provided. b. At the top of the third story, minimum side and rear building setbacks of 30 feet shall be provided from the property line for the portion of the building that is over three stories in height. c. A solid finished masonry wall six feet in height, or a continuous hedge at least 4-1/2 feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of 4.4 - 76 SECTION 4.4.13 (D) DRAFT- 2/11/15 the CBD-zoned property which directly abuts the residentially zoned property. Walkways and other pedestrian or bicycle connections shall be placed through the wall or hedge if they provide links identified on any adopted bicycle and pedestrian master plan or if SPRAB determines they would promote desirable connectivity between properties. 5. On Primary Streets, the minimum building frontage is seventy-five percent (75%) and the maximum frontage is a hundred percent (100%). On Secondary streets, minimum building frontage is not required and the maximum building frontage is a hundred percent (100%). 6. Buildings with more than 250 feet of street frontage shall provide a pedestrian/bicycle passageway at least 10 feet wide connecting rear alleys and/or parking to the public sidewalk. The passageway shall have transparent windows covering at least 50 percent of the wall area and the incorporation of storefront windows is encouraged. 4.4 - 77 SECTION 4.4.13 (D) DRAFT: 2/11/15 Table 4.4.13(C) Dimensional Requirements by CBD Sub-district Central Core Railroad Beach West Atlantic Corridor Neighborhood Lot Size Lot Width 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min. Lot Area 2000 sf. min. 2000 sf. min. 2000 sf. min. 2000 sf. min. Building Placement A Front Setback' 10 ft. min./ 10 ft. min./ 10 ft. min./ 10 ft. min./ 15 ft. max. 15 ft. max. 15 ft. max. 15 ft. max. B Side Setback' 0 ft. min.2 0 ft. min.z 0 ft. min.2 0 ft. min.2 C Rear Setback 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. B C Side Setback Abutting Res. District; Vt to 3rd Story 10 ft. min. 10 ft. min. 10 ft. min. 10 ft. min. B C Side/Rear Setback Abutting Res. District Above 3rd Story 30 ft. min. 30 ft. min. 30 ft. min. 30 ft. min. D Front Setbacks Above 3rd 20 ft. min. 20 ft. min. 20 ft. min. 20 ft. min. Story E Building Frontage Required 75% min./ N/A 75% min./ 75%min/ on Primary Streets 100% max. 100% max. 100% max. Building Height Min. Building Height on Primary 1 Story& 18 1 Story 1 Story& 18 ft. 1 Story Streets ft. Max. Building Height in Atlantic 3 Stories& N/A N/A N/A Avenue Limited Height Area 38 ft. Max. Height outside of the Atlantic 4 Stories& 4 Stories& 4 Stories& 4 Stories& Avenue Limited Height Area 54 ft. 54 ft. 54 ft. 54 ft. Density Density 30 du/ac 30 du/ac 12 du/ac 12 du/ac3 Civic Open Space Requirement(See Section 4.4.13(G)) Sites smaller than 20,000 sq.ft. 0% 0% 0% 0% Sites Between 20,000 and 5%of area 5% of area 5%of area 5%of area 40,000 sq. ft. above 20,000 above 20,000 above 20,000 above 20,000 5%of area 5%of area 5%of area 5%of area Sites Greater than 40,000 s ft. above 20,000 above 20,000 above 20,000 above 20,000+ q' + 7%of area + 7%of area + 7%of area 7%of area above 40,000 above 40,000 above 40,000 above 40,000 N/A is"Not Applicable" ' Side lot lines facing streets are regulated by front setback requirements. Side lot lines along alleys are regulated by rear setbacks. 3 All light and air shafts shall be provided within the lot. See Section 4.4.13(D)(1)(b)(2). 3 See Incentive Program in Section 4.4.13(H)for potential density increases pursuant to certain location and performance criteria. 4.4 - 78 SECTION 4.4.13 (D) DRAFT: 2/11/15 Figure 4.4.13-12— Building Placement and Configuration & Street Types B B v v Sfr P+et ��Sfr q s`tggt 9�5C[ eel, D�aa� 'ei - see A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets B Interior Side Setback B Interior Side Setback C Rear Setback C Rear Setback ❑ Front Setback Above 3rd Story D Front Setback Above 3rd Story E Required Building Frontage E Required Building Frontage B v B v F a� A a� F t SLlee t Sf� sk,Ee A Front Setback& Sides Facing Streets A Front Setback& Sides Facing Streets B Side Setback B Side Setback C Rear Setback C Rear Setback D Front Setback Above 3rd Story D Front Setback Above 3rd Story E Required Building Frontage E Required Building Frontage F Setback Relief Granted by SPRAB for F Civic Open Space Tower Element 4.4 - 79 SECTION 4.4.13 (E) DRAFT: 2/11/15 (E) Frontage Standards. Frontage Standards define architecture and design components for the entrance(s) to buildings and the area between building facades and streets. Building setbacks and other development standards are coordinated with street cross-sections to ensure a superior public realm results, improving both the overall visual appearance and multi-modal uses of downtown streets. (1) Frontage Standards and Allowable Uses. The use of the ground story is an important factor in streetscape design and appropriate frontage types. For the purposes of Frontage Standards, unless otherwise specified, residential uses are single-family homes, townhomes, multiple family dwellings, assisted living facilities, nursing homes, continuing care facilities, community residential homes, group homes, and large family childcare homes and live/work uses. All other uses are considered to be "commercial uses" for the purposes of this section. (2) Streetscape Standards. Front setback areas, which include side setback areas facing streets, shall be detailed to augment public right-of-way design, to establish shaded, continuous routes for pedestrians, and to organize landscaping and other elements to ensure a superior public realm. (a) Minimum Streetscape Width. The combination of public sidewalk (located within the right-of-way) and hardscape (located in front setback areas) shall provide a minimum streetscape area no less than 15 feet in width, measured from the back of curb The streetscape area shall be organized as follows: 1. Curb Zone. The curb zone is at least four feet wide, measured from the back of curb (See Figures 4.4.13-13 and 4.4.13-14). This zone accommodates street trees and public infrastructure needs such as utility poles, street lights, street signs, parking meters, etc. These elements shall be located as close to the curb as possible; signs and parking meters shall be consolidated as much as possible. 2. Pedestrian Clear Zone. A pedestrian clear zone at least six feet (6') wide shall be provided on all streetscapes (See Figures 4.4.13-13 and 4.4.13-14). Any portion of the pedestrian clear zone within the front setback area shall be improved as an extension of the public sidewalk and shall match the public sidewalk in design and material, providing a seamless physical transition. A sidewalk easement, in a form acceptable to the City Attorney, over any portion of the pedestrian clear zone located within the front setback shall be granted to the City. The property owner shall also be required to enter into a maintenance agreement, in a form acceptable to the City Attorney, requiring the property owner to be responsible for and maintain any improvements made or installed by the owner to meet the requirements of this section. 3. Remaining front setback area. The remaining front setback area within the minimum 15' wide streetscape shall be detailed appropriately 4.4 - 80 SECTION 4.4.13 (E) DRAFT: 2/11/15 for the ground story use of the building (See Figures 4.4.13-13 and 4.4.13-14): a. Commercial Uses. Buildings with retail or commercial uses in the ground story shall detail and design any remaining front setback area within the 15 ft.-wide minimum streetscape area using a hardscape design. This portion may be used to accommodate outdoor dining areas, subject to Section 6.3. Landscaping comprised of plants in removable planters, palms, and/or ground planting may be installed adjacent to the building provided it does not obstruct views into storefront windows. b. Residential Uses. Buildings with residential uses in the ground story shall detail and design any remaining front setback area within the 15 ft.-wide minimum streetscape area using hardscape or foundation planting landscaping. The encroachment of porches or stoops in this area may be permitted, pursuant to Section 4.4.13(E)(4). (b) Street Trees. Street trees are intended to provide a shaded environment for the pedestrian, provide a physical separation between pedestrians and vehicles, and improve the overall visual appearance of the street. 1. All new construction, relocation of a building, or addition equal to or greater than 20% of the gross floor area of an existing building shall install street trees at the time of development. Street trees shall be a canopy species, planted in the public right-of-way directly in front of the property line(s), uniformly spaced no greater than 30 feet on center. Spacing of trees may only exceed 30 feet in order to accommodate curb cuts, fire hydrants, utilities, existing trees, and other infrastructure elements. Palm varieties may be used at corners, crosswalks, or to accent building entrances and may be permitted in lieu of shade trees when physical conditions may prevent the proper growth of shade trees, as determined by the Planning and Zoning Director in consultation with the Environmental Services Director. Consistency in street tree species shall be established on both sides of the street along each block. The first to develop shall establish the species with approval from the Planning and Zoning Director in consultation with the Environmental Services Director. 2. Street trees shall be located in the curb zone of the streetscape, in order to separate pedestrians from vehicular lanes and to provide room for tree canopies. Street trees may be planted in planting strips, landscaped planters or tree grates with approval from the 4.4 - 81 SECTION 4.4.13 (E) DRAFT: 2/11/15 Planning and Zoning Director in consultation with the Environmental Services Director. 3. All trees shall be Florida Grade #1 or better and satisfy the following standards at the time of planting: a. Canopy species: Minimum 14 feet in height with a clear trunk space of six feet and a spread of no less than eight feet. b. Palm trees: Minimum 18 feet in height, with a clear trunk space of eight feet. 4. In the event that site constraints such as existing utility easements prevent the installation of required street trees, removable planters of small palms and shrubs, vines or seasonal flowers shall be installed. In addition, the building shall provide devices such as awnings or roof overhangs to establish a shaded pedestrian environment. 5. The property owner shall be required to enter into a maintenance agreement, in a form acceptable to the City Attorney, requiring the property owner to be responsible for and maintain any tree grates, irrigation, and landscaping installed by the property owner to meet the requirements of this section. 4.4 - 82 SECTION 4.4.13 (E) DRAFT: 2/11/15 Figure 4.4.13-13 Commercial Use Streetscape 4 1 1. A B C 15'-0" Min Signage Street Tree On-street Parking Public Sidewalk Outdoor Seating Street Lights VAB 15'-0" Min A-Curb Zone B- Pedestrian Clear Zone • C- Remaining Front Setback Area 4.4 - 83 SECTION 4.4.13 (E) DRAFT: 2/11/15 Figure 4.4.13-14 Residential Use Streetscape A B C 1 W-(r Min op Signage Street Tree CWHdmet Parldng Public Sidewalk �- r, Stoop and ; Landscape Area Street Lights A B LCI, �1- A-Curb Zone I V-0'Min B-Pedestrian Clear Zone C.-Remaining Front Setback Area 4.4 - 84 SECTION 4.4.13 (E) DRAFT: 2/11/15 (3) Building Entrances. The main entrance to every building shall be accessible directly from and face a public right-of-way or civic open space. The main entrance(s) to ground story commercial space(s) shall be directly from and face a public right-of-way or civic open space. Doors allowing public access shall occur at intervals no greater than 75 feet. (4) Frontage Types. Frontage Types define architectural characteristics for the detailing of building entrances. Six distinct frontage types have been identified, which are appropriate for different uses. Table 4.4.13 (D) identifies the frontage types appropriate for each use by an "X". Using one or more of frontage types identified is required. Table 4.4.13(D) Frontage Types per Use Porch Stoop Bracketed Forecourt Storefront Arcade/ Balcony Colonnade Commercial X X X X X Residential X X X X Live/Work X X X X X X Townhomes and X X X Single-Family Houses 4.4 - 85 SECTION 4.4.13 (E) DRAFT: 2/11/15 (a) Porch. A porch is an open-air structure attached to a building forming a covered entrance large enough for comfortable use as an outdoor room. Table 4.4.13(E) provides the dimensional requirements and the maximum encroachment allowed, provided porches do not encroach into the minimum required curb zone or pedestrian clear zone as described in Section 4.4.13(E)(2). Figure 4.4.13-15 illustrates the dimensional requirements from Table 4.4.13(E). Figure 4.4.13-16 provides a character example. Table 4.4.13(E) Dimensional Requirements for Porches Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 8 ft. 12 ft. C Width 40% Facade 100% Facade D Floor Elevation .5 ft. 4 ft. Allowable Encroachment' - 8 ft. May not encroach into the curb zone or pedestrian clear zone (See Section 4.4.13(E)(2)) Figure 4.4.13-15 Figure 4.4.13-16 Porch Frontage Type Porch Character Example w i _ I C �� r B - D _�: C t� A �a -1 'L 4.4 - 86 SECTION 4.4.13 (E) DRAFT: 2/11/15 (b) Stoop. A stoop is a small staircase leading to the entrance of a building that may be covered. The elevation of the stoop is necessary to ensure privacy for residential uses in the ground story of buildings. Stoops should provide sufficient space for a person to comfortably pause before entering or after exiting the building. Table 4.4.13(F) provides the dimensional requirements and the maximum encroachment allowed provided stoops do not encroach into the minimum required curb zone or pedestrian clear zone as described in Section 4.4.13(E)(2). Figure 4.4.13-17 illustrates the dimensional requirements from Table 4.4.13(F). Figure 4.4.13-18 provides a character example. Table 4.4.13(F) Dimensional Requirements for Stoops Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 5 ft. 8 ft. C Width 4 ft. - D Floor Elevation 1 ft. 4 ft. Allowable Encroachment' - 5 feet May not encroach into the curb zone or pedestrian clear zone (See Section 4.4.13E 2 Figure 4.4.13-17 Figure 4.4.13-18 Stoop Frontage Type Stoop Character Example B c - ° A i. 4.4 - 87 SECTION 4.4.13 (E) DRAFT: 2/11/15 (c) Bracketed Balcony. A bracketed balcony is a second-story balcony, located over the main building entry, which provides cover for a person entering or exiting the building, emphasizes the entryway, and creates a semi-public space overlooking the street. The Delray Beach Architectural Design Guidelines provide guidance on balcony detailing. Bracketed balconies are typically associated with buildings with commercial uses in the ground story; however, bracketed balconies may be used with residential uses if combined with a stoop. Figure 4.4.13-19 illustrates the dimensional requirements from Table 4.4.13(G). Figure 4.4.13-20 provides a character example. Table 4.4.13(G) Dimensional Requirements for Bracketed Balconies Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 5 ft. C Width 4 ft. - D Floor Elevation 0 ft. - Allowable Encroachment - 5 feet Figure 4.4.13-19 Figure 4.4.13-20 Bracketed Balcony Frontage Type Bracketed Balcony Character Example B c ' L'LLR - [Y E A D 4.4 - 88 SECTION 4.4.13 (E) DRAFT: 2/11/15 (d) Forecourt. A forecourt is an open area in front of the main building entrance(s) designed as a small garden or plaza. Low walls or balustrades no higher than three feet six inches in height may enclose the forecourt. Forecourt walls are constructed of similar material as the principal building or are composed of a continuous, maintained hedge. A forecourt may afford access to one or more first floor residential dwelling units or incorporate storefronts for commercial uses. The forecourt is suitable for outdoor seating for residents or restaurants. Forecourts are typically associated with multifamily, mixed-use, and commercial buildings. Figure 4.4.13-21 illustrates the dimensional requirements from Table 4.4.13(H). Figure 4.4.13-22 provides a character example. Table 4.4.13(H) Dimensional Requirements for Forecourts Minimum Maximum A Building Setback 10 ft. 15 ft. B Depth 10 ft. 20 ft. C Width 20 ft. 50% of Facade D Floor Elevation 0 ft. 3 ft. Allowable Encroachment Not Applicable Figure 4.4.13-21 Forecourt Character Example Forecourt Frontage Type B ,rte C A D Figure 4.4.13-22 4.4 - 89 SECTION 4.4.13 (E) DRAFT: 2/11/15 (e) Storefront. The storefront is a frontage type along sidewalk level of the ground story, typically associated with commercial uses. Storefronts are frequently shaded by awnings or arcades. 1 . Storefront Dimensions Table 4.4.13(I) provides the dimensional requirements and the maximum allowable encroachment permitted. Figure 4.4.13-23 illustrates the dimensional requirements and Figure 4.4.13-24 provides a character example. a. Storefronts shall extend across at least 70% of the width of a commercial space. b. Storefronts shall be directly accessible from sidewalks; storefront doors may be recessed up to 10 feet. Table 4.4.13(I) Dimensional Requirements for Storefronts Minimum Maximum A Building Setback 10 ft. 15 ft. B Storefront Width 70% 100% C Storefront Base 1 ft. 3 ft. D Glazing Height 8 ft. - E I Glazing Area 70% 90% Maximum Allowable Encroachment of Elements in All Districts F Awning Projection 3 feet - G Projecting Sign N/A 3 feet Figure 4.4.13-23 Figure 4.4.13-24 Storefront Frontage Type Storefront Character Example i Fyn — A E G E Ik C :.. V O � 4.4 - 90 SECTION 4.4.13 (E) DRAFT: 2/11/15 c. Storefronts shall have transparent glazing of at least 70% of the wall area, comprised of storefront windows and doors, for at least 70% of the length of the commercial space. Storefront windows shall have a base one foot to three feet high with transparent glazed areas extending from the base to at least eight feet in height as measured from sidewalk grade. Transparent means non-solar, non-mirrored, glass with a light transmission reduction of no more than twenty percent (20%). 2. Storefront Elements a. Awnings shall project a minimum of three feet from the building facade. b. Awnings shall be consistent with the building's architecture and proportionate to the facade opening shape and size. Except for curved awnings, all awnings shall be sloped 15-35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. c. Storefronts may be combined with forecourts or arcades. 4.4 - 91 SECTION 4.4.13 (E) DRAFT: 2/11/15 (f) Arcade. An Arcade is a covered, unglazed, linear hallway attached to the front of a building, supported by columns or pillars. The arcade extends into the public right-of-way, over the streetscape area, creating a shaded environment ideal for pedestrians. This frontage type is typically associated with commercial uses. 1 . Arcade Dimensions. Table 4.4.13(J) provides the dimensional requirements and the maximum allowable encroachment permitted. Figure 4.4.13-25 illustrates the dimensional requirements and Figure 4.4.13-26 provides a character example. Table 4.4.13(J) Dimensional Requirements for Arcade Minimum Maximum A Building Setback Varies 15 ft. B Arcade Depth 10 ft. 20 ft. C Arcade Height 10 ft. 20 ft. D Column/Pillar to Face of Curb 2 ft. 4 ft. E Column/Pillar Width and Depth 1 ft. - Maximum Allowable Encroachment of Elements in All Districts F Arcade varies by street Figure 4.4.13-25 Figure 4.4.13-26 Arcade Frontage Type Arcade Character Example i A - -T) 4.4 - 92 SECTION 4.4.13 (E) DRAFT: 2/11/15 a. Arcades shall extend over the sidewalk. A sidewalk should not run parallel to an arcade, allowing pedestrians to bypass storefront windows. b. Use of the arcade on local streets requires entering into a right-of-way agreement, in a form acceptable to the City Attorney, with the City. The City Commission shall determine in its sole and absolute discretion whether to approve or deny an agreement, which shall be based upon a determination of whether the arcade is in the best interest of the general public. This agreement shall establish liability, indemnification, and insurance responsibilities in a form acceptable to the City. For County, State, and Federal roads, agreements with the appropriate agencies and the City may be necessary. c. Arcades shall have a clear depth between the interior face of the columns and the building facade of at least 10 feet and no more than 20 feet. If the distance between the property line and the face of curb is not sufficient to accommodate the minimum depth of 10 feet required for an arcade, or, if the distance between the property line and the face of curb is deep enough that using the required building setback results in an arcade with a clear depth greater than 12 feet, the front setback may be administratively adjusted by the Planning and Zoning Director, taking into consideration the ultimate location of the face of curb. If determined necessary by the City, the property owner shall grant a pedestrian and underground utility easement to the City, in a form acceptable to the City Attorney, on the applicant's property to reach ten feet of clear depth. d. Arcade ceilings shall be designed with coffers or exposed beams extruding at least six inches, aligned with columns or pillars. Arcades shall have a clear height above the sidewalk of at least 10 feet and no more than 20 feet. e. Support columns or pillars shall be at least 12 inches wide and deep. See Section 4.6.18(B)(14)(iii). Columns and pillars shall be placed two to four feet from the face of the curb. f. The arcade area extending over the public right-of-way may contain a second story or incorporate roof terraces; additional stories are not permitted. 2. Arcade Elements a. Arcades shall be combined with storefronts. b. The height and proportions of the arcade shall be consistent with the architecture and proportions of the building to which it is attached. c. Potted landscaping or ground planting shall be provided between the face of the columns or pillars and the face of curb. 4.4 - 93 SECTION 4.4.13 (E) DRAFT: 2/11/15 d. Lighting shall be incorporated into arcades to meet CPTED principles. (F) Architectural Standards. In addition to the standards in Section 4.6.18, the following standards apply in all CBD Sub-districts. (1) All buildings shall follow the Delray Beach Architectural Design Guidelines. The selected architectural style shall be identified on all permit application drawings. (2) Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). (3) Building facades facing streets or civic open spaces must have transparent windows covering between 20 percent and 75 percent of the wall area of each story as measured between finished floors. Transparent means non-solar, non-mirrored glass with a light transmission reduction of no more than twenty percent (20%). (4) Cornices and moldings shall be extending a minimum of two inches from the surface plane of the building wall. Cornices and moldings are continuous fagade elements and may not be covered by awnings or signs. Significant architectural elements such as columns, pilasters, and towers may interrupt moldings. (5) Building facades shall be designed to visually screen "Secondary Street" uses (as identified in Table 4.4.13 (A)) and large expanses of blank walls. Appropriate fagade design to screen these uses incorporates the consistent use of materials and construction assemblies, fenestration patterns, architectural articulation, and features such as, but not limited to, the application of architectural screens, louvers, or glass. In addition, at the sidewalk level, vegetated surfaces and planters or window display shall be incorporated. Paint, faux treatments, scoring, construction joints, lighting, and material projections less than two inches are permitted, but do not fulfill the fagade design requirements. Figure 4.4.13-27 Character Examples for Building Fagade Screening Secondary Street Uses want 1M117M IV.—It f '4 —s x; ea::_Ei. .,'.',-. ,F � ..,' •'a °�-. �,I�+�Q- V im !�.,- i The Clematis Street garage utilizes The Lincoln Theater has the building consistent building materials with circulation located along the streets, fenestration patterns to establish an behind an architectural glass fagade, attractive fagade screening the parking screening the large expanses of blank levels over the retail space. walls within the movie theater. 4.4 - 94 SECTION 4.4.13 (F) DRAFT: 2/11/15 (6) Awnings shall be consistent with the building's architecture and facade opening shape. Awnings shall project a minimum of three feet from the building facade. Except for curved awnings, all awnings shall be sloped 15 to 35 degrees from the horizontal plane. Valances shall be no more than 12 inches long. Internally illuminated or plastic awnings are prohibited. Any names or logos printed on awnings shall be counted as square footage against the overall permitted signage. (7) In the absence of a building facade, a streetwall is required along both Primary and Secondary Streets. Streetwalls shall be three feet to three feet six inches (3'-6") in height, located in line with the building facade or the front setback. Streetwalls shall be composed of either an opaque wall of the same material and color as the building or of a continuous, maintained hedge. In addition, one shade tree per 30 lineal feet, uniformly spaced, shall be installed along the length the streetwall. (8) Overhead doors shall be prohibited from facing any adjacent residentially zoned property. Overhead doors shall be oriented away from any adjacent public right- of-way, except where currently existing. (9) In order to reduce urban heat islands for both roofed and non-roofed areas, the following standards shall apply to building and site design: (a) Non-roofed: Provide shade (within 5 years) on at least 30% of non- roof impervious surface on the side, including parking lots, walkways, plazas, etc.; or use light-colored/high-albedo materials (reflectance of at least .3) for 30% of the site's non-roofed impervious surfaces; or, use open- grid pavement system (net impervious area of less than 50%) for a minimum of 50% of the parking lot area. (b) Roofed: Use Energy Star roof-compliant, high-reflectance and high emissivity roofing (initial reflectance of at least .65 and three-year-aged reflectance of at least .5 when tested in accordance with ASTM E903 and emissivity of at least .9 when tested in accordance with ASTM 4080 for a minimum of 75% of the roof surface; or install a "green" (vegetated) roof for at least 50% of the roof area. (c) Parking Garage Roofs: Provide shade on at least 30% (within 5 years) of any exposed parking on the roof. (10) Green Building Practices. All development which proposes to build 50,000 square feet or more, in one or more buildings, shall be at a minimum certified as Silver by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards or equivalent standards adopted or approved by the City. (a) At the time of Building Permit application, the owner shall submit: 4.4 - 95 SECTION 4.4.13 (F) DRAFT: 2/11/15 1 . Proof of registration with the Green Building Certification Institute, or equivalent agency; 2. A signed and sealed affidavit from a LEED Accredited Professional, or applicable designation, stating that the proposed Building is designed to achieve the required certification; and 3. A LEED Scorecard, or equivalent document, identifying anticipated credits to be achieved. (b) At the time of Certificate of Occupancy application, the owner shall submit: 1 . Proof of certification by the Green Building Certification Institute, or equivalent agency; 2. A bond posted in a form acceptable to the City, in the amount indicated below; a. Four percent (4%) of the total cost of construction for a building up to 100,000 square feet; b. Five percent (5%) of the total cost of construction for a building 100,001 - 200,000 square feet; c. Six percent (6%) of the total cost of construction for any building greater than 200,000 square feet; or 3. Proof of partial compliance from the Green Building Certification Institute, or applicable agency, which demonstrates the credits presently achieved. In addition, a prorated portion of the full bond amount, as indicated in subsection 2(b) above, shall be posted based on the number of remaining credits needed to meet minimum certification requirements. The bond amount to be posted shall be calculated as follows: (credits remaining for certification / credits required for certification) x full bond amount = prorated bond amount (c) Forfeiture of Bond. The bond required under this Section 4.4.13(H)(2)(c) shall be forfeited to the City in the event that the building does not meet the for LEED Silver certification or applicable certification. The City will draw down on the bond funds upon failure of the owner to submit proof of LEED Silver certification in a form acceptable to the City within one (1) year of the City's issuance of the Certificate of Occupancy for the building. If required certification is not achieved but a majority of the credits have been verified, the owner shall forfeit a portion of the bond based on any outstanding credits which shall be calculated as follows: 4.4 - 96 SECTION 4.4.13 (F) DRAFT- 2/11/15 (credits remaining for certification / credits required for certification) x full bond amount = bond amount forfeited If the amount to be forfeited is greater than fifty percent (50%) of the full bond amount, the bond shall be forfeited in its entirety. Funds that become available to the City from the forfeiture of the bond shall be placed in the In-Lieu Parking Fee Fund and earmarked for bicycle and pedestrian infrastructure purposes. 4.4 - 97 SECTION 4.4.13 (G) DRAFT: 2/11/15 (G) Civic Open Spaces. Civic open spaces are privately maintained outdoor spaces which are accessible by the general public, improve the pedestrian environment, are aesthetically pleasing, and serve as an amenity for the city as a whole as well as for occupants of the building which the open space serves. (1) Amount Required. New development or additions of gross floor area equal to 20 percent or more to existing buildings shall provide civic open space as follows: (a) Sites smaller than 20,000 square feet have no civic open space requirement. The first 20,000 square feet of sites larger than 20,000 square feet are not used in the computation of required civic open spaces. (b) Sites between 20,000 and 40,000 square feet are required to provide 5% of the site's area that is above 20,000 square feet as civic open space. (c) Sites 40,000 square feet or more in size are required to provide civic open space as follows: 1 . 5% of the site's area between 20,000 and 40,000 square feet; plus 2. 7% of the site's area above 40,000 square feet. For example, a site 62,000 square feet in size will calculate civic open space as follows: 20,000 square feet = 0 20,000 square feet x 5% = 1000 square feet 22,000 square feet x 7% = 1540 square feet Total Civic Open Space Required = 2,540 square feet (d) Dedicated rights-of-way and area used to meet the minimum streetscape standards in Section 4.4.13(E) do not count toward fulfilling the required amount. (2) Types of Civic Open Spaces. Civic open space shall be designed as one of the following types: (a) Green. A green is at least 1 ,500 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Greens are designed primarily for passive uses, consisting primarily of lawn with either formally or informally arranged landscaping. (b) Plaza. A plaza is at least 1 ,500 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Plazas are mostly hardscaped with formally arranged landscaping and a water feature. 4.4 - 98 SECTION 4.4.13 (G) DRAFT: 2/11/15 (c) Playground. A playground is at least 2,500 square feet in size. Playgrounds provide children's play equipment and shaded seating. Playgrounds adjoin a street on at least one side and the configuration should ensure easy surveillance of the area from adjacent buildings and streets. (d) Square. A square is at least 10,000 square feet and adjoins streets on at least three sides. Squares may be up to 50 percent hardscaped, with formal landscaping. Squares accommodate both passive uses and community gatherings. (e) Attached Green. An attached green is generally 2,000 to 6,000 square feet and spans the entire length of a block. Attached greens shall be at least 30 feet wide and are appropriate on the short end of a block. Attached greens are primarily laws with formally arranged landscaping. (f) Community Garden. A community garden is 2,500 to approximately 5,000 square feet and adjoins a street on at least one side. Community gardens are land that is cultivated collectively by members of a community (See Section 4.3.3 (D)). (g) Forecourt. For civic open space requirements between 250 and 1,500 square feet, buildings shall utilize a Forecourt frontage type (see Section 4.4.13(E)(4)(d)) or incorporate additional landscaped space into a pedestrian passageway. (h) Public Art. For civic open space requirements less than 250 square feet, a space incorporating a fountain, living wall, or work of art may be provided facing a street or a pedestrian passageway. Figure 4.4.13-28—Character Example of Figure 4.4.13-29 Landscaped Pedestrian Passageway Character Example of Living Wall 4.4 - 99 SECTION 4.4.13 (G) DRAFT: 2/11/15 Figure 4.4.13-30 - Civic Open Spaces Ll s o � owo Green Plaza E:1 Playground Square l I III t i 51i Illil . I Iln I I III '1 1111 tt rlrl Attached Green Waterfront Green 4.4 - 100 SECTION 4.4.13 (G) DRAFT: 2/11/15 (3) Configuration. Civic open spaces shall be configured as follows: (a) The civic open space shall adjoin a street front property line for no less than 30 linear feet. (b) Except for attached greens, civic spaces shall have a proportion so that the depth is no more than 2.5 times the width, and the width is no more than 5 times the depth; (c) Civic open spaces shall be lined by building facades or streets on all sides. In order to provide oversight of the space, buildings facing civic open spaces shall contain active uses; parking lots, parking garages, and storage areas are not considered active uses. (d) Civic open space requirements of 3,000 square feet or more may be provided in up to two spaces; requirements less than 3,000 square feet shall be provided in one space. (4) Additional Standards. Civic open spaces shall meet the following minimum standards: (a) Civic open spaces must be accessible to the public during all daylight hours. A portion of a civic open space may accommodate outdoor dining provided: 1 . The business is located adjacent to the open space; 2. The open space provides an alternative location to using the streetscape area of an adjoining street right-of-way; and 3. The size of the area is generally consistent with the potential size of a sidewalk cafe that could be located within the streetscape of an adjoining street right-of-way. (b) Civic open spaces must be situated to allow easy ingress and egress by pedestrians. Except for playgrounds, which may be fenced, no streetwalls, gates, fences or other impediments to pedestrian accessibility shall be permitted along the frontage lines; (c) Civic open spaces must be located at the sidewalk level; (d) Civic open spaces must be open to the sky; however, open-air garden structures such as gazebos or band shells are permitted within civic open spaces; (e) Landscaping shall be arranged in a manner reflective of the type of civic open space. One shade tree per 20 feet of perimeter of the space is required. Trees may be arranged in regular spacing or in informal 4.4 - 101 SECTION 4.4.13 (G) DRAFT: 2/11/15 clusters, depending on the type of open space. Trees shall be installed to provide shade along walkways and for benches. Substituting shade trees for multiple palm species is not permitted; however, adding palms to the landscape design is permitted. (f) Each civic open space shall provide the following street furniture elements, specifications subject to approval by the City of Delray Beach Engineering Department: 1 . Seating for at least two people per 350 square feet of area. Seating may be provided on benches, chairs, or other horizontal surfaces designed for people to sit upon, including retaining walls, planter edges, tiers and other similar surfaces. Seating surfaces shall have a maximum height of 24 inches and have a minimum depth of 16 inches. 2. 1 drinking fountain; 3. 1 bicycle rack with no less than four spaces; 4. 1 trash receptacle; 5. 1 pet clean up station. (g) Fences are permitted only to enclose playgrounds. Fences may be composed of wood or metal pickets and shall not exceed four feet in height. (h) Vehicular traffic shall not be permitted within a civic open space. (i) Civic open spaces shall be designed to enhance user safety and security using Crime Prevention Through Environmental Design (CEPTED) principles by 1 . Being well lighted; 2. Having one or more focal points within the open space visible from all perimeter streets; 3. Having a clear landscape zone between three feet and eight feet in height providing sightlines unobstructed by berms or bushes. (5) Availability. Civic open space shall be developed and open for use concurrent with the issuance of a certificate of occupancy for the building(s) for which the open space is required. 4.4 - 102 SECTION 4.4.13 (H) DRAFT: DRAFT: 2/11/15 (H) Incentive Program: Certain incentives may be offered from time to time to encourage development that advances City strategic,pol icy-d riven goals, such as diverse residential housing opportunities, sustainable building practices, historic preservation, public parking, civic open space, or office uses within the CBD. The specific incentives and required performance criteria are set forth in this section and may be revised or amended after seeking community input and in response to factors such as update to the Downtown Master Plan, changing conditions within the CBD, transportation impacts, or market and/or demographic shifts. Any incentives shall be broad based and applicable within the entire CDB or CDB sub-district, no incentives programs shall be considered on a case-by-case basis or project-by-project basis. (1) Residential Incentives. In order to encourage a variety of unit types, and income ranges within the downtown area, opportunities to increase density are offered in certain CBD Sub-districts. This incentive program is the only way to obtain increases in density in the CBD. The maximum density allowed by Table 4.4.13(C) in certain CBD Sub-districts may be increased in the locations described below. Performance Standards are set forth in Section 4.4.13(H)(2). (a) Density may be increased over 12 du/ac (up to 30 du/ac) within the West Atlantic Neighborhood Sub-district. (b) Properties located within a historic district or on individually designated sites as listed on the Local Register of Historic Places in Section 4.5.1(1) are not eligible to use the Incentive Program. (2) Performance Standards for Density Increases. Projects which propose to increase density from the base amount allowed in the West Atlantic Neighborhood Sub-district shall provide workforce housing units. Workforce housing units, equal to at least twenty percent (20%) of the bonus density shall be provided within the development onsite, offsite, or though monetary contributions as referenced in Article 4.7 (fractions shall be rounded up). The workforce housing units shall be at the low or moderate income levels and shall comply with other applicable provisions of Article 4.7. (3) Approval Process for Incentives. (a) Applications to utilize the Incentive Program will be reviewed as part of a Class V site plan by the SPRAB for compliance with the regulations in this code that direct building configuration, uses, open space, streetscape design, parking location and quantity, and the performance standards in Section 4.4.13(H)(2). The SPRAB will make a recommendation to the City Commission on the entire Class V site plan before the City Commission takes final action to approve or deny the site plan and the increased density. 4.4 - 103 SECTION 4.4.13 (1) DRAFT: 2/11/15 (b) Applications must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) of sufficient detail to determine that the applicable development and performance standards are being met. (1) CBD Parking Standards (1) Purpose of Revised Standards. This section provides modified regulations for off-street parking and bicycle parking within the CBD. These regulations recognize that the downtown is a compact, interconnected area with multimodal transportation options, and that improper placement of parking and mandatory duplication of the parking supply on each building site separates the various land uses from each other. This separation reduces the viability of the mixed-use districts and harms the walkability of the streets in the downtown area. These regulations reflect the needs of the urban, mixed use downtown. When in conflict with the regulations in Section 4.6.9, this section shall rule. (2) Minimum Number of Off-Street Parking Spaces. (a) The minimum number of parking spaces required in Section 4.6.9(C) "Number of Parking Spaces Required" is modified by this section for use in the CBD; Table 4.4.13(K) identifies the minimum number of off- street parking spaces required per use and location. Medical Offices, call centers, and any other uses not listed in the table shall use the requirements in Section 4.6.9(C). 1 . The Atlantic Avenue Parking District is mapped on the Central Core Regulating Plan (See Figure 4.4.13-5). 2. Alternative Fuel Parking spaces are spaces provided on-site, clearly marked with adjacent charging stations for electric (EV)/plug-in hybrid vehicles (PHEV) and golf carts. (b) The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. (c) When the parking requirements are applied to new development or expansion of an existing use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (d) Properties less than 65 feet in width are not required to provide off- street parking, except for restaurant and lounge uses. (e) Properties located within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link station (See Figure 4.4.13-5) are not required to provide additional parking resulting from a change in use, 4.4 - 104 SECTION 4.4.13 (1) DRAFT: 2/11/15 except for new restaurant and lounge uses, within an existing building, provided additional floor area is not created. Table 4.4.13(K) Minimum Number of Off-street Parking Spaces Required in the CBD Commercial Uses Hotels/Motels' .7 space per guest room plus 1 space per 800 sf. of meeting rooms and shops Business and Professional Office <10,000sf 1 space per 500 sf. of net floor area Business and Professional Office >10,000sf located more than 750 feet from a public parking 1 space per 300 sf. of net floor area garage or Planned Tri-Rail Coastal Link station Business and Professional Office >10,000sf located within 750 feet of a public parking garage 1 space per 500 sf. of net floor area or Planned Tri-Rail Coastal Link station Retail and Commercial Uses 1 space per 500 sf. of gross floor area Restaurants and lounges (including those located within hotels/motels) NOT in the Atlantic 6 spaces per 1,000 sf. of gross floor area Avenue Parking District Restaurants and lounges (including those 12 spaces per 1,000 sf. for the first 6,000 sf. located within hotels/motels) in the Atlantic Plus 15 spaces per each additional 1,000 sf. Avenue Parking District Residential Efficiency Dwelling Unit 1 space per unit One Bedroom Dwelling Unit 1.25 spaces per unit Two or More Bedroom Dwelling Unit 1.75 spaces per unit Guest Parking shall be provided cumulatively as follows - For the first 20 units .50 spaces per unit - For units 21-50 .30 spaces per unit - For units 51 and above .20 spaces per Live/Work Units 2 spaces per unit Alternative Fuel Parking Spaces Residential 3% of Required Parking Spaces Commercial 3% of Required Parking Spaces (f) Business and Professional Office uses located within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link Station (See Figure 4.4.13-5) have lower parking requirements than those located farther from those transportation resources. Offices less than 10,000 square feet in area also have lower parking requirements, this reduction is not cumulative and is only available to small businesses. 4.4 - 105 SECTION 4.4.13 (1) DRAFT: 2/11/15 Properties located within 750 feet of a public parking garage or the Planned Tri-Rail Coastal Link Station (See Figure 4.4.13-5) may opt to use the in-lieu fee option provided in Section 4.6.9(E)(3) up to 50% of the required off-street parking amount, except that restaurant and lounge uses are limited to 30%. (,gh)Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required vehicular parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). (3) Location and Access to Off-Street Parking. Parking and service areas shall be accessed and located at the rear or side of the building(s) whenever possible. (a) Location 1. Parking is not permitted in front setbacks or in side setbacks facing streets, parks, or civic open spaces. 2. On Primary Streets, all parking lots shall be located to the rear of buildings. The SPRAB can approve alternative locations where parking in the rear is inappropriate or impossible and may require special perimeter treatments to protect and improve the pedestrian experience along the street. 3. On Secondary Streets, parking lots may also be located on the side of buildings provided the parking is screened from view of the street by a streetwall (See Section 4.4.13(F)(7)) and landscaping as set forth in Section 4.6.16(H). 4. On Primary Streets, parking garage levels shall be lined by another use permitted on Primary Streets for at least 20 feet of depth. (See Section 4.4.13(C)). On Secondary Streets, parking garage levels not lined by another use shall be screened by a building fagade that meets the architectural requirements in Section 4.4.13(F). 5. Offsite parking arrangements may be provided in lieu of providing on-site parking as set forth in Section 4.6.9(E)(5), except that the other property must be located within seven hundred and fifty (750'), measured along the closest pedestrian route between nearest building entrance and nearest pedestrian garage entrance. 6. If the required parking is not or cannot be provided on-site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. 7. Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does 4.4 - 106 SECTION 4.4.13 (1) DRAFT: 2/11/15 not result in the space for one unit impeding access to a space of the other unit. (b) Access. In addition to the standards in Section 6.1 .4, the following standards apply in all CBD Sub-districts: 1 . On Primary Streets, alleys and Secondary Streets, when present, shall be the primary source of vehicular access to off-street parking. Alleys may provide access to parking lots and garages and function as standard drive aisles, provided public access is maintained and access to all properties adjacent to the alley is maintained. Vehicles may back out onto alleys. 2. When neither alleys nor Secondary Streets are present, primary vehicular access may be from a Primary Street. In the instance that site constraints necessitate access from a Primary Street, and the provision of an access drive precludes meeting the minimum building frontage percentage required, the Planning and Zoning Director may administratively allow a reduction from the minimum building frontage in order to allow vehicular access to the site. 3. When an alley is not present, bicycle, pedestrian, and vehicular access between adjacent parcels across property lines is required, and shall be accommodated within the site layout. The first property owner to develop shall be required to make an irrevocable offer of cross-access to the adjacent parcels prior to issuance of a building permit. When adjacent property develops, a reciprocal offer of cross-access is required, and the physical connection shall be completed. 4. Parking lots and structures shall provide pedestrian and bicycle access directly from a street. In addition, pedestrian access may also be provided directly from a building. 5. Buildings with more than 250 feet of street frontage shall provide a pedestrian/bicycle passageway at least 10 feet wide connecting rear alleys and/or parking to the public sidewalk. The passageway shall have transparent windows covering at least 50 percent of the wall area and the incorporation of storefront windows is encouraged. 6. Public sidewalks may not be deviated to accommodate drop-off or valet parking. (4) Bicycle Parking and Facilities. Bicycle parking and facilities shall be provided within the CBD Sub-districts. 4.4 - 107 SECTION 4.4.13 (1) DRAFT- 2/11/15 (a) Minimum Number of Bicycle Parking Spaces. Table 4.4.13(L) identifies the minimum number of bicycle parking spaces required per use. 1 . All non-residential uses over 2,000 square feet shall provide at least one bicycle space. 2. For mixed use projects, both the non-residential and residential requirements shall be provided. 3. Bicycle Parking requirements are applied to new development, expansion of an existing use, and changes of use. Table 4.4.13(L) Minimum Number of Bicycle Parking Spaces Required in the CBD Commercial Uses Hotels/Motels 1 space per 10 guest rooms plus 1 space per 5,000 sf. of restaurant, meeting rooms, and shops Professional Office <50,000 sf. 1 space per 2,000 sf. of net floor area Professional Office >50,000 sf. 1 space per 2,000 sf. of net floor area; 50% in lockers or inside storage area plus shower facilities Retail, Restaurant, and Commercial Uses 2 space per 1,000 sf. of gross floor area Residential Residential < 50 units 1 space per 2 units Residential > 50 units 1 space per 2 units; 50% in lockers or inside storage area Live/Work Unit 1 space per 2 units Townhouses and Single-family Homes - (b) Design and Location. 1 . Visitor, employee and resident bicycle parking facilities shall be visible to the intended users within a location shown on the site plan that meets the following standards; a. Provided in a safe, accessible and convenient location. b. Located within 300 feet of a main building entrance. c. Does not encroach into the minimum streetscape area (see Section 4.4.13(E)(2)). d. The Planning and Zoning Director shall review the location, design, and details of the bicycle spaces as part of the site plan review. 2. Shower Facilities. Offices greater than 50,000 square feet shall at least provide one shower and changing facility per gender. The changing facility shall be installed adjacent to showers in a safe and secured area. 4.4 - 108 SECTION 4.4.13 (1) DRAFT: 2/11/15 3. Unless otherwise provided by law, residential condominium covenants are encouraged not to prohibit the storage of bicycles inside individual dwelling units. 4.4 - 109 SECTION 4.4.13 (J) DRAFT: 2/11/15 (J) Streets and Blocks. The highly connected street and block structure of the downtown CBD area is a critical component of the cultural and historic character of the city. The network fosters multi-modal options, by reducing bike and walk distances, and allowing traffic to disperse. (1) Streets and Alleys. Within the CBD, the following standards apply to streets and blocks: (a) Local streets within the CBD may have travel lanes ten feet in width provided on-street parking is incorporated in the cross-section and with approval by the City Engineer. (b) Streets and alleys may not be vacated or closed to accommodate new development. (c) Alleys provide an important tertiary support system. Alleys may be relocated provided access and service is maintained to all properties and the reconfigured alley maintains public access and has at least two separate access points for entry and exit within the same block. Alleys that are identified routes in the City's adopted bicycle and pedestrian master plan may not be relocated. Dead-end service courts are not permitted. In order to meet the City's sustainability goals, alleys that are improved as a result of redevelopment are encouraged to use permeable paving such as porous asphalt or concrete, subject to approval by the City Engineer. Development on property along side an alley shall provide street lights as set forth in Section 6.1 .5. (2) Analysis of Traffic Circulation and Access Points. To minimize impacts and coordinate traffic circulation, a professional study that analyzes options for internal traffic circulation and distribution to the external street network shall be provided for proposed development that meets one of the following criteria: (a) The development proposes to move an alley; (b) The development is located on a block that does not have an alley; (c) The site is two acres or more in size; or (d) The site is located along the Intracoastal Waterway or a waterfront park. 4.4 - 110 SECTION 4.4.13 (K) DRAFT: 2/11/15 (K) CBD Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to and approval by the Chief Building Official for a Business Tax Receipt. (2) Site Plan Review and Appearance Board (SPRAB). For any new development requiring approval under Sections 2.4.5(F), 2.45(H), or 2.4.5(1), approval must be granted by the Site Plan Review and Appearance Board (SPRAB), unless the property is located within a designated historic district or is individually designated (see subsection (3) below). In addition, the SPRAB has the following authority within the CBD: (a) Modification of building frontage and setback requirements by waiver in order to accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc. on properties that are not located within a Historic District or Individually Designated Sites as listed on the Local Register of historic Places in Section 4.5.1(I). (b) SPRAB may provide relief from the additional setback required above the third story for building entries, lobbies, and vertical circulation areas configured as tower elements consistent with the architectural character of the building. (c) Determination of compliance with the Performance Standards of the Incentive Program and provide recommendations of approval or denial to City Commission of requested increases in density under the program. (d) Determination that a site plan design for a full service grocery store in the West Atlantic Neighborhood sub-district has compatible transitions between commercial and residential areas. (e) Determination that desirable connectivity between properties and/or links identified on any adopted bicycle and pedestrian master plan are achieved on the site plan. (f) Approval of alternative surface parking configurations for sites located on Primary Streets where parking in the rear is inappropriate or impossible. The SPRAB may require special perimeter treatments to protect and improve the pedestrian experience along the street. (3) Historic Preservation Board. Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board (HPB), pursuant to Section 2.2.6(D). For these properties, the Historic Preservation Board has the approval authority pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(1), plus the additional authority described in subsections (2)(a)—(f) above. 4.4 - 111 SECTION 4.4.13 (K) DRAFT: 2/11/15 (4) West Atlantic Redevelopment Coalition (WARC). Projects located within the West Atlantic Neighborhood Sub-district shall be reviewed by the WARC for consistency with the Development Standards prior to review by the SPRAB or HPB. (5) Pineapple Grove Design Review Committee. Projects located within the boundaries of the Pineapple Grove Neighborhood Plan, as mapped on the Central Core and Railroad Corridor Sub-districts Regulating Plans (See Section 4.4.13(B)), shall be reviewed by the Pineapple Grove Design Review Committee for consistency with the Development Standards and compliance with the Pineapple Grove Neighborhood Plan prior to consideration by SPRAB or HPB. (6) DDA and CRA. All development applications under their purview which are processed through the Planning and Zoning Board, SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency in sufficient time to allow for review and comment prior to action by the approving body. (7) Conditional Uses. Conditional uses listed on Table 4.4.13(A) may be considered pursuant to the provisions of Section 2.4.5(E). In addition, the following regulations apply: (a) Drive-Through Facilities. 1 . Drive-in or drive-through restaurants are not permitted within the West Atlantic Neighborhood Sub-district or on Primary Streets within the other CBD Sub-districts. 2. On Primary Streets, drive through facilities serving banks and other commercial uses shall have the drive through window(s) and stacking area located behind buildings. On Secondary Streets, drive through facilities may be located to the rear or side of buildings. (b) Gasoline Stations. Gasoline Stations are not permitted on Primary Streets. In addition to the standards in 4.3.3(J), the following configuration is required. 1 . A ground-story shop must be located along a street, with the gas pumps located to the rear of the lot as illustrated in Figure 4.4.13- 31 . No more than eight dispensing locations are permitted. 2. The shop shall have the primary entrance facing and directly accessible from the street; an additional entrance facing the parking lot is permitted. 3. Gasoline Stations may be one story in height. 4.4 - 112 SECTION 4.4.13 (K) DRAFT: 2/11/15 Figure 4.4.13-31 Gas' Shop , (c) Wash Establishments. Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Primary Streets. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. (d) Automotive Repair and Detailinq. Automobile repair and automobile detailing may not be located north of S.E. 1" Street or south of SE 6th Street, extended. Conditional use approval may not be granted for a new automobile repair facility, or for the expansion of an existing facility, unless it is specifically demonstrated that off-street parking is available in accordance with the requirements of Section 4.6.9. (e) Additional Application Requirements. Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. (f) Modifications. The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: 1. Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. 4.4 - 113 SECTION 4.4.13 (K) DRAFT: 2/11/15 2. Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. (8) Waivers. This code allows consideration of two types of waivers: (a) Section 2.4.7(B)(1)(a) authorizes the waiver of certain regulations irrespective of a property's zoning district. Those waivers may be considered within the CBD in accordance with those specific provisions. When reviewing applications that include waivers that can only be granted by the City Commission, the Site Plan Review and Approval Board and the Historic Preservation Board shall make formal recommendations to the City Commission regarding those waivers. (b) Section 2.4.7(B)(1)(b) authorizes the City Commission to waive certain other regulations that no other official or board have the authority to waive. 1 . Within the CBD, that authority of the City Commission is limited by the following restrictions: a. Building Height Waivers. Waivers to increase the number of stories of a building may not be granted. b. Front Setback Waivers. Waivers to decrease the minimum front setback depth are not permitted if the reduction would result in a streetscape that does not meet the minimum requirements of Section 4.4.13(E)(2). c. Sidewalk Width Waivers. Waivers to decrease the minimum sidewalk width are not permitted in the CBD. 2. Within the CBD, the following standards shall be used by the City Commission when considering waiver requests, in addition to the findings in Section 2.4.7(B)(5): a. The waiver shall not result in an inferior pedestrian experience along a Primary Street, such as exposing parking garages or large expanses of blank walls. b. The waiver shall not allow the creation of significant incompatibilities with nearby buildings or uses of land. c. The waiver shall not erode the connectivity of the street and sidewalk network or negatively impact any adopted bicycle/ pedestrian master plan. d. The waiver shall not reduce the quality of civic open spaces provided under this code. 4.4 - 114 EXHIBIT B SECTION 4.4.13 (A) Purpose and In+�+• The (`antral Rllsiness Distrint (GBD) �o Distrint is w�-ra--r�TC �nc�vcrr �r.� ��acrtvr�� e6 lishend iP A_Fdder te preserve_anGGGt thG n1�� oI onrl hicte- I�peGts nf dnYAi nt�Ain Dray Rea nh and siml ll�}ee sly pFey 0.rlo for � timl IIAtinn .�nrl ati�av-rT v-r�v Delray _R acr�arra�rrcrr T crrrrcrrcrcrvr�a-r•rcr the GBE) Dist is nnnsistent with and imnla�}�S in part (lhia�+tiV8 G A of the and GB E) rcrrr-vrrm arra�rrrP r �i part, rvr crn rcr Use Eleme t of the ernpF hensiye Dlan The GBID nist Ct is geT all applied to V.7� TT �rr��a-rTrn .�.v-v-vrs terrltnn/ deninted in the Gnmmernial (mere desigRatinn nn the Fm--,t--,Fe Land Use Man Th�pa e S rlesnr�lh�Ct�ki°In ei rlrl shnYein in Cig11re 4 4.13 F 4.4 1 2 A PPI 4 4 12-v r.4.Aater Dlan [Amd Ord. GA_AA 11116104]• [Amd Ord. 21_114 5I41 AA7 opm+ral Core Thy T_ regulat'Ieps aTlei�'fTCGeT�Tari in rleVelnPmeRt .r 7 — – }� _ that preserves Lice – dnati�v" T a n's�riai''c — �= — Ga�Eale while CBD RC d� �i nrmmGtinrr a halannerl miv _ � of 1lces that will helm the area e.,nl.,e irate a '" =_T1 tF F ailCYi 6afffmr_MtQPt I / aTM 7 t dnati�Tt�ein Desirlent�al � I I t`�` 1� vr1r��.�n�crr T deyelnnment is permitted �� fl at higher densities in this 1 – area than anTi other mart A-f tht:pity, GFdeeF tl7 cr n estrian orient vn rr F �– g FE)W ti-r–Ltt�t��n i i IwTri–�ci n i –_ - } I Ord. A m rt � z r 514104] 77 c i -�- CENTRAL CORE _ CBD{CENTRAL BUSINESS DISTRICT}AND CBD RC "I T .. i (CENTRAL BUSINESS DISTRICT-RAIL CORRIDOR)ZONED DISTRICTS 4.4 - 1 EXHIBIT B SECTION 4.4.13 4.4 - 2 SECTION 4.4.13 (A) Q nh Ar The Beal fer o .ter " eFye app-1 enh.-nne a nh �r�nter of oe aeacrrrcrea��c-gvarTVr ��r22-F�t�--�ScrPC-crrTC�crn�arrc� ��urucrcrvr areasores ni ihlin nenrli}inn of thf-9 nh the vitality of its venter, add no�-ol , rart�-cv-rTCrrrrc,rn--vr- �.-a�cr� rc9--v�--r��crrr , arrc� ur b6imidoRgs are separated frem the pedestriaR ways by wide !andSGaped areas, the �c 16 nneiiraged. [Amd Ord. 71_04 514104] \ ,r, IJ ' 1� 1 ,i 1 PPST i i �: >✓r. v � _ 1 BY iliE SEA I = GRPSY£NPR Ps. MANOR HGUSE' 1� I ' u � _� 41-..,, �APIAZAC PARKANS , CONDO �: � COROP s�iAO IXbVOP I I li I � scNOOt I I�I.I �� `III I`�m ' CW1D0 I I.. RESORT I MAFRIOTI ] a SPUARE III.,, V ATLANTIC AVENUE �� 0 TT 1J-1L I, '—1fl 7IT FF I aBa 1 I _� tWAMERpAt ;I 1 Ll TFT - QNOO 1 ney _ � TONEFS I I I l I�I 11 111 f I IT CQY00 I I IL — � Y s 1 - --+�- BEACH AREA G PFi PA'RFA,F.Fi_ CBD(CENTRAL BUSINESS DISTRICT)ZONED DISTRICT , v? Figure 4.4.13-2-- Qo°^h A r°° 4.4 - 3 SECTION 4.4.13 (A) 1�-rA/e�rAti-ant-mr- avenue wl hherhe l The geal fvrthm.6 area to preuiplo fer Dl An rlrA Ain Beal �A �o �n Tho emphasis io rAn rlar� vvv rr tan--rvrcrr� a� T—h IQ ��Frl-ra�l��»r the iR"'y hhnr�d� as eppesed te o rp J inn"o^l' area� are Lonrnn-a1-page ' [/ md Ord. 604 1 ''!cct04] �. -ft FF IL r � � cnsOry . �_ piURCH _ EL0.EAIENPTaFY - - SCHOOL � I� cc HH 30, Y I�■ l- ST�IRdI I�IR W nvnN. 7 ATLANTIC AYENYE ®HE » T>- a _ JI --+�— WEST ATLANTIC NEIGHBORHOOD c j�—V Dc—,�L CBD(CENTRAL BUSINESS DISTRICT)ZONED DISTRICT ll .�s bM IG .:'A�M hli Figure 4.4.13-3 Neir.hhnrhnnr! 4.4 - 4 SECTION 4.4.13 (B) /R\ Drinninal Uses and alln�n/erJ Strumtu-res�P tted- The n types of 1se are yyi}hin the GRl lit}rin} as orermitted use. ( I) General re}oil i ices anrd/nr faGili}iec inGli irdinn but nn} limited }n• fAmd Ord. 35-40 10119110]; [Amd. Ord. 2-2-99 71-2019-91 (a)Antiques, arts an/ Gras act$mn�2-�IS�haL geeds�bG G�kG Garnct anrJ flnnr \/erinn Gh beer, wine line er of n arra--ncrvr��PCrn-rc�, �a-r�S�sa. , , zrv�r��-rr�tttirT------ Gvi FRetGG meats draper an/-1 slinnn\/eFG nharmaGies etect�{saA.' fixtures anrd supplies, fahrinc fish flewers anrd plan}c fruits anrJ rm ti,.a�..—�,.arra-��ppTrca�c��rrc.»r.�n�rcrvv ,�n�n�—arrcr vegetables, feed, garaeR supplies, gifts glassware, har/-1v/are owns na�s hnme fi irnishing j iGe GreoawR Gape oni T n lea aeedj luggage, FRe in.AI An/-1 si�rrri��pn1 Ij,�,�yon}�„�„�,��+ an/-1 m11sin.�I „�tr�Fmer�ts,�ruatiGal supra, effino fi irpoii1�f�� n �T p1` j "mr�on}�nsun n e� -sr nets anc pet supplies, nheteg Fanhin ent-and 661pplioa spjy _ sunn lies,�vrtRg gGeds, teys, Par-aringoapparcl arunvess ries,, annlianGe�c bmG\ GTlea, b cr.sinnress maGhine�s i WGI FY: fAmd r Ord. 35-11) 7019170 • fAmd Ord 2-2-99 71 } (2) Ri 1sinesc Drefessinnal anrd Ntlerlinal uses pursuant to res}riG}inns se} fnr}h in 9cr 4.4.13ru\ +fig, but P ± lr limited te1 fAmrJ Ord. na-v-10 7 c01107; fAmd Tai--1 R t r icrry raeGG-rat i R g,,-FR e i n.-I a rl/-1 GI UQ R to l G lam'r„ram:rcc i n.A I a rl/-1 /1°a-R tAi laaberraatu-i�? nhn}nnranhiG c ins print n anrJ ni ihlichinn hi ici ? err° � ,pri R "erg, b , imed.mGal anrd nrefessinnal effiGec [Amd Ord. 09-10 d. 7/20110]; fAmd ^'AA s Or 2-99 7120199] (3) Cer\/IGes anrd faGili}ies inGli _inn but nn} limi}e/-1 � r }nT• (a) ^61G}i� barber an/ -beauty an/ salo nrs Gater erS�dry GleaRiRg Ir'i.Mite nn_sitG 6ing;nvrG616te{Rer niGLiin nnl\/ dry Gl lab in/-Ir\/ niGLi in statGRG lab in/-Irnma}s limitadte GeV sep4iAe facilities net "'rnnminn restauraRtj GXGli irdinn rdri\/e_in arld rlri\/e_t�-ni in �t ,onr GLAfeG nr tamiI /•/•Y n a/+GGR1S \/E)GG Ii.m TCed te arts aR4 Grafts, business, beauty, 'nn"inn, d'ri'vinn gYmnuT tFGv, nhr n tronrhry_-, FRGdlinr An karate ii de small item repaTir, .dreRtal of spe ru geeds a-rrcdrp�pRt (CLInIasb i I} nn} Iimitf9d hiG\/GlG6,skate&- heegie beards). With ecGen}inn of hiG\ Gles Yyi.tCh aarn- e�G tr ,-h T ef mntG♦ ac rJ n in ceG}inn 77 rrry -crscr n rrc.rn--rz-(v 1 2, Delray B , all repted spertiRg--geeds muSt be nnv-.p-mvteriie fr-[aACmd. Ord. 3611 10118i11i• fAmd Ord. 15-AR 4r2g} /h �lller� hrea/-IG.;s} studies, b6tGheF GhGGPG, GGGGktail Ini inrres eXer�e TaviT0t.e S e.g. gyims , m 6isse6irms, rRewStands,, GnmmerGlal nr ni ihliG narking lets an/-1 narking garages. /G\ P6 1191"G nnen snaGe plazas [A mrl Ord. 37_09 Q14.1 4.4 - 5 SECTION 4.4.13 (B) (4) GCG $r— °�t14tt'�A tfG Neighberheed n r R e s r__hr-via��n��GFG denClt;J tW elling ,inits per afire [Amd Ord •10_•1.1 4/5./'1'1]5 [Amd Ord. 44_04 •17 I7L:I`0A`]• [Arv�r1 (lrrl 8_98 2T14198]• [Arv�r1 (lrrl Q0_9C. 7' C./QC.7 7 7 _._.�_�.,_] �p�,., (5) Hnt�, rrvtels, anand- r°caid�r�I_t i G ORBS �G°pt Orr—Li-Fl�p-St tQTnr N hhnrhnnrl [Amd Ord. 7740 7/7n/7m• [Amd Ord. G4_04 111161043-5 [Amd Ord. 9_90 21174Q7 (6) Assisted LiViRg CanilitieG, Aliiroing Hemeo, GGRtiR g (m linare Car•Illtleo , ,App}n a maxim,im rl�#er�rty (30) i inits per onro GYnon�.tt-Q %Aioc+ �+Ion+in rc. ci--a-cr� � v-P�.��crui-rcrc ,inito per anre [And QFd 10_ 1 4151117• [And QFd 0140 1/19/10]• [And QFd 20_ (7) Rcc "rRd Breakfast-lid, eXGetc irrLtFl Wi rt 4tlAptnA Nleoghhnrheed, 0 ccc to the pre a�SGRSof r entrirnrp r . [Am d. f1Yr 11_10 7170110] when a port of, nr aggessnrY to, use- (1) the nringinal Darking Into (2) Refuse and sepiige areas /Q\ Preyisiep gf sepiiges and repairr of items ipnii-lept.al to the prinnipal i ioe (4) Ctean veeTp��eit �niiLiIiTr-the soR;G 6tF6lCt6lR_Q A-6 vhP_.FP_ soI'P-vT o'er /r.\ A single family residGRGG, either Sparyte�Tthi..p a 6tF6lt6le hniicing o employee of a b isipess enterprise gnarl,igterl nn the property. (6) Rer•reatlenal fanilitieo .attepi-l.ant to .a multi family resm.plepti ., Pleyelepment , o,ir•h as nn,arts o�eiimming nnnlo ernise ar a rnnmo [AYnr1 a�crr-ate � �svzrn�, , �c-rcr.��ar��, c�t♦��-vvrrr��rCnTCr. QFd. 80 9_55 1-215-519-5-51 (7) Single level meghanigal parking lifts far in-fill rleyelnpment prniegts that SeGt�s T6.a/n\�r'n�6.a(C_)(T) [Amd nYr! 07_08 708]; [Amd QFd. 347 (8) Family day mare herne ,it 6iaRt t 9GGti )R .3.3/1\ [AYnr1. Ord. 255_10 1 Al 911A] 4.4 - 6 SECTION 4.4.13 (D) /fl\ renrdi+ienal Uses and S IG+I�y+ A hewed. The fell n eiinrr 1 i000 .pro .;I�Pi ac Gnnrli+innal 1 icec Iniithin the (`Rfl flit+riG+• Ct�—FFi Q-F= CTCII Al�./4$€R� �.A.10 �/�$€�€n [A mil llril 10-_11 4/5/117 [Am il llril 70-_0-2 0-/1 We] G CGC 1 CG l G�TTI[Am d. DI Q. 1 D 1 1 TI OI 1 ITQ. DI Q. iV DD TI 1 OI VG,7 /1\ AM gtQrnen+ name fanilitieS I�Tted- to h � S aam —^ �T GGTTIITT , ir h°° (2) Child Gore anrd adult y Gage /3\ CinanGial inct5 e.g., hanLc and similar ins+crtuul � inGll irlinn rlri�ie }y,, +t h r ugrrf� II ttMtC6 Su a a R t cc f°catFil rtibh YSS tat.f.Ft.h. r. 9 G Gtic n4.4.13(H)(1). f A m rJ Q r d 45_136 a119106l• fAmd Ord. 713_134 11411) /4\ C nerGgl nrmme�o rinr aGGeoonlry Uses, oaiGh as, a—Ghapel, GFeTmateF y, arrcr+h r ILe fAmd lrr 70_04 1141w057 /F\ Gaoeline o Irmo nr a r-dionenoinr-1 of gaoeline i-lireG+hi in+e VehiGleo evGept da�vrrrrca��tiv7TS-�Tr��P Tn-rc-cnrcccr��-rcv�crTrarca, cT�c�i + sq iGh Imholl nn+ he ;;llpyved in the \N/sjt .4.tlaRtiG TP hhnrhnnrl the , viJtFiGt, rPGF Gorni 'A-tj YeihiGh frnn+ aInnrr At'Apti�P 131 ie nr AI C 7��P 131 wQ ( /L/ Dinp p�GFeye Way) h�+ a nnin+ 105' euth of 4 C� e+ fAmd �lrr1 � , �o crtrr�orrn W.E.. � 713 rt4/n57• fAmd lrr 64_04 111161047• fAmd Ord. 7T120T9�97 /F\ stah ept5 a5 beyyiinn alleys, gym-as.urns, health spas miniat,u-e nnlf Gnlircec ska�n rinks fAmd Ord. 70_04 •1/4/05.7 apu.��Trrrrrer hem--vaars��reer cfl�l-rrea. TrwJ /7\ GliniGO fAmd Qrr1 70_04 X1 •1/4/05.7• fAmd �lrr1 4_91 0212"61913 , /Q\ Mewie teteFs, eXG1 irdinr•1 r-driVe ino [Amd Qrr1 70_04 1/4 05] /Q\ Dlayhel ioeo r-dinner anr-d nl Geo of o hhi fnr Gnmmernial ��--rTayrrvus�,�rrrnTCr— ��, a�-rc�pr�cc��r—tea crcraT nlirnnoeo / GGRGeFtG, love gerfermanGeo\ fAmd QFd 70_04 11 /4 05.7 /1(1\ Pea mark ha are merGhanr-dioe mar+o anr-d oimilar retail used fAmd ca-Trl-arrc��u��ara�-rr arcs, ��7--cr.:uca�rrrcr. Orr1 70_04 1141057• fAmd Orr1 5.1_0-7 10177 /1 1\ Wash with a6tc-4 ac+i�GIp:i GhaniGal ovot o nnhi, fn—.P , �Ag h minimum IntF z �i. fAmd QFd 70_04 •1/4/05.7 fAmr1• f1rr1• 51 93 thirty /r2(1\ 1 ini+c per a-Gre, nn nrnner+9 Irr�ma+r ed- se u+h o�f n -z�R Street anra nrnrFh of S.E--. 2Rd Stre�6I ihieG+ +n +he . .Pg-1 limi+.-+inno of CeG+inn 4.4 1'2/i\ fAmd QFd 47_ 11 1I/Z/177• [Amd Qrr1 •10_•1.1 415.1.1]• fAmd Orr1 70_04 1141057• fAmd Qrr1 5.4_0.1 112010.17• fAmd Qrr1. 2_512 Z' , 1021 �.�.ww /13\ Gre in Home Tine 2 anrd Gemml inity Decirden�I Hernec nl irs ion+ tq �+ , era c rr c �crr�ra-crr-r� rr°ca 5 oeci G-ah OR 9GGtiGR 4.3.'3/I\ fArr�r1 Qrd• 7n_n4��4rvd7 fAmr1 Ord. 2301 4.4 - 7 SECTION 4.4.13 (D) (14) (14) C?estai irants, GGGktail i inner Het and ResideRt�I Tine Inns may GR.fI"aTITJ, T �1TP , aTTQTTi J11T �T'fGr� 4.6.9(Fm)(3) [Amd nrr! 70 04 11415]• [Amd. nrr! 37_01 71101011 y� , y� (15) Drigie in nr i-Irigio th-n61gh FecstauFaRCG r'��Ft lGcar Ye .lh.MP-Lhp \v/pqc nt `Tnr},lemghbnrheed [Amd QFd 70_04 114105]• [Amd QFd L.`A_AA 1.1/•1 L.`/AA7 (1T r6) Hetels,, metelJ, ana�-d- RaasideRtial_type iRRcu nP Fty IGGatfad yiiLi-IiTrlttl: \A�-i°cat Att22RtiG hhnrhnnrl [Amd Ord. •1.1_•10 7/`0/•10'1• [Amd Ord. 70_04 7/ /1°°T I [Amd Ord 64_04 11116104] (177) rCTeat ding nr m0489-1 1-16-8 �r ITdeV Pm Biding rosii1�� T twelve (1 per a�GFG, b6Ft Pet exna��n 30 i inits per anre nn nrnnerty Innated � c�°°�c��c'—cr°'�°ri�T°Pcrry-�vCCrc 9GGtzicR 4-4.13(1) [Amd. Ord. 47_•1-11 /'�/7')7•s [Amr Orr 1011415/11]s • [Amd. Ord 71/07]• [Amd. 1rr . 70_04 1/4/05]• [Amd. 1rr . 04_04 11 /1C/04]_ (18)Be r aAd- °cavrmfust lAps wit IiTrli-e Wesmc aRtmGTPaihhnrhnnrl si ibjGGt t1 thGVir_, gifl—R 9GGtiG)^nT4.3.3/y\ [Amd. Ord. 1 1_1-3 712,31 /r Q�� Anr Ini+ s h en+ +GSon+OGR .3.3 (KKK). lj [Amd. Qrr1. 73_1Q I(Vv 01 (7�IaaFgeFamiIy Ghild GaFe Hnme s''bjeGt +G SeGtOGR 4.3.3/TT\ [Amd. f1�� 2s-la 101191103 (21) S ay Teur and Segway cSales na�ont set�ferth 9GGt cR 4.3.3/7777\ [Amd. Ord. 0441 r4�d� /1\ In established ctrl Intl irec uses shall he olleyyed therein i innn annlinatinn to ani1 apprnv al hy, the (`hief Ri iililinrr (lffini al fnr an nnni ire +inn al linens- (`) Cer aRy ne`nUQVel-�nmTe��annreyal must he gr7a Rt by the site PaR Qevievi and aro Anne� nn__ee _Rear( (SPRAB) p ' S{ia�ed� s 245(5),, c.-4..v(H\Trr), aRa 2[.,(T\�� nrnn I�ated yV+t�n o desinnot hi.ste- i�J Ar i`n.i-I,i.�`i'i\i-lii.�lhi desigRatedriAmd. QFd. 0.1_•17 817.11177 /Q\ GGRditinnal i ices must - nrey ni wsi pan+ the nrn�iisinns of Cer•tlnn 2.4.5(F=). crvnur-cr��rcr.�t-�a�rvP��--parsaurr�t�crr��ry-aT.�rvrr��rvcccTVTT (4) A nnlinatinns fer nnnditinnal use approval ni irsi iant to Cer•tlnn 4 4 1 Q/T\ mi 1st he detailed site nl is by the ite PaR Reviieyy and Anneoronne Rnorrl [Amd. Ord. 2_82 2141027 4.4 - 8 SECTION 4.4.13 (E) (5) /ti\ ��T+he pr�ss fnr mnrlifino n of o nnnrli} r�p�p e�Rd to plan appreyed npura�aRtte 9GGtiGR 4.4.r3 (mss as f �nic: lAmrJ Ord. 6-9-8—2 3156 (a\ Medifiga ns t aRy aspGGt of plop }ho} �nioc o hock fnr determining tarvrvamccr � a+� crn�c-v crcrcr�g gemnllange Vyitte apploGable erfnrmonne sta rl s s h ol�ta nreGG66Ct asr, a mndifigat r-tethe r T} no se annreyal lAmd Ord. 8-98 213198] \ MedmcacrtmA-.As to the nIan }ha} do nn} aff2Et the anacati.ep--nef tht. perfermange stapdards may he Prnnecc as a site plan mnrlifino}inn (6) All deV nmeRt_ar a}iYe�4hi'iGh ed th G61gh G.mthel: the Planning and sng Beard SPRAR er HPR shall be refarretE the Qev-wnvvrr gin tG- the annreYing body. lAmd. QFd. A-1`11177• lAmd. QFd. 8_98 2131987 (7) An\/ d nment of nrener Iona s in limo t er a�,,,,� Sites �-�� a��rna�sr-vr Indi�iidi ioll�i Designated vitas oc lic} nn the LI ngol Register of Hictp-ig Rlogec in �+ �, 4.5.1(!) —cr.»�,r.•r'r �, ��.,,, H0.5tp-.Pir-- r�}fin Rnorrl n6 irrrszaas t tq vGG}i n 7 7 L:/ll\ lAw,r1 Ord. 01_1-2 8-1-211124 /C\ Development Stan 1arr1R• The dey nm i-l.-ri-lo Get forth in Common �vcv crvpnr�rvtCtIYQCCra��crcP�-rrCtt�sta��cr-rvrcri--n-rvcccTVTT 4.'2 ....a pnn�l�i�''II,, � fT hceln�ni In nose of gnnflig} yVi}hncth r onnligohle ddey pmueRtr�F#teRrs this 9GG n shall annly• lAmr1. Ord. 24_95 5116 9t ('I) LJvin1icnTc v The (- BD'is—ca geegFaphoG area in Yeihinh eXGeptmGRG tG height Feg6i!atimenpn .are c . Rt tG San+a OGR 4.3.4(j). lAmr1. nrr1. 71_04 5-141041 (a) GveFall of hi iiIdingo bG A minimum of tWeRty five feet(25') and a maxi—mum of fort i_ejh�cet (48') in het h��F=XGGPtmGR6 to the height t- rmrtat�s call nnmr��lY With SeG}inn �l `'2'�,�il(j)('2) and (4) Per t�-1 ni 1rneses of thm.q— he�}��n as the weamE tapce fc�ivm grade to t��Tghest fi�"e�d reef of irf.�ne of .a fl.a} roof, er t��offi} r«c� rr�..r ca--rcvi-��rr«cc�vr-cr•-rrcrr-rvvr,�vr rrrc a-beeye the Las} ha -bloer of a gable hop er gambrel reef. A. QFd. 6 07 315107] /h\ AFGade Height .�llll the.. minimum �r� fee} (10'), re-P1 from Shall tGTTT�. , E�l�rccr-rrvnT finished argade floor }n finished argade gelling 4.4 - 9 SECTION 4.4.13 (F) (1) (c) /n\ Peer Height shall be a minimurn of ten foot (10') fnr grei Rd flnnrc an11 a R i nm iThr h+ of nine f ec /Q'\ fnr I I n �r f �c� co I . �All r a'LI'T}e Iellging shall e_a minima im fleer hp1 h�fpjgtfeet six innhos i(8'6"\ fnr all flnnrc n�Qedlttat the lebb i' �.�n��i1"all publin reems hAlll ho e_a minima im flnnr h h e+ (1�All heights shall from finishedd fleer }e finish n Auxiliary and seniine ITfGT1JGITGT. GT.I-TfC"Pr CV�T�JI'l U C,TOT6G reems si inh as garages roc ems nlese� Ian inllry reems 1lressimr, rc�vriT��avrr-ate,�ur�a��ca ,�v.� , ,�rcaa rei„eee,1mns steFage reems,M nh l, eleGtFiGal, and nIl lmhing egi Teern�+ reemra are exempted frorm r ever r height- eg-crrla+irenrs. Amd Ord 3151071 NOTE:EXEMPTIONS TO 25 FT.MIN. HEIGHT ARE PROVIDED 48 FT. BUILDING IN 4,4.13(F)(1)(C)ABOVE. HEIGHT 9 FT-MIN- 10 FT. MIN. C'1 9 Ore 4.4.13-4 - Q O'IIIr'In 9 HeiI ght Dequimnents[Amd. Qrd. 6-07 3iW7] (2) Open CpaGe• A minimum of 1004 nnn_�i en snore shall he �v-�rvTry un--ac nFG)Via8d, GXGGt as fellewsueAmd. Ord 01_12 8-1`11127; [/f,mrJ Ord 22-9.9 711 [Arnrl Ord. 24-95 C.1�16195] (a) There shall he ne minimum ere spaGe iirem rnii n e_oreo ��.,,� � `1`^�� rr arm cr eRGGFRpassed by LwG A- in A-f original -QA-kAin }e R Dev nmen�� rity as�Grih� in CeG} rrn--81.22.2(B); withip the Din rule M ea• er east of t(�rT�tal i--n-r .�TV-v�-rvTe� �e��ca—vr—c-cr�r�vr— /h\ The hedy anting iIPGR a deVelenment annlinatinn fer a nrenerty Within the jRfl T ire that eneR areas, IRrG16 filling hi it net limited- t1 nninecaFryalas, piazzas, and IandsnageE1 be nacc i�p-]eF tee ai-I�Ttelreet and nrnYii-le relef f�thie iililing mass [Amd QFd 01- 4.4 - 10 SECTION 4.4.13 (F) (3) /Q\ Building Crent@92• [Amd vrc 6--_07 245.407]• [Amd vrc 64_04 11116404]; [Amd QFdd 71_04 5144047 (a) , b6lildiRg fFGRtage f°r .ten ins°ri�Att per+i°� +�6cRg t,rhT nrimani streeCTAinTrp—, tTh-r° minimum rplY1 lyreS;dtQ rrcn o°ur-rcr. /h\ The b iilydine freRtage fnr the nrimoni st`1�^°+�nf a nnrn°r 'At is t� (b) The vi--cr•-vvTi-rcr-rc pe+tien of the 'At i�t,� the primary street mini is the minim61 Fn v Tern--vr— � `� cr-r�.. cr-n-rrrrcr� cr-r�. r Tpryllyr�Sir•le c°+honLs /n\ The b iilydine freRtage fnr �enrdory street side of a nnrner 'At ir-the 1�7T�c-a°rtrarrr�-rrvrTCa.�.c-r°'r arrcxar�a cr-r° pe+tien of tI�9'r+ ohi ltt� thG SGGenrJcTTdaiyat�a°+ mini is +hta minima im v Torn--vr rr-aucr `� cT-rrmra� crr� Tr 1—1 M..- f�+ o °or s°+honLs (d) FreRtage and SG shall - °n frnm nrnn°r+� —Gl— SI ff —1.1r �rya i1°ilin�+i°n is FegUiFed fr°m +h° r°siil+inrr Pr°PeFty line a#i-Qp i1°ilin�+i°n ui F w L�H PH Q) I-,-Z O PRIMARY mss, L PRIMARY STREET Q ¢0 O STREET mz FRONTAGE d _, FRONTAGE wcc cn m R.O.W. R.O.W. R.O.W. C in��rn A A 1Z_C._ Q��ililir�n Frontage (a The fellewine minima im frnn+ set��j shall applly orralll-aia�.sr 1 Cer hi imidoRes Vith PeSiderrtial uses en erei iRd fleer: t°crnrfee 4c�rv7 Cer h iilyines yVilth nenrecic ept�l a�ea en te-gre nr flee—r- filie fee . � c+ / 2— Cer tb6lildiRgG f FE)nrtiRg en A 1 A er en AeinTtir, 4iP ni �th.044 the %A eSt AylQrtir °-area-d-�v°OCavrhmA Area zerp feet� 4.4 - 11 SECTION 4.4.13 (F) (4) (b) \ 17--i radar?eR to SeEti nit it 13(C)(4)(o) ohe ie fnr hiii� ARgs fronting eR A� 1 /1 /lt�ntin yeel1e in the West /ltIantin Aj hherheed and Re�nh �T rrcra--r-cPCrrcrc�rr o-�o�.rrrc rrcra--rP c-acrT DiS}aj and en 1 IG and 9F. 5th and Fan 6th AP n � 1 . LOYTGD I CVCI C Gre Rd leer to thirty seven foot /37'\• A minima im of seVenty nernent (700%) and o movimi im of ninety nernent (900%) of the b6iildin Ter e shall be set hank Re greater than ton foot /19'\ frrern the nrnnerty lino The eremaining length ef the building nollbe sethonL o minima im of fifteen foot (15') from the nrnneFty lino 2. UPPER I C\/CI C _ eve thirty seven feet (37') to ferty_eight feet (480• At ast seV t /7004\ of the frnn e shall he set h�nL o minima im of fifteen feet (15') from the nrnnerty line The ey oininn length ef the- Wv ,y i7 ` aW nemny Wit h the minimum req n W ?ebaGkj.hefn area fneonh leer nnntaiR within nnr • he GtF61ct61Fe that 06 y- Ft of seVen feet (37'\ to ferty eight feet (48') in height a„ol t l ReeXGeed SeVencT ty Pe-rrcent (70,04) of the fleer ar nentained Within the aWew ab& rrrei Rd Wel fnntnrint (G)In ai-ditien to SeGtTeR 4.4.13/C\(4)(a) abeye fnr b6lildiRgG fFGRtiRg GR ether rights_ef_way in the GBDf 1 r.zLOWER CVC C _ n Rd foor to twenty fide feet (MF')• /� minima im of seVenty nernent (700%) and o movimi im of ninety nernent (90,04) of the Wdin fFeRtage shall he set hank Re greater than ten feet /19'\ frremTr the nrnneFty line The eremaining length ef the building noll set hank a minima R; of fifteen feet (15') from the nreneFt line 7 I IDDGD I CVCI C e twenty five feet (25'\ to fert�i_eight feet z:vrr twenty (480• At ast seV t /7004\ of the fFeRtage shall he set h�nL o minima rn off fifteen feet (15') from the nrnnerty line The ey oininn length of th'1.. 7LA,R9 shall nemnl�i With the minima im req�W setbtb,�jThee frlreer reafnc„ eonh leer nnnt�R within nnr • n of he GtF6Fct61Fe that 06 i twenty fide feet /ZVF'\ to fert y eight feet '\ in height ReteXGeed SeVenty PeFGent (7004) of Chef I er ar nentained Within the aWewable rrrei lRd leVel fentnrint 4.4 - 12 SECTION 4.4.13 (F) (4) (d) Q 17--rn add-rien to SeV n 4 4 1'2/C\/4\/o\ abeye where allewedr 1 UPPER LEI-Q=- abeve feFtyeight feet (48+ At least RiRety FePG°nt (9094) of the fren}�p sbol a i�e} honk o minimm of thirty feet (300 frem nrepert,y IlKe.„The remaining I�t�h of the b l i ON' neMpy Wk the ini the uirea��HO.,}j" `J�} hlan�rea Within tht�l�7tl�r'�vR of the St-tFcttFi° MY °vn° 14Y e+cg"t feet /480 in he h� olt eXGee Afty PePGeR /50elf the leer area nentained w4hk the allewahle erei inrl Ie�iel fnntnrint //e�rrnrs 1ThT ( ' te"F tewR hem°c haying resideRti l 61ses eR all are nt Fp q` ed With Upper IeVel fFe tags and leer aF ca requ remeRts. Gre, Rd leer frentjge i a� nk r eir TmeRts ll � apply. Canh stem sha net evneed tWehie feet (120 in hQ# 7 Mei-?GateRS to the fFain-r a req61ireMeRtS m�••i••ay be p mitt��te ,�I GTIT ,r�rlrrcr ca annemmedate-stamp- " ers, eleya er shafts, lira- T°ey e1e meR#,,-, ether ne habitable e1e 1°nttG e�fr��1Gt61 a sight visibility triaRgles TT > > 4ehin6filar anness ways and utilities. In all noses thmedva iGat�lrr shall be the minimum required to annemmerdate theTaGess,aarp fe o c is of reGar�T h�dth� feet (50 \ er less shall be_exemted- fr��mrthe iii ail fFeernr a FegUWFeFH°nts�nre�yide a minima im f`i'Ve�f feet (50 trc maximum t°n feet /1 GO setdaGk is pre�a fer the nertmeR -of the building frem finish grade enty fide feet (250 in h?ght anal [7T1.1 t$�crr<y-�-rv-cTCCCT�v�rmT"'y''c-crrTCr a minimum fifte en feet (150 se nk is previdec abeve_,a heie�ncfr tWeRty fide feet (250 and aheye ferty eight feet (48 \ a thirty /�� minor i �etdank frem yeperty WE; shall o�n�n�y 4. Mei-?Gat�j to t-he free ° re �1 e}et5 may be rant by the a �,�t-a�cTeq�+r ��,�,a,-r� Site-Plaari-Review anal pp beard eF the HistOw 1-1- iatien �c-�--rcacr-PCrcrvrr Beard in erder_ t° zas that ReGTthe buiIdiRg ton the e ��'.sidewalk and nremetecGeGial irnrtera$ -�-e# of thef llewine• ni ihlru!OG sseatiR areas, safes,SG InWF°�r �--a-r � � urFr ether aT werk fer ni ihlin display, and similar F Darkinrr garages SaQcnet e minima im frem and street side° tr �setbaGks of tu°-rnrfeet (100, and a minimum WHcr e m f r- five feet (5 \ frem anY alley right a way. PaN?Rg garages mi fist nemnly With regUWements of SeGtien it G: 18(B)(I4)( ii)/il\ 4.4 - 13 SECTION 4.4.13 (F) (4) (e) 6. v. n n�vrvaiiTCUtFtri-F� tt�Lttl Fnv-R t a g e re n i s i re}�S may i b e ra R t h�i �j Site n I `u`�-CTC�-aTr �� Sit-Plan-Revi.eei .;ni1 / pp LliotA-.in Ta Dr000r�i�}inn -�--rcacrvcrcrorr Rnard in n.Pdt-QP te- Gi.Vi.n hi iildinns6aGh as Iih T ni it}i iral faG.....es mi ininipal hi iildinrrs e}n /f\ Supplemen+al- IThe frrApr}rqtthar-k ATtQA shall be fopished }wo h paving mater t61 ima�+ �he ex��n n Tnr sirltQ niocvvAl Cs�iv�it IiR the a-cijaGG-rnr Fight f- 7 Ri iildinn and site design shall Dreyen}inn Thre inh Cn\/Irnnm n I'lesirrn /(`DTCfI\ s dards to the }en} �nvn-vnrrr�rrtAi �a-�� r�lttl:�r�cca��rcrrc pesF°3 Te 2 4 n ? �qhioll hAutQ o minima im widthhfte tae} (1 Af neli imps nr pilasters up to a maxim,im �Agi. lth of twe feet /7'\ /ti\ Carle intermor #er all hi iilrlinns shall be as, [Amd Ord 21 04 51410 (a) Tern fee} /0'\ from the property line if}here is yehi.G filar anness a�roilahle to the rear of any stF6FGt6H"e,-G /h)reeR Tee} (10') from the nrnneFty line Y.9hUQFG. PA P hint it�r �nness�j a�iai ate the rear of aRy ctrFGture Per a side interin t_�t n} (10') sethaGk is req aired nnhi nn nne /1\ side (") Bi ii l a uldiRgs shall G mpI With T9eGti)R 4.6.4(A), as a aab leTC-[a- md. Ord. 6-07 315107] 11116104• [Amd OFF- -21-04 514104] ja\ Side street Setidta sh o luri--atQ tai4e n fcn--rry mr the p rn p cy-- e r}�icrII i R e,�a rvr Of a d edina}inn is req aired frnm }he rest il}inrr nrnneFty line a#p-.p dedin.�}inn /h\�Ci� StFaiat -bliildi Tant ag and set-��LT jshall nnmnlY Wit h the Ga h �eE{H FeFR e Rl tG O R eGtFlgp4.442(P)(T) [A m.I n F d. 6-07 315107] (n) GGFrrtera1-nm' y GVrnrl'iR61e primapi frnn a setbA-A-.ca fnqtA n�T sixty feet /60'\ frnm the freRt prepeFty line nr if o d fine n is r996impedr fPA-.rAr}rfa Fe66iTtmRn PFGc�r}y-liRia A-ftt-QP dfadiGatieR. [Amd. Ord R-137 315107] 4.4 - 14 SECTION 4.4.13 (F) (6) (c) SAME DEVELOPMENT STANDARDS MAY APPLY TO FIRST 60 FT. O r 0 60 FT. 0 w PRIMARY R.Q.W. Figure 4.4.13-6—Go-mer ie+s rnmd. nra. C-n7 4f5.fQ7 (7) ReaF Seth� [nmd QFd 6 0 315107] (aa) All building flnnrs gall ho a minimum Gf eR fee (1(1') from the nrnneFty I /h\ Buildings shall also nnmnhi With Con+inn 4.6.4(A) as annlinahlo /Q\ C UntUrp,; A lln; xpd Wr hog Set�@nL rnw,rl QFd 21-04 51410 A7 (aa) Balr maxim]im of fe it fee (^ c am-)-oRte the rtQt;;r--rsr. (b) Loggias n��.d,rises abeyo the gFe 101-1 flnnr .aro��.allln�aolge l to onnrn.�nh iTrte—Lttl �tl3t cFca n�Qedthey rl ��eedlt e require buildiRg sethaAk of the nnrtinn of tho flnnr dirontly halms] it /n\ Deef Eaves may ' tbethe se bar--ca a maxim]im of fe it fee 1�7-1T°vr rmu� 4.4 - 15 SECTION 4.4.13 (F) (8) ROOF EAVES MAX.4 FT. OPEN TRELLISES AND LOGGIA4 --- BALCONIES 4 FT.MAX. PROPERTY LINE R Figure 4.4.13-7- CnrrGarhmnn4c TI� �97 T+qri Dogs}r , S� , and Q11ildinnc� addi}I.nrn to the a-b the Gal Register of I--lic�-in Dlonoc in CG/�}i n1� �hjGGt }� pFG_Vicinnc of Register`"' GT-Cl-7-flT TGTfG-G-G71TT�ri G��"-�i � i� , ri G�L-Lt.� l7TTSl7T SeGtOGR 4.5.1 . [Amd. QFd. 01 12 8121112] supplemental Requo.—__ [Amd. Ord. 44_04 11116104] (s) WiLtliR that peFi.e.p,�--nef the D hn1 i�n�rle by wmptI 4�ionI tQ.-v0- thtQ. Ie1Gst AI C `�Rd S Feett G_.r ��.,n,.,A-Fth, �t.,he 1R�bAi k4olat�Irti: peas} and C.G. `� Ctreo�rti-Fe se6ith, the parkiRg Peg--,iwern er-All nnn rGO.9-9.6.9 116eG GGn�S_tal Iran}o hn+�5 and mntel5 hlIGiReGG rn�rrrc�r�crr i--cr�c�, �C�cFr avrrcrrrc�;rrvc -arraTrrv �scrs�-rca� and nrnfessinnal nffiGOC, arna Gall GGRtGFS, Sh-aclrl _b-o nnno cna-G�O fnrr r ocaa-tv-h 1� 300 sq iaFe feet of r•Irnoo flnnr area 0-r fraG}inn r G narLiR vvv�gzr ar-c�}�c,,r-vr-gTV.r��TVV-rarc-a--vi--n-accrvrr � c-�a�rn}T�rtg, TCLLL-LL fnr Lttl:( �C�}ri-c rm--e -pe "cv.�fleeIr area, shall l--aallse inGr,TTVIIra-ce the To�"'�`nlllr^�n� eYo n��ef R ay p eVinl Teq iF' e paFkiRg WhiG•hh ay 1 , eIkrr..at pd%Ni.thin-O-11 ether nrophiGoreas of the vueR roI Gore onrl 4.6.@(G) shall apply as f er wothoR this�CQi'hJG GtTi n / _- [AmQT Ord. 0-8,13 4 6 3]• [Amd. Ord. U=09]; [4md rd. 3�-A7 9.11810-7]• [Amd nrd 64 0-4 44146104]• [Amd nrd 64 0-4 10-3]• [Amd nrd A 0-4 21610-4]• [Amd nrd 63 93 123193] 4.4 - 16 SECTION 4.4.13 (G) (1) (b) /h\ WheR the parking rppm�y�ern n+c are applied to either peyV deyelepm°n+ 1�7�'T cr-r� �""I`^" riGr-C'v cRrR..TrTCV�crca vrv-�-rrvr-rr expansion of an e34;663tFpry use nr a nhanrr° in 616e Whinh A-96-31-06 in +h° , Tpryl lyr°Yl'1°n+ of only nn° Rew marking croon° a eRe on° GXpnL shall b e-a I ricvPCtl. T-h i G eXeFRPtiGR FRay GRIY GGG61F GRGe eF- ep�y- [Amd Ord 6_01 222n/n7]5 [Amd Ord 6,3_$3 123/937 /n�rthe Feq iFe paFkiRg r n+ nr nanny a r�rn�iii-i-Q d- �TJ to nr off oite f°cG GptiGR IPPE^a i °mac a- OR 9GGtiG)R 4.6.@(E)(3) may he appi . Amr1 Ord. 21c�-1 r /��7• [AmrJ Ord 63_9-3 1112 /937 (d) Cnr all prnpeFty IGGA-ti -1 frnm CWOR 4wiQp,i° nn �eir-s+ +p AI�(SFFth }^ the/� ��+} Icc��-r c�rrr•�crcp-v�rrr�/•� }I�/��r�+cv-rr v �+ �rPGTfGftltrC'I e east, betwe°GTTCRa.p.t. iT`4t-QA, - C'I t-Q t-Q r�J }L�7 nn nor+h app-1 se i+h sird°s of /\ °n, a T-Awp crr crrarra-�vu � crtcr�a$ vv-rT A-f L�te -Plat (P.B. 1 , P.G. 3), the parkiRg,r equiremeRt#o Testa;,rr cat lishedaat 12 span°s p square zee f nrncc fleet area 61pte nn�g��d-t#en 15 `c'i•�o�n"°`c PGF 1 ,000 cn f+ of nrncc -I + T flnar� ey e�t�e-H� t2nn sqf�Wi t�t�{ie(n°p+inn of Old Cnhnnl Cr iar° The parking r°n,iir�}��} for resta iron+c in elonn° of the(`°n+rol The L fvITGT G�l.fTLTfCJ1Tr- ITQTfvri�vT CrGTfCTGR GeFe-and @°asap rea at sow (6) spaGeo n°r 1 nnn orv�� vi--r-vv�..ic1. of grnas flreeF ar ea [Amd lrr 2790-_1r 1 9r120111]• [Avr lrc. (11-09 1120109];`0/0907• [Arv�r1 QFd CZ_9Z •1.1/-' /93] �� The te��e a g-i eg eMAR r hnt°Il; narra-Tet eiithTr that nn f the (`Rfl hn,inrl°r1 h�i C�nnn ��i°n,i° nn �nir�s+ r�Ad C � the y �rTteR-rP�„ tQgt e s+�t�e R° tttl�r� St2� \N-A to A p the east a r'arra-v-Ez R d StFeet$�-�t�e , se-ti-is established at 0.7 of a span° fGF eaGh p616} rnnm nli is nn° \ /1 span° p°r 300 69 fF pf flppr ar°a i-1°yin+°i-1"+`n""h�.AWFnnms m°°+inrr Feems anhnps and 12 span°s per 1,000 square feet ngress lnirG�p to 6,000 sq. f�dthen 15 spaGeG p°r 1�yq #. of rrrnssfln�rea eves i"p`i'Itjal 6,000 sq. ft., restaurants and In,innes yVithi..p R°vt°GTnv� mn+°I nn propeFty Ionated frnm 8Win /\yelpue nn thi�ei°s+ +n AIC/CC rrrvccr-vrr-Frrv�vrcy-�accrccc crrcrc-vn w��rcvTr�v� FitP° tQ tp thtQ °s+ alleys nn nor+h anr-1 sn,i+h Gird°s of /�t��+i�°ni 1e shn�ein nn +h° uTrc�az�rr crr-arry-�vu crtcr�a$�rivvvrrvrrcrn. Tnyf I iR�teRPIet( 1 D the hoIonn° of the GerRtral Gere anr-1 Ranh /\r°a, rr+h° minima im pa rLi n Fe a °n+ is siv /^\ span°s p°r 1 ,000 sn f+ of nrncc fleet ar°ea-Qel.eted- restaurraaRts and Ina ropes �niit n e+°I nr mgtel [A rr�r1 (lrrl rt 70/77]• [A rr�r1 (lrrl 07_ vrr rr ccT-vr�-rry A',�p.� d. rd vQv--1r1--vrvQ]• [AmrJ Ord. 35-07 9118107] s 4.4 - 17 SECTION 4.4.13 (G) (1) (� (f�he parkiRg Peg uT.PerneptS f•'rcr PeSideptial aTri S; i..A rmr 6iltT°mamiiy atruGtu es and mive�lse b 1ildings shall be � fnllews• [Arr�rl Ord. �Q a�-ra--rrn�c r.�crrrcrrr��-crrr��.. �cm-vvra. • Cffinie An.'.-I-.-840@ - Ai+ • OR@ herJrnnm .-h.-elliAg - Ai+ 1.25 inanes/. Ant • Two or more bedroom ri-e-elling -mit 1.75 inanes/.snit • Guest narking shall he provided n--m--la+iyely as follo�n-r for the first 7n --Ante for- s '2'I_Fn n 7n manes/--Ai+ \�thin Tewphn--se anal Tey Rhn--se tine nleVelnnments narking magi be nr�rvvTacc in front of garage_161ROttS PFGViQe t 611nh narking Angs Pet res--I+ in the spaGG for ono --nit i Rp dinrra n�� tn�paGe of +ho other rcaaT nT�--" "f"uc�rv�--vrrc-crrrrrn cc �v uc�vrcrn�crr� --nit [Amd Qrrl 01_12 8121112]; [Amd �lrrl 37_01 71101011 s /h\ I Ora+ien of Guest Darkmnn CnareS� Guest narking snares must -he ible n �Is-rt -s pguests and FRay be nontr-lized a ann j � e� d Igo�toi1 ReeF FeGFee}-^ eatures i.t�nacP nmeRt PrFGj nt [Amd f1rrl vrr��21117]• [Amd.wrcw C 0�3 512010 3] /i The narking req�eMeRt for h--sipess .�ni-1 nrgfossign.�l gffinos ithiI4 thtQ AIlAwmRg n"n"Ir`^ j.q a t} _ ^fin a�� lichee pouf ono / I\ cr�o n�eT 300 sq. fit nef Ae+ fIn��tet-Fat. [Amd.v- rd. A�1_�1'2 @1-2ii A 2]5 [Amd.Ord. 0�1v�--09 11-20109]5 s 1 . The enpv t-rn,.p ef G D hn1-odes by Swo.-nr .4A4tQAtQ n thtQ y 86t, AIA .F=.2ndSLteet-GR the-RGFth,thGe Ir�tFaRGA-asbAi k4olat ne4•'crvvay eR the °e s .�n�laS.Ez 2Rd StFeet GR the GG 1+h• [Amd. QFd. 07_AA 3131097 2. The PGPI.A-.P F- a hr-rcth 4Pg n-cr�ic-vn thiQ. West, Ni F GtI4yen1n the east, N.E. ` Rd Street eR the seulth Geerge Bush Rhi A the nor}h• and [Amd. Ord. 07_09 313109] 3. The pertieR of the r D be-up led by S.E.5 AAienln thtQ. wtQr ,r,� S.E. en--e nn east 7nnl C nn ReFth anal C C vct�-l-�t�Fcrrcr�vn t�(.�caa� . ��vt�e2t--vrrTrn-r-crrTa--�� 4th StFeet ep the seuh [Amd Ord. 07_09 313 4.4 - 18 SECTION 4.4.13 (G) (2) (Z) West T+TI R-a7n T+Tin-, Ar leinhherheer CunnleT"Tn+RaTl I lic+riu ienq- T he - --..n+ Ren� la+...... 1 1 T. Dis r as r-fafiTn T in dGGtirnrn 4.d-6/R\• [Arr Orr 64-134�11r11r6 r/v 047 7 (aa) C` nGFGmal GtFUFGtUl-oo are limited }n a maxima im depth of 150 foot from the ulti-m—ate Fight of way of ^LtAlnTti[mr, 4w ni fie i finless the narn°el�--1 freR� e nn NP AI. fie er C VV. 5th A4eni fie AnnoccE)gamy--ase°a 66Inh as narking areas Iani-lsnaning and i-lrainage FeteRtlelpl may extend- hey 0(1 feet limit Gs lishment er nancinn of cn-a—rs�.. c--rcrvr-iTn�-r�a rrrcn-r-vr- atF6Fat6lFea he�d IF—:;Q— feet Ir FRay he Ile sisal �o nenilitien �l i ise 6i iGGt tG th9i 10rod finding6 Gf 9Gmn 45CG\ -� (b) There mi Pe atroir--tlr vn repair a n�IcaTTar vTT ee rnr�r Fc}rii Tnr�Af AAA-Ter genferming single family reGmdennes Ienate91 a minimum of IF—:;Q— feet from Atlantis 4wen6fie /g\ Civ (6) narking snages per 1 ,000 square feet essss fleeraarrea are I-equorpPI frrAr--rr°ea and nee (I) narking mane n 300 square TCeu__t of gress fleer area is required fnr all ether nnn_recirlential uses, evgent het an—«rra--rmetels ani-1 hi isiness ani1 nffines D�rPA g� sn�? fnr resirlent�l i ices ore required rates es lishei-1 in a �crcrr i--a�ca—a-rcT`"'``11``^^ �� .r ccrrrT 9ee-Gtm,Tr4,6.Q(G)(2) rAmrl Ord 01_09 11201001. (d The na�rkiiRg e �eYllen r hotels and motels is es lishea} (\ 7 of a G ri rr rya-rrrvrcr..r-rr�.� �v�--vra ampune fed r eaGh g6leSt deem P1616 one (1) mpune n of flnnr ur°ec°r-aeve-ted- trc -hall rs,TCCtiRg rc�ree ns, venps a a— nrr r—.six (6) s7FaGeG Per 1,000 sg f+ of fleer areQeeveted tC--FestaiiFa Tcj—a TQ lei inges wothin the hotel er motel (e) if the required parkiRg � RG)t be pre iir1e n� t� A Aff-site- the in I081-1 fee GptmGR nre Vmde I R ScGtOGn [L(��\(3) magi he ape-! [Amd Ord. -21�A7/�1�1] "� /f\ Parking areas ani-1 anness ei j to narking Iets FF11-16- e InGAtGE]tthe Tear of gnmmersstrur--turess } haaye ' e nnT� Apr Pence \k4h�ercrc-lG-GaRRg pa kg tG the FGac�i-volt i-Q �ihIr�TC-vT ann aate�ethe Site Pap Revmmavv `"��`" Af pearange Rnorrl m annreye an alternate lenatien /g\ The narking r ent fnr hi isiness and nrnfessinnal effines is l J7T� ��crTr-rvr-rscr.�n-rc�� nT-ray--vnTaca�.� eeab Iishe at one (1) sea a Per 30,069• ft. fle�� .mod Orr- 0�1_09 1/70/097 """ ""I (`2) Hi6 6+r��'� Sotes, and QuiIdinng- PFGPe.-rrtFCr Irvsac with0P A Histe-Fir-- PaGeS 4.5.1(1), shall GGR;ply With the Visual C;c)rnpatoboloty-2-t;-;Ad-;-;Pd-.q- Gf SeentcatOGR 4.5.1(F=)(8). [Amyl Ord 01_17 8 4.4 - 19 • I I r 1 1 1 1 AN WHOM 0--liffill. MIMI 1 1 � ■ 1 1 1 1 ► - 1 � � 1 1 ► I � 1 . � I � _ • • 1 1 1 \ 1 1 \ 1 1 1 I 1 1 \ 1 1 1 11 1 1 � ■� �� X 1 1 I I 11 111111:,l :: 3111M TZ 1 1 \ 1 1 1 \ 1 � � 1 \ I I d ff.1 b MR.1- 1 Awwr- ..............Ml d. .d AXVAFM 111101,11�11111� 11111111 MI.WO 0 PW 91 RAW W!ft! I! ........... ON Mlip , w 0 'FlmT,4=ffiTl"r2 M IL-Ki!RAWA FlPZ U-49A II . ZMT 2772MY . ..... MW....... e warr.WA • P. M. P.6"M All 101"Im 9#A a-VIN M- ................................... A war.". ................ Mom- ------------- .60 fow moll r.vwffl.M VIM 1 2 MEW W.- P.M.'row.1"! -1 MW I PS RINI-101 .9.1101110-AI SECTION 4.4.13 (I) (2) (2) Iditm.p-.p te the stap : and requiremeRts set fer}h in r-rn-sa seEtiep twelve (121 61 Ril 1Q_AL A/A/AL7• [ �md Ord LA� L �}rol ( nr° are oc f �: [ � rr Ord. _ nn 11.11G.04]5 [Amd Ord. 8-98 213198] (a) The develepmept eferu��arrra}ricA. ..A.--desogR to ad-d- -nTC rcr°ca�tplttl: i F iG i.1i�°f ifF A-,mrl iildi A-66. et pa nnn a° several-A-f-th l�i c Ilnn.g ele T�s�P�ty in yVm..A A-yV}LTioCTnJ r rnnr shapes ' f cn nnr�?; and design elerllnTTeptss sanih aass shutters, yVi-A Aw m, llinns nc�zTVias reEcnrratove toles er similar d—isti.RguishoRg feature?. [Amr1 Ord. �1_134 514104]• [Amd Ord. 8-98 213198] (b)If the b6iildiRg inn16 ides a narLiRg g age-as-«rra�ar'aaTacell-=rtF6Fct6lFe GF VAt - t'h°.. nrinninal hi hiding, the garage eteva}i n pre iid m o�; eleP1QJ ,L .th ain hi iildinrr thF ,irrh the 1-16e. of similar hi iilr-Iinn mat°r , and nnlnr and hnri�llY1� GIGR GRtS ova T..TT ll..�.��llTTV��O, arnhi al St yl� P °nt of }inn of ,inr-I flnnr �,�e� �r—a--�o��,--ter— � n°rimeter onion°n} }n c}r°°} rights ef.,�,�,nio,.�,iis deye}°rl }n yyi-A ew displays er fv li--leeF ar a�itive--uSeu�-ttl--crJ eta.ml tia Persnna1 Ani-1 hi isin°ss s°niin° °s lishm ,.,+ °n}°r nm°n} nffin°s is ��t „Tents, crrrcrta,�n-rcrr , vn,�cca, et(�� age rnmd Ord 21_04 5141047• rnmd Ord Q_QQ g? \ cber�ffer°n} --,Am.} types sizes anP'I fleer plans are avail e vPit Trlt p deyelepFRept Ty gp a n PI t#reehepl ppp m ,i n its a Fe e n nTTCV U Fag-E r as are a nnmhina} r� nTr-cr A.d- flats. IIR pr(GG}s GRS& nforTm�nrPtaR tWeJV a (1 2) dwell i ini+s' the IFtin��e#��nn�no,rr s ie type ,ini}s may "�� 4°^d- `FO/ of he tet-al i ini}s Th°rr nn a �cmTr� �c v7o-vr �rrrc�� Try m avim,im ,TT n eFGeRtage lest li sp°d fnr nrnrests�h �� inr }w°Iv° /12\T nr fewer upit a mix of ,ini} }yin°s an—arra-6izZes is nn,iron [Arnr1 Ord. Q_QQ 2111QQ7 (d)The PF°TGG °sign shall nreate an eyeroll ,inifi arnhi}d al nharan} ri-a�-c rrr-crccrcc-crn--cvcl�urrurn�-r r ��,,.,-cr�t,-�vrra�-acr and 0 F age by use of nnmmen elemeets�et+aveep 'iIi-]i T parkoRg Win} and IanrlsnaniRgExamples of snme Teaturesthat it e i n nn ateElte Meet-L7-liss s to n i-I.a rill .A r°• f r d i n rr light n PI e�te�-F light ,.,I f i y t 6l r,a,y ,L�t�t�t�, A—rare—QeEvra-t /moo A E st°acrti�wT�Lttl: aui aT Tteat tFe'at�C '�LtFl -b lu i 1 d i n °s}r i acrn�T aTTertr[Te7�a n�Tam beeshes, shaded- .,a l ys, aR- paverneRt that ar° similar in forms nnlnrs mat°r� nr d Is as �ial:dhite4tur of ,��,Ta �Qeta�,�-�� l-iilr-Iinn/s\; fnnol Pnin}s6aGh as p ihlin or} water eteaturta,fe inta-�R-, nr+,lFt yarr-I nr n,ihlin plazas desigped °n�e °n}�� .�I�a nv rrti-pueus pedestroaR walkway; nr a of similar features that+meet-the teptet-thIss sqta",cra;d [Amd Ord 21_04 5.14/04]• [A. .d- Ord. 8-98 213198] 4.4 - 22 SECTION 4.4.13 (I) (2) (e) The dey pmen} PrnVid°c GFgmmerr—arcs oarrndler amu°-rpritimas,�cr r � ��an e s eiimmipg nnnls eXerniGe Feems stl-agee Feemrs e IGGkcerS,GGVGFG narking aarraeeS GGHFtyarrls er similar areas apdle . rA , . Ord. 8.9-8 ' 4/QArAtQA es (f�he dey amen} premetes edes}rio�TAv°yy��6 by preyidinn nnn�i °n} ann866 from resii-18p1 11pi}6 +G°TlT n hlin 611-1 ct�rrP fcrrr-Qacc��rmrr a crr i--crRn� c� 1i b l i G �r�ca v cmt system. D °s ' n ores on6ett 6iildinn are °nhonn°rl by r�rn�iiilinir aidi}irnrnra.l srid-°aycacrrk r arc°a cc}� s Am°�level aq the ab c}tiRg n1 ihl diQw;;lk4GGessw y6, to narking arcs are desigRe i�aa manner }ha} minimi��G nnnflin}s h° e n �i°h Gl o�p °s ' n6, rrrrn-rrTCr- ��sc � the,� ,,� The p6 hlrr�liG StFe°}cT-GF i—mrmrr io odioGGRt tG d8 F pmueRt are enhann8i-1 in a manner that is nnnsi6t n} Yyit.h. th.'8 StFe in the ar�crn�urTCCCrn�--cr-m-arrrrcrLth�c-r.�--�svrrsr.�c�rrc-aPr d-A-yVin�te-vi-n area (M.G., inst:-;ITlu a}cirncrn o�f Rede�s, ext°nr�sinn r ovT f � 6tmR P r hlnnk s„sterg,iRstalla n of annrnved street ightog-, e}n \ [Amd Qrrl 8_9-8 21319-8] �7Th�QeVeIGPFRe-� T�GPP � ��t�•-re paFkinrr .innessways "�"f"T�TAT > > driveways, Gtr., with er nreyides aidi}i gal narking spa S rt that may be 6ised by the ni ihlin [/f,md Ord Q_QQ 213 (h-1)--rPrrejeEts f�rvrrt-Ar'g e r AtlaRtG Avenue, N\A//C\A/ ti Avenue, N.E. i st C et nr S.E. 1 6, tF et ngn} n nnnr°sii-1°n}i.,- .l 11686, nn rni ini-1 4t�e , LteGL�CITtQllTrttl-AIZTJG J�Tr-��.,�,T,l��LITTCT flnrn-ei 4TtIe SGV n}�i_fiVG PGFGGGRt (7ti�T sl lrfoTraGCe-area li FI�Fvrri street wall/s\ at the g of eaaa,nah6l-lnh hl lilt-ling 06 deVEAeG-1Ce display wiRdeyis and teen roRGGS tG �m TmT°rniol 116°s from n11}sirl° }h° hllili-ling [Amd Ord G4_n4 X11116 04]5 [Amd Ord 21_134 5514104]; [Amd Ord. 8_9-8 21419-87 The Ioa1ndSGane plan fnr the dey nmeRt pree te onrl innnrnnro� eXiGt+pg Rat+ve vegetat, wheFe available), prnVideS RAW IAPPIsnA pipg } is iern exn�°6,s of mipimurn stG� r e /in height a�nra gf6lan , aer�vrrJt ateG 1native--uGa-Anc -f pIaRt ri I ii—lips—eves, it p nrn�iirles 1l6eahle nnen span° er nl lhlin plazas and maximizes a1roilahle ar fnr n es n 1n� tInn If n api to anhie'ie 6 6 i-IaFd zrreas�� t�ar�TCera��-rr-rresess�„��-aarR� ��ar� the nrnien} may GXGGG-1 the mavimllm s°}honk area nn the greuRd flnnr. [Amd Ord. 21_04 514/n41 /Q\ it is aGkRG l gedthat-it FRay RGt be PGGGible fnr nrnien}6 Whinh inYn44e the m nrrrvamca}rizrrn--nvf e iet i R g 6tr6Fct6lFG6 tG nn�y With m o ny of the a eve ref er°cTrced- , nlE)Yrne �} nPPnr F}i° .q-°niin°s\ [Amd (lrrl Q_QQ 21419-87 4.4 - 23 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: February 13, 2015 SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 ORDINANCE NO.03-15(SECOND READING/SECOND PUBLIC HEARING BACKGROUND At the first reading on February 3, 2015 the Commission passed Ordinance No. 03-15. DISCUSSION This ordinance is before Commission for second reading to consider city-initiated amendment to the Land Development Regulations of the City of Delray Beach; amending Article 4.4, "Table of Contents"; amending Section 2.2.3(D), "Site Plan Review And Appearance Board"; amending Section 2.4.5(F), "Site And Development and Master Development Plans (MDP)'; amending Section 2.4.6(F), "Temporary Parking Lots"; amending Section 4.1.1(A), "Base Zoning Districts"; amending Section 4.3.3(I), "Community Residential Homes And Group Homes"; amending Section 4.3.3(S), "Antennas Not Located on Telecommunications Towers"; amending Section 4.3.4(J), "Height"; amending Section 4.3.4(x), "Development Standards Matrix"; repealing Section 4.4.28, "Central Business District — Railroad Corridor (CBD-RC)'; amending Section 4.6.4(A), "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts With a Thirty-Five (35) Foot Height Limitation"; amending Section 4.6.9(C)(1), `Bicycle Parking"; amending Section 4.6.9(E)(3), "Location of Parking Spaces, In- Lieu Fee"; amending Section 4.6.9(E)(4), "Public Parking Fee"; amending Section 4.6.16(H)(4), "Foundation Landscaping Requirements"; amending Section 4.6.16(H)(5), "Special Landscape Regulations for Properties Within The Central Business District (CBD)'; amending Section 4.6.18(B), "Buildings Within The Downtown Area"; amending Section 6.3.3(F), "Regulations Governing The Use, Design, and Maintenance of A Sidewalk Cafe"; and amending Appendix A"Definitions". RECOMMENDATION Recommend approval of Ordinance No. 03-15 on second an final reading. ORDINANCE NO. 03-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING ARTICLE 4.4 "TABLE OF CONTENTS"; AMENDING SECTION 2.2.3(D) "SITE PLAN REVIEW AND APPEARANCE BOARD"; AMENDING SECTION 2.4.5(F) "SITE AND DEVELOPMENT AND MASTER DEVELOPMENT PLANS (MDP)"; AMENDING SECTION 2.4.6(F) "TEMPORARY PARKING LOTS"; AMENDING SECTION 4.1.1(A) "BASE ZONING DISTRICTS"; AMENDING SECTION 4.3.3(I) "COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; AMENDING SECTION 4.3.3(S) "ANTENNAS NOT LOCATED ON TELECOMMUNICATIONS TOWERS"; AMENDING SECTION 4.3.4(J) "HEIGHT"; AMENDING SECTION 4.3.4(K) "DEVELOPMENT STANDARDS MATRIX"; REPEALING SECTION 4.4.28 "CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR (CBD-RC)"; AMENDING SECTION 4.6.4(A) "COMMERCIAL ZONING ADJACENT TO RESIDENTIAL ZONING OR ZONING DISTRICTS WITH A THIRTY-FIVE (35) FOOT HEIGHT LIMITATION"; AMENDING SECTION 4.6.9(C)(1) "BICYCLE PARKING"; AMENDING SECTION 4.6.9(E)(3) "LOCATION OF PARKING SPACES, IN-LIEU FEE'; AMENDING SECTION 4.6.9(E)(4) "PUBLIC PARKING FEE"; AMENDING SECTION 4.6.16(H)(4) "FOUNDATION LANDSCAPING REQUIREMENTS"; AMENDING SECTION 4.6.18(B) `BUILDINGS WITHIN THE DOWNTOWN AREA' AMENDING SECTION 6.3.3(F) "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE"; AMENDING APPENDIX A "DEFINITIONS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE. WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the distinctive character of each district; and WHEREAS, the City Commission seeks to update its land development regulations to ensure the highest quality built environment and enhance multi-modal mobility options; WHEREAS, by separate ordinance, the existing land development regulations for the Central Business District are being reorganized and substantially modified to make those regulations understandable to the public,predictable to landowners, and easier for the city to administer; and WHEREAS, certain other portions of the land development regulations need to be adjusted to reflect the new regulations for the Central Business District; and WHEREAS, prior to public hearings before the City Commission, all proposed amendments to the city's land development regulations must be reviewed by the Planning and Zoning Board pursuant to LDR Section 1.1.6. The Planning and Zoning Board reviewed these amendments at a public hearing held on October 6, 2014 and recommended that the City Commission approve these amendments. Pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined these amendments to be consistent with the Delray Beach Comprehensive Plan; and 1 ORD.NO. 03-15 WHEREAS, the City Commission, at duly noticed public hearings on 12015, and on , 2015, received and considered comments from the Planning and Zoning Board and from the public, and gave careful consideration to all aspects of this ordinance; and WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach that the land development regulations be amended as described in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH,AS FOLLOWS: Section 1. That the Table of Contents of the land development regulations shall be amended to read as follows: ARTICLE 4.4 BASE ZONING DISTRICT.........................................................4.4- 1 NOTE: Each individual zoning district, except Central Business District, is structured as follows: (A) Purpose (B) Principal Uses and Structures Permitted (C) Accessory Uses and Structures Permitted (D) Conditional Uses and Structures Allowed (E) Review and Approval Process (F) Development Standards by Reference to 4.3.4 (G) Supplemental District Regulations by Reference to Article 4.6 (H) Special Regulations, as appropriate Section 2. That Section 2.2.3 of the land development regulations, "Site Plan Review and Appearance Board,"shall be amended to read as follows: (D) Duties,Powers,and Responsibilities: (1)The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: (a) Certain site and development plans, as provided in this Code (b) Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(F)(1). (c) Granting of relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)] (d) Preliminary and final landscape plans (e) Master Sign Programs (f) Signage as allowed by Section 4.6.7 (g) Appeal of administrative interpretations made in application of the sign code and the landscaping code (h) Architectural elevations (i) Streetscape and landscape features (e.g. walls,fences, lighting, dumpster enclosures, etc.) (j) Recommendations to the city commission regarding the Incentive Program in the CBD. (2)—(3) [NO CHANGES] 2 ORD.NO. 03-15 Section 3. That Section 2.4.5(F)of the land development regulations, "Site and Development and Master Development Plans (MDP)," shall be amended to read as follows: (F) Site and Development and Master Development Plans (MDP): (1)—(2) [NO CHANGES] (3) Procedure: A site and development plan shall be processed through the following sequence: (a) Receipt and certification as complete; (b) Consideration at a public meeting before the Planning and Zoning Board,the Site Plan Review and Appearance Board, or the Historic Preservation Board as appropriate, at which time action may be taken. (c) For Class V site plan applications that include a request under the CBD's Incentive Program (see Section 4.4.13(H)): final action before the City Commission, after receiving a recommendation from the Site Plan Review and Appearance Board. (4)—(7) [NO CHANGES] Section 4. That Section 2.4.6(F)(3)(e)l. of the land development regulations, "Temporary Parking Lots,"shall be amended to read as follows: 1. A temporary parking lot may be permitted within the following areas: a. the portion of the Central Business District(CBD) and Community Facilities (CF)District which is bounded by Swinton Avenue on the west,the Intracoastal Waterway on the east, N.E. 2nd Street on the north, and S.E. 2nd Street on the south; b. the portion of the CBD and GBP RG District which is bounded by N.E. 2nd Avenue on the west,the FEC Railway on the east,N.E. 2nd Street on the south, and N.E. 4th Street on the north; c. the portion of the CBD located east of the Intracoastal Waterway; d. the non-residential zoning districts bounded by Swinton Avenue on the east, I-95 on the west, N.W. 1st Street on the north, and S.W. 1st Street on the south. Section 5. That Section 4.1.1(A) of the land development regulations, "Base Zoning Districts," shall be amended to read as follows: (A) Base Zoning Districts: These "Base Zoning Districts"are applied to specific parcels of land,for the reasons as stated in Section 4.1.1, specifically as they related to land use and design. • A Agriculture • RR Rural Residential • R-1-AAA Single Family Residential • R-1-AAAB Single Family Residential • R-1-AA Single Family Residential • R-1-AAB Single Family Residential • R-1-A Single Family Residential • R-1-AB Single Family Residential • MH Mobile Home • RL Low to Medium Density Residential • RM Medium to Medium High Density Residential 3 ORD.NO. 03-15 • PRD Planned Residential Development • GC General Commercial • AC Automotive Commercial • NC Neighborhood Commercial • PC Planned Commercial • CBD Central Business District • RT Resort/Tourism • POC Planned Office Center • POD Professional and Office District • RO Residential Office • PCC Planned Commerce Center • MIC Mixed Industrial and Commercial • I Industrial • CF Community Facilities • OS Open Space • CD Conservation District • OSSHAD Old School Square Historic Arts District • SAD Special Activities District • LI Light Industrial • OSR Open Space and Recreation G B P IRc Section 6. That Section 4.3.3(l)(4)(d) of the land development regulations, "Community Residential Homes and Group Homes," shall be amended to read as follows: (d) Community Residential Homes and Group Homes shall be allowed as a permitted or conditional use in the following zoning districts: Z O N I N G DISTRICTS TYPE OF REST- AR- 1 RL RM PRD O SOHAD CBD, CF GC PC QRD RQ DENCE Group Home, Permitted Permitted Permitted Permitted Permitted Not Permitted Permitted p , Type 1 Permitted Community Not Conditional Not Conditional Conditional Conditional Conditional Seaditieaal Residential Permitted Use Permitted Permitted Use Use Use Use 460 Home Group Not Conditional Not Conditional Conditional Conditional Conditional Sead040eNa1 Home, Permitted Use Permitted Permitted Use Use Use Use Ilse Type 2 Section 7. That Section 4.3.3(S)(3) of the land development regulations, "Antennas Not Located on Telecommunications Towers,"shall be amended to read as follows: (a) Non stealth and stealth antennas mounted on rooftops,buildings, or other structures which constitute a principal use,are a permitted use in the following zoning districts, subject to the limitations and requirements contained herein: 1. Medium Density Residential(RM) 2. General Commercial(GC) 4 ORD.NO. 03-15 3. Central Business District(CBD) 4.4. Automotive Commercial(AC) 5.6. Planned Commercial (PC) 6.-7. Resort/Tourism (RT) T-9. Planned Office Center(POC) 8.4. Professional and Office District(POD) 9.44. Planned Commerce Center(PCC) 10.44. Mixed Industrial and Commercial(MIC) 11.4-2. Industrial (I) 12.44. Light Industrial(LI) 13.44. Community Facilities (CF) 14.�. Open Space and Recreation(OSR) Section 8. That Section 4.3.40 of the land development regulations, "Height," shall be amended to read as follows: (1) Defined: The vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between tie beams and ridge for gable,hip, or gambrel roofs. The height set forth in the matrix is the maximum height for all structures within the respective zone district except as provided for in Subsection 4.3.4(])(3)&(4) and for the CBD zoning district as provided for in Subsection 4.4.13(D)(1)(a). (2) Basis for Measurement: (a) For buildings adjoining one street,the grade is established from the mean elevation of the crown of the street along the lot frontage. (b) For buildings adjoining more than one street,the grade is established as the average of the mean elevation of the crown of the adjoining streets. (c) When applied to single family detached dwelling units, less than three stories,within residentially zoned districts,the grade is established as the mean elevation of the finished surface of the ground adjacent to the exterior walls of the building. Under no circumstance shall the grade be higher in elevation than the highest point of the unaltered dune or the crown of the street. (d) Within the CBD zoning district,building height is also measured by stories. See Section 4.4.13(D)(1)(a). (3) Exceptions to District Height Limitations: [NO CHANGES] (4) Increases to Height Regulations: (a) Prohibitions: [NO CHANGES] (b) Allowances: An increase,to a maximum height of sixty feet(60'),may be approved by the City Commission in any zone district not listed above,except for the CBD zoning district, when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below, as applicable. (i) That the structure is to be located in one of the following geographic areas: (1)—(5) [NO CHANGES] 5 ORD.NO. 03-15 (6) Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues), except for property located in the CBD zoning district. (7)— (8) [NO CHANGES] Business Pistfia), &ieept for-t44 pei4ion within 150'of afi�,zening distr-iet Whiek has . mwEimum heigi,+limit of 35',measur-ed 4 the p peA lire of the GBP zened„ pe Reserved. (10)— (11) [NO CHANGES] (iii) [NO CHANGES] (iv) That the increase in height shall be allowed if two or more of subsections 4.3.4(J)iv(1), (2) or(3) are met: (1) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48-foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In (2) That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); (3) That open areas, such as courtyards,plazas, and landscaped setbacks,be provided in order to add interest and provide relief from the building mass. (5) Special Activity Districts: [NO CHANGES] 6 ORD.NO. 03-15 Section 9 That Section 4.3.4(K) of the land development regu lbn, "Development Standa A MkW%` shall b amended to read mflo! 2y § :- ` _ = f f \� 222 z z , z of :9 : : 2 y / e { e £ 7 2 2 2 e e e \ } £ £ § ) / \ J n : £ / / £ £ ) ; § / } e R e R M M R e / £ £ m ) ` , F- L) � F- z z z z z z z z , U) o � o msaz < y 2 ! f & ! 2 z - - z < z e - z _ o N § § 1W - § � § M M F- 2 - _ zo w - a R _ d U) 01 ® w ® - : - - - 2 e - - ■ � . { ) r 2 ! a , § o 2 fGLZ : & ! , x \ � 0IS @ / ® : , } � 0 { , , gd � k \ ) / Gqe : \ - - - < m ; / ) { / ) f / { ; ( { - RBoe _ )o OW\ G ! \ ! E / { W _ Co: u Co: : . z , 2 » E ° ° ° { $ ! \ W § Rf § - ) } \ ) \ E 2 ! - ® ® _ - � ) - � \ ) i ) ( , _ § ) f ; , { ! | 2 z « , § / Eu o ( / ! \ kk ( ) _ / : » _ \ / { \ 2 = ) § ) _ f » ƒ : ; > [ § ) ) - \ ) / � : a _ - ; § � ? of J ! } - - \ d u00u § £ « 6 i - - 7 ORD.NO. 03-15 Section 10. That Section 4.4.28 of the land development regulations, "Central Business District— Railroad Corridor (CBD-RC),"is hereby repealed in its entirety. Section 4.4.28 will be marked as "Reserved"in Section 4 and in the table of contents. Section 11. That Section 4.6.4(A) of the land development regulations, "Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-five(35)Foot Height Limitation," shall be amended to read as follows: (A) Commercial Zoning Adjacent to Residential Zoning or Zoning Districts with a Thirty-five (35) Foot Height Limitation: (1) Properties subject to the development standards of the Central Business District(CBD) shall comply with the following: (a) Where the rear or side of a property directly abuts a zoning district with a height limitation of thirty-five feet(35')without any division or separation between them of thirty feet(30) or more, such as a street,alley,railroad,waterway,park, or other public open space,the following shall apply: (i) For buildings or portion of the buildings three stories or less in height, a ten foot(10') minimum building setback from the property line shall be provided. (ii) For buildings above three stories in height, at the top of the third story,minimum side and rear building setbacks of 30 feet shall be provided-a twei#y two feet(12'`minimum building sethael from the property line sha4l be for the portion of the building that is over three stories { '3 in height. (iii)A solid finished masonry wall six feet in height, or a continuous hedge at least 4-1/2 feet in height at the time of installation, shall be located inside and adjacent to the portion of the boundary line of the CBD-zoned property which directly abuts the residentially zoned property.Walkways and other pedestrian or bicycle connections shall be placed through the wall or hedge if they provide links identified on any adopted bicycle and pedestrian master plan or if SPRAB determines the would promote desirable connectivity between properties. if a ..CA ;,...,.e 4,.hcA Section 12. That Section 4.6.9(C)(1)(c) of the land development regulations, "Bicycle Parking," shall be amended to read as follows: (c) Bicycle Parking: Bicycle parking facilities shall be provided in a designated area and by a fixed or stationary bike rack for the following uses: (1) In shopping centers at the rate of five (5) spaces per 100,000 sq. ft. of gross floor area; (2) At fast food restaurants, government offices and community centers, and commercial and private recreation facilities at the rate of five (5) spaces per facility. (3) For all uses in the CBD zoning district, see Section 4.4.13(I)(4). Any non-residential use within the City's TCEA which, through the development review process, is determined to generate a demand. 8 ORD.NO. 03-15 Section 13. That Section 4.6.9(E)(3) of the land development regulations, "Location of Parking Spaces,In-Lieu Fee," shall be amended to read as follows: (a) The in-lieu fee is authorized only in the CBD,, GRC-, and OSSHAD Zoning Districts,in compliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in- lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See corresponding map). (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD -$18,200 per space. (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or-CBD - RE and which are not included within the Pineapple Grove Main Street area,West Atlantic Neighborhood or Block 69 located in the Old School Square Historic Arts District (OSSHAD) -$15,600 per space. (3) Area 3: Parcels located within the OSS14AD zoning district,except for Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned CBD^r CBD RC -$7,800 per space. (4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned CBD - $4,000 per space. (c) All proceeds from such a fee shall be used for parking or pedestrian/bicycle infrastructure purposes. Section 14. That Section 4.6.9(E)(4) of the land development regulations, "Public Parking Fee,"shall be amended to read as follows: (a) For properties located within 4W 750' of a programmed public parking facility, excluding property zoned CBD .,r a',...CBD n r an alternative to providing all the required parking on-site is to contribute towards the construction of the parking facility. The cost per space shall be based upon the location of the property for which the public parking fee is being sought.Area descriptions and corresponding fee amounts are hereby established as follows: If for whatever reason the public parking does not get built the City shall retain the fee to provide parking or parking maintenance in the quadrant of the City where the development is located. Section 15. That Section 4.6.16(H)(4) of the land development regulations, "Foundation Landscaping Requirements," shall be amended to read as follows: (4) Foundation Landscaping Requirements (a) Foundation landscaping shall be required. This shall incorporate trees, shrubs and groundcovers with the minimum required specifications as set forth in 4.6.16(E). Multiple tiers of plant material should be utilized and thoughtfully designed to accomplish the goal of softening the building mass while adding vibrant color and textures. (b) New multi-story structures or landscape improvements to existing multi--std structures shall adhere to the landscape requirements set forth in this section. The purpose of these requirements is to aesthetically and visually buffer larger structures and to maintain an appropriately scaled relationship between the height of the structure and its surrounding landscape. 9 ORD.NO. 03-15 Foundation trees with specifications listed in Table 1 shall be planted along the building facade that faces a Right-of-Way, except in the CBD zoning district where alternate landscaping g configurations have been incorporated into the Frontage have been incorporated into the Frontage Standards in Section 4.4.13(E). ii The spacing of these trees shall be determined based on the average canopy width of the proposed tree. These trees shall be spaced appropriately so that the canopies shall be touching at average maturity. iii Typical Foundation trees and spacing requirements are listed in Table 2. All trees listed in Table 2 are examples. Other species may be used so long as the spacing meets the intent of this section. Section 16. That Section 4.6.18(B)(14) of the land development regulations, "Buildings within the Downtown Area,"shall be amended to read as follows: (14) Buildings within the Downtown Area: These additional criteria shall be applicable to buildings located within the CBD;and OSSHAD, and GBP IR zoning districts. Buildings in the CBD have additional design standards in Section 4.4.13. In case of conflict,the more restrictive regulation shall apply. All buildings shall comply with the following requirements: (i) Roofs and Gutters: (1)—(2) [NO CHANGES] (3) Flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be six feet(6) in height or sufficient height to screen all roof mounted equipment,whichever is greater, measured from the top of the roof deck to the top of the parapet wall. In the cases of sloped parapet features,they shall be no more than seventy-two inches (72") in height,project no more than twenty-four inches (24")beyond the face of the building,project no more than twelve feet(12)into the flat roof area of the building nor cover more than fifty percent(50%) of the flat roof area of the building. Exception to the height requirements shall be pursuant to Soe-t e " 4(J)-of Section 4.4.13(H). (4)—(5) [NO CHANGES] (ii) Walls: (1)—(2) [NO CHANGES] (3) Treatment of blank walls: (a) Where blank walls are unavoidable due to the requirements of a particular land use or structural needs,they shall not exceed a length of fifty feet(50'), or twenty percent(20%) of the length of the building facing the street,whichever is less. (b) Blank wall sections of allowed lengths shall receive eiie-(1)two 2 or more of the following special design treatments in order to increase pedestrian comfort or create visual interest: (i) Vertical trellis in front of the wall with climbing vines or other plant materials over at least 30%of the blank wall surface. (ii) Control and expansion joints used in a decorative pattern with varied materials or textures and spaced a maximum of ten feet(10') on center. Relief and reveal depth, if used in a pattern, shall be a minimum of three- 10 ORD.NO. 03-15 quarter(3/4)inch and shall be a minimum of 30%percent of the blank wall surface. (iii) Small setbacks,projections,or indentations with a minimum depth of eight inches (8"), or intervals of material change to break up the wall's surface. (iv) Additional architectural details such as pilasters,medallions, decorative panels or castings, decorative accent tiles, louvered vents, or public art shall be integrated on any exterior wall to avoid a blank wall appearance. (iii) Arcades,Porches, Trellises,Loggias and Balconies: [NO CHANGES] (iv) Windows and Doors: (1) Window and door shutters and decorative trims and moldings shall be sized to match the dimensions of the wall openings. (2) Building fagades facing streets or civic open spaces must have transparent windows covering between 20%and 75%of the wall area of each story as measured between finished floors. The minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 7570% of the wall area for at least 70%of the length of that elevation. All storefronts or glass areas abutting the street shall be transparent,non-solar or non-mirrored, and have a light transmission reduction of no more than twenty percent(20%). (3)—(5) [NO CHANGES] (v) Miscellaneous: [NO CHANGES] (vi) Parking garages: Above ground parking garages shall comply with the architectural requirements of this Section and the following additional requirements: (1) Ramps shall be visually screened from streets and adjacent residential zoning districts and oriented towards the interior of the lot within a project where possible. Ramp profiles shall be hidden on the exterior elevations. (2) Roof top parking shall be visually screened with articulated parapet walls or other architectural treatment acceptable to the Site Plan Review and Appearance Board. Exterior lighting shall utilize fixtures provided with cut-off shielding in order to eliminate glare and spillage onto adjacent properties and roadways. (3) The openings of the garage shall be designed in a manner that obscures parked vehicles. Decorative architectural elements on the ground floor level shall be designed to accommodate the pedestrian scale. Parking levels above the ground floor shall maintain the same vertical and horizontal articulation or rhythm and incremental appearance established on the ground floor. (4) Due to the requirements of a particular land use or structural needs,parking garages or the garage portion of the building may request ° a waiver from the setback requirements of Section 4.4.13fP)`F�(for portions of the building .,bE e t- epA A €eet three stories) subject to compliance with the following requirements: (a) The garage or the garage portion of the building elevation provides unified design elements with the main building through the use of similar materials and color, vertical and horizontal elements, and architectural style. (b) In OSS14AD and on Secondary Streets in the CBD, a A minimum 50%ofthe ground floor perimeter of the garage or the garage portion of the building adjacent 11 ORD.NO. 03-15 to street rights-of-way shall be devoted to window displays or floor area for active uses such as retail stores,personal and business service establishments, entertainment, offices, etc. This number may be reduced by the Site Plan Review and Appearance Board or the Historic Preservation Board. On Primary Streets in the CBD,the perimeter of the garage or the garage portion of the building adj acent to street rights-of-way shall be lined by active uses (see Section 4.4.13(C)). (c) Architectural features shall be incorporated into the facade to mitigate the building's mass and bulk and along portions of the building adjacent to street rights-of-way. (vii) [NO CHANGES] Section 17. That Section 6.3.3(F) of the land development regulations, "Regulations Governing the Use,Design, and Maintenance of a Sidewalk Cafe,"shall be amended to read as follows: (1) [NO CHANGES] (2) A sidewalk cafe may only be established in front of the business or along a side street adjacent to the business,or in front of public open space plazas adjacent to the business, and such businesses immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk cafe shall not be established adjacent to a travel lane or on-street parking,unless there is no ability to establish a sidewalk cafe adjacent to the storefront, in which case a sidewalk cafe may be located adjacent to a traffic lane or street parking as long as a fie six foot clear pedestrian path is provided and the tables and associated chairs provide a minimum setback of-22 5'from the vehicular travel lane and associated curbing. This-22 5' setback does not apply when the tables are immediately adjacent to on street parking. (3)—(4) [NO CHANGES] (5) Sidewalk cafe operators shall maintain a clear pedestrian path of a minimum of fig six feet(� 6') at all times. The fie six foot(4 6')clear pedestrian path shall be parallel to the street and/or alley. hl the event a fie six foot(4 6') clear pedestrian path adjacent to the curb is interrupted by street furniture,trees,tree grates or similar impediments,then the sidewalk cafe operator may provide for a fie six foot(_'�6') clear pedestrian path commencing from the edge of the impediment closest to the building facade for a distance of fwe six feet(4!6')towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel, additional clear space shall be required. A clear pedestrian path greater than fwe six feet(4 6')may be required on sidewalks with an adjacent traffic lane. For sidewalk cafes with permits approved prior to Leffective date of this ordinance J,the dimensions of approved pedestrian paths will prevail until the next permit renewal. (6)—(11) [NO CHANGES] (12) All services provided to patrons of a sidewalk cafe and all patron activity(i.e., sitting, dining, etc.) shall occur within the designated sidewalk cafe area, and shall not impinge on the required 6' clear distance for pedestrian passage at any time. Chairs shall be arranged parallel to the clear pedestrian path so that they do not encroach into the clear pedestrian path to accommodate patrons. (13)—(15) [NO CHANGES] 12 ORD.NO. 03-15 Section 18. That Appendix"A"of the land development regulations, "Definitions," shall be amended to read as follows: BUILDING HEIGHT The vertical distance from grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable,hip, or gambrel roofs.Within the CBD zoning district,vertical distance shall be measured to the soffit of a gable,hip, or gambrel roof and building g height is also measured by stories. DWELLING, MULTIPLE FAMILY A residential building containing three or more dwelling units, or one or more dwelling units in a building that contains non- residential uses in the Central Business District. OPEN SPACE, CIVIC An outdoor space that is maintained as an urban amenity and is accessible to the general public. Civic open spaces may be constructed and maintained by government agencies but are usually constructed by landowners when they build on the property(see Section 4.4.13(G)). Civic open spaces typically take the form of a green, a plaza, a playground, or a square. STREETWALL A short freestanding wall or hedge located in line with building facades or front setbacks. Section 19. That should any section or provision of this ordinance, or any paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid Section 20. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 21. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 12015. MAYOR ATTEST: City Clerk First Reading: Second Reading: 13 ORD.NO. 03-15 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Donald B. Cooper, City Manager DATE: February 13, 2015 SUBJECT: AGENDA ITEM N.C.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 ORDINANCE NO.04-15(SECOND READING/SECOND PUBLIC HEARING) BACKGROUND At the first reading on February 3, 2015, the Commission passed Ordinance No. 04-15. DISCUSSION This ordinance is before Commission for second reading to consider a city-initiated rezoning of properties zoned CBD-RC (Central Business District- Railroad Corridor) to CBD (Central Business District) for two areas, with the north area generally located between NE 4th Street and N.E. 2nd Street and extending from the north-south alleyway west of N.E. 3rd Avenue to the east of the FEC Railway; and, the south area generally located between S.E. 2nd Street and S.E. 7th Street, east of and west of the FEC Railway. RECOMMENDATION Recommend approval of Ordinance No. 04-15 on second and final reading. ORDINANCE NO. 04-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED CBD-RC (CENTRAL BUSINESS DISTRICT — RAILROAD CORRIDOR) INTO CBD (CENTRAL BUSINESS DISTRICT), SAID LAND INCLUDING TWO GROUPS OF LOTS ALONG THE FLORIDA EAST COAST RAILWAY, ONE GROUP LOCATED BETWEEN N.E. 2ND AND N.E. 4TH STREETS AND THE OTHER GROUP LOCATED BETWEEN S.E. 2ND AND S.E. 7TH STREETS, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" ACCORDINGLY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Delray Beach Comprehensive Plan seeks to enhance Delray Beach's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95 while retaining the distinctive character of each district; and WHEREAS, by separate ordinance, the existing land development regulations for the Central Business District are being reorganized and substantially modified to make those regulations more understandable to the public,predictable to landowners, and easier for the city to administer; and WHEREAS,the revised regulations for the Central Business District fully incorporate appropriate standards for land that has been zoned CBD-RC(Central Business District—Railroad Corridor); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned CBD-RC (Central Business District — Railroad Corridor); and WHEREAS, at its meeting of October 6, 2014, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned,based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH,AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. 1 ORD.NO. 04-15 Section I That the Zoning District Map of the City of Delray Beach,Florida, is hereby amended to reflect a zoning classification of CBD (Central Business District)for the following described property, which is illustrated on Exhibit A: Beginning at the point of intersection of the centerline of S.E. 2nd Street and the centerline of S.E. 1St Avenue;thence easterly along said centerline to a point of intersection with the centerline of S.E. 3rd Avenue; thence southerly along said centerline of S. E. 3rd Avenue to a point of intersection with the easterly projection of the centerline of the east-west alley of Block 87, LINKS ADDITION TO OSCEOLA PARK (according to the Plat thereof as recorded in Plat Book 1, Page 133 of the Public Records of Palm Beach County, Florida); thence westerly along said projection and centerline of said alley to a point of intersection with the centerline of the north-south alley of said Block 87; thence southerly along said centerline and projection thereof, to a point of intersection with the centerline of S.E. 3rd Street; thence southerly to a point of intersection with the westerly projection of the north line of Lot 13, Block 88, of said Plat of LINKS ADDITION TO OSCEOLA PARK, and the centerline of the north-south alley of Block 88, of said Plat of LINNS ADDITION TO OSCEOLA PARK; thence southerly along said centerline and projection thereof to a point of intersection with the centerline of S.E. 4th Street; thence westerly along S.E. 4th Street centerline to a point of intersection with the west right-of- way line of the Florida East Coast Railroad; thence southerly along said right-of-way line to a point of intersection with the south property line of Lot 5, of said Plat of ANDERSON BLOCK (according to the Plat thereof as recorded in Plat Book 22, Page 45 of the Public Records of Palm Beach County, Florida);thence westerly along said south property line of Lot 5 to the intersection of the western property boundary line of said Lot 5, of said Plat of ANDERSON BLOCK;thence northerly along said western property boundary line of said lot 5 to the intersection of the northern property boundary line of said Lot 5, of said Plat of ANDERSON BLOCK; thence easterly to the intersection of the southerly extension of the centerline of S.E. 1st Avenue; thence northerly along said centerline of S.E. 1st Avenue to a point of intersection with the centerline of S.E. 4th Street; thence easterly along said centerline of S. E. 4th street to a point of intersection with the centerline of the continuation of S.E. 1st Avenue; thence northerly along said centerline of S.E. 1st Avenue to a point of intersection with the centerline of S.E. 3rd Street;thence easterly along said centerline of S. E. 3rd Street to a point of intersection with the southerly projection of the east lot line of Lot 14, Block 79, of said Plat of TOWN OF LINTON; thence northerly along said projection and the east lot line of Lots 14, 13, 12, 11, 10, 9, 8, 7 and 6 to the northeast corner of Lot 6, Block 79; thence westerly along the north lot line of said Lot 6 and the projection thereof to a point of intersection with the centerline of S.E. 1st Avenue; thence northerly along said centerline to the point of beginning. AND Beginning at the point of intersection of the centerline of N.E. 4th Street and the northerly projection of the centerline of the north-south alley in Block 81, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); thence in an easterly direction along the centerline of N.E. 4th Street to a point of intersection with the northerly projection of a line 135 feet west of and parallel with the east lot line of Lot 1, Block 97, HIGHLAND PARK (according to the Plat thereof as recorded in Plat Book 2, Page 79 of the Public Records of Palm Beach County, Florida); thence southerly along said projection and line to a point of intersection with the north lot line of Lot 4, said Block 97; thence westerly along said lot line to a point of intersection with the centerline of N.E. 3rd Alley; thence southerly along said centerline to a point of intersection with the westerly projection of the north lot line of Lot 9 of said Block 97; thence easterly along said projection to a point of intersection with a line 220 feet west of and parallel to the east lot line of said Lot 9; thence southerly along said line to a point of intersection with the south lot line of said Lot 9; thence 2 ORD.NO. 04-15 westerly along said lot line to the southwest corner of said Lot 9;thence southerly along the west lot line of Lot 10, Block 97,to the southwest corner of said Lot 10;thence easterly along the south lot line of said Lot 10 to a point of intersection with the northerly projection of the west lot line of Lot 11, Block 97; thence southerly along said projection and the west lot line of Lots 11, 12, 13, 14 and the southerly projection of the west lot line of Lot 14, all of said Block 97, to a point of intersection with the centerline of N.E. 3rd Street; thence in a southerly direction to the northeast corner of Lot 14, Block 98, L.R. BENJAMIN'S SUBDIVISION (according to the Plat thereof as recorded in Plat Book 12, Page 18 of the Public. Records of Palm Beach County, Florida);thence in a southerly direction along the east lot lines of Lots 14, 15, 16, 17, 18, 19, 20, 21, 23 and the southerly projection of the east line of Lot 23, Block 98, to a point of intersection with the centerline of N. E. 2nd Street;thence westerly along said centerline to a point of intersection with the centerline of the north-south alley of Block 82, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); thence northerly along said centerline of Block 82, and the northerly projection of said centerline, to a point of intersection with the centerline of N.E. 3rd Street;thence in an easterly direction to a point of intersection with the centerline of N.E. 3rd Street and the southerly projection of the centerline of the north-south alley in Block 81, TOWN OF LINTON (according to the Plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida) thence northerly along said centerline, and northerly projection of said centerline to the point of beginning. LESS the following described property: Begin at the northeast corner of Lot 1, L.R. BENJAMIN'S SUBDIVISION as recorded in Plat Book 12, Page 18 of the Public Records of Palm Beach County, Florida, and run on an assumed bearing of S 00 degrees 18' 39" W along the east line of Lots 1, 2 and 3 for 137.00 feet; thence run N 88 degrees 49' 54" W for 94.42 feet; thence N 09 degrees 45' 36" E along a line 50.00 feet westerly of as measured at right angles to the west lines of said Lots 1, 2 and 3 for 138.54 feet; thence S 88 degrees 49' 54" E along the westerly extension of and north line of said Lot 1, L.R. BENJAMIN'S SUBDIVISION, for a distance of 71.67 feet to the Point of Beginning. The subject properties are located along the F.E.C. Railroad corridor in two general locations; one approximately between N. E. 4th Street and N. E. 2nd Street, and the other between S.E. 2nd Street and S.E. 7th Street. Section 3. That the Planning and Zoning Director of the said City shall,upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida,to conform with the provisions of Section 2 hereof. Section 4. That should any section or provision of this ordinance, or any paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. That this ordinance shall become effective upon its adoption on second and final reading. 3 ORD.NO. 04-15 PASSED AND ADOPTED in regular session on second and final reading on this day of 2015. MAYOR ATTEST: City Clerk First Reading: Second Reading: 4 ORD.NO. 04-15 EXHIBIT "A" JH I I LJ Lake Ida Rd r n NW n 3 > ai e Ln Hid z Wa s ow TS, s m s w FT ET �AtlanticAve NLI [ILI bi W Atlantic Ave E 1 N s m O T c >N N n N s w 3 > Q � a > v W r r rd r co ❑ Buci a ffTTFFR cn > ORD. NO. 04-15 w MEMORANDUM W TO: Mayor and City Commissioners FROM: Environmental Services Department THROUGH: Donald B. Cooper, City Manger DATE: January 30, 2015 SUBJECT: AGENDA ITEM II.A.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 ORDINANCE NO.05-15(FIRST READING) BACKGROUND The Marina Historic District (MHD), (see attached for district boundaries), has requested a pilot program for resident only parking within the district. The City Marina is not located within the boundaries of the Marina Historic District. However, its proximity to parking within the district requires inclusion in the program. Staff has worked with the Marina residents and Marina dock tenants to address their concerns for the creation of this program. At the direction of the Mayor and City Manager, this program is set to begin on, April 1, 2015. Two on-street parking designations will be used within the MHD; "No Parking" and "Permit Parking Only." Also, any single family residential unit with a single or double car driveway will not be required to purchase a permit to park in their single family driveway regardless if it is on private property or within the public rights-of-way. It is noted, residents with driveways opting out of the program will be restricted from using "Permit Parking Only Areas." The cost of a resident Parking Permit package is $60 plus tax, and includes 1-permit to affix to the vehicle and 1-portable guest pass. Short term guest passes are available for $5.00 per week with a 13- week maximum. Resident parking permits will be available at the Utility Billing Department, located in the main lobby of City Hall, 100 NW 1st Avenue, beginning on or about Monday, March 23, 2015, to qualifying individuals providing documentation listed in the ordinance, summarized below. 1. A current government-issued driver's license or valid government-issued ID with the resident's name, address, and photo, and 2. A current Utility Bill for the property address within the district 3. Copy of a lease for a dwelling unit within the district 4. Rental Property owners must show a Sales Tax Receipt and Valid Landlord Permit to purchase parking permit packages equal to the number of rental units established for the property. 5. Marina boat renters with a valid License Agreement for Boat Dockage at the City Marina receive 1- free pass to affix to the vehicle, in accordance with their agreement. Additional permit packages or a guest permit is available for $30 plus tax. Given the various challenges the neighborhood has experienced related to parking during weekends, events and high seasons and the limited number of available spaces staff supports the proposed ordinance. DISCUSSION The item before the City Commission is the consideration of amending Title VII, "Traffic Code" by creating a new Section 71.031 titled Parking In The Marina Historic District. TIMING OF THE REQUEST The new First Reading/First Public Hearing of the subject item is to occur on February 24, 2015. If passed on first reading, the second reading will occur on March 3, 2015. RECOMMENDATION By motion, approve on first reading Ordinance No. 05-15, amending Title VII, "Traffic Code" by creating a new Section 71.031 titled "Parking in The Marina Historic District". ORDINANCE NO. 05-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CREATING A NEW SECTION 71.031 TITLED "PARKING IN THE MARINA HISTORIC DISTRICT"; ESTABLISHING A RESTRICTED PARKING ZONE THAT RESTRICTS ON-STREET PARKING TO RESIDENTS; ESTABLISHING THE PROCEDURE FOR RESIDENTS TO OBTAIN A PERMIT FOR ON- STREET PARKING; SETTING PERMIT FEES; ESTABLISHING PENALTIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City owns and maintains a city marina, located at 159 Marine Way, Delray Beach, Florida, which provides 24 rental slips for boats up to 55 feet in length ("City Marina"). Boat owners who enter into a license agreement with the City to rent a slip at the City Marina are permitted to live aboard their boats and are assigned one parking space per slip; and, WHEREAS, the City designated the residential area adjacent to the City Marina as a historic preservation district named the "Marina Historic District", pursuant to Ordinance 156-88; and, WHEREAS, the average width of the local streets in the Marina Historic District is less than the minimum width of a local street as required by Section 6.1.2(C)(3) of the City's Land Development Regulations. This results in a limited amount of available on-street parking spaces for the residents of the City Marina and the Marina Historic District; and, WHEREAS, the City Commission finds that the current parking regulations in the Marina Historic District lead to overcrowded and blocked streets; and, WHEREAS, the City Commission finds that the narrow street widths in the Marina Historic District make it more difficult for cars to navigate the streets and that a reasonable level of traffic creates an unsafe condition for drivers and pedestrians; and, WHEREAS, the City Commission finds that there is a need to limit the number of cars that park on the streets in the Marina Historic District to make the streets safer for drivers and pedestrians and to maintain the residential character of the neighborhood; and, WHEREAS, the City Commission desires to designate a restricted parking zone called the "Marina Historic District Restricted Parking Zone", where on-street parking is restricted to vehicles belonging to residents of the Marina Historic District and the City Marina, and their guests, that display a current Marina Historic District residential parking permit; and, 1 ORD.NO.05- 15 WHEREAS, the City Commission desires to establish the Marina Historic District Restricted Parking Zone, which is the area bounded to the north by East Atlantic Avenue, to the south by the north side of SE 3rd Street, to the east by the western edge of the Intracoastal Waterway, and to the west by the east side of the north-south alley east of SE 6th Avenue from SE 3rd Street to SE 1St Street to the south side of SE 1St Street between the north-south alley east of SE 6th Avenue and SE 7th Avenue and to the east side of SE 7th Avenue between SE 1St Street and East Atlantic Avenue; and, WHEREAS, the City Commission finds it to be a valid exercise of their police powers to restrict on-street parking in the Marina Historic District Restricted Parking Zone to residents of the City Marina and the Marina Historic District and their guests. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 71.031 of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby created to read as follows: 71.031 Parking in the Marina Historic District (A) The area of the Marina Historic District as described in the shaded area of the map below shall be a restricted parking zone as defined in Section 71.021 of this Chapter that is restricted for the purpose of residential parking. No person shall stop, stand or park in this restricted parking zone except pursuant to the terms of this section and Section 71.021 of this Chapter. 2 ORD.NO.05- 15 C � f 4 C i u z EAr3nl A.t, NORTH r R p� 3 f1 9E lot SZ SE 2f%d St SE W St khaooryCir Figure ]:Marina Historic District Restricted Parking Zone (B) Permits: Residents of the City Marina and the Marina Historic District mu purchase one Marina Historic District residential parking permit package, which is comprised of one annual resident parking permit and one temporary resident guest pass, in accordance with and subject to the administrative rules and regulations promulgated by the City. Permits shall be issued as follows: (1) Dwelling Unit residents: Dwelling unit residents may purchase one Marina Historic District residential parking permit package and one additional annual resident parking permit. A dwelling unit is defined as a permanent structure with independent 3 ORD.NO.05- 15 sanitation, living, cooking and sleeping facilities for exclusive use of the resident. To obtain one Marina Historic District residential parking permit package and an additional annual resident parking permit, a resident of a dwelling unit in the Marina Historic District must present the following documentation: (a) A current government-issued driver's license with the resident's name, address, and photo, and, (b) A current vehicle registration card for the vehicle for which the annual permit is issued, and, (c) Proof that the person lives in the Marina Historic District, which may be provided in the following form: orm: (i) A current utility bill within the past 30 day), such as a water, land- line telephone, power or cable bill. The service address on the utility bill must match the address of the dwelling unit provided. A utility bill with a post office box service address will not be accepted. The name on the utility bill must be the same as the name on the driver's license, or, (ii) A copy of a valid lease for a dwelling unit, in which the name of the lessee is the same as the name on the driver's license. (2) Rental property owners: An owner of seasonal rental property in the Marina Historic District who provides a current Florida Sales Tax receipt for taxes paid on the rental property valid Landlord Permit may purchase one Marina Historic District residential parking permit package for each of the rental units established for the property. (3) City Marina boat residents: A City Marina boat resident is a person who is a named licensee on a License Agreement for Boat Dockage at the City Marina. A City Marina boat resident shall be entitled to one free annual resident parking permit upon presentation of a valid License Agreement for Boat Dockage and a current vehicle registration card for the vehicle for which the annual permit is issued. A City Marina boat resident may also purchase one additional Marina Historic District residential parking permit package upon a showing of a current vehicle registration card for a second vehicle. Alternatively, a City Marina boat resident may purchase one temporary boat resident guest pass. (4) Short-Term Parking Permits: A holder of a Marina Historic District residential parking permit package mM purchase a weekly residential parking permit for short-term visitors, which is valid for a maximum of 13 weeks. The west's vehicle registration and driver's license must be presented at time of purchase. The short-term parking permit will clearly state the vehicle make,model, tag number, and the beginning and ending dates of the parkingspermit. The short-term 4 ORD.NO.05- 15 parking permit must be hung from the rear view mirror, with the printed side facing outward so that it may be read from the front of the vehicle. (C) Fees: A Marina Historic District residential parking permit shall be issued to eligible residents of the Marina Historic District and the City Marina upon payment of the fees, plus tax, in accordance with the following fee schedule. No residence shall possess more than two annual resident parking permits and one temporary resident guest pass: Permit Fee (plus tax) Residential Parking Permit Package $60/year (One annual resident parking permit plus one temporary resident guest pass) Second annual resident parking permit (Available to dwelling unit residents only) $60/year Short-term parking permit $5/week up to 13 weeks City Marina temporary boat resident guest pass $30/year (Available to City Marina residents only) (D) Penalty. Parking violations of this section will be subject to penalties as described in Section 71.999 "Penalty" of this Chapter. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 5 ORD.NO.05- 15 Section 5. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2015. ATTEST: City Clerk MAYOR First Reading Second Reading 6 ORD.NO.05- 15 City of Delray Beach Marina District Residential Parking Program NOTE: Marina Historic District Restricted Parking Zone Residential Parking Program issued for Residents of the Historic Marina District area and Tenants of the City Marina may only be utilized in the area for which it is issued and does not guarantee that a parking space will be available. The boundaries of Marina Historic District Restricted Parking Zone are as follows; to the north by East Atlantic Avenue, to the south by the north side of SE 3rd Street, to the west by the east side of the north-south alley east of SE 6tn Avenue between SE 3tn Street and SE 1St Street, and the east side of SE 7th Avenue between SE 1St Street and East Atlantic Avenue, and to the east by the western edge of the Intracoastal Waterway. One of the following must be met to qualify for a parking permit in the Marina District Residential Parking Program: 1. Applicant must live within the boundaries of the Marina District Residential Parking Program area, pay real estate taxes or utilities for a residence in the area and meet conditions A and B below). A. A current government-issued driver's license with the resident's name, address, and photo. B. Proof the applicant currently resides within a dwelling unit in the Marina Historic District area providing one of the following: i. A current utility bill (within the past 30 days), such as water, land-line telephone, power or cable. The service address on the utility bill must match the address of the dwelling unit provided. Utility bills with a Post Office Box service address will not be accepted.The resident's name on the utility bill must match the name on the driver's license, OR ii. A copy of a valid lease for the dwelling unit in which the name of the lessee is the same as the name on the driver's license or ID presented, OR 2. Qualified seasonal rental property owners, in the Marina Historic District, providing a valid Florida Sales Tax Receipt for taxes paid on the rental property and valid Landlord 1 Permit may purchase any combination of passes with free Guest Passes up to the number of rental units established for the property. 3. City Marina boat residents shall be provided with one Permit per dock slip as part of their marina dock lease agreement. Any Permit issued as part of a Marina dock lease agreement shall not include a Guest Pass. City Marina boat residents may also purchase one additional permit at the annual fee set by the City. The purchase of this additional permit shall come with a Guest Pass at no extra charge. If a second permit is not needed, then a single Guest Pass may be purchased at a fee of$30.00/year. Terms and Fees 1. The Marina Historic District Restricted Parking Zone permits shall be issued to qualified applicants upon payment of the fees, plus tax, as follows: Permit Fee (plus tax) 1st $60.00/yea r 2nd Guest— no charge 3rd $60/year Short-term $5/week up to 13 weeks Guest Pass $30.00/year (Available to Marina Dock Lease holders only) 2. Short-Term Parking Permits are available at a cost of$5 per week, valid for a maximum of 13 weeks. Guest vehicle registration, for which the Short-Term Parking Permit is to be purchased, must be provided along with guest's driver's license. The Short-Term Parking Permit will clearly state the vehicle make, model tag# and beginning and ending dates of the Short-Term Parking Permit and must be hung from the rear view mirror, printed side facing outward so it may be read from the front of the vehicle. 3. Permits are available for purchase at the City's Utility Billing office, 100 NW 1St Ave., Delray Beach, Florida, 33444, Monday-Friday, 8:00 am to 5:00 pm. The City of Delray Beach is not responsible for loss or theft, of the Marina District Residential Parking Program permit. If a customer loses the Marina District Residential Parking Program permit, there will be no refunds. 4. The Marina Historic District Restricted Parking Zone permit is provided for individual resident use only and is not for resale, commercial, industrial or business operations. Residents, upon the sale or lease of their home must return Marina Historic District Restricted Parking Zone permit to the City's Utility Billing office.. The new owner or tenant must apply for new Marina Historic District Restricted Parking Zone permit. There will be no refunds for permits not purchased by the new owner or lessee. Permits are valid for one fiscal year, October 1St to September 30t". There is no prorating of permits purchased after October 1St 2 5. Properly identified, business name on side of vehicle, commercial vehicles may park in the Marina Historic District Restricted Parking Zone area. Private Service providers, (Maids, private home health care, tutors, etc.) should be provided the resident guest pass when parked in the Marina District Residential Parking Program area. 6. Parking decal must be displayed on the front windshield, lower left hand corner, (driver's side). Hangtags must be hung from the rear view mirror, printed side facing outward so it may be read from the front of the vehicle. 7. Replacement stickers are available in the case of permanent replacement of a properly registered vehicle to which a Marina Historic District Restricted Parking Zone permit has been issued. Please scrape the sticker from the vehicle and present it, in its entirety or pieces, to the Utility Billing office with the new vehicle information. In the case of a stolen vehicle, a police report must accompany any request for replacement sticker. 8. There are approximately 46 spaces available on a first-come first-served basis for the use of Marina Historic District Restricted Parking Zone.The permit does not guarantee space availability. Parking spaces may not be reserved and violations may result in the invalidation of your Residential Permit Parking. 9. The City has the full and absolute discretion to sell, renew, or not to sell or renew any Marina Historic District Restricted Parking Zone permit if in violation of the Marina Historic District Restricted Parking Zone as provided for in Ordinance No. 05-15. Abuse or misuse of the Marina Historic District Restricted Parking Zone may result in the confiscation of the permit and/or issuance of a citation and denial of future permits. City-issued permits shall not be copied, reproduced, or altered in any manner. City- issued permits shall not be resold or assigned for profit. The landlord purchasing for resale to tenants or guests shall not charge more than the face value of the permit as purchased from the City. 10. Permit fees due at the time of purchase. If a customer's check payment is returned by the issuing bank or credit union, the permit will be considered VOID and a $25 returned check fee will be assessed to the permit holder. Citations may be issued as though no permit was displayed. Enforcement (Days and Hours) The Marina District Residential Parking Program will be enforced 24 hours a day seven days a week. Parking citations will be issued, if warranted, without exception for any violation of these instructions and for any violation of City Parking Ordinances and local or state laws. PARKING CITATIONS WILL NOT BE DISMISSED.The City reserves the right to revoke issued permits or not to renew permits based on violation of these terms. The City reserves the right to pursue any and all legal remedies to any infractions of these instructions. 3 Application Form Applications are available at the Utility Billing Office and must be completed prior to the purchase of a Marina District Residential Parking Program permit. Contact Information Customers may purchase a Marina Historic District Restricted Parking Zone permit at: City of Delray Beach Utility Billing Office 100 NW 1St Ave Delray Beach, FL 33444 Monday-Friday, 8:00 am to 5:00 pm Phone: (561) 243-7100, press 0 E-mail: 4 Exhibit A Marina District Residential Parking Program + %.j C, M > cD � D w w NORTH rn z z E Atlantic Ave r � SE 1st St Q C n EY L N w SE 2nd St w u:, y SE 3rd St N Mdho•y Cir f 5 MARINA DISTRICT NORTH 1 inch=50 feet dj ,00 zb b� I=n =b =b6z • .t o bb o 0 �Y O O tot j tot y ttb O .__ 3 � ttb O O tta O O^ x O O to tta O tss O O tw tb O O ut O 3 O g tx O � to tw C tm O ztt �L zt� Os zta I zn zze f.� a a a G Legend VOTES • No sE 3,d s� o No Response • Yes O Historic Marina District Boundaries PBC_PARCELS_Marina_Parcels L "O Y®Egc z (1) (1) m Q Q Cn D NORTH z z _ �` E Atlantic Ave ca wx ca + v__•,�ry r�N �� I a.gel '_ _� 1:' � A V /(}�� !R c r O Y IM r� SE 1st St s Cu Cu • N - u SE 2n , J m d Sty°' e r a ILI (D Q CO w SE 3rd St co N Mallory Cir PROPOSED MARINA DISTRICT RESIDENTIAL PARKING PERMIT BOUNDARIES MEMORANDUM r TO: Mayor and City Commissioners FROM: Holly Vath,Chief Purchasing Officer Jack Warner, Chief Financial Officer THROUGH: Donald B. Cooper, City Manager DATE: January 29, 2015 SUBJECT: AGENDA ITEM 11.B.-REGULAR COMMISSION MEETING OF FEBRUARY 24,2015 ORDINANCE NO.06-15(FIRST READING) BACKGROUND The City Commission approved a new Purchasing Ordinance No. 29-13 on November 19, 2013. The proposed revisions will help clarify the code and enhance the code to allow for more efficient operations within the City. The proposed changes are as follows: • The fiscal year approval requirement in the code has been increased from $25,000 to $100,000. Attached is a summary of purchasing limits for similar sized Florida cities (Attachment A). Only one other city has a fiscal year approval process, the City of Weston. Ordinance No. 29-13 adopted by the City of Delray Beach was based on the City of Weston ordinance. In fiscal year 2014, there were 209 vendors with total purchases above $25,000 and 84 vendors with purchases above $100,000. • Added definitions to assist with interpretation • Added a notice requirement for sealed competitive bids • Allow for purchasing card utilization for acquisitions under$2,500 • Added language to clarify applicability of the Consultants' Competitive Negotiations Act,Florida Statute 287.055 • Changed the Best Interest language to Waiver of procedures with Commission approval • Added exemptions for competitive selection and Commission approval • Revised the change order section • Added a section on insurance requirements • Added a section on contract administration This Ordinance shall take effect after the public hearing, however, it shall not apply to any solicitations that were issued prior to its adoption. FINANCIAL DEPARTMENT REVIEW The Finance Department recommends approval. RECOMMENDATION Staff recommends approval of Ordinance No. 06-15 as proposed. ORDINANCE NO.06-15 Formatted:Centered AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA, Formatted:Indent:Left: 1" AMENDING CHAPTER 36,"ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY"AND AN EFFECTIVE DATE WHEREAS,the City Commission of the City of Delray Beach has determined it is in the best interests of Formatted:]ustified its residents to amend the current purchasing ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That Chapter 36, "Acquisition of Goods and Services and Disposal of City Property" be amended as follows: CHAPTER 36.-ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY Sec.36.01.-APPLICABILITY;DEFINITIONS. (A) Applicability. This Chapter applies to the acquisitions of real and non-real property, goods and services and disposal of real and non-real property by the City after March 3 2015 s provided Formatted:Not Highlight for in this Chapter. Any actions taken or contracts or contract amendments entered into contrary Formatted:Not Highlight to the provisions of this Chapter may,in the City's sole discretion,be declared null and void. Deleted:November 19,2013 definitions. For the purpose of this Chapter 36, the following definitions shall apply unless the- context clearly indicates or requires a different meaning: Deleted: lei Formatted:Numbered+Level:1+ Acquisition. Buying, purchasing, renting, leasing,or otherwise acquiring any supplies,services or Numbering Style:A,B,C,...+Start at:1+ construction including, but not limited to all functions that pertain to the obtaining of any supply, service, Alignment:Left+Aligned at: 0.25"+Indent or construction, including description of requirements, selection and solicitation of sources, preparation at: 0.5" and award of contract, including contract amendments and renewals, and all phases of contract Formatted:Indent:First line: 0.5", No bullets administration. or numbering Annual The period of time beginning on October 1 of any year and ending September 30 of the F rm oatted Font,Italic following year. ,Change Order.A written modification to a contract or purchase order,which amends one or more of Deleted:¶ the following:the scope of services,contract cost,contract time or the contract quantity(ies). Emergency.An unplanned or unexpected event that requires immediate action in order to prevent or remedy a service outage; or to prevent or remedy a situation that presents an immediate danger to human life, health or safety or a significant loss or damage to property, and where failure to take immediate action would enhance the risk of loss or prolong the delay in restoring service to Customers. Routine repairs and planned refurbishment do not constitute Emergencies. .Expenditure An outlay of city funds in exchange for-goods or services Formatted Font Italic Fiscal Year.The period of time beginning on October 1 of any year and ending September 30 of the following year. Invitation to Bid(ITB).A written solicitation for sealed competitive bids with the title,date and hour of public bid opening designated and specifically defining the goods, group of goods or services for which bids are sought with an estimated cost of twenty-five thousand dollars($25,000.00)or greater. It includes instructions prescribing all conditions for bidding and shall be distributed to all prospective bidders simultaneously. No negotiation is permitted, and the contract award is granted to the lowest priced Page 1 responsive and responsible bid,which conforms to the requirements set forth in the bid document unless otherwise provided in City ordinances. Person. Any natural person or entity including, but not limited to,a corporation, a partnership, a sole proprietorship,an estate, a trust,a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing,or any other legal entity. Purchasing agent. The city manager, purchasing officer and purchasing division staff or other Formatted:Indent:Left: 0" designee who oversees the acquisition of goods and services on behalf of the city. Qualified bidder or qualified offeror. A person who has been deemed as a responsive and responsible vendor who has the capability in all respects to perform fully the contract requirements and has the integrity and reliability which will assure good faith performance. Request for information(RFI).A written request for information used to gather information prior to the issuance of a solicitation. It will be used to determine available sources rather than provide a firm specification; thereby giving the respondent latitude to develop a good or service that will fulfill the need, or thereby provide available sources for the goods or service. Upon receipt of responses to the RFI, the City may develop specifications for an invitation for bid or criteria for a request for proposal, either of which may be issued to qualified proposers who submitted responses to the RFI. Request for proposals (RFP). A written solicitation for competitive sealed proposals with the title, date and hour of deadline for submittal with an estimated cost of twenty-five thousand dollars ($25,000.00) or greater. The request for proposal document is used to solicit proposals from potential providers for goods and services. Requests for proposals are evaluated on various criteria, which may or may not include price.When used as an evaluation factor, price may not be the primary evaluation factor, but the proposal document shall state the relative importance of price as well as any other evaluation criteria. A request for proposal provides for the negotiation of all terms, including price, prior to contract award. Requests for proposal may be a single step or a multi-step process. Request for qualifications(RFQ).A written solicitation method utilized for obtaining qualification and Formatted:Indent:Left: 0" performance data, which may include, but is not limited to, financial capabilities, reputation, experience and competency of a respondent. Responsible bidder/proposer. A person who has the capability in all respects to perform fully the contract requirements and has the integrity and reliability which will assure good faith performance. Responsive bidder/proposer. A person who has submitted a bid which conforms in all material respects to the request for bid or request for proposals. Small purchase Acquisition of or contracts for non-real property, goods or services where individual Formatted Font Italic purchases are estimated to be less than twenty-five thousand dollars($25,000.00)each. ,Sec.36.02.-METHODS OF ACQUISITION. Deleted:¶ The City shall determine, in its sole discretion,which of the following methods of acquisition to utilize for the acquisition of non-real property,goods and services. (A) Sealed Competitive Method. Acquisitions of or contracts for non-real property, goods or Deleted:(including expenditures during renewal periods,but not expenditures services where the annual expenditure by the City js estimated to be twenty-five thousand X relating to Change Orders) dollars($25,000.00)or greater shall be subject to a Sealed Competitive Method,unless the City Deleted:, utilizes one of the direct acquisition methods,as provided in Section 36.02(C). Deleted:,Requests for Letters of Interest. (1) Competitive Bids. Sealed Competitive Bids are utilized where price, responsivenes�and responsibility are the sole determining factors. Deleted:, 2 Requests for Proposals and a uests for Qualifications. a uests for Pro osal Deleted:,and Requests for Letters of ( ) p p Interest Requests for Qualifications re utilized where price, responsiveness,and res onsibilit are not the sole determining factors. A Selection Committee, appointed by the City Manager, Deleted:, shall review the submissions received by the City in response to Requests for Proposals / Deleted:,and Requests for Letters of and equests for Qualifications nd make a recommendation to the City Commission. /% Interest Deleted:The City Manager Page 2 Purchasinq Agents shall not serve on_a Selection Committee The Selection Committee Deleted the shall terminate upon the award of the contract, or such other time as determined by the Deleted: City Commission. Deleted:Acquisitions of or contracts for (3) Submissions. It shall be the sole responsibility of the bidder, proposer or responder to have non-real property,goods or services where the bid, proposal or response delivered before the specified closing date and time. Bids, the total expenditure by the City(including or responses received after the closing date and time shall not be considered expenditures during renewal periods,but not proposals p g expenditures relating to Change Orders)is and shall be returned unopened. The time stamp clock in the Finance/Purchasing office estimated to be ten thousand dollars shall govern. All bids, proposals and responses submitted pursuant to a Sealed ($10,000.00)or greater,but less than twenty- Competitive Method shall remain sealed until they are opened publicly on the date and five thousand dollars($25,000.00),may be time and location stated in the Notice to Bidders, Proposers or Responders, or as may be made or entered into amended by addendum. Deleted:by the City Manager without City Commission approval and without a Sealed (4) City's Reservation of Rights. The City may utilize a Sealed Competitive Method for any Competitive Method,provided that three acquisition that the City deems appropriate regardless of the estimated cost of the written quotations are obtained from acquisition. Until final award of Contract,the City reserves the right to waive an informality ndividual sources,except when q y g y y impracticable.The City may utilize the or irregularity and to reject all bids, proposals and responses,with or without cause. Written Quotations Method for any (5) Notices inviting competitive sealed bids shall be publicly noticed at City Hall and on the ($10,00000)that ten ($10,000.00)that the City deems City web site for at least 15 calendar days. Public notice of the competitive bids shall be appropriate. given not less than 15 calendar days prior to the date and time set forth in the notice for the Deleted:a copy of submission and opening of bids or proposals, unless a shorter time is deemed necessary for a particular acquisition by the purchasing officer. In addition to the public notice at City Deleted:total Hall and on the City web site, notices for construction projects will be advertised according Deleted:(including expenditures during to F.S. §255.0525 as amended renewal periods,but not expenditures relating to Change Orders) (B) Written Quotations Method. The City may acquire or contract for non-real property, goods or Deleted:made services for small purchases gith three written quotations obtained from individual sources except when impracticable. The Department Head may approve small purchases estimated to Deleted:without utilizing a Sealed be ten thousand dollars($10,000.00)or less. The City Manager may approve small purchases Competitive Method or the written Quotations Method,and without City estimated to be less than twenty-five thousand dollars ($25,000.00). The written quotations Commission or City Manager approval. received by the City shall be retained with Jhe purchase order and pursuant to ublic records Deleted:I law. Deleted:Acquisitions Greater Than Two (C) Direct Acquisition Method. Thousand Five Hundred Dollars ($2,500.00)but less than Ten Thousand (1) Acquisitions of Two Thousand Five Hundred Dollars ($2,500.00) or Less. Acquisitions of Dollars($10,000.00).Acquisitions of non- non-real property, goods or services where the jndividual expenditure by the City is real property,goods or services where the estimated to be two thousand five hundred dollars($2,500.00)or less may be a roved by total expenditure by the City(including the Department Head utilizing a City issued purchasing card or purchase order The Chief expenditures during renewal periods,but P not expenditures relating to Change Financial Officer shall promulgate written rules and regulations governing purchasing Card Orders)is estimated to be greater than two transactions. thousand five hundred dollars($2,500.00) but less than ten thousand dollars 2)_ Professional Services. Except as otherwise provided for in Florida Law, contracts for Deleted:lobbyists and professional services (which include but is not limited to services provided by attorneys, accountants, actuaries, linancial advisors, expert witnesses or other licensed Deleted: without utilizing a Sealed professionals)may be made or entered into by the City Manager, Competitive Method or the written 3 rofessional Design and Engineering Services. Deleted:Acquisitions of professional Acquisitions for professional design services where the expenditure by the C ... services, including architectural, professional engineering, landscape architecture or registered surveying or mapping services must be procured in accordance with the \ Formatted:Font:Italic Consultants'Competitive Negotiations Act Florida Statute 87.055 as amended utilizing a \ Formatted:Font:Italic ,qualifications based acquisition rocess which shall not permit the use of rice as an Formatted,Font:Italic evaluation factor. The City Manager may approve work authorizations for professional Formatted:Font:Not Italic design and engineering services with firms procured in accordance with the Consultants' `\\ Competitive Negotiations Act, Florida Statute 287.055, as amended, where the work o atted,Font:Not Italic authorization is estimated to be less than twenty-five thousand dollars($25,000.00). \ Formatted:Font:Not Italic \ Formatted:Font:Not Italic Formatted:Font:Not Italic Page 3 ( Specialty Goods and Services. Small purchase quisitions of or contracts for specialty Deleted:4 goods and services(including but not limited to performing artists,artwork,special events, Deleted:A entertainment,and food and beverage)may be made or entered into by the City Manager_ Deleted:without utilizing a Sealed (5� Emergency Acquisitions. The City Manager may acquire or contract for non-real property, Competitive Method or the written goods, or services required in contemplation of, preparation for, or during an Emergency Quotations Method.Acquisitions of regardless of the amount. Emergency ac q uisitions of non-real property, g oods or services specialty goods and services,where the expenditure by the City is estimated to be where the expenditure by the City is estimated to be twenty-five thousand dollars \ twenty-five thousand dollars($25,000.00) ($25,000.00)or greater shall be subject to ratification by the City Commission as soon as \\ or greater,shall be subject to approval by practicable. \ the City Commission. ( Sole Source and City Standard. Deleted:5 Deleted:without utilizing a Sealed (a) Sole Source. The City may acquire or contract for non-real property, goods or Competitive Method or the written services that are available to the City from only one source without utilizing the Sealed Quotations Method Competitive Method or Written Quotations Method. The City Manager may approve Deleted:6 Sole Source acquisitions for small purchases, Deleted:Sole Source acquisitions where (b) City Standard.Where the City has determined that a particular style, brand, make, or the expenditure by the City(including model is the only type that meets the City's requirements for performance, expenditures during renewal periods,but consistency, compatibility or other salient characteristics, and such determination has Or expenditures is ttim relating twenty-five resulted in there being only one source available to the City, the City may acquire or thousand dollars($25,000.00)or greater contract for such goods without utilizing a Sealed Competitive Method or the Written shall be subject to approval by the City Quotations Method. The City Manager may approve City Standard acquisitions for Commission small purchases. Deleted:City Standard acquisitions where the expenditure by the City (7 Utilization of Other Governmental Entities'Contracts. (including expenditures during renewal a The City may acquire or contract for non-real property, goods or services here the periods,but not expenditures relating to ( ) Y Y q P P Y. 9 \ Change Orders)is estimated to be desired goods or services are the subject of a contract with the State, its political \ twenty-five thousand dollars($25,000.00) subdivisions or other local governmental entities in the State, with associations 'n or greater shall be subject to approval by Florida affiliated with state and/or local governmental entities or departments(such as \\ the City commission. the Florida Sheriffs Association and the Florida Fire Chiefs' Association) ith the \ Deleted:7 United States government, provided that the contract is based strictly on competitive Deleted:without utilizing a Sealed bidding or with any other governmental entity. The utilization of other -governmental Competitive Method or the written contracts must be in a orm acceptable to the City Attorne . The City Mana er ma Quotations Method approve the utilization of other governmental entities'contracts for small purchases. Deleted: or b) Utilization of other government entities' contracts shall only be permitted during the Deleted:and not on any preference,and term of the other governmental entity's contract or for one year from the date the other provided that the governmental entity awards the bid,whichever is longer. � Deleted:of the contract is (c) If the City desires to utilize another governmental entity's contract, the City shall Deleted:. require the vendor to certify that the price or rate represents the lowest price or rate Deleted:Acquisitions utilizing other for the non-real property, goods or services of any contract between the vendor and governmental entities'contracts where any other governmental entity within Palm Beach, Broward, Martin and Dade County, the expenditure by the City(including Florida. expenditures during renewal periods, ( e Deleted:thstate.Coo erative Ac uisitions. The Cit ma ac uire or contract for non-real p ro ert Y. 9 services phere the City participates in joint procurement of non-real property, goods or Deleted:a services with other public entities within the State, including, but not limited to acquisitions Deleted:without utilizing a Sealed made pursuant to interlocal agreements entered into with other governmental entities in- competitive Method or the written accordance with F.S. Chapter 163. The City Mana-ger may approve contracts for joint Deleted:acquisitions urchasin a reements for small purchase& Deleted:Cooperative acquisitions where Resale. The City may ac uire od, beverages and merchandise purchased for resale, the expenditure by the City(including which would include but not be limited to the City's golf courses and tennis center facilities, Deleted:(9).Utilities.water,sewer,gas, with Department Head approval regardless of the amount and without City Commission electrical,and other utility services may approval. Deleted:10 Deleted:F Page 4 1 Waiver of ac uisition rocedures. The city commission may authorize the waiver of Deleted:may be acquired without utilizing procurement procedures upon the recommendation of the city manager that it is in the @ a Sealed Competitive Method or the city's best interest to do so to obtain goods and services which cannot be acquired through Written Quotations Method and without City the normal purchasing process due to insufficient time,the nature of the goods or services, \ Commission approval.¶ or other factors. Purchases authorized by the waiver process shall be acquired with such \ Deleted:11 competition as is practicable under the circumstances and only after a good faith review of Formatted:Font:Italic all available sources and negotiation as to price, delivery and terms. There shall be no waiver of procurement procedures for procurements that are subject to the provisions of Formatted:Font:Italic F.S.&287.055 or&255.20,as amended. 11 xem tions. The City may acquire or contract for the following non-real Property, d Deleted:Best Interest Acquisitions.The services without City Commission approval. City may acquire or contract for non-real property,goods or services without utilizing (a) Dues and memberships in trade and professional organizations. a Sealed Competitive Method orthe Written Quotations Method where the City (b) Registration fees for trade and career fairs. Commission declares by at least a four- fifths affirmative vote that the Sealed (c) Copyrighted materials or patented materials not available from multiple Competitive Method or the written (d) Goods or services provided by other governmental entities. Quotations Method is not in me best interest of the City.The City Commission (e) Subscriptions for periodicals and newspapers. shall make specific factual findings that support its determination,and such (f) Advertising. contracts shall be placed on the regular City Commission agenda. (q) Periodic payments of principal and interest on City debt. Formatted:Font:Italic (h) Required payroll related expenditures. Formatted:Numbered+Level:1+ Numbering Style:a,b,c,...+Start at:1+ (i) Licensed computer software, web-based applications and maintenance for such Alignment:Left+Aligned at: 1.15"+Indent software and applications for existing systems. This shall not apply for acquisition at: 1.4" of new software. (i) Postage. (k) Refunds. (1) Travel expenses for employees on city business and participants in recreational programs. (m)Water,sewer,electrical,telephone and cable television utility services. ,Sec.36.03.-CITY COMMISSION APPROVAL. Deleted:¶ (A) Acquisitions of Twenty-Five Thousand Dollars ($25,000.00) or Greater. Acquisitions of or contracts for non-real property,goods or services where the expenditure by the City,is estimated to be twenty- Deleted:(including expenditures during five thousand dollars ($25,000.00) or greater shall be subject to prior approval by the City renewal periods,but not expenditures relating Commission, except for emergency acquisitions, which are subject to subsequent ratification by the to Change orders) City Commission pursuant to Section 36.02(C)(4) Deleted 5 (B) Multiple Acquisitions From Vendor Exceeding One Hundred Thousand Dollars($10 000.00)in Any Deleted:Twenty-Five Fiscal Year. Acquisitions of or contracts for non-real property, goods or services where the annual Deleted:25 expenditure by the City is estimated to be one hundred thousand dollars($100,000.00)or more from the same person+Shall be subject to prior approval by City Commission. Deleted:exceeding the aggregate sum of l ,Sec.36.04.-PROTEST PROCEDURES. twenty-five thousand dollars($25,000.00) Deleted:not be permitted from the same person during the course of any Fiscal Year, (A) Standing. Parties that are not actual bidders, proposers or responders, including, but not limited to, unless the acquisition is first approved by the subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have City Commission.This subsection shall not standing to protest or appeal any determination made pursuant to this Section. apply to utility acquisitions-I (B) Procedure. Page 5 (1) Protest of Failure to Qualify. Upon notification by the City that a bidder, proposer or responder is deemed non-responsive and/or non-responsible, the bidder, proposer or responder who is deemed non-responsive and/or non-responsible may file a protest with the Chief Financial Officer by close of business on the third business day after notification (excluding the day of Deleted Purchasing Manager notification)or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. (2) Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Financial Officer by close of business on the third business day after Deleted Purchasing Manager posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. The Chief Financial Officer or his/her designee shall have five(5)days to acknowledge receipt Deleted City Manager of a bid protest. A Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. (3) Content and Filing. The protest shall be in writing, shall identity the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Chief Financial Offices The time stamp clock located in the Finance/Purchasing office shall govern.Deleted Purchasing Manager (C) Protest Bond. Any bidder, proposer or responder filing a protest shall simultaneously provide a Protest Bond to the City in the amount set forth in the Sealed Competitive Method documents. If the protest is decided in the protester's favor,the entire Protest Bond shall be returned to the protester.If the protest is not decided in the protester's favor,the Protest Bond shall be forfeited to the City. If the City cancels the Sealed Competitive Bid, the Protest Bond shall be returned to the protester. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. (D) Protest Committee. The Protest Committee shall review all protests at a public meeting as soon as possible or no later than twenty(20)days after a bid protest is filed. The City Manager shall appoint the members of the Protest Committee. No member of the City Commission or Purchasing Agents shall serve on the Protest Committee.The Protest Committee members shall not be the same as the Deleted:Evaluation Selection Committee members. The City Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be opened to the public and all of the actual bidders, responders or proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps be taken. The protest appeal shall be heard at the next available City Commission meeting. All of the actual bidders, responders or proposers shall be notified of the determination by the Protest Committee no later than ten (10)days after the Protest Committee meeting. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (E) Stay of award of Agreement or Sealed Competitive Method. In the event of a timely protest,the City Manager shall stay the award of the Agreement or the Sealed Competitive Method unless the City Manager determines that the award of the Agreement without delay or the continuation of the Sealed Competitive Method is necessary to protect any substantial interest of the City. The continuation of the Sealed Competitive Method or award process under these circumstances shall not preempt or otherwise affect the protest. (F) Appeals to City Commission. Any actual bidder, proposer or responder who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification)of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for,the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. Page 6 (G) Failure to File Protest. Any actual bidder, proposer or responder that does not formally protest or appeal in accordance with this Section shall not have standing to protest the City Commission's Deleted: award. / Deleted:(A). / Deleted:Written Agreements.Written agreements shall be utilized for all acquisitions Sec.36.05.-FORM OF CONTRACT. of % Formatted:Outline numbered+Level:1+ 1 II acciuisiti2p§of on-real property, goods or services, except in the case of emergencV purchases, Numbering Style:1,2,3,...+Start at:1+ shall be purchased by written contract and/or purchase order. Contracts where the annual contract Alignment:Left+Aligned at: 0"+Indent at: amount is twenty-five thousand dollars ($25,000.00) or -greater shall require approval by the City 0.25" Commission. Deleted:where the total expenditure by the City(including expenditures during renewal ZL,The City may utilize a written agreement for any acquisition of less than twenty-five thousand dollars / periods,but not expenditures relating to ($25,000.00)that the City deems appropriate. All written agreements must be approved as to form Change Orders)is estimated to be twenty-five and legality by the City Attorney_ thousand dollars($25,000.00)or greater- (3) The City Attorney will approve the standard terms and conditions on the purchase order. o chan a Deleted:and executed by the City Attorney. shall be made to the standard terms and conditions on the purchase order ithout express approval Deleted:I of the City Attorney. (B).Purchase Orders.Where no other form of contract exists,purchase orders,in a form pre- Sec.36.06.-CHANGE ORDERS. approved by the City Attorney,shall be utilized for acquisitions of non-real property,goods or services where the total expenditure by the (A)The City mana-ger is hereby authorized to approve and initiate work On the following types Of change-, City is estimated to be greater than ten orders determined in his/her iud-gment to be in the public interest,as follows: thousand dollars($10,000.00).The City may utilize a purchase order for any acquisition of (1) All change orders decreasing the cost of the contract to the city: providing, however, such-\ ten thousand dollars($10,000.00)or less that decrease does not materially alter the character of the work contemplated by the contract. the City deems appropriate. (2) A change order increasing the cost of the contract to the city by an amount not in excess of \\\ Deleted:pre-approved purchase orderform twenty-five thousand dollars ($25,000.00) over the initial city commission approved contract Formatted:Indent:Left: 0",Hanging: 0.5" r>) Ice Formatted:Indent:Left: 0.3" (3) A change order which changes the contract time, provided the change does not increase the Formatted:Outline numbered+Level:1+ len-gth of the project by more than ninety(90)days. j Numbering Style:1,2,3,...+Start at:1+ Alignment:Left+Aligned at: 0.25"+Indent (4) A change order to close-out a protect with no change in cost. at: 0.5" (B)The City Commission shall approve all changes as follows: ; Deleted:(A).City Commission Approved Contracts.¶ (1) Change orders in excess of twenty-five thousand dollars($25,000.00). (1).Beyond the Scope of work.Any change Order that materially expands or alters the (2) Change orders where the cumulative change orders exceeds twenty (20) percent of the original scope of the work in a City Commission Contract price. approved contract shall be subject to prior approval by the City Commission.¶ (3) Any change order which materially expands or alters the scope of the work in a City Commission (2) Within the Scope of Work.The City approved Contract. Manager may approve a Change Order provided that it does not materially expand or ,Sec.36.07.-TERMINATION,EXTENSION AND RENEWAL. alter the scope e work City Commission approved contract Any such Change Order approved by the City Manager (A) City Commission Approved Contracts. shall be subject to ratification by the City Commission as soon as practicable.¶ (1) Termination. Contracts approved by the City Commission may be terminated only by the City (3).Extension of Completion Dates.Any Commission. If the City Manager desires to terminate a City Commission approved contract,the Change Order that extends the original City Manager may suspend the work under the contract until the City Commission makes a final substantial n approved completion date shall a City y g y p y Commission approved contract shall be determination. subject to prior approval by the City Commission.¶ (2) Extensions. The City Manager may extend a City Commission approved contract for up to (B).City Manager Approved Contracts.The ninety (90) days. The extension of any City Commission approved contract for longer than City Manager is authorized to approve a ninety (90) days shall be subject to prior approval by the City Commission. In the event of an Change order to a contract that was not Emergency, the City Manager may extend a City Commission approved contract without City approved by the City Commission,provided that the Change Order does not cause the Commission approval,subject to later ratification by the City Commission. total acquisition from the vendor to exceed the aggregate sum of twenty-five thousand doll Page 7 (3) Renewals. When a contract is entered into by the City pursuant to City Commission approval and provides for one or more renewals by affirmative action of the City, only the City Commission may approve such renewals. (4) Suspensions. The City Manager may suspend a City Commission approved contract for up to ninety (90) days. Suspension of a City Commission approved contract for longer than ninety (90)days shall be subject to City Commission approval. (B) City Manager Approved Contracts. For purposes of this section, City Manager approved contracts shall include all contracts and purchase orders up to twenty-four thousand nine hundred ninety-nine dollars and ninety-nine cents($24,999.99)approved by Department Heads and the City Manager. (1) Termination. Contracts that were approved by the City Manager and not approved by the City Commission may be terminated by the City Manager. (2) Extensions. The City Manager is authorized to extend for up to one hundred twenty(120)days any contract entered into by the City that was not approved by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Manager approval and provides for one or more renewals by affirmative action of the City, the City Manager is authorized to approve such renewals without City Commission approval. (4) Suspensions. Contracts that were not approved by the City Commission may not be suspended by the City Manager. Sec.36.08.-DISPOSAL OF NON-REAL PROPERTY. Deleted:1I (A) Trade-in. Where trade-in is available in conjunction with the purchase of replacement non-real property from the same vendor, the City may trade-in and replace its non-real property with that vendor. The trade-in of the City's non-real property shall be subject to approval by the City Commission if the estimated market value of the property being traded-in is greater than ten thousand dollars($10,000.00). (B) Market Value of Ten Thousand Dollars ($10,000.00) or Less. The City's non-real property with an estimated market value of ten thousand dollars ($10,000.00) or less may be sold or auctioned through a competitive process as determined by the City Manager. (C) Market Value Greater Than Ten Thousand Dollars ($10,000.00). The City Manager may sell or auction any of the City's non-real property with an estimated market value of greater than ten thousand dollars ($10,000.00) through a competitive process that is approved by the City Commission. (D) Junk Non-real Property.The City Manager may declare that any non-real property that is determined by the City Manager to have reached the end of its useful life and/or may expose the City to potential liability from its continued use or sale and/or whose disposition cost exceeds its value, is junk. Non- real property declared by the City Manager to be junk shall be disposed of without receipt of consideration (or, if necessary, at a cost to the City) and shall be rendered useless and not be donated. Sec.36.09.-REVENUE GENERATING CONTRACTS. Contracts with any person where the City estimates the City will receive revenue in the amount of twenty-five thousand dollars ($25,000.00) or greater over the term of the contract (including revenue during renewal periods)shall require approval by the City Commission and shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition methods provided in Section 36.02(C)(5), (6), (7), or(8� This Section shall not apply to the sale or lease of the City's real or non real Deleted or(�o) property. Sec.36.10.-AUTHORITY TO DEBAR OR SUSPEND. Page 8 (A) Authority.After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Chief Financial Officer after consultation with the requesting department City Deleted Purchasing Manager Manager and the City Attorney, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not exceed three (3)years. The Chief Financial Officer Deleted:Purchasing Manager after consultation with the requesting department, City Manager and the City Attorney shall have authority to suspend a person from consideration for award of contracts if there is probable cause for debarment.The suspension shall not exceed three(3)months. (B) Decision.The Chief Financial Officer shall issue a written decision to debar or suspend The decision Deleted Purchasing Manager shall: (1) State the reasons for the action taken;and (2) Inform the debarred or suspended person involved of its rights to administrative review as provided in this Section. (C) Criteria.A debarment or suspension may be issued based upon any of the following criteria: (1) A material misrepresentation,or omission,to the City; (2) Breach of a contract with the City; (3) Felony convictions, convictions for crimes involving moral turpitude and "public entity crime convictions"of a"person"or an"affiliate"of a person,as defined in F.S. Section 287.133; (4) Failure to comply with the cone of silence;or (5) A finding of violation of the state ethics law or a county or municipal ethics ordinance. (D) Finality of Decision. A decision under this Section shall be final and conclusive, unless based on fraudulent information,or (1) The debarred or suspended person commences an action in court;or (2) The debarred or suspended person appeals administratively in accordance with subsection(E). (E) Appeal. (1) Right of Appeal. Any person that has been disbarred or suspended and is aggrieved by the Purchasing Manager's determination may appeal the determination to the City Manager by filing a notice of appeal within ten (10) calendar days of the notice of Purchasing Manager's determination to debar or suspend. (2) Hearing Date. Within thirty(30)calendar days from the receipt of the notice of appeal,the City shall schedule a hearing before the City Manager or designee,at which time the person shall be given the opportunity to demonstrate why the decision of the Purchasing Manager should be overturned. (3) Hearing Procedure.The procedure for any hearing required by this Section shall be as follows: (a) The City shall cause to be served upon the person a notice of hearing, stating the date, time and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested,to the mailing address of the vendor or contractor on file with the City. (b) The person shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination, and to impeach any witness regardless of which party first called him to testify. (c) In any hearing before the City Manager or designee, irrelevant, immaterial, or unduly repetitious 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 a trial in the State courts. Page 9 (d) Within thirty (30) calendar days from the hearing, the City Manager or designee shall complete and submit to the City and the person requesting said hearing a final order consisting of the hearing officer's findings of fact and conclusions of law as to the granting or denial of the appeal. (F) Reinstatement. (1) Grounds. Requests for reinstatement shall be made in writing based upon the following grounds: (a) Discovery of new and material evidence not previously available; (b) Dismissal of the indictment or reversal of the conviction;or (c) Bona fide change in ownership or management sufficient to justify a finding of present responsibility. (2) Procedures. The request for reinstatement shall be forwarded by the Purchasing Manager to the City Manager or designee for a determination on reinstatement. The determination whether to reinstate shall be based on the written submission of evidence,without further hearing. Upon consideration of the written submission and any response from the Purchasing Manager, the City Manager or designee shall make a determination as to whether or not reinstatement is warranted based on the grounds set forth above. Sec.36.11.-ACQUISITION OF REAL PROPERTY. Whenever the City Commission determines it would be in the best interest of the City to purchase certain real property for municipal purposes, the City shall prepare a notice setting forth the terms and conditions of the proposed real property purchase and the date, time and place of the public hearing on the proposed purchase. The City shall publish the notice once a week for at least two (2) weeks in a newspaper of general circulation prior to consideration by the Commission of a resolution authorizing the purchase of the real property. The City Commission is authorized and empowered to make the real property purchase upon the terms and conditions it deems to be in the best interest of the City provided that the City Commission holds a public hearing prior to approving the resolution authorizing the purchase. The notice provisions of this Section shall not apply where the City has authorized the use of its eminent domain powers for the purchase of real property. Sec.36.12.-SALE,EXCHANGE,OR LEASE OF REAL PROPERTY. (A) Sale of Real Property.Whenever the City Commission determines that the City owns and possesses certain real property that is not needed for municipal purposes, the City Commission may sell that property in a manner, and upon terms and conditions, as the City Commission shall determine provided that the City Commission holds a public hearing prior to approving the resolution authorizing the sale. Before any sale can be completed, a notice of sale stating the date, time and place of the public hearing on the proposed sale shall be published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. (B) Exchange of Real Property. Whenever the City Commission determines that the City owns and possesses certain real property that is not needed for municipal purposes,the City Commission may exchange that property for other real property to be acquired for municipal purposes in a manner and upon terms and conditions as the City Commission shall determine are in the best interest of the City, provided that the City Commission holds a public hearing prior to approving the resolution authorizing the property exchange. Before any exchange of real property shall be completed, a notice stating the date, time and place of the public hearing on the proposed exchange shall be first published once a week for at least two (2)weeks in a newspaper of general circulation prior to the hearing. (C) Lease of Real Property. Prior to the City leasing any real property owned by the City for a term greater than one year(including optional renewal periods), except leasing to another governmental agency or an entity established under F.S. Section 163.01, public notice shall be given,which notice Page 10 shall state the terms of the proposed lease, and the date, time, and place where the Commission shall hold the public hearing. The notice shall be published once a week for at least two(2)weeks in a newspaper of general circulation prior to the hearing. Sec.36.13.-CONE OF SILENCE. Formatted:Font:(Default)Arial,10 pt Any person participating in a competitive solicitation issued by the City shall comply with Section 2- 355 of the Palm Beach County Code of Ordinances. Sec. 36.14.-Insurance requirements. Formatted:Indent:First line: o" The City Attorney and Risk Manager may establish guidelines for determining the type and minimum limits of liability, workers'compensation and other forms of insurance coverage that may be required for each type of contract.The City of Delray Beach shall be named as an additional insured for any required general liability coverage. From time to time,the city may require a contractor or consultant to provide the city with professional liability errors and omissions coverage. Firms unable to comply with the requirements of this section may be considered to be non-responsive vendors and precluded from doing business with the city. Sec. 36.15.-Contract administration. Formatted:Indent:First line: o" (A)General. Firm fixed price contracting is the preferred method: however, any type of contract which will promote the best interests of the city may be used: provided that the use of a cost-plus-a-percentage-of- cost contract is prohibited. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to the city than any other type or that it is impracticable to obtain the supplies,services,or construction required except under such a contract. (B)Multi-year contracts. (1)Specified period. Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the city provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds for such contract. (2)Use.A multi-year contract is authorized where: (a) Estimated requirements cover the period of the contract and are reasonably firm and Formatted:Indent:First line: 0.5" continuing:and (b)Such a contract will serve the best interests of the city by encouraging effective competition or otherwise promoting efficiencies in the city. (3) Cancellation due to unavailability of funds in succeeding fiscal periods. When funds are not Formatted:Indent:First line: 0" appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period,the contract shall be cancelled and the contractor shall be paid for any work, supplies or services already delivered under the contract. (C) Contract administration. The purchasing officer shall establish operational procedures to maintain a contract administration system designed to ensure that a contractor is performing in accordance with the solicitation requirements for which the contract was awarded and the terms and conditions of the contract. (D)Contingent contracts.The use of contingent contracts is prohibited. Page 11 M L O bio m U vi LL. m 3 � Op a > a o a a `^ a a 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 O O O O O O O O O O O O o o Ln o Lr Lr Lr Lr Lr o Lr o Lr o Ln Ln N O lD N N N N O M M N Ln 3 t/} t/} E E o a um 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 m O O O O O O O O O O O O O O > o o Ln o Ln Ln o Ln Ln o Ln o Ln o O ar Ln Ln N O to N Ln N N O N M N Ln a O U � a � o m U s CL N r- M to Ln O N N O Ln N to w w r w to to M m I- ri N O to I- w Ln O -:im O N ri N N Ol ,q I, M lq Ln Ln ,q lq O to m O I� Ol O c-I c-I N N Lr l C r-I lfl E O vi p N LU 14 c C O m i ++ U_ Q _R C a 0 Q. O 0 0 0 a � Lu 4- O N U N C N O (� U t U L v O U C 4- f6 CO f6 — CO C L.L. G/ N — O O L ACA d (U6 m m E C N S CO ' U C (L6 s O R E 4O N N 0 L T E C > O E ( G/ >O E U O O U a > Z H Z a �1 > 2 -M, m m N ORDINANCE NO. 06-15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 36, "ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY" AND AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Delray Beach has determined it is in the best interests of its residents to amend the current purchasing ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 36, "Acquisition of Goods and Services and Disposal of City Property" be amended as follows: CHAPTER 36. -ACQUISITION OF GOODS AND SERVICES AND DISPOSAL OF CITY PROPERTY Sec. 36.01. -APPLICABILITY; DEFINITIONS. (A) Applicability. This Chapter applies to the acquisitions of real and non-real property, goods and services and disposal of real and non-real property by the City after March 3, 2015 as provided for in this Chapter. Any actions taken or contracts or contract amendments entered into contrary to the provisions of this Chapter may, in the City's sole discretion, be declared null and void. (B) Definitions. For the purpose of this Chapter 36, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Acquisition. Buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services or construction including, but not limited to all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, including contract amendments and renewals, and all phases of contract administration. Annual. The period of time beginning on October 1 of any year and ending September 30 of the following year. Change Order. A written modification to a contract or purchase order, which amends one or more of the following: the scope of services, contract cost, contract time or the contract quantity(ies). Emergency. An unplanned or unexpected event that requires immediate action in order to prevent or remedy a service outage; or to prevent or remedy a situation that presents an immediate danger to human life, health or safety or a significant loss or damage to property, and where failure to take immediate action would enhance the risk of loss or prolong the delay in restoring service to Customers. Routine repairs and planned refurbishment do not constitute Emergencies. Expenditure. An outlay of city funds in exchange for goods or services. Fiscal Year. The period of time beginning on October 1 of any year and ending September 30 of the following year. Invitation to Bid(ITB). A written solicitation for sealed competitive bids with the title, date and hour of public bid opening designated and specifically defining the goods, group of goods or services for which bids are sought with an estimated cost of twenty-five thousand dollars ($25,000.00) or greater. It includes instructions prescribing all conditions for bidding and shall be distributed to all prospective bidders simultaneously. No negotiation is permitted, and the contract award is granted to the lowest priced Page 1 responsive and responsible bid, which conforms to the requirements set forth in the bid document unless otherwise provided in City ordinances. Person. Any natural person or entity including, but not limited to, a corporation, a partnership, a sole proprietorship, an estate, a trust, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. Purchasing agent. The city manager, purchasing officer and purchasing division staff or other designee who oversees the acquisition of goods and services on behalf of the city. Qualified bidder or qualified offeror. A person who has been deemed as a responsive and responsible vendor who has the capability in all respects to perform fully the contract requirements and has the integrity and reliability which will assure good faith performance. Request for information (RFI). A written request for information used to gather information prior to the issuance of a solicitation. It will be used to determine available sources rather than provide a firm specification; thereby giving the respondent latitude to develop a good or service that will fulfill the need, or thereby provide available sources for the goods or service. Upon receipt of responses to the RFI, the City may develop specifications for an invitation for bid or criteria for a request for proposal, either of which may be issued to qualified proposers who submitted responses to the RFI. Request for proposals (RFP). A written solicitation for competitive sealed proposals with the title, date and hour of deadline for submittal with an estimated cost of twenty-five thousand dollars ($25,000.00) or greater. The request for proposal document is used to solicit proposals from potential providers for goods and services. Requests for proposals are evaluated on various criteria, which may or may not include price. When used as an evaluation factor, price may not be the primary evaluation factor, but the proposal document shall state the relative importance of price as well as any other evaluation criteria. A request for proposal provides for the negotiation of all terms, including price, prior to contract award. Requests for proposal may be a single step or a multi-step process. Request for qualifications (RFQ). A written solicitation method utilized for obtaining qualification and performance data, which may include, but is not limited to, financial capabilities, reputation, experience and competency of a respondent. Responsible bidder/proposer. A person who has the capability in all respects to perform fully the contract requirements and has the integrity and reliability which will assure good faith performance. Responsive bidder/proposer. A person who has submitted a bid which conforms in all material respects to the request for bid or request for proposals. Small purchase. Acquisition of or contracts for non-real property, goods or services where individual purchases are estimated to be less than twenty-five thousand dollars ($25,000.00) each. Sec. 36.02. - METHODS OF ACQUISITION. The City shall determine, in its sole discretion, which of the following methods of acquisition to utilize for the acquisition of non-real property, goods and services. (A) Sealed Competitive Method. Acquisitions of or contracts for non-real property, goods or services where the annual expenditure by the City is estimated to be twenty-five thousand dollars ($25,000.00) or greater shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition methods, as provided in Section 36.02(C). (1) Competitive Bids. Sealed Competitive Bids are utilized where price, responsiveness, and responsibility are the sole determining factors. (2) Requests for Proposals and Requests for Qualifications. Requests for Proposals and Requests for Qualifications are utilized where price, responsiveness, and responsibility are not the sole determining factors. A Selection Committee, appointed by the City Manager, shall review the submissions received by the City in response to Requests for Proposals and Requests for Qualifications and make a recommendation to the City Commission. Page 2 Purchasing Agents shall not serve on a Selection Committee. The Selection Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (3) Submissions. It shall be the sole responsibility of the bidder, proposer or responder to have the bid, proposal or response delivered before the specified closing date and time. Bids, proposals or responses received after the closing date and time shall not be considered and shall be returned unopened. The time stamp clock in the Finance/Purchasing office shall govern. All bids, proposals and responses submitted pursuant to a Sealed Competitive Method shall remain sealed until they are opened publicly on the date and time and location stated in the Notice to Bidders, Proposers or Responders, or as may be amended by addendum. (4) City's Reservation of Rights. The City may utilize a Sealed Competitive Method for any acquisition that the City deems appropriate regardless of the estimated cost of the acquisition. Until final award of Contract, the City reserves the right to waive any informality or irregularity and to reject all bids, proposals and responses, with or without cause. (5) Notices inviting competitive sealed bids shall be publicly noticed at City Hall and on the City web site for at least 15 calendar days. Public notice of the competitive bids shall be given not less than 15 calendar days prior to the date and time set forth in the notice for the submission and opening of bids or proposals, unless a shorter time is deemed necessary for a particular acquisition by the purchasing officer. In addition to the public notice at City Hall and on the City web site, notices for construction projects will be advertised according to F.S. §255.0525, as amended. (B) Written Quotations Method. The City may acquire or contract for non-real property, goods or services for small purchases with three written quotations obtained from individual sources, except when impracticable. The Department Head may approve small purchases estimated to be ten thousand dollars ($10,000.00) or less. The City Manager may approve small purchases estimated to be less than twenty-five thousand dollars ($25,000.00). The written quotations received by the City shall be retained with the purchase order and pursuant to public records law. (C) Direct Acquisition Method. (1) Acquisitions of Two Thousand Five Hundred Dollars ($2,500.00) or Less. Acquisitions of non-real property, goods or services where the individual expenditure by the City is estimated to be two thousand five hundred dollars ($2,500.00)or less may be approved by the Department Head utilizing a City issued purchasing card or purchase order. The Chief Financial Officer shall promulgate written rules and regulations governing purchasing card transactions. (2) Professional Services. Except as otherwise provided for in Florida Law, contracts for professional services (which include but is not limited to services provided by attorneys, accountants, actuaries, financial advisors, expert witnesses or other licensed professionals) may be made or entered into by the City Manager. (3) Professional Design and Engineering Services. Acquisitions for professional design services, including architectural, professional engineering, landscape architecture or registered surveying or mapping services must be procured in accordance with the Consultants' Competitive Negotiations Act, Florida Statute 287.055, as amended utilizing a qualifications based acquisition process which shall not permit the use of price as an evaluation factor. The City Manager may approve work authorizations for professional design and engineering services with firms procured in accordance with the Consultants' Competitive Negotiations Act, Florida Statute 287.055, as amended, where the work authorization is estimated to be less than twenty-five thousand dollars ($25,000.00). Page 3 (4) Specialty Goods and Services. Small purchase acquisitions of or contracts for specialty goods and services (including but not limited to performing artists, artwork, special events, entertainment, and food and beverage) may be made or entered into by the City Manager. (5) Emergency Acquisitions. The City Manager may acquire or contract for non-real property, goods, or services required in contemplation of, preparation for, or during an Emergency regardless of the amount. Emergency acquisitions of non-real property, goods or services where the expenditure by the City is estimated to be twenty-five thousand dollars ($25,000.00) or greater shall be subject to ratification by the City Commission as soon as practicable. (6) Sole Source and City Standard. (a) Sole Source. The City may acquire or contract for non-real property, goods or services that are available to the City from only one source without utilizing the Sealed Competitive Method or Written Quotations Method. The City Manager may approve Sole Source acquisitions for small purchases.. (b) City Standard. Where the City has determined that a particular style, brand, make, or model is the only type that meets the City's requirements for performance, consistency, compatibility or other salient characteristics, and such determination has resulted in there being only one source available to the City, the City may acquire or contract for such goods without utilizing a Sealed Competitive Method or the Written Quotations Method. The City Manager may approve City Standard acquisitions for small purchases. (7) Utilization of Other Governmental Entities'Contracts. (a) The City may acquire or contract for non-real property, goods or services where the desired goods or services are the subject of a contract with the State, its political subdivisions or other local governmental entities in the State, with associations in Florida affiliated with state and/or local governmental entities or departments (such as the Florida Sheriffs Association and the Florida Fire Chiefs' Association), with the United States government, provided that the contract is based strictly on competitive bidding or with any other governmental entity. The utilization of other governmental contracts must be in a form acceptable to the City Attorney. The City Manager may approve the utilization of other governmental entities' contracts for small purchases. (b) Utilization of other government entities' contracts shall only be permitted during the term of the other governmental entity's contract or for one year from the date the other governmental entity awards the bid, whichever is longer. (c) If the City desires to utilize another governmental entity's contract, the City shall require the vendor to certify that the price or rate represents the lowest price or rate for the non-real property, goods or services of any contract between the vendor and any other governmental entity within Palm Beach, Broward, Martin and Dade County, Florida. (8) Cooperative Acquisitions. The City may acquire or contract for non-real property, goods or services where the City participates in joint procurement of non-real property, goods or services with other public entities within the State, including, but not limited to acquisitions made pursuant to interlocal agreements entered into with other governmental entities in accordance with F.S. Chapter 163. The City Manager may approve contracts for joint purchasing agreements for small purchases. (9) Resale. The City may acquire food, beverages and merchandise purchased for resale, which would include but not be limited to the City's golf courses and tennis center facilities, with Department Head approval regardless of the amount and without City Commission approval. Page 4 (10)Waiver of acquisition procedures. The city commission may authorize the waiver of procurement procedures upon the recommendation of the city manager that it is in the city's best interest to do so to obtain goods and services which cannot be acquired through the normal purchasing process due to insufficient time, the nature of the goods or services, or other factors. Purchases authorized by the waiver process shall be acquired with such competition as is practicable under the circumstances and only after a good faith review of all available sources and negotiation as to price, delivery and terms. There shall be no waiver of procurement procedures for procurements that are subject to the provisions of F.S. § 287.055 or§ 255.20, as amended. (11) Exemptions. The City may acquire or contract for the following non-real property, goods or services without City Commission approval. (a) Dues and memberships in trade and professional organizations. (b) Registration fees for trade and career fairs. (c) Copyrighted materials or patented materials not available from multiple sources. (d) Goods or services provided by other governmental entities. (e) Subscriptions for periodicals and newspapers. (f) Advertising. (g) Periodic payments of principal and interest on City debt. (h) Required payroll related expenditures. (i) Licensed computer software, web-based applications and maintenance for such software and applications for existing systems. This shall not apply for acquisition of new software. Q) Postage. (k) Refunds. (1) Travel expenses for employees on city business and participants in recreational programs. (m) Water, sewer, electrical, telephone and cable television utility services. Sec. 36.03. -CITY COMMISSION APPROVAL. (A) Acquisitions of Twenty-Five Thousand Dollars ($25,000.00) or Greater. Acquisitions of or contracts for non-real property, goods or services where the expenditure by the City is estimated to be twenty- five thousand dollars ($25,000.00) or greater shall be subject to prior approval by the City Commission, except for emergency acquisitions, which are subject to subsequent ratification by the City Commission pursuant to Section 36.02(C)(4). (B) Multiple Acquisitions From Vendor Exceeding One Hundred Thousand Dollars ($100,000.00) in Any Fiscal Year. Acquisitions of or contracts for non-real property, goods or services where the annual expenditure by the City is estimated to be one hundred thousand dollars ($100,000.00) or more from the same person shall be subject to prior approval by City Commission. Sec. 36.04. - PROTEST PROCEDURES. (A) Standing. Parties that are not actual bidders, proposers or responders, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this Section. (B) Procedure. Page 5 (1) Protest of Failure to Qualify. Upon notification by the City that a bidder, proposer or responder is deemed non-responsive and/or non-responsible, the bidder, proposer or responder who is deemed non-responsive and/or non-responsible may file a protest with the Chief Financial Officer by close of business on the third business day after notification (excluding the day of notification) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. (2) Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any actual bidder, proposer or responder who is aggrieved in connection with the pending award of the agreement or any element of the process leading to the award of the agreement may file a protest with the Chief Financial Officer by close of business on the third business day after posting (excluding the day of posting) or any right to protest is forfeited. It shall be the sole responsibility of such bidder, proposer or responder to verify the operating hours of City Hall. The Chief Financial Officer or his/her designee shall have five (5) days to acknowledge receipt of a bid protest. A Notice of Intent to Reject all Bids, Proposals or Responses is subject to the protest procedure. (3) Content and Filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Chief Financial Officer. The time stamp clock located in the Finance/Purchasing office shall govern. (C) Protest Bond. Any bidder, proposer or responder filing a protest shall simultaneously provide a Protest Bond to the City in the amount set forth in the Sealed Competitive Method documents. If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the City. If the City cancels the Sealed Competitive Bid, the Protest Bond shall be returned to the protester. The Protest Bond shall be in the form of a cashier's check, and shall be in the amount specified in the Sealed Competitive Method documents. (D) Protest Committee. The Protest Committee shall review all protests at a public meeting as soon as possible or no later than twenty (20) days after a bid protest is filed. The City Manager shall appoint the members of the Protest Committee. No member of the City Commission or Purchasing Agents shall serve on the Protest Committee. The Protest Committee members shall not be the same as the Selection Committee members. The City Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be opened to the public and all of the actual bidders, responders or proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the City Manager shall direct that all appropriate steps be taken. The protest appeal shall be heard at the next available City Commission meeting. All of the actual bidders, responders or proposers shall be notified of the determination by the Protest Committee no later than ten (10) days after the Protest Committee meeting. The Protest Committee shall terminate upon the award of the contract, or such other time as determined by the City Commission. (E) Stay of award of Agreement or Sealed Competitive Method. In the event of a timely protest, the City Manager shall stay the award of the Agreement or the Sealed Competitive Method unless the City Manager determines that the award of the Agreement without delay or the continuation of the Sealed Competitive Method is necessary to protect any substantial interest of the City. The continuation of the Sealed Competitive Method or award process under these circumstances shall not preempt or otherwise affect the protest. (F) Appeals to City Commission. Any actual bidder, proposer or responder who is aggrieved by a determination of the Protest Committee may appeal the determination to the City Commission by filing an appeal with the City Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the City Clerk. Page 6 (G) Failure to File Protest. Any actual bidder, proposer or responder that does not formally protest or appeal in accordance with this Section shall not have standing to protest the City Commission's award. Sec. 36.05. - FORM OF CONTRACT. (1) All acquisitions of non-real property, goods or services, except in the case of emergency purchases, shall be purchased by written contract and/or purchase order. Contracts where the annual contract amount is twenty-five thousand dollars ($25,000.00) or greater shall require approval by the City Commission. (2) The City may utilize a written agreement for any acquisition of less than twenty-five thousand dollars ($25,000.00) that the City deems appropriate. All written agreements must be approved as to form and legality by the City Attorney. (3) The City Attorney will approve the standard terms and conditions on the purchase order. No change shall be made to the standard terms and conditions on the purchase order without express approval of the City Attorney. Sec. 36.06. -CHANGE ORDERS. (A) The city manager is hereby authorized to approve and initiate work on the following types of change orders determined in his/her judgment to be in the public interest, as follows: (1) All change orders decreasing the cost of the contract to the city; providing, however, such decrease does not materially alter the character of the work contemplated by the contract. (2) A change order increasing the cost of the contract to the city by an amount not in excess of twenty-five thousand dollars ($25,000.00) over the initial city commission approved contract price. (3) A change order which changes the contract time, provided the change does not increase the length of the project by more than ninety(90) days. (4) A change order to close-out a project with no change in cost. (B)The City Commission shall approve all changes as follows: (1) Change orders in excess of twenty-five thousand dollars ($25,000.00). (2) Change orders where the cumulative change orders exceeds twenty (20) percent of the original contract price. (3) Any change order which materially expands or alters the scope of the work in a City Commission approved contract. Sec. 36.07. -TERMINATION, EXTENSION AND RENEWAL. (A) City Commission Approved Contracts. (1) Termination. Contracts approved by the City Commission may be terminated only by the City Commission. If the City Manager desires to terminate a City Commission approved contract, the City Manager may suspend the work under the contract until the City Commission makes a final determination. (2) Extensions. The City Manager may extend a City Commission approved contract for up to ninety (90) days. The extension of any City Commission approved contract for longer than ninety (90) days shall be subject to prior approval by the City Commission. In the event of an Emergency, the City Manager may extend a City Commission approved contract without City Commission approval, subject to later ratification by the City Commission. Page 7 (3) Renewals. When a contract is entered into by the City pursuant to City Commission approval and provides for one or more renewals by affirmative action of the City, only the City Commission may approve such renewals. (4) Suspensions. The City Manager may suspend a City Commission approved contract for up to ninety (90) days. Suspension of a City Commission approved contract for longer than ninety (90)days shall be subject to City Commission approval. (B) City Manager Approved Contracts. For purposes of this section, City Manager approved contracts shall include all contracts and purchase orders up to twenty-four thousand nine hundred ninety-nine dollars and ninety-nine cents ($24,999.99) approved by Department Heads and the City Manager. (1) Termination. Contracts that were approved by the City Manager and not approved by the City Commission may be terminated by the City Manager. (2) Extensions. The City Manager is authorized to extend for up to one hundred twenty (120) days any contract entered into by the City that was not approved by the City Commission. (3) Renewals. When a contract is entered into by the City pursuant to City Manager approval and provides for one or more renewals by affirmative action of the City, the City Manager is authorized to approve such renewals without City Commission approval. (4) Suspensions. Contracts that were not approved by the City Commission may not be suspended by the City Manager. Sec. 36.08. - DISPOSAL OF NON-REAL PROPERTY. (A) Trade-in. Where trade-in is available in conjunction with the purchase of replacement non-real property from the same vendor, the City may trade-in and replace its non-real property with that vendor. The trade-in of the City's non-real property shall be subject to approval by the City Commission if the estimated market value of the property being traded-in is greater than ten thousand dollars ($10,000.00). (B) Market Value of Ten Thousand Dollars ($10,000.00) or Less. The City's non-real property with an estimated market value of ten thousand dollars ($10,000.00) or less may be sold or auctioned through a competitive process as determined by the City Manager. (C) Market Value Greater Than Ten Thousand Dollars ($10,000.00). The City Manager may sell or auction any of the City's non-real property with an estimated market value of greater than ten thousand dollars ($10,000.00) through a competitive process that is approved by the City Commission. (D) Junk Non-real Property. The City Manager may declare that any non-real property that is determined by the City Manager to have reached the end of its useful life and/or may expose the City to potential liability from its continued use or sale and/or whose disposition cost exceeds its value, is junk. Non- real property declared by the City Manager to be junk shall be disposed of without receipt of consideration (or, if necessary, at a cost to the City) and shall be rendered useless and not be donated. Sec. 36.09. - REVENUE GENERATING CONTRACTS. Contracts with any person where the City estimates the City will receive revenue in the amount of twenty-five thousand dollars ($25,000.00) or greater over the term of the contract (including revenue during renewal periods) shall require approval by the City Commission and shall be subject to a Sealed Competitive Method, unless the City utilizes one of the direct acquisition methods provided in Section 36.02(C)(5), (6), (7), or (8). This Section shall not apply to the sale or lease of the City's real or non-real property. Sec. 36.10. -AUTHORITY TO DEBAR OR SUSPEND. Page 8 (A) Authority. After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Chief Financial Officer, after consultation with the requesting department, City Manager and the City Attorney, shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not exceed three (3) years. The Chief Financial Officer, after consultation with the requesting department, City Manager and the City Attorney shall have authority to suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not exceed three (3) months. (B) Decision. The Chief Financial Officer shall issue a written decision to debar or suspend. The decision shall: (1) State the reasons for the action taken; and (2) Inform the debarred or suspended person involved of its rights to administrative review as provided in this Section. (C) Criteria. A debarment or suspension may be issued based upon any of the following criteria: (1) A material misrepresentation, or omission, to the City; (2) Breach of a contract with the City; (3) Felony convictions, convictions for crimes involving moral turpitude and "public entity crime convictions"of a "person" or an "affiliate"of a person, as defined in F.S. Section 287.133; (4) Failure to comply with the cone of silence; or (5) A finding of violation of the state ethics law or a county or municipal ethics ordinance. (D) Finality of Decision. A decision under this Section shall be final and conclusive, unless based on fraudulent information, or (1) The debarred or suspended person commences an action in court; or (2) The debarred or suspended person appeals administratively in accordance with subsection (E). (E) Appeal. (1) Right of Appeal. Any person that has been disbarred or suspended and is aggrieved by the Purchasing Manager's determination may appeal the determination to the City Manager by filing a notice of appeal within ten (10) calendar days of the notice of Purchasing Manager's determination to debar or suspend. (2) Hearing Date. Within thirty (30) calendar days from the receipt of the notice of appeal, the City shall schedule a hearing before the City Manager or designee, at which time the person shall be given the opportunity to demonstrate why the decision of the Purchasing Manager should be overturned. (3) Hearing Procedure. The procedure for any hearing required by this Section shall be as follows: (a) The City shall cause to be served upon the person a notice of hearing, stating the date, time and place of the hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the vendor or contractor on file with the City. (b) The person shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination, and to impeach any witness regardless of which party first called him to testify. (c) In any hearing before the City Manager or designee, irrelevant, immaterial, or unduly repetitious 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 a trial in the State courts. Page 9 (d) Within thirty (30) calendar days from the hearing, the City Manager or designee shall complete and submit to the City and the person requesting said hearing a final order consisting of the hearing officer's findings of fact and conclusions of law as to the granting or denial of the appeal. (F) Reinstatement. (1) Grounds. Requests for reinstatement shall be made in writing based upon the following grounds: (a) Discovery of new and material evidence not previously available; (b) Dismissal of the indictment or reversal of the conviction; or (c) Bona fide change in ownership or management sufficient to justify a finding of present responsibility. (2) Procedures. The request for reinstatement shall be forwarded by the Purchasing Manager to the City Manager or designee for a determination on reinstatement. The determination whether to reinstate shall be based on the written submission of evidence, without further hearing. Upon consideration of the written submission and any response from the Purchasing Manager, the City Manager or designee shall make a determination as to whether or not reinstatement is warranted based on the grounds set forth above. Sec. 36.11. -ACQUISITION OF REAL PROPERTY. Whenever the City Commission determines it would be in the best interest of the City to purchase certain real property for municipal purposes, the City shall prepare a notice setting forth the terms and conditions of the proposed real property purchase and the date, time and place of the public hearing on the proposed purchase. The City shall publish the notice once a week for at least two (2) weeks in a newspaper of general circulation prior to consideration by the Commission of a resolution authorizing the purchase of the real property. The City Commission is authorized and empowered to make the real property purchase upon the terms and conditions it deems to be in the best interest of the City provided that the City Commission holds a public hearing prior to approving the resolution authorizing the purchase. The notice provisions of this Section shall not apply where the City has authorized the use of its eminent domain powers for the purchase of real property. Sec. 36.12. -SALE, EXCHANGE, OR LEASE OF REAL PROPERTY. (A) Sale of Real Property. Whenever the City Commission determines that the City owns and possesses certain real property that is not needed for municipal purposes, the City Commission may sell that property in a manner, and upon terms and conditions, as the City Commission shall determine provided that the City Commission holds a public hearing prior to approving the resolution authorizing the sale. Before any sale can be completed, a notice of sale stating the date, time and place of the public hearing on the proposed sale shall be published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. (B) Exchange of Real Property. Whenever the City Commission determines that the City owns and possesses certain real property that is not needed for municipal purposes, the City Commission may exchange that property for other real property to be acquired for municipal purposes in a manner and upon terms and conditions as the City Commission shall determine are in the best interest of the City, provided that the City Commission holds a public hearing prior to approving the resolution authorizing the property exchange. Before any exchange of real property shall be completed, a notice stating the date, time and place of the public hearing on the proposed exchange shall be first published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. (C) Lease of Real Property. Prior to the City leasing any real property owned by the City for a term greater than one year (including optional renewal periods), except leasing to another governmental agency or an entity established under F.S. Section 163.01, public notice shall be given, which notice Page 10 shall state the terms of the proposed lease, and the date, time, and place where the Commission shall hold the public hearing. The notice shall be published once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing. Sec. 36.13. -CONE OF SILENCE. Any person participating in a competitive solicitation issued by the City shall comply with Section 2- 355 of the Palm Beach County Code of Ordinances. Sec. 36.14. - Insurance requirements. The City Attorney and Risk Manager may establish guidelines for determining the type and minimum limits of liability, workers' compensation and other forms of insurance coverage that may be required for each type of contract. The City of Delray Beach shall be named as an additional insured for any required general liability coverage. From time to time, the city may require a contractor or consultant to provide the city with professional liability errors and omissions coverage. Firms unable to comply with the requirements of this section may be considered to be non-responsive vendors and precluded from doing business with the city. Sec. 36.15. -Contract administration. (A) General. Firm fixed price contracting is the preferred method; however, any type of contract which will promote the best interests of the city may be used; provided that the use of a cost-plus-a-percentage-of- cost contract is prohibited. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to the city than any other type or that it is impracticable to obtain the supplies, services, or construction required except under such a contract. (B) Multi-year contracts. (1)Specified period. Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the city provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds for such contract. (2)Use. A multi-year contract is authorized where: (a) Estimated requirements cover the period of the contract and are reasonably firm and continuing; and (b) Such a contract will serve the best interests of the city by encouraging effective competition or otherwise promoting efficiencies in the city. (3) Cancellation due to unavailability of funds in succeeding fiscal periods. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be paid for any work, supplies or services already delivered under the contract. (C) Contract administration. The purchasing officer shall establish operational procedures to maintain a contract administration system designed to ensure that a contractor is performing in accordance with the solicitation requirements for which the contract was awarded and the terms and conditions of the contract. (D) Contingent contracts. The use of contingent contracts is prohibited. Page 11