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MAYOR: Scott W. Morgan VICE MAYOR: Thomas M. Stanley COMMISSIONER: Paul A. Lyons, Jr. Joan K. Orthwein Donna S. White REGULAR MEETING AND PUBLIC HEARING BEING HELD B THE TOWN OF GULF STREAM ON FRIDAY, JUNE 8, 2018 IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS SEA ROAD, GULF STREAM, FLORIDA. AGENDA June 1, 2018 Y THE TOWN COMMISSION OF AT 9:00 A.M., OF THE TOWN HALL, 100 I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting of May 11, 2018. V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Regular Meetings and Public Hearings 1. July 13, 2018 at 9:00 A.M. 2. August 10, 2018 at 9:00 A.M. 3. September 14, 2018 at 9:00 A.M. 4. October 12, 2018 at 9:00 A.M. 5. November 9, 2018 at 9:00 A.M. 6. December 14, 2018 at 9:00 A.M. B. Proposed Budget Hearing Dates 1. July 13, 2018 at 9:00 A.M. 2. September 14, 2018 at 5:01 P.M. 3. September 19, 2018 at 5:01 P.M. VII. Communication from the Public (3 min. maximum) VIII. PUBLIC HEARING A. Declaration of Ex -Parte Communication B. Administer Oaths C. Items Related to Previous Approvals 1. An application submitted by Carlos Linares, Randall Stofft Architects, as agent for N. Ocean Capital 2929 B LLC, owner of property located at 2929 N. Ocean Blvd., Gulf Stream, Florida 33483, legally described as the South 120 feet of Lot 1, Gulf Stream, Ocean Tract recorded in Plat Book 16, Page 81 of the Public Records of Palm Beach County, Florida and including revisions made to original plan and presented on January 25, 2018 a. SPECIAL EXCEPTION #1 to permit an additional 220 square feet of covered, unenclosed floor area that exceeds the maximum FAR of 8,705 square feet. b. SPECIAL EXCEPTION #2 to permit the construction of a 488 square foot gate house in the Beachfront Design District. c. NORTH OCEAN BLVD. OVERLAY PERMIT to permit the construction of a 488 square foot gate house and an 8 foot high stucco wall within the North Ocean Blvd. Corridor. d. LEVEL 3 ARCHITECTURAL/SITE PLAN REVIEW to permit construction of a two-story Gulf Stream Bermuda style single family dwelling with attached 3 car garage and a detached gate house, a total of 8,925 square feet, and swimming pool and spa. IX. Reports. AGENDA CONTINUED A. Town Manager 1. Utility Undergrounding 2. Comcast Cable Update 3. Approval of Lease for Digital Printer/Copier/Scanner/Fax B. Architectural Review & Planning Board 1. Meeting Dates a. June 28,2018 at 8:30 A.M. b. July 26,2018 at 8:30 A.M. C. No August Meeting d. September 27, 2018 at 8:30 A.M. e. October 25, 2018 at 8:30 A.M. C. Finance Director 1. Financial Report for May 2018 2. Water Usage as of May 31, 2018 D. Police Chief 1. Activity for May 2018 X. Items for Commission Action. A. ORDINANCE NO. 18/3; AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 22, NUISANCES, ARTICLE 3, NOISE, DIVISION 2, CONSTRUCTION AND MAINTENANCE ACTIVITIES SECTION 22-68, SAME—REGULATIONS, TO DEFINE PERMITTED ARRIVAL AND DEPARTURE TIME TO PERFORM REGULATED ACTIVITES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (Second Reading & Adoption) B. RESOLUTION NO. 18-04; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, RESCINDING THE PREVIOUSLY ESTABLISHED LIEN SEARCH FEE; ESTABLISHING AN UPDATED LIEN SEARCH FEE; PROVIDING AN EFFECTIVE DATE. C. Unity of Title Approval -4001 N. Ocean Blvd., Units 103 & 104 D. Bid Award -3140 Polo Dr. Stormwater Outfall E. Items by Mayor & Commissioners XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. F.S.S. 286.0105 MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, MAY 11, 2018 AT 9:00 A.M. IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA. I. Call to Order. Mayor Morgan called the meeting to order at 9:00 A.M. II. Pledge of Allegiance. The Mayor led the Pledge of Allegia III. Roll Call. Present & Participating: Also Present & Participating: Absent with Notice: IV. Minutes. A. Regu Co amount report should read $1,00 Commiss and Coi ssione W AcT%tions, wi Thex were no Scott W. Mor Paul Lyons, Joan K. 0 ein Donna S ite Gregory u am Trey Nazzar Edward Allen aibha Taylor WTIOML.W. Stanle Jo 'RNISL2 1ph yor issioner Co ssioner Comma loner Town M Staff A ney Police ief Town Clerk Vice Mayor Town Attorney Z to an error in the rise Fund, advising it Vhe minutes with the correction tion with all voting AYE. eferrals, arrangement of agenda items. the agenda. VI. Announc ents. A. Rel Meet' s and Public Hearings 1. Jun 8, 8 at 9:00 A.M. 2. July 2018 at 9:00 A.M. 3. Augus 0, 2018 at 9:00 A.M. 4. September 14, 2018 at 9:00 A.M. 5. October 12, 2018 at 9:00 A.M. 6. November 9, 2018 at 9:00 A.M. VII. Communication from the Public (3 min. maximum) There were no communications from the public. VIII. PUBLIC HEARING There was no ex -parte communications declared and the Town Clerk administered the Oath to Carlos Linares and Mark Jacobson. 1 Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. A. Applications for Development Approval Commissioner Lyons stated for the record that he will not be speaking or voting in relation to the Thomas application as this property is located next door to his property. 1. An application submitted by Carlos Linares of Randall Stofft Archit., as agent for Patrick Thomas, owner of property located at 2943 Polo Drive, Gulf Stream, Florida 33483, legally described as Lot 1 replat of Part of Gulf Stream Properties, according to map of plat thereof as recorded in Plat Book 18, Pag blic Records of Palm Beach County, Florida. Mr. Linares explained that e e 'sting property is a single story home with no garage and a on onfo ng north wall that extends into the setback. He said th ey uld 'ke to add a 2 car garage but found that would not be sib wi hout variance so they are asking for a Special Exceptio o extend that non- nforming wall 6' to accommodate a one car garage. addition they are p ni to add a second story containing 2 bedrooms a ter bedroom w balcony, a covered front entry and a covered u c d outdoor 1' g area. Mr Linares commented that the are not ask fo any disco u aged items. a. Land C Permit to lear land for additions. Commi o r ite moved approve the Land Clearing Permit and Commissioner Orth in onded th otlAw. Commissioner Orthwein, Commissioner White d Ma Morgan AYE. b. d10fthial Exce 'on exte a non -conforming wall. Exception to Commissioner Morgan voting .pprove the Special tion was seconded by wein and Mayor Sp ion o permit an additional 240 sq. ft. cov ere closed floor area that exceeds the xim FAR of 5, 5 sq. ft. A otio as made by Commissioner White to approve the Special Ex tion to rmit dditional 240 sq. ft. of covered, unenclosed or area at e eds the maximum FAR of 5,535 sq. ft. The motion was se ded by mmi sioner Orthwein. Those voting AYE were Commissioner Wh e, Co ssioner Orthwein and Mayor Morgan. d. eve Architectural/Site Plan Review to permit a ons of 1,529 sq. ft. to the first floor, the a tion of a second story consisting of 1,748 sq. ft. and a 328 sq. ft. one car garage to an existing single story, Gulf Stream Bermuda style, single family dwelling. Commissioner White moved for approval of a Level 3 Architectural/Site Plan based on a finding that the addition of 1,529 sq. ft. to the first floor, the addition of a second story consisting of 1,748 sq. ft. and a 328 sq. ft. one car garage to an existing single story, Gulf Stream Bermuda style, single family dwelling meet the minimum intent of the Design Manual and applicable review standards with the following conditions: Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. White 1. Prior to the issuance of a Certificate of Occupancy the owner of the property shall prepare and sign a Gulf Stream Driveway Removal Agreement. 2. Any minor modifications in the approved landscaping shall be submitted to the Town Manager for review and approval and any major modification shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. 3. Prior to the issuance of a certif'cate of occupancy, the owner of the property shall prepare record a deed restriction which shall provide t al oof projection areas shall remain unenclosed as per a al o the Special Exception for as long as the st ctu is in existence or exceeds the maximum FAR. 4. Prior to exterior pain t fina color scheme must be presented to the Town Ma r ap roval. 5. Quoins be added on ners around the M er Balcony to match those around the t Ba cony. Commissioner Orthwein seco ed motion and C sioner Commissioner Orthwein and Mayor r voted AYE. B. Items Related Trevious App al 1. An applic ubmitted b arlos Linares, Randall Stofft Architect a a t for N. an Capital 2929 B LLC, owner of pr pe y ted at 2 N cean Blvd., Gulf Stream, Florida 3483, gally d bed as the South 120 fe of 1, G f S Ocea ract recorded in Plat 16, ge 81 e Pub ecords of Palm Beach nty, F1 ida an ncludi evisions made to original pl and p ented o Januar 25, 2018. Town anag Dunham g e summary of the various actions that hav taken y and Town Commission in regard to this a catio hat origl itted in December 2017. Mr. Lina s explain the rious changes that have been made since that firs resentati in ber adding that they would like to maintain th igher "d cour rd" eave height since other homes in the area also hav he high ea e. However, he said that he has come prepared today prese the lower "preferred" eave height if necessary. He fur er ised that the owner is anxious to move forward with the project. inded that in the past they redesigned the rear elevation to reduce e appearance of the amount of windows. He further explained that the item referred to as the entry pavilion is a garden feature and will not be attached to the house. Commissioner Lyons stated that, in reviewing the video from the last meeting, the items in question were height, mass, number of windows, style of windows and style of house. He believed the number of windows is a dominant element which is discouraged and the style of windows is not preferred. He commented that the style of home is stated to be Bermuda but he did not feel this home meets the criteria. He said that he knows of only one other home in town that has 5 windows side by side 3 Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. with no separation to speak of. He further noted that the southwest elevation now has three windows and there were originally only 2 windows. The Mayor added that he agrees and pointed out there is also a 2 story stacked window along the side of the door. Commissioner Lyons suggested to use the original plan with 2 windows on the southwest elevation and removing the center window from the row of 5 windows and adding shutters. Commissioner White was in agreement and suggested that perhaps a 3 dimensional presentation would help Mr. Linares distributed such drawing but with some differ eatures. Commissioner Orthwein moved to defer actio 2929 . Ocean Blvd. to the next Commission Meeting after Mr. Li s met with staff. Commissioner White seconded the motion n 11 v d AYE at the roll call. 2. An application submit b ar s Lin es, Randall S t o f f t, Architects s agent for N. Oce Capital 3565 B LLC, owner of Pro lo c ed at 3565 N. ea Blvd., Gulf Stream, Florida 83, gally describ a portion of Lots 7&8, Gulf Strea c Tracts, acc ng to the plat recorde in Plat Boo g. 81 and rtion of lots 9&10, Bloc f Blocks A, Z, Palm Beach Shore Acres, according o h lat recor in Plat Book 7, Pg. 15, Public Records f Beach C ty d a portion of the right of way of cean lvd.{aba I. Mr. es said at ome w also designed with the Second floor eav eigh 'n the rag ange but they are prepared to lower that height o the p erred r , 22'6". Mayor Morgan said that he does n e the s etry o balanc hat is associated with British Colonial t hick Linare said it is the volumes and details that dete the s e 's Nous . Linares pointed out that they lowered e tion _ e ga f and will have steps from the garag the hou Commissio Orthwein oted e is an easement on the south side of property fo deeded ac ss to beach and she questioned how this will be addressed. M Linares id t there is an existing wall on the south property line they a proposing to construct a similar wall on the north side of th 10' ea ment. Mark Jacobson, Lands Architect, pointed out that they will be adding to the existing materia t the front an both sides to provide privacy and explained that as the project moves forward there are expected to be changes made as needed to achieve the goals of privacy for all parties. a. SPECIAL EXCEPTION #1 to permit an additional 197 square feet of covered, unenclosed floor area that exceeds the maximum FAR of 7,129 square feet. Commissioner Lyons moved to approve the Special Exception to allow 197 sq. ft. of covered, unenclosed area that exceeds the maximum permitted Floor 4 Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. Area Ratio of 7,129 sq. ft. and Commissioner White seconded the motion with all voting AYE at roll call. b. SPECIAL EXCEPTION #2 to permit the construction of a 467 square foot gate house in the Beachfront Design District. Commissioner Lyons then moved to approve a Special Exception to allow the construction of a 467 sq. ft. gatehouse in the Beachfront Design District. Commissioner White econded the motion and all voted AYE. C. NORTH OCEAN BLVD. OVER PER T to permit the construction of a 467 e fo gate house and an 8 foot high stucco w 1 wi n the North Ocean Blvd. Corridor. A motion was d y ommi sioner Lyons to approve the construction of - 67 s ft. gats ouse and an 8' high stucco wa1.1_ within North Ocean B1v_ Co ridor Which was seconded by Commissi er 11,tite with al ting AYE. d. LEVEL ARCHITECTUR I'TIR PLAN REVILM to per truction o a two-story British Co i s e single ily dwelling with attache ar and a d ch gate house, a total of 326 are feet d a swimming of with a. C issione ns m to approve the construction o 2-stor British olonial le single family dwelling, an a t ed gar e, a de ched g ehouse, a total of 7,316 sq. ft. with swim ng pool d spa with the eve height on the Nous to ex d subje the following Conditi 1. ny mino difications in the approved ndscaping shall be submitted to the T IV nager for review and approval and any or modifications shall be brought bac o the ARPB for review and approval, prior to commencement of landscaping. 2. Prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection areas shall remain unenclosed as per approval of the Special Exception for as long as the structure is in existence or exceeds the maximum permitted FAR of 7,129 sq. ft. Commissioner White seconded the motion and all voted AYE at roll call. IX. Reports. A. Town Manager 5 Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. 1. Utility Undergrounding Update The Town Manager reported that he had attended a meeting with Danny Brannon, Comcast, AT&T and FPL with regard to FP&L finishing their part of the underground work and the other two moving in to install their portion. He said that Comcast will commence shortly and their work is expected to take 60 to 90 days and AT&T will not commence their work until Comcast has completed theirs. Mr. Dunham said that as Comcast makes connections they do the work insi e a truck, usually at night. They said they are aware of our permit orking hours but advised they could complete the job sooner i e could work at night. The Commissioners gave approval for the ni ork order to expedite the project. 2. Town Hall Addition Progr ss Mr. Dunham reported t e eects o have the project finished in about two weeks, pointi out ha the a ition has been painted and the carpet installed hat area with th andscaping also completed. 3. CIP Acceptance The Town Manager expla d t there was er a formal acceptance of the CIP and taLat while th is o constru ion planned for the first year, 2018 there will e funds needed to cover planning, etc. Inasmuch e dgeting p ess is beginning, he requested that there be a fo al ion to a pt e CIP as presented. Commissioner Orthwein moved t acce he CIP esented and Commissioner Lyon nded th of 'th al oting AYE at roll call. 4. ews enue Ea Staff torney ported this is in progress and he expects to a it on e agend for th June meeting. B. Archite ral view & P n'ng Board Meeti May 2018 A.M. t wa nnounce at there will not be an ARPB meeting May due lac f a quorum. b. Ju 28,2 8 t 8:30 A.M. C. July 6,20 at 8:30 A.M. No Au st eting Septe er 27, 2018 at 8:30 A.M. f. cto 25, 2018 at 8:30 A.M. C. Finance or 1. Finan Report for April 2018 Rebecca Tew, in answer to a question related to the amount of income on our Water Fund investments, explained that in the past year the money market funds with SunTrust Bank have been transferred to certificates of deposit with various other banks that resulted in a large increase that had not been anticipated in the budget. D. Police Chief 1. Activity for April 2018 Chief Allen asked that his report be accepted as submitted as he had nothing additional to report. 6 Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. X. Items for Commission Action. A. Resolutions 1. NO. 18-02; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, DECLARING ZONING IN PROGRESS RELATING TO THE ELIMINATION OF ITEMS CATEGORIZED AS "DISCOURAGED" IN THE GULF STREAM DESIGN MANUAL; REQUIRING THAT NO BUILDING PERMITS BE ISSUD BY THE TOWN DURING THE PERIOD THAT ZON IS IN PROGRESS FOR ANY PROJECT WHICH MAY BE IN C A TION OF ANY PROPOSAL UNDER STUDY; PROVIDING AN E IVE E. The Town Clerk read Resolu n N 18- 2 by title only after which Commissioner Orthwein move to dopt. Commissioner White seconded the motion and all voted AY 2. NO. 18-03; A RESO ON T TOW OMMISSION OF THE TOWN OF GULF ST PALM BEACH COUN FLORIDA, AMENDING THE C UCTION SITE MANAGE T NDBOOK WHICH WAS AUTHORIZ BY DINANCE NO. 9 T ARTICLE IV, RULES AND REGULA ON ECTION 6. S ONTRACTORS, TO INCORIj&RATE SECTIO F ES AND PEN TIES; SECTION 8. WOR URS, TO UP E REFERENCES TO THE CONS TR MAINTENA ACTIVITIES ORDINANCE; SECTION 10. RU AND CRA T CREATE A DESIGNATED STAGING AREA ND ATING A E ESCORT; AND SECTION T TO THE AIN" NCEAC PDA ES ERENCNCE; PROVIDINGTFORTAN AND Resolution an( complain Ordina No. e x7lained the purpose of 0w this addresses many of cts and how it relates to d on this agenda. this the Town C-eX Taylor r d Re ution No. 18-03 by title only. Commissioner Orthwein ed for th adop o of Resolution No. 18-03 and Commissioner White secon the mot n. voted AYE at the roll call. B. OR ANCE NO 18/ , AN ORDINANCE OF THE TOWN COMMISSION OF THE N OF F STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TO COD F ORDINANCES AT CHAPTER 22, NUISANCES, ARTICLE 3, NOIS SION 2, CONSTRUCTION AND MAINTENANCE ACTIVITIES SECTION 8, SAME -REGULATIONS, TO DEFINE PERMITTED ARRIVAL AND DEPAR RE TIME TO PERFORM REGULATED ACTIVITES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (FIRST READING) The Town Clerk read Ordinance No. 18/3 by title only on first reading. Mayor Morgan explained that this further regulates activity on construction sites by establishing the arrival time for workers and deliveries at 8:00 A.M. and establishing the departure time for leaving the site at 5:00 P.M. 7 Minutes of Town Commission Regular Meeting & Public Hearing held May 11, 2018 at 9:00 A.M. Commissioner Orthwein moved to pass Ordinance No. 18/3 on first reading and Commissioner White seconded the motion with all voting AYE. C. Appointment of Regular Member for ARPB. Mayor Morgan pointed out that since Mr. Kent has moved out of Town it is necessary to appoint a member for the ARPB. Commissioner Orthwein said that whoever is appointed must be made aware of the importance of making themselves available for the meetings, reminding that the ARPB will not be meeting in May due toAlack of a quorum. Commissioner Orthwein moved to elevate Alter e ber Jorgette Smith to a Regular Member of the ARPB and the mo was conded by Staff torney Na ro 'd he is"�the process of drafting the Ordinan and cou1 ak�iing s change in the document. Those present were in favor this, ag a it could be discussed further when the ordinance c s before he C ssion for action. XI. Adjournm t. Mayor Mor adj rued the meeting at 10:50 A.M. Rita L. Taylor Town Clerk Commissioner Lyons. All voted AYE at the 1 1. D. Items by Mayor & Commissione s 1. Commissioner Lyons ask e er o the two vacant properties on the beach have beach ess as ents he sees many using the vacant lots for this pu se. Town Manager ham said there is a 10' deeded access easement he south side of th ro rty at 3565 N. Ocean Blvd. Commissioner 0 wei aid there is this type of easement north of the property at 9 Ocean Blvd. it is not on 2929. It was explained at this typ e ement is o y available to those who own propert a deed tha states they have a right to use a specific easement. 2. Commissioner Wh e re led that Kent had spoken at the last meeting removin ny on of utters and also any reference to th for them. omme that shutters are one of the key chara istics a Gul ream B da style and that the color should b a dark ontrast g colo to the body of the house. All of the Commis s ers d Mayor r n were in agreement that these changes ,„not b m Staff torney Na ro 'd he is"�the process of drafting the Ordinan and cou1 ak�iing s change in the document. Those present were in favor this, ag a it could be discussed further when the ordinance c s before he C ssion for action. XI. Adjournm t. Mayor Mor adj rued the meeting at 10:50 A.M. Rita L. Taylor Town Clerk 1IE NIORANDUlI TOAV OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK RITA TAYLOR DATE: June 1, 2018 TO: Mayor and Commissioners RE: Meeting Dates related to Budget 2018/2019 Staff is recommending the following dates that will fit into the schedule of Public Hearing Dates that are scheduled with Palm Beach County and the School Board. July 13, 2018 at 9:00 A.M. Budget Presentation September 14, 2018 at 5:01 P.M. First*Public Hearing Change the time of the Regular Meeting to 4:00 P.M. on this date. September 19, 2018 at 5:01 P.M. Final Public Hearing and Adoption TOWN OF GULF STREAM TOWN COMMISSION REPORT Application #: 017-09 Owner: N. Ocean Capital 2929 B LLC Address: 2929N. Ocean Blvd. Agent: Carlos Linares, Randall Stofft Architects Proposed Improvement: Construction of two-story, single-family dwelling w/attached 3 car garage, detached gate house, pool and spa. Approvals Requested: Special Exception: To permit an additional 220 sq. ft. of covered, unenclosed area that exceeds the maximum permitted Floor Area Ratio of 8,705 sq. ft. Special Exception: To permit the construction of a 488 sq. ft. gate house in the Beachfront Design District. North Ocean Blvd. Overlay District To permit the construction of a 488 sq. ft. gate house and an 8' high stucco wall within the North Ocean Blvd. Corridor. Level III Architectural/Site Plan: To permit the construction of a two story Gulf Stream Bermuda style single family dwelling with an attached 3 -car garage, a detached gate house, a total of 8,925 sq. ft., and a swimming pool and spa. Gross Lot size: 47,847 SF Proposed Total Floor Area: 8,925 SF Zoning District: RS -B Finished Floor: 17' NAVD Issues Considered During Review: Effective Lot Area: 30,524 sq. ft. Allowable: 8,705 sq. ft. Height: 33' Roof Eave Height: 22' 6" (preferred), second story roof - this height has been lowered from the original height of 24' 6" Eave Height: 11' 6" (preferred), one-story portion Section 66-144 Standards: Regarding Level II & Level III architectural/ site plan review Section 70-4 How to use this manual: Regarding Design Standards Section 70-67 Effective lot area Section 70-70 Floor area calculations Section 70-72 Special exception floor ratio (FAR) (b) Roof projections Section 70-74 Setbacks Section 70-75 Special exception setback (f)Accessory gate houses in Beachfront District Town Commission ARPB File #017-09 TC June 8, 2018 Section 70-100 Roof and eave heights Section 70-101 Windows Section 70-187 Table of district standards History: Page 2 1. Original application heard by ARPB on December 28, 2017. The ARPB deferred action on the application to the January 25, 2018 ARPB meeting. 2. At their January 25, 2018 meeting, the ARPB made a motion to recommend approval of a Level III Architectural/ Site Plan to the Town Commission for their February meeting. 3. At the February 9, 2018 Town Commission meeting, the applicant withdrew their application and was directed by the Town Commission to return to the ARPB with a different design and presentation. 4. At the April 25, 2018 ARPB meeting, the applicant presented a plan that included two discouraged items. The ARPB determined that the applicant met the justifications for the first discouraged item (the entry feature height), but did not meet the justifications for the second item (second story eave height). Despite the fact that the eave height for the second story was reduced from a prior application, it was still in the discouraged range. 5. At the May 11 Town Commission meeting there was once again considerable discussion regarding height, mass, windows and style of the house. Mr. Linares committed to lowering the eave height for the second floor into the preferred range. The Town Commission voted to defer the item until the next meeting so that Mr. Linares can address recommended changes and meet with the staff. Motions: Motion to recommend approval of a special exception to allow 220 sq. ft. of covered, unenclosed area that exceeds the maximum permitted Floor Area Ratio. Motion to recommend approval of a special exception to allow the construction of a 488 sq. ft. gate house in the Beachfront Design District. Motion to recommend approval to allow the construction of a 488 sq. ft. gate house and an 8' high stucco wall within the North Ocean Blvd. Corridor. Motion to recommend approval of a Level III Architectural/ Site Plan based on a finding that the proposed construction of a Gulf Stream Bermuda style, two-story, single family dwelling with an attached three car garage consisting 8,925 sq. ft., a detached gate house, and swimming pool and spa meets the minimum intent of the Design Manual and applicable review standards with the following conditions: 1. Prior to the issuance of a certificate of occupancy, the owner of the property shall prepare and record a deed restriction which shall provide that all roof projection areas shall remain unenclosed as per approval of the special exception for as long as the structure is in existence or exceeds the maximum FAR. 2. Any minor modifications in the existing landscaping shall be submitted to the Town Manager for review and approval and any major modifications shall be brought back to the ARPB for review and approval, prior to commencement of landscaping. Town Commission ARPB File #017-09 TC June 8, 2018 ARPB Date: December 28, 2017 Action: Action deferred to ARPB Meeting of January 25, 2018. (5-0 ) Page 3 ARPB Date: January 25, 2018 Action: Special Exception #1: Recommend approval. (5-0) Special Exception #2: Recommend approval. (5-0) Construction Within North Ocean Blvd. Corridor: Recommend approval. (5-0) Level III Architectural/ Site Plan: Recommend approval. (5-0) TC Date: February 9, 2018 Action: Special Exception #1: Special Exception #2: Construction Within North Ocean Blvd. Corridor: Level III Architectural/ Site Plan: After a brief discussion, this application was withdrawn and the applicant was directed to re -submit a different design and presentation through the ARPB. ARPB Date: April 25, 2018 Action: Special Exception #1: Recommend Approval. (5-0) Special Exception #2: Recommend Approval. (5-0) Construction within North Ocean Blvd. Corridor: Recommend Approval. (5-0) Level III Architectural/ Site Plan: Recommend Denial. (5-0) Did not justify second discouraged Item, height of second floor eave height. TC Date: May 11, 2018 Action: Special Exception #1: Special Exception #2: Construction Within North Ocean Blvd. Corridor: Level III Architectural/ Site Plan: Town Commission voted to defer the item to the June meeting so that Mr. Linares can address comments made by the Town Commission and for Mr. Linares to meet with the Town staff. TC DATE: June 8, 2018 Action: Special Exception #1: Special Exception #2: Construction Within North Ocean Blvd. Corridor: Level III Architectural/ Site Plan: Town Commission ARPB File #017-09 TC June 8, 2018 ARPB Date: December 28, 2017 Action: Action deferred to ARPB Meeting of January 25, 2018. (5-0 ) Page 3 ARPB Date: January 25, 2018 Action: Special Exception #1: Recommend approval. (5-0) Special Exception #2: Recommend approval. (5-0) Construction Within North Ocean Blvd. Corridor: Recommend approval. (5-0) Level III Architectural/ Site Plan: Recommend approval. (5-0) TC Date: February 9, 2018 Action: Special Exception #1: Special Exception #2: Construction Within North Ocean Blvd. Corridor: Level III Architectural/ Site Plan: After a brief discussion, this application was withdrawn and the applicant was directed to re -submit a different design and presentation through the ARPB. ARPB Date: April 25, 2018 Action: Special Exception #1: Recommend Approval. (5-0) Special Exception #2: Recommend Approval. (5-0) Construction within North Ocean Blvd. Corridor: Recommend Approval. (5-0) Level III Architectural/ Site Plan: Recommend Denial. (5-0) Did not justify second discouraged Item, height of second floor eave height. TC Date: May 11, 2018 Action: Special Exception #1: Special Exception #2: Construction Within North Ocean Blvd. Corridor: Level III Architectural/ Site Plan: Town Commission voted to defer the item to the June meeting so that Mr. Linares can address comments made by the Town Commission and for Mr. Linares to meet with the Town staff. 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Vll U1NGIU:MrMYna`I M1pU A:N)1 dwp. 2; 1/1111(1 t7 SI13I'M R Thi i oil R -1c m r - m o z ON Z , m 0 C C/) m -n x 0 z m r - m 0 z 1111111111AANDALL STOFFT ARC111TECTS distinctive. inspirational. architecture. -mm bmmmmmm 4; N SWINION AVI , DH I!Al RFA. 11. Il ;MH4 ',.! '41 pY; . NAN IS 1:1 Ifi) '1,' \V%VWjSj()j;[-j 9 I I I V1 SITE PLAN REVIEW SUBMITTAL 12-01-17 MIMI" 01 CUSTOM RESIDENCE 2929 NORTH OCEAN BLVD. GULFSTREAM, FLORIDA ag Y Z,!,,yProjcftVRE S1 DENTIAL11 707089t) -2929N OC EAN - US C ONSTIShWRWFAR I NA A301 r 9, 122018102905 AM cl > cn M m > -n m 0 m < > m m < ■ z SITE PLAN REVIEW SUBMITTAL 03-26-18 ojm z �° P7 7- cl > cn M m > -n m 0 m < > m m < ■ z SITE PLAN REVIEW SUBMITTAL 03-26-18 AIEi1IOR-A DUII TO`Vl\ OF GULF STREAM, FLORIDA OFFICE OF THE TOWN CLERK RITA TAYLOR DATE: June 2, 2018 TO: Mayor & Commissioners RE: 2929 N. Ocean Blvd. These are copies of previous presentations that were not approved and are only being provided for your reference. INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER GREGORY L. DUNHAM DATE: 06/01/2018 TO: Mayor Morgan and Town Commissioners RE: Recommendation for bid Digital Printer/Copier/Scanner/Fax The lease on the Town Hall Xerox copy machine expires on June 30, 2018. The copier has been in use since July 1, 2013. Rather than renew a lease on an otherwise outdated copy machine, the staff solicited recommendations from Konica Minolta that has products on the State of Florida Statewide Contract for Multifunctional Copiers, Service & Supplies. The staff is recommending to lease a new Konica Minolta copy machine that will utilize new technology and features to increase productivity, all while reducing copy production costs for Town Hall. For example, the lease would be a 36 -month lease with a monthly cost that is $180.00 less than the rate we pay now. Also, the price per copy of both black and white and color printing will be cut in half. 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WaterUsage Chart Analysis..................................................................... BI -MONTHLY USE YTD % CHANGE YTD % CHANC (In Thousands of Gallons) YTD EACH FROM PREVIOUS FROM BASE CONSUMER/YEAR OCT-NOV DEC -JAN FEB -MAR APR -MAY JUN-JUL AUG -SEP YEAR/SEP YEAR YEAR Non -Residential 1998-1999 2055 2424 2509 2793 2545 1920 14246 2.63% 2.63% 1999-2000 2340 2212 3085 2499 2368 2505 15009 5.36% 8.13% 2000-2001 2587 3239 2034 2044 1639 1926 13469 -10.26% -2.97% 2001-2002 2493 2781 2990 4966 3745 4251 21226 57.59% 52.91% 2003-2004 2554 2377 2528 2486 2716 1909 14570 -39.94% 4.96% 200.4-2005:5::... .. I31:9 ... . 12.48. 854 ::. :85D :::::1:529:. . :::: $87: 6297 -56.78% 54 64 q 2005-2006 768 731 838 870 830 736 4773 -24.20% -65.61 % 2006=2002 :::::..::.:.:.:::::::::.:.::::$75::::::::: . . . . . ..... 3917::::::::::::3794:::::::::::::::3fiO3 ::>::::::3 23::: >::: 2590 : 6570 37.65% =52:fiZ°!d 2007-2008. 1991 2323 1744 213,401,111-1873 1477 1756 12027 83.06% -13.36% 200&2009 ::::::::: ': 19662752::::: .:2526 2$Z2:.: >:::::2551 .: >02$9: : 2b06 19-14; 14061 16.91 % 1.30b/o 2009-2010 2767 2875 3047 2627 2833 2847 16996 20.87% 22.44% 2010 2011 :::::::::::::::::::::.::.:.::: ?8d6 :::::2875:-.': ' `'?::31a9:.:.>:.:.: 3113 :...::2558 2329. : 16840 2.86% 21:32"% 2011-2012 2508 2780 3311 3002 1879 1852 15332 -11.88% 10.45% 2Q1:2�2Q1 : *•::3268 .... 3265 •:3:::::::::::::::: 1. 11569 -36.60! ...... . 16:56% 2013-2014 1804 2013 2290 2167 2394 1676 12344 13.46% -11.07% 201:4;2015 ::::::::::::::::1742 : :1509:::::::2390::::: 1251:7 -3.44% -9:83% 20 15-2016 2264 2208 3 505 2031 2776 2153 14937 29.97% 7.61 2002-2003 9.:::1a?98 :::::::::::2213:::::::::.': 24128 1998:::::.871.:::.::1468:: 29849 31167 .:: 11447 -2.87% =17:53.% 2017-2018 2239 2076 2117 1939 8371 1.82% -39.69% 2003-2004 5111 5789 5692 4804 5159 3947 30502 1.43% 22.08% 2004=2085 5» .......:..... .... M $ >::::::: 4928>:`. :4707 3rt57...:_ 4:366 26624 : -12.71% 2005-2006 3657 6410 4995 4595 4010 3034 26701 0.29% 6.87% 2'006=2007': »>:::::::::::;>5>:::': 507.6:::::::::::::5326::::::::;i::::4372.':::;:::::::::::3784:::::::::: 2294::: »::: 2549 23401 12.36°l0 2007-2008 3365 3867 3214 3890 3063 3306 20705 -11.52% -17.13% 2008=2009::;:::::> :::::::::::::32:::4172:::::::: 4347::::384:'1869::::? . 543::: 22094 6.71010::1.57b10 2009-2010 4177 4843 4290 3326 5402 4014 26052 17.91% 4.27% 2.1:0 20:..:.:...:.:.:.:.:.:.:.:...:.:.4IDO::::::::::: 3917::::::::::::3794:::::::::::::::3fiO3 ::>::::::3 23::: >::: 2590 : 21157 0 .. 18.79 /0 ........... o. ::.:.:.:.:.:::.:1:5;32 /o 2011-2012 2755 3285 3996 3059 1477 2541 17113 -19.11% -31.51% 2Q72�20:13 2449 .::: .:2526 5:27705:... .: >02$9: <?35$3: >: 34. S.::: 17529 2,43% _29:84°fo 2013-2014 4095 3650 5434 4359 6764 6058 30360 73.20% 21.51% ?0142015::::::.:»:.:::::::::::::::8... .::::7274::::::::::::0280......:::::7942 : 50194 65.33% 90% 2015-2016 10096 2693 2721 3287 2896 3958 25651 61.15% 2.67% 201:............ :`... *•::3268 .... 3265 :::::::::3 31:18:: 19686. -23.25% : =21x21°1u 2017-2018 3374 3359 3888 3660 14281 -27.46% -42.84% Single Family Homes 20012002?>::::>::::::::>::>::::2559:::9::;:26 ;:;::36975::::>..23064::::::;:;:::27824::: 169741 13.54% 2002-2003 35071 24089 24128 30384 29849 31167 174688 2.91% 2003-2004:.,:::::::27515:.: >:::::::30240::::::::::::5321:07: 5.'.':3949fi:::5:"::28382: :: .: 188926 8.15°1a :::.: 12:67% 2004-2005 32413 33996 31794 33735 31363 38497 201798 6.81% 20.35% 2gg5�2006 : >; 7156::::::33 t3$:: 3$(85::::35513:::::::::::29935::: 196559 .2.60% :::.47:•.23%0: 2006-2007 38690 3333332246 30716 17384 23790 176159 -10.38% 5.06% 23747 :::26023:::: ':: 1081:::::::::::2901 »:: >25234:< >::: `2.5202 : 150903 -14.34%::? ..... 1.0:00°!0 2008-2009 23738 29807 31867 31036 24808 26862 168118 11.41% 0.260,o 20t.9=2010 ::::::::::::: 32994::::::::::23531:::::::::`:::23224>::':::::::23892:::::::::348 3::::::::::::32286: 170599 1.48%:1:74% 2010-2011 33571 26758 29254 32047 27142 25869 174641 1.75% 4.16% 201;1=2012 :::::::499:::5::::3:::27967»:::::::::26319:>: 2:1:109:;::::::::::23755;: 144695 -32.986l0T06 2012-2013 24994 ............... 32072 26250 27949 23455 23385 158105 11.09% -5.71% 2Q93:2014:::> 24$24::::::: 2642G .::: 2884322334: 158673 6.23% ...... >:y5;3%% 2014-2015 23988 26103 22099 25617 27687 22936 148430 -9.65% -11.48% 2$..... :::: >25578 24...... .:.:.:.:.29725 33515 175664 20.78°To ........ > »>4:77% 2016-2017 33182 28758 30529 34067 34082 32980 193598 14.53% 15.46% .........x::: >:::::::::::::::'27019::::::::::2X787:::::::31253:::::::33041: >::::::..... :::::::: 116100 -18.57% Total G/S Meters 2003-2004 38851 35681 38460 39397 47371 34238 233998 2.18% 13.29% 2004200.5 :::::::.....::::::::.:37.980. ....40067.....5:37576::::::.39282..... 49::....43760: 234719 0.31% :64°/p 2005-2006 31581 40279 37929 44180 40359 33705 228033 -2.85% 10.41% 2008=2007 ::::::::::::::::::::•' ::44741' :: 3555::?:::::::: 35044:::. '21028 ''' : .::28212 :: 206130 ::-0:20°fo 2007-2008 29103 32213 26639 35246 30170 30264 183635 -10.91% _ ... _ ......._ 11.09 . /% o 2a0$-'1009 :>:::::::::5'1$9265::::::::: 3573239106:27:96$3 :<'3241g : 204293 2009-2010 399.3.8 31249 30561 29845 42908 39146 213647 4.58% 3.44% 2Qi:0;201:1:::::::::::'::::.'•.'::8051:7:::::: 33580:::::':36167::::::38763::::::32823::':::::::30788:: 212638 1.45%::::::: »>:::::2:95"/u 2011-2012 27762 29411 34974 32380 24465 28148 177140 -31.48% _14.23% ::<79a27... :356`21...::::30599'29Q`N6 ::::28:757: 187243 4.56% ".. • • • •'•$ 307°(0 ......... 2013-2014 32450 35358 34548 32952 36001 30068 201377 11.79% -2.50% . .....015 31995:>: 36657:.,::::: '32982::::. :39365::: .40360::::.:::::33031 214376 :1.40% ..::::::.::::.3::79°!a 2015-2016 41332 30479 31019 35805 39187 40183 218005 29.18% .......... 5 ° .5 /o 5 ?01:6_ 1:7::: ?: >?>... 39994: ' 34391::: 'S' '311700{:::.:.:,:..39940::::::::::30$0.1 ::::.:::::38313 229130: 25.00% 2017-2018 33232 30534 37767 39409 140942 -19.60% _31.76% W Ol I -A 100 A A w N N o A O 00 v W l0 Ol OLn W Ul O 00 W 000 o F' to Ul w LAJ N 00 W W A O rn In O 00 Ln K 0 *--i(A W A 00 01 O �! 00 00 N N 14 A O o0 0 � A v N V N N Ul 0 tD N rD c� ar o N A N LO A N W 0 Ol Uhl O 00 N tD 0 W N W w W lu 3 o_ Gl O 00 OW W W 00 c n N w 00 O N V ON O 00 rn � � A tin N 0 O Ul 00 = Mc ro rD 3 N 00 00 N W W Ul O 00 � N Lrl 0 � 00 a) O '° 00 N Ul I-' r° Ol LAJ 00 N Ln o m W N A NO _ U'I ll rD n v Ul Ul O 00 p bo 0 1.01 rD W O Ln LD w W W UA'I 00 00 rD 00 q, o Ln Ul rn FO O Ul A 3 ro 4�- A A A A 0 r NO cu G1 Gl o Ln 0 co o <: o < m Ln UI h C' n o v o 00 R Lri a �. 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Activity Report From 5/1/2018 Through 5/31/2018 Activi Count ALARMS 12 ANIMAL COMPLAINT I ASSIST OTHER DEPARTMENT 20 ATTEMPTED BURGLARY I DIRECTED PATROL 138 DISPATCH ERROR 2 FOUND PROPERTY I INFORMATION I POLICE SERVICE 2 SUSPICIOUS INCIDENT 11 SUSPICIOUS PERSON 3 SUSPICIOUS VEHICLE 1 TOWN ORDINANCE VIOLATION 42 TRAFFIC COMPLAINT 3 TRAFFIC CONTACTS 117 vy►.FMW Gulf Stream Police Department N F`A' Activity Report From 5/1/2017 Through 5/31/2017 Activity Count ALARMS 19 ASSIST OTHER DEPARTMENT 14 DIRECTED PATROL 136 DISTURBANCE 2 IDENIITY THEFT 3 LOST PROPERTY 1 MOTOR ASSIST 2 POLICE SERVICE 16 SUSPICIOUS INCIDENT I SUSPICIOUS PERSON 4 SUSPICIOUS VEHICLE 1 THEFT (GRAND) 1 THEFT (GRAND) MOTOR VEHICLE I THEFT (PETIT) I THEFT FROM MOTOR VEHICLE 1 TOWN ORDINANCE VIOLATION 9 TOWN ORDINANCE VIOLATION (DOG) I TRAFFIC COMPLAINT 5 TRAFFIC CRASH 2 UNATTENDED DEATH I TRAFFIC CONTACTS 105 ORDINANCE NO. 18 / 3 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN CODE OF ORDINANCES AT CHAPTER 22, NUISANCES, ARTICLE 3, NOISE, DIVISION 2, CONSTRUCTION AND MAINTENANCE ACTIVITIES, SECTION 22-68, SAME—REGULATIONS, TO DEFINE PERMITTED ARRIVAL AND DEPARTURE TIME TO PERFORM REGULATED ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS Section 1. The Code of Ordinances of the Town of Gulf Stream is hereby amended at Chapter 22, Nuisances; Article 3, Noise; Division 2, Construction and Maintenance Activities; Section 22-68, Same—Regulations to read as follows: Sec. 22-68. _ Same—Regulations. (a) During the period beginning on May 1 and ending on December 1, regulated activities may be conducted only on non -holiday weekdays and Saturdays during the hours of 8:00 a.m. to 5:00 p.m. (b) During the period beginning on December 1 and ending on May 1, regulated activities may be conducted only on non - holiday weekdays during the hours of 8:00 a.m. to 5:00 p.m.; and on non -holiday Saturdays during the same hours if the activities are conducted in a fully enclosed structure or building such that noise, dust, odors, vibrations, bright lights, or similar effects from such activities are not detectable from other properties. (c) Arrival to a work site to perform regulated activities shall be no earlier than 8:00 a.m. and departure no later than 5:00 p.m. (d) All regulated activities are prohibited on the following federal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Section 2. Severability If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on the first reading this 11th day of May 20 18 , and for a second and final reading on this day of 20 ATTEST: TOWN CLERK 2 MAYOR VICE MAYOR COMMISSIONER COMMISSIONER COMMISSIONER TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Memo To: Rita Taylor, Town Clerk From: Edward Nazzaro, Staff Attorney Re: Lien Search Fee rate and Resolution Date: May 31, 2018 Rita, We have discussed the Town of Gulf Stream's lien search fee, which at $10 per request is possibly the lowest in Palm Beach County. In that connection, I have provided you with a resolution for the upcoming agenda. The fee I propose is a flat $75 for each request, with no option to expedite. In making this recommendation, I spoke with Town Attorney Randolph, who asked that the Town (a) charge what it costs the Town to perform the search so as to not make a profit; and (b) spend time researching other communities' lien search fees so that the proposed fee withstands scrutiny. In speaking to you, you have indicated an average lien search takes you one hour to perform. Therefore, a fee of $75 is in line with the labor cost associated with fulfilling a request. Other Palm Beach County municipalities have established the following fees: Munici ali Lien Search Fee Standard/Ex edited Boca Raton $125/$300 (24 hours) Boynton Beach $115/ N/A. Delray Beach $65/$100 (3 business days) Greenacres $50/$100 (1 business day) Highland Beach $150/ N/A Jupiter $25/ N/A Lake Worth $110/$220 (2 business days) North Palm Beach $20/ N/A Palm Beach $35/$100 (24 hours)' West Palm Beach $115/ N/A If you have any questions, please let me know. ' The Town of Palm Beach has indicated that it will be increasing its lien search fees starting FY 18-19. Its current fee was established in 2003. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Memo To: Rita Taylor, Town Clerk From: Edward Nazzaro, Staff Attorney Re: Lien Search Fee rate and Resolution Date: May 31, 2018 Rita, We have discussed the Town of Gulf Stream's lien search fee, which at $10 per request is possibly the lowest in Palm Beach County. In that connection, I have provided you with a resolution for the upcoming agenda. The fee I propose is a flat $75 for each request, with no option to expedite. In making this recommendation, I spoke with Town Attorney Randolph, who asked that the Town (a) charge what it costs the Town to perform the search so as to not make a profit; and (b) spend time researching other communities' lien search fees so that the proposed fee withstands scrutiny. In speaking to you, you have indicated an average lien search takes you one hour to perform. Therefore, a fee of $75 is in line with the labor cost associated with fulfilling a request. Other Palm Beach County municipalities have established the following fees: Municipality ( Lien Search Fee Standard/Ex edited Boca Raton $125/$300 (24 hours) Boynton Beach $115/ N/A. Delray Beach $65/$100 (3 business days) Greenacres $50/$100 (1 business day) Highland Beach $150/ N/A Jupiter $25/ N/A Lake Worth $110/$220 (2 business days) North Palm Beach $20/ N/A Palm Beach $35/$100 (24 hours) West Palm Beach $115/ N/A If you have any questions, please let me know. 1 The Town of Palm Beach has indicated that it will be increasing its lien search fees starting FY 18-19. Its current fee was established in 2003. CARNEY STANTON P.L. Attorneys At Law Walter J. Stanton III (J.D.) 4000 Ponce de Leon Blvd., Suite 470 Also admitted in the District of Columbia Coral Gables, Florida 33146 TEL: (305) 777-0261 Thomas F. Carney, Jr. (J.D., LLM Taxation) FAX: (305) 777-0449 Also admitted in Massachusetts stanton@carneystanton.com Peter H. Carney (J.D., LLM Banking) Also admitted in New Hampshire and Massachusetts June 1, 2018 Town Council Town of Gulf Stream 100 Sea Road Gulf Stream, FL RE: Unity of Title 4001 North Ocean Blvd., Units 103 & 104 Gulf Stream; FL 33483 To the Council, 135 S.E.51 Avenue, Suite 202 Delray Beach, Florida 33483 TEL: (561) 278-5565 FAX: (561) 330-8334 Direct Dial: 561-715-0305 tfcna.carnevstanton. com phc@cameystanton.com My clients, David Klein and Janine Schue, respectfully request the Town of Gulf Stream grants their request to combine the two above -referenced units at 40.01 North Ocean Blvd., Gulf Stream, FL 33483. In your packet, you will see that an agreement has been struck with 4001 North Ocean Condominium Association allowing them to combine their units according to the approved plans and specifications contained in the Agreement. and Covenant to Ron with the Land (attached). Should you have any questions, feel free to contactme. 'ncerely, Peter H. Carney, Esq. Prepared By and Record and Return to: Peter H. Carney, Esq. Carney Stanton P.L. 135 SE 5a' Avenue, Ste. 202 Delray Beach, Florida 33483 DECLARATION OF UNITY OF TITLE . KNOW ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the Town of Gulf Stream pertaining to the issuance of building permits and regulating building construc- tion activities, the undersigned, being the fee owner of the following described real property situated in the Town of Gulf Stream, County of Palm Beach, State of Florida, to -wit: Parcel 1: The Condominium Parcel known as Units 103, of 4001 North Ocean Condominium ("Condominium") according to the Declaration of Condominium ("Declaration") thereof, as originally recorded in Official Records Book 25820 at Page 463 of the Public Records of Palm Beach County, Florida; Parcel 2: The Condominium Parcels known as Unit 104, of 4001 North Ocean Condominium ("Condominium") according to the Declaration of Condominium ("Declaration") thereof, as originally recorded in Official Records Book 25820 at Page 463 of the Public Records of Palm Beach County, Florida; do hereby make the following declarations of condition, limitation and restriction on said lands, hereinafter to be known and. referred to as a Declaration of Unity of Title, as to the following particulars: That the aforesaid plot of combination of separate lots, plots, parcels, acreage or portions thereof, shall hereinafter be regarded and is hereby declared to be unified under one title as an indivisible building site. 2. That the said property shall henceforth be considered as one plat or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety as one plot or parcel of land. The undersigned further agree(s) that this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, their heirs, successors and assigns, and all parties claiming under until such time as the same may be released in writing under the order of the Chief Building Official of the Town of Gulf Stream as provided in Section 70-69 of the Land Development Regulations of the Code of Ordinances of the Town of Gulf Stream, Florida. If the release is not given by the Chief Building Official, an appeal from such determination may be taken to the Board of Adjustment. The undersigned also agree(s) that this instrument shall be placed of record in the office of the Clerk of the Circuit Court of Palm Beach County, Florida. ' Signed, sealed, witnessed and acknowledged this 1st day of June, 2018, at /c -es i'p , New York. OWNER(S) WITNESSES: David K ein (Print or Type Name) (Print br Type Name) ll.�tJ J Janirig Schue (Print or Type Name) / (Print or Type Name) STATE OF NEW YORK COUNTY OF MC)N(-p 5 The foregoing instrument was acknowledged before me this IS�- day of June 1, 2018, by David Klein and Janine Schue, Husband and Wife, who is personally known to me or has produced W DPVU?,j U (((,cam` (type of identific tion) as identification. ERIN W. SMITH Signature of Person Taking Acknowledgment Nota P bi' ry u tc, State of New York No. 02SM6323008 Qualified in Monroe County My Commission Expires April 13,. -Aly el/tvl w. SMiI Name Typed, Printed or Stamped AGREEMENT AND COVENANT TO RUN WITH THE LAND THIS AGREEMENT AND COVENANT ("Agreement'), made and entered into this li 'r ' day of W.! , 20 /0, by and between 4001 NORTH OCEAN CONDOMINIUM ASSOCIATION, INC., hereinafter called "Association", and hereinafter called "Owner", being record titleholder of: The Condominium Parcels known as Units 103 and 104, of 4001 North Ocean Condominium ("Condominium") according to the Declaration of Condominium ("Declaration") thereof, as originally recorded in Official Records Book 25820 at Page 463 of the Public Records of Palm Beach County, Florida (hereinafter the "Units"); and WHEREAS, Association is the entity responsible for the operation and administration of the Condominium; and WHEREAS, Owner has requested permission to alter the Units and the Common Elements of the Condominium; and WHEREAS, the parties hereby agree that the Association will permit and hereby approves the requested alteration, as described in Exhibit A hereto, in consideration of this Agreement and pursuant to Section 9.1 of the Declaration. NOW, THEREFORE, in consideration of the agreements set forth herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1) The foregoing recitals are true and correct, including the receipt of the consideration. 2) Owner agrees to install the alteration in strict accordance with the plans and specifications attached hereto and incorporated herein as Exhibit A. Notwithstanding the combining of the Units, the Units shall remain two (2) Units for all purposes under the governing documents of the Condominium. Should Owner sell or otherwise transfer title to the Units, they may be transferred in their combined state, subject to the terms hereof, or restored to their original configuration and boundaries, as set forth in the governing documents of the Condominium. 3) Owner assumes all responsibility for procuring, buying and/or obtaining all Page 1 of 5 ACTIVE: F20747j356714:10938783 2 necessary permits, and for adherence to any and all other procedures by all City, County, State or other governmental entities. 4) Owner agrees that the installation, maintenance, repair and replacement of the alteration shall be performed by licensed and insured contractors, maintaining worker's compensation insurance in an amount not less than statutorily required and liability insurance of not less than $1,000,000.00 per occurrence for bodily injury and/or property damage. If Owner fails to install and maintain the alteration as required herein, the Association shall notify the Owner in writing. Owner shall then have thirty (30) days within which to comply, failing which, the Association may provide such maintenance or remove the alteration, in the discretion of the Board of Directors of the Association, and all costs associated therewith shall be enforceable as provided in Paragraph 6 hereof. 5) Owner agrees to indemnify, defend and hold harmless Association and the individual officers, directors and members of Association from any claims, actions, costs or expenses whatsoever, including but not limited to reasonable attorney's fees and costs (whether said costs and fees are trial or appellate), arising out of or because of the installation of the alteration, including any claim challenging the authority of the Association to permit the alteration to remain under the terms of this Agreement. If any such claim is adjudicated by a tribunal with appropriate jurisdiction to conclude that the alteration cannot lawfully remain, Owner shall be obligated to remove the alteration and restore the affected portions of the Units and the Common Elements within thirty (30) days after written notice from the Association, failing which, Association may perform such work and Owner shall be liable for all costs associated therewith. 6) Owner agrees that as security for the payment to Association of any costs or expenses owed by Owner to Association pursuant to applicable law and/or this Agreement, Association shall have a lien on Owner's Units, for said costs or expenses which are to be considered an assessment against Owner's Unit, together with interest at the maximum rate as allowed by law and reasonable attorney's fees and costs (whether said costs and fees are. trial or appellate) incurred by Association incidental to the collection of costs or expenses owed Owner to Association. The lien rights herein established shall be as set forth in the Declaration for unpaid assessments. 7) Owner agrees to be responsible for any damage to the Condominium Property Page 2of5 ACTIVE: F20747,356714:10938783_2 or the property of others which is caused as a result of the installation of the alteration. If Owner fails to repair or restore such damage upon written demand, Association may do so and assess the costs and expenses incurred against Owner and the Units, which shall be enforceable as provided in paragraph 6 hereof. 8) The provisions of this Agreement shall constitute covenants running with the land and shall be at all times binding upon the parties hereto and their respective grantees, heirs and assigns, and shall be a condition implied in any conveyance or other instrument affecting title of the Units. This Covenant shall bind and run with the Units and shall inure to the benefit of and be enforceable by Association and Owner, as well as their respective legal representatives, heirs, transferees, successors and assigns, unless and until an instrument signed by Association and Owner, or their respective legal representatives, heirs, transferees, successors or assigns, is recorded in the Public Records agreeing to change or terminate this Agreement or any provision hereof. 9) Owner will be responsible for reasonable attorney's fees and costs incurred by Association in enforcing any provisions of this Agreement or otherwise related to any dispute related to this Agreement, including, but not limited to fees and costs incurred in any appeals. 10) The parties hereto agree that nothing in this Agreement shall be construed or interpreted so as to be in conflict with, or to amend or modify the provisions of the Declaration of Condominium, the exhibits thereto and/or the Rules and Regulations of Association. 11) Upon execution, this Agreement shall be recorded at the expense of Owner. [Signature Page to Follow] Page 3 of 5 ACTIVE: F20747/356714:109387832 IN WITNESS WHEREOF, Owner and Association have caused this Agreement to be executed and signed the day and year first set forth above. WITNESSES: �i..... �.. MORMONS 04 STATE OF Ft=6� O' `J yOOC COUNTY OF - ry1oNpj-,�: The foregoing instrument was acknowledged before me this 30` day of GIM "20 1 z-), by VWIN/IF S ' a t rl , who is personally known to ine or has producedV USie,(ti s identification and who did/did not take an oath. ERIN W. SMITH Notary Public, State of New Ya* (SEAL) No. 0in M 8 NOTARY PUBLIC SIGNATURE Qualified in MonroenroeCounty My Commission Expires April 13, AIM STATE OF FLORIDA AT LARGE My commission expires` r Vf Gv t✓1 V\/�(� l PLEASE PRINT OR TYPE NOTARY SIGNATURE WITNESSES: 4001 NORTH OCEAN CONDOMINIUM ASSOCIATION, INC. President ATTEST: Secretary (SEAL) [Notary to follow] Page 4 of 5 ACTIVE: F20747356714:10938783 2 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 20 , by President, 4001 North behalf of day of , the and the Secretary, of Ocean Condominium Association, Inc., a Florida not-for-profit corporation, on the corporation, who are personally known to me or have produced as identification and who did/did not take an oath. My Commission Expires: NOTARY PUBLIC SIGNATURE STATE OF FLORIDA AT LARGE PLEASE PRINT OR TYPE NOTARY SIGNATURE Page 5 of 5 ACTIVE: F20747/35671'4:109387832 (SEAL) IN WITNESS WHEREOF, Owner and Association have caused be executed and signed the day and this Agreement to year first- set forth above, WITNESSES: STATE OF Ft:e� COUNTY OF The foregoing instrument was acknowledged before me this �e or �h.,. 20 11b b known to --------- . day of known to e or has pro�uc�_dN� L who is personally take an oath. U s identification and who did/did not ERIN W. SMITH NotW Public- State of Now Yak No. 02SM6323008 Qualified in Monroe County —N ------(SEAL) My Commission Expires April 13. ;hlCf NOTARY PUBLIC SIGNATURE STATE OF FLORIDA AT LARGE My commission expires: E—V - t11 VN'/ &I (-L--) PLEASE PRINT OR TYPE NOTARY SIGNATURE WITNESSES: 4001 NORTH OCEAN CONDOMINIUM ASSOCIP�ION, INC. 13Y ATTEST: Secretary__ (SEAL) lNotary to followj ACTIVE: P20747,356714:109387832 Page 4 of 5 4001 NORTH OCEAN ARCHITECTURAL MODIFICATION APPLICATION FORM Please return this form to: Attn: Melissa Braden, LCAM 4001 North Ocean Boulevard Gulf Stream, FL 33483 Email:4001northoceanpm@fsresidential.com Fax: 561-331-2919 DATE: (� Unit #:1© U UNIT OWNER (APPLICANT): TELEPHONE #: (HOME) (WORK) (CELL) TYPE OF MODIFICATION BEING REQUESTED (Please describe in detail work to be performed, include material, color, size/dimensions or areas involved. Use separate sheet if necessary.): Please refer to Declaration of Condominium/Covenants Section C?14� ---s ou �� ld t 1dy c` ��9- )03 Ck f2!re c: , ��S r -A lc ek- K, za4---) ' 4.1, r O....y, ('bo✓h �} �`I.�0' �a�►��Y Rloru`I COc�V.rT k—(0vr.ol{y trloV 49' e—LtKO"'� `��a►l ARCHITECT'S PLANS & DRAWINGS AND/OR MATERIAL SPECIFICATIONS MUST BE ATTACHED BEFORE APPLICATION WILL BE CONSIDERED. COPIES OF CONTRACTORS' CURRENT CERTIFICATE OF INSURANCE AND LICENSE. UPON ASSOCIATION APPROVAL BUILDING PERMITS FROM THE TOWN OF GULFSTREAM AND CONSTRUCTION IMPROVEMENT DEPOSIT OF $500.00 (IF REQUIRED) MUST BE PROVIDED PRIOR TO COMMENCING WORK. I / We hereby make application to 4001 NORTH OCEAN CONDOMINIUM ASSOCIATION, INC. for the above described item to be approved in writing. I / We understand and acknowledge that approval of this request must be granted before work on the modification may commence and that if modification / installation is done without the approval of the Association, the Association may force the removal of the modification/ installation and subsequent restoration to original form at my expense. All contractors are responsible for removal of debris as a result of improvements. Upon approval, remember to schedule with the nagem nt office in advance for the installation date(s). ( r Applicant: r Date: I z01 Applicant: Date: Below Section for Office Use Only CJ(X� SC0o� APPLICAAPPROVED � �- CHC{,t�( �i APPLICATION DENIED 7 /7 /9E Date: SE_A-'r._.-__-iATE CONSTRUCTION GROUP Demolition • Per sheet A101. • Existing 1 hour tenant separation wall is assumed to be frame and drywall NOT concrete block. • Coring may be required for new kitchen layout if existing core locations to not work. When we met on site we could see what looked like 2 core locations that had been previously filled. The hope is to knock out these patches for the new kitchen layout. If this works with the new layout then then we would not need to core any new holes in the slab. Prior to knocking out old patches or coring any new holes this will be reviewed on site with the management office. Photos documentation will also be provided after the site review. Unit 103 o Remove all common area tile. o Remove tile from master bedroom, laundry room and powder room. o Remove wood floor from Family / Media room. o Carpet in bedrooms to remain. o Tile in bathrooms to remain. o Kitchen refrigerator to be saved. o Remove master bedroom doors. o Remove ceiling fans. Unit 104 This door will remain as is from the exterior side. It will be covered with drywall from the interior side only. o Removal all carpet. o Remove tile from common areas, master bedroom, laundry room and powder room. o Tile to remain in all guest bathroom. o Master bathroom tile to remain. o Wall paper removal is included in the paint scope and pricing. Shell Construction • There are is no structural work required per plans. ' • Patch existing slab penetrations where unit 104's powder room is being deleted and possible existing kitchen penetrations that will no longer be used. • Prior to knocking out old patches or coring any new holes this will be reviewed on site with the management office. Photos documentation will also be provided after the site review. Waterproofing & Fireproofing Seagate Construction Group 601 N. Congress Ave Suite 114 Phone: (561) 266-9910 Delray Beach, FL 33445 Fax: (561) 266-2815 www.seagateeg.com SEAriaATE CONSTRUCTION GROUP • Fire proof slab penetrations using architect detail that meets local codes and fill old penetration with approved system.. • Plans do not call for any new wall penetrations through fire rated walls. • All existing penetrations are assumed to be up to code. Insulation • Fi-Foil at all exterior block walls. Stucco Excluded — the current scope of work does not include anything on the exterior of the building. SCG will repair any damage caused to the exterior of the building as a direct result of this scope of work. Frame and Drywall • New framed wall as per plan. • In fill old entry door location to unit 104 with new one 1 hour fire rated wall using metal frame & drywall per architect detail. Tile Supply and install porcelain floor tile. Tile underlayment will be ProFlex 90 per spec sheet provided by Melissa. Attached. Exterior Doors & Windows • Excluded — Scope does not include any work being done to the exterior doors or windows. • SCG will repair any damage caused to the exterior of the building as a direct result of this scope of work. Access Panels • Install as required. Plumbing Systems: • Delete powder room from unit 104. The previous drain lines will be patched and the association will be made aware before we complete this work. Per the association requet we will provide phot documentation of the repair. • Install new sink in the bar area. The water lines will be ran through the ceiling and the drain line will tie into the existing sanitary riser in the adjacent wall. • Install new dishwasher and sink in the island. We will use two previously abandoned cores to provide access to the island. One will be used for plumbing and one for electrical. Seagate Construction Group Phone: (561) 266-9910 Fax: (561) 266-2815 2 601 N. Congress Ave Suite 114 Delray Beach, FL 33445 www.seagatecg.com SE^ -SATE CONSTRUCTION GROUP Relocate gas cooktop. Gas line will be ran in the ceiling. Install new kitchen plumbing fixtures per plan. Fire Protection • Design build fire alarm and fire sprinkler systems by current monitoring company. • These modification will be needed to provide proper coverage after wall is removed from between the units. There may also need to be slight modification to the unit 103 master as one wall is moving a few feet. HVAC Provide new exhaust hook-up pre HVAC plans. Currently there are two exhaust hood of 600cfm exhausting into the existing chase. The new system will only require one hood of this size to exhaust into the chase. • Re -use existing AC units & thermostats. . Electrical • One conduit will be ran from the kitchen wall to the island to provide power to appliances. We will use the second core that we believe is located where new island will be. • All other electrical work is contained within the unit and will not affect anything outside this space. . Seagate Construction Group 601 N. Congress Ave Suite 114 Phone: (561) 266-9910 Delray Beach, FL 33445 Fax: (561) 266-2815 www.sea ag tec .com i r UAW AIV®Q HMN q0Y y� % 12�ii31�1$�� I1!1111i;:o= 4:r 14 4A CJ { a V ewww]..-oa.iWOes-ggVbO\VTpq•rRflr•Mur�gwnrA i....,.. .....'._. .._._...__._..-._......_ id vwmusrm * +APMRWW uv .LdAosg � Im s� z w . uj J-8 • @ 5 ' 53BHea:g,la IIi $Y 3w@l4Yr G1 0 0 , 0 , ^ g N' cj ma OtlVO'01-cM+w-�,IC•HiIW�-�(1wy �M,-s-11Fr.rr..+e��snws-.nr'�aM,.Awyw.A.s +}. +.i -. ..,,. «.. ..w��__�. �. �....�� i It M a�Cl wi IfN id vwmusrm * +APMRWW uv .LdAosg � Im s� z w . uj J-8 • @ 5 ' 53BHea:g,la IIi $Y 3w@l4Yr G1 0 0 , 0 , ^ g N' cj ma OtlVO'01-cM+w-�,IC•HiIW�-�(1wy �M,-s-11Fr.rr..+e��snws-.nr'�aM,.Awyw.A.s +}. +.i -. ..,,. «.. ..w��__�. �. �....�� i 1. PRODUCT NAME MSC (MEGA SOUND CONTROL) 2. MANUFACTURER PROFLEX0 Produds, Inc. 2828 Broadway Center Blvd Brandon, Florida 33510 Telephone: 883-937-8623 Toll Free: 877-577-6353 Fax 883.937824 Internet www.orofelS.us WIN V� ANON Mom 1 of 4 3. PRODUCT DESCRIPTION PROFLEX® MSC is a 90 mil composite underlayment consisting of a rubberized membrane laminated to a high strength reinforcing fabric on the face and a rebase sheet on the adhesive side. Uses PROFLEX® MSC Is specially designed to be used under approved thinsets, mortars, and adhesives for interior and exterior applications of ceramic No, stone, and brick, and for Interior applications of wood flooring to eliminate the transmission of cracks and sound. Other applications also may be suitable. Contact Technical Support for further Information. To el minate cracks in finished floor work, the product should be applied to the entire substrate prior to the installation of the finished flooring. Advantages • Easy and fast to install wdh standard tools • Ready for tiling Immediately after installation • Crack and Joint Isolation up to W • Moisture Vapor Protection up to 5ff-1000s4ft-24hr CaCI test (see installation instructions) • Sound Control Packaging 100 sq. ft/roll, 20 rolls per pallet Suitable Substrates • Concrete (Poured, prestressed, Precast) • Cured Mortar beds • Patrhinp and Self Leveling Compounds • Lightweight Gypsum Concrete (Gyp-Cretee) • Extenor-grade plywood • Cement backer -board • Other substrates contact Technical Support Shalf-Lffe PROFLEXID MSC- Factory -sealed containers of this product are to be of first quality for one (1) year of stored at temperatures between 40°F and 95'F Companion Products PR -series Primer RST - Rubber Seam Tape PIB - Perimeter Isolation Barrier Card/ons and Umlladons • Substrate must be primed with PROFLEXQ Primer, • PROFLEX® shall be Installed in compliance w)th the most current edition of the following publications- PROFLEXV Installation Instructions, ANSI (American N&Wnsl Standards Institute) TCNA (Tile Council of North America) handbook for ceramic tie Installation, MIA (Marble Institute of America) Dimension Stone Design Manual. • PROFLEXO requires consultation with your selected manufacturer of ThInasts. Mortars, and adhesives to snout* selected product is suitabte for use with PROFLF.X® elaslomenc membranes. Mortars should be at a minimum ANSI 118.11 apacificatlon, • Not for use over expansion joints (structural design Jrynts) or structural (out -of -plana) movement cracks. Use of this product does not eliminate the need fat movement Joints, Including perimeter joints within the tied surface. Perimeter expansion of 114" minimum must be maintained for warranty. Movement Jo;nts shall be Installed within the industry standards in the publications fisted in point 2 of the Cautions and Limitations section of this publication. • Not recommended for use on concrete floors when hydrostatic pressure is present. PROFLEXO recommends testing the substrate prior to installation of product using a Calcum-Chloride (CACI) test kit, and Pot concrete test for relatnre humidity (Rh) • Impervious tits (less than 0.59 absorption) may require a 48- hour cure prior to grouting. The mortar will be sandwiched between two non absorptive materials and will require additional cure time. Data Sheets are subject to change without notice, For latest revislo"i, visitwww.iarofleX us 4171$ 2of4 • Cooler weather will also increase set time • Protea Primers from freezing. 4. TECHNICAL DATA Property Test Method Result Total Thickness 90 MIL Fabnc. Thickness 6 moi. Elongation ASTM D882 350% min. Tensile MD ASTM D1682 1270 psi Pliability ASTM 0146 Pass -25 Adhesion to Plywood ASTM 01790 8 Ibfn. Adhesion to Pnmed Concrete ASTM D903 10 1bin. Impact Insulation Class (IIC) ASTM E989-89 ASTM E492-90 68' Sound Transmission Class (STC) ASTM E90-02 72• - bound testing performed as to ASTM M WM -W, ASTM Etrtiti-88. A5TM E492-90. Test conducted on 8' concrete slab with a suspended drywall ceding. APPLICABLE STANDARDS ASTM intematlonal (ASTM) ANSI American National Standard Institute • ASTM C627 "A standard test method for evaluating ceramic floor We Installation systems using the robinson-type floor tester: rated "extra heavy". • ANSI 118.12 'ANSI specifications for crack:solation membranes for thin -set ceramic We and dimension stone installation. Meets or exceeds ANSI 118.12. • ANSI 118.10 "ANSI specification for load bearing. bonded waterproof membranes for thin -set ceramic tie and dimension atone installation meets or exceeds ANSI 118.10. 5. INSTALLATION Applications instructions PROFLE(0 elasiomeric membranes, when property Installed in accordance with the following installation guidelines, will provide years of protection for finish flooring installations. In addition to these Instructions. Installers shall also refer to the moat current edition of the following publications: Amedcan National Standards Institute (ANSI) publications, Tile Council of North America (TCNA) Handbook for Ceramic Tile Installations The Marble Institute of America (MIA) Dimension Stone Design Manual. Manufacturers instructions of seiected setting materials, substrates, sub -floors, or other manufacturers being used in the total, or any part of, an metalled flooring system with PROFLEXO Consult your selected manufacturer of these above marn!oned components to ensure selected products are compatible with PROFLE (V elastomeric membranes. Exclusions PROFLEXO should not be installed without contacting technical support for including, but not limited to, the following condruons- Expansion or structural design Joints In concrete slabs. Out of plane, or structural movement cracks. Horizontal cracks that exceed iii' (10mm) Areas where moisture vapor or hydrostatic pressure exceeds U-1000agft-24hrs, as tooted using a Calcium Chloride (CsCI) test. Substrates installed not in compliance with Industry standards. Substrates that have not been approved by PROFLEU In this document, or by written authorization from a PAOFLEX0 representative Surface Preparation of Selected Subst Wed Concrete Substrates shall be in place a minimum of 26 days. Concrete shall be installed In compliance with industry standards, and concrete manufacturers instructions. The surface shall have a smooth finish and be free from voids, sharp protrusions, and loose aggregate. Substrate temperatures should be bebveen 400E and 90oF Concrete shall be structurally sound, dry dean, and free of dirt, ails, grease, loose peeling paint, concrete sealers or curing compounds, cement ladance, and other similar bond inhibiting materials. Rough or uneven surfaces should be made smooth with a Latex Portland cement undedayment to provide a Data Sheets are subject to change without noboe. For latest revision, visit www orofiex us 41718 3 of 4 wood float or better finish. Do not level with asphalt based products. Concrete should be tested for both moisture vapor transmission and hydrostatic pressure, by use of a Caicium-Chtoride (COCl) test. Consult technical support if test readings indicate a reading greater than 5 # per 1000 sgft-24hours. Exaling Joint Openings larger than 3116' must be prepared and filled w.th an approved caulking or sealant prior to the application of PROFLEX0. Patching, Self Leveling Compounds, Ughtweight Gypsum Concrete (Gyp-Cnatev shall cured to the minimum manufactures requirement for motsture sensitive installations. The surface shall have a smooth finish and be free from vows, sharp protrusions and loose aggregate. Substrate temperatures should be between 40oF and gOoF and shall be structurally sound, dry, clean, and tree of dirt, oils, grease, loose p"Ing paint, sealers or curing compounds. Plywood must be a minimum of two (2) layers 6V exterior grade plywood. Plywood shall be securely fastened in accordance with industry standards. Maintain a 118' gap between plywood shoats and all surfaces they abut. Joints in the top layer should be offset from the joints on the bottom layer. it is the responsibility of the installer to verify the deflection of the floor structure and sub -floor does not exceed U360 of the span under combined live or dead loads. The substrate should he tested for both moisture vapor transmission and hydrostatic pressure, by use of a Callum-Chlorlde (CACI} test Consult technical support of test readings indicate a reading greater than 5 # per 1000 sgft-24houre Other Substrates All other substrates and or sub -flooring systems shMA be Installed In a manner approved by both the product manufacturer and using an appropriate installation method as recomrnerAW In the most current edition of the publications mentioned In page 1, of Application Instructions. Concrete Patching and Leveling compounds should be applied only atter a consultation with PROFLEXO technical staff. (1-877-577.6363) or at technjj;"rifle .us. Substrates should be tested for both moisture vapor transmission and hydrostatic pressure, by use of a Calcium+ -Chloride (COCl) test. Consult technical support if test readings indicate a reading greater than 5 # per 1000 sqft-24houra. Priming For floors, interior applications, Ceramic Tile, Porcelain Tile Marble or Stone, engineered wood, hardwood floors, Pfttng• Stir or shake PROFLEXO Pnmer thoroughly, Apply primer with a long nap roller, brush, or spray application. Apply evenly at 300-400 sq.fl. per gallon, with 100% surface coverage, The PROFLF-X® Primer has dried satisfactorily when the surfaw is tacky but does not transfer when touched. (Note 'the Primer does not serve as an adhesive, over-applicatlon of the product will Increase drying times and may compromise the overall bondabllity of PROFLEXG membranes to the substrate) Membrane Application If PR0FLEX6 Is to be used as a vapor barrier, apply Rubber Seam Tape ( PROFLEXQD RST) beneath all seams, after the surface has been primed. The 4' rubber seam tape should be centered under every seam. The RST will need to be pro -positioned and Installed prior to the installation of the PROFLEX0 membrane. Place PRDFLEX® Membrane with release paper aW attached over the area to be treated. Unroll the membrane and cut leaving a 2'-3' excess at one end. PROFLEXO Nydra-Seal may be used in lieu of the RST at seams for waterproofing epplicatlona Hydra -Seal and mesh may also be used with the membranes for Bashing up the sides of the watts to the top of the membrane Method f: Fond membrane fongihwise. Peel % of the release paper from the leading edge of the membrane and slowly pull the release paper toward you, exposing the tacky surface of the membrane and carefully attaching the membrane onto the primed surface, avoiding wrinkles and bubbles. Method 2: Roll up 'A of the membrane, leaving the other half unrolled. Cut the release paper from the portion of the membrane and slowly pull the release paper toward you, exposing the tacky surface of the membrane and carefully attaching the membrane onto the primed surface, avoiding wrinkles and bubbles. Repeat the procedure with the unrolled portion of the membrane. AddWonat lnsstr=ftns an membrane application For full coverage application, carefully butt edges (Overlapping WIN cause the floor to become uneven, but not affect performance). Immediately after installation press membrane into place worlong out from the center of the membrane by apptyinp heavy pressure with the fiat side of the trowel, or use a 75-1000 roller. Protect exposed membrane and companion products from din, traffic, and harmful elements until flooring is installed, grouted, and cured. Setting Materials All mortars and thin -sets must meet or exceed ANSI 118.11. Urethane Wood adhesive% may be used for wood installations, Consult manufacturer for product suitability and approval for use with PROFLEX® elastomerie membranes Consult selected mortar or thlnset manufacturer for product sultablllty and approval for use with PROFU_XI>b elastoatedo membranes Use appropriate notched trowel for application of setting materiala in compliance with ANSI, TCNA, MIA, NWFA, and setting materials guidelines and recommendations. Visit our webslte at www.pmflox.us and dict to our Fnk listing our approved setting materials that have been approved for use. Dela Sheets are subject to change without notice. For latest revision, visit WMLRLQVAXM 41716 INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER GREGORY L. DUNHAM DATE: 06/01/2018 TO: Mayor Morgan and Town Commissioners RE: Recommendation for bid award for 3140 Polo Drive Stormwater Outfall On December 8, 2017, the Commission authorized the design of a stormwater outfall structure utilizing the drainage easement at 3140 Polo Drive. Once the design was complete, the Town publicly bid the project using the specifications provided by the Town's engineers, Mathews Consulting. Matthews Consulting estimated the project would cost approximately $63,000, which included a 20% construction contingency. The Invitation to Bid was publicly advertised on April 22 and April 25, 2018 in the Palm Beach Post, and four sealed bids were received by the Town in response. These bids were publicly opened on May 25, 2018. The bids are as follows: • Hinterland Group, Inc $99,646 • Johnson -Davis, Inc. $95,000 • Lambert Bros., Inc. $136,000 • LCCI Construction $46,000 The Town utilized an invitation to bid process, with the contract being awarded to the lowest responsive, responsible bidder. Matthews Consulting checked the references provided by the low bidder, LCCI Construction, and have no concern about the contractor's ability to perform the work. A memorandum from Matthews Consulting will follow. Based on the foregoing, I recommend the Town award the bid for the 3140 Polo Drive Stormwater Outfall to LCCI Construction, located in Fort Lauderdale. RECOMMENDATION: Motion to award the Invitation to Bid for the 3140 Polo Drive Stormwater Outfall to LCCI Construction for $46,000. INTER -OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER GREGORY L. DUNHAM DATE: 06/06/2018 TO: Mayor Morgan and Town Commissioners RE: Hurricane Debris Hauling Contract Piggyback Bid This is an item the staff will be adding to the agenda at the Commission meeting on Friday. The Town of Gulf Stream approved a contract for disaster debris hauling services with TAG Grinding Services, Inc. ("TAG") at its meeting in May of 2008, and has continued to use TAG as the Town's debris hauling contractor. The efficiency and effectiveness of this vendor was seen by staff and residents during the cleanup from Hurricane Irene last year. Most recently, however, FEMA amended its Disaster Recovery Services Schedule of Values, which impacts the way contractors develop and price out their various services. The change also impacts how FEMA determines what services are eligible for reimbursement. The Town's original contract did not address those changes, and staff sought out a way to procure the best possible price for these services, without compromising the level of service. In 2017, TAG was awarded a contact for disaster debris hauling services with Seminole County, FL. TAG's bid was one of nine, and was the lowest price of all bidders. The Town contacted Jerry Brooks, TAG's CEO, who confirmed he would allow the Town to `piggyback' the contract, utilizing the terms, conditions and pricing of the Seminole County contract. Staff believes this is a way to achieve the best possible price without compromising a high level of service. The staff have evaluated the Seminole County contract and have found it to be similar to our existing contract with TAG. RECOMMENDATION: Motion to approve the recommendation that the Town enter into a contract with TAG Grinding Services by piggybacking off of the May 2017 Contract between TAG Grinding Services and Seminole County, FL. TERM CONTRACT FOR DISASTER DEBRIS HAULING SERVICES (RFP-602702-16/GCM) -, / 7J THIS AGREEMENT is made and entered into this day of M;4 y 20, by and between TAG GRINDING SERVICES, INC., duly authorized to conduct business in the State of Florida, whose address is 1750 Powder Springs Road, Suite 190, Marietta, Georgia 30064, hereinafter referred to as "CONTRACTOR", and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide disaster debris hauling services to Seminole County; and WHEREAS, COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, CONTRACTOR is competent, qualified, and desires to provide services according to the terms and conditions stated in this Agreement, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, COUNTY and CONTRACTOR agree as follows: Section 1. Services. COUNTY does hereby retain CONTRACTOR to furnish services as further described in the Scope of Services, attached to this Agreement as Exhibit A and made a part of this Agreement. CONTRACTOR will also be bound by all requirements as contained in the solicitation package and all addenda to this Agreement. Required services will be specifically enumerated, described, and depicted in the Release Orders authorizing specific services. This Agreement standing alone does not authorize services or require COUNTY to place any orders for work. CERTIFIED COPY - GRANT MALOY r.•...,, r 0 ThE 1 CLERK OF THE CIRCUIT COURT r�?`•••" ��,•', Term Contract for Disaster Debris Hauling Services AND COMPTROLLER (RFP-602702-16/GMC) SE f LF CO NTY fLQRIDA`.. Page 1 of 20 BY CEPU'Y CLERK Section 2. Term. This Agreement will take effect on the date of its execution by COUNTY and will run for a period of two (2) years. At the sole option of COUNTY, this Agreement may be renewed for three (3) successive periods not to exceed one (1) year each. Expiration of the term of this Agreement will have no effect upon Release Orders issued pursuant to this Agreement and prior to the expiration date. Obligations entered into by both parties shall remain in effect until delivery and acceptance of the services authorized by the Release Order. The first three (3) months of the initial tenn of this Agreement will be considered probationary. During the probationary period, COUNTY may immediately terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. Section 3. Authorization for Services. Authorization for provision of services by CONTRACTOR under this Agreement will be in the form of written Release Orders issued and executed by COUNTY. A sample Release Order is attached to this Agreement as Exhibit B. Each Release Order will describe the services required and will state the dates for performance of services and establish the amount and method of payment. The Release Orders will be issued under and will incorporate the terms of this Agreement. COUNTY makes no covenant or promise as to the number of available Release Orders or that CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement. COUNTY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY. Section 4. Time for Completion. The services to be provided by CONTRACTOR shall be performed, as specified in such Release Orders as may be issued under this Agreement, within the time specified in this Agreement. Section 5. Compensation. COUNTY agrees to compensate CONTRACTOR for the professional services provided for under this Agreement on a "Fixed Fee" basis. When a Release rein Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 2 of 20 Order is issued on a Fixed Fee basis, then the applicable Release Order Fixed Fee amount will include any and all reimbursable expenses. The total compensation paid to CONTRACTOR pursuant to this Agreement will not exceed COUNTY's annual budgeted amount for provision of services and materials contracted under this Agreement. Section 6. Payment and Billing. (a) CONTRACTOR shall supply all services required by the Release Order, but in no event will CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Release Order. (b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the percentage of total Release Order services actually provided, but in no event will the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) Payments will be made by COUNTY to CONTRACTOR when requested as services are furnished, but not more than once monthly. Each Release Order will be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any services provided, the cost of the services provided, the name and address of CONTRACTOR, Release Order number, Contract number, and any other information required by this Agreement. The original invoice must be sent to: Director of County Finance Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 A copy of the invoice must be sent to: Seminole County Solid Waste Management Division 1950 State Road 419 Longwood, Florida 32750 Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 3 of 20 (d) Upon review and approval of CONTRACTOR's invoice, COUNTY shall, in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes, pay CONTRACTOR the approved amount. Section 7. General Terms of Payment and Billing. (a) Upon satisfactory performance of services required under this Agreement and upon acceptance of the services by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the teens of this Agreement, less any amount already paid by COUNTY. COUNTY shall pay CONTRACTOR within thirty (30) days of receipt of proper invoice. (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the term of this Agreement and after final payment to support final payment under this Agreement. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for of this Section and the total compensation so determined will be used to calculate final payment to CONTRACTOR. Conduct of this audit will not delay final payment as provided by subsection (a) of this Section. (c) CONTRACTOR agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to services provided under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at CONTRACTOR's office at all reasonable times during this Agreement's term and for five (5) years from the date of final payment under this Agreement for audit or inspection as provided for in subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment, but within the period provided for in subsection (c) of this Section, reveals any overpayment by COUNTY under Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 4 of 20 the terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Section 8. Additional Retainage for Failure to Maintain Progress of Work. (a) Retainage under this Agreement will be held as collateral security to secure completion of the work. (b) In the event that CONTRACTOR fails to physically mobilize to the work site as required by a Release Order, COUNTY may withhold additional retainage to secure completion of the work in an amount equal to ten percent (10%) of the Release Order compensation amount. The additional retainage held will be released to CONTRACTOR in the next Release Order payment following COUNTY's approval of a supplementary progress schedule demonstrating that the requisite progress has been regained and maintained. Section 9. Responsibilities of CONTRACTOR. Neither COUNTY's review, approval, nor acceptance of, nor payment for any of the services required will be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONTRACTOR shall be and always remain liable to COUNTY, in accordance with applicable law, for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful provision of any of the services furnished under this Agreement. Section 10. Termination. (a) COUNTY may, by written notice to CONTRACTOR, terminate this Agreement or any Release Order issued under this Agreement, in whole or in part, at any time, either for COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its Agreement obligations. Upon receipt of such notice, CONTRACTOR shall immediately discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports, estimates, summaries, and any and all such other information and materials of whatever type or nature Tenn Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 5 of 20 as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of COUNTY, CONTRACTOR shall be paid compensation for services performed to the date of termination. (c) If the termination is due to the failure of CONTRACTOR to fulfill its Agreement obligations, COUNTY may take over the work and prosecute the same to completion by other agreements or otherwise. In such case, CONTRACTOR shall be liable to COUNTY for all reasonable additional costs occasioned to COUNTY thereby. CONTRACTOR will not be liable for such additional costs if the failure to perform the services required by this Agreement arises without any fault or negligence of CONTRACTOR; provided, however, that CONTRACTOR shall be responsible and liable for the actions of its subcontractors, agents, employees, persons, and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without any fault or negligence of CONTRACTOR. (d) If after notice of termination for failure to fulfill its Agreement obligations, it is determined that CONTRACTOR had not so failed, the termination will be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price will be made as provided for in subsection (b) of this Section. (e) The rights and remedies of COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. Section 11. Agreement and Release Order in Conflict. Whenever the terms of this Agreement conflict with any Release Order issued pursuant to it, this Agreement shall prevail. Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 6 of 20 Section 12. Equal Opportunity Employment. CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin and will take steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren- ticeship. Section 13. No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, COUNTY has the right to terminate the Agreement, at its sole discretion and without liability, and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Section 14. Conflict of Interest. (a) CONTRACTOR agrees that it will not contract for or accept employment for the performance of any work or service with any individual, business, corporation, or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY. Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 7 of 20 (b) CONTRACTOR agrees that it will neither take any action nor engage in any conduct that would cause any COUNTY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. (c) In the event that CONTRACTOR causes or in any way promotes or encourages a COUNTY officer, employee, or agent to violate Chapter 112, Florida Statutes, COUNTY has the right to terminate this Agreement. Section 15. Assignment. This Agreement nor any interest in this Agreement, must not be assigned, transferred, or otherwise encumbered under any circumstances by the parties to this Agreement without prior written consent of the other party and in such cases only by a document of equal dignity with this Agreement. Section 16. Subcontractors. In the event that CONTRACTOR during the course of the work under this Agreement requires the services of subcontractors or other professional associates in connection with services covered by this Agreement, CONTRACTOR must first secure the prior express written approval of COUNTY. If subcontractors or other professional associates are required in connection with the services covered by this Agreement, CONTRACTOR shall remain fully responsible for the services of subcontractors or other professional associates. Section 17. Indemnification of COUNTY. CONTRACTOR agrees to hold harmless and indemnify COUNTY and its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages arising from, allegedly arising from, or related to the provision of services under this Agreement by CONTRACTOR. Section 18. Insurance. (a) General. CONTRACTOR shall, at its own cost, procure insurance required under this Section. Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 8 of 20 (1) CONTRACTOR shall furnish COUNTY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Liability, Commercial General Liability, and Business Auto). COUNTY, its officials, officers, and employees must be named additional insured under the Commercial General Liability policy. If the policy provides for a blanket additional insured coverage, please provide a copy of the section of the policy along with the Certificate of Insurance. If the coverage does not exist, the policy must be endorsed to include the additional insured verbiage. The Certificate of Insurance must provide that COUNTY will be given, by policy endorsement, not less than thirty (30) days written notice prior to the cancellation or non -renewal or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of Insurance has been provided. (2) The Certificate of Insurance must contain a statement that it is being provided in accordance with this Agreement and that the insurance is in full compliance with the insurance requirements of this Agreement. The Certificate of Insurance must have this Agreement number clearly marked on its face. In lieu of the statement on the Certificate of Insurance, CONTRACTOR will have the option to submit a sworn, notarized statement from an authorized representative of the insurer that the Certificate of Insurance is being provided in accordance with this Agreement, and that the insurance is in full compliance with the requirements of this Section. (3) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall, within thirty (30) days after Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 9 of 20 receipt of the request provide COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section. Certified copies of policies may only be provided by the insurer, not the agent/broker. (4) Neither approval by COUNTY nor failure to disapprove the insurance furnished by CONTRACTOR will relieve CONTRACTOR of its full responsibility for performance of any obligation including CONTRACTOR's indemnification of COUNTY under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies (other than Workers' Compensation) must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Florida Office of Insurance Regulation. (2) In addition, such companies must have and maintain, at a minimum, a Best's Rating of "A-" and a minimum Financial Size Category of "VII" according to A.M. Best Company. (3) If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company: (i) loses its Certificate of Authority; or (ii) fail to maintain the requisite Best's Rating and Financial Size Category, CONTRACTOR shall, as soon as it has knowledge of any such circumstance, immediately notify COUNTY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this Agreement. (c) Specifications. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall, at its sole expense, procure, maintain, and keep in force Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 10 of 20 amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in this Agreement, the insurance will become effective upon execution of this Agreement by CONTRACTOR and must be maintained in force until the expiration of this Agreement's term and/or the expiration of all Release Orders issued under this Agreement, whichever comes first. Failure by CONTRACTOR to maintain insurance coverage within the stated period and in compliance with insurance requirements of COUNTY will constitute a material breach of this Agreement, for which this Agreement may be immediately terminated by COUNTY. The amounts and types of insurance shall conform to the following minimum requirements: (1) Workers' Compensation/Employer's Liability. (A) CONTRACTOR's insurance shall cover it for liability which would be covered by the latest edition of the standard Workers' Compensation policy as filed for use in Florida by the National Council on Compensation Insurance without restrictive endorsements. CONTRACTOR will also be responsible for procuring proper proof of coverage from its subcontractors of every tier for liability which is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation policy, there will be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 11 of 20 and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation policy shall be: $500,000.00 (Each Accident) $500,000.00 (Disease -Policy Limit) $500,000.00 (Disease -Each Employee) (2) Commercial General Liability. (A) CONTRACTOR's insurance shall cover it for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. (B) The minimum limits to be maintained by CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess Policy) shall be as follows: General Aggregate Two Times (2x) the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 (3) Professional Liability Insurance. CONTRACTOR shall carry Professional Liability Insurance with limits of not less than One Million and No/100 Dollars ($1,000,000.00). (4) Business Auto Policy. (A) CONTRACTOR's insurance shall cover it for those sources of liability which would be covered by Part N of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01) as filed for use in the State of Florida by the Insurance Services Office, without the Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 12 of 20 attachment of restrictive endorsements. Coverage shall include owned, non -owned and hired autos or any autos. (B) The minimum limits to be maintained by CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be per -accident combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an aggregate, CONTRACTOR shall maintain separate aggregate limits of coverage applicable to claims arising out of or in connection with the work under this Agreement. The separate aggregate limits to be maintained by CONTRACTOR shall be a minimum of three times (3x) the per -accident limit required and shall apply separately to each policy year or part thereof. (C) The minimum amount of coverage under the Business Auto Policy shall be: Each Occurrence Bodily $1,000,000.00 Injury and Property Damage Liability Combined (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement shall apply on a primary and non-contributory basis and any other insurance or self-insurance maintained by COUNTY or COUNTY's officials, officers, or employees shall be in excess of, and not contributing to, the insurance provided by or on behalf of CONTRACTOR. (e) Occurrence Basis. The Workers' Compensation policy, the Commercial General Liability and the Umbrella policy required by this Agreement shall be provided on an occurrence rather than a claims -made basis. The Professional Liability insurance policy may be on an occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 13 of 20 (f) Obligations. Compliance with the foregoing insurance requirements will not relieve CONTRACTOR, its employees or its agents of liability from any obligation under a Section or any other portion of this Agreement. Section 19. Dispute Resolution. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust COUNTY dispute resolution procedures prior to filing suit or otherwise pursuing legal remedies. COUNTY dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures", Seminole County Administrative Code. Contract claims include all controversies, except disputes addressed by the "Prompt Payment Procedures", arising under this Agreement within the dispute resolution procedures set forth in Section 3.5540, "Contract Claims", Seminole County Administrative Code. (b) CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary services that were not presented for consideration ir► COUNTY dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY dispute resolution procedures. (c) In the event that COUNTY dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation will be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. Section 20. Representatives of COUNTY and CONTRACTOR. (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement will arise. COUNTY, upon request by CONTRACTOR, will designate and advise CONTRACTOR in writing of one or more of its employees to whom all communications pertaining Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 14 of 20 to the day to day conduct of this Agreement will be addressed. The designated representative will have the authority to transmit instructions, receive information, and interpret and define COUNTY's policy and decisions pertinent to the work covered by this Agreement. (b) CONTRACTOR shall at all times during the normal work week designate or appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement, and shall keep COUNTY continually and effectively advised of such designation. Section 21. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement will be predicated upon any prior representations or agreements, whether oral or written. Section 22. Modifications, Amendments, or Alterations. No modification, amendment, or alteration in the terms or conditions contained in this Agreement will be effective unless contained in a written document executed with the same formality and of equal dignity with this Agreement. Section 23. Independent Contractor. It is agreed that nothing in contained in this Agreement is intended or should be construed as, in any manner, creating or establishing a relationship of co-partners between the parties or as constituting CONTRACTOR, including its officers, employees, and agents),as an agent, representative, or employee of COUNTY for any purpose or in any manner whatsoever. CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. Section 24. Employee Status. Persons employed by CONTRACTOR in the performance of services and functions pursuant to this Agreement has no claim to pension, workers' compensation, Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 15 of 20 unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY's officers and employees either by operation of law or by COUNTY. Section 25. Services Not Provided For. No claim for services furnished by CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY. Section 26. Public Records Law. (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this Agreement. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR's possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.071, Florida Statutes, with regard to public records and shall: (1) keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement; (2) provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 16 of 20 (4) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (c) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119. 10, Florida Statutes. (d) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR's DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 407-665-7116, RHOOPER(2SEMINOLECOUNTYFL.GOV, PURCHASING AND CONTRACTS DIVISION, 1301 EAST SECOND STREET, SANFORD, FL 32771. Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 17 of 20 Section 27. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provisions of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations will constitute a material breach of this Agreement and will entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 28. Patents and Royalties. Unless otherwise provided, CONTRACTOR shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. CONTRACTOR, without exception, shall indemnify and save harmless COUNTY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly purchase for COUNTY any infringing products or services, or procure a license at no cost to COUNTY which will allow continued use of the service or product. If none of the alternatives are reasonably available, COUNTY agrees to return the article on request to CONTRACTOR and receive reimbursement, if any, as may be determined by a court of competent jurisdiction. Section 29. Notices. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice will remain such until it has been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to -wit: Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 18 of 20 For COUNTY: Seminole County Solid Waste Management Division 1950 State Road 419 Longwood, Florida 32750 For CONTRACTOR: TAG Grinding Services, Inc. 1750 Powder Springs Road, Suite 190 Marietta, Georgia 30064 Section 30. Rights At Law Retained. The rights and remedies of COUNTY provided for under this Agreement are in addition and supplemental to any other rights and remedies provided by law. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written for execution by COUNTY. ATTEST: TAG GRINDING SERVICES, INC. 00, ' By: Y BROOKS �� , President (CORPORATE SEAL) Date: [Signatures and attestations continued on the following page.] Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 19 of 20 Ui m r C r M :0 q fJ d O Ito d dR 41M O o Ow C M 1 V1 R ` � C E� w 16_ THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7553500 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS. That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brian Perry; Carl R. Wise; Debra Johnson; Douglas L. Rieder; F. Anderson Phillips; John H. Earl; John W. Miller II; Margaret S. Meyers; Misty L Haig; Paul R. Baker; Richard W. Naylor; S. Lynn Sghiattl; W. Wesley Hamilton, Jr. all of the city of Atlanta -,state of GA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surely obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of November , 2016 �S't INS(% rN5Ug4 11A IN SUA" 9 9?- jS4''-I%i.✓i. �� .o,:ic,;tq,F ✓� p 1919 1912 ° " 1991 _ eyf'✓�a:v;�s*a�' ~�,�q+rA�Hus�•? �y :.vuu',:a ` STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: nm' David M. Care , Assistant Secretary On this 23rd day of November , 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. �gP PAs,, COMMONWEALTH OF PENNSYLVANIA Q• �,MONWey !� Notarial Seal al Teresa Paslella, Notary Public By: OF Upper Marion Twp., Montgomery county Teresa Pastella, Notary Public P My Commission Expires March 28, 2017 Ry Member, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appear ng upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Renee C Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of aflomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said. Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 0,1 IN.51, 1NSURq y:NSUgy yv.^.2i•Oltq �9,t ti�P.JPP:)aq.F�YCF �C'�G'017�,��✓C^ .., 1919 o 1912 1991 r By n $ ? a a Renee C. Llew ssistant Secretary v'" D q LMS_12873_082018 75 of 100 -q hum oS WittkadAU� visas Print Name U Wi mss -S Print IN For the use and reliance of Seminole County only. SEMINOLE COUNTY, FLORIDA By: 4RAYHOanager hasing and Date: f 7 Approved as to form and legal su ciency. County Attorney PG/lpk 10/12/16 2/23/17 PAUsers\Legal Secretary CSB\Purchasing 2017\RFP-602702 (TAG).docx Attachments: Exhibit A — Scope of Services Exhibit B — Sample Release Order As authorized for execution by the Board of County Commissioners at its /7, 20__�? , regular meeting. 14-3330-17 Term Contract for Disaster Debris Hauling Services (RFP-602702-16/GMC) Page 20 of 20 EXHIBIT "A" OPOSALS TO: REQUESTFOR unty PROPOSALS (RFP) ond Street F ida 32771 And HASING & CONTRACTS (PCD) Proposer Acknowledgment Contact: Gladys Marrozos, CPPB RFP No.: RFP-602702-16/GCM Senior Procurement Analyst Phone: 407-665-7110 Disaster Debris Hauling Services Email: gmarrozos(a)seminolecountyfl.4ov PRE -PROPOSAL DATE —January 12, 2017 Time: 9:30 AM (Eastern Standard Time) Location of Pre -Proposal: Environmental Services Reflections Office, 500 W. Lake Mary Blvd. Sanford, FI. 32773 PROPOSAL DUE DATE —January 25, 2017 Time: 2:00 PM (Eastern Standard Time) Location of Public Opening: Purchasing & Contracts Division, 1301 E. Second Street, Sanford, FL 32771 Proposer Name: Federal Employer ID Number: TAG Grinding Services, Inc. 582373565 Mailing Address: If returning as a "No Submittal', state reason (if so, return only this page): 1750 Powder Springs Road, Suite 190 City, State, Zip: Marietta, Georgia 30064 Type of Entity (Circle one) f Corporation The undersigned Proposer hereby Partnership Proprietorship Joint Venture acknowledges receipt of Addenda Incorporated in the State of: Georgia Numbers through List of Principals: January 23, 20Wuth orized Signature (Manual) Date Email Address: jerry@taggrinding.com Typed Name: Jerry W. Brooks Telephone Number: (676) 540-5001 Title: Chief Financial Officer Fax Number: (770) 672-6775 Date: January 23, 2017 THIS FORM MUST BE COMPLETED AND RETURNED WITH WRITTEN PROPOSAL The Proposer is expected to completely analyze the information contained in this Request for Proposals (RFP) as guidance for the preparation of their written proposal. The Proposer's written proposal should be specific, detailed, and complete in order to clearly and fully demonstrate the Proposer's understanding of the proposed work requirements, and it should include a logical plan to accomplish the task(s) under the proposed scope of work. Scope of Services Under this contract, work shall consist of coordinating and mobilizing an appropriate number and type of cleanup crews, as determined by the County Debris Manager. Work shall also include the clearing and removing of any and all "eligible" debris as most currently defined (at the time written Release Orders are issued and executed by the County for the Contractor) by the Public Assistance grant program guidelines, FEMA Publication 321 — Public Assistance Policy Digest, FEMA Publication 322 — Public Assistance Guide, FEMA Publication 323 — Public Assistance Applicant Handbook, FEMA Publication 325 — Debris Management Guide, all applicable state and federal DSG documents, FEMA fact sheets and policies and as directed by the County Debris Manager. Eligible also includes meeting any changes in definition, rules, or requirements regarding debris removal reimbursement as stipulated by FEMA during the course of a debris removal project. The aforementioned definition of "eligible" applies to all uses throughout Scope of Services items 1 through 15. Work will include: 1) examining debris to determine whether or not debris is eligible; 2) loading the debris; 3) hauling debris to County - approved DMS(s) or County -designated final disposal site(s); 4) reducing disaster -related debris; 5) hauling reduced debris to a County -designated final disposal site; and 6) disposing of reduced debris at a County -designated final disposal site or ORSWMF. Debris not defined as eligible by FEMA Publication 325 or state or federal DSGs or policies will not be loaded, hauled, or dumped under this contract unless written instructions are given to the Contractor by the County Debris Manager. It shall be the Contractor's responsibility to load, transport, reduce, and properly dispose of any and all disaster -generated debris that is the result of the event under which the Contractor was issued Release Orders, unless otherwise directed by the County Debris Manager, in writing. This includes but is not limited to: 1. Emergency Road Clearance Work shall consist of all labor, equipment, fuel and associated costs necessary to clear and remove debris from County roadways, to make them passable immediately following a declared disaster event as directed by the County. All roadways designated by the County Debris Manager shall be clear and passable within seventy (70) working hours of the issuance of Release Orders from the County to conduct emergency roadway clearance work. The County may choose to extend the Contractor's seventy (70) hour limit through a written request. This may include roadways in municipalities within the County. Clearance of these roadways will be performed as identified by the County Debris Manager. The Contractor shall assist the County and its representatives in ensuring proper documentation of emergency road clearance activities by documenting the type of equipment and/or labor utilized (i.e., certification), starting and ending times, and zones/areas worked. Services performed under this contract element will be compensated using Schedule 2 — Hourly Labor and Equipment Price Schedule. 2. Eligible ROW Vegetative Debris Removal Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to pick up and transport eligible disaster -related vegetative debris existing on the County ROW to a County -approved DMS or a County - designated final disposal site in accordance with all federal, state, and local rules and regulations. a. For the purposes of this contract, eligible vegetative debris that is piled in immediate close proximity to the street, and is accessible from the street with loading equipment (i.e., not behind a fence or other physical obstacle) will be removed. RFP-602702-16/GCM —Disaster Debris Hauling Services b. Removal of eligible vegetative debris existing in the County will be performed as identified by the County Debris Manager. G. Once the debris removal vehicle has been issued a load ticket from the County's authorized representative, the debris removal vehicle will proceed immediately to a County -approved DMS or a County -designated final disposal site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. d. All eligible debris will be removed from each location before proceeding to the next location unless directed otherwise by the County or its authorized representative. e. Entry onto private property for the removal of eligible vegetative hazards will only be permitted when directed by the County or its authorized representative. The County will provide specific Right -of -Entry (ROE) legal and operational procedures. f. The Contractor must provide traffic control as conditions require or as directed by the County Debris Manager. 3. Eligible ROW C&D Debris Removal Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to pick up and transport eligible C&D debris existing on the County ROW to a County -designated final disposal site in accordance with all federal, state, and local rules and regulations. a. For the purposes of this contract, eligible C&D debris that is piled in immediate close proximity to the street, and is accessible from the street with loading equipment (i.e., not behind a fence or other physical obstacle) will be removed. b. Removal of eligible C&D debris existing in the County ROW will be performed as identified by the County Debris Manager. C. Once the debris removal vehicle has been issued a load ticket from the County's authorized representative, the debris removal vehicle will proceed immediately to a County -approved DMS or a County -designated final disposal site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. d. All eligible debris will be removed from each location before proceeding to the next location unless directed otherwise by the County or its authorized representative. e. Entry onto private property for the removal of eligible C&D hazards will only be permitted when directed by the County or its authorized representative. The County will provide specific ROE legal and operational procedures. f. The Contractor must provide traffic control as conditions require or as directed by the County Debris Manager. 4. Eligible Demolition, Removal, Transport and Disposal of Non-RACM Structures Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to decommission, demolish, and dispose of eligible Non -Regulated Asbestos Containing Material (Non-RACM) structures on private property within the jurisdictional limits of the County. Under this service, work will RFP-602702-16/GCM — Disaster Debris Hauling Services include Asbestos Containing Material (ACM) testing, decommissioning, structural demolition, debris removal, and site remediation. Further, eligible debris generated from the demolition of Non-RACM structures as well as eligible scattered C&D debris on private property, will be transported to a County -designated final disposal site in accordance with all federal, state and local rules and regulations. a. Decommissioning consists of the removal and disposal of all HHW, E -Scrap, white goods, and waste tires from a Non-RACM structure at a properly sanctioned facility in accordance with all applicable federal, state and local rules and regulations. b. Any structurally unsound and unsafe structures will be identified and presented to the County for direction regarding decommissioning. C. Removal and transportation of eligible Non-RACM demolished structures and eligible scattered C&D debris on private property will be performed as directed in writing by the County Debris Manager. d. Once the debris removal vehicle has been issued a load ticket from the County's authorized representative, the debris removal vehicle will proceed immediately to a County -designated final disposal site. The debris removal vehicle will not collect additional debris once a load ticket has been issued. e. Entry onto private property for the removal of eligible C&D hazards will only be permitted when directed in writing by the County or its authorized representative. The County will provide specific ROE legal and operational procedures for private property debris removal programs if requested. f. The Contractor is required to strictly adhere to any and all local, state, and federal regulatory requirements for the demolition, handling, and transportation of Non- RACM structures (such as obtaining demolition permits, etc.). 5. Eligible Demolition, Removal, Transport and Disposal of RACM Structures Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to decommission, demolish, and dispose of Eligible RACM structures on private property within the jurisdictional limits of the County. Under this service, work will include ACM testing, decommissioning, structural demolition, debris removal, and site remediation. Further, eligible debris generated from the demolition of structures as well as eligible scattered C&D debris on private property, will be transported to a County -designated final disposal site in accordance with all federal, state and local rules and regulations. a. Decommissioning consists of the removal and disposal of all HHW, E -Scrap, white goods, and waste tires from a RACM structure at a properly sanctioned facility in accordance with all applicable federal, state and local rules and regulations. b. Any structurally unsound and unsafe structures will be identified and presented to the County for direction regarding decommissioning. C. Removal and transportation of Eligible RACM demolished structures and eligible scattered C&D debris on private property will be performed as directed in writing by the County Debris Manager. d. Once the debris removal vehicle has been issued a load ticket from the County's authorized representative, the debris removal vehicle will proceed immediately to RFP-602702-16/GCM — Disaster Debris Hauling Services a County -designated final disposal site that accepts RACM debris. The debris removal vehicle will not collect additional debris once a load ticket has been issued. Entry onto private property for the removal of eligible C&D hazards will only be permitted when directed in writing by the County or its authorized representative. The County will provide specific ROE legal and operational procedures for private property debris removal programs if requested. The Contractor is required to strictly adhere to any and all local, state, and federal regulatory requirements for the demolition, handling and transportation of RACM structures (such as obtaining demolition permits, burrito wrapping of debris, etc.). 6. DMS(s) Management, Operations and Reduction Through Grinding Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to manage and operate DMS(s) for the acceptance, management, segregation, staging, and reduction through grinding of eligible disaster -related debris. Grinding must be approved by the County Debris Manager prior to commencement of reduction activities. The DMS(s) layout and ingress and egress plan must be approved by the County Debris Manager. a. The management of DMS(s) includes assistance in obtaining necessary local, state, and federal permits or approval and operating in accordance with all rules and regulations of local, state, and federal regulatory agencies, which may include, but are not limited, to the U.S. Environmental Protection Agency (EPA) and FDEP. The Contractor shall also be responsible for any and all costs associated with third -party groundwater and soil testing. b. Contractor is responsible for operating the DMS(s) in accordance with Occupational Safety and Health Administration (OSHA), EPA and FDEP guidelines. Debris at DMS(s) will be clearly segregated and managed independently by debris type (C&D, vegetative debris, HHW, etc.), program (ROW collection, private property debris removal, etc.) and applicant(s) (municipalities located within the County). The County may authorize the acceptance of debris from municipalities within the County. In addition to being clearly segregated and managed independently from the County debris, debris from municipalities must also be hauled out and invoiced separately. d. All unreduced storm debris must be staged separately from reduced debris at the DMS(s). e. Contractor is responsible for all associated costs necessary to provide DMS(s) utilities such as, but not limited to, water, lighting, and portable toilets. Contractor is responsible for all associated costs necessary to provide DMS(s) traffic control such as, but not limited to, traffic cones and staff with traffic flags. g. Contractor is responsible for all associated costs necessary to provide DMS(s) dust control and erosion control such as, but not limited to, an operational water truck, silt fencing, and other best management practices. Contractor is responsible for all associated costs necessary to provide DMS(s) RFP-602702-16/GCM — Disaster Debris Hauling Services fire protection such as, but not limited to, an operational water truck (sufficient and equipped for fire protection), fire breaks and a site foreman. Contractor is responsible for all associated costs necessary to provide qualified personnel as well as lined containers or containment areas, for the segregation of visible HHW/contaminants that may be mixed with disaster debris. The Contractor is also responsible for all associated costs necessary for HHW/contaminant disposal at a permitted Hazardous Waste TSDF, as requested by the County. The cost associated with qualified personnel and lined containers/containment areas for HHW/contaminant segregation as well as HHW/contaminant disposal from DMS locations, is a cost reflected in this Scope of Services item 6. Depending on the volume of HHW per DMS location, the County may choose to collect and dispose of HHW segregated from disaster debris at DMS locations. Contractor is responsible for providing twenty-four (24) hour DMS(s) security Contractor will only permit Contractor vehicles and others specifically authorized by the County or its authorized representative on-site(s). Contractor shall provide a tower(s) from which the County or its authorized representative can make volumetric load calls. The tower(s) provided by the Contractor will at a minimum meet the specifications provided in the Technical Specifications of this RFP (See pages 39 & 40, Debris Site Tower Specifications). M. Upon completion of haul -out activities, the Contractor will be responsible for remediating the physical features of the site to its original condition prior to site use. Site remediation will include, but is not limited to, returning the original site grade, sod, and other physical features. Site remediation does not include restoring fencing, concession stands, lighting, and other permanent structures that may have been demolished at the County's direction for DMS operations. All debris, mulch, etc., is to be removed adequately; fill dirt and/or other base material (if required) must meet standards for intended use; new sod or seeding must meet standards for intended use. Site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. Site remediation will abide by all state and federal environmental regulatory requirements and is subject to final approval by the County and FDEP. 7. DMS(s) Management, Operations and Reduction Through Air Curtain Incinerators Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to manage and operate DMS(s) for the acceptance, management, segregation, staging, and reduction through an Air Curtain Incinerator (ACI) of eligible disaster -related debris. ACI reduction must be approved by the County Debris Manager, Division of Forestry, FDEP, and any other applicable regulatory agencies as required prior to commencement of reduction activities. DMS(s) layout and ingress and egress plan must be approved by the County Debris Manager. a. The management of DMS(s) includes assistance in obtaining necessary local, state, and federal permits or approval and operating in accordance with all rules and regulations of local, state, and federal regulatory agencies, which may include, but are not limited, to EPA and FDEP. The Contractor shall also be responsible for any and all costs associated with third -party groundwater and soil RFP-602702-16/GCM — Disaster Debris Hauling Services testing. b. Contractor is responsible for operating the DMS(s) in accordance with OSHA, EPA and FDEP guidelines. C. Debris at DMS(s) will be clearly segregated and managed independently by debris type (C&D, vegetative debris, HHW, etc.), program (ROW collection, private property debris removal, etc.) and applicant(s) (municipalities located within the County). The County may authorize the acceptance of debris from municipalities within the County. In addition to being clearly segregated and managed independently from the County debris, debris from municipalities must also be hauled out and invoiced separately. d. All unreduced storm debris must be staged separately from reduced debris at the DMS(s). e. Contractor is responsible for all associated costs necessary to provide DMS(s) utilities such as, but not limited to, water, lighting, and portable toilets. f. Contractor is responsible for all associated costs necessary to provide DMS(s) traffic control such as, but not limited to, traffic cones and staff with traffic flags. g. Contractor is responsible for all associated costs necessary to provide DMS(s) dust control and erosion control such as, but not limited to, an operational water truck, silt fencing, and other best management practices. h. Contractor is responsible for all associated costs necessary to provide DMS(s) fire protection such as, but not limited to, an operational water truck (sufficient and equipped for fire protection), fire breaks and a site foreman. i. Contractor is responsible for all associated costs necessary to provide qualified personnel as well as lined containers or containment areas, for the segregation of visible HHW/contaminants that may be mixed with disaster debris. The Contractor is also responsible for all associated costs necessary for HHW/contaminant disposal at a permitted TSDF, as requested by the County. The cost associated with qualified personnel and lined containers/containment areas for HHW/contaminant segregation as well as HHW/contaminant disposal from DMS locations, is a cost reflected in this Scope of Services item 7. Depending on the volume of HHW per DMS location, the County may choose to collect and dispose of HHW segregated from disaster debris at DMS locations. j. Contractor is responsible for providing twenty-four (24) -hour DMS(s) security and fire tender. k. Contractor will only permit Contractor vehicles and others specifically authorized by the County or its authorized representative on-site(s). I. Contractor shall provide a tower(s) from which the County or its authorized representative can make volumetric load calls. The tower(s) provided by the Contractor will at a minimum meet the specifications provided in the Technical Specifications of this RFP. M. Upon completion of haul -out activities, the Contractor will be responsible for remediating the site to its original condition prior to site use. Site remediation will include, but is not limited to, returning the original site grade, sod, and other physical features. Site remediation does not include restoring fencing, concession stands, lighting, and other permanent structures that may have been RFP-602702-16/GCM — Disaster Debris Hauling Services demolished at the County's direction for DMS operations. All debris, mulch, etc., is to be removed adequately; fill dirt and/or other base material (if required) must meet standards for intended use; new sod or seeding must meet standards for intended use. Site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. Site remediation will abide by all state and federal environmental regulatory requirements and is subject to final approval by the County and FDEP. 8. DMS(s) Management, Operations and Reduction Through Controlled Open Burning Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to manage and operate DMS(s) for the acceptance, management, segregation, staging, and reduction through controlled open air burning of eligible disaster -related debris. Controlled open air burning must be approved by the County Debris Manager, Division of Forestry, FDEP, and any other applicable regulatory agencies as required prior to commencement of reduction activities. DMS(s) layout and ingress and egress plan must be approved by the County Debris Manager. a. The management of DMS(s) includes assistance in obtaining necessary local, state, and federal permits or approval and operating in accordance with all rules and regulations of local, state, and federal regulatory agencies, which may include, but are not limited, to EPA and FDEP. The Contractor shall also be responsible for any and all costs associated with third -party groundwater and soil testing. b. Contractor is responsible for operating the DMS(s) in accordance with OSHA, EPA and FDEP guidelines. C. Debris at DMS(s) will be clearly segregated and managed independently by debris type (C&D, vegetative debris, HHW etc.), program (ROW collection, private property debris removal, etc.) and applicant(s) (municipalities located within the County). The County may authorize the acceptance of debris from municipalities within the County. In addition to being clearly segregated and managed independently from the County debris, debris from municipalities must also be hauled out and invoiced separately. J. All unreduced storm debris must be staged separately from reduced debris at the DMS(s). e. Contractor is responsible for all associated costs necessary to provide DMS(s) utilities such as, but not limited to, water, lighting, and portable toilets. f. Contractor is responsible for all associated costs necessary to provide DMS(s) traffic control such as, but not limited to, traffic cones and staff with traffic flags. g. Contractor is responsible for all associated costs necessary to provide DMS(s) dust control and erosion control such as, but not limited to, an operational water truck, silt fencing, and other best management practices. h. Contractor is responsible for all associated costs necessary to provide DMS(s) fire protection such as, but not limited to, an operational water truck (sufficient and equipped for fire protection), fire breaks and a site foreman. Contractor is responsible for all associated costs necessary to provide qualified personnel as well as lined containers or containment areas, for the segregation RFP-602702-16/GCM — Disaster Debris Hauling Services of visible HHW/contaminants that may be mixed with disaster debris. The Contractor is also responsible for all associated costs necessary for HHW/contaminant disposal at a permitted TSDF, as requested by the County. The cost associated with qualified personnel and lined containers/containment areas for HHW/contaminant segregation as well as HHW/contaminant disposal from DMS locations, is a cost reflected in this Scope of Services item 8. Depending on the volume of HHW per DMS location, the County may choose to collect and dispose of HHW segregated from disaster debris at DMS locations. j. Contractor is responsible for providing twenty-four (24) hour DMS(s) security and fire tender. k. Contractor will only permit Contractor vehicles and others specifically authorized by the County or its authorized representative on-site(s). I. Contractor shall provide a tower(s) from which the County or its authorized representative can make volumetric load calls. The tower(s) provided by the Contractor will at a minimum meet the specifications provided in the Technical Specifications of this RFP. M. Upon completion of haul -out activities, the Contractor will be responsible for remediating the site to its original condition prior to site use. Site remediation will include, but is not limited to, returning the original site grade, sod, and other physical features. Site remediation does not include restoring fencing, concession stands, lighting, and other permanent structures that may have been demolished at the County's direction for DMS operations. All debris, mulch, etc., is to be removed adequately; fill dirt and/or other base material (if required) must meet standards for intended use; new sod or seeding must meet standards for intended use. Site remediation will also include returning all utilized sites to their original condition as verified through soil and groundwater samples. Site remediation will abide by all state and federal environmental regulatory requirements and is subject to final approval by the County and FDEP. 9. Haul -Out of Reduced Debris to a County -Designated Final Disposal Site Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and associated costs necessary to load and transport reduced eligible material such as ash, compacted C&D or mulch existing at a County -approved DMS(s) to a County - designated final disposal site in accordance with all federal, state, and local rules and regulations. The Contractor shall not receive any payment from the County for haul -out or load tickets related to reduced or unreduced debris transported and disposed of at a non -County -designated final disposal site. 10. Removal of Eligible Hazardous Leaning Trees and Eligible Hanaing Limbs Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to remove all eligible hazardous trees six (6) inches or greater in diameter, measured 4.5 feet from the base of the tree and eligible hazardous hanging limbs two (2) inches or greater in diameter existing on the County ROW. Debris generated from the removal of eligible hazardous trees and eligible hanging limbs two (2) inches or greater existing in the County ROW will be placed in the safest possible location on the County ROW and subsequently removed in accordance with Scope of Services, item 2, under the terms, conditions, and procedures described in "ROW Vegetative Debris Removal." Eligible hazardous leaning trees less than six (6) inches in diameter, measured four and a half feet (4.5) from the base of the tree, will be RFP-602702-16/GCM — Disaster Debris Hauling Services flush cut, loaded and removed in accordance with the terms, conditions, and compensation schedule for Scope of Services item 2. The County will not compensate the Contractor for cutting leaning trees less than six (6) inches in diameter on a unit rate basis. The collection of all eligible hazardous leaning trees and eligible hazardous hanging limbs must be performed on the same day as the cut work. If there is insufficient room for safe placement along the County ROW then Contractor must load the resulting debris as eligible hazardous leaning tree or eligible hazardous hanging limbs as they are removed. Eligible hazardous trees will be identified by the County or its authorized representative for removal. Removal and placement of eligible hazardous trees six (6) inches or greater in diameter existing on the County ROW or private property will be performed as identified by the County Debris Manager. All disaster -specific eligibility guidelines regarding size and diameter of leaning trees will be communicated to the Contractor, in writing, by the County Debris Manager. In order for leaning or hazardous trees to be removed and eligible for reimbursement, the tree must satisfy a minimum of one (1) of the following requirements: The tree is leaning in excess of thirty degrees (300) in a direction that poses an immediate threat to public health, welfare, and safety. 2. The tree is dead, twisted, or mangled as a direct result of the storm and a certified arborist can attest to the fact that the tree will die, and potentially create a falling hazard to the public. 3. Over fifty percent (50%) of the tree crown is damaged or broken and heartwood is exposed. 4. The tree has a split trunk that exposes heartwood. Eligible hazardous hanging limbs will be identified by the County or its authorized representative for removal. Removal and placement of eligible hazardous hanging limbs two (2) inches or greater in diameter existing on the County ROW or private property will be performed as identified by the County Debris Manager. All disaster -specific eligibility guidelines regarding size and diameter of limbs will be communicated to the Contractor, in writing, by the County Debris Manager. In order for hanging limbs to be removed and eligible for payment, the limb must satisfy all of the following requirements: The limb is two (2) inches or greater in diameter measured just before the break. The limb is still hanging in a tree and threatening a public use area. The limb is located on improved public property. 11. Removal of Eligible Hazardous Stumps Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary to remove all eligible hazardous uprooted stumps greater than twenty-four (24) inches in diameter, measured twenty-four (24) inches from the base of the tree existing on the County ROW. Further, debris generated from the removal of uprooted stumps existing on the County ROW will be transported to a County -approved DMS or a County -designated final disposal site in accordance with all federal, state and local rules and regulations. Eligible stumps measured twenty-four (24) RFP-602702-16/GCM — Disaster Debris Hauling Services 12. inches from the base of the tree and twenty-four (24) inches or less in diameter will be considered normal eligible vegetative debris and removed in accordance with Scope of Services Item 2. The diameter of eligible stumps less than twenty-four (24) inches will be converted into a cubic yardage volume based on the published FEMA stump conversion table (See attached exhibits — FEMA Stump Conversion Table) and removed under the terms and conditions of Scope of Services Item 2. a. Eligible hazardous stumps will be identified by the County or its authorized representative for removal. Removal and transportation of eligible hazardous uprooted stumps existing on the County ROW or private property will be performed as identified by the County Debris Manager. All disaster -specific eligibility guidelines regarding size and diameter of hazardous stumps will be communicated to the Contractor, in writing, by the County Debris Manager. In order for hazardous stumps to be removed and eligible for reimbursement, the stump must satisfy the following criteria: Fifty percent (50%) or more of the root ball is exposed. The stump is on County ROW and poses an immediate threat to public health, safety, or welfare. Tree stumps that are not attached to the ground will be considered normal vegetative debris and subject to removal under the terms and conditions of Scope of Services item 2. Stumps with less than fifty percent (50%) of the root ball exposed shall be flush cut to the ground. The stump portion of the tree will not be removed but the residual debris (i.e., tree trunk) will be removed under the terms and conditions of Scope of Services, item 2. The cubic yard volume of unattached stumps will be based on the diameter conversion using the published FEMA stump conversion table (See attached exhibits — FEMA Stump Conversion Table). The County or its authorized representative will measure and certify all eligible stumps prior to removal. Eli-gible Household Hazardous Waste Removal Transport and Disposal Under this contract, work shall consist of all labor, equipment, fuel, container costs, packaging materials, labels, disposal costs, traffic control costs and other associated costs necessary for the removal, transportation, and disposal of eligible HHW from the ROW to a TSDF. a. The removal, transportation and disposal of eligible HHW includes obtaining all necessary local, state and federal handling permits and operating in accordance with all rules and regulations of local, state and federal regulatory agencies. b. All HHW shall be managed as hazardous waste and disposed of at a permitted Hazardous Waste TSDF. Additional fees (such as "Hazardous Waste Fee") and surcharges (such as fuel surcharge) will not be allowed. C. The Contractor is solely responsible for complying with all requirements mandated by the TSDF regarding labeling, manifesting, packaging, segregating, and transporting of HHW to ensure acceptance of collected HHW at the final disposal site. d. The Contractor shall collect and segregate HHW into chemically compatible groupings and store/transport the HHW using lined and/or leak proof containers. RFP-602702-16/GCM — Disaster Debris Hauling Services e. If the approved TSDF does not have scales to weigh the HHW, then the contractor will be required to provide a scale certified for trade for weighing the HHW. The scale must be certified by the Florida Department of Agriculture and Consumer Services. 13. Eligible ROW White Goods Debris Removal Under this contract, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary for the collection of eligible white goods from the ROW, removal of refrigerants, transportation to a County -approved DMS, decontamination, and transportation to a County -approved facility for recycling. The designated facility for recycling must be approved in writing by the County. Eligible white goods containing refrigerants must first have such refrigerants removed by the Contractor's qualified technicians prior to mechanical loading. White goods can be collected without first having refrigerants removed if the white goods are manually placed into a hauling vehicle with lifting equipment so that the elements containing refrigerants are not damaged. White goods are banned from landfill disposal in the State of Florida, yet are accepted for recycling. a. The removal, transportation and recycling of eligible white goods includes obtaining all necessary local, state and federal handling permits and operating in accordance with all rules and regulations of local, state and federal regulatory agencies. • All white goods containing food items shall be decontaminated in accordance with local, state, and federal law prior to recycling. b. The Contractor shall recycle all eligible white goods in accordance with all rules and regulations of local, state, and federal regulatory agencies. C. Refrigerant containing items will have such refrigerants removed prior to mechanical loading or will be manually loaded and hauled to a designated County -approved DMS for refrigerant removal by the Contractor's qualified technicians. 14. Eligible E -Scrap Removal Under this element, work shall consist of all labor, equipment, fuel, traffic control costs and other associated costs necessary for the removal, transportation, and proper disposal of eligible E -Scrap from the ROW to a County -designated E -Scrap recycling facility. Eligible E -Scrap includes, but is not limited to, televisions, computers, computer monitors and microwaves in areas identified and approved by the County. The Contractor shall recycle or dispose of all eligible E -Scrap items in accordance with all rules and regulations of local, state, and federal regulatory agencies. 15. Eligible Dead Animal Carcasses Under this element, work shall consists of all labor, equipment, fuel, traffic control costs and other associated costs necessary for the removal, transportation, and lawful disposal of dead animal carcasses from the ROW to a County -designated final disposal site. Contractor shall coordinate activities with the Seminole County Animal Services Division and the Seminole County Health Department. RFP-602702-16/GCM — Disaster Debris Hauling Services Other Debris Removal Work Neither the Contractor nor any subcontractors shall solicit work from private citizens or others to be performed in the designated work areas during the term of this agreement. The County reserves the right to require the Contractor to dismiss or remove from the project any workers as the County sees necessary. Any debris removal vehicles dismissed from the project must have their issued placard removed and destroyed Technical Specifications Compliance with 2 CFR Part 200 The Contractor agrees to recognize and comply with all applicable standard, orders, or regulations issued pursuant to Appendix II of 2 CFR 200. Standards, orders, or regulations that are not applicable to the scope of work will not be required by the Contractor. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, Contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each Contractor or sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. RFP-602702-16/GCM — Disaster Debris Hauling Services (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or sub - recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contracts and sub -grants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the EPA. (H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). (1) Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the Office of Management and Budget (OMB) guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. (K) Procurement of recovered materials, see § 200.322. RFP-602702-16/GCM — Disaster Debris Hauling Services Mobilization Within twenty-four (24) hours of the County being placed in the National Oceanic Atmospheric Administration five (5) day hurricane forecast, the Contractor(s) shall contact the County regarding potential contract activation. Within forty-eight (48) hours of being issued Release Orders from the County, the Contractor(s) shall mobilize equipment and resources in the County. Within seventy-two (72) hours of being issued Release Orders from the County, the Contractor(s) shall begin debris removal operations as directed by the County Debris Manager. As part of the Contractor's mobilization effort the Contractor(s) shall provide an on-site office trailer for the duration of the project or as directed by the County. Safetv The Contractor(s) shall be solely responsible for maintaining safety at all work sites including DMS(s) and debris collection sites. The Contractor(s) shall take all reasonable steps to insure safety for both workers and visitors to DMS(s) and debris collection sites. Safety at DMS(s) and debris collection sites includes traffic control such as traffic cones and flag personnel. The Contractor(s) will also be solely responsible to ensure that all OSHA requirements are met and a safety officer assigned to the project for the duration of this contract. Use of Local Resources As per FEMA regulations, the Contractor(s) shall give first priority to utilizing resources located within the disaster area, including but not limited to, procuring supplies and equipment, awarding subcontracts and employing workers. On -Site Proiect Manager The Contractor(s) shall provide an on-site project manager to the County. The project manager shall provide a telephone number to the County with which he or she can be reached for the duration of the project. The project manager will be expected to have daily meetings with the County Debris Manager and/or County -authorized representatives. Daily meeting topics will include, but not limited to, volume of debris collected, completion progress, County coordination, and damage repairs. Frequency of meetings may be adjusted by the County Debris Manager. The Contractor(s)' project manager must be available twenty-four (24) hours a day, or as required by the County Debris Manager. Equipment a. All trucks and other equipment must comply with all applicable local, state, and federal rules and regulations. Any truck used to haul debris must be capable of rapidly unloading its load without the assistance of other equipment, be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity. Hauling equipment without a tailgate or no solid tailgate cannot be compacted to its full capacity; therefore, such equipment will receive a maximum of 85% of the certified hauling capacity for reimbursement purposes. b. Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and regulations, cover the front and both sides, and are constructed in a manner to withstand severe operating conditions. The sideboards are to be constructed of two (2) inch by six (6) inch boards or greater and not to extend more than two (2) feet above the metal bedsides. Trucks or equipment certified with sideboards must maintain such sideboards and keep them in good repair. In order to ensure compliance, equipment will be inspected by the County's authorized representatives prior to its use by the Contractor(s). C. Debris shall be reasonably compacted into the hauling vehicle. Any debris extending RFP-602702-16/GCM — Disaster Debris Hauling Services above the top of the bed shall be secured in place to prevent it from falling off. Measures must be taken to avoid the debris blowing out of the hauling vehicle during transport to a County -approved DMS or a County -designated final disposal site. d. Trucks or equipment designated for use under this contract shall not be used for any other work. The Contractor(s) shall not solicit work from private citizens or others to be performed in the designated work area during the period of this contract. Under no circumstances will the Contractor(s) mix debris hauled for others with debris hauled under this contract. e. Equipment used under this contract shall be rubber tired and sized properly to fit loading conditions. Excessive size equipment (100 cubic yards and up) and non -rubber tired equipment must be approved for use on the road by the County Debris Manager. f. Hand -loaded vehicles are prohibited unless pre -authorized, in writing, by the County Debris Manager, following the event. All hand -loaded vehicles will receive an automatic fifty percent (50%) deduction for lack of compaction. Traffic Control The Contractor(s) shall mitigate the impact of their operations on local traffic to the fullest extent practical. The Contractor(s) is responsible for establishing and maintaining appropriate traffic controls in all work areas, including DMS(s) and debris collection sites. The Contractor(s) shall provide sufficient signing, lights, flagging and barricading to ensure the safety of vehicular and pedestrian traffic in all work areas. All work shall be done in conformity with all applicable local, state, and federal laws, regulations, and ordinances governing personnel, equipment, and work place safety including the US Department of Transportation's Manual on Uniform Traffic Control Devices Part VI. Any notification of a deficiency in traffic control or other safety items shall be immediately corrected by the Contractor(s). No further work shall take place until the deficiency is corrected. Neither the County Debris Manager nor the authorized representative shall sign any additional load or unit rate tickets until the safety item is corrected. The expense incurred by the Contractor for traffic control is an overhead expense contemplated as part of the Contractor's compensation under the terms and conditions of Scope of Services Rapid Response Crew Contractor(s) shall be required to provide the County with access to one or more Rapid Response Crews (RRC) as directed by the County. The purpose of the RRC is to respond immediately to disaster -related debris piles as directed by the County Debris Manager or the County's authorized representative. The RRC assists in the overall cleanup effort by responding to and collecting disaster -related debris that the County deems a priority for overall County recovery. Work Hours The Contractor(s) shall conduct those debris removal operations generating noise levels above that normally associated with routine traffic flow, during daylight hours only. Work may be performed seven (7) days per week. Adjustments to work hours, as local conditions may dictate, shall be coordinated between the County and the Contractor(s). Unless otherwise directed, the Contractor must be capable of conducting volumetric reduction operations at DMS locations on a twenty-four (24) hour, seven (7) days a week basis. Liquidated Damages Should the Contractor fail to complete requirements set forth in this scope of work, the County will suffer damage. The amount of damage suffered by the County is difficult, if not impossible to determine at this time. Therefore, the Contractor shall pay the County, as liquidated damages, RFP-602702-16/GCM — Disaster Debris Hauling Services the following: a. The Contractor shall pay the County, as liquidated damages, $1,000.00 per calendar day of delay to mobilize in the County with the resources required to begin debris removal operations, within seventy-two (72) hours of being issued Release Orders. The Contractor shall pay the County, as liquidated damages, $1,000.00 per load of disaster debris collected in the County that is not disposed of at a County -approved DMS or County -designated final disposal site. Application of liquidated damaged does not release the Contractor of all liability associated with hauling and depositing material to an unauthorized location. C. The Contractor shall pay the County, as liquidated damages, $100.00 per incident where the Contractor fails to sufficiently clean collection site(s) so that no loose leaves and small debris in excess of one bushel basket remain, no debris is left on the road surface and no single piece of debris larger than six (6) inches remains on-site. Application of liquidated damages does not release the Contractor from the responsibility of sufficiently cleaning collection site(s). d. The Contractor shall pay the County, as liquidated damages, $500.00 per incident where the Contractor fails to repair damage that is caused by the Contractor or Subcontractor(s). Application of liquidated damages does not release the Contractor from the responsibility of resolving or repairing damages. The amounts specified above are mutually agreed upon as reasonable and proper amount of damage the County should suffer by failure of the Contractor to complete requirements set forth in the scope of work. Payment of Subcontractors: Final and complete payment will be made on the basis of completion and acceptance by the City of the work performed under the contract and receipt of satisfactory evidence that all payrolls, bills for materials, have been paid in full. Payments of subcontractors shall be made in compliance with §218.735 (6) et sq. Florida Statutes. The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final payment until said bills or charges are paid. Damages The Contractor(s) shall repair any damage caused by the Contractor's equipment in a timely manner at no expense to the County. If there is disagreement between a resident and Contractor(s) as to the repair of damage, the County shall decide and make the final determination on the repair. Any damage to private property shall be repaired at the Contractor's expense. Failure to restore damage to public property or private property to the satisfaction of the County will result in the County withholding retainage money in an amount sufficient to make necessary repairs. To the extent that the County deems the Contractor(s) negligent in management practices, the County may withhold from retainage money or invoice the Contractor(s) for time and material costs associated with resolving issues or damage related to the Contractor's work. Existing Utilities Some trees and debris that are to be removed under this contract may be blocked or entangled with overhead power, telephone, and television cables. In this case, it shall be Contractor's responsibility to coordinate directly with the utility owners to arrange for the removal of the debris without damage to the overhead and underground utility lines RFP-602702-16/GCM — Disaster Debris Hauling Services (i.e. water and sewer). The Contractor(s) shall pay all such costs to the utility company for any adjustments. b. The County may choose either to have the Contractor(s) make the necessary repairs or have the Contractor(s) pay all costs incurred to repair damaged utilities that are a result of the Contractor, as determined by the affected utility company. Repairs to all municipal and privately owned utilities shall be made by the Contractor(s). Debris Site Tower Specifications a. The Contractor(s) shall provide as many towers as designated by the County at each debris management site for the use of County -authorized representatives during their inspection of dumping operations. If ingress and egress of a DMS is of significant distance that the County or its authorized representative are unable to verify the entering and exiting trucks, then the Contractor(s) may be required to provide a second tower. The inspection platform of the tower shall be constructed at a minimum height of ten (10) feet from surrounding grade to finish floor level, have a minimum eight (8) feet by eight (8) feet of usable floor area, be covered by a roof with two (2) feet overhangs on all sides and be provided with appropriate railings and a stairway. Platform shall be enclosed, starting from platform floor level and extending up four (4) feet on all four (4) sides. The expense incurred by the Contractor for the construction of towers is an overhead expense contemplated as part of the Contractor's compensation under the terms and conditions of Scope of Services. b. Care shall be taken to place tower(s) at a sufficient distance away from any reduction/dumping operations. If necessary, dumping operations may be temporarily suspended by the County Debris Manager due to unsuitable conditions at the tower. Facilities at DMS Locations a. The Contractor(s) shall provide as many portable toilets as designated by the County at each dumpsite for the use of County -authorized representatives during their inspection of dumping operations. The toilet shall be provided prior to start of any dumping operations and kept in a sanitary condition by the Contractor(s) throughout the duration of dumping operations. The expense incurred by the Contractor(s) for the operation of portable toilets is an overhead expense contemplated as part of the Contractor's compensation under the terms and conditions of Scope of Services. Ownership of Debris All debris residing in the County ROW and County provided DMS(s) shall be the property of the County until final disposal at a properly permitted disposal site. Environmental Protection a. Any and all fluids or chemicals (work-related materials such as oil-dri, absorbents, etc.) used by the Contractor(s) must be used and disposed of in accordance with all rules and regulations of local, state and federal regulatory agencies. b. Contractor(s) and subcontractors shall not perform maintenance on over -the -road equipment at DMSs. Maintenance of equipment that typically remain at the DMS (e.g., track hoes, front end loaders, grinders, etc.) may be conducted at the DMS provided best management practices are followed and all wastes are managed and disposed of in accordance with all rules and regulations of local, state and federal regulatory agencies. C. The Contractor(s) shall, at its own expense, ensure that noise and dust pollution is minimized to comply with all local and state ordinances and the approval of the County RFP-602702-16/GCM — Disaster Debris Hauling Services Debris Manager. The Contractor(s) shall comply in a timely manner with all directions of the County Debris Manager regarding the use of a water truck or other approved dust abatement measures. d. The Contractor(s) shall comply with all laws, rules, regulations, and ordinances regarding environmental protection. e. The Contractor(s) shall immediately report and document all incidents to the County Debris Manager or the authorized representative that affect the environmental quality of DMS(s) such as, but not limited to, hydraulic fluid leaks, oil spills or fuel leaks. f. The Contractor must notify the County regarding any fluid or chemical spillage so that the County or its authorized representative can review and approve of the cleanup. Documentation and Measurement a. Contractor is responsible for ensuring that all labor and equipment used for Emergency Push activities is certified and that logs are kept for starting days/times, ending days/times, and zones, areas, and streets worked. b. All Contractor(s) trucks used for collection and hauling of eligible debris from the County ROW to County -approved DMSs or County -designated final disposal sites shall be measured (inside bed measurements) and certified for cubic yard volume by the County or County -authorized representative. The Contractor shall provide a representative to attest to the certification/measuring process. It is the Contractor's responsibility to verify the accuracy of truck certifications within 48 hours of truck certification (and notify the County of any discrepancies). Placards will be attached to both sides of each certified truck and shall clearly state the truck measurement in cubic yards, Contractor name, assigned truck number, and other pertinent information, as determined by the County Debris Manager. If a vehicle is working under multiple contracts or for multiple communities, it must be re -certified and issued a new placard by a County -authorized representative each time it returns to work from other contracts or communities. C. The Contractor(s) is responsible for ensuring that all subcontractors maintain a valid driver's licenses and equipment legally fit for travel on the road. d. Load tickets will be provided by the County or its authorized representative for recording volumes of debris removal. Unit rate tickets will be provided by the County or its authorized representative for documenting unit rate services, such as hanger or leaning tree removal. Only tickets designated and approved by the County will be authorized for use. • Each ticket shall be of a type that consists of one original and four carbon -copy duplicates. Each ticket shall be used to document the location the disaster -related debris was collected (i.e., street address) and the amount picked up, hauled, reduced and disposed of. Contractor(s) are responsible for ensuring all load and unit rate tickets capture location debris or work was completed, collection/disposal date, disposal location, percentage load call or measurement and County -authorized representative name and signature. No payment will be made by the County for incomplete load or unit rate tickets submitted for payment. Load tickets will be issued by an authorized representative of the County at the collection site. The County -authorized representative will complete the applicable portion of the load ticket, and provide all five copies to the vehicle RFP-602702-16/GCM — Disaster Debris Hauling Services operator. Upon arrival at the DMS or County -designated final disposal site, the vehicle operator will present the five copies of the load ticket to the County - authorized representative on-site. Trucks with less than full capacities will be adjusted down by visual inspection. This determination will be made by the County -authorized representative present at the DMS or County -designated final disposal site. The County -authorized representative will validate, enter the estimated debris quantity, and sign the load ticket. The County will keep the original copy, two (2) copies will be given back to the vehicle operator, and the remaining two (2) copies will be provided to the Contractor. Loads of processed (e.g., chipped) debris being hauled from a DMS to a County - designated final disposal site will follow the same load ticket procedures. A County -authorized representative will initiate the load ticket at the DMS. Another County -authorized representative will validate and sign the ticket at the County - designated final disposal site. • The Contractor(s) shall give written notice of the location for work scheduled twenty-four (24) hours in advance. e. Recent technological advancements have allowed for electronic or automated documentation of debris removal. The use of an Automated Debris Management System (ADMS) is at the discretion of the County and its authorized representatives. The successful Proposer should be prepared to manage a debris removal operation that is documented using both paper based and electronic systems. f. Scope of Service items that have rates based on one-way haul mileage shall have such mileage determined by use of a Geographic Information System (GIS) geocoding and routing analysis of the mileage between load origin and DMS or County Designated Final Disposal site. The County shall determine the mileage calculation methodology that is ultimately utilized. Payment a. The County, or its authorized representative, will monitor, verify, and document with load tickets or unit rate tickets the completion of all work, as defined in the scope of work. The Contractor(s) will be provided with copies of this documentation. These documents will be used by the Contractor as backup data for invoice submittals. Work not ticketed or not authorized by the County will not be approved for payment. Additionally, any ticket submitted for payment must be properly completed. Tickets missing loading address, truck number, certified capacity, collection monitor signature, disposal site, load call or disposal monitor signature will not be paid, nor will the County be responsible for unpaid incomplete tickets. b. Private property and FHWA-ER funded roadway debris removal operations will be invoiced separately from ROW collection removal operations. The County reserves the right to request additional invoice separation by debris type (C&D, vegetative debris, HHW, etc.), program (ROW collection, private property debris removal, etc.) and/or applicant(s) (municipalities located within the County). C. Invoices, with the exception of the final invoice, shall be submitted to the County's authorized representative on a weekly basis with the understanding that payment will be in accordance with the agreement. The invoice detail must consist of a tabular report listing all ticket information required by the County. Invoice detail submittals will be checked against County records. d. Contractor(s) must submit a final invoice within thirty (30) days of completion of scope of RFP-602702-16/GCM — Disaster Debris Hauling Services work. Completion of scope of work will be acknowledged, in writing, by the County Debris Manager. The final invoice must be marked "FINAL INVOICE" and no additional payments will be made after the Contractor's final invoice. e. A ten percent (10%) retainage will be withheld from each reconciled invoice until the end of the project. In order to recover the retainage, the Contractor(s) must successfully complete, and receive a letter of completion from the County, for all work zones. Retainage will be held until final reconciliation is complete. Portions of the retainage may be held by the County to repair damage caused by the Contractor(s) to public or private property. f. No separate payment will be made for mobilization and demobilization operations. These costs are to be included in the respective unit prices bid for debris removal and will not be adjusted based on the total amount of debris actually removed in the contract. g. The Contractor is responsible for payment to all subcontractors utilized for the services rendered within this scope of work. The Contractor shall execute release waivers with all subcontractors to release the County from payment to subcontractors directly. The release waivers for all subcontractors shall be provided to the County prior to final retainage release. h. Payment for disposal cost incurred by the Contractor(s) at County -designated final disposal sites will be made at the cost incurred by the Contractor. The Contractor(s) must submit a copy of all applicable disposal site permits, the agreement with the disposal site including rates, a copy of the invoice(s) received by the County -designated final disposal site, an electronic copy tabulating all scale or load tickets issued by the County -designated final disposal site, and proof of Contractor payment to the County - designated final disposal site. Although the County does not foresee mileage in excess of the ranges provided in Schedule 1 — Unit Rate Price Schedule, the County may grant the Contractor a unit rate price adjustment for one-way haul distances beyond the maximum mileage category provided in Schedule 1 — Unit Rate Price Schedule. The Contractor shall notify the County as soon as the Contractor has determined a one-way haul distance as extraordinary or unusual. As part of the notification to the County, the Contractor must provide substantial proof or justification to support the need for a unit price adjustment for one-way haul distances beyond the maximum mileage category. In the event any portion of this scope of work is to be funded by state or federal funds, the Contractor will comply with all requirements of the state or federal government applicable to the use of the funds. The County will only pay for those items deemed eligible by FEMA or FHWA unless the County otherwise agrees in writing. k. The Contractor will retain all records pertaining to the services and the contract for these services and make them available to the County for a period of seven (7) years following receipt of final payment for the services referenced herein. NOTE: A Performance Bond will be required for this project. RFP-602702-16/GCM — Disaster Debris Hauling Services 40 Part 5 PRICE PROPOSAL PROJECT TITLE: RFP-602702-16/GCM Term Contract for Disaster Debris Hauling Services Name of Proposer: TAG Grinding Services, Inc. Mailing Address: 1750 Powder Springs Road, Suite 1g0 City/State/Zip: Marietta, Georgia 30064 Phone Number: Cf 78j 540-5001 E-Mail Address: Jefry@taggrinding.com FAX Number.- E-Mail umber: 77( 0 ) 672-6775 Pursuant to and in compliance with the Request for Proposals, the undersigned Proposer agrees to perform the Work in strict conformity with Contract Documents, including Addenda Nos. through , on file for the rates hereinafter set forth. The undersigned Proposer declares that the only persons/parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any person, firm or corporation; and proposes and agrees that, if the proposal is accepted, Proposer will execute an Agreement with the COUNTY and will furnish Insurance Certificates, COST PROPOSAL: Proposer shall include all costs including, but not limited to general administrative overhead; fringe and benefits; profit; transportation of material to the project site; tools, equipment and related items; and all, incidental necessary for the performance of the work. The County will generate examples with estimated quantities to determine the apparent lower Proposer. These estimated quantities will be applied to the Proposer prices and the appropriate weight will be assigned based on the Price Proposal Factor in the Evaluation Criteria. *Tipping Fees will not be included in the Price Schedule* Cost Proposal consist of: Schedule 1: Unit Rate Price Schedule Schedule 2: Hourly Equipment and Labor Price Schedule 41 SCHEDULE 1 -UNIT RATE PRICE SCHEDULE Refer to the Scope of Services for additional description of Work Eligible ROW Vegetative Debris Removal Work consists of the collection and transportation of Eligible vegetative debris on the ROW to a County approved DMS location or County Designated Final Disposal Site. Mileage is based on one way haul distance. $ Per Cubic -Yard 2 0 - 14.99 miles $ 6.95 15 - 29.99 miles $ 7.35 30 miles or greater $7.75 Eligible ROW C&D Debris Removal Work consists of the collection and transportation of Eligible CSD debris on the ROW to a County Designated Final Disposal Site. Mileage is based on one way haul distance. $ Per Cubic -Yard 3 0 - 29.99 miles $8.37 30 - 59.99 miles $ 9.49 60 - 89.99 miles $ 10.61 90 miles or greater $ 15.00 Eligible Demolition, Removal, Transport and Disposal of Non-RACM Structures Work consists of the decommissioning, demolition and disposal of Eligible Non-RACM Structures on public or private property and hauling the resulting debris to a County Designated Final Disposal Site. Mileage Is based on one way 7er ubic-Yard haul distance. 4 1 0 - 29.99 miles 1$45.00 30 - 59.99 miles $ 47.50 60 - 89.99 miles $ 52.00 90 miles or greater 1$ 58.00 Eligible Demolition, Removal, Transport and Disposal of RACM Structures Work consists of the decommissioning, demolition and disposal of Eligibie RACM Structures on public or private property and hauling the resulting debris to a County Designated Final Disposal Site. Mileage is based on one way $ Per Cubic -Yard haul rlidnnro 5 0-29.99 miles s E30- 59.99 miles $- 69.99 miles $ 90 miles or greater $� DMS Management and Reduction of Through Grinding i Per Cubic 6 Work consists of management and operation of DMS locations forthe reduction of Eligible disaster related debris $ 3.50 through grinding. FVVOr&l nagement and Reduction of Through Air Curtain Incinerators i Per sists of management and operation of DMS locations for the reduction of Eligible disaster related debris $ 2.50 ir curtain incineration. DMS Management and Reduction of Through Controlled Open Burning a tl Work consists of management and operation of DMS locations for the reduction of Eligible disaster related debris$ 2.25 through controlled open burning. 42 SCHEDULE 1 - UNIT RATE PRICE SCHEDULE CONTINUED 9 Haul -out of Reduced Eligible Debris to a County Designated Final Disposal S(te Wo k consists of loading and transporting reduced Eligible disaster related debris at a County approved DMS location S Per Cubic•Yard to a County Designated Final Disposal Site. Mileage is based on one way haul distance. 0 - 14.99 miles 1$3.25 29.99 miles $ 3.50 .9 miles $ 3.95 59.99 miles $ 4.50 23.11449 74.99 miles $ 5.25- 99.99 miles $ 6.25s or greater $ 7.50 wal of Eligible Hazardous Leaning Trees and Eligible Hanging Limbs consists of removing Eligible hazardous leaning trees or hanging limbs and placing them on the safest possible m on the County ROW for collection the under terms and conditions of scope of services item 2, Eligible ROW 3tive Debris Removal (Collect & Haul) $ Per Tree 6 inch to 12.99 Inch diameter Eligible Leaning Tree 1$35.00 10 13 inch to 24.99 inch diameter Eligible Leaning Tree S 75.00 25 inch to 36 99 inch diameter Eligible Leaning Tree $ 150.00 37 inch to 48.99 inch diameter Eligible Leaning Tree $250.00 49 inch and larger diameter Eligible Leaning Tree $ 350.00 Removal of all Eligible Hanging Limbs (per Tree) $72.00 Removal of Eligible Hazardous Stumps Work consists of removing Eligible hazardous stumps and transporting resulting debris on the ROW to a County $ Per Slum approved DMS location or County Designated Final Disposal Site. p 11 24.1 inches to 36.99 inch diameter Eligible Stump $250.00 37 Inch to 48.99 inch diameter Eligible Stump $ 350.00 49 inch and larger diameter Eligible Stump $ 450.00 Eligible Household Hazardo$Per Gall us Waste Removal, Transport and Disposal on 12 Work consists of the removal, transportation and proper disposal of Eligible Household Hazardous Waste (HHW) at a S 15.00 pennilled Hazardous Waste TSDF Eligible ROW White Goods Debris Removal (Collect & Haul) Work consists of the removal of Eligible white goods from the ROW to a designated County approved DMS location. The Contractor shall also be responsible for the transportation of Eligible white goods from the designated County $ Per Unit 13 approved DMS location to a County designated facility for recycling. Refrigerators and freezers requiring refrigerant recovery and decontamination $ $$-00 Washers, dryers, stoves, ovens, AC units, and hot water heaters S 28.00 Eligible EScrep Item Removal $ Per Unit 14 Work consists of the recovery and recycling of Eligible E -Scrap such as televisions, computers, computer monitors, S 15.00 and microwaves unless otherwise specified in writing by the County. 15 Eligible Dead Animal Carcasses Work consists of the recove and dts sal of dead animal carcasses. $ Per Pound $ .95 43 SCHEDULE 2 - HOURLY EQUIPMENT AND LABOR PRICE SCHEDULE Equipment Type With Operator Hourly Labor Rate Air Curtain Burner, Self -Contained System 135.00 Bobcat Loader 55.00 50' Bucket Truck 135.00 Crash Truck w/Impact Attenuator 250.00 Dozer, Tracked, D4 or Equivalent 110.00 Dozer, Tracked, D6 or Equivalent 175.00 Dozer, Tracked, D7 or Equivalent 195.00 Dozer, Tracked, D8 or Equivalent 210.00 Dump Truck, 10 CY-17 CY 55.00 Dump Truck, 18 CY-20 CY 60.00 Dump Truck, 21 CY-30 CY 65.00 Generator, 16 to 100 kW, List kW Capacity 60 kw 650.00 Generator, 210 to 350 kW, List kW Capacity 250 kw 1500.00 Generator, 1,100 to 2,500 kW, List kW Capacity 2.5 mw 3250.00 Light Plant with Fuel and Support 55.00 Grader w/12' Blade 150.00 Hydraulic Excavator, 1.5 CY 110.00 Hydraulic Excavator, 2.5 CY 115.00 Knuckleboom Loader 85.00 Lowboy Trailer w/Tractor 110.00 Mobile Crane up to 15 Ton 175.00 Pump, 40 to 140 HP (Minimum 25' Intake and 200' Discharge to Include Fuel and Support Personnel) 350.00 Pump, 200 HP to 350 HP (Minimum 25' Intake and 200' Discharge to Include Fuel and Support Personnel 450.00 Pump, 500 HP to 650 HP (Minimum 25' Intake and 200' Discharge to Include Fuel and Support Personnel) 650.00 Vac Truck (Mist Capacity), List Capacity 75.00 Pickup Truck, .5 Ton 45.00 Skid -Steer Loader, 1,000 LB Capacity 55.00 Skid -Steer Loader, 2,000 LB Capacity 55.00 Tub Grinder, 800 to 1,000 HP 550.00 44 Equipment Type With Operator Hourly Labor Rate Track Hoe - John Deere 690 of Equivalent 115.00 Truck, Flatbed 75.00 4 Wheel Drive Lift for Tower 55.00 Water Truck (Non -Potable, Dust Control and Pavement Maintenance) 65.00 Wheel Loader, 2.5 CY, 950 or Similar 75.00 Wheel Loader, 3.5 - 4.0 CY, 966 or Similar 85.00 Wheel Loader, 4.5 CY, 980 or Similar 100.00 Wheel Loader -Backhoe, 1.0 -1.5 CY 85.00 Labor Category Hourly Labor Rate Operations Manager w/Cell Phone and Pickup 85.00 Crew Foreman w/Cell Phone and Pickup 65.00 Tree Climber/Chainsaw and Gear 135.00 Laborer w/Chain Saw 35.00 Laborer w/Small Tools, Traffic Control, or Flagperson 30.00 Bonded and Certified Security Personnel 35.00 Crew Category Hourly Labor Rate Wheel Loader, 2.5 CY, 950 or Similar w/Operator, Foreman with Support Vehicle and Small Equipment, Laborer w/Chain Saw, and 195.00 2 Laborers w/Small Tools. Board of County Commissions FLORIDA SALES: 66-11-033665-53C Seminole COLinty, Flotide FEDERAL SALES USE 59-71-00,3K PURCHASE ORDER EXHIBIT " 8 " ORDER NUMBER: - 'IN dZIRIM32mumi ADMMTRATNE 8SWES DEPARTMENT- PURCHASING AND CONTRACTS DNIBIDN 1101E. 131 MEET - COUNTY SERVICES BLDG, RM. LkWWD FLORIDA 32771 PHOHE (40T) BSS7110! FNE (407) SBS7A86 CLERIC - B.C.C. FINANCE DIVISION POST OFFICE BOX 8080 SANFORD, FL 32772.0869 PURCHASING AND CONTRACTS DIVISION -AUTHORIZED SIGNATURE Acral. Payable Inquiries, Ptwlse (407) 665.7681 for: SEMINOLE COUNTY BOARD OF COUNTY COMMISSIONERS Terms and Conditions 1. AGREEMENT, This Purchase Order Including these terns, conditions, and other referenced documents such as solicitations, specifications, and responses constitute the sole and entire agreement between the parties hereto. The County does hereby retain the Supplier to furnish those servicesloommodities and perform those tasks as described in this purchase order and as further described in the scope of services, attached hereto and incorporated herein, If applicable. This order shall be construed and Interpreted under the laws of the State of Florida. Jurisdiction and venue, with respect to any suit in connection with this order, shall reside in Seminole County, Florida. 2. DELIVERY OF GOODS AND SERVICES. Failure to deliver the items or provide the service hereby ordered strictly within the time specified shall enttle the County to cancel this order holding the Supplier accountable therefore, and may charge the Suppler with any Increased cost or other loss incurred thereon pursuant to Chapter 672 of the Florida Statutes, unless deferred shipment is requested and agreed to by the County in writing. Payment or acceptance of any Item after the delivery dale stall not constitute a waiver of the County's right to cancel this order with respect to subsequent deliveries. 3. WARRANTY. Supplier warrants all materials and services covered by this order to conform strictly to the specifications, drawings, or samples as specified or furnished, and to be free from latent or patent defects in material or workmanship. If no quality is specified, the Supplier warrants to County that the goods or service shall be of the best grade of their respective kinds, or will meet or exceed the applicable standards for the Industry represented, and is fit for County's particular purpose. Supplier further warrants that at the time the goods or services are accepted by County, they shall have been produced, sold, delivered, and furnished In strict compliance with all applicable Federal and State laws, municipal ordinances, regulations, rules, labor agreements, and working conditions to which the goods or services are subject In addition to, and not in lieu of the above, that at the time of acceptance, the goods or services are applicable, meet or exceed the applicable standards imposed by (a) Consumer Product Safety Act, (b) Occupational Safety and Health Act (Public Law 91- 5961, as amended, (c) Fair Labor Standards Act, as amended, and (d) the goods and services furnished hereunder are free of any claims or liens of whatever nature whether rightful or otherwise of any person, corporation, partnership, or association. 4. MODIFICATIONS. This order can be modified or resdnded only in writing by the parties or their duly authorized agents. 5. TERMINATION. The County may, by written notice to the Supplier, terminate this order, in whole or in pari, of any time, either for the County's convenience or because of the failure of the Supplier to fulfill Suppliers agreement obligations. Upon receipt of such notice, Supplier shall discontinue all deliveries affected unless the notice directs otherwise. In such event, County shall be liable only for materials or components procured, or work done, or supplies partially fabricated within the authorization of this order. In no event shall County be liable for incidental or consequential damages by reason of such termination. 6. INDEMNIFICATION. Supplier agrees to protect, Indemnify, save, and hold harmless County, its offs errs, and employees from and against all losses, costs, and expenses, and from and against all claims, demands, suits, and actions for damages, losses, costs, and expenses and from and against all liability awards, claims of patent Infringement judgments, and decrees of whatsoever nature for any and all damages to property of the County or others of whatsoever nature and for any and all injury to any persons arising out of or resulting from the negligence of Supplier, breach of this order in the manufacture of goods, from any defect in materials or workmanship, from the failure of the goods to perform to its full capacity as specified in the order, specification, or other data, or from the breach of any express or implied warrents. The remedies afforded to the County by this cause are cumulative with, and in no way effect any other legal remedy the County may have under this order or at law. 7. INSURANCE. Supplier shall obtain and maintain in force adequate insurance as directed by the County. Supplier may also be required to carry workers' compensation Insurance in accordance with the laws of the State of Florida. Supplier shall fumish County with Ceriificate of Insurance for all service related purchase orders and other specialized services performed at Supplier's location. Any certificate requested shall be provided to the Purchasing and Contracts Division within lin (10) days from notice. Supplier shall notify the County in the event of cancellation, material change, or altercation related to the Supplier's Insurance Certificate. All policies shall name Seminole County as an additional Insured. 8. INSPECTION. All goods and services are subject to inspection and rejection by the County at any time including during their manufacture, construction, or preparation notwithstanding any prior payment or Inspection. Without limiting any of the rights it may have, the County, at is option, may require the Supplier, at the Supplier's expense, to: (a) promptly repair or replace any or all rejected goods, or to cure or re - Perform any or all rejected services, or (b) to refund the price of any or all rejected goods or services. All such rejected goods will be held for the Supplier's prompt inspection at the Suppfler's risk. Nothing contained herein shall relieve, in any way, the Supplier from the obligation of testing, Inspection, and quality control. 9. TAXES. Seminole County Government is a non-profit organization and not subject to tax. 10. FLORIDA PROMPT PAYMENT ACT. Suppliers shall be paid In accordance with the State of Florida Prompt Payment Ad, Section 218.70, Florida Statutes, upon submission of proper invoice(s) to County Finance Department, P. 0. Box 8080, Sanford, Florida 32772, Invokes are to be billed at the prices stipulated on the purchase order. Alf Invoices must reference Seminole County's order number. 11. PAYMENT TERMS. it shall be understood that the cash discount period to the County will be from the date of the invoice and not from the receipt of goods/services. 12. PRICE PROTECTION. Supplier warrants that the pdoe(s) set forth hereln are equal to the lowest net price and the terns and conditions of sale are as favorable as the price(s), terms, and conditions afforded by the Supplier to any other customer for goods or services of comparable grade or quality during the tens hereof. Supplier agrees that any price reductions made in the goods or services covered by this order, subsequent to its acceptance but prior to payment thereof, will be applicable to this order. 13. PACKAGING AND SHIPPING. Unless otherwise specified, all products shall be packed, packaged, marked, and otherwise prepared for shipment in a manner that Is: (a) in accordance with good commercial practice; and (b) acceptable to common carriers for shipment at the lowest rate for the particular product, and in accordance with ICC regulations, and adequate to insure safe arthral of the product at the named destination and for storage and protection against weather. Supplier shall mark all containers with necessary lifting, handling, and shipping Information, and also this order number, dale of shipment, and the name of the consignee and consignor. An itemized packing sheet must accompany each shipment All shipments, unless specified differently, shall be FOB destination. 14. QUANTITY. The quantities of goods, as indicated on the face hereof, must not be exceeded without prior written authorization from County. Excess quantities may be returned to Supplier at Supplier's expense. 15. ASSIGNMENT. Supplier may not assign, transfer, or subcontract this order or any right or obligation hereunder without Countys written consent Any purported assignment transfer arsubcontract shall be null and void. 16. EQUAL OPPORTUNITY EMPLOYER. The County is an Equal Employment Opportunity (EEO) employer, and as such requires all Suppliers or vendors to comply with EEO regulations with regards to gender, age, race, veteran status, country of origin, and creed as may be applicable to the Supplier. Any subcontracts entered into shall make reference to this clause with the same degree of application being encouraged. When appkloabe, the Suppliershall comply with all State and Federal EEO regulations. 17. RIGHT TO AUDIT RECORDS. The County shall be entitled to audit the books and records of Supplier to the extent that such books and records relate to the performance of the order or any supplement to the order. Supplier shall maintain such books and records for a period of three (3) years from the date of final payment under the order unless the County otherwise authorizes a shorter period in writing. 18. FISCAL YEAR FUNDING APPROPRIATION. Unless otherwise provided by law, a order for supplies and/or services may be entered into for any period of time deemed to be in the best interest of the County provided the term of the order and conditions of renewal or extension, If any, are Included in the solicitations, and funds are available for the Initial fiscal period of the order. Payment and performance obligations for succeeding fiscal periods shall be subject to the annual appropriation by County. 19. FAILURE TO ACCEPT PURCHASE ORDER. Failure of the Supplier to accept the order as specified may be cause for cancellation of the award, Suppliers who default are subject to suspension and/or debarment 20. AGREEMENT AND PURCHASE ORDER IN CONFLICT, Whenever the terms and conditions of the Matn/Master Agreement conflict with any Purchase Order Issued Pursuant to it, the Mairiftster Agreement shall prevail. 21. FLORIDA PUBLIC RECORDS ACT. Vendor must allow public access to all documents, papers, letters or other materiel, whether made or received in conjunction with this Purchase Order which are subject to the pubkc records ad, Chapter 119, Fborida Statutes. Rev. 3/2014 Bond Number 016072828 PERFORMANCE BOND ($500,000.00) Seminole County Contract No. RFP-602702-16/GCM KNOW ALL MEN BY THESE PRESENTS that: TAG Grinding Services, Inc. (Name of CONTRACTOR) 1750 Powder Springs Rd., Suite 190-171, Marietta, GA 30064 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and (Address of Surety) Surety's Telephone Number: 678-540-5001 Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street, Boston, MA 02116 617-357-9500 hereinafter called "Surety", are held and firmly bound unto SEMINOLE COUNTY, 1101 East First Street, Sanford, Florida 32771, hereinafter called "COUNTY", in the sum of FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($500.000.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than five hundred thousand ($500,000.00). COUNTY's telephone number is (407) 665-7116. THE CONDITION OF THIS OBLIGATION is suchiat whereas, t e Principal entered into a certain Agreement with COUNTY, dated the i% . day of , 204la copy of which is hereto attached and made a part hereof for the constructio of:Term Contra t for Disaster Debris Hauling Services (RFP-602702-16/GCM) Legal Description of Property: Seminole County Disaster Debris Hauling Services PERFORMANCE BOND 00600-1 Revised 3/12/2012 Pagel of 5 General description of the work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for disaster debris, removal, reduction. disposal, and other emergency cleanup services following a disaster event. This Performance Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statues, and the Agreement referenced above, as the same may be amended. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited, to the guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement; and 2. Pays COUNTY all liquidated damages, losses, damages, delay damages, expenses, costs, and attorneys' fees, including costs and attorneys fees on appeal that COUNTY sustains resulting from any breach or default by Principal under the Agreement then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part, except that the coverage of the Performance Bond is limited to five hundred thousand ($500,000.00). In the event that the Principal shall fail to perform any of the terms, covenants, and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to COUNTY for all such direct loss or damage (including reasonable attorneys' fees and costs and attorneys' fees and costs on appeal) resulting from any failure to perform, up to $500,000.00 and for indirect damages as determined by COUNTY up to an additional twenty percent (20%) over the adjusted Contract Price. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold COUNTY harmless from any and all loss, damage, cost, and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting from the Surety's failure to fulfill its obligations hereunder up to $500,000.00. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under this Performance Bond. The following preventative options by the Surety are encouraged: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents; and (ii) Surety's offers to COUNTY to buy back this Performance Bond;. (iii) take over performance of the Principal's work and be the completing Surety even if performance of the Principal's work exceeds the adjusted Principal's Contract Price; or (iv) re -bid and re -let the Principal's work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's work and furnishing adequate funds to complete the PERFORMANCE BOND 00600-1 Revised 3/12/2012 Page 2 of 5 work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the remaining Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by COUNTY. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon COUNTY's pursuit of its remedies against Principal; however, such obligation shall only arise upon a declaration of default of the Principal and shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by COUNTY and Principal without Surety's knowledge or consent; and (ii) the discharge of Principal as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar State or Federal law, or any limitations of the liability of Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or non- compliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Performance Bond and Surety hereby waives notice of any such changes. However, in the event Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement and Contract Documents are executed exceeding one hundred percent (100%) of the Contract Price, the Surety shall be notified by COUNTY of such increased by COUNTY, and the Principal shall be required to increase the sum of this Performance Bond to be commensurate with the increased Contract Price. The Surety's liability to COUNTY shall not be reduced should COUNTY directly purchase for the purpose for Sales Tax Recovery certain components and materials to be utilized in the work done by the Principal pursuant to his obligations under the Agreement. Specifically, the Surety shall remain fully liable and bound to COUNTY for the full compliance with the Contract Documents and full performance and function and all warranties of all components and materials, notwithstanding the fact that COUNTY may issue deductive Change Orders and directly purchase such items. This Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. IN WITNESS WHEREOF, this instrument is executed this �dday of ,20 17::: - PERFORMANCE BOND 00600-1 Revised 3/12/2012 Page 3 of 5 ATTEST: By: Secretary Name.1�1 /Til Gil, 8""ICS � Print N e PRI NCI PAUCONTRACTOR TAG Grinding Services, Inc. By: Name: 'Iel-l-W lit, &-boxS Print Narr(e Title: N4tw glt'z tGG� Address: 1750 Powder Springs Rd., Suite 190-171 Marietta, GA 30064 (Surety Signature Page Follows) PERFORMANCE BOND 00600-1 Revised 3/12/2012 Page 4 of 5 ATTEST: By: �, 11I Ivy -in - Margaret S. Meyers Print Name 'wiffiess Debra Tohnson Prin Name Witness Ashlev Burke Print Name SURETY Liberty Mutual Insurance Company By: L' Name: Richard W. Naylor Print Name Title: Attorney-in-fact and FL Agent 1C u Address: 2500 Cumberland Parkway, Suite 400 Atlanta, GA 30339 678-424-6500 NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all venturers shall execute this Performance Bond. If CONTRACTOR is a Partnership, all partners shall execute this Performance Bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by COUNTY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety companies must list their name, address, and telephone number on all Bonds. P:\Users\Legal Secretary CSB\Forms-Purchasing\Performance Bond -Rev March 2012.doc PERFORMANCE BOND 00600-1 Revised 3/12/2012 Page 5 of 5