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RESOLUTION NO. R05- Of ~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH
SETTLED SOLIDS, INC. IN THE AMOUNT OF
$61,184.00 FOR THE REMOVAL OF SAND FROM A
CITY CANAL WHICH V~ILL BE USED TO RESTORE
ADJACENT PROPERTY OWNER'S BACK YARDS TO
PRE-HURRICANE FRANCES CONDITION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, upon
recommendation of staff, deems it to be in the best interests of the citizens and residents of
the City of Boynton Beach, to enter into an agreement with Settled Solids, Inc., in the amount
of $61,840.00 with a $6,184.00 project contingency for the purpose of using a minimally
invasive, patented dry-dredging method to remove sand from a City canal to restore adjacent
property owner's back yards to pre-Hurricane Frances condition; and
WHEREAS, pursuant to City of Boynton Beach Code Section 2-56.1(d), this
procurement is exempt from the bid requirements as a sole source purchase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. The City Conm~ission of the City of Boynton Beach, Florida does
hereby approve and authorize the appropriate City officials to enter into an agreement with
Settled Solids, Inc., in the amount of $61,840.00 with a $6,184.00 project contingency for the
purpose of using a minimally invasive, patented dry-dredging method to remove sand from a
City canal to restore adjacent property owner's back yards to pre-Hurhcane Frances condition
Section 3. This Resolution shall become effective immediately upon passage.
S:\CA\RESO~Agreements\Settled Solids (sand removal).doc
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PASSED AND ADOPTED this [~ day of .-JO-&o~¢1 ,2005.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
M~Pro Tern ~
C o mmip~-c~.~'~/~;~ ~~'-~
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S:\CA\RESO~Agreements\Settled Solids (sand removal).doc
MANAGEMENT, INC.
PO Box 470800, Lake Monroe, FI 32747-0800
(407) 322-0330 (866) 322-0330 Fax (407) 302-1857
Proposal
City of Boynton Beach, Utilities Dept.
124 E. Woolbright Rd., Boynton Beach, FL 33435
Mr. Mark Bobich, Environmental Coordinator & Safety Official
Ph. (561) 742-6420 * Fax (561) 742-6298
Proposed Scope of Project Services:
November 4, 2004
Settled Solids Management, Inc., using a patented system consisting of a Vertical Grit Separator (VGS) with
a hydraulic pump and Hydro-shovel with Extension Handles used to access sand washed into the canal,
proposes to provide the following services:
Scope of Work:
Five to six feet of foundation material beneath the banyan tree has been washed away and is now in
the canal in an area approximately 50' x 60' x 3' deep (approx. 350 cubic yards). This scope of work
describes the task of dredging the canal, re-establishing a bulkhead and re-filling the area in and
around the tree.
The first thing to be done is install a turbidity net and street barricades.
In order to construct a rip rap wall, an area approximately 5' wide x 3' deep x 60' long will be
dredged to create a channel to stack and construct the wall to contain the sand on the hill and protect
the tree. This will take approximately 1,100 rip rap bags. We will supply an engineered plan and
shop drawings prior to starting work.
The extracted material from the canal will be dewatered by our machine and stockpiled on the ground
between the banyan tree and the roadway. The sand will be washed in and around the tree roots in an
effort to re-stabilize the tree. Holes will be dug through the root system to access the area under the
tree. A water supply from the canal will be used to wash the sand around and through the roots.
Now that the broken pipeline has been repaired and the storm damaged banyan tree has been
removed, sand has been brought in and repairs have been made to the shoulder of the road. If we
remove 350 yards of material, excess material may have to be hauled away.
Settled Solids Management is responsible for:
VGS for dredging and dewatering, pumps, supervision and labor to construct rip rap wall,
1,100 bags of rip rap,
Turbidity netting, as required by FDEP and South Florida Water Management District.
Engineering and shop drawings
12-Month Limited Labor Warranty
The City of Boynton Beach is responsible for:
Labor to remove debris such as tree limbs, bricks, children's toys, broken wooden docks and
any other debris that we cannot pump,
Sod and labor as necessary,
Fencing, as required,
Barricades for traffic control,
ADDENDUM I
Forklift for unloading pallets of rip rap, ~0~ O
Permits and correspondence, as may be required, by Florida Department of Environmental
Protection,
Loading trucks and hauling away excess sand, if necessary,
Survey, if required.
All work will be performed in a timely and professional manner with great caution and within OSHA
guidelines.
Cost of Proposed Services:
Includes:
Proposal
Labor to remove sand bar,
construct rip rap wall and replace sand
Engineering and Shop Drawings,
12-month Limited Labor Warranty
Materials and Consumables
1,100 Rip Rap Bags
Mobilization and set-up
TOTAL $ 61,840.00
NOTE: Limited Labor Warranty excludes any acts of God or the public enemy, vandalism, acts of the
government of the United States, or any foreign country, or any of them acting in their sovereign
capacity, acts of client's contractors or agents, fires, floods, epidemics, riots, quarantine restrictions,
strikes, civil insurrections, freight embargoes and unusually severe weather.
Payment Terms:
Upon Completion of Construction of Rip Rap Wall
Upon Completion of Contract
TOTAL
$25,000.00
$36,840.00
$61,840.00
VISA, Mastercard and American Express Accepted.
A copy of Settled Solids Management, Inc. Scope of Project Services Terms and Conditions is
attached hereto and by this reference made a part hereof.
Accepte~/fi& ~
for: Git3) of~Boy~to~ Beach
KURT BRESSNER
CITY UANAGFR
BOYNTON BEACH. FI.
Date: /'/?M/0 %. -
sign
print
for: Settled Solids Management, Inc. sign
Ken Mims President
print
Date: December 15, 2004
ADDENDUM I - Please accept this Addendum this date as written without company signature.
4.2
4,3
Request for additional work or services shall not invalidate this agreement, but will be considered as
additional work or services required and billed accordingly. The terms and conditions included in this
agreement will apply to any additional work requested.
If accumulated solids are greater than the estimated volumes reported by the plant management, the
price would increase accordingly.
5.0 TERMINATIONN~IDITY
5.1
This agreement may be terminated, postponed or rescheduled by either party. Notification must be in
writing at least ten (10) days prior to work start date. In the event the defaulting party corrects the
problem(s) within thirty (30) days, this agreement may be reinstated. In the event of termination,
SSMI will be paid a termination fee of 10% of the contract amount. In the event of re-scheduling
before thirty (30) days, no charges will be imposed.
6.0 FORCE MAJEURE
6.1
Should completion of any of the services be delayed for causes beyond the control of or without the
fault or negligence of SSMI, including Force Majeure, the time for performance shall be extended for
a period equal to the delay. Force Majeure includes, but is not restricted to, acts of God or the public
enemy, acts of the government oftbe United States or oftbe several states, or any foreign country, or
any of them acting in their sovereign capacity, acts of client's contractors or agents, fires, floods,
epidemics, riots, quarantine restrictions, strikes, civil insurrections, freight embargoes and unusually
severe weather.
7.0 WORK STOPPAGE OR DELAY
7.1
If, after starting the project, through no fault of SSMI, the project is stopped or delayed by conditions
caused by the customer not covered under Section 6.0, SSMI is to be paid at the rate of cost plus 25%
for each hour it is not allowed to work and its equipment remains on site. This charge shall be in
addition to the dollar amount of this contract. SSMI will submit a change order to the customer for
the additional charges. Payment of these additional charges shall be in accordance with Section I of
these Terms and Conditions.
8.0 DEFINITIONS OF TERMINOLOGY USED IN THIS CONTRACT
Sand - Silica as it relates to collected material in the canal.
Grit - mostly non-biodegradable, such as plastics, synthetic fabrics, rocks, metal objects.
Solids - pertaining to collected material smaller than 3" in diameter.
Rags - various fibers, hair, lint and fabric that collect as balls or ropes and attach to obstacles.
Warranty - we agree to remove 95% of all settled solids.
Biomass - live and dead bacteria kept in suspension with the liquid.
This agreement and its attachments represent the entire agreement between the parties hereto.
IN WITNESS WHEREOF the undersigned certifies that he/she accepts this proposal and the terms and conditions
herein as a contract and that he/she is duly authorized to execute this agreement.
City of Boynt~on Beach
Title: g)J~T
Date: t/~Jt/o~"- CITY MANAGER
BOYNTON BEACH, FL
-,,~ .:
Settled Solids Management, Inc.
Title: Ken Mims President
Date: November 4, 2004
FROM :SETTLED-SOLIDS MANAGEMENT
:40?302185?
Jan. 31 2005 02:07PM P2
ADDENDUM 3
SETTLED SOLIDS MANAGEMENT, INC.
SCOPE OF PROJECT SERVICES TERMS AND CONDmONS
January 31, 200~
THIS AGREEMENT made this 31't day of~, between ' of~L~:g~g9~$~ hol~ r~r~a, ecl to as
"CUSTOMER" at !24 E. Woolbright Rd.~ Boyn~on Beach, FL 334~5 and S~lZled ~li~ Management, I,a¢., PO Box
470800, Lake Mon~e, FL 32747-0800.
"To thc extent permitted by law, each party agrees to be fully responsible for its acts of negligence or its
agent's acts of negligence when acting within the scope of this Liccnsc Agtccment and agI~s to be liable for
any damages resulting from said negligeoce pursuant to the terms of §765.28, Florida Statutes, as may be
applicable. Nothing herein is intended to serve as a waiver of sovem, ign immunity by any agency to which
~ovel-eigll immifllily lllay bc applicable. Nothing horcin shall be construed as consent by an agency or
political subdivision of the State of Florida to be sued by third parties in aay matter arising out of any
contract.
ADDENDUM 3 - Please accept this Addendum this d8!¢ aa written without
company signature.
FROM :BOYNTON BEACH UT]TIES FAX NO, :561 742 6298 Jan. 27 2005 03:$4PM P1
Fr~; Join Re~oldg At rnsurance by Ken Sro~, I~ FaxlD, 407-648-0197 To To C}iy of Boyflt~ Such Date 1/20/O5 09.14 AM Page! I of !
ACORD.
PROOUCP~
P.O. Box 940569
CERTIFICATE OF LIABILITY INSURANCE
THIS CEa TIPICATE 18 I;5$UED ~ A MATTER OF/HFORMATION
INSURERS AF[ORDING CO~/_ Efl&OE_ '~
01/20/05
Box 470800
NAIC ~t
23396
COVERAGE&
10/2,'1/04
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ACORD 2S (2001/09)
CANCELLATION
(e ACORO CORPORATION 1998